ML19053A687

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NRC-2018-000460 - Resp 1 - Final, Agency Records Subject to the Request Are Enclose
ML19053A687
Person / Time
Issue date: 02/15/2019
From:
NRC/OCIO
To:
References
FOIA, NRC-2018-000460
Download: ML19053A687 (58)


Text

SOLICITATION, OFFER AND AWARD r THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) ~,RATING rAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. lYPE OF SOLICITATION 1 I 39
5. DATE ISSUED 6. REQUISITTON/PURCHASE NUMBER NRC-HQ- 84-17-E-0 001/ NRC-HQ-84-17-R-0015 0 SEALED BID (IFB) 09/05/201 7 :>CHC0-17-0094 MEDCOR#0474/17/704285 Ii) NEGOTIATED (RFP)
7. ISSUEDBY CODE INRCHQ ~- ADDRESS OFFER TO llf olherthan Item 7)

US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-8E06M WASHINGTON DC 20555-000 1 .

NOTE: ln-1ad bid aollcllalioris "<>ffor" 2nd "alfm>f" maan "bld" and "bidder".

SOLICITATION

9. Sealed oflars In orlgilal and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.copies lor furnishing lhe supplies OT sel\'ice,,

in Ille Sdtodae .;ii be reoeved at the place specified In Item B. or ff hand carried. In !he deposl!Ol)' located in uni.ii - - - - - - - - local lime CAUTION* l:ATE SillJmlssi<ms, M - and Witlldrawals; Se* Seetion L Provision No 52.214-7 or (Hou,} (Date) 52 215-1 AU offera are subjsd lnalHems a1ldcondil!ons containad In this solldlalion.

!II-NAME

10. FOR" INFORMATION CAU! ~ ~EOFFREY COLEMAN AREACODE 301 I

B. TELEPHONE (NO COLLECT CAUS)

NUMBER 415-5517

,EXT.

C. E-MAILADDRESS Geoffrey.Co leman@nrc. gov

11. TABLE OF CONTENTS (X) SEC. DESCRIPTION PAGE(S) (XJ sec. DESCRIPTION
  • PAGE(S)

PART I

  • THE SCHEOlltlE PART II* CONTRACT CLAUSES Ill! A SOI.ICITA ~FORM 1 Ill! I CON"IRACTC!AUSE.s 29 llll B SUl'Pl!ES OR SERVICES AND PRICES/COSTS 3 PART Ill* LIST ~F DOCUMl:~S..EXHIBITSAND OTHER ATTACH.

llll C O!:SCRJPTIONISl'ECS.IWORK STATEMENT 5 D J UST OF ATTACHMENTS llll D PACIIAGINGAND MARIONG 22 PART IV* RfPRESEl\l1ATIONSAll!D INSTRUCTIONS IE E INSPECTION ANIIACCEPrANCE 23 D K REPRESENTATIONS, CERTIFICATIONSAND

~ F DELIVERll:S OR PERFOvlMANCE 24 OTHER STATElCElllfTS OF OFFERORS

.IE G c:oNTRACTADMINJSTRA~lllATA 25 D L INS7RS., CO!WS. AND NOTICES TO Oi'FERORS IE H SPECW. COHTRAC7REOUIREMEN!S 26 D M EI/AI.UATION_IFACTORSFORAWAAD OFFER (Must be fully completed by offeror}

NOTE: ~m 12 do,... n<>ll*P#Ylf lbe~ irn:ludos the p,DYislons of 52.214*16. Minimum Bid Accept*nce Period.

12. lri compf,ance v.ilh !he above, !he mde,sigr.ed agrees, Hthis offer Is accepled wHhln _ - - - - -

calendar days (60 calemla, days unie... a cffrere,;11:perio<l ls inserted by Iha offeror)from <ii<! dale fm rea>ipl ol clfe,s ~ o d above, lo furnish any or el! lloms upon which prices are o!Temd at Ille price s81 opposite eacil l:em, ooiivamd at !he deslgna!ed po.-n!{s). ,.;,,;,, tlJe lme ~ in 1he schedule.

13. DISCOUNT FOR PROMPTPAYIIIEHi (See Sec/ic,n I. Clause No. 52.232.e)

~

10 CALENDAR DAYS(%) 120 CALENDAR DAYS ('Yo) 130 CAI.ENDAR DAYS ('!I) I CALENDAR DAYS(%)

14. ACKNOWLEDGEMENT OF AMENDMENiS AMENDMENT NO. DATE M'.l:NDMENT NO. DATE (The a!fof1Jl ~ rva,ip/af ameodmenls ta/lHJ SOUC/TATION (oro!letr,r.;

and rolaloddocuman!s 11U111bemdar.tf tlalrdj:

15A.NAME AND ADDRESS COOE I I FACILITY I ~6. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type ar prinlJ OF ~ee Schedule OFFEROR Lisa L Bisese, President AREACODE 158. TELEPHONE NUMBER rUMllER rXT. 0 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE* ENTER.

17. SIGNAWRE LisaL ~,,.Sl;r.idty.UUiLB i~

~0/il ... 1.ru.1. ~ c .. uso .. so-"tl~,,

rs. OFFER DATE SUCH ADDRESS IN SCHEDULE. Bisese h1&:1tt, lr-,: OU* Plt:S!!!m:

...-Diite:2011.c9so11::e.3B-04W 9/29/2017 AWARD (To be completed bygovemmenl}

19. ACCEPTED AS TO ITEMS NUMBERED 120. AMOUNT . 21. ACCDUNTINGANDAPAAOP.RIATJON

$1,000,00 0.00 See schedule

22. AUTHORITY FOR USIN_G 01HER TI1AN FULL AND OPEN COMPETITION:
23. SUBMIT INVOICES iO ADDRESS """"" IN D 10 u.s.c. 2304 (cl< l IBJ 41 U.S.C. 253 {c)< 5 J (4 cap/cs unless olllcn>'5C sp,,c/(ied) ~,ITEM
24. ADMINISTERED BY (If oth<J,than /lom 7)

CODE INRCHO 25. PAYMENT WILL BE MADE BY CODE

~RCPAYMENTS See Schedule G ee Schedule G

26. NAME OF CONTRACTING OFFICER /T.1?' or print}
27. UNITED STA1ES OF AMERICA 28. AWARD DATE SHARLENE M. MCCUBBIN (S/gna1Uf1> DI Coolmoting Off,oor)

IMPORTANT. Award IMil be made on 1h15 Form. orcn Standard Form 26, or by olhor authonzcd official Wtitten notice.

ADTflOFilmi FOR l.ocAl. REPRObUcTlciN Previous ediOOn Is cnusabltil STANDARD FORM 33 (Rev. 9-971 Presaibed by GSA

  • FAR (48 CFR) 53.214(c)

PAGE OF REFERENCE NO. OF DOCiJMi:'lilt BEING CONTINUED CONTINUATION SHEET NRC-HQ-:-84.,-17-E-000l./MEDCOR#0474/17/704285 39

  • 2 NAM'E OF QFi=EROR OR CONTRACTOR See Schedule ITEMNO., SUPPLIES/SERVICES <ll.JANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F)

SMALL BUSINESS ADMINISTRATION 127614316 STREET LEGAL INDUSTRIES INC ATTN PAT BISESE 102 JEFFERSON CT STE A OAK RIDGE TN 378304821 865-483-6373 IGF: :CT:: IGF The objective of the contract is to acquire through task orders for the Root cause/Incide nt Investigation Workshop.

Award is in accordance with revised proposal received on 09/28/2017.

Period of Performance: 10/01/2017 to 10/01/2022 00001 G-205, Root Cause/Inciden t Investigation Works_hof using new GC 1208. APP OCHC0-17-0007 was submitted for this procurement. SSG paper approv:ed.

Obligated Amount: $0.00 The obligated amount of award: $0.00 .. The total for- this award is shown in bo:ic 20.

OPTIONA1. FORM 336 (4-86)

NSN 7540-01-152-8067 Sponsored by GSA FAR (48 CFRJ53.110

NRC-HQ-84-17-A-0001 SECTION 8

  • SUPPLIES OR SERVICES/PRICES 8.1 BRIEF PROJECT TITLE AND WQRK DESCRIPTION (AUG*

2011)

(a) 1he tiDe of this project is:. R:lot Cause/Incident Investigation Worksh op (~205)

(b) Smmr y work description:

1he contr~ctor wl pro\ridecurrent,s~te-of-the-a1 R:Jot. Cause/lncid~n t Investigation training, using pro.en mehxts, t6 ensure selected U.S. N..iclear ~ b y Cormissioo (NRC),

Agreement Sise or cAher Federal agency staff fJEITbers -possess ttie knoMedge and ability to ~ffectiv ely and efficiently perform root cause lmestigations.

8.2 CONT RACT TYPE (a) This is an indefinite-delivery, indefinite-quantity (IDIQ) contract for the suppli~ and _services specified in the pricing schedule, and effective for the perio d'~, in the Schedule. Task orders may .be. ~~r~. on a firm-fbed-price,*or 'cost reimbursement basis. The maximum value for IDIQ'contract is .lmQ. this (b) 1he n,in_imum ord.er value for this IDIQ cc;mtrc1ct will be equal to the total order value. of one ( 1) course offering. .

(c) Tue Government may order supplies or services specified in the Schedu le

~a the issuance of a task order and the Contractor shall furnish them vmen ordered. Defivery *or performance shall be at loc~tions desig ~d in or~*is sued inaccordance~tn-the or~ering clause_ and the Schedu le.

(d) Except for any fimitations on quantities in the Order Limitations clause, there is no limit on *the number of orders that may be issued.

(e) Any order .issued durjng the eff09tive period ~ this contract and not col1')1eted .within that time shall be completed by the Contractor within the time specified in the order. The contract shaD gowrn the Contractor's and G9vemmenrs rights and obligations with respect to that order to the same extent as if the order were completed during the contracfs effectiw period.

8.3 PRICE/COST SCHEDULE YEAR ONE CLIN#.

DESCRIPTION UNITPRICE .UNIT QTY TOTAL PRICE CXX>1 . Update/Revise Course Materials for Students &

Instructors l<b)(4)

I JCB l<b){4)

I $68,831.21 Present G-205 Training CXX>2 Co~.irse . l<b)(4)

I EACH l<b){4)

I $109,963.00

  • STANDARD LINE ITEM TOT.AL $178;794.21 3

NRC-HQ-84-17-A-0001 ESCRIPTION UNIT PRICE OTALPRICE 84,330.49 ijNIT PRICE OTAL PRICE resent G-205 Training 87,703.71 urse 83,703.71 ESCRIPTION UNIT PRJCE OTAL PRICE (b)(4)

STANDARD LINE ITEM TOT.

OTAL PRICE resent G-205 Training 95,n2.45 urse STANDARD LINE ITEM TOT OPTIONAL COURSE DEVELOPMENT

!UNIT PRICE UNIT !QTY l"QTAL PRICE CUN# DESCRIPTION Hour i(b)(4) $214,651.59 5Q01 Specialized Course l(b)(4) I Development I I

$214,651.59 STANDARD LINE ITEM TOTAL UNIT PRICE OTAL PRICE her Direct Cost {Travel, 175,000.00

. c **. ) . ..,.__ _ __.

175,000.00 Regulatio ns (FTR) for

    • The governme nt will pay up to the rates specified in the Governm ent Federal Travel In advance by the NRC Contracti ng Officer's Represen tative travel destination. All travelnus t be approved expenses that nuy be (NRC COR). Hotel reservatio ns,estima ted cost for travel, rental car and any other be reimburse d for actual incurred in connectio n with the tasks shall be made by the contracto r, and will invoice. NO PAYMENT WU.

allowable costs, with back-up documen tation/rec eipts attached to the subnitted BE MADE WITHOUT BACKUP DOCUME NT AJ'ION/RE CEIPTS.

4

. NRC-HQ-84-17-A-0001 SECTION C - Descriptlonispecific;ttions STATEMENT OF WORK (SOW)

C.1. BACKGRO.N) 1he US r\RC licenses and i~pe cts reactor and compliance YAth applicable regulations, codes non-reactor facilities and nuclear material users and standards and to identify conditions which to ensure impact the healh . and safety of facility V10rkers, rray ad\ersely f,he public and the erMraiment The scope of f\RCs responsibifity enccll1lJ8SSes research), Radioactive Waste, Transportation t\kJclear Reactors,* f\tJclear Materials (medical, industrial and of R:idioaclive Material, Safeguards and Secu rity.

Within the area of nuclear reactors, the funda mental building blocks that form the frameoor oversight process EJre ~ r\RC Corllt3rstones k for the regulatory http://www.nrc.gov/NRR/OVERSIGKT/ASSESS/NR safety (see of

  • principle 1hat the agency's mission of protecting C CCRlefstone.html). l1is framework is base d on. 1he
  • public heallh *and safety is met v.tien the agen assurance that licensees are meeting the. objec cy has reasonable tives of the S8\el'l r\RC Cornerstones of safet y.

1he *reactor inspection program, akJrig wlh perfo rmance indicators, assessment and enforceme part of the reactor oversight process. nt, is EJn integral In addition to overseeing routine activities, the inspection program also provides .for the agen operational ~ In support of these activities, cy's response to it is useful for ~ staff to be able to eirploy (RC) melhodologes *to detenrine:

  • JX0.811 root cause
  • the cause or causes of incidents or failures of licensee programs,
  • the e>dem ofcause and cond/tion at the licensee and the nuclear industry, as Vld as
  • \M18lher cause(s) are related to equipment proce issues. dures, irenagament o r ~ performance (HP)

If a significant event shoud occur at a licensee facility, the ~ rray activate a 1eam tasked e\ei1l The ~'s formal Incident Investigati wfh ill\E!Stigating 1he on Program is described in r\RC Mnigement tilled NRC lncidt;mt Investigation Program." IVD Directive(MD) 8.3 8.3 determining the agency's appropriate e\ent respo includes some of tf:l~ deterministic and risk criteria for nse and defirieates

  • responsibifities at the office response to significantoperational aents. A -level for significant operational aent is any radiological, safety-related operational event. at an NRG-licen safeguards, orolher sed facirity that poses an actual or poe,tial haza healh and safety, property,. or the emtraiment rd to public l\,O 8.3 stales 1hat, "It is the policy *of the U.S. l\lJclear ~lat ory
  • Cormission to ens imoMng reactor and materials facilities licensed ure~ significante\el1B by the !\RC are imestigated in a timely, Clt!jed and technically sound manner; that the factual ive, *systematic, information pertaining_ to each event* is documented cause or causes of each e.ent are ascertaine  ; and that the
d. The evenlS miy il'l\Olve responses by an learn (IIT) or le$ formal responses by an augrr incident imestigation ented inspection learn (AIT) or a special inspe depending upon the lael of response required." ction 1eam *(Sil),

1he objectives of the irnes!igation program are surtmlrized as folcms:

  • Prormle public hea!h and safety, instill publi c confidence, and provide for the cxmron defen security by reducing the frequency of iricidents se and and preventing accidents.
  • Increase the efficiency and effectiveness of I\RC prompt dissemination of the facts, conditions, regulatory programs and licensee operation circumstances, and causes of significant oper s by the and the identification of appropriate follow-up ational 8\.8nls actions.

5

. NRC-HQ-84-17-A-0001 uncovering facts 1hat rrey indicate a need to

  • lf1l'X0,'8 regulatory oversight of lice_nsee activities by process before the e\el1t contributed directly to ree\auate v.hell1er a particular aspect of the regulatory 1he cause or course of the event
  • Ensure 1hat rr, AIT, and SIT findings are properly dispositioned.

thorougl1 and systematic 8\81uation of significant8\ell\s, Additionally, reactive inspections provide for a timely, ion 8\el'lt through the collection, analysis and docurrentat

\Mile assessing the safety or security significance of an the cause(s), condition(s) and circumstance(s) i_ne of factual information and evidence sufficientto determ \

6'l.e1l Facts and safety conce rns relate d to the aent are communicated to I\RC rranagemen pertaining to the inform ation notice or study a generic concern, issue an so 1hat appropriate fci:>w-up actions can be 1aken (e.g.,

buletin, or issue an enforcement action .

in:

IMC 2601, Reactive Inspection Decis 0

  • IP 93800, "Augrrented Inspection Team, "

IP 71153, "Bent Fok>w-up [Commercial NJcear Povi.er

' Plants], n

  • IP 88075, "Event Folow-up [Fuel Cycle ]," 0 Facilities Program,
  • IP 88003, "Reactive Inspection for E\el'lS at Fuel Cycle regulations, IMCs, IPs, NLR:Gs. etc.) is available at Access to the aforementioned docurents (e.g, tRC

h task ordei:s the RJot Cause/Incident Investigation 1he primary o\:>jeclive of the contract is to. acqµire throug r g using prot.61 rrelhods to ensure selected U.S. J\ucea Workshop is to provide current, state-of-the-art trainin al agenc y staff merib ers the knowe dge. and Feder Regulatory c.amission (NRC), Agreement Sla1es or olher s. 01 occasion, as authorized by. the !\RC ively and efficiently perfor m root cause inwstig ati_on abifity to effect ies or others rrey be permitted to allend.

- ~ representatives of international regulatory agenc iated wlh Nt-regulated *activities, such nuclear 1he i~ga tions ,my imolw incid~nts or issues assoc of radioactive material such as industrial, inedical or reactors, nuclear materials (i.e., non-reactor app6cations research) or security.

  • knowedge of root cause rrelhods and techniques and aoo prcrvide
  • 11,e training shaV convey to the stooents the licens ed activities as speci fied in which imol\e NRC-the skills necessary f9r 1hem to perform their duties, directives, policy or guida nce.

olher ~

applicable l'>RC Inspection Manual Chapters (IMC) and ss as appropriate to errphasize the importance of the proce 1he sludents shal be provided wih topical exarll)les ons.

in rele\ent situati and derronstrate how it has been effectively errpbyed or more of the folowng rrelhods: direct instruction, hands 1he contractor shall accompfish the training using one d(s) deerred appro priate by exercises or any dher rretho on activities, problem soMng, group discussions, 1eam by the f\RC CCR In 1he future lhis course coukl be oorrpefed 1hrough ',,irlJal inslruclion.

the contractor and approved acquire appropriate and sufficient understanding of 1he 1he desired outcome for the training is for s1udents to root causes of issues haw been adequately identified applications of root cause techniques to ensure that the rules and regulation and 1hat appropriate and effective and properly docurrented in accordance wlh the !\RC thereby protecting the heallh and safety of corrective actions ha\.e been taken to ~ t recurrence rs, rrerrbers of the public and the erllAronment occupationally and non-occupationally e>qJOSed worke 6

NRC-HQ-84-17-A-()001 Successful accomplishment of the desired outcome shal be determined by evauatill):

  • studetit performance during clas~room exer cises,
  • quality. of r~t cause repo ~ ge.rie1rated by
  • tlie course M.Jations performed by th_e st.de thei sudents.

nts, , and

~ a l course cbservations by the ~ .

c:xR or ciesig,ee.

C.3. Sca>E d= WORK lhe contractor shal furnish.qualified pe~ nne l and services to update/revise and pr~ nt bek:m. The contractor shat update/revise anq the. training identified maintain training materials and presentation.s each e:>fferin.g of the cou r~. Toe contracto currentfor r ~ ensure 11:lal al of the training maJerjals

~ poiicy, procedures, regula~ons c1nd reflect current gui~ance at the ij,re *the trc1ining is conctucte materials ang presentations shall aMBIJS refle d. Training ct current up;.to-date state-of-the-art causal 8'18kJation techniques and information. techniques,

~ Inspection Procedure 95001 slates 1hat the root cau ~ EM:iJation rrelhods 1hat nuclear facilities are: c1re C001TI)[1ly used in

a. E\el'l5 and c.c1usal factors an.alysi~ - to iden tify the e\ellts and conditions that led up to an e.ent;
b. Fault tree analysis - to identify relationsh ips armng 8\e£1ts c1nd the probabili1y of ewnt occurrence
c. Bc1rrier analysis- to identify_the barriers that If present or slrengthenecl y.ouij *t1a1.e pre.e from occurring; ntecl the event
d. Change analysis - to identify changes in the work erMronment since the activity was

. stJccessfµlly 1hat ll8y have caused or cont last performed .

ributed to the 8IA:ll1l;

e. ~m en t ~g ht an.~ Risi{ Tree (WCRT) analysis - to syst(:lmatically check that of ~ ha\e been cc>nsigered; al possible causes
f. Critical incidenttechniques - to identify critic al actions that if performed Nt c:orrectlyv.

prewnted the 8\ef1t from occurringor vo..t ouk:f f haw significanUy reduced its c:onsequences hal.e

g. Why Staircase - to produce a linear set of causal relationships and use the experienc C1Mler to determine the root caus e of the problem e and ~
  • correspondjng solulions; ancJ
h. Pareto analysis - a statistical approach to problem &JMng to determine where to start an analy~is.

The contr:actor shal review al the ~d s abo\e in opportunity to apply the rrelhods.. 1-b.\ever; the training and as appropriate provide an Management C).ersight and Risk Tree Anal shal be presented as the t\RC core malh ysis (M)RI)

Oiher pr'O\er1 root cause rmhods rray beooolo gy for root cause aryalysis during the training used to supplement the training, but rrust be course.

