ML18347B365

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Interagency Agreement No. 31310018N0015
ML18347B365
Person / Time
Issue date: 12/13/2018
From: Sandra Nesmith
Acquisition Management Division
To:
Oak Ridge
References
31310018N0015
Download: ML18347B365 (28)
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1. IAA NO. PAGE OF INTERAGENCY AGREEMENT 31310018N0015 1 3

2. ORDER NO. 3. REQUISITION NO. 4. SOLICITATION NO.

RES-19-0007

5. EFFECTIVE DATE 6. AWARD DATE 7. PERIOD OF PERFORMANCE 12/03/2018 11/28/2018 12/03/2018 TO 09/30/2021
8. SERVICING AGENCY 9. DELIVER TO OAK RIDGE NATIONAL LAB DON ALGAMA ALC: US NUCLEAR REGULATORY COMMISSION DUNS: 012075755 +4: OFFICE OF NUCLEAR REGULATORY RESEARCH US DEPARTMENT OF ENERGY 11555 ROCKVILLE PIKE OAK RIDGE NATION LABORATORY SITE OFFICE ROCKVILLE MD 20852 BUILDING 4500N MS 6269 PO BOX 2008 OAK RIDGE TN 37831-6269 POC Deborah Garland, CO TELEPHONE NO. (865) 241-9566
10. REQUESTING AGENCY 11. INVOICE OFFICE ACQUISITION MANAGEMENT DIVISION US NUCLEAR REGULATORY COMMISSION ALC: 31000001 ONE WHITE FLINT NORTH DUNS: 040535809 +4:

US NUCLEAR REGULATORY COMMISSION 11555 ROCKVILLE PIKE MAILSTOP O3-E17A ONE WHITE FLINT NORTH ROCKVILLE MD 20852-2738 11555 ROCKVILLE PIKE ROCKVILLE MD 20852-2738 POC Sandra Nesmith TELEPHONE NO. 301-415-6836

12. ISSUING OFFICE 13. LEGISLATIVE AUTHORITY Energy Reorganization Act of 1974 US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-07B20M WASHINGTON DC 20555-0001 14. PROJECT ID
15. PROJECT TITLE RADIOCHEMICAL ASSAY MEASUREMENT OF HBU FUEL STORAGE DE
16. ACCOUNTING DATA 2019-X0200-FEEBASED-60-60D003-60B302-1145-33-6-199-253D-33-6-199-1145
17. 18. 19. 20. 21. 22.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT The NRC and DOE hereby enter into this Agreement 31310018N0015 for the project titled, Radiochemical Assay Measurement of HBU Fuel Storage Demonstration Project Sister Rods."

The performance period for this agreement is December 3, 2018 - September 30, 2021.

Consideration and Obligations:

(A) The Authorized Cost Ceiling for the work to be accomplished under this Agreement, exclusive of the Optional Tasks identified in the attached Continued ...

23. PAYMENT PROVISIONS 24. TOTAL AMOUNT

$100,000.00 25a. SIGNATURE OF GOVERNMENT REPRESENTATIVE (SERVICING) 26a. SIGNATURE OF GOVERNMENT REPRESENTATIVE (REQUESTING) 25b. NAME AND TITLE 25c. DATE 26b. CONTRACTING OFFICER 26c. DATE SANDRA R. NESMITH 12/13/2018

IAA NO ORDER NO PAGE OF 31310018N0015 2 3 Statement of Work, is $389,000.00.

(B) The amount presently obligated with respect to this DOE Agreement is $100,000.00. When and if the amount(s) paid and payable to the DOE Laboratory hereunder shall equal the obligated amount, the DOE Laboratory shall not be obligated to continue performance of the work unless and until the NRC Contracting officer shall increase the amount obligated with respect to this DOE Agreement. Any work undertaken by the DOE Laboratory in excess of the obligated amount specified above is done so at the DOE Laboratorys sole risk.

Required Tasks:

Task 1 - Evaluate Existing PWR RCA Data Against SFWST RCA Program Task 3 - Evaluate and Update NUREG/CR-7108 and NUREG/CR-7109 Task 4 - Expert Technical Assistance Total Authorized Ceiling for Required Tasks $389,00.00 The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the cost stated in the Schedule. The Contracting Officer will issue a modification to the Agreement to authorize the optional subtasks.

Optional Task:

Optional Task 2 - Perform Measurements that are Deemed to be Beneficial for the Purposes of NRC Activities Total of Optional Task ($576,000.00)

The following documents are hereby made a part of this Agreement:

Attachments:

Continued ...

IAA NO ORDER NO PAGE OF 31310018N0015 3 3

1. Statement of Work
2. DOE Terms and Conditions This agreement is entered into pursuant to the authority of the Energy Reorganization Act of 1974, as amended (42 U.S.C 5801 et seq.). This work will be performed in accordance with the NRC/DOE Memorandum of Understanding dated November 24, 1998. To the best of our knowledge, the work requested will not place the DOE and its contractor in direct competition with the domestic private sector.

[ X ] Non-fee Recoverable Work NRC COR: Don Algama, (301) 415-1940, don.algama@nrc.gov DUNS: 040535809 TAS: 31X0200.320 ALC: 31000001  Master IAA: N/A

STATEMENT OF WORK (SOW)

NRC Agreement NRC Agreement NRC Task Order NRC Task Order Number Modification Number (If Modification Number Number Applicable) (If Applicable) 31310018N0015 Project Title Radiochemical Assay Measurement of HBU Fuel Storage Demonstration Project Sister Rods Job Code Number B&R Number DOE Laboratory Oak Ridge National Laboratory (ORNL)

NRC Requisitioning Office Period of Performance Office of Nuclear Regulatory Research (RES) 12/3/2018 - 09/30/2021 NRC Form 187, Contract Security and Classification Requirements Involves Proprietary Information Applicable Involves Sensitive Unclassified Not Applicable Non Fee-Recoverable Fee-Recoverable (If checked, complete all applicable sections below)

Docket Number (If Fee- Inspection Report Number (If Fee Recoverable/Applicable) Recoverable/Applicable)

Technical Assignment Control Number (If Technical Assignment Control Number Fee-Recoverable/Applicable) Description (If Fee-Recoverable/Applicable)

CONTRACTING OFFICERS REPRESENTATIVE Contracting Officers Representative Name: Don R. Algama Agency: U.S. Nuclear Regulatory Commission Office: RES Mail Stop: TWFN 10 B07 Washington, DC 20555-0001 E-Mail: Don.Algama@nrc.gov Phone: 301.415.1940 GOVERNMENT-FURNISHED PROPERTY (GFP)

N.A. At this time, there is no expectation for government-furnished property.

