Text

Contract No. 31310019C0001 - Redacted
	ML18362A081
Person / Time
Issue date:	12/27/2018
From:	Joseph Widdup; Acquisition Management Division
To:	; Project 216
References
	31310019C0001
	Download: ML18362A081 (45)
	v • d • e

1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES AWARD/CONTRACT UNDER DPAS (15 CFR 700) 1 45

2. CONTRACT (Proc. Inst. Ident.) NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

31310019C0001 01/01/2019 ADM-19-0003

5. ISSUED BY CODE NRCHQ 6. ADMINISTERED BY (If other than Item 5) CODE US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-07B20M WASHINGTON DC 20555-0001 SCD-C

7. NAME AND ADDRESS OF CONTRACTOR (No., street, country, State and ZIP Code) 8. DELIVERY FOB ORIGIN X OTHER (See below)

PROJECT 216 LLC 9. DISCOUNT FOR PROMPT PAYMENT ATTN SHARON HAMMOND 912 THAYER AVENUE 30 3RD FLOOR SILVER SPRING MD 20910

10. SUBMIT INVOICES ITEM (4 copies unless otherwise specified)

TO THE ADDRESS SHOWN IN CODE 833251254 FACILITY CODE

11. SHIP TO/MARK FOR CODE NRCHQ 12. PAYMENT WILL BE MADE BY CODE NRCPAYMENTS NUCLEAR REGULATORY COMMISSION US NUCLEAR REGULATORY COMMISSION NUCLEAR REGULATORY COMMISSION TWO WHITE FLINT NORTH WASHINGTON DC 20555-0001 11545 ROCKVILLE PIKE MAILSTOP T9-B07 ROCKVILLE MD 20852-2738

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 14. ACCOUNTING AND APPROPRIATION DATA 10 U.S.C. 2304 (c) ( ) X 41 U.S.C. 3304 (a) ( 5 ) See Schedule 15A. ITEM NO 15B. SUPPLIES/SERVICES 15C. 15D. 15E. UNIT PRICE 15F. AMOUNT QUANTITY UNIT Continued 15G. TOTAL AMOUNT OF CONTRACT $474,360.00

16. TABLE OF CONTENTS (X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 36 X B SUPPLIES OR SERVICES AND PRICES/COSTS 5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 6 X J LIST OF ATTACHMENTS 43 X D PACKAGING AND MARKING 13 PART IV - REPRESENTATIONS AND INSTRUCTIONS X E INSPECTION AND ACCEPTANCE 14 K REPRESENTATIONS, CERTIFICATIONS AND X F DELIVERIES OR PERFORMANCE 15 OTHER STATEMENTS OF OFFERORS X G CONTRACT ADMINISTRATION DATA 17 L INSTRS., CONDS., AND NOTICES TO OFFERORS X H SPECIAL CONTRACT REQUIREMENTS 18 M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 (SEALED-BID OR NEGOTIATED PROCUREMENT) OR 18 (SEALED-BID PROCUREMENT) AS APPLICABLE

17. X CONTRACTOR' S NEGOTIATED AGREEMENT (Contractor is required to sign this 18. SEALED-BID AWARD (Contractor is not required to sign this document.) Your bid on document and return copies to issuing office.) Contractor agrees to Solicitation Number ,

furnish and deliver all items or perform all the services set forth or otherwise identified including the additions or changes made by you which additions or changes are set forth above and on any continuation sheets for the consideration stated herein. The rights and in full above, is hereby accepted as to the items listed above and on any continuation obligations of the parties to this contract shall be subject to and governed by the following sheets. This award consummates the contract which consists of the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, documents: (a) the Government's solicitation and your bid, and (b) this award/contract.

representations, certifications, and specifications, as are attached or incorporated by No further contractual document is necessary. (Block 18 should be checked only when reference herein. (Attachments are listed herein.) awarding a sealed-bid contract.)

19A. NAME AND TITLE OF SIGNER (Type or print) 20A. NAME OF CONTRACTING OFFICER JOSEPH L. WIDDUP 19B. NAME OF CONTRACTOR 19C. DATE SIGNED 20B. UNITED STATES OF AMERICA 20C. DATE SIGNED BY BY 12/27/2018 (Signature of person authorized to sign) (Signature of the Contracting Officer)

STANDARD FORM 26 (Rev. 3/2013)

AUTHORIZED FOR LOCAL REPRODUCTION Prescribed by GSA - FAR (48 CFR) 53.214(a)

Previous edition is NOT usable

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 31310019C0001 2 45 NAME OF OFFEROR OR CONTRACTOR PROJECT 216 LLC ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F)

Accounting Info:

2019-X0200-FEEBASED-40-40D004-1112-51-F-191-252A-5 1-F-191-1112 Period of Performance: 01/01/2019 to 12/31/2019 00001 Base Period 234,600.00 Print Facilities Operation Services Quantity: 12; Unit: Month; Unit Price: $19,550 Line Item Ceiling: $234,600.00 Incrementally Funded Amount: $90,000.00 20001 Option Period 1 0.00 Print Facilities Operation Services Quantity: 12; Unit: Month; Unit Price: $19,980 Amount: $119,880.00(Option Line Item)

Line Item Ceiling: $119,880.00 Period of Performance: 01/01/2020 to 06/30/2020 30001 Option Period 2 0.00 Print Facilities Operation Services Quantity: 12; Unit: Month; Unit Price: $19,980 Amount: $119,880.00(Option Line Item)

Line Item Ceiling: $119,880.00 Period of Performance: 07/01/2020 to 12/31/2020 The obligated amount of award: $90,000.00. The total for this award is shown in box 15G.

AUTHORIZED FOR LOCAL REPRODUCTION OPTIONAL FORM 336 (4-86)

Reference:

WMADO Requirement Number 0353/19/0163 (End of Clause)

B.2 CONSIDERATION AND OBLIGATION-FIRM-FIXED-PRICE (a) The total amount of the Firm-Fixed-Price portion of this contract is $234,600, and this amount is incrementally funded.

(b) The amount presently obligated by the Government with respect to this contract is

$96,000.00.

(c) This is an incrementally-funded contract and FAR 52.232 Limitation of Funds applies.

(End of Clause) 1 1 Nonpersonal services contract means a contract under which the personnel rendering the services are not subject, either by the contracts terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. See FAR 37.101.

Page 5

SECTION C - Description/Specifications C.1 Title of Project Print Facilities Operation Services C.2 Background The U.S. Nuclear Regulatory Commission (NRC) requires printed documents and duplicating services from the agencys print shop in order to fulfill its mission.

The Office of Administrations (ADM) print shop provides many important and necessary documents to the Commission, the Office of the Secretary (SECY),

the Office of the Executive Director for Operations (OEDO), the Office of Public Affairs (OPA) and other program offices. These products include, but are not limited to, the Inspector General (IG) Semi-Annual Report to Congress, the Office of Management and Budget (OMB) Agency Financial Report (AFR), the Congressional Budget Justification (CBJ), support of the annual Regulatory Information Conference (RIC), NUREG publications, SECY reports, personnel training materials, brochures, Freedom of Information Act requests (FOIAs), and other high visibility special reports.

C.3 Objective The objective of this contract is to acquire printing support services from a Contractor that shall provide mission-critical documents and services in the NRC print shop.

This Contractor shall support and provide all necessary products and services needed by the agency listed in Management Directive 3.13 Reproduction and Distribution required by the Office of Administrations print shop.

The products produced in the print shop through this contract will primarily be regulatory documents, reports, and training materials for the Commission, the Office of the Secretary (SECY), the Office of the Executive Director for Operations (OEDO), Office of Public Affairs (OPA), agency program offices, and all other NRC offices.