~C CR approved by 1he As part of the root cause trai~ing, the. contracto appropriate root cause and contributing caus r shal provide students instruction on dewloµrg e ~me n.ts ,. c:18\ebpir:ig an appropriate 8\6lla of coridition, ~op ing an understanding and tion

  • of e>detlt e.auation .of the ~ t of .cause and ~

the importance of a heallhy nuclear safety culture. Additionally, fortlie rec1ctor-related also address contractor shal provide instruction on cross-cu case studies, the tting areas and aspects that e>dend across

~ - Cornerstones of safety as oul!in1;1d in al of the RCP N,JFEG-2165 "Safety Culture Cormm l-ang 0310, "Aspects Within the Cross-C~ng Area uage", and IMC s".

7

NRC-HQ-84-17-A-0001 C.4 POTENTIAL TASK ORDER REQUIREMENTS that maybe ordered via task order under lhe fobwng paragraphs describe the requirements this contract

  • Investigation Workshop(G,205) coui '~ materials TASK.1 - ~Re vise the R:x>t Cause/Incident e wlh the ~v e of teaching students the
  • 1he contractor shall update/revise a training cours rmho os for conducting an effective root cause ahalysls..

contractor in support of training, include:

Materials to be Je\1sed'developed and provided by l materials; presentations and

1. Studerit materials including learning ~ s , fe)dua PowerPoinfpresentations, shal

\Asual aids. Any te>dual material, excluding Microsoft dure 0408 "Training Material Style be formatted as described in t-RTD Operating Proce QidEf (copy to be- pro'Aded).

  • for presenting the course.

2 Instructor's nenual including delailed lessJl1 ji3ns or accidents that could result in

3. Six (6) Case study scenarios irM:lMng incidents the contractor for revision. The the I\RC Initiating an SITor: AIT wB be provided to potential Safety Culture issues contractorshal integrate huJTBn performance and into the scenarios.

Subtask 1 - ~/R evis e Student and Instructor Manuals' ouUines and Case Study ouUines e ou11ines for: sludent

  • rranual, instructor 1he contractor shall update/revise the e>dstirg cours studies. The revised ou1ines sha! be rranual, student information sheet and six (6) case within thirty (30) days Of the Post-Award M3eting or the suooitted to the ~ COR for apprc>\61 shal correctany deficiencies identified in the

'Mitten cancellation of 1he meeting. The Contractor fifteen (15) days after receipt of the I\RC CCR initial submission and resubmit the material within CCJl1rer11s..

nt and Instructor fl.llanuals, Hmqouts, and Subtask 2 - l.pi$/Re\nse Learning Cl:>jectives, SIL!ie Visual aids. . ,- .

e>dsting course learning ogecti:ves, sll.ldent The contractor shaB, as necessary, update/revise the sheet as v.ell as the stud$it handruts and and instructor course ri'etl.ials, student information tted to the N1C CCR for review and any \Asual aids. The revised materials* shall be subrri approving sub1ask 2 rraterials. 1he approval within forty-five(45) days of the l\f\C CCR in the initial submission and resubmit the .

Contractor shall correctany deficiencl~ identified

~ ~ CCR conments.

material within fifteen ( 15) days after receipfof Subtask 3 - Fe.Ase Case Sllidies (6) e>>sling Case Study scenarios irr.ol\4ng The contractor shall, as necessary, update/revise six initiating an SIT or AIT. lhe contractor shall incidents or accidents 1hat could resuit in the I\RC **

Culture Issues into the scenarios.

integrate hurmri performance and potential Safety The Case Studies shall include the fubwng:

a. Tm (2) reactor case sludies s (e.g., medic al, fuel facility, industrial radiography,
b. Tm (2) materials (non-reactor) case studie t, irradiator etc.)

v.ell logging, transportation, research and ~op men

c. T1M> (2) security case slide s 8
  • NRC-HQ-84-17-A-0001 Existing Case Study materials shaJ be provided and discussed during the post~award rreeling, As a ninimrn each case.$.ldy. shal consist of the fct,wn g (where applicable).:
a. an inclderit/accldent ~ITTIBry
b. background and narrative . .

C; ~n t t3\el1fs before, during and after the incident/acc

d. orgati1zation charts ident
e. facility diagrams
t. equi ~nt di~gra.rns . . *
g. *rote,playing scrjpts for al the characters likely to .

be ili\QIVed in the incident (i.e., a general description of the individuars duties, their actions before

, during and after the e\8nt, .their interactions W1h olher 'characters in the. scenario and knoMedge Of tfie incident arid related activities). Additional chara a surtn ay of the individual's cters identified by the sludents duri~g ~e exe,rcise* 'MlOITl they_ bele\e..* in¥., pey .important"roles

'1118re not ,:,ri:Mously identified wl be "ad-libb~d" during in the e,.ent but

~ ~inil ig course but shal be scripted to the rririmim e>4el'1t necessary prior to the neM course presentation so that 1he charc1~ter~an'be "played" iri future coµrses as .needed.

Since interviewing techniques are an esser,tiaJ par.t *of root cause .iil\esligatiorjs, the sti.lden interview ree.arit individuais associated win the incide is WI be ~cV p~t ted to

!Jt/ciccidentas described abc7.e.

The revised Case Studies shai be submtted to the t-RC a:R for review days of the t'<R: CCR approving ~ k 3 rmlerials.. and aµJroJal Within sil4y (60)

, The .Contr~ctor shal correct any deficiencies identifie<;f In the lniti;:il sabmlsslori and r:~ubmit the mater

~Qf fico mre nts. ial within fifteen (15) days after receipt of the Subtask 4 '."' Finalize Course QJ!fine, Learning O:>jectives, case S1udies Instructor l\l1anual and Student Manual and Withir:i sb(y (~O) d~ys after acceptance of the draft mater

. submit. a copy offinal course malerials, including: ials by the ~ cm, the contractor shal

1) pr:ie ( 1) tlard ~opy of ~e C:ou~e. ~ne;
2) one (1) hard copy of the L~ar'riing ~ye s;
3) 6rie (1) hard cqpyof the Student Maroa!;
4) one (1) h~rd copy of the Instructor Manual;
5) one (1) harq copy of any \1sual aids, vmichirust be in or Qther), and
  • color (slides, view-graph~. pictures, Mdeos
6) one (1J electronic cop~ of items 1, 2, 3, 4 and 5 in the, requir09 formats.

Subtask 5 - Within thirty (30) days of the completion of each course offering, the contractor s~all submit a Course Presentation Report to the NRC .COR. lhe NRC COR must ac;knowlec;fge receipt of the Course Pre$entation Report ancf any outstanding"questions must .be satisfactorily answered before the contractor invoice is submitted. to NRC Jor.reirilbursement for cours 's*

e presentation.

Ail reports shall be submitted in-Adobe PDF format unless contain: othE:),:wiS<<;t approved by the NRC COR, and must A coi,,,at letter report disc:;u~ng course accomplishments, prql:>lems, NRC cq~rectiw actions and recommendations (or improyement The recommend ations shall consider any written or ve~I student fee(1~ck .or ev.:ilu~tions collect~d by the contractor.

A .summary of the general strengths and weaknesses

  • and presen~tion. The contractor shall review the writtenthe _students? contribution to the exercise report of report!, submitted by the stu.dent ,teams to
  • determine the level of understanding of the concepts taught and 110w they ~re applied.

Scanned ~opies of Stude.rt Information Sheets, provid ed by the NRC COR upon contract award, in an Aqobe PqF format ~swell as a sc~nned copy of the signed student roster, ~so proyided by the NRC (e.g.,

  • g

NRC-HQ-84-17-A-0001 NRC COR or course contact at the presentation location).

used to support the course (e.g., student An electronic copy of the materials prm,ided to the students or preferred and must be in the original format manual, instructors manual, handouts and visuals). CD/DVD is or newer. Adobe PDF format is not acceptable.

(e.g., original format such as Microsoft Word2016 TASK 2

  • Preseotation of Root cause/incident investigation Wpi'ksl1~p(G*29~)

Cause/lnpidentlnvestigation Workshop(G.205) shal, be no more 1han four business days Rx>t lec~re s (wor~hop ~nd in 91m,1tion (1Q1al) and. sh8' be. pres~i:i~ 4sing a .com~ir:iatloh .of classto,omlec;:~re) and ~~. Toe cont racto r~ assun-e

  • that the ,~ attending this c.p~r'$e ~ no pri9r rqot cause analys is training arid/91' e~ri~ nce: . Aft.er' th~ introduction gate/analyze of the case studies; students shal be divided into lealTB and ~ E!Ci di.iring the lecture to investi tht:i iricic.len~ appiying arid reiritorcingthe iiiellq:1$ and 'techn iqu~ di§iCUSS ma~r rent briefing. Tean i:>6rtion qf the 9qurse ar:ig produce and ~\el' a sirruated tre .

sizes 'Ml be limited to 6;

,sitipn 9f eclCh course WI

$1nc;:e'slµdents wi regi~ter for th~ q<;>urse ind~pendently, ~e compc; vary fr9m cqurse~~~COUISl3. ~- $11JjEln~ ~ .be't1iyi9.ed ~rid materia ~is_mOc ~s

h _possible into ~

reflecting the.ii" areas of respqnsibllities (Le., reacto r sll.Jdem s ls st_udents On H'.Me.~. this may 9Na'/f> ing on the nuntlE!r of separate tearrs). nor t>:e ~Ible depend ation rrelhod s -. are generic, it sludents representing each area. Since 1he rootcal.ise iil\estig ca~e study is not so stnJij . be possible to mix sfl..ld$lts ori a teaiTI (if require d). provide d 'the s wlhoot a backgr ound in the area covered specific as to be incomprehensible to those s1udent by the case study.

course shall conclude wlh

  • format presentations by each team of their finding~. l:a9h The report and present a portion of the sludent on each team 1s e,tpeCted to contrib ute to the final final ~riefing.

Altn.lgh the ~ wR a1lerrpt to provide panel rrer_mers to attend the briefing, ask questions conclu sion of the course  ; howeve r, this rray not aw:iys be and critique the team briefings at the possible depending on location. and other factors. So, the contra ctor ~ hail. the responsibility to role-play t-.RC management in the 81.erit *1hat additional pan~!

irerrbei "s are not a\.0ilable to a1lend the briefing.

Final case studi~s shal be ~ d by the ~ * ~

in support of tJ:,e lectures:

Materials 1hat shall be provided by the contractor to the students PowerPoirit Slides and copies

1. S!udent Materials ~. including leaming objectives, textual rraterials, of \4Slia1 aids used during the .lec:ture presentations.

teams and one n:etericlls,

2. . Case Studies - one per ~ - for exarrple: if ther.~ are ~ reactor the ~ reactor teairs. wx.ikt be 9i\en the ~ r Case Study

~le the materlais 1eam 1he ty Case Study.

VI.Ollld be !J\81'1 1he Materials Case study

  • similarly wtli Securi the prqcess of imestigatilig root
3. lnten.;ews - since interviewing techniques are an integral part of and conduct at least one causes, as part of the case studies, the students shal rreet wth inter\iiew wlh contractor ,personnel WK> ViAI - be rol~ playing the parts of variowf lic~nsee rrenage rren~ operato rs, mainte riarice, f_lea1lh physics, individuals relevant" to the scenario (e.g.,

as possible,*v.nat might take etc.). Such inteNews and ~ng s shaB Sirrutate as realisUc$lly credib ility and consistency, the place during an actual imestigation. To insure sorre degree of d. This wa aid ttie role characters essential tQ the pbt of the scenario ~ be broadly scripte informa tion W1el1 questio ned Jo permit the sludeints to players in qqnveying the appropriate io.

perforni'a valid analysis of the root causes of th~ case sludy scenar Report Fe~back - at the completion of_ the exerci$e, each team shal dEM!lop a written

4. the firialbriefirigs, the report of its findings - once the reports are presen ted orally during

. 10

NRC-HQ-84-17-A-0001 contractor shal prcMde \Ef'bal feedback to each 1eani

  • identifying strength weakliesSes of their report and p-esentatioo.. s and 1he rre>arrum c~ss size for the R'.xJt Cause/lncidentlnvestigation Worksh op (G-20~) slB. be 18 sbxleilts.
  • The ~ ~ or his/her desigilee rray also aUend to nmb sh!;j. not be counted against the ll'e)GITl.lm class size. The course the course, but sta be hekJ in a location selected by the-~ COO.
  • The. t'-R.C reserves the right to. ~rre nt c9urse Pr~nlcltions WU, ~

~

e,perts_ wx.tt be u~ to further amplify certai~ topics, *ancf/~r ~ : questio.ns These regarding f'8C policy ~ procecfi.Jres.- Specific Jll'eS tor j:)a,:ticipation c;,f that rrey-arise shal pe cdordinated ~ tie coh~c!C~r ~nd the f',RJ CCR If any p6rtiori fllese'. guest speakers 1aught t>y f\RC or invited guest speal<ers, tne rre ~- furriishtne training 'of th~ c:ou.rse is feMs, j:>rese11tatiorfharooots, . etc';) for 1lri!e guest ,1ectures. materials (e;g.,

The contractor shal not solicit materials or pre-decisional information from*

course atlende8$. All requests for materials shal be subnitted. to the r-..R: COO \1a etmil T~K* 3- Speclalized CQurse ~

Jbe aaeocv tese@ the rjght to request that the contractor sepyert the firJiilged iri1ttuct;ona1o,atetiibitec ceofr,ause methgds( .techo;aues @nl@iciB<I ;n:Jastt *1, sybt@s

  • J.-"Wmm HBC* Hosted*rmdu1es -*;n 1eu, onostcuctoi;i:fe k ct, s*,utoom ttaiaioa, It 1s turthe~ antlclp a~, that the ~sting lnstructo~--1~ course d~r'ation wl. dectJ~se a
  • CClll'imnsLirate
  • duration as ri'elhods are put onlihe, 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> *pet ITElhocl,
  • such that iMlen the afqi'~i'!len~oned are. pµt onli rie, lhe *classroq~ pqrfioh qf -tti~ ~oufse Y.!E.

dr9p fro111 ~.5 days to 2;5 of days fa,qmtaJ~ ~op s... .some v.oi1<shop ~!eria l (I IT charter pan be pro'.1ded in advance of course as"\'ie!.) * * * * * ** * *

  • Shoot! this sublask be needed,
  • the Contrac:ting_Officer,wD trahsmita request for proposal to 1he contractor, 1M1ich identifies the specific work to be performed. The co requirements. :wn fie!!ptiate specific Prpducts $\eloped for the ~pecializ~ cour$1:!. ~ _~ re\.1ewed ~nd approo d by the CCR prier

. to using the prcx;tucts for any course offerings. lhEI materials ~~

~ the ~ ~pecification as the initial course materials clei.eloped for the sow, and irrplem;!ntaticin of the converted course materials v.;g be at Jhe CCRs discretion: . . .

T~K 4- Task Order Completion Report (all report r,eque~shall be include d in cost of CLIN 2) *

  • The contractor shaJ subinit a final report by the end dale of the contrac t or within thirty (30) days of the final course presentation, wilchever Is later. 1he electronic report shaU be iri Adobe PDF format and* shall_ be sent to ttie NRC CCR and to the Contracting Officer (CO). At a *mf!il)1.ITT1, the final report shal include:
  • A technical report of the work. coopleted;
  • Any problems or delays encountered and their solutioo~ and
  • Recarmendatioos for irrpoi,ements.

. 1he contractor shal also return to the NRC COR av gmemment furnished materia transfer to the I\RC *CCR al materials updated/re~sed and/or de\ebpe ls and shall

~

d by the contractor at the of 1he ~me nt Training materials shal be provided electronic copi~

format such as Microsoft Word/PowerPoint2016 or newer, not Adobe (origina l PDF).

11

NRC-HQ-~17-A-0001 c.s Reporting Requirements (all reporfrequestshall be included in cost of CUN 2)

C;S.1 Course Presentation Report a Course .

  • Within thirty (30) days of completion pf *each task order, th'e contractor shal subrnii offering is the final course Presentation Report icfthe ~ CCR Since the Course Presentation Report and any dei\Eragle; the ~- CCR rrust ackr:K}wledge . receipt of the Course Presentation* Report Cllllslancing questions nust be satisfactorily ansv.ered before the contr~ct or's invoice is Slbritted to ation. All reports_ ~ be Slbritted in Adobe PDF format

~ forJeimbLir$errent fC>r cours~ P.~esent

_unless. otherwise indicated by the f\R:. ~ and i:rust -contain: . .

actions 1aken and

a. A cov'er ~ report discussing cou~e accorll)lshmen~. p!"(ti:lms, c~rrectlve recor:nmended as v.el as rec9tnrnendatio[!'sfor; ¢buf$e irrproiement_ 1he reqomm endatlon s shal

_student f~e~bac k provided ar:id any Yn"i~l'.1. EM:ll.Jatio~s ~ by ~

consider any \erbal ~ s course (e.g., from the sh.dents, as v.el as, any \Witten feedback provided by the ~ COR feedback system or Olher sources).

tion to the exercise

b. A sumnary of the general strengths and \\8!Hlesses Of the -sb.ldents' contribu report and presenta tion. - lhe contractor shal review the written reports submtte.d by the student teams to determine the le'l8 of understanding of the concepts 1auQht and how fl6'f were appled.

Scanned -copies of S!Ldent -t~or~tion ~ as* provided by the -~ CCR at contract award, am c.

~I be u~ periodicaiiy (in PDF fotmat): . Scanned copt of the s19n13cf sb.ident roster, also tion location) . Sqanned copy provided py Ule ~ (Etg;, f\RC CCR' or course contact atttle presenta *

  • of the get to imow you sheets. *
d. An electronlc copy6f~e rna~rials provided to the siudetits or _used to ~upport the course (e.g.,

~ t manual; instructors matuill, ~ t s arid ~suals). CD/DVD is preferred and rrust be in 1he

.original format (e:g., origlnalformat such as Microsoft Word 2016 or newer. Adobe PDF format is not s materials, a acceptable). lfcourse materials do ricit differ. from the rrost recent course offering' slalemElnt to the effectin the course report wl suffice.

e. If di.rected by tt,e Nt; CCR, the CQlJl'$8 pres~ntation teport ~ also include sh.ldel1t teams' .final Workshop($.
  • reports, ~s discl!ssed in Task 2, Presentation rifR:lot Cause/Incident Investigation .

205). . .

12

NRC-HQ-84-17~A-0001 C.5.2Final Tas k Ord .er Report The con trac tor~ furnish a final tasl< qrder (30) days*ot the final course presentation Wich report by the end date offhe. contrac1or ever is later. 1he report shal be sent to within thirt,y *.

the r'RC COR.

1he r'ep<>rt shal fnclude as a rrtriirn.irn P* A technical report of .thEl work OCllllllet~;

b. Any t,oblerrs or delf3ys encountered an~ their sok.Jlions; .aoo C. Fecamiendati(X'l$ for i!Tpf'O\ements.

.~ contraptQt stlaD aioo return to the ~ CCR al QO\Effirnent furnished materials arid shal trans infi~ !a~ ~~4 ,by.' the contractor at thE! ~ fer al e of the Q0\81Tl!llerit to the f'1\C ~ Train inateri~ls shall be provided in bolh electronic ing *

(originalformatslichas Microsoft Word and P<>w PDF) and ~pe r c:opf ei"Point ~

C.6 List of Derivei'ables All clei~ bles stioukt ~ subnitted to ttfe I\RG*

CCR for final ~ I . The contractor sha! provi DVD or email aif:achrnent) ushig .MS ~ce softw de ~

course mat1:1rials iri an e!ectronic fc;,rmal(CO, compatiblewfh fiat used bythe ~ C(:R (e.g. are

,4016ornewer). Acopyofany\4clea; to:be also be provid~ to the ~ ~ in electronic f<>rmat 1he contractQr may. propos1:1 ~ t e usedwft

  • tµ the decision of '1e f'1\C COO conveyed to formats the contractor ~a ~mail is final.

ITEM DESCRlPllON QIJWTllY SCH:DUEE -

1 Lpiata'Revise S1udent. and Ole (1)hard Within thirty (30) days after Post-Instructor Manuals' ou!ines copy and one and Case SlooY.. oulines Award ,nieting or written cancellation electronic of the meeting, copy 2 l.\Xfa1e/Revise Learning ~ (1)ha.rd Within fQrty-five (45) days of the I\RC O:!jeclives. Student anc1 copy and one CCR approving sublask 2 materials Instructor Manuals, elect ronic 1-tindouts, and tJsual aids . '.

copy 3 Fe.1se Case S!udies Ole (1) hard copy and one Within sxLy (60) days of the rre CCR approving subtask 3 materials electronic 4 Finalize Items 1:-4 '"'""'

01e (1) hard Within sxly (60) days of receipt of item copy and one 4 acceptance comrents from the NRC electronic CCR (e- mail acceptable) copy 13

NRC-HQ-84-17~A"0001 W!~in,thirfy_ (~O) day1;;of 111e

~

5' C~r ~ Prese~tion* Report ~J1 )

cqmpletion of each task order and Copy of Cour~e . Ele:clrq,ic Mater ials us.~d fol"the cour~ e c.opy offering As specifie.d As ~pecified in 1he irdAcilal task .ader 6 $pecialized Cow's~

De\ebpnient' (upon request by the ~.

only)

Final Contr.act Report Ole (1) By the _ewinition* ~ gf th.e task Electrohlc order or Within thirty (:30) qays 7 foilvJrg lf'8 course-presentation.