--- End of Executive Summary ---

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1.0 BACKGROUND

The Spent Fuel and Waste and Science and Technology (SFWST) program under Department of Energy - Nuclear Energy is currently funding work at Oak Ridge National Laboratory (ORNL) intended to establish baseline and fundamentals (e.g.: initial characteristics, mechanical performance, and conditions) of fuel assemblies that are being used in the DOE High Burnup Data program. Currently, the DOE has provided ORNL with 25 spent fuel rods to execute this research. These rods are considered sister rods in that they have similar characteristics to the spent nuclear fuel that will be placed in storage in a modified TN-32B cask.

This work at ORNL will include detailed non-destructive examinations and destructive examinations in support of developing data for Spent Nuclear Fuels performance during all conditions of transport and storage. As a result, this work has the potential to benefit the U.S.

Nuclear Regulatory Commission (NRC) and there is the potential for the NRC to include work specific to its needs.

Regulatory Application:

The work requested will support the NRC with criticality safety and shielding analyses for fissile materials systems in Title 10 of the Code of Federal Regulations (10 CFR) Part 71, Packaging and Transportation of Radioactive Material, and 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste. This work will also support NRC evaluations of the industrys effort to move towards higher burnup fuels, which results in longer average assembly depletion.

Updates to NUREG/CR-7108 and NUREG/CR-7109 will allow staff to more easily use new cross section data, with potential reduced uncertainties associated with depletion validation, and thus support confirmatory evaluations and licensing reviews in general. Development of a shielding validation guidance document, that is a follow on to NUREG/CR-6802 Recommendations for Shielding Evaluations for Transport and Storage Packages, will support confirmatory evaluations and licensing reviews.

Technical Issue:

Radiochemical analyses (RCAs) provide measured isotopic compositions of commercial spent nuclear fuel to support depletion code and nuclear data validation. For independent validation of depletion methods and data, calculated isotopic predictions have traditionally been compared to RCA data to determine biases and uncertainties for each isotope considered in the safety evaluation. For isotopes with relatively few measurements, the uncertainty can be large--

decreasing the benefits of high fidelity depletion analyses. Accurate predictions of the isotopic compositions are the foundational element for all applications that involve spent fuel (e.g.,

thermal analyses, radiation dose analyses, shielding, and criticality safety). For example, the current available data for pressurized water reactor (PWR) isotopic validation is based on 76 samples with measured major actinides and varying numbers of minor actinides and fission products.

2.0 OBJECTIVE The primary objective of this work is to determine if measurements of sister rod material can fill gaps, or support further, data in the existing RCA database, thereby reducing the uncertainty associated with isotopic depletion code modelling of spent nuclear fuel and support shielding related activities.

3.0 SCOPE OF WORK/TASKS ORNL must provide all resources necessary to accomplish the tasks and deliverables described in this Statement of Work (SOW). ORNL must provide the appropriate personnel to perform and analyze RCA experiments, develop meaningful results, and provide meaningful recommendations.

ORNL is expected to provide analysis, expert review, expert recommendations, interact with relevant DOE programs and support the development of the NUREG/CRs. ORNL must also attend meetings, as appropriate.

ORNL must provide a task outline for each of the tasks described below that clearly delineates each step of the task and included deliverable dates. These outlines must be coordinated with the NRC COR.

Task 1: Evaluate Existing PWR RCA Data against SFWST RCA Program Evaluate the existing PWR RCA data set for gaps with respect to nuclides of interest for burnup credit and shielding evaluations. Determine if sister rod data can fill these gaps in order to reduce uncertainties and for burnup credit reduce uncertainties associated with PWR isotopic depletion validation for spent fuel burnup credit criticality analyses (in particular with updating NUREG/CR-7108 and NUREG/CR-7109), and whether it would be supportive for the development of a NUREG/CR guidance document for shielding validation efforts.

The result of this task should be a technical letter report, which documents gaps in the data, such as depletion validation data set (which should include supporting analyses), determines the optimum number and type of sister rod RCA measurements to add to existing measurements (includes discussion on how current data can be further refined with new data),

and estimates the potential depletion validation bias and bias uncertainty reductions and the effects on shielding validation efforts as a result of including new measurements. This report

should also provide a description of any proposed measurement programs (including their measurement techniques and inherent limitations, etc) and related costs.

Deliverable:

Technical letter report describing the development and implementation of this task, limitations, if any, areas of application, final versions of any input decks, if any, are developed, recommendations, etc.

Estimated Completion Date: 3/2019 Task 2 (OPTIONAL): Perform RCA measurements that are deemed to be beneficial for the purposes of NRC activities. This will be dependent on NRC funding availability Perform the RCA measurements recommended in Task 1. The performance of this task will depend on the recommendations from Task 1, and will depend on the overall estimated cost of the measurement program, as well as available NRC funding to perform the measurements. A measurement program will be pursued by the NRC if the potential benefit outweighs the estimated costs of the program. Note that this task must meet expected industry and international expectations (appropriate methods and equipment descriptions, quality review, etc) with the performance of the RCA measurements and its related documentation.

Deliverable:

Technical Report describing the development and implementation of this task, limitations if any, areas of application, final versions of any input decks, if any, are developed, recommendations, etc. This technical report and the data developed from this task will be made available to the public. Input decks are to be provided with appropriate calculation notebook Estimated Completion Date:

Draft: 6/2020 Final: NLT 30 working days Task 3: Evaluate and update NUREG/CR-7108 and NUREG/CR-7109 Using information from Task 1 and Task 2 (Task 2 if funded), update the validation analysis methods in particular in NUREG/CR-7108 for ENDF/B-VII.1 and -VIII.0 data and develop NUREG/CR guidance document for the validation of computer codes used in shielding applications. If new RCA measurements are recommended in Task 1 and performed in Task 2, this work shall also update the bias and bias uncertainty estimates for ENDF/B-V and -VII.0 data from NUREG/CR-7108. In parallel with updating NUREG/CR-7108. This task includes updating NUREG/CR-7109 on criticality validation using new cross section data in ENDF/B-VII.1 and -

VIII.0.

Deliverables:

1. NUREG/CR describing the development and implementation of this task, limitations if any, areas of application, final versions of any input decks develop, recommendations, etc. This NUREG/CR and data developed from this task will be made available to the public.
2. Input decks are to be provided with appropriate calculation notebook Estimated Completion Date:

Draft: 3/2021 Final: NLT 30 working days after receipt of NRC comments < PoP end date Task 4: Expert Technical Assistance Provide technical support and assistance to NRC staff, as identified by the NRC COR, in support of the above referenced tasks and operation of the SCALE system. This may include interaction with ACRS, and technical support with possible collaborations with other contractors/staff/etc. as appropriate 4.0 LIST OF DELIVERABLES If the Tasks in Section 3 include development of the SCALE code system that development must to MD 11.7 and NUREG/BR-0167, Software Quality Assurance Program and Guidelines, requirements.