C.4 Scope of Work/Tasks The Contractor shall maintain and operate the NRC print shop on a daily basis.

C.4.1 Tasks/Services Fulfill reproduction job requests for Agency personnel. On average, about 250,000 copies are currently made each month. The NRCs Office of Administration must meet a quarterly goal of 90% delivery of all requests on time in accordance with Table A below. At times a RUSH job must be met to meet a requestors deadline, but this schedule shall be mutually agreed upon by the requestor and the Contracting Officers Representative (COR). [NOTE: The Contractor shall use downtime/delays to clear paper jams, cut paper, clean the print shop, sweep, load paper, perform maintenance, or perform other duplicating/copying functions to support and maintain the equipment;]

Page 6

Type of Service Time Required* (work days)

Copying:

1-1000 black and white or color copies total images 1-2 1000-10,000 black and white or color copies total images 3-5 10,000 + black and white or color copies total images 6+

Jobs requiring binding, collating, folding, shrink wrapping, perforating, etc. 1-5 additional days Bindery Services:

Hole punching, plastic spiral binding, cutting, perforating, stitching, padding, lamination, folding, collating 3-7 CD-ROM Reproduction (In-House):

1-300 2-3 Distribution Services:

Requests for hard-copy inventory 1-3 Requests for documents stored electronically 1-3 Expedited Request:

Expedited requests require a signature from branch manager or above on NRC form 20. Requests do not guarantee expedited service.

Table A - Service Level Requirements (SLRs)

Failure to achieve at least a 90% on time completion in a 12 month period would be reflected schedule block in CPARS.

Meet the requestors required deadlines as identified on the NRC Form 20, Request for Printing and Copying Services,, including priority jobs, and contact the COR as soon as a possible when problems are identified with requests that do not comply with service level requirements in Table A above; Consistent failure to meet performance goals would be reflected in CPARS evaluation(s).

Contact service provider of leased equipment to arrange for repair and/or maintenance; Escort any repair technicians who are sent to repair or maintain NRC equipment; Replace, clean and maintain machines with manufacturer (currently Xerox) supplied replacement parts and/or modules; Receive work - via e-mail resource box, electronic files on optical media (CDs, DVDs, shared network folders and secure flash drive. Reproduction and print request files (comprised of both hard copy and digital files);

Review all requests to ensure all instructions and specifications are noted clearly on the NRC Form 20 before printing any request; Acknowledge receipt of each NRC Form 20 to the requestors before work begins via telephone, e-mail or in person. This step is critical for customer service and to inform NRC personnel that their request has been received; Input each NRC Form 20 into an existing Microsoft Excel job tracking system (the Contractor shall not accept or perform any work not accompanied by an NRC Form 20; Process each job in accordance with instructions written on each NRC Form 20 (providing proper handling of all original copy, CDs, flash drives and other fragile materials to prevent damage and return to requestor in same condition as received when request is completed);

Generate a report at the end of every week from data input into the job tracking system so the COR can prepare reports for senior management; Page 7

Operate all equipment in the designated facility, as required per job; Duplicate/copy, save, and archive electronic files, as requested; Collate reproduced copies as required; Scan hard copies and produce editable PDFs from scans Perform bindery functions (binding, cutting, stapling, folding, etc.) as required; Perform handwork in the form of, but not limited to:

Labeling; Folding; Paper/string/rubber banding; Counting; Stapling; Stacking; Boxing, weighing; Collation of materials, tabs, page dividers, special stock; GBC (comb) binding; 3 hole punch; Using paper cutter or hand box cutters; Immediately notify the COR of any repair and maintenance requirements causing delay (if the situation is deemed to be an emergency the Contractor shall contact the COR by phone, and will follow up by e-mail);

Keep a repair and service log of each piece of equipment in the NRC Print Shop; Prior to image processing, the Contractor shall perform a basic check (pre-flight) of the furnished media and publishing files to ensure correct output of the required reproduction image. The Contractor shall immediately report any errors, media damage, or data corruption that might interfere with proper file image processing to the requestor to comply with scheduling requirements.

C.4.2 List of Deliverables Deliverable Due Date Format Submit to Weekly job request End of Business hours e-mail of Excel file sheet indicating with every Friday COR requests were delivered late and on time.

Machine Copy Counts End of Business hours COR provided form, every Friday a scan of hand COR written sheet is fine.

Monthly Letter Status Last Friday of each Word Document COR Report (see C.6.1) month Maintain database of all Update as needed in an External hard drive COR when Page 8

NUREG publications ongoing basis requested Maintain a database of Report due at the end of Microsoft Access print requests, number each month. Database provided of copies and by COR COR requestors information, late deadlines and rush jobs.

C.4.3 Performance Standards Performance Standard Format Submit to Standard Respond to each 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months or less Phone call, e-mail request within 24 or face requestor hours of receipt conversation Maintain supply No shortage of paper, certificates, necessary supplies toner so there is always supply that will not cause delays in service Meet Agency >90% on-time deadline matrix The Contractor shall attend post-award orientation (Kickoff Meeting) convened by the Contracting Officer (CO) in accordance with FAR Subpart 42.5.

The CO, and/or COR, as appropriate, may meet periodically with the Contractor to provide feedback of the Contractor's performance. At these meetings, the CO will discuss Contractors performance and the Contractor shall apprise the Government of problems, if any, being experienced. The Contractor shall take appropriate action s to resolve outstanding issues.

The Contractor shall keep the COR fully advised of any difficulties that would affect daily operations.

The Contractor shall ensure that its personnel perform their work assignments and conduct themselves in a manner acceptable and in accordance with NRC standards, that all job requests are completed on time with very little or no supervision. In the event a work order/request cannot be completed by requested deadline, the Contractor shall send an e-mail as soon as possible to the COR explaining the reason for the delay.

The Contractor shall ensure that its assigned FTE (including backup personnel) complete all training offered by the Government for all new hardware and software installed during the term of the contract. The Contractor shall also ensure that its personnel complete all NRC mandatory training requirements in the iLearn Training System at least one week before the due date for each training requirement.

Page 9

The Contractor shall advise its personnel that the use of NRC systems and equipment is for the purpose of official business only.

In the event of insufficient materials or lack of supplies, or equipment malfunctions, due to no fault or negligence of the Contractor, the Contractor shall continue work on jobs manually, where possible.

The Contractor maintain the work space provided by the Government in a clean, orderly manner at all times during each business day. The Contractor shall keep the Print Shop facility in an orderly fashion with supplies stored in a safe manner. The Contractor shall secure supplies and equipment after regular working hours. Any losses or damage due to the Contractors negligent use of equipment or supplies shall be borne by the Contractor.

C.5 Personnel Qualification Requirements Each Contractor FTE shall possess a minimum of two (2) years experience operating the full range of equipment listed herein, for effective production that meets NRCs quality standards using existing Government-owned/leased equipment and supplies.

Each Contractor FTE shall have sufficient duplicating/copying knowledge to work the NRC Print Shops intake desk and answer technical questions from requestors.

The Contractor must provide backup personnel to fill in during times that one or both of the two assigned personnel are absent or are on leave for whatever reason. The backup personnel shall have the knowledge, skills, and abilities identified below (same as the two primary personnel), but backup personnel do not require a Q clearance (refer to section C9).