  • Copy

~he-wr *is faier * -*

re

  • C;7 Required Materials, Fai:lities; Hardware/Softwa As specified in individual task orders c~a Release of Publlcatioris ReseNed C.9 Place of Perfonnance n inclliqe:

Shall be specified ih individual task orders. Potential locatio

  • Atlanta; ~
  • Arlington, 1X;
  • King of Prussia, PA;
  • Lisle. IL;
  • Chattanooga, 1N; or
  • Roc:!Nlle, Ml ..

14

NRC-HQ-84-17-A~OOOl The unit price of ~ach course wl remain fixed irr~p wl ective of the loc1::1tion. Tra\EI costs _for each_

be reimbursed per the Federal Trawi Regu afioris bil!Ele against a separ~te reimbursab!e loc1=1~on

. fine item contract C.10 Recognized Holdays Reserved .

C.11 Hours of Ope_ration Classes shal typically start no earlier fhan 8:0Q AM and ~nd no

  • 1tm 5:00. PM wt'1 *reasonable
  • breal. (2) categories of ~ey personnel for this requir~ment: Course Instructors and Cour Developers; The contractor shall provide at least se tVi,O instructor:s (one primary ~nd one back-up) the course - each of which shall be designated to present as Key Personnel. The contractor shall propose mor~. de-velpper~.. G~mtractor personnel may one or serve in one or bqth roles, pro~ded that th~y qualification requirements stated for.each. Addit meet the
  • ionally,_all personnei who, prepare/rE!\4se any materials andior perform course instruction as course described above must be clec1rly identified and education, training.and experience prolAded for resumes of each. Resumes shall be specific in nature, shall demonstrate qualifications that meet or exc.eed clearly the-requirements specified a~v e and r.~sumes more* than three pages in length .. General resum must be no es will be deemed inappropriate and the acco proposal shall° be disqua6fied. mpanying Course Instructor Quaftfications Must possess at least five (5) years of relevan~

experience conducting root cause analyses/inves in the nuclear inqustry. tigations Must posse~ at least fjve (5) years of relvant experience.developing root caµse evaluation training, including the use of toqls and techniques classroom described he~ein and to meet the objeptives discu herein. All of this experience must ~ave been ssed ace.r personnel. this experience must include at l~st ued while teaclling NRG per~nnel or NRC-licensed five (5) years of experience developing and integ case studies, as defined in the SOW, into the rating classroom teaching environment 15

NRC-HQ-84-17-A-0001 rience and the five (5) years of.training experience may

'The five (5) years of root cause investigation expe ROP shall not be used to satisfy NRC's adoption of the be concurrent. Any e><perlence gained prior to the this requirement.

  • Course Dewloper Qualifications -

Must possess at least five (5) years of.rele vant; broad experience conducting root cause analyses/investigations in the nuclear industry.

rience dewlo.pirig root cause evaluation classroom Must possess at least five (5) years of relevant expe ssed desctilleci"herein and.to meet the objec~ves.discu traihing,*includlng the u~ of tools and te9hnlques ,.licensed ed while teaching NRC personnel or _NRC herein. All of this experience must .have. been accru (5) years of experience developing and integrating personnel. This e><perience m.ist includ e ;at least five room teaching environment.

  • case studies, as defined in the SON, into the class and the five_ (5) years of training e)(J)erience may The five (5) years of root cause investigation experience s adoption of the ROP shall not be used to satisfy NRC' be concurrent. Any experience gained prior to the this requirement. .

personnel at the request of the COR per individual

'The contractor may be required to provide additional task order.

The course instructor shall be expected to:

to check/setup the training room, lay out*

  • Arrive in sufficient tinie prior to the start of each class .
  • ssary course materials, prepare equipment; etc. as nece complete any other administrative actions each
  • Ensure th~t studen1$ sign the $\µµent roster and
  • day Of the.course;
  • presentation of information and*the case studies
  • Maintain control of the learning time ~ that the e objectives are met. and reasonable breaks are remain organized and timely. key points and cours ll course schedule.
  • provided (e.g.* 10 minutes every hour) within the overa of minimal interest to the c1ass as a 'Mlole and that
  • Control di$ttactiohs, such-as questions lhat are
  • can be answer~ later and/or indMdually.

reasonably attempt to _clarify; provide

  • ~ser ve the effect of the instruction on the class and correct probiems and improve the participant's examples, or in some way, directthe course to help .

opportunity to learn.

other problems that *may occur during a course.

  • . Correct course materials and correct errors or to attend the course or misses any portion of the
  • Notify the NRC COR immediately if a student fails a break or lunch); furthermore, this shall be course for any reason (e.g., fails to return fc;>Hov.nng it should be noted in the course presentation y,

noted in the course presentation report.* Additionall of the cours e, but received remeclial instruction sufficient to report if a student misses any portion letion cr~i l allow the NRC COR to give the student cdurse comp the students at the end of the course and work with

  • Collect any non-NRC course *evaluations from to its previous condition for use by the NRC course coordinator to restore the classroom subseqµerit instructors; *Toe c_ontractorshall be responsible for trijnsporting or shipping their own supp6rt materials after the course, as well as tl'ie e>qje nse .for such. . .

16

NRC-HQ-84-17"'A.*0001

  • The NRC COR may authorize,lhe cont ractor to discuss i~_ues relating to the ~rfo under this contract 1Mth other indiv iduals. How rmance of .work discussions concerr'lih9. activities which are ever, lhe NRC COR shaR not authorize any outside of the scope of this *contract C,14 Contractor Travel See FAR31.205-46 C.16 Data Rlgtats fe;e ned C.17 5ectioo 508 - Electronic and lnforffli!tl Qn TechJ'lC)bgy Standards

-Resei:vect C;18 Applicable PubHcatlons (CLirrerit Editions) rva C.19 Government Furnished Equipment/P rq,erty

1. The !'RC shal furnish the contractor 'Mlh the fokmng: I a An electronic -copy of~ $.$ nt lnformati on._

ar19 issue to each* student before the begi Sheet (SIS), \\'.hich the contractor shal enhance nnin SISs shall be included in Course Presenta g of each course. Scanned copies of corrpeted tion Report

b. A SILK:lent ~ sha1 be provided prior to each course.offering. 1he Student R:>sl b.e signed by each student at the start .of er' shal -

each course offering. Ascanned copy*of S1Ldetlt RJslel' sha>> be incluqed in the Cou rse Presentation Report.

the signed .

c. A course e\81uafion form 1M1ich the cont ractor first day of the course and collect at the conc shaV issue to each non-tflJ student on 1he lusion of the course;
d. The t\RC vmite location where rele\ant docurrenfs (e.g.,

G.li ~, lnformati()n NoUces, ScJetins, etc~ ~ *regulc1tions, RagJatay re,Jsion/developi'nent of tile training materials f may be dow:macleci f.or *use in or (see http://ww.v.hrc.gov/reading-rmldoc-collec for distribu~on to ~ during the training tions/). In 1rose instances \\h,ere ttie cont requires af) !'>RC document wllich is not ractor

. a copy (electronic or hard copy) to the.c mai.lable for dowlioad, the ~ C~ ~ prO'Jde ontractor, assuning it is awia~le..

e. C4rrerit G-405 course materials may a cfeiAatiohs from_the ~pies listeif arep~perm pro'Jded by the l'l:c cm Changes in acldition itted, buf al *content (e.g., ciulane, rranuals, s to, shal
  • be approi;ed by the t-RC. CCR etc.)
f. Facilties for conducting the course and basi c

the presentations (e.g., flipcharts, projectors equiprrerit required by the, contractor to rreke

, tables, chairs, etc.). The t-..RC CCR shal e_hsure that the equipment is available . at eabh d~ignated training location for use contractorabhg* vwh disposable ileris such by the unique requirements rrey haw to be prov as paper, pens, pencils, highUgh~rs etc. Aey ided by the cohtractorifthey are not a\Ell

-the f\RC. llble from

g. A copy of NLR:G'CR-5455 "f\RC's 1-lirrBn Performance Investigation Process"
h. A copy of I-RID Operating Procedur e 04.06 "Traini'ng Material Style Gide for del.ebpment 17

NRC-HQ-84'.-17-A-0001

.of .any * (excluding PolM!rPoint Presentations).

i. Six Case Study scenarios entilled:
i. 1BD ii. 1BD iii. 1BD iv. 1BD V. 1BD vi. 1BD announcements and regii;lering ~ t s
2. The ~ shaD be. responsib~ for preparing course prior to each course offering.

and providing the contractor w1h ah *attendance roster ities sho.M"I wl

  • be provided by the Go.errment
3. Oily the equipmentiproperty listed alne in the quant Property clauSE3 under this contract AIJ This property Is subject to the provisions of the Go\ernment actslial *be furnished by the contractor.

contr other equipment/property required in performance of the C.20 Contractor Furnished lems ials for the delivery of each course offering, lhe contractor shaD pt'O'Jde an necessary instructional mater including:

1. S!i.dent ~ which shall begin wlh learning cqectives for each section. The student mmual G.aide.

shaD be formatted in accotdancew!h the ~ TIC Style l media and applic::able copies of~

2. Instructor manuals. case studiei;, handouts, audio-visua

$9ilabie for dcMnioad froi:i, the I\RC's public OJClllTEl'\ts (relevant to the subject matter), which are ry of each course offering.

V\ebsite or wft be provided by i,,e ~ CCR for the delive the course presentation and not already prO\,;ded in

3. A copy of releyant color vieW'graphs used during uts (i.e., rnaterial,not included in the the student* manual; applicable ca.sestudies; and aD hando student rrarual).

understanding of th!:i c~s1:1 studies utilized in 4.. IV1Y. find, .all trpinl~g .aid$ n_ece~ary to further ~~

the course. *

!ap_to p{s) for prese nting their materials. 1he laptop(s) wl The cont racto r~ pre>vide thei r~

be connected to an ~pro vide d projector, e materials to and from each course location, as lhe contractor stiafl be reswnslble for shlpp_lng .aJi cours ffl as the e>q:JellSe for such.

e offering shal be providecl to the t\RC CCR An el~trc;mic c::opy of al materials u~ed to present a coursby the contractor shal be comp~ble \Mlh the wth the Course Presentation Report ihe software used are provided (e.g., Microsoft Office 2016 ials software used by the !'RC CCR at the tine the mater .

ed on DVD.

prod,ucts). A copy qfany video to be used will also be provid ed (e.g:, stude nt interv iews of "lice~see personnel during the case study For any activities \\tJich ~re record anq the recording media. At the eq1,.1i prnent e~rcises), the contractor shall pr.ovjde any recording conta ining their participation in the course the media conclusion of the course, the student shaD be given (e.g., a DVD).

of all deliverables revised, updated, developed The NRC shall have unlimited rights to and ownership ts; recommemjations, brieUngs, work plans, and/or Uijlized under this contract/order, including repor and all other deliverables. An documents and presentation slides, manuals, case studies; visual aids

.Produced under this contract/order are th.e property materi~ls, to include the source codes of any software; rship/copyright belonging exclusively to the of the Government with all rights and privileges of owne 18

NRC-HQ-84-17-A-0001 Governmenl These deliverables may not be used 9r so~

l;>y authorization from the CO. All materials suppHed to the Goverthe 9oritra~tor without prior written nment shaD be the sole property* of the Go~rntnent arid may not be 1,1sed for any, other purpose i;ind restriction. This r1gtit does not abrogate *any other Government may be distributed to anyone without rights,

  • In the interest of furthering the NRC;s .c;apture, preservation arid management of critical institutional knowledge; di.iring any cour$e offering, the NRC retains the right to: *
1. Record the contract/slibcontracted iristructor(s)' image, photog any techri.ology or ~ris . raph, picture, likeness, and wice by
2. copy:, use, perform, display and distrib4fe such recordings any legitimate purpose, including but riot limited to distribution of contra ct/sub contra cted insttuctor(s} for by r'neahs of streaming or either technologi~

via tfie Iriter'net, .or distribution of audio ot video files.

3: . Cornbirie such.recordings 'ot contracf/subdontracted instrLictor(s). with other

  • printed matte*r in the produc~on of any media, Vvil¢ther audio images, i'ec*ordings, or
4. or vis1,1al.

Recotd,fepfoauce, ampfify arid SJmulate**contrac:t/slibCdntr'ac:t .

effects producecf; . ed instructor(s)' image arid all SOlind

~ compensation beyond the amount specified in Task 3 (course presentation_ CUN) shaD be provided if a 9ourse .offeriilg is t¢orded; nor will royalties be .paid for ~riy use of ~e ~~~rdirig. If requ~ted under the F=reede>m of lriformatiqh A_ct, the agency may be required to relea~ s~ch reqordingstp-the public.

C.21 Quality ~Sur an~ Plan/S~rveillance Toe *NRG- COR wl re\/iew the .contractor's Course and Case ~ de\eld 1hat a9 rriateriais miet contractrequirerrients. lhe l'-RC CCR pment submissions to ensure Reports, student evd)Jations ani;t the Final Contract Repcrt wB aso re\4ew the*Course Presentation C.22 Statement of Wor,C: Definiti.ons t Ag~ricy - ano111er

  • narre* for the* us ~leai ' Fe.;Jlllatory Qririission (US J\RC)
2. Agreement * (AS) - a State which has entered Into ari agr ~t wlh the regulatqry activities nori'relly performed by the r\RC (sorml .t-RJ Jo perform imes called siit't:*i State").
3. Code of Federal Regulations (CFR) - lhe ~ode..offec;fe~al

~lati ons al'lc;I pet11E\l~n~ (ul~s pubfish~ .in the fed~r~I Ragi ~ _by fl,,~ ~v is a c<>difi~;:itionof the general ttie Federal ~m ent lhe CFR is divided into 50 1!fles e ~ ~ t s ~m:t agencies of v.tiich represe_nt broad areas subject to FedE))ral reg~lation. !:ach ti1le \s ~ivid~ into Chapters which agency'. Each chapter is"further subdivided into ~i'ts coveri usuaiy bear the 118f!2 ~f the issuing ng specific: regul~tory are.as. *

4. Corrm:>n Cause - m.ifflple failures (i.e., Mo or more) of~ equipnent or processes attributable to a stiared cause. * *
5. Con!?equences - the actual or pqlenlial outcome Qf an identified problem .or conditi9n.
6. Contracting Officers ~n1 ativ e (CCR) - .an indi\oid tial, including a coritracijng.officer'stechnicat representative '(COlR), designated and authorized in IM'iting by the contracting officer to perform specific technical or administrative functions.
7. Contrib,uting Cause(s) - causes 1hat by ~ s VIOUki n.ot cr~!e the problef'T'1 . ~ut ~re irrporfant enough to be recognized as needing corrective action. Contri buting ca\,Jses ar:e scrretimes referred to as causal factors. Causal factors are those ~ctions, condit ions, or EM!l1ls which directly or of indirectly in~uence the outcome a situation of probiem
8. Dfrect Instruction - classrqpm teaching wner~ an instructqr convey~ infqrmi:ltion t.o the slUdents

_\e!'pa!ly wth the assistance of audio-\'.isuc1I aids (e.g., marke r ~rd, flip charts, \iew graphs, 35 nm

.19

NRC-HQ-84-i7-A-0001 slides, \4deos, catp.Jler preseritations1eto. ).

.. a process Y.hereby students review a
9. Exercise (see also Haflds..Ol Activities and Ptoblerr1Sct-Ang) scenario of a real or hypothetic!:JI El\el1t to draW ree.ian t conclu sions concenilngthe root calise(s)._

identified problem ha\e impacted olher

10. E>dent of Cause - the e>dent to Which the root:causes of an
  • plant processes, eqt.iprrent, ot human performance'.

8>4sts wlh o1her plant processes,

11. E>dent of Condition - the e>dent to Which the actual coriditiQn equipment or turan perform ance.

g~ 1 and ending September 30.

12 Fiscal Year (FY) - the QC)\el'Jlment financjalyear ~in nin 13, ~ - Speaker - A ~ _invited by the ~ Project Officer

\o participate in the training, GJest o r

  • QO\et'Tlrnent agenci~ or any Speakers nay be r\RC .errp:>yees, errpbyees of olher federal se in the relevant material.

dher individual vhm the Project Officer considers to f1Sl.e experti e) - sfude.nts are g\Eh the opportunity to

  • 14. 1-eiids-Ol Activities (see a'5o Prob lem~ ~ and Exercis re~ew a scenario of an actual or dreated ewnt and 1hen allerrpt to ~mte the root catise{s) of the aent cours_e. The Instructor's manual shal
15. Instructor's Mm.Jal - the at used by the instructor during the prew:,usty cond!,ICted the course be of sufficientdetail such_tnat a qualified indi)liclual WlD has not organiz ed and effective manner.

could be e>q)SCted to present the ~ t material in an l incident at a non-r eacto r~ oc 16: Materials Case Sludy - a scenario in\OMng a radioactive materia licen ~ activities are conducted, Agreement Stale :licensed facility or at a rerro1e location v.here a field location where *industrial E>artples might include but are not limited to a medical facility, cycle facility 1 ~ radioactive iralerial radiography op,eratioris are co11ducted, an irradiator facility I a fuel research faelllty or a mam.ifacturlng or radioaetive V\8Ste storage facility, a university or commercial facility.

17. Per di~m http://www.gsa.gov/portaVcontent/104877 tmVcategpry/21867/#wp1178852 https://ww.v.gsa.gov/portailext/publtc/site/FTR/file/Chapter300p003.h
18. Pro!)lem SoMng (see also Hands-tin Activiti~s ar1d Exercise)-

~ t s are provi<'.~ Vli1h lhe opport~nity *to rEMew, either n:IMdually or in teams, a scenario of an actual or hypothetical e\el1t for the purpose of determining the rootca1,1se(s).

~ been successfully used to 8\01uate

19. Pl'O\el1 Rxlt Cause M91hi:xfs - Rx>t Cause rrethods vmlch rrettlods proposed by the actual incidents or accidents.* -~ verification 1hai: .the *Rx>t Cause of "satisfi ed customers" provided wlh the contractor are "proven" shal be partially bas~d on the list propo;;at. .

rcial US f\liclear PCMer Pant (e.g.,

20. R:!acb" Case Sludy - a scenario il'MJIIAng an incident at a comme a pc:Mer reactor located ih the Um.cl States).

result of the sarm basic

21. ~ Occurrences - tv\o or more independent conditions which are the causes.

individual im.dved in a hypothetical

22. R:,le. Playing - the act of assuning the. part of a hypothetical 20

NRC~HQ,84-17-A~OOOl incident/accidentscenario. This provides the sb.l:lents wlh the opportunity to practice their interviewing skills through which they WI atlerrl)t to eHc:it ~nt informciticm for ~e purpose of drawing conclusions concemingthe root C8US:8(S)Of the actual or hypothetical incident/accident

  • 2a. Rxlt Cause(~)- the baslQ reason(s)(te., hardware, proc ess, ~ perforl' llc!nc;e), for a ~m ,

which if corrected, WI pre,.ei,t recurrence of 1hat problem. *

24. Scenario- a collection of dOcurrented information relating to a hypothetical incident/accident By ahaJysis of the information provided and, in 500B .cas~*. additio nal information obtained fri:>ni inieNews of ,icharacters" included in the scenario, the students are aJje to draw conc:lusions c:oncemingthe root cause(s) of the incident/accident
25. st.Jdent Mnlal - the \d.Jrn:l used by the sludents during the course which rmy consist of formal B4 or PowerPoirit sides 21

NRC;.HQ-84-17-A-0001 sec:noN p - Packaging.a"d ~rking 0.1 "1RC0010 PACKAGING AND ~Kl.N G a manner 1hat Will ensure acceptance by (a) The Contraqtor shall packag~ material for shipment to 1tie NRC In such s shall co!T()ly vAih the Surface co1M10n carrier and safe delivery at destination. Containers and c:iosure or regulati ons of other carriers as applicable to the Transpo~ti9!1 Board, Uniform Freight Classification Rules, mode. of transportation.

t numbe~ under vhlic.h the product is (b) o, the front of the packclge, the Contractor shaD clearly identify the contrac being providecl.

(c) Additional packaging ahd/or marking requirements are as follows: NIA D.2 NRC0020 BRANDING The Contractor is required to use the statement below in any publica tions, presentations, articles; products; or maierials funded under this contract/order, to the extent practical, in order to provide NR<:: with recogni~on for its entirely with NRC funds, then the involvement in and contribution to the project. If the 'M>rk performed is funded ation.

contractor mu.st acknovwieclge that information in its documentatioh/present of Chief Human capital Officer work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office (OCHCO), t.1nder Contract/order number NRC-HQ-84-17-A-0001.

22

NRt~HQ-84-17-'A-0001 SECTION E

  • ln!;peclioil and Accepiance E.1 si.246-4 INSPJ:CTION OF SERVl(;:ES
  • FIXEP*PRICE. (AUc.; 19Q6)

(a) Definition: i*se,:vices," as used in this c~use, jncludei; services performed, workmanship, and material furnished or utilized in the performance of services. *

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the ser\1ces t.mder this contract_ Complete records Of all inspection work performed by the Contractor shall _be maintained and made available to the Govemtnent during contract performance and for as long afterwards as the contract reciuires.