Task Deliverable and Acceptance Criteria Deliverable Due Date Number Format 1 Technical Letter Report 3/2019 2 (OPTIONAL) Technical Report (in Microsoft DRAFT - 06/2020 appropriate NRC format and tech edited). Word A separate tabulated worksheet is Final - NLT 30 expected to describe how comments on working days after the draft report are dispositioned. receipt of NRC comments < PoP end date 3 NUREG/CR (in appropriate NRC format Microsoft DRAFT - 03/2021 and tech edited). A separate tabulated Word worksheet is expected to describe how Final - NLT 30

comments on the draft report are working days after dispositioned. receipt of NRC comments < PoP end date 4 Technical Letter Report Microsoft 03/2021 Word All Per SOW Section 8.1, Monthly Letter Microsoft NLT than 20th of the Status Reports (MLSRs). This MLSR Word or following month should include an electronic (EXCEL) Adobe PDF version of the project status including the updated spend plan information.

Acceptance Criteria: Report contains all required information 5.0 KEY PERSONNEL Key personnel for this agreement include the following:

6.0 CERTIFICATION AND LICENSE REQUIREMENTS ORNL is responsible for ensuring that its employees assigned to this interagency agreement/order possess and maintain the appropriate professional certifications and/or licenses 7.0 MEETINGS AND TRAVEL For estimating purposes, it is anticipated that travel will be required as follows:

Three trips for two researchers, 3 days (including travel) to the NRC/HQ related meetings are expected.

Two trips, two researchers, 5 days (including travel) to the OECD/NEA meetings related to measure isotopic concentrations of spent nuclear fuel.

All travel requires written Government approval from the CO, unless otherwise delegated to the COR. Some domestic travel is expected with regards to coordinating with the NRC and possibly with the DOE.

ORNL personnel will be authorized travel expenses consistent with the Federal Travel Regulation (FTR) and the limitation of funds specified for the travel within this agreement/order.

Foreign travel for the ORNL personnel requires a 60-day lead time for NRC approval, however is not expected for this work. For prior approval of foreign travel, the servicing agency must submit to the COR an NRC Form 445, Request for Approval of Official Foreign Travel. NRC Form 445 is available in the MD 11.7 Documents library and on the NRC Web site at:

http://www.nrc.gov/reading-rm/doc-collections/forms/. All foreign travel requires prior written approval from the NRC Executive Director for Operations (EDO).

8.0 REPORTING REQUIREMENTS ORNL is responsible for structuring the deliverables to current agency standards. The ORNL must submit deliverables free of spelling and grammatical errors (Tech edited for NUREG/CRs) and shall conform to requirements stated in this section.

8.1 Monthly Letter Status Report (MLSR)

The ORNL must provide a Monthly Letter Status Report which consists of a technical progress report and financial status report. This report will be used by the sponsoring agency to assess the adequacy of the resources utilized by the servicing agency to accomplish the work contained in this SOW and to provide status of the servicing agency progress in achieving tasks and producing deliverables. The report shall include agreement/order summary information, work completed during the specified period, milestone schedule information, problem identification and resolution, travel plans, and staff hour summary. Copies must be sent to the COR and AMD at ContractsPOT.Resource@nrc.gov.

At a minimum, state that a final report summarizing the work performed and the results and conclusions derived shall be submitted to the COR. Indicate the number of report copies required, when the reports are due (i.e., days after agreement/order award or a given calendar date), and any content and format requirements.

The MLSR must include the following: agreement number; task order number, if applicable; job code number; title of the project; project period of performance; task order period of performance, if applicable; CORs name, telephone number, and e-mail address; full name and address of the performing organization; principal investigator's name, telephone number, and e-mail address; and reporting period. At a minimum, the MLSR must include the information discussed in the NRCs [preferred] MSLR template.

9.0 REQUIRED MATERIALS, FACILITIES, HARDWARE/SOFTWARE ORNL must provide the appropriate materials, facilities, hardware, or software required for this agreement/order.

10.0 APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

N/A 11.0 DATA RIGHTS The NRC shall have unlimited rights to and ownership of all deliverables provided under this agreement/order, including reports, recommendations, briefings, work plans and all other deliverables. All documents and materials, to include the source codes of any software, produced under this agreement/order are the property of the NRC with all rights and privileges of ownership/copyright belonging exclusively to the NRC. These documents and materials may not be used or sold by the servicing agency without prior written authorization from the CO. All materials supplied to the NRC shall be the sole property of the NRC and may not be used for any other purpose. This right does not abrogate any other Government rights.

STANDARD TERMS AND CONDITIONS TO BE ATTACHED TO ALL NRC INTERAGENCY AGREEMENTS AWARDED TO DEPARTMENT OF ENERGY (DOE) NATIONAL LABORATORIES All work performed for NRC at a DOE laboratory is conducted under the terms and conditions of the DOE contract in place to manage and operate that laboratory. The below set of terms and conditions provide additional guidance in specific areas that are particular to work performed for NRC and supplement the DOE contract provisions.

1. Technical Direction The NRC Contracting Officers Representative (COR), as named in the NRC Statement of Work (SOW), is responsible for ensuring that the services required under this project are delivered in accordance with the terms of the SOW. All technical direction instructions to the DOE Laboratory must be issued through the COR.

Technical direction includes interpreting technical specifications, providing needed details, and suggesting possible lines of inquiry. Technical direction must not constitute new work or affect overall project cost or period of performance. Technical direction must be confirmed in writing to the DOE Laboratory, a copy provided to the DOE Site Office or the DOE Field Office, and a copy placed in the NRC Program Office project file.

2. Key Personnel The individual(s) identified as key personnel in the Technical Proposal, is (are) considered essential to the successful performance of the work. The DOE Laboratory agrees that these personnel shall not be removed from the project or replaced without complying with the following:

- If one or more of the key personnel, for whatever reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 workdays, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the DOE Laboratory shall immediately notify the Contracting Officer (CO) in NRCs Acquisition Management Division of its intent to make key personnel replacements.

- All requests for approval of substitutions on a project shall be in writing and shall provide detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete résumé for the proposed substitute and other information requested by the NRC office to approve or disapprove the proposed substitution. The NRC will evaluate such requests and promptly notify the DOE Laboratory of its approval or disapproval thereof in writing.

- The project may be terminated if the office determines that:

Suitable and timely replacements of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the project is not reasonably forthcoming.

The resultant reduction of effort or expertise would be so substantial as to impair the successful completion of the project or work order.