All Contractor personnel that work in the NRC Print Shop shall possess the following knowledge, skills, and abilities:

Ability to pre-flight various electronic file formats submitted by NRC program offices or NRCs graphic team, for reproduction within the in-house print shop; Ability to interface with graphic designers to resolve technical and file format issues; Knowledge of duplicating/copying in both black and full color; Ability to operate a wide range of bindery equipment identified above; Ability to clean and maintain equipment and work area, and update maintenance logs; Ability to identify equipment problems that should be immediately brought to the attention of the COR; Ability to safeguard the Governments records at all times; Knowledge of safety requirements of job and equipment, and use of chemicals consistent with guidance in NRC-provided Materials Safety Data Sheets; Ability to manage ever-changing and competing priorities and deadlines; Ability to document actions by completing production and quality logs as required; Expert knowledge of Xerox FreeFlow system or Fiery Workflow Suite, including the ability to scan stored documents for future Print-on-Demand reprints; Page 10

Ability to maintain archival files of NRC documents onto Magneto Optical Disks (MOD) or external hard drives for the purpose of Print-on-Demand and long-term document storage; Ability to physically move objects weighing up to 70 pounds and to sit or stand for long periods of time; Knowledge of various CD/DVD duplicating systems, including the ability to burn and print CD/DVD media; and Knowledge of available features of the NRC furnished equipment and electronic data submission, to provide quality work that shall be equal to or better than the original copy furnished by the requestor, ensuring that all lines, smudges, dirt marks, or anything not part of the original copy is removed.

C.6 Reporting Requirements C.6.1 Monthly Letter Status Report (MLSR)

The Contractor shall provide a Monthly Letter Status Report which consists of a technical progress report and financial status report. The report shall include contract summary information, work completed during the specified period, milestone schedule information, and any problems encountered and corrective actions taken during the reporting period.

C.7 Place of Performance The Contractor shall perform the requirements of this contract onsite at the following NRC location:

One White Flint North (OWFN) 11555 Rockville Pike Rockville, MD 20852 C.8 Recognized Holidays:

The Contractor is not required to perform services on Federal holidays. Federal holidays are listed below:

New Years Day Labor Day Martin Luther King Jr.s Birthday Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day In addition, the Contractor is not required to perform the requirements of this contract on any days that the NRC is closed due to weather, Presidential Executive Order, or other situation whereby the facilities are closed for safety and/or environmental reasons.

C.9 Hours of Operation Page 11

The Contractor shall provide onsite NRC Print Shop support from 7:15 a.m. through 5:00 p.m. Eastern Time, Monday through Friday (except Federal holidays or when the NRC is closed).

C.10 Security and Badging Requirements:

Contractor personnel performing under this contract shall obtain an NRC security clearance (Q) and badge for the life of the contract, submit to pre-employment testing for illegal drug use, and receive negative drug test results. Contractor personnel will be subject to random selection drug testing throughout the duration of the contract. The Contractor shall submit clearance forms as designated in MD 12.3 to the COR.

Contractor personnel shall dress appropriately for a professional office environment and display the NRC-issued identification badge in clear view at all time, when performing the tasks of this contract.

Contractor personnel shall present a neat appearance and be easily recognized as Contractor personnel. Contractor personnel attending meetings, answering phones, and working in other situations where their status is not obvious are required to identify themselves as such to avoid creating the impression that they are Government employees.

Contractor personnel shall not use cell phones at the work stations or for safety reasons wear headphones while operating equipment. Cell phone usage is permitted during lunch periods.

(End of Clause)

Page 12

SECTION D - Packaging and Marking D.1 BRANDING The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the Contractor must acknowledge that information in its documentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Administration, under Contract number 31310019C0001.

(End of Clause)

D.2 PACKAGING AND MARKING (a) The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination.

Containers and closures shall comply with the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

(b) On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

(c) Additional packaging and/or marking requirements are as follows: N/A.

(End of Clause)

Page 13

SECTION E - Inspection and Acceptance E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRC Contracting Officers Representative (COR) at the destination, accordance with FAR 52.247 F.o.b. Destination.

Contract Deliverables:

Deliverable Due Date Format Submit to Weekly job request End of Business hours e-mail of Excel file sheet indicating with every Friday COR requests were delivered late and on time.

Machine Copy Counts End of Business hours COR provided form, every Friday a scan of hand COR written sheet is fine.

Monthly Letter Status Last Friday of each Word Document COR Report (see C.6.1) month Maintain database of all Update as needed in an External hard drive COR when NUREG publications ongoing basis requested Maintain a database of Report due at the end of Microsoft Access print requests, number each month. Database provided of copies and by COR COR requestors information, late deadlines and rush jobs.

(End of Clause)

Page 14

SECTION F - Deliveries or Performance F.1 PERIOD OF PERFORMANCE Base Period: January 1, 2019 - December 31, 2019 Option Period 1: January 1, 2020 - June 30, 2020 Option Period 2: July 1, 2020 - December 31, 2020 (End of Clause)

F.2 52.242-15 STOP-WORK ORDER. (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-(1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-(1) The stop-work order results in an increase in the time required for, or in the Contractors cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlem (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

Page 15

F.3 52.242-17 Government Delay of Work (Apr 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1)by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2)by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed-(1) For any costs incurred more than 20days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and (2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

(End of clause)

Page 16

SECTION G - Contract Administration Data G.1 REGISTRATION IN FEDCONNECT (JULY 2014)

The Nuclear Regulatory Commission (NRC) uses Compusearch Software Systems secure and auditable two-way web portal, FedConnect, to communicate with vendors and Contractors. FedConnect provides bi-directional communication between the vendor/Contractor and the NRC throughout pre-award, award, and post-award acquisition phases. Therefore, in order to do business with the NRC, vendors and Contractors must register to use FedConnect at https://www.fedconnect.net/FedConnect. The individual registering in FedConnect must have authority to bind the vendor/Contractor. There is no charge for using FedConnect. Assistance with FedConnect is provided by Compusearch Software Systems, not the NRC. FedConnect contact and assistance information is provided on the FedConnect web site at https://www.fedconnect.net/FedConnect.

G.2 ELECTRONIC PAYMENT (DEC 2017)

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled Payment by Electronic Funds Transfer-System for Award Management.

To receive payment, the Contractor shall prepare invoices in accordance with NRCs Billing Instructions. Claims shall be submitted through the Invoice Processing Platform (IPP) (https://www.ipp.gov/). Back up documentation shall be included as required by the NRCs Billing Instructions.

(End of Clause)

Page 17

SECTION H - Special Contract Requirements H.1 REPORTING FOREIGN TRAVEL (MAY 2018)

(a) Unofficial (personal) foreign travel to certain designated countries, as described in paragraph (b) below, must be reported by NRC Contractors that have been granted any of the following security clearances:

(1) Q clearance with Sensitive Compartmented Information(SCI) access; (2) Q clearance; (3) L (H) clearance; or (4) L clearance.

See NRC Management Directive 12.3, NRC Personnel Security Program, for detailed information on each clearance level.

(b) Unofficial (personal) foreign travel to countries designated as Level 3 (Reconsider Travel) and Level 4 (Do Not Travel), by the Department of State in its travel warning system at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html must be reported to the Office of Administration, Division of Facilities and Security, Personnel Security Branch (by email to PSBReporting.Resource@nrc.gov), prior to departure or within 5 days of return. Travel to countries designated as Level 1 (Exercise Normal Precautions) and Level 2 (Exercise Increased Precautions) need not be reported.

(c) The Contractor shall ensure that its employees, subcontractor personnel, and consultants who have been granted any of the clearances listed in paragraph (a) above comply with the requirements of this clause. Failure to timely report the required information could result in disciplinary action and/or affect eligibility for a security clearance.

(d) The Contractor shall flow this clause down into all subcontracts and agreements related to this contract under which personnel with one of the security clearances identified in paragraph (a) above are performing.

H.2 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (a) All offerors will receive preaward and postaward notices in accordance with FAR 15.503.