(c) The Government has the right to inspect and test all sennces called for by the contract, to the extent practicable

.at all times and places during the term of the contract The Government shall perform inspections and tests manlier that vi/ill not unduly delay the wo,k in a (d) If th!3 *eovernment performs inspections or tests on the. premises of the Contractor or a subcontractor, the.

Contractor shall furnish, and stlall require subcontractors to furnish. at no increase in contracfprice, alt reasonable facilities 'and.. assistance for th*e safe

. anc;I

. convenient

. performance. of the~ duties: *

(e) If any of the services..do not coriform with contract requiren,ents, the Government may require the Contractor to perform the services ag~in in conformity With contract requirements, at no irici'ease in contract amount. When the defects in services cannot be cqrrected by reperformance, the ~vernment may -

( 1) -~quire the C::ontractor to take necessl:lry action to ensure that future performance conforms to contract requirements; a.nd (2) Reduce the contract price to reflect the reduced value of tlie services performed.

  • (f) If the Contractor fails to promptly perform the services again or to. take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to th~ perf9rmance of such service; or (2) Terminate the contract for default.

23

NRC,-HQ-84-17-A-0001 SECTION F

  • Deliveries or Perfor~nce F, 1 NRCF030 PERl()ll OF PERFORMANCE This contract shaH cQmme11ce on 10/01/2017 and will e>cpire cm 09/30/2022 24

I

! NRC-HQ-84-17-A-0001 SECTION G

  • Contract Administration Data G.1.NRCG20 REGISTRATION IN FEDCONNECT (JULY 2014)

The Nuclear.Regulatory Commission (NRC) uses Comp usearch Software Systems' secure and auditable oo-way web portal, FedConnecl, to cornnunicate with vendors and contractors. FedConnect pro'llides bi-directional

  • corrvnunication 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 cqntractors**must register tQ use FedConnect at https://www.fedconnectnet/FedConnect The individual registering in FedConnect must h~ve authority to bind the vendor/contractor. There is no charge for using FedConnect. Assistance with FedConnect is pro\'ided by Compusearch Software Systems, not the NRC.

FedConnect contact and assistance iriformation is provided on the FedConnect web site at https:llwww..tedco nnectnet/FedConnect .

  • G.2 NRCG030 ELECTRONIC PAYMENT (SEP 2014)

The Debt CoDection Improvement Act of 1_996 requires that all payments except lijS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accord ance with FAR 52.232-33, entiUed "Payment by Electronic Funds-Central Contractor Registration".

To receive payment, the contractor shall prepare inwices in accordance With NRC's Billing Instructions. Claims shaff be submitted on the payee's letterhead, inwice, or on*the Government's- Standard Form 1034, "PubPc Voucher forPurchases and Sel'\lices Other than Personal,"

and Standard Form 1035, "Public Voucher for Purc_hases Other than Personai - Continuation Sh~t. The

  • to: NRCPayments@nrc;gov . preferred method of submitting invoi_ces is electronically 25

SECTION H

  • Special *contract Requirements H.1 KeY PERSONNEL. (JAN 1.9$3) nce of the work hereunder:

(a) The following individuals are considered to be essential fu the successful performa 1he contractor agr~s thi:it personnel may not be removed from the contract work or replac~ Vtrithout compliance with paragraphs (b) and (cl of this section.

(b) If one or more of the k~y personnel, for whatever reason; becomes; or ts* e,qjected to become, unavailable for work *uhder this 9Qhtr~ct ft>r acOrithioous period ~xceedl tig 30 work t;i~ys, .or is e>epec~ t6 dewte .sut)stahtially *1ess effort io the v.ork than indica~d in th~' proposa. l or iiiitialiy *anticfpa ted; the contractci\-"sfiall"jmrij:jdfately *no~fy'the " .

promptly replace the personnel contracting offi~eraiid shall; su)?j~t to the concurrericeof the contracting officer, with personnel Of at least substantiaUy equal ability and qualifica tioris! _

explanati_on of the.

(c) Each request for approval 9f substitutions must be in writing and contain a df;l\ailed circurristanc*es i')~ce~ltatirig the p(opqs~ su~stituiions. _lhe: request lil~{ also cbn~itl aqqmplete resu~ f?" the.

o,fficer ID. Eivaluate: ~e prop~

prppos~ substiMe and ~tiler inforinatio~ requested or *oeedl3d bfthe conta~tirig substitution. The conttactihg officer and the 'project officer ~hall evaluate. the contract or's request and the contracting offleer shall°. promptly' notify the contract or ofhi~ ot her. d09ision in writing.

personn~ who have ~n (d) If the contracting qfficer cletermii1es that suita?1¢ arid timely replacement of key "is not reasonably fofitlcor:ning, r~asslgned, terminated, or have. otherwi.se bec<>me unavailable tor Y1e contract work impair th~ succ;esstu.l completion of or that the resultant reduction of produ~tive effort would be so substantial as to for default or for the ed by the contract ing officer the contract or the service order, the contract may be ter"1inat ate. If the contract ing officer finds the contract or at fault for the convenience of .lt!e Government, as appropri sate the Government for condition,. the contract price or fixe~ fee may be equitably adjusted downwa rd to compen any resultan~ delay, loss, or damage 2006)

H.2 CONlRACTING , OFFICER REPRESENTATIVE AUTHORlfY (NOVEMBER contracting officer (a) 1he contracting officer'sai.rthorized representative (hereinafter referred to as the representative, or CCR) for this contract is:

Nan:B: Eric ~ggs Address: Technical Training Cen1er Teephone (',lJrroer. 423-85&6672 8mil: Eric.Riggs@nrc.gov of the NRC COR The term "technical

  • (a) Performance of the work under this contract is subject to the technical direction
  • llowing: *
  • directioh"isdefinedtoincludethefo of work or tasks, authorizes travel which (1) technical direction to the contractor which shifts work emphasis between areas was unanticipated in the Schedule (i.e., travel not contemplated in the Stateme nt of Work or changes to specific travel identified in the Statement of Work), fills iri details, or otherwis e serves to accomp lish the contractual statement of work.

tions, or technical portions of the (2) Provide ad\ice an~ guidance to the contractor in the preparation of drawings, specifica

  • work description.

, specifications, and technical (3) Re'v'iew and, where required by thecontri:lct, approwl of technical reports, drawings . .

information to be delivered by the contraqtor to.the Government under the contracl 26

NRC-HQ-84-17-A-0001 (b} Technical direction rm)st be within the gene ral s~tement of work st!ted iri the contract The authority to and ~y not i~sue any technical CCR does not have the direction which: , .

( 1) Constitutes an assignment of work outsi de the general scope of the contri;lct . .

(2) Constitutes a change as defined in the "Cha nges" clause of this contract, (3) In anyway causes an increaseordecreas einthetotal estimated contract cost, the fixed for contract performance. fee, if any, orthe time required (4) Changes any of the expressed terms, cond

  • itions, orspecificationsofthecohtract (5) Terminates the contract, settles any claim .

or dispute arising under the contract, or issue Vvhatever. s any unilateral directive (d) Alltechnical directions must be issued in writin g by the COR or must be confirmed by the COR working days after verbal issuance. A copy of in writing within ten ( 10) the Written direction must be furnished to the NRC Form 445, Request for Approval of Offic cQntractjng officer~ A copy of ial Foreign Travel *. which has. received final appr be furnished to the contracting officer. oval from the NRC must (e} The contractor shall proceed promptly with the performance of technical directions duly issue manner prescribed by this clause and within d by the COR in the the COR's authority under the provisions of this clause.

(f) If, in the opihion of the contractor, ~my instru ction ot direction issued by the COR is witflin defined in para_graph (c) of this secdon, the coni one of the categories as ractor may notproceed but shall notify the conir within fi~ {5)-w:>rking days after tile receipt of ~cting officer in writing any modify fl"te contract accordingly. Upon reeeivil'!g instruction or direction 1;1nd shall req\,Jest tfle contracting officer to th~ notification from the contractor, the contracti appropriate contract mo<;fification or advise the ng offteer shail i~ue *an contractor in writing ftl?lt. in the contracting office direction is Withrn the scop~ ofthis article and r'~ opi_ni9n, *tne ~cl'!nical does not constitute a change under the "Changes

" clause.

(g) Any unauthorized commitment or direction issued by the CQR may result i_n an 411nece~

performance and may even result in the cont ry delay in the _contractor's ractor eXJ)ending funds for unallowable. costs under 'the contract.

(h} A failure of the parties to agree upon the nature of the instruption or direction or upon the respect thereto is subject to 52.233 Disputes. contract action to be taken with

"(i) In addition to providing technical direction as defin ed in paragraph (b) of tne section*, the COR shaD (1) Monitor the contractor's technical progress

, including surveiliance and assessment of perfo the contracting officer changes in requirements. rmance, and recommend to (2) Assist the contractor iri the resolution of

~chryical problems encountered during perfo (3} Revie'!V all c0$ts requested for.reimbursem rmance.

ent by the cQntract<;>r and submit to the contracti for approval, disapproval, or suspension of paym ng officer recommendations ent for supplies and services required under this contract.

(4) Assist the contractor in obtaining the badg es for the contractor personnel.

(5) Immediately notify the Personnel Security Branch, a contrac;::tor employee no longer requires acce Division of Facilities and Security (PERSEC/DFS) (via e-mail) when ss authorization and return the individual's badg three days after their termination. e to PERSEC/DFS within H.3 COMPLIANCE WITHSECTION 508 OFl HE REHABILITATION ACT OF 1973, AS AMENDED (AUG 2011)

In 1998, Congress amended the Rehabilitation Act of 1973 (29 U.S.C. §794d) as amended by Act of 1998 (P .L. 105 - 220), August 7, 1998 the Workforce Investment to require Federal agencies to make _their elect technology (EIT) accessible to people with disab ronic an_d info r~tio n information quickly and easily. Section508 was ilities. Inaccessible technology interferes with an ability to obtain and use enacted to efiminate barriers in information techn ology; open new 27

NRC-HQ-84-17-A-0001

¢nt of ~,hncilogies that ~U h_~p.achie~ tfil*i~ gQals.

~p~rtunlties for t,eQplewilh disabiliti~. and'~courag~(l~veloprnre, m;iin~ih, or use:eiectrQiilcand information .

The law appli~s to an i=e(feral agenc.ies Wl~n they d~~lo p, pi'oou ive ~isa~l ed emplq ye.8$ imd memb ers pf the public teghhology. Under ~~tion,!;;08 (29 lJ.S.C'. §794d). ag~cies mu~tg *

  • rable acces s a~ilable to others .

access to info~ tion trnitis compa to ag~ncles develi;,p, procure, maintr3in, or use EIT, F~_eral SpecifiQally, sectiqn 508 of that Act requires th_at ~n Fedetal and data that Is comparable to th~ acq. . and use _by employees y,qth dlSl:lbllltles have acceS$to and us_e of Information a11 un<;lue bur~en would be imposed on the agency.

  • Feder~I empl oy~ who are not individuals with disabiii~es. uni~ of 1973, as amended, and is viewable a~:

(36 C,F.R §1194 implements Sec~9rj 508 Qf the Rehabilitation Act http:/iwww.access~tioard.gov/sec50S/s-tanciards. htrn)

Exceptions.

  • rental under this contract must meet' the a,pplicable All EIT that the government acquires by purchase or by lease/

at of the following exceptions at FA1{39.204 applies to ac:cessibility-standards 36 C.F.RPart 1194, unless one or more this acquisition (applicable if checked): ~

[ ) The EIT is for a national security systein.

[ ] The EIT is acquir~ by a contractor incidental to a contract.

nel for maintenance, repair or occasional monitoring of

[ ) The EIT is located in spaces frequented only by service person

  • equipment e an undue burden on the. agency.

[ l Compliance with the applicable 36 C, F. R Part 1194 proVisions would impos Applicable' Standards.

o. have been de~rmined to be applicable to this 1he following accessibility standards from 3.6 F,R Part 1194
  • contract/order. See \Wi/W.section508.govfor more information:

( ] 1194.21 Soft\Nate applications and operat ing system s.

[ X] 1194.22 Web~based ihtranetand internetinformatioti and applications. 16 rules.

( ] 1194.23 Telecommunication s produ cts. * *

( X] 1194.24 Video and multimedia products.

[ ] 1194,25 Self.corifained, closed products.

( ] 1194~26 Desktop and portable computers.

[ ] 1194.31 Functionalperformancecriterla.

( X] 1194.41 lnformatioh, documentation, and support.

r should check the boxes for any exceptions that apply. If Note: Under the Exceptions paragraph, _the Contracting Office the Applicable standards paragraph~* check the boxes no exceptions apply, then the Contracting Officer should, under 2 and www.section508.gov for additional guidance.

that Indicate which of the standards apply. See FAR Subpart 39.

(End of Clause)

. 28

NRC-HQ-84-17-A-0001 SECTIQN I

  • Contract Clau s~

1.1 49.502 Termination for convenience of the Gov er,-ment (a) Flxed-pri~ cantracts thatdo*nc;;t exceed the simplified acqi.Jisjtioli threshold (stiortfotm)-

(1) General u~e. Toe ce>nlracting officer shall insert the ciause at Si249-1, termination for Convenience of the Government (Fixed.:.Price) (Short Form), In solicitation$

and contracts when a flxec.t~price contract is contemplated and the contractamount'is not expected to exceed the simpli fied acquisition threshold, except-(i) If use of the clause at52.2494, Termination for Conve appropriate, nience of the Government (Services) _(Short Form) Is .

(ii) In contracts for research and development work with ah education~! or nonprofitinstitutlon*on a no-profitt>asis, (iii) In contracts for archlte~t-englri~er servic~s. or

. (iv) if one of the clauses pr~r ibed or cited at49.505(a) or (c), is appropriate.

(2) Dismantling arid demolition. If the ~oritract is fot i:lisma nttlrig, demolition, or removal of lmptowments; the contracting officer shall use the clause with its Alternate I.

(b) f:i~~ pfi~ con~i:lciS th_~t ~xc,~ try.e simplified i:lcqui sition (1)(i) General use. The (:)ontracting officetshall insert the clausethr~~~~lq- .

at 52.249-2, Termination for Con~i'iience of the Government (Fixed-Price), i_n solicitations and contracts

\\hen a fixed-price contract is contemplated and the qontract ~mount is ~:,q>ected te> exceed the simplifi~d a.cqui sition th.r(;lshold exc:ept in contracts for - *

(A) DismanUlng and demoiitiori, (B) Research and develcipr'nent work with an educationai or nonprofit institution on a no-profit basis, or (C) Architect-engineer s~"4ces; itshaU not qe* used if the clause at 52.249-4, Termin.ation for Convenience ,;,f the Gow rn~n t (Services) (ShortForm), is appropriate (see 49.502(c)), or one of ttie clauses prescribed or cited

  • ~t 49.505(a) <;>r (c), is appr opri. . . .

(2) Gon.struc~on. If th_e c:ontract is fpr constri,,ction, the qontra .

cting officer shall use the: clause with its Alternate I.

(i) Partial payments, If the contractis.withan agency of the US. Government or with State, local.or foreign governments ot their agencies, and if the contractlng office r determines that the requirernentto pay interest on excess partial payments Is inappropriate, the contracting offteer shall'use the clause with its Alternate 11. lh such contracts for construction, the contracting officer .shall use the clause with its Alternate 111.

(ii) Disrnantting and demolition. The contracting officer shall insert the clause at52:249-3, Termination for qonvenienceof the Go~rnment (QisfT)alltlihg, Demolition, or Removai *of lmprove~h~) in sali.dtations and contracb;'for di_smantiing, demoli~on, or remoVcJI of impro vements, 'Ml~n a fi~d-pri~e conticict,is contemplate~ and the! contra~t amount Is expected to exceed ttie sirripH~ed accjul hreshold; If the contract is with an agency Qf th~ U.$; Go~riiment W[tli Stat~, loc~I. or foreign governmensitioriJ ot ts or determines that the tequiremerit to pay interest oii' exces their agencies, and ifthe contrac.tingofflcer sh~lf use tll~ clause With its Alter_nate I. s partial payments is inappropriate, the contracting office r

(c) Service contracts (~hort form). The contra~ting office r ~haU insert the clause. at 52.249-4, T~mi nation for Convenienc~ of the Gove~ilment ($ervjc~s) (Short Form

), in solici~tlons and contrE!Cts for se_rvices, reg~rdless of value, wt,en a fixed-price contract is contemplated and the contracting officerdetermhies that bE1Cause of tile ltjnd of services required, the su~cessful offerorwill not incur substantial charges in preparation for and in carrying out the contract, *and wquld, if terminated (or the convenienc e of #ie :Government, .limit t~rminatlon settlement 'charges to services render~ before the date of termination. Exam ples of services where this clause may be appropriate are cpn1racts for rental qf unreserwd parking space, lau_nd ry and dry cleaning, etc. *

(d) Research and deveiopment contracts. The coriiracting officer shall insert the c_lause at 52.249-5, Termination for the Convenience of the Qovernmerit (Educationa_l and.

Other Nonprcifitlnstitutio,ns), in solicitations and contracts \Mien either a fixed~price or cost~reimbursemerlf'co work with an educational or nonprofitinstitution or:i'a' nonpr ntract i$ contemplated for research and development ofit or ndifee basis. * *

(e) Subcontracts-(1) General use. The prime contra_ct~r may find ttie clau~

e ~t 52.249~ 1, Termination for Cor'lvenience c;,f the Governrtient (Fixed-Pr1cej (~ho.rt F<<;>rm) ~tat 52.24s.;2, 1 termination for ponveiiience of the Gove,rnment (fiXl;ld-Price), as appropriate, suitable for use in fixed.:.price supcontracts, exceptc:1s noted in paragraph section; provided, that the relatiom:;hipl:>etween the contra (e)(2) of this ctor conditions (e.g., paragraph (d)) in 52.249-2 should be delete and subconlracto~ is~IE)arly i_ndicated. Inapplicable d and the period~ reduced for submitting the subcontractor's termination settlement proposal (e.g., 6 months), and for requesting an equitable price adjustment (e.g., 45days)..

29

\

NRC-HQ-84-17-A-0001 (2) Researcn and development. The pfime t:qhtractor may find the clause c1t 52.249-5, Termination for the cts Nonprofit lnstitµtions); ~1b:lblefor -~ In !34~90f11ra Conve_nienc.e of the Go~ rn~n t (l;9ucational and Other no-profit9r no,,fee basis;* provid~c:J; tnaUhe relationship placed with educational or nonprofit institutions on a s.ho.utd indicated. lnappli~ble cohqitions (e.g,, _paragraph (h))

between the contractor. and $UbcontractQr ~s clearJy termination ~ttl~menfproposal shoul d b,e. reduq ed (e.g.,

be del~ted. the period fpr subJTiittir,g the subcontractor'$ or o~fee ba$is, anc;t the .subcontract:should incorporate 6 months), the .subcontractslloLild be placed .on a n_o-profit cost princ iples In Part31 of the Federal Acqµlsltlon R,eguJatlon.

or be negotiated on the ~siS. Qf the CONFLICTS OF INTEREST (.JAN 1993) 1.2 52.209-72CO~TRACTOR ORG ANIZ ATIO ~

is to aid in ensuring that the contractor:

(a) PurpQ$e. *Toe primary purpose of this. clause

( 1). Is nCJt placed in a qonflicting ro.le beca1.:1se of curr~nt qr plan*neo interests (fil'!ancial, coiltractµal.

uncier thi~f contr.act arid .
  • organizational, or otheMse) which relate to the -work over other P!irti.es by virtue of its performance of this (2) Q~s not obtain an unfc1ir competitive advai1~9~
  • cohtri,ict d in 48 rmance or participation by ,the contractor, as define (b) Scope. The restrfotiohs described apply to perfo e.