3. Billing Requirements DOE shall bill NRC monthly for costs paid in support of NRC projects by the agreement number and task order number (if applicable). The DOE shall bill and collect from NRC by an electronic transfer of funds through the U.S. Treasury Intergovernmental Payment and Collection System (IPAC).

The DOE voucher shall identify the NRC Agreement Number and the NRC Task Order number (if applicable). The DOE voucher, as a minimum, shall indicate the month that costs were incurred and the dollar amount of these costs. In some instances because of accrual accounting and other adjustments, the amounts may differ slightly from the original accrual amount.

When monthly letter status report (MLSR) costs differ from the amount billed, DOE shall provide an explanation of the difference on the voucher.

The DOE voucher shall be sent to support the IPAC funds transfer. The instructions must identify the billable activities as specified by 10 CFR Part 170. The DOE voucher and other required documentation shall be submitted to NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop O3-E17A Rockville, MD 20852-2738 Electronic Commercial Vendor and IPAC Payments:

Effective immediately, commercial vendors and Federal entities should use the new electronic mailing addresses shown below:

Invoice and training billing Email address - NRCPayments@NRC.gov IPAC billing Email address - NRCIPAC.Resource@NRC.gov

4. Monthly Letter Status Reports (MLSR)

In accordance with MD 11.7, the DOE laboratory shall submit a Monthly Letter Status Report (MLSR) by the 20th day of each month to:

- NRC Contracting Officers Representative With copies to the following:

- Office of Administration/Acquisition Management Division (electronic copy only) to ContractsPOT.Resource@nrc.gov The MLSR should contain at a minimum all of the information required in the instructions for completing Monthly Letter Status Reports as defined in Attachment 1 of the NRC SOW.

5. Limitation of Funds NRC is not obligated to reimburse DOE for costs incurred by its contractors in excess of the total amount obligated by an appropriately executed interagency agreement form. The NRC CO in NRCs Acquisition Management Division will formally notify the appropriate DOE Site Office or the DOE Field Office of any projects that are intended to be phased out or terminated as soon as such intent is known, preferably at least 30 days before the proposed termination date.

For work orders with fixed performance periods, the DOE Site Office or the DOE Field Office should assume that the program will terminate on the last day of the period specified in the award form unless notified otherwise.

If at any time the Laboratory has reason to believe that the costs will exceed the total amount authorized, the Laboratory must notify NRC and the DOE Site Office or the DOE Field Office. In the absence of formal NRC instructions to continue or to terminate a work order, the DOE Site Office or the DOE Field Office contract officer or his or her designee will notify NRC by e-mail or other suitable written means when the accrued costs of any NRC work order approaches 75 percent of the authorized funding level for a project or task order (TO).

The notification should include the estimated date when the accrued costs will equal the authorized funds, and may, if appropriate, recommend or request the NRC action desired. The notification should be sent to the appropriate NRC CO and COR with a copy to DOE. After this notification, the NRC will evaluate costs incurred against technical progress and, if necessary, will:

- Increase funding authorization

- Change the scope of the work

- Change the period of performance

- Terminate the project The performance of work shall be completed within the period stated in the most current authorization document. When the DOE Laboratory anticipates that the work cannot be completed within the fixed time period, it shall notify the NRC CO and COR in writing and send a copy of the notice to the DOE Site Office or the DOE Field Office. Notification shall be made in sufficient time to allow for the issuance of a modification to the agreement, authorizing an extension of the work period to the date necessary to complete the authorized work. If the period of performance is not extended, the office shall notify DOE and the DOE Laboratory via issuance of a modification which should contain closeout instructions, including the reconciliation of any excess funds.

6. Organizational Conflict of Interest Upon submitting a proposal to the NRC, each DOE Laboratory would continue to acknowledge the disclosure requirements of: 1) MD 11.7, Organizational Conflict of Interest; and 2) the provisions of the Memorandum of Understanding (MOU) between DOE and NRC, dated 1998 (which states, in part, that DOE recognizes that Section 170A of the Atomic Energy Act of 1954, as amended, requires that NRC be provided with disclosures on potential conflicts when NRC obtains technical, consulting, research and other supporting services). DOE further recognizes that the assignment of NRC work to DOE laboratories must satisfy NRCs organizational conflict of interest (OCOI) standards.

Therefore, each DOE Laboratory, in its proposal to NRC (which will be incorporated into an interagency agreement between NRC and DOE), is required to make an assertion per #1 or #2 of Part A below for themselves and all subcontractors proposed prior to their award. If the Laboratory selects #1, then, it must also fill out the accompanying Part B - whereby the Laboratory must, again, make an assertion by answering each of the five (5) NRC OCOI provisions per the NRC Acquisition Regulation (NRCAR).

PART A:

"In accordance with [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] role in, and responsibility for, disclosing its relationships with organizations which conduct business in the same and/or similar technical area as described by the present and/or ongoing NRC project's scope of work, and in accordance with the NRC clause as stated herein, [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] hereby asserts that it has examined its relationships with all such organizations, and has also examined its current and future/planned work, and where appropriate, its past work (generally for the previous five years),

for DOE and other organizations, and [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] states the following:

1) [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] hereby discloses the following relationships _______ [state the name of persons, organizations, and business relationships, etc. **] ________ that may give rise to a potential OCOI. (DOE Laboratory or subcontractor must answer the questions in Part B below);

Or

2) [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] to the best of its knowledge and belief, asserts that it has no current work, planned work, and where appropriate, past work for DOE and others (to mean - organizations in the same and/or similar technical area as the present and/or ongoing NRC project scope of work); and [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] hereby asserts that it is not aware of any same/similar technical work that would give rise to any potential OCOI as defined in the Atomic Energy Act of 1954, as amended, and in the NRC/DOE MOU.

Signed: _________________________________________________________________

PART B:

In accordance with [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR]

role/responsibility regarding OCOI disclosure, as stated in Part A, above [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] further discloses, to the best of its knowledge and belief, that:

1) [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] and/or any of its organizational affiliates* as defined in Part A above [does/does not] provide advice and recommendations to the NRC in the same technical area (e.g., fire protection, PRA, seismic, vulnerability analysis, fracture mechanics) where it is also providing consulting assistance to any organization regulated by NRC. If [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] "does" - then [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] hereby discloses such organization(s) in Part A above;
2) [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] and/or any of its organizational affiliates as defined in Part A above [does/does not] provide advice and recommendations to the NRC on the same or similar matter (e.g., particular licensing amendment, particular EIS, particular high level waste repository site) on which it is also providing assistance to any organization regulated by NRC. If [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] "does" - then [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] hereby discloses such organization(s) in Part A above;
3) [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] and/or any of its organizational affiliates as defined in Part A above [will/will not] be required to evaluate its own products or services, or has been substantially involved in the development or marketing of the products or services of another entity. If [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] "will" - the [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] hereby discloses such organization(s) in Part A above;
4) [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] and/or any of its organizational affiliates as defined in Part A above [does/does not] have a conflicting role, given the award of the present and/or ongoing NRC project, in which its judgment or the judgment of any of its organizations may be biased in relation to its work for NRC. If [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] "does" - then [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] hereby discloses such conflicting role(s) with organization(s) in Part A above;
5) [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] and/or any of its organizational affiliates as defined in Part A above [are/are not] soliciting or performing concurrent work at an applicant or licensee site, while performing work in the same/similar technical area for NRC at the same site. If [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] "are" - then the [INSERT NAME OF DOE LABORATORY OR SUBCONTRACTOR] hereby discloses such organization(s) in Part A above."