(b) It is also brought to your attention that the Contracting Officer (CO) is the only individual who can legally obligate funds or commit the NRC to the expenditure of public funds in connection with this procurement. This means that unless provided in a contract document or specifically authorized by the Contracting Officer, NRC technical personnel may not issue contract modifications, give formal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually. Informal unauthorized commitments, which do not obligate the NRC and do not entitle the Contractor to payment, may include:

(1) Encouraging a potential Contractor to incur costs prior to receiving a contract; Page 18

(2) Requesting or requiring a Contractor to make changes under a contract without formal contract modifications; (3) Encouraging a Contractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable; and (4) Committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.

(End of Clause)

H.3 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. It is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.

(End of Clause)

H.4 GREEN PURCHASING (SEP 2015)

(a) In furtherance of the sustainable acquisition goals of Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade," products and services provided under this contract/order shall be energy efficient (EnergyStar or Federal Energy Management Program - FEMP-designated products), water efficient, biobased, environmentally preferable (excluding EPEAT-registered products), non-ozone depleting, contain recycled content, or are non- or low toxic alternatives or hazardous constituents (e.g., non-VOC paint), where such products and services meet agency performance requirements. See: Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade."

(b) The NRC and Contractor may negotiate during the contract term to permit the substitution or addition of designated recycled content products (i.e., Comprehensive Procurement Guidelines - CPG), EPEAT-registered products, EnergyStar- and FEMP designated energy efficient products and appliances, USDA designated biobased products (Biopreferred program), environmentally preferable products, WaterSense and other water efficient products, products containing non- or lower-ozone depleting substances (i.e., SNAP), and products containing non- or low-toxic or hazardous constituents (e.g., non-VOC paint), when such products and services are readily available at a competitive cost and satisfy the NRCs performance needs.

(c) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract.

(End of Clause)

Page 19

H.5 CONTRACTOR RESPONSIBILITY FOR PROTECTING PERSONALLY IDENTIFIABLE INFORMATION (PII)

In accordance with the Office of Management and Budget's guidance to Federal agencies and the Nuclear Regulatory Commission's (NRC) implementing policy and procedures, a Contractor (including subcontractors and Contractor employees), who performs work on behalf of the NRC, is responsible for protecting, from unauthorized access or disclosure, personally identifiable information (PII) that may be provided, developed, maintained, collected, used, or disseminated, whether in paper, electronic, or other format, during performance of this contract.

A Contractor who has access to NRC owned or controlled PII, whether provided to the Contractor by the NRC or developed, maintained, collected, used, or disseminated by the Contractor during the course of contract performance, must comply with the following requirements:

(1) General. In addition to implementing the specific requirements set forth in this clause, the Contractor must adhere to all other applicable NRC guidance, policy and requirements for the handling and protection of NRC owned or controlled PII. The Contractor is responsible for making sure that it has an adequate understanding of such guidance, policy and requirements.

(2) Use, Ownership, and Nondisclosure. A Contractor may use NRC owned or controlled PII solely for purposes of this contract, and may not collect or use such PII for any purpose outside the contract without the prior written approval of the NRC Contracting Officer. The Contractor must restrict access to such information to only those Contractor employees who need the information to perform work under this contract, and must ensure that each such Contractor personnel (including subcontractors' employees) signs a nondisclosure agreement, in a form suitable to the NRC Contracting Officer, prior to being granted access to the information. The NRC retains sole ownership and rights to its PII. Unless the contract states otherwise, upon completion of the contract, the Contractor must turn over all PII in its possession to the NRC, and must certify in writing that it has not retained any NRC owned or controlled PII except as otherwise authorized in writing by the NRC Contracting Officer.

(3) Security Plan. When applicable, and unless waived in writing by the NRC Contracting Officer, the Contractor must work with the NRC to develop and implement a security plan setting forth adequate procedures for the protection of NRC owned or controlled PII as well as the procedures which the Contractor must follow for notifying the NRC in the event of any security breach. The plan will be incorporated into the contract and must be implemented and followed by the Contractor once it has been approved by the NRC Contracting Officer. If the contract does not include a security plan at the time of contract award, a plan must be submitted for the approval of the NRC Contracting Officer within 30 days after contract award.

(4) Breach Notification. The Contractor must immediately notify the NRC Contracting Officer and the NRC Contracting Officers Representative (COR) upon discovery of any suspected or confirmed breach in the security of NRC owned or controlled PII.

(5) Legal Demands for Information. If a legal demand is made for NRC owned or controlled PII (such as by subpoena), the Contractor must immediately notify the NRC Contracting Officer and the NRC Contracting Officers Representative (COR). After Page 20

notification, the NRC will determine whether and to what extent to comply with the legal demand. The Contracting Officer will then notify the Contractor in writing of the determination and such notice will indicate the extent of disclosure authorized, if any.

The Contractor may only release the information specifically demanded with the written permission of the NRC Contracting Officer.

(6) Audits. The NRC may audit the Contractor's compliance with the requirements of this clause, including through the use of online compliance software.

(7) Flow-down. The prime Contractor will flow this clause down to subcontractors that would be covered by any portion of this clause, as if they were the prime Contractor.

(8) Remedies:

(a) The Contractor is responsible for implementing and maintaining adequate security controls to prevent the loss of control or unauthorized disclosure of NRC owned or controlled PII in its possession. Furthermore, the Contractor is responsible for reporting any known or suspected loss of control or unauthorized access to PII to the NRC in accordance with the provisions set forth in Article 4 above.

(b) Should the Contractor fail to meet its responsibilities under this clause, the NRC reserves the right to take appropriate steps to mitigate the Contractor's violation of this clause. This may include, at the sole discretion of the NRC, termination of the subject contract.

(9) Indemnification. Notwithstanding any other remedies available to the NRC, the Contractor will indemnify the NRC against all liability (including costs and fees) for any damages arising out of violations of this clause.

(End of Clause)

H.6 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (OCT 2014)

All contractor personnel, subcontractor employees, applicants, and consultants proposed for performance or performing under this contract shall be subject to pre-assignment, random, reasonable suspicion, and post-accident drug testing applicable to:

(1) individuals who require unescorted access to nuclear power plants, (2) individuals who have access to classified or safeguards information, (3) individuals who are required to carry firearms in performing security services for the NRC, (4) individuals who are required to operate government vehicles or transport passengers for the NRC, (5) individuals who are required to operate hazardous equipment at NRC facilities, or (6) individuals who admit to recent illegal drug use or those who are found through other means to be using drugs illegally.

The NRC Drug Program Manager will schedule the drug testing for all Contractor employees, subcontractor employees, applicants, and consultants who are subject to testing under this clause. The consequences of refusing to undergo drug testing or a refusal to cooperate in such testing, including not appearing at the scheduled appointment time, will result in the Agencys refusal of the Contractor employee to work Page 21

under any NRC contract. Any NRC Contractor employee found to be using, distributing or possessing illegal drugs, or any Contractor employee who fails to receive a verified negative drug test result under this program while in a duty status will immediately be removed from working under the NRC contract. The Contractor's employer will be notified of the denial or revocation of the individual's authorization to have access to information and ability to perform under the contract. The individual may not work on any NRC contract for a period of not less than one year from the date of the failed, positive drug test and will not be considered for reinstatement unless evidence of rehabilitation, as determined by the NRC "drug testing Contractor's" Medical Review Officer, is provided.

Contractor drug testing records are protected under the NRC Privacy Act Systems of Records, System 35, "Drug Testing Program Records - NRC" found at:

http://www.nrc.gov/reading-rm/foia/privacy-systems.html (End of Clause)

H.7 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS (SEP 2013)

Prior to occupying any Government provided space at NRC Headquarters in Rockville Maryland, the Contractor shall obtain written authorization to occupy specifically designated government space, via the NRC Contracting Officers Representative (COR),

from the Chief, Space Design Branch, Office of Administration. Failure to obtain this prior authorization can result in one, or a combination, of the following remedies as deemed appropriate by the Contracting Officer.