CFR 2009.570-2 in the activities covered by this claus (c) Workfc;,tothers.

actor agrees

( 1) Notwithstanding any other provision of this contract, during the term of this contra.ct, the contr nts with any firm or organ iz;atio n the result of to forego entering into con.suiting or other contr actual arrangeme act The which may give rise to a conflict of Intere st with respect to the* work being performed under this contr contract abide by the provision of this cla1,.1se. If the -

contractor shaU ensure that all employ~s under tnis .pther or ~ny employee, t)'lat any PfOpo$e~ consµlt,ant or contractor has reason to believe; -~t.h respect to itself of iri~r!3 St. the contr actor n *may involve a potential conflict conti:ac~al arrangement with any firm or organizatip tion of $UCh ccintr actua l arran geme nt.

offic;:er before the. execu shall obtain the written approw.l ~ the c:ontr;:icting an wi$e slippoJ"1 cm NRC lice n~ or applicant !Ji'ldergoing (2) The contractor ~Y not represent, assist, .or other are th~ subject of the audit, inspeqtion, or f~vi ~ are the

~t NRC audit, inspection, or review i.Nhere the acti\/i,es the SC.Ope of this Coritr£:1.ct (Or task Order ~S approj:>ri~t e) ces ~~n sarne *as OT Si.Jbstar\tial!y s_in,ilar to licant rf;)q!,lfre!? the tt\e 5eriJi contractors supp ort to explai_ n or c:tefen d the contr actor's e~ep t wt,ere.'1le NRG. lic;:ensee 6rapp questions.

prior work for ihe lJ1jlity or other entity which I\JRC site,

\.mder. this contract ~t ~ny N1'C license(:) o_r ii:'P,plicailt (3) \IV her) the co~ c~r PEltfO~Q1S Wi;>rk for tt,e NRQthe same or similar technical area for that licensee or in the contractor shall neither solicit nor perform work the task order or beginhing of work ori the site (if applic£:1.nt org'ani~tio n (or* a period COQ'llllE!TICihg with the award of of an work under the associated task <>rder. or last not ta~k orc:fer contract) ~nd ending bne ye~r after c:ornpletion a

time at the site (if not a task order coh,r~ct) ..

ant site, (4) When the contractor perfomjs work for \l,e NRC uni;Jer this contrac:t' i:lt any NRC licensee or applic ant d1.,1ring the period of (i) "fl:le con~act<>r may not solicit work at that sit,e for that ticen~e or applic perfc:irrnance Qf the task order or the c~ntract, as appropriate, for that licensee or applicant during the period of (ii) The con:tractor may no~ perform work at that sit~ .

pi"i~te, and for one year thereafter.

performance of the task or'deror the'coJ'\tract as a'ppro officer may autho rize the contr actor to solici t or perform (iii) Notwithstanding the foregoing, tt.ie contracting that the r technical area) if the contracting officer determines this type of work (excepf work in the same {Jf simlla or ~nfair corripeti~ve advantage.

situation will not pose apo~ntial for technic~I ~i~s (d) Disclosure after award:

30

NRC-HQ-84-17-A,0001 (1) Toe c.ontracte>r ~m ints that tq the this contract that lt <:toes, not have any orgabe~t of i~ knp~edge and belief, and except as otherwise *set forth in nizational confflcts of interest as defin~. in

48. C.FR 2QQ9.579~2.

(2} The contractor agr ~s that If, after a~r d, it ~isbovers .organizatiQrial confHc::ts of inter contrac::t, it shall ~~~ ~il lmmedia~ and full est with ~~ ct to this disclosure in wr~ng to th~ con~acting offic incl1Jde a descripijon of the actiorhvhi~h #le er. This ,s~te~nt. must contract<>r ha~ ~ken ~r propos,es. to take ti?

conflicts. The NRC may, however; termin~te ~VQid or flltiga~ such

~ contract if terrtjinatioti is in the !:>est interest of tJie Gowrnmeril

  • (3) It is 'recognized that the scope of -oork of a tasR~order"-type co.ntrac.t nec ~ril y enc spectrum of activities. Consequently, If this Is a task~order-type contract the ce>ntractor omp a~ ~ broa~
  • all prqposed *new v.ork lnvgMng NRC licen agrees that it 1MII disclose sees 9{applican~ ~lc h cpme~ within the und~rJying contract Fu~ er, if tbi.s c~nfract scope of war~ of the. .

involv,e~ ~rk c1t_~ Dcer:is_ee. or appJipant site, exerci~,e .difigenqe to di~¢Q~.r an9. discf<;i$8 tti~ ~ontra.c.tc:>r agrees to any fieW.~.,t at th,at lice n~ or c;!ppfi~nt ,l?ite. This ~is¢~qre

~ ~~~ ~for e the. submi$.siqri 9f ~ bid the NRG at least 15,days before the prop 9r prp ~I to the utility or qther reg1Jlat(m ~!itjt y

m.u.¢t os~ award date in any event, lJn!ess a writte aild must .~ r~e i~ ~Y urgency and due diligen'ce to discover and n j~ti~Cl:l~On ,~ernonstr~tihg disclose is pr(>.Vicfed by the contractor arid officer. The disclos1,1re rnust il'!Cll:Jde the statemen o~r doc.umems that are needed to fully desc t of VK>rk, the di;>~r vaii.,I~ of ~e prQP,05~ CQnfract, *~nd any aj:>prqved *by tile contracting*

ribe the proposed work for tfie r~ulated 'utility entity. NRC may deny approval of the discl osed INOrk oniy when the NRC has issued or other regulated the technical area and, if site-specific, the a task order Yiihich ',ncludes site, cir has plans to issue a task order whic and, if site-specific, tfie site; ~r when the ~rk h Jriciud~ th~ technical area vjcilat~ paragraµ,tjs (c)(2), (c)(3)ot(q)_(4)ofth is s~tion. . . .

(e) Access to and use of information.

. . (1) If in tf'!e pEJrfor~nc;:e of this c9ntract, the.

pOlig/~. reports, stµdies, fjnaricial plans, intern contractor o~tains access to infe>rrriatioli, such ~s ,NRC pl,;ms,

  • ?!, datci pfote~t~ by the Privacy Act of 1974_

(1988)), or the Fr~.dom of lnfom1atio11 Act (5 u.s.c. Section ~52 (1986)), tlie contrac.to (5 u.s.c. Seqtion 552a r agrees not Jo: *

(i) Use this information fat any private purp ose until the information has been released to tile p~blic;

(ii) .Compete for: work for. ttJe Cpr:nmission completio(i of this contract or ftie *release based on the inf<:>rmatiori for~ peti(jcj of six of the inforinati,oil to the public, whichever months aft~f eith~r the js first;
  • (iii) Submit an urisoliclted proposal io the Government based on the information release ofthe information to 'the public; or unijl one year after the (M Release the information without previously .been released to the public by prior written approval by the contracting officer unless the info111'18~on has the NRC. * * - * * *

(2) lil add.i,tion, the co.ntractor agrees that, to the extent it receives or i.s giwn access protecte~ by the Privacy Act of 1~74 (5 u:s: to. proprietary data, data Section 552 (19~6)), oh">tner confidential g; Section 952a (1988)), or the Freedom pf lilform atjon Act (5 u.s.c.

or privileged techni.cal, busirtes~. orfirianc contract, the contractor shall treat th;e informa~o ial informa~on wider this ri in. accordance 1Mth restrictions placed Ori use c:,f the information.

(3) Subject to patent and security proV isiohs of .this contract, the contrac~r shall data it produces under this contract for priva ha~ the right to use technical met te purposes provided that all requirements of this contract have been (f) Subcontracts. Except as pro\/ided in 48 CFR 2009!570-2, the cohtract~r shall inclu this paragraph, in subcontracts of any tier. de this clause, including The terms contract, contractor, and contracting appropriately modified to preserve the Gove officer, must be ,

rnment's rights.

(g) Remedies. For breach of any of the abov e res.frictions; or for intentional nondisclosure of any relevant interest required to be discl or misrep~esentation osed concerning this contract or for si.J(?h erron that necessarily imply bad faith, the* Governme eous representations nt from subsequent contractual efforts,*and purs may terminate the contract for default; disqualify the contractor ue other remedies permitted by law or this contract.

31

NRC-HQ-84-17-A-0001

'.~cting officer in cl~yse mus~ be directect in writing to the cqntl (h) Waiv$r. A retji.l~t for ~Iver' ~n~er this_ .

accordance with th~ procedur~ outliriec:I in 48 CFR2009.57~9.'

ontracts; or proposals Ineligible to parttclp~te In NRC contracts, sut>c (I) F9llbW-on effort lhe contractor shall be ce c;if work un~ -thl~ .

directly. from the contractoris performan theretore.(soilcl~d or unsoilclted): which $tern er the contr act.o r may not perfo rm ~ny in wri~ng by the contracting offic cpntract. F~r1hermpre, unles.s so directed I

r this c9ntra~t on ariy of i1s erit supp ort ser\iices work* tit evaluation ciCtiyities unde

~hn ical co(lsulting or 'rnariagem substantially involved in ces of .another firm if the contractor has been products or sennces or the products or ~tvi or seNces. . ' . .

the ~evelopment or marketing Of the prodµcts ment of oork qr ares a complete or essentially complete state (1J .If the cort,~ctor; un~ r this cohtl'~t,toprep al effor perform or participate iri the initial contractu or services iri the t wllich is based specifications, tne contra¢tc>r is ne>t eligiqle te its prod ucts on the $tatement of wjrk or specificat iohs, The contractor inay' not incorpora in Vlitlich* case the men t. of 'M>rk or spec ifica tici~ unles s so directed in writing by the Contracting Officer, ,

stat~ .

restrictions In this paragraph dp hot apply.

~minercial items to contractor from offering or selling its standard

  • (2) Npthing in this paragraph precludes the
  • the Government.
  • T 1$95)

. 1.3 52_.21~22 INDEFINrrE QUANTITY. (OC tive for the perio d stated, in the supplies or sennces spec;ified, and effec (a) This is an lndefinite;.quantity contractfor ates only and are not services specified in the Schedule are es~rn the Schedule. The qu~ntities of supplies and

  • pur~hased by this contract withtl1e Ordering as authorized by orders issued in accordanc:e (b) D~live_ry or performance shall be made only ies or services.specified in Governmen~ ~en and if orderecUhe*suppl

. clause. The Contractor shall furnish to the Jl." lhe Government designated in the Schedule as the "maxin:,µI the Schedule up to ar1d including the quantity as the "min imum" .

sennces designated in the Schedule shall order at least the quantity of supplies or' in the Sche d1;1le , there is no limit on the Ord~r Limitations clause or (c) Exceptfor any limitations on quantities in orde rs requ iring deliv ery to multi ple Government may issue the number of :orders that may be lssu.ed. The * . . . .

multipl~ locat ions. . . ..

d~tinations or perfon;nance at that perio d shall be d of this contract and not completed within (d) Any order issued during the effectiya perio The contract shall gove rn the Con tract or's and specified in the order.

completed by the Contractor within the time' exten t as if the*o rder were comp leted ect to that order to the same Government's rights and o~llgations with resp any deliveries during the contract's effective perio d; prov ided , that the Contractor shall not be required to make -

under this contractafterTBD.

(NOV 1999) 1.4 52.217-8 OPTIPN TO EXTEND SERVICES.

rates specified in rnme nt may requ ire cqntinu_ed perfo rman ce of ~ny se,vices wit~in the limits ~nd at~

The Gove ,proviaed l>Y ~e as a r~ul l of revisions to pre~iling labor rates the ce>ntract. 1h0$8 rc,:1tes may be adjusted only than on~e . but the to.~! extE! nsJon of performance.

y~ exerGised more Secretary of Lab9r. lhe option provision ma rac~ng Officer may exercise the option by written notice to the hereur19er shall not exceep 6 months. The Colit Contractor within 30 days.

ns (JAN 2017) 1.5 52.219~11 Special 8(a) Contract ¢onditl9 es to the following:

The Small Business Administration (SBA) agre and the terms and in this contract accoli;iing to the specifications (a) To furnish the supplies or services set forth ision s Qf secti on 8(a) of the Small eligible concern pursuantto the prov conditions hereof by subcontracting with an

  • Business Act, as amended (15U.S.C.637(a)). a part of the work here unde r, this cont ract may subcontract for all or (b) That in the event SBA does not award a ,

ut c~t to. either party.

be terminated either in who!~ or in ~rt witho the Nuclear Regulatory Commission the responsibility for to (c) ~ep tfor npyation. agreements, delegate .n cm behalf of the the subc ontra ct~ be c1wa rded he=re under with complete aµthority to take any actio admini$te ring Nucle;:lr Regulatory of ttie subcontract; provided, however, th~ the Government under th_e terms and conditions g th~ right of a SBA before it issues a final notice terminatin Commissiqn shall give advance notice to th_e r the subc ontra ct for default or ce, either in \Nhole or in part, unde subcontractor to proceed with further performan 32

NRC-HQ,,84-17-A-()001 for the convenience ofthe Government.

(d) that paymen~ tobe made under any subcontract8W;!r .

dedunderthiscontractwill be made directly to the subcontractor by the Nuclear Regulatory Col1Vllission.

(e)*That th.e subcontractor awarded a subcontract hereu .

nder ~hall have the right of appeal frqn,decisions of the Contracting Officer cognizable under the "0.isputes clause of sa_id subcontract (f) To notify. ttie Nuclear Regulatory Commission Contr acting Officer immediately 1.Jpon notification by the subcontractor that the owner or owners upon whom 8(a) controlofthe concern. el@bility was based plan to relinquish ownership or (End of clause)

  • 1.6 52.219-14 Llmit.tl~ns on Subcontracting. (JAN 2017)

As prescribed in 19;508(e)or 19:811-3(~). insertthefol lowing clause:

(a) This clause does not apply to the unrestricted portio n of a partial set-aside.

(b) Applicabifity. This clause appfies only to-( 1) Contracts that have l:>eeri set aside or reserved for ,

small busihe$S concerns or 8(a) participants: *

(2) Part9 t*pa~ of ~ multip~av.icird* contractthatha~ been participants; and' ~et aside for small bujin t¥ i::or1cefn~ or S"(a)

(3) Or~r s ~t aside for small business or 8(a) partic ipants under multiple-award contracts as described in 8A05

§ and 16.505(b)(2)QXF). . * * . -

(c) i:3Y'submissfon of an offer and execution of a contra ct, the Offeror/Cohtractoragrees ttiafin performance of contractlnthecaseofacontractfor:.... the (1) Services (ex.cept construction). Atleasf50 perqent of the cost_ of contract performance inc1,1rred for per$0ni1el S~c:JU b~ e~¥ndeq for empiqyees of f!J.e,co~CE;fn.

(2) Supplies (o~er th.an pro.curement fr9rtJ a rionr:nanu.fa cW,reJ of sµc~ suppli~s). The c::oricern shaD perform work for at least 50 percentofthe costof manufclqtµriilgthes.upp Ues, notin,cludingth_e cQStof materiS!ls; .

. .(3) Gf;lneral constru~tion. The con_9ern will perform afleas cost of materials, with its own er:npioy~s.

t 15 percent of the cost of the contract* not including the (4) Constructjon.by special b:ad_e contractors: lhe con~e . . .

rn will perform at least 25 ~n~ent of the ~ost of the cqJJtract,,not including fi:,e cos(pf materials, with its own (End of clause) emplqyees.

  • 1.7 52;219-17 S~ction 8(a)Award. (JAN 2017)

As prescribed in 19.811-:3(c), insertthefollowing clause:

(a) '3Y executic,n* of a contrac~ the Small Business Admin istration (SBA) agrees to the following: ,

(1) To fu'rr1.ish the supplies-or services set forth in the contra ct according to the specifications and the terms ahd conditions by subcontracting with the Offeror who h~s been determined an eiigible concern pur~i.Jant to the pro~siohsof section8(a)ofthe Small Business Act, as a~nd ed (15U.S.C. 637(a)). * .

(2) Except for novaticm agreements, delegates to the Nucle ar Regulatory Corhmi~siori the responsibility for administering the c.ontractWth compiete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided; howe~r th_a~ the contracting ~gency"shall give advance notic~ to the SBA before it issues a final notice terminating the right of the subcontractor Jc; proceed with further performance, either inwhole or in part, undeYthecontract (3) Thatpaymerits to be. made under the contract will be

  • d~ made direct ly to the subcontractor by the contracting (4) To notify the Nuclear Regulatory Commission Contr '

acting Officer Immediately upon notification by the subcontractor that the owner or owners upoh V'thlom 8(a) eligibility was based Plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereu .

nder shali have the right of appeal fromdecisioris of.the cognizant Contracting Officer under the "Disputes" clause of the subcrintract *

(b) Toe offeror/subcontractoragrees and ackriowfedges thc:Jt it IMII, for and on behalf of the SBA, fulfill and perfpr

~II of the requiremen~ofthe con~act . m (c) The offeror/subcontractoi" agrees that it will hot sllbco ntractthe performance of. any of tt,e requi remei1ts of this subcc:mtract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant 33

NRC-HQ-84-17-A-0001 Contracting Officer of the Nuclear Regulatory Commission.

  • (End of clause)
  • LB 52.227-14 Rights In Data-General (May 2014)

(a) Definitions. As used in this clause---

ed information in a form capable of, and for the "Computer database" or "database means" a collection of record a computer; The term does not include computer purpose of, being stored in, processed, and operated on by software.

"Computer software"-

(1) Means rules, routines, or statements, regardless of the (i) Computer programs that comprise a ~ies of instructions, to perfor m a specific operation or series of operations; media in which recorded, that allow or cause a computer

  • and ses, flow charts, (ii) Recorded information comprising source code listings

, design details, algorithms, proces ter program to be produc ed, create d, or compiled.

formulas, c1nd related material that v.ould enable the compu docum entatio n.

  • re (2) Does not include computer data~ses or computer softwa manua ls, installa tion instruc tions, operating

's manua ls, user's "Computer software documentation" means owner medium, that explain the capabilities of the computer instructions, and other- similar items, regardless of storage .

  • software qr provide instructions for using the software. on which it may be record ed. The term*

media "Data" means recorded informatioo, regardless of form or the e inform ation incide ntal to contract not includ includes technical data and computer software. The term does or management information.

or ,

administration, such as financial, administrative, cost pricing nents, or processes that are sufficient to enable

  • data relatin g to items, compo "Form, fit, and function data" means source, size, configuration, mating and attachment physical and functional interchangeabllity, ~nd data identifying requirements. For computer software it means data characteristics, functional*characteristics, and performance requirements but specifically excludes the source identifying source, functional characteristics, and performance software.

code, algorithms, processes, formulc;!s;. and flow charts of the rights .of the Gover nment in limited rights data as set forth in the Limited Rights Notice "Limited rights" means the of paragraph (g)(3) ifincluded in this clause.

re, that embody .trade secrets or are commercial or "Limited rights datau means data, 0th.er than computer softwa data* pertain to items, components, or proc~sses financial and confidential or privileged, to the extent that such

  • s; developed at private expense, including minor modification ped at private expen se a_nd that is a trade secret, develo "Restricted computer software" means computer* software ing minor is copyrighted computer software, includ

, is commercial or financial and confidential or privileged, or modifications of the computer software.

of 1he Government in restricted computer* software, *as "Restricted rights," as used in-this clause, means the right$

ed in this clause, or as othenMse may be provided set forth in a Restricted Rights Nofic~ of paragraph (g) If includ this contract, including rrinor modifications of-such in a collateral agreement incorporated in and made part of computer software. .

the form or method of the recording) of a scientific or "Technical data" means .recorded information (regardless of ter software documentation). This term does not technical nature (including computer databases and compu or pricing, or management data or other inf9rmation include computer software or financial, administrative, cost ed information of a scientific or technical nature that incidental to contract administration. The term includes record *

  • is included in computer databases {See41 U.S.C. 116). uce, prepare ~erivative works, disclose, reprod "Unlimited rights" means the rights of the Government to use, ly, in any manne r and for any purpose, and y public distribute copies to the public, and perform publicly and displa
  • to have or permit others to do so.

(b) Allocation of rights.

nment shall have unlimited rights in-(1) Except as provided in paragraph (c) of this clause, the Gover (i) Data first produced in the *performance of this contract; (ii) Form, fit, and function data delivered under this contra ct; ct (excep t for restric ted computer software) that constitute manuals or (iii) Data delivered under this contra or routine maintenance and repair of items, instructional and training material for installation, operation, use under this contract and components, or processes delivered or furnished for ise for limited rights data or restricted ct unless provid ed otherw (iv) All other data .delivered under this contra clause.

computer software in accordance with paragraph (g) of this (2) The Contra ctor shall have the right to---

34

NRC-HQ-84-17-A-0001 (i) Assert copyright in data first produced in the performance of this contrac

  • (c)(1)ofthisclause; t to the extent pro\ided in paragraph
  • (ii) Use, release to others, *reproduce, 'distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contact, unless provided othemn se in paragraph (d) of this clause; (iii) Substantiate the use of, add, or correct Hmited rights, restricted rights, or copyright notices and to take other appropriate .action, iri accor~a11cewith paragraphs (e) and (f) of this clause; arid . *.

(iv) Protect fr9m' unauthorized di~losure and use those data th~t are limited rights* data or restricted computer software to the extent prm,ided in paragraph (g) of this clause.

(c) Copyr ight-(1) Data first produced in the performance of this contract.

{I) Unless provided otherwise in p~ragraph (d) of this clause, the Contrac tor may, without prior approval of the .

Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced

  • in the performance of this contract and published in academic, technic al or professional journals, symposia proceedings, or similar works. The prior, express \M'itten permission of the .Contracting Officer is required ~ assert copyright in all other data fir~ produced in the performance of this contrac t

{ii) Wh~n authorized to assert copyright to the data, the Contractor shall affix the appDcable copyright notices of 1L U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (inclUding contract number).*

(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf; a paid-up, nonexclusive, irrewcable, worldwide li~ense in such copyrighted data. to reproduce, prepare _

derivative works, distribute copies to the public, and perform publicly and display publicly by or on be~alf of the Government For computer software, the Contractor grants to the Govern ment, and others acting on its behalf, a paid-up,. nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproducf,!,

prepare derivative oorks, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government. *

(2) Data not first produced in the performance of this contract. The Contrac

  • tor shall. not. without the prior written permission of the Contracting Officer, incorporate in data deDvered under this contract any data not first produced in the performance of this contract unless the Contra ctot-(i) l~ntifies the data; and (ii) Grants to the Government, or acqiJires on its behalf, a license of the same scppe as set forth in paragraph (c)(1)of this clause or, ifsuch data are restricted ~omputer software, the Goyernment shall acquire a copyright license as set forth in paragraph (g)(4)o f this clause (ifinclUded in this contract) or as otherunse provided in a collateral agree ~t incorporated. in or made part of this contract (3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed *on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.