Signed: __________________________________________________________________

  • Organization affiliate - Business concerns which are affiliates (related) to each other when either directly or indirectly, one concern or individual controls or has the power to control another, or when a third party (i.e. parent firm) has the power to control both.
    • The Atomic Energy Act of 1952 uses the term person to mean any entity - e.g., sole proprietorship, partnership, joint venture, corporation; university; limited partnership, subchapter S corporation; limited liability company, etc.
7. Incompatibility Between Regular Duties and Private Interests (a) Employees of a management and operating contractor shall not be permitted to make or influence any decision on behalf of the contractor which directly or indirectly affects the interest of the Government, if the employees personal concern in the matter may be incompatible with the interest of the Government. For example: An employee of a contractor will not negotiate, or influence the award of, a subcontract with a company in which the individual has employment relationship or significant financial interest; and an employee of a contractor will not be assigned the preparation of an evaluation for DOE or for any DOE contractor of some technical aspect of the work of another organization with which the individual has an employment relationship, or significant financial interest, or which is a competitor of an organization (other than the contractor who is the individuals regular employer) in which the individual has an employment relationship or significant financial interest.

(b) The contractor shall be responsible for informing employees that they are expected to disclose any incompatibilities between duties performed for the contractor and their private interests and to refer undecided questions to the contractor.

8. Intellectual Property Rights The statutory, regulatory, and procedural intellectual property policies of DOE will be applicable to the work falling under this work order

- Provided that information concerning disclosures of inventions identified as having been conceived or first actually reduced to practice under Commission-funded work will be reported to the Commission, and the Commission will be kept advised as to their status.

- Except that the Commission reserves the right to control title to inventions as to any rights that vest in the Commission under statute. If DOE and DOE's contractor, where the contractor has such rights, should determine not to protect these inventions either domestically or abroad, the Commission will have the right to protect these inventions.

- Provided that if the technology covered by an invention disclosure upon which DOE intends to file a patent application on behalf of the U.S. Government is deemed by the Commission to fall within the Commissions mission, that is, when the technology relates to nuclear facilities and materials safety, safeguards, and environmental protection in support of the Commissions licensing and regulatory functions, the Commission may so notify DOE and a determination will be made by the parties as to which party will file the patent application or applications.

- Provided that neither party shall grant an exclusive patent license on an agency owned invention without the approval of the other party.

9. Acquired Material, Equipment, or Software (Property)

In accordance with Management Directive 11.7, the Laboratory proposal must include a description of the property required for project performance that has an estimated acquisition cost of $500 or more. The proposal must also identify the potential development of NRC-funded software during the project. NRC-funded software is software specifically developed for NRC by the Laboratory and is generally the deliverable for the project.

After the NRC reviews the list of property and NRC-funded software included in the Laboratory proposal, any questions regarding the acquisition of property or the development of NRC-funded software will be addressed with the Laboratory during negotiations. After negotiating project terms and conditions, NRC shall issue an agreement authorizing the work and approving acquisition of property or development of NRC-funded software.

Laboratories shall submit a written request to the NRC project manager for approval to develop additional NRC-funded software or purchase additional property with an estimated acquisition cost of $500 or more after work initiation. The project manager shall approve or disapprove the acquisition or development of any additional items in writing.

DOE Laboratories shall report property, including software, with an acquisition cost of $500 or more in the monthly letter status report in the month the property or software was acquired.

DOE laboratories shall forward an electronic copy of all monthly letter status reports to the NRC Office of Administration, Acquisition Management Division: ContractsPOT.Resource@nrc.gov, in addition to the NRC COR. DOE Laboratories shall provide the information listed in the Monthly Letter Status Report instructions for each item reported as appropriate, in the monthly letter status report.

10. Dissemination of Project Information/Publication Requirements (a) Prior to any dissemination, display, publication, presentation, or release of papers, articles, reports, summaries, or abstracts developed under the NRC/DOE Agreement, the DOE Laboratory shall submit them to the NRC for review and comment. NRC shall have a review and comment period of at least [60] days, after which both an NRC and DOE Laboratory representative at the lowest management level, shall attempt to resolve any differing viewpoints or statements which are the subject of NRC objection. If the matter cannot be resolved at that level, the issue shall be brought up to the next management level in both organizations until an agreement can be reached or it reaches the Office Director level. Matters which cannot be resolved at this level shall be submitted for resolution to the Laboratorys Technology Partnership Ombudsman (as set forth in the Laboratorys Management and Operating contract with DOE or NNSA pursuant to § (p) of Department of Energy Acquisition Regulation (DEAR) 970.5227-3 Technology Transfer Mission (Aug 2002)). In the event resolution cannot be achieved by the Ombudsman, the NRC may direct the Laboratory/DOE to not publish the work as a NUREG/CR, but publish as a Laboratory report without the NRC office name or Project Managers name listed on the report, and with a Disclaimer conspicuously noted on the report, article, summary, abstract or related document that the Laboratory/DOE intends to release, display, disseminate or publish to other persons, the public or any other entities:

The views expressed in this [paper, journal article, report, summary, or abstract] do not represent those of the U.S. Nuclear Regulatory Commission.

(b) The NRC and DOE agree to handle all classified information provided or developed during the course of this project in accordance with all applicable laws and regulations governing the handling of such information. In the event NRC determines during its review and comment period that a draft Laboratory paper, article, report, summary, or abstract contains classified information regarding the work performed for NRC, NRC, in addition to commenting on the subject matter, shall also direct the Laboratory/DOE to direct an authorized classification authority to appropriately review, classify and mark the product, pursuant to nationally acceptable standards/guidelines. Under these circumstances, the Laboratory will either publish the work solely as a classified product pursuant to NRC direction, or not publish the work in any format. In cases where classification of the product is in dispute, NRC may consult with DOEs Office of Classification; however NRC retains the ultimate authority over the classification of the product.