(1) Rental charge for the space occupied will be deducted from the invoice amount due the Contractor (2) Removal from the space occupied (3) Contract Termination (End of Clause)

H.8 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (MAY 2016)

NRC Contractors shall ensure that their employees, consultants, and subcontractors with access to the agency's information technology (IT) equipment and/or IT services complete NRC's 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 employee's regularly scheduled work day.

Contractor employees, consultants, and subcontractors shall complete the NRC's online annual, "Computer Security Awareness" course on the same day that they receive access to the agency's IT equipment and/or services, as their first action using the equipment/service. For those Contractor employees, consultants, and subcontractors who are already working under this contract, the on-line training must be completed in accordance with agency Network Announcements issued throughout the year, within three weeks of issuance of this modification.

Page 22

Additional annual required online NRC training includes but is not limited to the following:

(1) Information Security (INFOSEC) Awareness (2) Continuity of Operations (COOP) Awareness (3) Defensive Counterintelligence and Insider Threat Awareness (4) No FEAR Act (5) Personally Identifiable Information (PII) and Privacy Act Responsibilities Awareness 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 contract.

Contractor employees will receive notice of NRC's online IT security refresher training requirements through agency-wide notices.

Contractor Monthly Letter Status Reports (MLSR) must include the following information for all completed training:

(1) the name of the individual completing the course; (2) the course title; and (3) the course completion date.

The MLSR must also include the following information for those individuals who have not completed their required training:

(1) the name of the individual who has not yet completed the training; (2) the title of the course(s) which must still be completed; and (3) the anticipated course completion date(s).

The NRC reserves the right to deny or withdraw Contractor use or access to NRC IT equipment and/or services, and/or take other appropriate contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.

(End of Clause)

H.9 SECURITY REQUIREMENTS FOR ACCESS TO CLASSIFIED MATTER OR INFORMATION (SEP 2013)

Performance under this contract will require access to classified matter or information (National Security Information or Restricted Data) in accordance with the attached NRC Form 187 (See List of Attachments). Prime Contractor personnel, subcontractors or others performing work under this contract shall require a "Q" security clearance (allows access to Top Secret, Secret, and Confidential National Security Information and Restricted Data) or an "L" security clearance (allows access to Secret and Confidential National Security Information and/or Confidential Restricted Data).

Page 23

The Contractor must identify all individuals to work under this contract. The NRC sponsoring office shall make the final determination of the type of security clearance required for all individuals working under this contract.

The Contractor shall conduct a preliminary security interview or review for each of its employees, subcontractor employees and consultants, and submit to the Government only the names of candidates that have a reasonable probability of obtaining the level of security clearance for which the candidate has been proposed. The Contractor will pre-screen applicants for the following:

(a) pending criminal charges or proceedings; (b) felony arrest records including alcohol related arrest within the last seven (7) years; (c) record of any military courts-martial charges and proceedings in the last seven (7) years and courts-martial convictions in the last ten (10) years; (d )any involvement in hate crimes; (e) involvement in any group or organization that espouses extra-legal violence as a legitimate means to an end; (f) dual or multiple citizenship including the issuance of a foreign passport in the last seven (7) years; (g) illegal use possession, or distribution of narcotics or other controlled substances within the last seven (7) years; (h) financial issues regarding delinquent debts, liens, garnishments, bankruptcy and civil court actions in the last seven (7) years.

The Contractor will make a written record of their pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (h)), and have the candidate verify the record, sign and date it. Two (2) copies of the signed interview record or review will be supplied to DFS/PSB with the applicant's completed security application package.

The Contractor will further ensure that all Contractor employees, subcontractor employees and consultants for classified information access approval complete all security applications required by this clause within fourteen (14) calendar days of notification by DFS/PSB of initiation of the application process. Timely receipt of properly completed security applications (submitted for candidates that have a reasonable probability of obtaining the level of security clearance for which the candidate has been proposed) is a contract requirement. Failure of the Contractor to comply with this condition may be a basis to cancel the award, or terminate the contract for default, or offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the Contractor. In the event of termination or cancellation, the Government may select another firm for contract award.

Such Contractor personnel shall be subject to the NRC Contractor personnel security requirements of NRC Management Directive (MD) 12.3, Part I and 10 CFR Part 10.11, which is hereby incorporated by reference and made a part of this contract as though fully set forth herein, and will require a favorably adjudicated Single Scope Background Investigation (SSBI) for "Q" clearances or a favorably adjudicated Access National Agency Check and Inquiries (ANACI), or higher level investigation depending on the position the individual will occupy, for "L" clearances.

A Contractor employee shall not have access to classified information until he/ she is granted a security clearance by DFS/PSB, based on a favorably adjudicated investigation. In the event the Contractor employee's investigation cannot be favorably adjudicated, any interim access approval could possibly be revoked and the individual could be subsequently removed from performing under the contract. If interim approval access is revoked or denied, the Contractor is responsible for assigning another Page 24

individual to perform the necessary work under this contract without delay to the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. The individual will be subject to a reinvestigation every five (5) years for "Q" clearances and every ten (10) years for "L" clearances.

CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The Contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to submission to the Office of Personnel Management for investigation. The individual may start working under this contract before a final clearance is granted if a temporary access determination can be made by DFS/PSB after the review of the security package. If the individual is granted a temporary access authorization, the individual may not have access to classified information under this contract until DFS/PSB has granted them the appropriate security clearance, and the Contractor has read, understood, and signed the SF 312, "Classified Information Nondisclosure Agreement." The Contractor shall assure that all forms are accurate, complete, and legible (except for Part 2 of the questionnaire, which is required to be completed in private and submitted by the individual to the Contractor in a sealed envelope), as set forth in NRC MD 12.3. Based on DFS/PSB review of the applicant's investigation, the individual may be denied his/her security clearance in accordance with the due process procedures set forth in MD 12.3, E.O. 12968, and 10 CFR Part 10.11.

In accordance with NRCAR 2052.204-70 cleared Contractors shall be subject to the attached NRC Form 187 (See Section J for List of Attachments), MD 12.3, SF- 86 and Contractor's signed record or review of the pre-screening which furnishes the basis for providing security requirements to prime Contractors, subcontractors or others who have or may have an NRC contractual relationship which requires access to classified information.

CANCELLATION OR TERMINATION OF SECURITY CLEARANCE ACCESS/REQUEST When a request for clearance investigation is to be withdrawn or canceled, the Contractor shall immediately notify the COR by telephone so that the investigation may be promptly discontinued. The notification shall contain the full name of the individual, and the date of the request. Telephone notifications must be promptly confirmed in writing by the Contractor to the COR who will forward the confirmation via email to DFS/PSB. Additionally, DFS/PSB must be immediately notified in writing when an individual no longer requires access to Government classified information, including the voluntary or involuntary separation of employment of an individual who has been approved for or is being processed for access under the NRC "Personnel Security Program."

(End of Clause)

H.10 SAFETY OF ON-SITE CONTRACTOR PERSONNEL Ensuring the safety of occupants of Federal buildings is a responsibility shared by the professionals implementing our security and safety programs and the persons being protected. The NRC's Office of Administration (ADM) Division of Facilities and Security Page 25

(DFS) has coordinated an Occupant Emergency Plan (OEP) for NRC Headquarters buildings with local authorities. The OEP has been approved by the Montgomery County Fire and Rescue Service. It is designed to improve building occupants' chances of survival, minimize damage to property, and promptly account for building occupants when necessary.