(d) Release, publication, and -use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or pµblish any data first produced or specificaffy used by the Contractor in ttie performance of this .

contrac~ except-:.

(1) As prohibited by Federal law or regulation (e.g., export control or nationa l security laws or regulations); ,

(2) As expressly set forth in this contract; or (3) If the Contractor receives or is given ace~ to data necessary for the performance of this contract that con~in

, restricti_ve markings, the Contractor shaD treat the data in accordance with such markings unless _specifically authorized otherwise in writing by the Contracting Officer.

(e) Unauthorized marltjng of data. *

(1) Notwithstanding any other provisjons offf'!is contract concer,:1ing inspect ion or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by thls contrac~ the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 UcS.C. 4703, the following procedures _shall apply priorto canceling or ignoring the markings.

(i) The Contracting Officer will make written inquiry to the Contractor affordin g the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the proprie ty of the markings; (ii) If the Contractor fails to respond or fails to provide written justifica tion to substantiate the. propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the marking s at any lime after said period and the data will no longer be made subject to any disclosure prohibitions.

(iii) If the Contractor provides written justification to substantiate the proprie ty of the markings within the period set in paragraph (e)(1 )(i) of this clause, the Contracting Officer will conside r such written justification and determine*

35

NRC-HQ-84-17-A-0001 s that 1he markings

'Nhether or not 1he markings are to be cancelled. or ignored. If the Contracting Officer determine r will be so notified in writing. If the Contractin g Officer determine s, with concurrence are authorized, the Contracto d, the Contractin g Officer will furnish the of the head of the contracting activity, that the markings are not authbri:ze will become the final agency decision regarding the Contractor a Y.1"1tten determination, which determination Contracto r files suit in a court of competen t jurisdittlo n within 90 days appropriateness of the markings unless the under this g Officer's decision. lhe Governm ent will continue* fo ~bide by the markings of receipt of the Contractin becoming ng Officer's deternina tion paragraph (e)( 1)(iii) until final resolution of the matter either by the Contracti markings at any time final (in which instance the Government will thereafter have the rigtitto cancel or ignore the made subject to any disclosure prohibitio ns), or by final dispositio n of the matter_ by and the data wiD no longer be court decision if suit is filed.

  • in accordance (2)"1he time limits in 1he procedures setforth in paragraph (e)(1) of this clause ~ be modified of Informatio n Act (5 U.S;C. 552) if necessar y to respond to a with agency regulations implementing the Freedom
  • request thereunder. . * * . . .

n of the matter by a court of (3) Except to the extent the Government's action occurs as the result of final dispositio h (e) of the clause from bringing a claim, in competent juri$diction, the Contractor is not precluded by paragrap or that may arise as the result* of the Governm ent removing accordance with the Disputes clause of this contract; ignoring authorized markings on data deUvered under this contract. *

(f) Omitted or incorrect markings. . . *

( 1) Data delivered to the Governm ent without any restrictive markings shall be deemed to have been fun:ilshed with unfimited rights. The Government is not liable for the disclosure, use, or reproduction of such data.

  • disclosed without restriction outside the Governme nt, the Contractor may (2) If the unmarked data has not been (or a longer time approved by the Contracti ng Officer in lM'iting for good cause shov,m) request, within 6 months Contracto r's expense.

after delivery of the data; permission to have authorized notices placed on the data at the The Contracting Officer may agree to do so if the Contrac tor-(i) Identifies 1he data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Estabfishes that the proposed notice is authorized; and ion of any data made (iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduct

. prior to the addition of the notice or resulting from the omission of the notice.

(3) If data has _been marked with an incorrect notice, the Contracting Officer rnay-data and (i) Permit correction of the notice at the_ Contractor's expense if the Contractor identifies the demonstrates that the correct notice is authorized; or (ii) Correctany incorrect notices. *

(g)-Protection of limited rights data and restricted computer software. .

from delivery qualifying limited rights data or restricted computer software that are

  • (1) The Contractor may withhold to this withholding, the not data identified in paragraphs (b)(1)(i), (ii), and (iii)of this clause. As a condition Contractor shall-(i) Identify the data being withheld; and (ii) Furnish form, fit, and function data instead.

(2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software.

(3) [Reserved]

r shall obtain from its subcontra ctors all data and rights therein necessary to (h) Subcontracting. The Contracto ctor refuses to accept terms fulfill the Contractor's obligations to the Government under this contract If a subcontra notify the Contractin g Officer of the* refusal affording the Government* those rights, the Contractor shaH promp11y without authoriza tion in writing from the Contractin g Officer.

and shall not proceed with the subcontract award rights. Nothing contained in this clause shall imply a license to the Governm ent (i) Relationship to patents or other granted to the under any patent or be construed as affecting the scope of any license or other right otherwise Government *

(End of clause) 1.9 52.227-17 Rights in Data-Special Works (Dec 2007)

(a) Definitions. As used in this clause-:

The term "Data" means recorded information, regardless of form or the media on which it may be recorded.

and computer software. The term does not include informatio n incidental to contract includes technical data or managem ent informatio n.

administration, such as financial, administrative, cost or pricing; derivative VJOrks, "Unlimited rights" means 1he rights of the Government to use, disclose, reproduce, prepare 36

. NRC-HQ-84-17-A-0001 .

distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to haw or permit others to do so. * *

(b) Allocation of Rights.

(1) The Government shall have--:-

(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (C) of this clal.lS8.

(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain

  • assignment of copyright in that da,ta, in accordance with paragr aph (c)( 1) of this clause. * *

(iii) The right to limit the release and use.of certain data in accord ance with paragraph (d) of this clause.

(2) The Contractor shall have, to the extent permission Is granted In accordance with paragraph (c)( 1) of this clause, the right to assert clalm to copyright subsisting in data first produced in the performance of this contract (c) Copyr ight-( 1) Data first produced in the performance of this contract *

(i) The Contractor shall nof assert or auitiorize others to assert any claim to copyright subsisting in any data first.

produced in the pefformance of this contractwith9ut priorwritten permission of the Contracting Offic::er. When copyright is asserted, the Contractor shaU affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment* of.Gowrnment sponsorship (including contra ct number) to the data\-vhen deOvered to ihe Government, as well as when the data are published or deposi ted for registration as a pubfished work in the U.S.

Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up,

  • nonexclusiw; irrevocable, worldwide license for all delivered data distribllte copies to the public, and perform publicly and display
  • to reproduce, prepare derivative works, publicly, by or on behalf of the Gowrnment (ii) If the Government desires to obtain copyright in data first prpduc ed in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(

i)ofthis clause; the Contracting Officer shaU direct the Contractor to assign (with or without registration); or obtain the assign merit of, the copyright to Uie Government pr its designated assignee. *

(2) Data not first produced in the performance of this contract

  • The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data deliver ed under this contract any data not first produced in the performance of this contract and that contain the copyrig ht notice of 17 u:s.c.*401 or 402, unless the Contractor identifies such data and grants to the Government or acquires on its !>ehalf, a license ofthe same s.cope as set forth in paragraph (c)(1) of this clause.

(d) Release and use restrictions. Except as othernnse specifically pro\Aded for in this contract the Contractor shall

  • not. use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written* permission of the Contra cting* Officer. *

(e) Indemnity. The Contractor shall indemnify the GQvernment and its offiqers, agents;. and employees acting for the Government against any liabjlity, Including costs and e>qjens es, incurred as ttie result of the violation of trade ,

secrets, copyrights, or right of privacy or pubfic:ity, arising out of the cre.ation, deliwry, publication; or use of .any data furnished under this contract or any libelous or other unlawf ul matter contained in such data. llie provisions of this paragraph do not apply unless the Government. provides notice to the Contractor. as soon as practicable of any claim or suit, affords the Contractor an opportunity under applica ble laws, rules,' or regulations to participate in the defense of the claim or suit and obtains the Contractor's consen t to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdic tion; and these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.

(End of clause) 1.10 52.232-22 Limitation of Funds. (APR 1984)

(a) The parties estimate that performance of this contract will not costth e Government more than (1) the estimated cost specified i_n the Schedule or, (2) if this is a cost-sharing contrac t, the Government's share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obfigations under this contract within the estimated cost, which, if this. is a cost-sharing contract, includes both the Government's and the Contractor's share of the cost (b) The Schedule specifies the amount presently available for payme nt by the Government and allotted to this contract the items covered, the Government's share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount wlll cover. The parties contemplate that the Government vvill allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of any fee. The Contractor agrees to perform

, or have performed, work on the contract up to the point at which the total amount paid and payable by the Govern ment under the contract approximates but does 37

NRC-HQ-84-17-A-0001 t .

not exceed the te>tal amount actµaHy allotted by the Government to~ contrac beli~ve tbat the ~Osts. it Contrac ting Officer i!'l W!".itirig wte.n~W t it has reason to (C) The Contractor shall riotify the lrii::ur~ . WIii ex.c~ 75 previou sly expects to h1c;ur under this contract in the. nf:3xl ~O days, when added_ to all c.0$ or, (2) if ihis is a cost:sharing percent of (1) the tqtal amoulit ~ far allc;itied to the contrac t by the. Govarn. ment Contr(lc*9r's corresponding shar$.

c;ontract, 'th~ amou.ht then allotted *to the cohtractby the. GoverhiTlent plus the

'The 11otice. ~hall ~tate ttie estimated amount of additional funds* required to conti111,1e performance fc;ir the periog specified in the Schedule;

  • in the Schedu le, the Contrac tor sria11 notify the Contracting (d) Si)!iy ~ays before the end of the period specified Officer h1 writing of the estimated amount *of apdition al fund~. if any, r~uired to continu e timely perform ~mce under agreec:I upon, and when the funds wili the conJract or for any f,.niher period specified ih the Schedule or otherw1se * * *

~ r~uired. *

  • specified in the Schedul~ or (e) If; afteq,otification, additional funds are not allotted by the end of the period tor's written request the Contrac ting Off1cerwilltermlhat~ this co*ntract another agreed-upon date, upon the Contrac this contract. If the,Con~acfur .

on that date in accordance With ihe provisions of the Termlri~tion clause of ns beyQnd that ~ate, i\ may estimates that the funds available lo\411 ~Dow it to cofitinue to. disch~rge its obligatio t on that later date.

inateth is contrac specify a later date in its request, and the Contr~cting Officer~yterr'n to* be an exception to this

~ly ciQng and stated (f) ~ept as required by other provisions of this contrac t, specifi clause;. *

( 1) Toe_ Government is not obfig~ted to reimbur~e the Contractor fqt costs incu~ In excess of the total amount allotted by the Go\oai'nment to ~is'coritract; and * .

(2) Toe Contrac tor-is not obfiQSte d.to continµ e perform ance under this contract (including actions uhtier the Termination clause of this contract)"'ofdtherlo\4se incur costs in excess of-(i) The amount, then alloijed to the contract by the Goyernment or; .

ien~ to tl:le contract plus tile (ii) If this is a cost-sharing contract, t!le amount then allotted by the Governn a~unt .

tor in ~itiri'g that.the Cc>ntia.cJor'~ CO(~sport~ing share, !..lri~I the Contracting Qffi.cernotifies the Cqntrac , Vllhich shall then constitute the amount allotted by the Government has been increased and specifies an increased . .

total a~unt allotted ~y the Govel'flnieni to this';t:0,1Jtract . :* .

( 1) tile amotmt allotted by~ Govern ment or, ,(2) if this (g~ ,:ti~ esti~ted. cost shall t.>e increased. tQ)h~ extent that isa cost-sharing con~ct. the amoµnf thei'l allotted by the ~mm ent to ~e. contrac t plµs th, C9ntr~c t9_r'$ .

corresppriding share, e~~ds 1tte estimated cost sp,e.~ifi~_i.n ~-e $ghedui~. Ifthis is a. eb$t-sharjng contract, the in9r.~a$El ~hall be. al[oc,ated in ~c;¢qrda.,n~ wi~"the form~la spepmed hi the Schedule. .

tt,at si:>e,~ifie d in subpara g*r~ph (f)(2) above,

\ (h) No riotice, communication, or repre~~$.tioi'l in any forn) otl:ier Jhan ~nt to tt:iis allolte.d _by the G?~rn

  • or'fr9m any person p~er 111,~n .the ¢ontr~ctir:ig Officer. ~hall a~eqt~ e amoµnt d to reimb1,1 rs~ f!,e Coritra,q tor for contra,~t. In the ab~encf). of the sp~clfied notice, the. Go~rnm enl is ne>t optiga,te t; ""'1~the r ini;urrec l !;Juring the a11y posts il'.l exce~~ of the to~l ~mount allq~d by the .Governmen~ to this ccmtra~ * . .
  • a~

coµrse of the ~on~~~J or a r~ult of ~rmir.ia~9n. . .

coritracti~ in*cr~ased, any c::psts the (i)When an9 to the e~ent that th¢ a_molJrit. allqtted I;>~ 11:le Gt?~rriment tQ the . I

  • contractorincursbeforethe1ncreasethatareinexcessof*

t,y the ~vernm ent or; _ . ..

(~) ii,e_ ~rpount previOU!?ly, allottec( the*

ment to th~ contraq tplus (2) If this Is~ cost-sharing contract. the amount previously ~llcitted by the. Gqvern rd, unless.t h~

If Incurre d afterwa Contractor's corresponding share, shall be allowable to the same extent as Issues a termina tion or other.no tice and directs that the increas e Is so*1e1y to cover termination Contracting Officer

  • 1 or other specified expenses.

(j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government unt allotted. ',

specified in the Schedule, unless they contain a statement increasirg the.amo t. If this contract is te this contrac (k) Nothing in this clause shall affectthe right of the Government to tetmi.rta propert y produced or le distribu tion of all terminated, the* Government and the Contractor shall negotiate an equitab *

  • purchased underthe coiltrac~ based upon the share pf costs incurred by each.

work, the Contractor is en~tled to a (I) If the .Ggvemment does not allot sufficient funds to allow* completion of the completion of the work contemplated percentage of the fee specified in the ScheduJe equalling _the percenµ3ge of by this contract (End of clau~) .

38

1.115~ ;~-4 Ctianges (~une 2007) .

(a) TIJe Contr:cic:ting Qffi~~r inay. at any tirJ;le, 1Mth9ut notice to the sureties, if any, by. written order designated or intlif;~ted to be a change order, make qhanges .in the work within the g~nerat scope of the contract, including cha~ges:-:- *

(1) tn'th~ specifica~on~ (inclµdlng dravA~gs arid designs);

(2) In the method Qr fJl'!nner of p~rformance oftlie work; (3) tn*li,e Govern~t.;fumished property or services; or (4) Directing acceleration in the performance of the. work.

(b)Any other VViitten or oral order (v.tiich; as used in this paragraph (b), includes direction

, instruction, interpretation, or determination) from the Contracting Officer that causes a *change shaU be treatea as a change order lihder this clause; Pro\4ded, (hat-the Contraqtor gives the Contracting stating - * *

  • Offic~rwritten notice (1) Th~ date, circurnstances, and source of the Qrder; and (2)*That the a Contrac;tc>F regards the order as change order.

(~) Except a~ provided in this clau~. no order, statement, or conduct of the Contrac ting Officer shaD be or treated as a change under this c!~use entitle the Contractor to an equitable adjlJs~

(d) If any change under ltiis claµse 9au~s ari increa$8 or*decrease in the Contrac nt tor's cost of, or the time required fQr, the performa,:ice of any part of th~ ~* under ~i.s contract, whettu~r or not ¢ha.ngl;ld by any such order, the Contr.acting Qfficershall make an equitable adjustment and modify the contaqt in writing.

  • However; exc~p! for an *adjustment ba~ on defective specific1;1tions, nQ adju§ltrne nt. for any ch~nge und,~r paragraph (b) of this clause shall be ~de for any costs incurred more than 20 days before the Contractor gives written notice as required. In the ca$8 of defective specifications for which th~*

~vernment is, responsible, the equitable at;ljustment shall ihc!ude any increased cost reasonably Incurred by the Contractor in attempting_ to comply with ~e d~fective specifications.

(e) Ttle Contractor must a~rt its. right to an adjus~ nt under this* cla1Jse witflin 30 days after (1) re90ipt of a written phange order under paragraph (a) of this ~*1.use or* (2) the furnish.Ing of a writl:en paragraph(~) of this cla~.*b y subrnitlihg to the Contracting Officer a written state111e notice.under nt describing the general nature and amount pf the proposal, unless this ~riod is,extend~ *f?y the Government The $temen t of proposal for adjustment ll'lcly be incl~ed in the notice und~r paragraph (b) of this cli:Juse.

(f) NQ proposal by the Contractor for an equ\~ble adjustment shall be allowed If ass.erted

. under this contract after final payment (End of clause) 39

..' PAGE !OF SOLICITATION/CONTRACT/OROJ:R ~ *,cOMI\IIERCIAi. ITEMS OFFERO R TO COMPLETE BLOGK.S 12, 17, 23, 24, & 30 MODIFICATION NO. 5. SOLICITATloN NUMBER

6. SOLiCITATICitl~~kATI!
3. AWAAOIEFFECTIIIE DATE . 4.0ROER NO.

ONTRAC;!"NO.

NRC 07-433 ~tli rlf ADM-07-433 01-10-~00 7

b. TEU:PliOt-JE NO. (No C!)llecl CaUS) ii. *oFFER DUE DAteit.OCA.l

'OR SOLICIT...TION a. NAME 30l-4i'5:.. 6S65 .

TIME 01-20-200 7 i"

  • sh~ij.ene Mccubbin 3: oonm INFORMATION CALL:

CODE _3_1-0_0_ _ _ _ tO. THIS ACQLIJSITION IS

sUEDBY U.S. Nuclear Regulato ry Commiss ion D .UNRESTRICTED OR D SET ASIDE
% FOR:

Div. of contrac ts *

  • tJ S~LL BUSINESS . 0 EMERGING SWILL BUSINESS Attn: ~arlene M¢Cubbin Mail Stop T-7-I-2 0 HUBzciNE SMALL

... BUSINESS ..

Washing ton; DC 20555 NAICS:

SIZE STJ\NOARD: D SERVIC~*DISABLED VETERAN- [ ] 8[A). .

OWNED Sw.t.L BUSINeSS 13b. RATING 12:*o,scouNT 'TERMS DELIVERY FOR Foe DESTINA*

ION UNLESS BLOCK IS N/A .D 13a. THIS CONTRACTJS A

!IATED ORQER.UNOER N/1'.

~THOD OF ~CITATION ~

1ARKEO OPAS (15 CFR 700)

D SEE SCHEDULE LJ RFD. U1FB. c...JRFP CODE l._3.....1.,...00_________~

CODE .._ 16. A0MiN1Sin£RECi 6Y DELIIIERTO U.S. -Nuclear Regulato ry commiss ion U.S. Nuclear Regula;o ry COlnmiss ion

.Div. of Contract s*

Mail *Stop T-7-I-2 wa~hingt oi:i, PC 20555 washingt ;ori DC 20555 WILL eE w.De eY CODEI 3100

,. comAAcToRJoFFERoR cooE 11 u ~]:2. q IJ;.I 1 ,fi.c1L11Y coDe 1...._.____________-11aa. PAYMENT BLUE RIDGE LIMOSNE & TOURS SERVICES INC u.s. Nuclear Regulato ry Commiss ion Division of contract s, Mail Stop T-7-I2 l1SSS Rockvill e Pike 7504 INZER ST Rockvill e MD 2pes2 SPRlNGF IELD VA 22151292 1

.EPHONENO. '

llib. SUBMIT INIIOICES TO ADDRESS SHOWN IN BLOCK 1Ba UNlESS BLOCK BELOW IS CHECKED I 17b. CHECK IF REM!TTANCE IS DIFFERENT />.ND PUT S\JCH ADDR,ESS IN OFFER D SEE ADDENDUM 20.

See CONTINUATION"Page 21. 22. 23

  • 24.

.19. . tJNll PRICE AMOUNT OUANTfTY UNIT ITEMNO. SCHeDULE ()F SIJPPUES/SeF\IIICES e

The purpose of this contract is have Blue Ridge Limousin Service provide shuttle service b_etween u.*s. Nuclear commiss ion, 11555 Rockvill e Pike, Rockvill e, MD and 6_0*03 Executiv e Boulevar d Building IEBB) to conduct official use only.

bus.iness for all NRC .badged etl)ployee s for official one-year The perio~ of performa. ~e is one.year with four options.

  • 12 months 10,171.9 2 $122,063 .04 the 1 Basic contract
  • ShUt:tle serv:ice one year from l;!ffectiv e Q.at:e 12 months 10,477, 08 $125, 72_4.96 2 Option Year 1 - shuttle Service 12 111onths 10,791.3 9 $129,496 .68 3 Option Year 2* - shucele S!=rvice 12 months 11,115.1 3 $133! 381. 56 4 Option Year 3 - Shuttle service 12 months 11,448.5 8 $137,382 .96 5 Option Year 4 - Shuttle Service (Use Reverse iam!lor Attach Adrfotional Sheets as Necessary)
26. TOTAL AWAAO AMOUNT (For Govt. Use Only)

ACCOUNTING ANO APPRDPRl~TION DATA See CONTINUATION Page.