(c) In addition, travel costs to present papers or reports developed under the NRC/DOE Agreement may not be authorized if the NRC program manager determines that presentation of the paper does not support the NRC program or project. Such determination will not affect payment of the contract work costs.

(d) The DOE Laboratory contractor, to the extent it is permitted to and asserts copyright therein, grants a royalty-free, nonexclusive, irrevocable worldwide license to the Government to use, reproduce, modify, distribute, prepare derivative works, release, display or disclose the articles, reports, summaries, abstracts, and related documents developed under the Agreement, for any governmental purposes and to have or authorize others to do so.

11. Review and Approval of Reports The Laboratory/DOE shall comply with the terms and conditions of the agreement regarding the contents of the draft and final reports, summaries, data and related documents, to include correcting, deleting, editing, revising, modifying, formatting and supplementing and of the information contained therein. Corrective actions shall not be undertaken unless sufficient funding from NRC is available to cover the costs of the corrective actions. Performance under the agreement shall not be deemed accepted or completed until it complies with NRCs directions.

Identification/Marking of Sensitive Unclassified and Safeguards Information. DOE shall comply with the requirements stated MDs 12.7 NRC Safeguards Information Security Program as follows:

a) Classification Clause To the extent that the performance of work under this work order involves classified information, the following clause is applicable:

- In the performance of work under this work order, DOE shall ensure that a DOE authorized classifier shall assign classification levels to all documents, material, and equipment originated or generated by the performing organization in accordance with classification guidance furnished by the Commission. Each subcontract and purchase order issued hereunder involving the generation of classified documents, material, or equipment shall include a provision to the effect that in the performance of such subcontract or purchase order, a DOE authorized classifier shall assign classification levels to all such documents, material, and equipment in accordance with classification guidance furnished by the NRC.

- When appropriate, the attached NRC Form 187, Contract Security and/or Classification Requirements," is a part of this work order. It is the responsibility of the NRC office originating the work order to review the classification assigned and to refer any problems to the NRC Division of Security Operations (DSO), NSIR, for resolution.

b) Safeguards Information, Unclassified Controlled Nuclear Information, or Unescorted Access to Protected and Vital Areas of Nuclear Power Plants To the extent that the performance of work under this work order involves Safeguards Information (SGI), the following clause is applicable:

In the performance of the work under this project, DOE shall assure that the DOE laboratory shall mark and protect all documents, material, and equipment originated, generated, or received by the performing organization in accordance with the provisions of Section 147 of the Atomic Energy Act of 1954, as amended, its implementing regulations (10 CFR 73.21),

Protection of Safeguards Information: Performance Requirements. Further guidance on the protection of Safeguards Information and examples of proper marking of cover; title page, and back cover are contained in NRC Management Directive (MD) 12.7, "NRC Safeguards Information Security Program and the NRC Guide to Marking Safeguards Information.

To the extent that performance of work under this work order involves unclassified controlled nuclear information (UNCI), the following clause is applicable:

In the performance of the work under this project, DOE shall assure that the DOE laboratory shall mark and protect all documents, material, and equipment originated, generated, or received by the performing organization in accordance with the provisions of Section 148 of the Atomic Energy Act of 1954, as amended, is implementing DOE regulations, and DOE orders and guidance.

It is the responsibility of the NRC office originating the work to indicate whether the work will involve SGI or unescorted access to protected and vital areas of nuclear power plants. An NRC Form 187, Contract Security and/or Classification Requirements, shall be completed to indicate such access.

c) Proprietary Information In connection with the performance of work under this work order, NRC may furnish for DOE review, evaluation, or other use certain trade secrets or confidential or privileged commercial or financial information determined by the office to be exempt from public inspection or disclosure. A synopsis of such information must be submitted in writing to the DOE contracting officer for reaching agreement with the office on the acceptance and use of the information. Up-to-date guidance on the protection of proprietary information used in reports prepared by the DOE laboratory on proper marking of cover, title page, and back cover may be obtained from the NRC COR.

Proprietary or other privileged information may be provided by the office on an individual basis to DOE laboratory employees working as NRC consultants with the understanding that it shall be protected from disclosure and shall be returned to the office upon completion of the work.

Any such claimed proprietary data will be appropriately identified and marked as such. The use of proprietary information in reports prepared by consultants requires protection. Further information may be obtained from the NRC COR.

d) Other Sensitive Unclassified Non-Safeguards Information (SUNSI)

Information other than safeguards, unclassified controlled nuclear, proprietary information, and pre-decisional information may at times be determined to be sensitive. The use of such information in reports requires the specific NRC designation and protection as prescribed by the NRC SUNSI policy. Further information may be obtained from the NRC COR.

12. Sensitive Information Work Efforts To the extent that the performance under this work order involves classified information, the following clauses are applicable:

- Responsibilities. DOE and the DOE contractor (performing organization) shall be responsible for safeguarding Restricted Data, Formerly Restricted Data, and other National Security Information and for protecting it against sabotage, espionage, loss, and theft in accordance with applicable NRC and DOE security regulations and requirements.

- Transmission of Classified Matter. Except as otherwise expressly provided, DOE or the DOE contractor shall, upon completion or termination of the work order, transmit to the NRC program office all classified matter in its possession or in the possession of any person under its control in connection with performance of this project or work order. If retention of any classified matter is required by DOE or the DOE contractor, DOE must obtain the approval of the NRC program office and complete a certificate of possession specifying the classified matter to be retained.

- Regulations. DOE and the DOE contractors shall be responsible for compliance with all applicable NRC and DOE security regulations and requirements.

- Definition of Restricted Data. The term Restricted Data, as used in this clause, means all data concerning (1) the design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but does not include data declassified or removed from the Restricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954, as amended.

- Definition of Formerly Restricted Data. The term Formerly Restricted Data, as used in this clause, means classified information related primarily to the military utilization of atomic weapons that can be adequately safeguarded as National Security Information, subject to the restrictions on transmission to other countries and regional defense organizations that apply to Restricted Data.

- Definition of National Security Information. National Security Information is information that has been determined pursuant to Executive Order 13526 or any predecessor order to require protection against unauthorized disclosure and is so designated.

- Security Clearance of Personnel. DOE and DOE laboratories shall not permit any individual to have access to Restricted Data, Formerly Restricted Data, or National Security Information, except in accordance with the Atomic Energy Act of 1954, as amended, Executive Orders 12968 and 10865, and DOE regulations or requirements applicable to the particular type or category of classified information to which access is required.

- Safeguards Information Access. DOE and DOE laboratories shall not permit any individual to have access to Safeguards Information, except in accordance with 10 Code of Federal Regulations Part 73.22 and NRC Management Directive 12.7.