The Contractor shall ensure that all personnel working full time on-site at NRC Headquarters read the NRC's OEP, provided electronically on the NRC Intranet at http://www.internal.nrc.gov/ADM/OEP.pdf. The Contractor also shall emphasize to each staff member that they are to be familiar with and guided by the OEP, as well as by instructions given by emergency response personnel in situations which pose an immediate health or safety threat to building occupants.

The NRC Contracting Officers Representative (COR) shall ensure that the Contractor has communicated the requirement for on-site Contractor staff to follow the guidance in the OEP. The NRC Contracting Officers Representative (COR) also will assist in accounting for on-site contract persons in the event of a major emergency (e.g.,

explosion occurs and casualties or injuries are suspected) during which a full evacuation will be required, including the assembly and accountability of occupants. The NRC DFS will conduct drills periodically to train occupants and assess these procedures.

(End of Clause)

H.11 FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OVER CONTRACTOR The National Industrial Security Program Operating Manual (NISPOM) implements the provisions of E.O. 12829, National Industrial Security Program. A company is considered to be under FOCI whenever a foreign interest has the power, direct or indirect, whether or not exercised, and whether or not exercisable through the ownership of the U.S. companys securities, by contractual arrangements or otherwise, to direct or decide matters affecting the management or operations of that company in a manner that may result in unauthorized access to classified information or may adversely affect the performance of classified information contracts. (See NRC Management Directive 12.2 - NRC Classified Information Security Program)

(a) For purposes of this clause, a foreign interest is defined as any of the following:

(1) A foreign government or foreign government agency; (2) Any form of business enterprise organized under the laws of any country other than the United States or its possessions; (3) Any form of business enterprise organized or incorporated under the laws of the U.S., or a State or other jurisdiction within the U.S., which is owned, controlled, or influenced by a foreign government, agency, firm, corporation or person; or (4) Any person who is not a U.S. citizen.

(b) A U.S. company determined to be under FOCI is not eligible for facility clearance (FCL). If a company already has an FCL, the FCL shall be suspended or revoked unless security measures are taken to remove the possibility of unauthorized access to classified information.

Page 26

(c) For purposes of this clause, subcontractor means any subcontractor at any tier and the term "Contracting Officer" shall mean NRC Contracting Officer. When this clause is included in a subcontract, the term "contractor" shall mean subcontractor and the term "contract" shall mean subcontract.

(d) The Contractor shall complete and submit and SF-328, DD-441 and DD-441-1 forms, prior to contract award. The information contained in these forms may be used in making a determination as to whether a Contractor is eligible to participate in the National Industrial Security Program and have a facility security clearance.

(e) The Contractor shall immediately provide the Contracting Officer written notice of any changes in the extent and nature of FOCI over the Contractor which would affect the answers to the questions presented in SF-328, "Certificate Pertaining to Foreign Interest". Further, notice of changes in ownership or control which are required to be reported to the Securities and Exchange Commission, the Federal Trade Commission, or the Department of Justice shall also be furnished concurrently to the Contracting Officer.

(f) In those cases where a Contractor has changes involving FOCI, the NRC must determine whether the changes will pose an undue risk to the common defense and security. In making this determination, the Contracting Officer shall consider proposals made by the Contractor to avoid or mitigate foreign influences.

(g) The Contractor agrees to insert terms that conform substantially to the language of this clause including this paragraph (g) in all subcontracts under this contract that will require access to classified information and shall require such subcontractors to submit completed SF-328, DD-441 and DD-441-1 forms prior to award of a subcontract.

Information to be provided by a subcontractor pursuant to this clause may be submitted directly to the Contracting Officer.

(h) Information submitted by the Contractor or any affected subcontractor as required pursuant to this clause shall be treated by NRC to the extent permitted by law, as business or financial information submitted in confidence to be used solely for purposes of evaluating FOCI.

(i) The requirements of this clause are in addition to the requirement that a Contractor obtain and retain the security clearances required by the contract. This clause shall not operate as a limitation on NRC's rights, including its rights to terminate this contract.

(j) The Contracting Officer may terminate this contract for default either if the Contractor fails to meet obligations imposed by this clause, e.g., provide the information required by this clause, comply with the Contracting Officer's instructions about safeguarding classified information, or make this clause applicable to subcontractors, or if, in the Contracting Officer's judgment, the Contractor creates a FOCI situation in order to avoid performance or a termination for default. The Contracting Officer may terminate this contract for convenience if the Contractor becomes subject to FOCI and for reasons other than avoidance of performance of the contract, cannot, or chooses not to, avoid or mitigate the FOCI problem.

(End of Clause)

Page 27

H.12 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE In accordance with Appendix III, "Security of Federal Automated Information Resources," to Office of Management and Budget (OMB) Circular A-130, "Management of Federal Information Resources," NRC has established rules of behavior for individual users who access all IT computing resources maintained and operated by the NRC or on behalf of the NRC. In response to the direction from OMB, NRC has issued the "Agency-wide Rules of Behavior for Authorized Computer Use" policy, hereafter referred to as the rules of behavior. The rules of behavior for authorized computer use will be provided to NRC computer users, including Contractor personnel, as part of the annual computer security awareness course.

The rules of behavior apply to all NRC employees, Contractors, vendors, and agents (users) who have access to any system operated by the NRC or by a Contractor or outside entity on behalf of the NRC. This policy does not apply to licensees. The next revision of Management Directive 12.5, "NRC Automated Information Security Program,"

will include this policy. The rules of behavior can be viewed at http://www.internal.nrc.gov/CSO/documents/ROB.pdf or use NRCs external Web-based ADAMS at http://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box).

The rules of behavior are effective immediately upon acknowledgement of them by the person who is informed of the requirements contained in those rules of behavior. All current Contractor users are required to review and acknowledge the rules of behavior as part of the annual computer security awareness course completion. All new NRC Contractor personnel will be required to acknowledge the rules of behavior within one week of commencing work under this contract and then acknowledge as current users thereafter. The acknowledgement statement can be viewed at http://www.internal.nrc.gov/CSO/documents/ROB_Ack.pdf or use NRCs external Web-based ADAMS at http://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box).

The NRC Office of the Chief Information Officer will review and update the rules of behavior annually beginning in FY 2011 by December 31 of each year. The Contractor shall ensure that its personnel to which this requirement applies acknowledge the rules of behavior before beginning contract performance and, if the period of performance for the contract lasts more than one year, annually thereafter. Training on the meaning and purpose of the rules of behavior can be provided for Contractors upon written request to the NRC Contracting Officers Representative (COR).

The Contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order if such subcontracts/agreements will authorize access to NRC electronic and information technology (EIT) as that term is defined in FAR 2.101.

(End of Clause)

Page 28

H.13 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of Contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information,"

normally at or near the time the Contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared. Final evaluations of Contractor performance will be prepared at the expiration of the contract during the contract closeout process.

The Contracting Officer will transmit the NRC Contracting Officers Representatives (COR) annual and final Contractor performance evaluations to the Contractor, unless otherwise instructed by the Contractor. The Contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.

Where a Contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.

The completed evaluation report may also be used as a tool to improve communications between the NRC and the Contractor and to improve contract performance.

The completed annual performance evaluation may will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the Contractor under evaluation if the Contractor does not have a copy of the report already.