31X0200 B&~: 740l55B t3:2 JCN: X2322 BOC: 252A --------

=*===-==-*-**-:.=*-===-*=**.o*=--*,.--... -:;;.*..:. *"'=""-'= -=**=*-* =*-~*== -=*=-=- ---~--~ ~------- '-i=;---. ==,;---- --------:

p*O:::B:::L::l.a::G::.,A:.:T.=E,.,.;:-=~***"'*

AND 52.212-S ARE ATTACHED. ADDENDA LJ ARE OARE NOT ATTACHED, 1 27a. SOLICITATI_ON INCORPORATES BY REFERENCE FAR 52.2i2-1. S2.212-4. FAR52212-3 1 27b. CONTl'!A9l/PURCHAse ORDE" INCORPORATES BY REFERENCE FAR_52.212-4.

FAR s2.2,2-5 IS ATTACKED. ADDEND/\ n ARE rx, ARE NOT AlTACHED OFFER

29. AWARD OF CONTRACT: Ref U DATED . . YOUR OffER ON S0L.ICITATJON ARE .

(BLOCK 5), INCLlJDING ANY ADDlTIQNS OR "cHANGES WHICH SET FORTH HEREIN 1$ ACCEPTED AS TO ITEMS:

31a UNITED sy,1;s OF A'!JlllCA (SIG~_.!liRE Of CO"ffAA._ RAJ11Nf OFFICER)

L U v ~ 1.1//b dJlh 31c. D/1>.TE SIGNjD

io*c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) l:J-.tJ-tJ7 Sharlene McCubbin contract ino* Officer STANDARD FORM 1')49 1 J.2,lt rr (REV. 312005)

I HORIZED FOR lOOALJ,EPRODUCTION  !"restllbed by GSA

  • FAR (48 CFR) S3.212 VIOUS EDITION IS NOT USABLE

SCOPE OF WORK TITLE: "SHUITLE SUPPORT SERVICE$ BRIEF DESCRIPTION" BRIEF Dl;SCRIPTION The U;S. Nuclear Regulatory Com.mission (NRC) is seeking a contractor to provide all .

mai,agen,~nt, suppt,es, *to~ls, equipment, vehicle$, ~r:td _labor ne(:e_s~ry t() o~~te ~ $_h_uttle to

$etvice tran~port NRC employees daily b~tvveeri N~P'S.6.0Q3 E>(ec.utive Boqlev~rd 1:lt.!ili:li119 (E.B.~); ~d. the Whit~ Fiint {WF) complex $t 11555Roek.viHePlke, Rockviile, MO lQ C(')nquct official bu~in~ss. This servjce is available to all NRC badged employees, and is. availa~I$ for official use onlyi The contractor shall ensure that personn'el (e.g. managers, mechSnics, and drivers) are qualified to perform the services established by this State.trient of Work (SOW).

SCOPE:

The Contractor shall provide one driver and one 22- passenger bus or equivalent, equipRed for acc~ssibilityt<:> person$ with disabilitie$. The NRC may, With ~uffiqient notice, reqµ~st to:foch.1de additional drives *and buses. to transJ>"ort N8G employees for major/$pe~at. events or to $dci a

,s on StC!P to. the rout~t The ntractor shall sµbrnli reports and docµmenteition, identifierJ tlie .

sow, to the NRC Project Officer (PO) or cJesignee. The *contractor sball have a *proces~ iri place to agdress any written complaints received by the NRC PO or designee regarding the drive*s conciuct .and/or dtjving.

  • TASK$:

The driver will be required to:

  • Operate the shuttle on the sche4uie, i4.eritified herein, Monday through Friday, excluding Federal holidays, unless othefWise riotified by the NRC PO or designee,
  • Remain at each location until the stated departure time as stated in the schedule.

t, Record the number of passerigers transported on each trip in a format agreed-upon by the NRC or PO designee and the contractor; .

t, Provide the written daily report of the numt.>er of passengers transported- to the po or designe~

at the end of the shuttle schedule for that day. *

  • Ensure that only NRC. employees who pre$ent transported ori the shuttle; an appropriate NRC building ID badge are
  • Transport passengers in a safe, courteous, professional , and timely manner.
  • ----- *------~ .lmmediatell_notify security personnel or ~RC PO or designee regarding any problems encount~red with NRC ~mploy~es reql!e$1ed to $.}{it the st)!Jttle fQr faih,1re to prest}nt an appropriate ID or to conduct themselves in a professional mann$r.
  • Maintain the scheduled departure times for each location without co1J1promising the safety of the pa~s~f!gers. . .

"' Operate the shuUle on the regular schedule during inclement weather unlas$ notified by the NRC PO or designee to modify the schedule of terminate sh~ittle sei"Vicf:s.

  • Notify the NRC PO ot designee if ihe safety of the passengers is in jeopartjy beoa,use of inclement weather conditions, mechanical condition of the shuttle, or other conditions that may create a safety hazard. * *
  • No!ify the identified NRC point of contact at e$c.'1 location by telephone if the arrival and/or departure time will be delayed 15 mi~ut~ or niQre or any other ¢.h~ng~ . . . in the sch&dlde.
  • A lunch period is also designated in the schedule SHUTTLE SCHEDULE:

Shuttle servic;e is required Monday through Friday, except Federal holidays, beginning 6:30 a.m.

at the Two White Flint North (TWFN) to transport NRC employees to the 6003 Executive Boulevard Building (EBB). The shuttle bus will be required to operate as indicated in the schedule below: *

  • AM SCHEDULE PM SCHEDULE LV: 6:30 a.m. TWF'N
  • LV: 12:30 p.m. TWFN LV: 6:50 a.m. EBB LV: 12:50 p.m. EBB LV: 7:15 a.rn. TWFN LV: 1:15 p.ni. TWFN LV: 7:35 a.m. EBB LV: 1:35 p.m. EBB LV: 8:00 a.m:TWFN LV: 2:00 p.m. TWFN LV: 8:20 a.m. EBB LV: 2:20 p.m. EBB LV: 8:45a.m. TWFN LV: 2:45 p.m. TWFN LV: 9:05 a.m. EBB LV: 3:05 p.ni. EBB LV: 9:30 a.m. TWFN LV: 3:30 p.m. TWFN LV: 9:50 a.m. EBB
  • LV: 3:50 p.m. EBB LV: 10:15 a.m. TWFN ** LV: *.4:15 p.m. TWFN LV: 10:35 2.m. EBB LV: 4:35 p.rn. EBB LV: 11:00 a.m. TVVFN LV: 5:00 p.m. TWFN LV: 11 :20 a.rn. EEIS LV: 5:20 p.m. EBB Vehicle to park at twFN LV: 5:45 p.m. T\IVFN Note: 11:30 -12:30 (Lunch LV: a:os p.m. e*ae And Fueling of vehicle) AR: 6:30 p.m TWFN NRC reserves the right to change or cancel the above scheduled times after providing the contractor a 5-days written notice.

SHUTTLE REQUIREMl:NT:

Buses used under this contract musi be:

--- -----.--* Three (3) years old or lesi at the start of the period Of the contract and in safeby Quality - --------- -

mechanical condition. The contractor must not use buses that have been identified Assurance Evaluator (QAEs) as having mechanical or safety defects.

  • . CleanE~ct and. O'liln\ajn~~ In, l:[l _prc;>f~l?s.i9nal. mannir (~.g-~ em~r.iPOVti,t~b~ at 1,,s~ on~e pet.

week, more often during inclement weather: interior cleaned and free of trash, food, newspapers,

glim; e.tc.: seats free of st.ai11s: exte~or free of adv.ertising; gnaffiti_~nd*slogans.,

except company na_me or NRC sign~ge (I\IRC $HUTTI..E)on all three sides of.the bus).

  • Drivers providing services under this contract must:
  • Maintain a neat groorned appearance at all times, including a clean ancf profess uniform free from_ stains and Odors* and advertisements or siogans except the .compa ional dnv$r's name. ny and
  • Refrain from vulgar or prof~ne fanguage* and maintain a polite, courteous, and
  • profession&l .dem~anor at all times while on *the job. ..
  • Refrain from eating or drinking while transporting NRC employees.
  • Have a valid state motor yehide operator's license in his/h~t possession at all times.
  • Have an excelient driving record.

PERSONNEL:

Tne. contra~tor ensure that aH c;:otrtractor employees, subcontractor and grantee s hired to perform work Urider this ~ntrac t are citizens of the United. States or, if aliens have the approp riate permits to work, and are able to communicate in English; Th.e contractor shall also ensure thilt 1;111 personnel (e.g. mechaniC$ and bus drivers) are qualified to perform the services sow. stated in the Access to NRC Facilities A oontractor employee shali not have access to NRC facilHies .until he/she is approve d by security er~nch, QMsion of Facilities and Securjty (SB/0.FS,). TempO:rary aecess may be approved based on a favorabl~ aciju~iication of their se~rity forrris. Final a~ss will rappr()v.e(f bas$d of favorably adjud.icated backQround che.c:ks by General Servic,es be Admini$tration in accordance with the procedures found in NRC Management Directiv .

e 12.3,.

Part I. However, temporary access authorizati.on apprQval will be revoked 11nd the employee may subsequently be removed from the 9ont~ct in.the evenfthe employee's irive.stiga~on carme>t be favo~bly i!ldjudi~ed., Suct:i employee will not be authorized to work under any NRC contract Without the approval of SB/DFS.

The Government shall have and exercise full and complete control over g~nting, d~nying, withholding, or terminating building ~¢ce$s approvE1ls for individuals performing work und~r this conti'$ct. Individuals perf<?rming work un~er this qorttract shafl be required to comple submit to the contractor represen~tive as acceptable GSA Form 176 (Statement te and Qf Personal History), and two FD.258 (Fingerprint Charts}. Non-U.S. citizens must provide official documentation to the* DFS/SB, as proof of their legal residency. This docum~t*tion

... **- _-*---*Permanent Resident Card; TemporaJY. Work Visa, EmRloY.ment Authoriz can be a ation Card, or other official docum$ritation issued by the ~-S. Citizenship and lrnn,igration. Setvioe

s. Any with less than two years residency in the U.S. will not be approve~ for building access.applit;ant contractor representative wilf submit th~ docurnents to the Project Officer who The will give them to the SB/DFS. SB/OFS may, am9ng other things, grant or d~liy temporary imesco rted building a~~s. app~va l J~ a.rt tr:ufivi_qu~I b~s.ed ~pon i.i~ .~vte.w t;,f ffi.~Jn.f.o~aijon ~rrt,in Form 176. *Also, in the exercise of jts authority, GSA may, among other things, ~ in th, G~A gremt or deny.

permanent building access .approval based on the r$sults of* itJ inve~tigatie>.n ~nd adjudipation guideline$. l'hjs submittal re.quirement also applies to the officers of the fjm, who) -for any rej:ison, niZ=Y visit t_he work sites for an extended period of time during the term of the contract.

In the. event that $8/DFS and GSA are unable to grant a temporary or permanent bllilding access approval. to any-individual performing work under this contra(:t, the contractor is tesponsibl~ for assigning ~nother individuai to perform the .necessary function 'without ~ny delay in the contract's performance schedule, or without adv~rse impact \o any other terms of. conditions of the C9nfract. ihe contractor is responsible for informing those a~ected by this procedure of ~he .

required building access approval process (i.e., temporary and permanent detenttinations). And the possibility that individuals may*tie required to ~it umil perma.nent building acce$s approvals are granted before beginning work in NRC's building.

BONDING:. ,

The contractor must maintain $5,000,000.00 liabiiity certification with the.WMATC for vehicle owned or operated under th1$ contract.

    • ---**-- -*-----~ -~--~-- --------- --------- --------

Tab le of Contents SEC TIO N A .........................................~ .......

..................... .................;.. ~~!'******~~***********~*******************

A 1 SF 1449 SOL,ICffATION/CON1RACT ~** A-1

/OROER FOR COMMERCIAL ITEMS ..............

... A*1

.SECTION B

  • CQNTINUATION BLO'C*K *&1*******~*******************~!1'****"*******u*********~********~***
  • ~***** **************** 8*1 S'=c t10N *c **CONTRACT CLAUSES **-~*******************~;.......... ~*******~***********a:************ia C.1 NOTICE LISTING CONTRACT .CLAUSE

,iiiiii,., ..*.... ........ c~1 S INCORPORATED BY REFERE:NCE ............

C.2 52*.252-2 CLAU$ES INC9RPORATEIJ C-1 C.3 52.212~5 CONTRACT TERMS AND BYREFERENCE (FEB 1998)'.*****************:*......

CONDITIONS REQUIRED TO IMPLEMENT C-1

.* . EXECUTIVE ORDERS--COMMERCIALJTE STATUTES OR MS {No\/206:e); ......................... :: ............. C-1 C.4 52.21~*.17 SECT19N,8_(9-) AWARD (DE C 1996) ... , ........................................................

Q.5 PROJECT QFFICE;R AUTHORITY (FEB C-5 .

2004 C.6 52.217;.8 OPTION to EXTEND SERVICE )........... ;,., ....*...............*... ,.... ,................... C-8

$ (NOV 1999)., .......*...................*................

C. 7 52.217-9 OPTION TO EXTEND THE C-,7 TERM OF THE CONTRACT (MAR *2000) ..*....

C.8 DURATION QF CONTRACT PERIOD (MAR 1987) ALT ..... C ..8 C.9 OETERMINATlQN OF MINIMUM WAG ERN ATE 2 (MA R 1987 ) .... ;....... C-8 ES AND FRINGE BENEFITS (NOV 1989) .......

  • ,C.10 2052.204;70 $ECURITY (MAR20 ,. C-8'
04) ;...... ,.............................. : ............................

Q.11 SECURITY REQUIREMENTS FOR BUIL ....... C-8 .

DING ACCESS APPROVAL {MAR 2006) ...

C.12 52;228-10 VEHICULAR AND GENERA C-10 L PUBLIC LIABILITY INSURANCE (APR 1984 Q.13 SEAT-BELTS.......... ;,., ...... '. .. ;.............. )0-11 C. 14 Cornpliat1ce with U.S. Immigration Law ,... C-11 s and Regulations ........... ;........................ ;......

SECTION D .. CONTRACT DOCUMENTS C-11

. , EXH . IBITS, QR ATTACHMENTS .......

....;.................... 0-1

NRC-10*07-433 . Section a SECTION B

  • CONTINUATION 1;3LOCK B-1

\

NRC*10*07*433 Section C See attached document SOW.

SECT ION C

  • CONTRACt CLAUSES

)

C.1 NOTIC E Ll$TIN G CONTRACT CLAU SES JNCORPOR ATED BY Rl:FERENCE

. The following contract clauses pertinent to this section are hereby incorporated by r$ference (by Citation Number; Title, and Da.te) in accordance with the claui3e at FAR '11s2.as2

-2 CL.AUSi::S INCORPORATED BY REFERENCE" in Section I of this contract . See FAR 52.252~2 for an internet address (if specified) for electronic access to the full text pf a clause.

  • I NUM6!:;R TITLE . DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1).

52.204-1 CENTRAL CONTRACTOR REGISTRATION JUL 2006 52.204-9 PERSONAL IDENTITY VERIFICATION OF NOV2ode

  • QC>NTRJ\,CTOR PERSONNEL .

52.223-6 52.237-2' -~~~E ~~TgNwc?t~6~~~MENT BUILDINGS, EQUIPMENT, AND VEGETATION ..

MAY 2001 APR 1984 52.233-4 APPLICABLE LAW CONTRACT CLAiM FOR. BREAC . .

H. OF

. OCT2004 C.~ 52.25 2-2 CLAUSES INCO RPOR ATED BY REFERl;NC E (FEB 1998)

This contract incorporates one or mer$ cl~use_s by refer.encei with the same force arid effect as if they were given in full text Upon request, th~ Contracting Officer will. tnake their full text available. Also, the full text of a clause may be accessed electronically at this/these address{es):

http://www.arnet.gov/far 52.228-5 INSURANCE-:-WORK ON A GOVERNMENT JAN 1997 INSTALLATION C.3 52.21 2*5 CONTRACT TE:Rl\!IS ANP .CONDITIONS RE-QUIRED TO JMf>>LEMENT STATUTES OR

    • ---- EXEC

-,---- UTIVE

-* OROERS--COMMERCIAL ITEMS (NO\L2006}_ __________________

(a) The C9ntractor shall cqmply with the following Feperal AcqlJrsition Regµli:ltio.n (FAR) clauses, which are

  • incorporated in this contract by reference, to implement provisions*

of law or' Executive orders applicable to acquisitions of commercial items: .

(1)52.233~3. *Protest after Award {AUG 1996)(31 U.S.C. 3'553),.

C-1

f1 NRC-10-07~433 {) Section C (2)52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L: 108-77, 108-78) *

(I:>) The Contractor shall cornpiy with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to 'impleme.ht provi~ions of law or Executive orders applicable to acquisitions of commercial items: [Cc>ntracting Officer check a$ appropriate.)

a (1) 52.203-6, Restrictions on Subcontractor Sales* to the Government (SEP 2006), With Alternat~ I (OCT 1995)(41 u.~.c. 253g and 1p u.s.c. 2402).

a(2) 52.219-3, Notice of TotaJ HIJBZone Set-Aside .(JAN 1999) (15 u.s.c. 657a).

a(3) 52.219*4, Notic,e of Pri~e Eyaluc1tion Preference for HU6Zone Small B.usiness Qoncerns (JUL 2005) (if offer) (15 U.S.C. 657a),

the offoror elects to waive the pre,ference, it shall so indicate in its

[ ] (4) [Reserved]

a(5)(i)52.219-6, Notice of Total $mall Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

D(iij Altemeite I (OCT 1995) of 52.219-6..

a(iii) Alternate JI (MAR 2004) of 52;219-6.

D(6)(i) 52.219-7; Notice of Partial Small Business Set--Aside (JUNE 2003) (15 u:s.c. 644).

U (ii) Alternate I (OCT 1995) of 52.219-7.

U (iii) Alternate 11 (MAR 2004) of 52.219-7 ..

a (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004)(15 l,J.S.C. 637 (d)(2) and (3)).

a (8)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2006) (15 u.s.c. 6~7(d)(4)).

D (ii) Alternate I (OCT2001) of 52.219-9.

D (iii) Alternate II (OCT 2001) of 52.219-9.

a (9) 52.219-14, Limitations on Subcontracting (DEC 1996)"{15 U.S.C. 637(a)(14)).

O(10)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Busine~s Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

D(ii) Alternate I (JUNE 2003) of 52.219-23.

O (iii) Alternate II (OCT 1998) of 52.219-23.

O(11) 52.21'9-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and

--Reporting*(eer-1999}*(PtJb:*t:*1"03;-355-;*section-7*1-f)zjand:._1 e*l:J:S:e.-2$23*). * - * - - * - - - * ----

a (12) 52.219-29, Small Disadva!')taged Bµsiness Participation Prqgram--lncentive Subcontracting (OCT.

2000) (Pub. L 103-355, section 710?, and 10 U.S.C. 2323).

O(13) 52.219-27, Notice of Tota1 Servlc:e-Disabled Veteran-Owned Small Bus*iness $et-Aside (May 2004)

O(14) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

C-2

NRC-1 Om07*433

. D(15) 52,222-19, Chilcl Labor--Cooperation with AuthOrities '.and Remedies (JAN 2006) (E.O. 13126).

O(16) 52.222-21, Prohibition of Segregated Fac ilities {FEB 1999).

[] (17) 52.222 ..26, Equ al Opportunity

{APR 2002) (E.O. 11246).

O (18) 52.222-35; Eq~al QpportunJty for Special Other Eligibl~ Veterans {SEP 2006) Disabled Veterans, Veterans. of the Viet (38 U.S.C. 4212). nam Era, and.

0 (19) 52.222-36, Affirmative Actlon*for Workers with Disa bilities (JUN 1998) (29 U.S.C. 793).

a (20) 52.222-37, Employment Reports on Spe~ial Disabled Ve.terans, Veterans of Other Eligible Vete~n~ (SEP 2006) the Vietnam Era, and (38 u.s.c.1212). *

  • a {21)52.222-,39*, Notification of Employee Rights Oonceming Payment of (E.0.132 0f~' ,
  • Union Dues or:Fees (DEC 2004) 0 (2.2)(i} 52,22:3..9; Estimate of Percentage of Recove (AUG 2000) (42 U'.S,C. 6962(c)(3){A)(i red Material Content for EPA~Oesigri i)). ated Products 0 (ii} Alternate I (AUG 2000) of52.223*9 (42 U.S.C.*

6962(i)(2)(C)).

O (23) 52.225..;1, Buy Am ~ric an Act--Supplies (JUNE 2003) (41 u.s:c. 10a-1,0d).

D (24),(i) 52.225-3; Buy Am!3rican Act--Fre .

1oa:.10d, 19 u.s.c. 3301 note, 19 U.S e Trade Agreements.;.. Israeli Trade Act

.C. 2112 note, Pub. *L 1oa~11, 108-18, (NOV 2006) (41 U.S.C.