- Liability. It is understood that the unauthorized disclosure or the failure to properly safeguard Restricted Data, Formerly Restricted Data, or National Security Information that may come to the DOE or to any person under an NRC/DOE work order in connection with work under the work order may subject the performing organization, and its agents, employees, or subcontractors, to administrative sanctions and criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011et seq.], 18 U.S.C. 793 and 794; and Executive Orders 13526 and 12968.)

- Subcontracts and Purchase Orders. Except as otherwise authorized in writing by the Commission, DOE shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this project or work order.

13. Software Development Systems development efforts shall comply with applicable Government-wide Federal Information Processing Standards developed by the National Institute of Standards and Technology, applicable public laws, Office of Management and Budget circulars, and NRC policies and procedures. Particular attention is necessary to incorporate security features in the design of systems that process sensitive data. The format of software deliverables is specified in NRC Bulletin 0904-4. If any deliverable is provided on diskette, the diskette shall be scanned for viruses by the contractor and verified to be free of viruses before delivery to NRC. All software development, modification, or maintenance tasks shall follow general guidance provided in NUREG/BR-0167, Software Quality Assurance Program and Guidelines. NRC shall advise the DOE Patent Counsel with respect to any rights in the software that NRC desires under any particular project, which rights include NRC imposing restrictions on use, and distribution of the software by DOE or the Laboratory.
14. Copyright in Computer Software and Codes In the event that a DOE Laboratory desires to assert a copyright of any computer software or computer code funded in whole or in part by NRC, the Laboratory shall request, in writing, the written approval of the cognizant NRC division director or designee before advising DOE's patent counsel of the Laboratorys desire to seek the copyright.

If NRC determines that public health and safety or other programmatic considerations dictate that the DOE Laboratory contractor should not be given permission to copyright the computer software or code, the NRC CO, after consultation with the NRC Office of the General Counsel (OGC) and the division director or designee, shall so advise the Laboratory in writing.

Alternatively, if permission to copyright computer software or a computer code is granted, the cognizant NRC CO, after consultation with OGC and division director or designee, shall provide the Laboratory with written notice of that decision. In those cases in which the cognizant NRC CO determines that the rights retained by the Government pursuant to the copyright provisions of the Laboratory contract should be modified to protect NRC's interests, NRC will advise DOE's patent counsel of NRC's desire to modify DOE's standard policy with respect to permission for a contractor to assert copyright in that code. DOE and NRC will then jointly determine the appropriate provisions for the code. The DOE patent counsel shall provide the Laboratory with written notice, with a copy to the cognizant NRC division director or designee, of that joint determination. The Laboratory may then proceed to assert copyright.

In no case shall the DOE Laboratory take action relating to assertion of copyright until the NRC CO provides written approval to the Laboratorys request to assert copyright. Further, DOE shall not permit a contractor to assert copyright of an NRC-funded computer code or computer software without the written approval of the cognizant NRC division director or designee. Where NRC has not granted permission to copyright, NRC recognizes that once a Laboratory has delivered to NRC a developed version of a particular code, the Laboratory may exercise the existing right that both the Laboratory and other parties have to further develop, without NRC funds, software codes that are in the public domain and to copyright the new, non-NRC-funded versions of these codes without NRC approval.

15. Appropriate Use of Government Furnished Information Technology (IT) Equipment and/or its Services/Access When the NRC work at a DOE site requires electronic processing of information, DOE will follow NIST Special Publication (SP) 800-37 Rev. 1 or later, and SP 800-53 Rev. 3 or later (which are based on FIPS-199 and FIPS-200). For those specific projects with electronic processing of Safeguards Information (SGI), Restricted Data (RD) and/or Unclassified Nuclear Information (UCNI), the NRC shall provide DOE with the appropriate requirements that must be met on a project by project basis. In addition, for those specific projects that require classified electronic information processing, DOE will follow the CNSS policy, directives, instructions, and guidance.
16. NRC Information Technology Security Training Agencies/Contractors shall ensure that their employees, consultants, and subcontractors with access to the NRCs information technology (IT) equipment and/or IT services complete NRCs online initial and refresher IT security training requirements to ensure that their knowledge of IT threats, vulnerabilities, and associated countermeasures remains current. Both the initial and refresher IT security training courses generally last an hour or less and can be taken during the employees regularly scheduled work day. Agency/Contractor shall ensure that their employees, consultants, and subcontractors, with access to the NRCs IT equipment, complete the Information Security (INFOSEC) Awareness Training annually; no later than December 31st.

Agency/Contractor employees, consultants, and subcontractors shall complete the NRCs online, Computer Security Awareness course on the same day that they receive access to the NRCs IT equipment and/or services, as their first action using the equipment/service. For those Agency/Contractor employees, consultants, and subcontractors who are already working under an existing agreement/contract, the online training must be completed in accordance with agency Network Announcements issued throughout the year.

Agency/Contractor employees, consultants, and subcontractors who have been granted access to NRC information technology equipment and/or IT services must continue to take IT security refresher training offered online by the NRC throughout the term of the agreement/contract.

Agency/Contractor employees will receive notice of NRCs online IT security refresher training requirements through agency-wide notices.

The NRC reserves the right to deny or withdraw Agency/Contractor use or access to NRC IT equipment and/or services should the Agency/Contractor violate the Agency/Contractors responsibility under this clause.

17. Contract Security Requirements for Unescorted Access to Nuclear Power Plants If performance under this work order involves unescorted access to protected and vital areas of nuclear power plants or access to nuclear power reactor SGI, individual contractors requiring access to protected and vital areas of nuclear power plants or access to nuclear power reactor SGI shall be approved for unescorted access in accordance with the following procedures:

17.1 Temporary Approval The contractor (DOE laboratory employees and laboratory contractors) does not need a temporary approval if he or she has a valid Government clearance, for example, a DOE Q or L clearance. If the contractor employee does not have such a clearance, the contractor shall submit the information discussed below within 30 calendar days following contract award, modification, or proposal of new personnel for contract tasks. This information shall be provided for each person proposed to perform tasks requiring unescorted access to nuclear power plants or access to nuclear power reactor SGI. If access to SGI is needed, and unescorted access is not required, the provisions of 10 CFR 73.22 must be followed as a condition for access to SGI.

The information shall be provided to the NRC Division of Facilities and Security (DFS) through the NRC COR and consists of the following:

- A completed Personnel Security Forms Packet, including an SF 86, "Questionnaire for National Security Positions, and copies of the individuals 5-year employment and education history checks, including verification of the highest degree obtained

- A reference from at least one additional person not provided by the individual

- Results of a psychological evaluation (This is not a requirement of the background check that is required for access to SGI.)