(End of Clause)

H.14 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY (a) The NRC will provide the Contractor with the following items for use under this contract:

1. Workstations, Quantity 2

2. Desktop Computer, Quantity 2

3. Telephone, Quantity 2

4. Xerox Nuvera 144 Black and White Digital Press

5. Xerox 1000i Color Digital Press with Saddle Stitch finishing system

6. Xerox D125 Black and White (B/W) Digital Press

7. Xerox 1000 Color Digital Press with signature book maker and clear coating system

8. Xerox 6279 Wide Format Printer/Scanner Page 29

9. 3 Freeflow Make-ready Scanner

10. Xerox J75 Color Digital Press with Finishing System attachment

11. Xerox Freeflow System with Magneto Optical Drive Storage system

12. Various small binding equipment including but not limited to, cutters, drills, laminators, GBC binders, staplers, punch machines, shrink packaging systems, shedders, and laminators

13. Microboards PF Pro CD inkjet Labeler

14. All Pro Solutions CD/DVD Burner NRC reserves the right to change the list of government furnished equipment above as an agency operational needs change Include an asterisk (*) if the item also applies to paragraph (b) below.

(b) Only the equipment/property listed above in the quantities shown will be provided by the Government. The Contractor shall be responsible and accountable for all Government property provided under this contract and shall comply with the provisions of the FAR Government Property Clause under this contract and FAR Subpart 45.5, as in effect on the date of this contract. The Contractor shall investigate and provide written notification to the NRC Contracting Officer (CO) and the NRC Division of Facilities and Security, Physical Security Branch of all cases of loss, damage, or destruction of Government property in its possession or control not later than 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months after discovery.

The Contractor must report stolen Government property to the local police and a copy of the police report must be provided to the CO and to the Division of Facilities and Security, Office of Administration.

(d) All other equipment/property required in performance of the contract shall be furnished by the Contractor.

(End of Clause)

H.15 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL (JUL 2016)

Basic Contract IT Security Requirements The Contractor agrees to insert terms that conform substantially to the language of the IT security requirements, excluding any reference to the Changes clause of this contract, into all subcontracts under this contract.

For unclassified information used for the effort, the Contractor shall provide an information security categorization document indicating the sensitivity of the information processed as part of this contract if the information security categorization was not provided in the statement of work. The determination shall be made using National Institute of Standards and Technology (NIST) Special Publication (SP) 800-60 and must be approved by the Office of the Chief Information Officer (OCIO). The NRC Contracting Officer (CO) and Contracting Officers Representative (COR) shall be notified Page 30

immediately before the Contractor begins to process information at a higher sensitivity level.

If the effort includes use or processing of classified information, the NRC CO and COR shall be notified before the Contractor begins to process information at a more restrictive classification level.

All work under this contract shall comply with the latest version of policy, procedures and standards. Individual task orders will reference latest versions of standards or exceptions as necessary. These policy, procedures and standards include: NRC Management Directive (MD) volume 12, Security; Computer Security Office policies, procedures and standards; National Institute of Standards and Technology (NIST) guidance and Federal Information Processing Standards (FIPS); and Committee on National Security Systems (CNSS) policy, directives, instructions, and guidance. This information is available at the following links:

NRC Policies, Procedures and Standards (OCIO/ISD - Director, Information Security Directorate, internal website):

http://www.internal.nrc.gov/CSO/policies.html All NRC Management Directives (public website):

http://www.nrc.gov/reading-rm/doc-collections/management-directives/

NIST SP and FIPS documentation is located at:

http://csrc.nist.gov/

CNSS documents are located at:

http://www.cnss.gov/

When e-mail is used, the Contractors shall only use NRC provided e-mail accounts to send and receive sensitive information (information that is not releasable to the public) or mechanisms to protect the information during transmission to NRC that have been approved by OCIO/ISD.

All Contractor employees must sign the NRC Agency-Wide Rules of Behavior for Authorized Computer Use prior to being granted access to NRC computing resources.

The Contractor shall adhere to following NRC policies, including but not limited to:

Must meet all federally mandated and NRC defined cybersecurity requirements.

Management Directive 12.5, NRC Cybersecurity Program

Computer Security Policy for Encryption of Sensitive Data When Outside of Agency Facilities

Policy for Copying, Scanning, Printing, and Faxing SGI & Classified Information

Computer Security Information Protection Policy Page 31

Remote Access Policy

Laptop Security Policy

Computer Security Incident Response Policy Contractor will adhere to NRCs use of personal devices to process and store NRC sensitive information. The NRCs BYOD program allows NRC employees and Contractors to conduct official government business using supported personal smart phones and tablets.

All work performed at non-NRC facilities shall be in facilities, networks, and computers that have been accredited by NRC for processing information at the sensitivity level of the information being processed.

Contract Performance and Closeout The Contractor shall ensure that the NRC data processed during the performance of this contract shall be purged from all data storage components of the Contractors computer facility, and the Contractor will retain no NRC data within 30 calendar days after contract is completed. Until all data is purged, the Contractor shall ensure that any NRC data remaining in any storage component will be protected to prevent unauthorized disclosure.

When a Contractor employee no longer requires access to an NRC system, the Contractor shall notify the COR within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months .

Upon contract completion, the Contractor shall provide a status list of all Contractor employees who were users of NRC systems and shall note if any users still require access to the system to perform work if a follow-on contract or task order has been issued by NRC.

Control of Information and Data The Contractor shall not publish or disclose in any manner, without the COs written consent, the details of any security controls or countermeasures either designed or developed by the Contractor under this contract or otherwise provided by the NRC.

Any IT system used to process NRC sensitive information shall:

Include a mechanism to require users to uniquely identify themselves to the system before beginning to perform any other actions that the system is expected to provide.

Be able to authenticate data that includes information for verifying the claimed identity of individual users (e.g., passwords).

Protect authentication data so that it cannot be accessed by any unauthorized user.

Be able to enforce individual accountability by providing the capability to uniquely identify each individual computer system user.

Report to appropriate security personnel when attempts are made to guess the authentication data whether inadvertently or deliberately.

Page 32

Access Controls Any Contractor system being used to process NRC data shall be able to define and enforce access privileges for individual users. The discretionary access controls mechanisms shall be configurable to protect objects (e.g., files, folders) from unauthorized access.

The Contractor system being used to process NRC data shall provide only essential capabilities and specifically prohibit and/or restrict the use of functions, ports, protocols, and/or services, as specified in the contract/grant.

The Contractors shall only use NRC approved methods to send and receive information considered sensitive or classified. Specifically,

Classified Information - All NRC Classified data being transmitted over a network shall use NSA approved encryption and adhere to guidance in MD 12.2, NRC Classified Information Security Program; MD 12.5, NRC Cybersecurity Program; and any classified encryption guidance provided by the Committee on National Security Systems.

Classified processing shall be only within facilities, computers, and spaces that have been specifically approved for classified processing. All NRC personnel who have been or will be granted an account to access any system or network (to include a stand-alone system or network) on which classified information resides must be an NRC authorized classifier. Contractors must follow the above guidance and procedures when requiring access to or handling classified information. Only designated and authorized classifiers of the Contractor may have access to classified information or systems.

SGI Information - All SGI being transmitted over a network shall adhere to guidance in MD 12.7, NRC Safeguards Information Security Program; and MD 12.5, NRC Cybersecurity Program. SGI processing shall be only within facilities, computers, and spaces that have been specifically approved for SGI processing. Cryptographic modules provided as part of the system shall be validated under the Cryptographic Module Validation Program to conform to NIST FIPS 140-2 overall level 2 and must be operated in FIPS mode. The Contractor shall provide the FIPS 140-2 cryptographic module certificate number and a brief description of the encryption module that includes the encryption algorithm(s) used, the key length, and the vendor of the product.

All NRC personnel who have been or will be granted an account to access any system or network (to include a stand-alone system or network) on which SGI resides must be an NRC authorized classifier.

The most restrictive set of rights/privileges or accesses needed by users (or processes acting on behalf of users) for the performance of specified tasks must be enforced by the system through assigned access authorizations.

Separation of duties for Contractor systems used to process NRC information must be enforced by the system through assigned access authorizations.