- Form FD-258, ORIMDNRC000Z (Fingerprint Card)

- A certification that the contractor has found all checks acceptable The results of a psychological examination that uses a reliable written personality test or any other professionally accepted clinical evaluation procedure shall be used to evaluate a subjects trustworthiness, reliability, and stability. The contractor shall review all required information for accuracy, completeness, and legibility, except Part 2 of the SF 86, which must be completed in private and submitted, along with the Form FD-258 by the individual to the contractor in a sealed envelope, or the individual shall be fingerprinted by the subject utility, and the contractor shall be subject to the utilitys access authorization program. As described in this section, DFS shall conduct criminal history and credit checks and a security assurance interview with the individual. On the basis of the results of these checks, DFS shall determine the individuals eligibility for temporary access and indicate an objection or no objection to NRC pending completion of the required background investigation.

17.2 Final Approval Final approval shall be granted if:

- The individual has completed processing (by the Office of Personnel Management) of the required investigation resulting in NRC endorsement for unescorted access at all nuclear facilities for the life of the contract.

- The contractor has obtained unescorted access authorization (other than temporary access) at the specific utility through that utilitys access authorization program, resulting in unescorted access at a specific facility.

- The individual possesses a valid Government-issued clearance as verified by DFS.

- A valid Government-issued clearance is defined as a U.S. Government-issued security clearance equivalent to or higher than an NRC "L" clearance (i.e., Secret) based on a comparable investigation not more than 10 years old. The investigation specified in MD 11.7, Section 11.12.2 may involve an National Agency Check and Inquiries (NACI) or other investigation as deemed necessary by DFS in accordance with 10 CFR Part 10, 10 CFR 73.22, NRC MDs 12.3, NRC Personnel Security Program and 12.7 NRC Safeguards Information Security Program. Any question regarding the individuals eligibility for unescorted access to protected or vital areas of nuclear power facilities will be resolved in accordance with the provisions set forth in MD 12.3, which are incorporated into the work order by reference as though fully set forth therein. The contractor shall, for each contractor individual approved for access under the provisions of this section, submit to DFS through NRC a signed statement from the individual that he or she understands his or her responsibility to report information bearing on his or her continued eligibility for access authorization as specified in MD 12.3. Access to SGI not also involving unescorted access to protected and vital areas of nuclear power plants shall require the submission of a completed Personnel Security Forms Packet to DFS through NRC and will require a Background Check in accordance with 10 CFR Part 73.22 and MD 12.7. Any questions regarding the individuals eligibility for access to nuclear power reactor SGI shall be resolved in accordance with the provisions set forth in MD 12.7, which is incorporated into this contract by reference as though fully set forth herein. On the basis of the review of the applicants security forms by DFS and/or the receipt of adverse information by NRC, the individual may be denied access to nuclear power reactor SGI until a final determination of his or her eligibility for access is made under the provisions of MD 12.7.

17.3 Fitness for Duty Pursuant to NRC policy, all individuals proposed for work under this contract who require unescorted access to nuclear power plants shall be subject to the requirements of the licensees fitness-for-duty program (10 CFR Part 26).

17.4 Basic Exposure Control and Personnel Dosimetry Training Requirements The contractor shall certify that personnel working under the scope of this contract have completed basic exposure control and personnel dosimetry training sufficient to meet the requirements of commercial nuclear power plants for unescorted access. Site specific training obtained at each site shall still be required during the performance of work under this contract in addition to the basic training.

17.5 Subcontractor InformationSubcontracting The DOE organization shall notify the issuing NRC CO in writing reasonably in advance of entering into any major or significant technical service subcontract not contained in the original proposal. Major or significant must be used with judgment and related to the total value of the project and/or impact on the results. This advance notification shall include the following:

- A description of services to be called for by the subcontract

- Identification of the proposed subcontractor

- The proposed subcontract costs (in total)

- A signed conflict of interest statement The NRC CO may require additional specific subcontractor information or limitations. The NRC CO will issue a modification to the agreement upon approval of the subcontracting effort.

18. Information on NRC Cooperative Programs with Foreign Governments and Organizations and With U.S. Industry DOE facilities, contractors, and subcontractors working on NRC cooperative programs with foreign governments and organizations and with U.S. industry perform this work with the understanding that draft or formal reports on this work are to be available only to participants in the program until public availability is authorized by the NRC office. Reports or codes (including data) on this work shall be issued as Draft Preliminary Reports (Codes) until the office authorizes issuance of the report as a formal report with the designation NUREG/IA-XXXX for international agreement reports or NUREG/CR-XXXX for contractor reports. Details of the handling of reports may be obtained from the NRC COR.
19. Stop-Work Order The NRC CO may, at any time, by modification to the agreement to the DOE CO, require the DOE Laboratory to stop all or any part of the work called for by this work order for a period of up to 90 days after the order is delivered to the DOE Laboratory, and for any further period to which the parties may agree. Any such order will be specifically identified as a stop-work order issued pursuant to this clause. Upon receipt of such an order, the DOE Laboratory shall forthwith comply with its terms and take all reasonable steps to minimize the incurrence of cost allocable to the work covered by the order during the period of work stoppage.

Within a period of 90 days after a stop-work order is delivered to DOE or within any extension of that period to which the parties shall have agreed the office shall either:

- Cancel the stop-work order

- Terminate the work covered by this work order If a stop-work order issued under this clause is cancelled or the period of the stop-work order or any extension thereof expires, DOE will authorize its contractor to resume work. An adjustment will be made in the delivery schedule or cost, or both, and the work order must be modified in writing accordingly. If a stop-work order is not cancelled and the work covered by the order is terminated in accordance with the terms of this work order, costs resulting from the stop-work order will be allowed in arriving at the termination settlement.

20. Termination Circumstances may arise in which either NRC or DOE wishes to terminate performance of a project in whole or in part. If both parties agree, the work order may be terminated. If DOE wishes to terminate the project, it shall advise the cognizant NRC CO. If NRC wishes to terminate the project, the cognizant NRC CO will advise the cognizant DOE Site Office or the DOE Field Office and send a copy of the termination agreement to the DOE Laboratory.

Within 60 days after the effective date of the termination of the work order, the DOE Laboratory shall submit a termination settlement proposal to the cognizant NRC CO, through the cognizant DOE Site Office or the DOE Field Office. When additional time is required to compile all outstanding costs, such as subcontractor costs, the DOE Site Office or the DOE Field Office shall provide a written notification to the NRC CO that includes a proposed due date for the final settlement proposal. In the event of disagreement between the parties, the cognizant NRC CO will make the final decision. The DOE Laboratory shall not incur new obligations for the terminated portion of the project after the effective date and must cancel as many outstanding obligations as possible. NRC will allow full credit to the DOE Laboratory for obligations properly incurred by the recipient before termination.

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