The mechanisms within the Contractor system or application that enforces access control and other security features shall be continuously protected against tampering and/or unauthorized changes.

Configuration Standards Page 33

All systems used to process NRC sensitive information shall meet NRC configuration standards available at: http://www.internal.nrc.gov/CSO/standards.html.

Information Security Training and Awareness Training Contractors shall ensure that their employees, consultants, and subcontractors that have significant IT responsibilities (e.g., IT administrators, developers, project leads) receive in-depth IT security training in their area of responsibility. This training is at the employers expense.

In compliance with OMB policy, individuals with significant cybersecurity responsibilities (e.g., ISSOs, System Administrators) must complete required role-based training before assuming the role. NRC Contractors must ensure that their staff receives the requisite role-based cybersecurity training at the Contractors expense.

Media Handling All media used by the Contractor to store or process NRC information shall be controlled in accordance with the sensitivity level.

The Contractor shall not perform sanitization or destruction of media approved for processing NRC information designated as SGI or Classified. The Contractor must provide the media to NRC for destruction.

Vulnerability Management The Contractor must adhere to NRC patch management processes for all systems used to process NRC information. Patch Management reports will made available to the NRC upon request for following security categorizations and reporting timeframes:

5 calendar days after being requested for a high sensitivity system

10 calendar days after being requested for a moderate sensitivity system

15 calendar days after being requested for a low sensitivity system For any Contractor system used to process NRC information, the Contractor must ensure that information loaded into the system is scanned for viruses prior to posting; servers are scanned for malware, including viruses, adware, and spyware, on a regular basis; and virus signatures are updated at the following frequency:

1 calendar day for a high sensitivity system

3 calendar days for a moderate sensitivity system

7 calendar days for a low sensitivity system For any Contractor deliverables or information loaded on external hard drives or other electronic devices, the Contractor must ensure that, prior to delivery to the NRC, the device, including software and files, is free of malware, including computer viruses, worms, trojan horses, ransomware, spyware, adware, scareware, browser hijacking software, mobile code, or other malicious code.

Page 34

(End of Clause)

H.16 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS - SERVICE CONTRACT ACT Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the minimum allowable monetary wage and fringe benefits prescribed under the U.S. Department of Labor Wage Determination attached to the contract.

(End of Clause)

Page 35

SECTION I - Contract Clauses I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:

http://www.acquisition.gov/far https://www.nrc.gov/about-nrc/contracting/48cfr-ch20.html (End of clause) 52.202-1 DEFINITIONS. (NOV 2013) 52.203-3 GRATUITIES. (APR 1984) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT.

(SEP 2006) 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (OCT 2010) 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST. (DEC 2011) 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014) 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS. (JAN 2017) 52.204-2 SECURITY REQUIREMENTS. (AUG 1996) 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER. (MAY 2011) 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL.

(JAN 2011) 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS. (OCT 2018) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014)

Page 36

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES. (JUL 2018) 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (OCT 2015) 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015) 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (OCT 2009) 52.219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 2017) 52.222-3 CONVICT LABOR. (JUN 2003) 52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS. (MAY 2014) 52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015) 52.222-26 EQUAL OPPORTUNITY. (SEP 2016) 52.222-37 EMPLOYMENT REPORTS ON VETERANS. (FEB 2016) 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT. (DEC 2010) 52.222-41 SERVICE CONTRACT LABOR STANDARDS. (AUG 2018) 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS).

(AUG 2018) 52.222-50 COMBATING TRAFFICKING IN PERSONS. (MAR 2015) 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015) 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658. (DEC 2015) 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706. (JAN 2017) 52.223-6 DRUG-FREE WORKPLACE. (MAY 2001) 52.223-10 WASTE REDUCTION PROGRAM. (MAY 2011) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. (AUG 2011) 52.224-1 PRIVACY ACT NOTIFICATION. (APR 1984) 52.224-2 PRIVACY ACT. (APR 1984) 52.224-3 PRIVACY TRAINING. (JAN 2017) - ALTERNATE I (JAN 2017)

Page 37

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008) 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT. (OCT 2018) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (DEC 2013) 52.233-3 PROTEST AFTER AWARD. (AUG 1996) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (APR 1984) 52.242-13 BANKRUPTCY. (JUL 1995) 52.245-1 GOVERNMENT PROPERTY. (JAN 2017) 52.245-9 USE AND CHARGES. (APR 2012) 2052.204-70 SECURITY. (OCT 1999) 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993) 2052.215-73 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (OCT 1999) 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE. (JAN 1993)

I.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at any time before contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at any time prior to contract expiration. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years.

(End of clause)

I.3 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS. (JAN 2017)

The Small Business Administration (SBA) agrees to the following:

Page 38

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Except for novation agreements, delegates to the NRC the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the [insert name of contracting agency]

shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the NRC.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the Disputes clause of said subcontract.

(f) To notify the NRC Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(End of clause)

I.4 52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS. (JAN 2017)

(a) The Small Business Administration (SBA) has entered into Contract No.

31310019C0001 with the NRC to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) Project 216 LLC, hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. 31310019C0001 for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the NRC with complete authority to take any action on behalf of the Government under the conditions of this subcontract.

Page 39

(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the NRC.

(4) That it will notify the NRC Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the NRC.

(End of clause)

I.5 RESERVED I.6 52.219-17 SECTION 8(A) AWARD. (JAN 2017)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements, delegates to the NRC the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the NRC Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the NRC.

Page 40

(End of clause)

I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION.

(JUL 2013)

(a) Definitions. As used in this clause-Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.

In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this Page 41

contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [insert NAICS Code] assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

I.8 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (OCT 2015)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran,"

and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may Page 42

be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

I.9 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S.

Department of Labor, to enforce the terms, including action for noncompliance.

Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

I.10 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES. (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It Is Not A Wage Determination Employee class Monetary wage - Fringe benefits 01090 - Duplicating Machine Operator $16.90 w/ $4.27 H&W (End of clause)

I.11 RESERVED I.12 2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993)

During the life of this contract, the rights of ingress and egress for Contractor personnel must be made available as required. In this regard, all Contractor personnel whose duties under this contract require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the Government. The Project Officer shall assist the Contractor in obtaining the badges for Contractor personnel. It is the sole responsibility of the Contractor to ensure that each employee has proper identification at all times. All Page 43

prescribed identification must be immediately delivered to the Security Office for cancellation or disposition upon the termination of employment of any Contractor personnel. Contractor personnel shall have this identification in their possession during on-site performance under this contract. It is the Contractor's duty to assure that Contractor personnel enter only those work areas necessary for performance of contract work and to assure the safeguarding of any Government records or data that Contractor personnel may come into contact with.

(End of Clause)

I.13 CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY (a) The Contracting Officer's Representative, hereinafter referred to as the COR, for this contract is:

Name:

Address:

Telephone Number:

(b) The COR shall:

(1) Monitor Contractor performance and recommend changes in requirements to the Contracting Officer.

(2) Inspect and accept products/services provided under the contract.

(3) Review all Contractor invoices/vouchers requesting payment for products/services provided under the contract and make recommendations for approval, disapproval, or suspension.

(c) The COR may not make changes to the express terms and conditions of this contract.

(End of Clause)

Page 44

SECTION J - List of Documents, Exhibits and Other Attachments Attachment Title Date Number MD3.13 NRC Management Directive -

1 12/11/2018 Reproduction and Distribution NRC 20 Request for Printing and Copying 2 12/11/2018 Services WD 15-4269 (Rev.-7) Register of Wage 3 12/11/2018 Determination Billing Instructions for Fixed-Price Type 4 12/11/2018 Contracts (JULY 2017)

Page 45

ML18362A081

Text

Reference:

Navigation menu

Search