108-286; 109-53 and 1_03-169).

U (ii) Aiternate l. {JAN 2006) of 52.225~3.

o (iii) Alternc1te 11 (JAN_ ?006) of 52.2~5-3.

O (25) 52.225-5, Trade Agreements (NOV 200

6) (19 LJ.S*.C; 2501, et seq., 19 u.s.c.

3301 note).

[1 (26) 52.225-1-3, Restricti_ons on p~rt ain1Foreign Purchases (FEB 2006} (E.O statutes ac!minJstered by the Office of .s; proclamations, and Foreign Assets Contrql of the Dep_artmerit of the Treasury).

a (27) 52.226-4, Notice of Disaster or Eme rgency Area Set-Aside (42 U.S.C. 515 0}.

{] (28) 52.226~5. Restrictions on Sub contracting Outside Disaster or Emergen cy Area (42 U.S.C. 5150).

[] (29) t52.232-29, Terms for Financin u.s.c. 2307(f)). g of Purchases of Commercial Items (FE B 2002) (41' U.S.C. 255(f), 10

[J (30) 52.232-30, Installment.Paymen 2307(f)). ts for Commercial Items (OCT 1995} (41 U.S.C. 255(f), 10 U.S.C;*

D{~1) ~2.432*33, Payment by Electronic Funds Transfer u.s.c. 3332). -.. cen ttal Contractor Registration (OC T 2003) (31 a (32} 52.232-34, Payment by Electron

  • 1999) (31 U.S.<;. 3332). ic Funds Transfer*-Other than Central Contractor Registration (MAY 0 (33) 52,232-36, Payment by Third Party (MAY 199
9) (31 U.S.C. 3332).

C-3

NRC-10-07-433 Section C 0 (34) 52.239-11 Privacy or Security Safeguards {AUG 1996) {5 U.S.C. 552a).

O (35)(i) 52.247*64, Preference for Privately Owned U.S.*Flag Commer~ial Ve$sels (FEB 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S:C. 2631). .

D (ii}Alternate I (APR 2003) of 52.247*64.

(c) The Contractc?r $hall comply with the FAR clauses in this paragraph (q}, applicable to commercial services, that the Contracting Officer has indicated as being incorporated i_n this contraqt by reference to

  • implement provisions of law or.Executive orders applical;>.le to  ;::icquisitions of commercial items: [Contracting Officer check. as appropri~te.]
  • a (1) 52.222-41, Service Co11trai::t Act of 1965, as Amended (JUL 2005) (41 U.S.C. 351, ef seq.).

U (i) 52.224-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

a (3) 52.22~:-4~, )=air Lal;>or Standards 206Act and Service Contract Acl..-'Price Adjustrnent (Multiple Year and and 41 U.$.C. 351, _et seq.).

Option C_ontracts) (NOV :2006) (29 U.S.C.

a (4) 52.222-44, Fair Labor Standards Act and Servi.ce Contract Act--.Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(d) Comptrol_ler General Examination of Record. Th~ Contractor shall comply with the provisions of this paragraph ( d) if this contract was awarded using other than sealed bici, is in excess of the simplified acquisition threshbld, and does not contain the clause at 52.215~2. Audit and Records--Ne9otiation.

(1) The Comptroller General of the United States, or an authorized. r~presentative of the Comptroller General, shall have access to and right to examine any of tile Contractor's directly pertinent records involving transactions related to this confra¢t. **

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidenqe for examination, l;!Ud,ft, Oi' reproduc~ion, until 3 years* after final payo,ei'lt iJnd~r th.is cqntracl or for any shorter perioc:i specified in FAR Subpart 4.7, Contractor Records Retention, oftne other clause~ of this contract. If this contract is completely or partially terminated, the rt:i'cords relating to the work terminated shall be made availa.ble for 3 years after any resulting final termination settlement. Records reiatlng to appeals u_nder the disputes clau!?e or to ljtigation or the settlement of claims arising under or relating to thii; contract shall be made available until such appeals, litigation, or cl~ims are finally resolved.

(3) As used. In thi1S clause, r~cords iflclude books, documents, accounting procedures and practices, and other data. regardless of type and regardless of form. This does not req\Jire the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business.or pursuant to a provision Of law.

-- -(-e)f11-Netwithstanding-the-requlrements-0Mhe-ctausesin-paragraphs-(a*J.(b);:tc)-;-cand'{"dJtsf tl11s~lauS,e,the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless oth~rwise indicated below, the extent of the flow down shall be as required by tt,e ciause"'- * *

(i) 52.219-8, Utilization of Small_Bt,Jsines;:; Concerns (May 2004) (15 u.s.c. 637(d)(2) and (3)), iri all

. subcontracts that offer'further subcontracting opportunities. If the subcontract (except subcontracts to small.

C-4

NRC*10*07-433 business conqems) ex.ceed.s .$Q50,0 Section c 00 ($1,000,000 tor construction pf rnust include 52. 219 -8 in iower tier any public f~cility), the subcontractor subcontracts that offer subcontracting opporti.mities.

(ii) 52.222.,26, Equal Opportunity (April 2002) (E. 0. 11246).

(iiiJ 52.222-:35, Equal Opportunity for Special Disabled Veterems, Vet Eligible Veterans (SEP 200 6) (38 erans pf tile Vietna111 Eta, and Other LJ,S.C. 4212);

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(v) ~2.222-39, Notification of E.m ployee Rights Concerning Payment (EO . 13201}, of lJoion Dues or Fees (DlSC 2004)

(\ii)52.222..41, S~rvice Cpntr~ct Act of 1.965, as Amended (JUL2005) subcontracts subj~ct to the Service , flow down required for all Contract Act of 1,965 (41 U.S.C. 351

, et seq.).*

(vii) 52.247-64, Preference f9r Priv ately Owned U.S:~Flag Commercia Appx 1241(q) and 10 U,S;C. 26~1). l Ves$eis (FEB 2006) (46 U.S.C.

52.247-64. . Flow down required in accordance with paragraph (d) of FAR clause (2) W~ile not requited, the contrac .

tor !TIBY inch,.1de in its svbcontracts number of additional clauses necess for commercial items a minimal ary to s~tisfy.its contractual obligat lons.

C.4 52.219-17 SECTION 8(a) AW ARP (01:C 1~96)

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

( 1) To furnish the supplies or serv ices set forth in the contract accord and conditions by sub9ontr~cting with ing t9 the specificijtions and the term the Offerer who has been determin s provisions of section 8(a) oft he Sm ed all Business Act,.as amended (15 U.S an eligible concern pursuant to the*

.C. 637(a))..

(2) Except for riovatioh agreement s a.nd advance payments, delegate Commission the responsibility .for adm s to' the Nuclear Regulatory inistering the contract with cgmpiete behalf of the Government under the authority to. take any action on terms arid. conditions of the contrac contr1;1cting agency sha_ll gfve advanc t; provided, however that the

~ notice to the SBA before it issues the subcontractor to proceed with a final notice terminating the right of further performance, either in whole or in part. under the contract.

(3) That payments to be made und contracting activity. er the contract will be made directiy to th.e subcontractor by the (4) To notify the Nuclear Regulat

... subcontractor*that-the--owner-or own ory Commission. Contracting Officer immediately upon notification by ers-upon-whonr8(aj eligibility-yvas the control of the concern. -~as*ed*pfarrtrnelinqaistrown-e-rsf

  • tfp1:w---*-*

(5) That the subcontractor awarded the cognizant Contracting Officer und a ~ubcontract hereunder shall have th*e right of appeal from decisions er the "Disputes" clause of the subcon of tract.

C*5

Section C NRC-10-07-433 dges.that it wilt, for and on behalf of the SBA, fulfill and fb) Th~ bffE?ror/subcontractor agre~s and acknowle

  • perform all of the requirements ofthe contract.

ontraci the performance of any Qf the r~~uir~ments of (c) The offeror/subcoritractor agrees that it wlll not subc izant ut the prior written approvl:11 of th_e SBA and the cogn this subqontract to any lower tier subcontractor witho on.

Contracting Officer of the Nuclear Regulatory Commissi c~s PROJECT.OFFICER AUTHORITY (FEB 2004) hereinaft$r referred to as the project officer for this (a) The contracting officer-'s authorized representative contract is:

Name: Reginald T. Stansbury Address: lJ. S. Nuclear Regulatory Commission One White f=lint North 1155 6 Rockville Pike, MS OP1-37 Rockville, MD 20852-2738 nrc.gov Telephone Number: * . 301-415-2095 email TRS@

ct officer.

(b) Performance of the work under this con_tract is subject to the technical direction of the NRC proje following:

The term "technical direction" is defined to include the of work or tasks.,

( 1) Technical direqtion to the contractor which shifts work emphasis between areas mplated in the Statement of dule (i.e., travel not conte authorizes travel which was unanticipate,d in the Sche ified in the SOW), fj!ls in details, or otherwise serves to Work (SOW) or changes to specific travel ident accomplish the contractual SOW.

ical (2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or techn portions of the work description.

  • approval of technfoal reports, dr~wings, 1:,pecificatlo 11s*, and (3) Review and, where required by the contract, rnment under the contra ct.

technical information_ to be delivered bY the contractor to. the Gove r

ment of work stated i~-the contract. rhe project office (c) Technical direction must be within.the general state

  • technical direction which: .

does riot have the authority to and* may not i$Sue any ral scope of the contract.

( 1) constitutes an assignment of work outside the gene

" clause of this contract.

(2) Constitutes a change as defined in the "Changes or the (3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, time required for contract performance.

spe-cifications*of the* cont ract *---~ ---*** ----..

- {47 *ehanges-any-of-the-expressed-terms;-*conditions;-or*

te arising under the contract, or issues any unilateral (5} Terminates the contract, settles ~my claim or dispu directive wheitever.

by the project officer or must be confirmed by th~

project (cl) All technical directions must be issued in Writing direction must be

  • officer ih writing. within ten ( 10). work l ing days ~fter verbal issuance. A copy of the written C-6

NRC'!'10..07.43~

furnished t<;> the contracting Section C office Which has rec eiv ed final appro r. A copy of NRC Form 445, Request for* Approval of val from the NRC n,ust be fur ()fficial F'or~ign Travel, nished to the contracting offi cer, *

( e) The (?Ontractor shall procee project officer in the manner d promptly \11/ith the performance of technica prescribed by this clause and l directions qtll provisions of this clause. within the project officer's au y issuecJ by tne thority under the (f) If, in the opinion of th~

contractor, an.y instruction or the categories as defined in direction i$sued by the projec paragraph (c) of this section t officer is within one of contrac;:tirtg officer iri writing , the contractor may not pro within* fjve (5) working days cee d but shall notify the request the pontrac;ting offio~ after the*receipt of anY instru ction or direction and shall r to modify the contract accord 9ontractor-; the contracting off ingly, Vpcm r~cEi!iving the not ifio writing that, in the contracting r shall i$sue ,an apprt>pri~te .cqntr~ct modmcation pr advise atlqn from th~

ice officer's opinlori; the technical th~ contractor in does* not constitute a change direction is within the scope t.:nder the "Changes" clause of this article and (g) Any unauthorized commit ment or direction issue~ by in the contraq1or's performan ce 8f'ld may ev~n result in the the project officer may result in \:IA_

under the contract. unneqessary delay contractor expending funds

  • for unallowable costs (h) A failure *of the parties to
  • ag ree upon the nature oft he ins be taken with respect thereto is subj_ect to 52.?33.1 . Disputes.truction or djrecUon or upon the contract action to (i} In addition to providing ,t~

Sh at ct,nical direction as define d in paragraph (b) of the sec tion; the project officer (1) Monitor the contractor's tec recomrrien(f to the contr~ctin hnical progress, including surveillance and assessment g officer changes in requireme of performance, and nts: *

(2) Assist the contractor in the

  • resolutio_n Qf t~chnical proble ms encountered during perfor mance.

(3) Review all costs reques~ed

. for reir.nbursementby the con recommendations for approval tract~r and submit to the con

, disapproval, or ~uspension tracting officer under this co ntr ac t of payment for supplies and

  • services required (4) Assist the contractor in ob taining the badges for the con

. tractor personnel.

(5) Immediately notify the .

Secur ot contractor employee no longe ity Br~nch, Division i=aciiities and Security (SB/DFS)

(via within three days after their terr requires access authorization and return of anyNRC issue e~mall) when a mination."

  • d badge to SB/DFS (6) Ensure, that ~JI contracto r employ~es that require acc Information or matter, access e$s to clas~ifi.ed Restricted Da to sensitive unqlassifi~d info ta pr Nafior:1al Security Proprietary information) access rmation ($c:1feguards, Officia t<<:> sensitive IT *system$ or d~t l Use Only, and' buildings/space, or unescorte a. ur:iescorted access to NR C cqntrolled
  • d access to _profect~d arid vita SB/DFS prior to access in acc l area$ of nucl~ar pqwer plants ordance with Managem_en recelve approval of

-- -- -'- -- -- *- *- _________,,___________ t Directive ~hd Handbook 12; 3.

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require specified in thl:l contract. Th qontinued performance of any ese rates may be adjusted onl services within the limits and y as a result of revisions to pre at the rates vailing labor rates C-7

~ NRc~10-07.,433 f'. Section c the tot~I provi~ep py the Secretary of L,abor. The optio n provision may be exerciseq more than once; but

  • racting Officer may exer cise the ed 6 months. The Cont extension of petformance hereunder shall not exce **

30 days.

option by written notice to the Contractor within M OF THE CONTRACT (MAR 2000)

C.7 52.217-9 OPTION TO EXTEND THE TER n 30 days; contract by writter notice to the Contractor Withi (a) ThE? Government may extend the terrn of this t to exten d at least 45 or a prelimitiary Written notice of its inten providid that the Government gives the Contract nt to an exten sion.

notice does not coriirriit the Governme days before the contract expires ..The preliminary this option extended contract shall be considered to include (b) If the Government exercises this option, the clause.

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

R 1987 ) ALTERNATE 2 (MAR 1987)

C.8 DURATION OF CONT~ACT PERIOD (MA this and will expire on March 18, 2008. The term of This contract shall commence on March 19, 2007 rnment for an additional 4 years.

contract may be extended at the option of the Gove AND FRINGE BENEFITS (NOV 1989)

C.9 DETERMINATION OF MINIMUM WAGES be pakl ctor performing services under this contract shall Each employee of the Contractor or any subcontra rtment of leas t the minim um allow able mon etary wage and fringe benefits prescribed under: the l).S. Oepa at Section J for List of Attachments).

Labor Wage Determination which is attached (See C.10 20~2 ..204.70 SECURITY (!V1AR 2004) es. and irements (NRC Form 187). The policies, procedur (a) Contract Security and/or Classification Requ 12.1 , "NRC Facility agement Directive (MD) 12 (including MD criteria of the NRC Security Program, NRC Man .Pers i;mne l mation Security Prograrn;I' MD 12.3, "NRC Security Program; MD 12.2, "NRC Classified Infor ications Systems Security Program;'; MO 12.5 , "NRC Security Program;" MD 12.4, "NRC Telecommun ation

" and MD 12.6, "NRC Sensitive Unclassified Inform Automated Information Systems Security Program; MD is contract, subcontract or other activity. This Security Program;'), Eipply to performance of this 187 (See gh fully set fc;>rth herein. The attached NRC Form incorporated into this contract by reference as thou prime security and classification requirements to List of Attachments} furrlshes th~ basis for proyid~ng onship rs) who have or may have ah NRC contractual relati contractors; subcontractors, or others (e.g., bidde ss to or National Security Information or matter, acce that requires access to classified Restricted Data (!]'_l_fil§tern.~---

ds), access to sensitive Information Techn9logY._ vital sensitive unclassified information {e.g., Safeguar and ings/space; or unescorted access to protected or data, unescorted access to NRC controlled.build areas of nuclear power plants.

erly Security Information, Restricted Data, and Form (b) It is the contractor's duty to protect.Nation~! s and c~ with. tt)e CommlssiQn's.securify regulation Restrict~q Data. tne cbntract9.r ~ha!I, in. a9c9rq~n Security lhform*atlon, Restricted Data, and Formerly nal require!TIE:!hts, be re,sponsible for protecting Natio ts and for protecting agai nst sabo tage , espionage, loss, and theft, the classified documen Restricted Data, and C*B

NRC-10-07-433

  • material in the con tra cto r's Section c posseS$jQn in. ~onnection with a.s otherwise eipressly provid the perfo~mance of. work t;inder ed ih this contract, the contrac this ~ontr~ct. . Except contract. transmit fo the Comr tor Eihall, upon c,ompletii;>Ji qr term under the contractor's contro j,i~sion any cla~sified matter in the possession of the contrac ination of this l in conriectio.n with performanc tor or any person

~my classified rn~tt~r is r~quirE e of this contract: If rettmUon ld after the completion or terrnin by the contractor of approved by the contracting officer, tne contr?1qt9r shall p¢m ation of- (he. contr~ct and the rete,ntiAn is the Commission specifying the pll3te a (;ertjficate of .pQssessio n to be fornished to type~ Of c~tegqries of rnatter retcla~sified .n1atfet to be retained. the certification m1,1st.itll?l'l{ify retenti6n, 1f known. If the ret ent ain ed, the conditions governing the r~tf?nt the itemi:; and ion is approved by tile *contra ion Of the matter ~fnd tneir period continue to b? applicable to th~ cting :officer; the security provis pf matter retained. ions of the contract (c) In connection with the per formance of the work under this may dev13lop or acquire, sE!feg contract, the contractor may oe uar furni~h~d 1 or inform~tic)fi, incluqirig Qornmi~*f qs infqrm~tioh., o.r con~pei11tial or j:)tiyileged technical, business;

)ion plans, internal data protected byfina pla ns, polic!es1 reports, financial or ncial Privacy A¢f of1 97 4 {Pub. L.

93.579), or.other Information the been determined *by the Comm wh ich has not been released to the sflall ensure.that inJorrrii;itjpn prq ion to be 9therwis~ e?(empt trom disclosure to the. public. The iss public or has t~cted from ptiblic disclosure contractor and policies. as citep in this con is maintained as required by NR tract pr as otherwise provideq G regulati9ns lndirectly duplicate; dissemina by tl'le NRC; The contractor wiil organization except a~ may l:>e te; or displose the information in whole or ih part to any other per not directly or nec son return the information the Co ess~ry to_p~rform the Work under this contract The contractd or to Failure to comply with this cla mm iss ion or oth erw ise diSPOl?e of it at the direction of r a*grees to use is 9roui1ds for termination the ~ontracting officer.

of this coritract *

(d) Regulations. The con tra .

cto r agrees to conform to all Commission which are subjec security regulati9ns and require t to change as directed by the ments of th.e the Contracting Officer. ihe se NRC change$ will I:>~ under the atJtllo Qivision of Facilities and Security (DFS) and this document. rity of the FAR Changes clause

  • referenced iii The contractor agree*s to com ply with the security re,quir@rne NRC Facility Security Prog.ra nts set forth in NRQ Managem hi wflicM is incorpi:m:it~d into this ent Directiv~ 12.1, herein. Atteritlon is dire.cted sp con ecifi~lly to the section titled "In tract by r~ference as though fully set forth "Administrative' Actionslland "Re fractions and Violations," includ porting Infractions.II ing (e) Definition of National Secur iW means information that h~s bee~. lnfonnaticm. The term National $.ecurity Information, as used in require protection against una determined pursuant to Execu this clause, uthorized di~clpsure and tha t tive Order 12958 or any predec is so designated. ess or orderto (f) .Definition pf Restri~ted pa design, m!:lmifacture, or utili2i3 ta. The term Restricted Data, as us.e i;i in. this. clause; means all dat duction of spe,ciai nuclear mater a concerning t1on of ato111i_c weapons,; t.he pro special nuclear mated~, in the prpd1,1ction of *energy, but dqes ial; *or the use of .

the Restrict~.d Data c~tegocy not include data declassified or pursuant to Section 142 of the removed from Atomic l;nergy Act of 1954, as amended.

(g) Definition of Formerly Re str ict~ d Data. The term For all data removed from the Re meriy Restricted Data, as used stricteo Data c.ategory under Se in* this clause, mean~

amended. ction 142,.d of the Atomic Energ y Act of 1954, as

-- (h}*Definitiorr-of-Safegoards

    • fnformation:-SefrsitiV8"lrn""tli:f detailed security measures of ~ifiecrmformation fliat specifica*

a lice llyfdentifies th e- *-* *-- -.-

or security measures for the phy ns~e or an applicant for the phy:~ical protection of special sical protecti9n a11d location of nuclear material; production of utilization faciliti certain plant equipment vital to es. Protection of this .inform ation is required pursuant to Se the safety of

(i) S~c:urity Clearance. The contractor may not permit any Formerly Restric.ted Data, or oth individual to l)ave access to Re er classified information, except stricted*oata; in accordance with the Atoinic En erg t Act of C-9

NRC- 10*07 -433

$ec~ion C requirements applicable to the particulartype or .

1954, as amended; ~nd the Commission's regulations or catego!Y of classified information to which :access is requir ed. The contractor s~atl also execute a Standard .

, when access to classified friformation ls required.

Form *312, Classified lnformation*Nondisclosure Agreement

  • i- '

National Security lnfonriatloh, ~estricteQ Data, and

{j) Crimll)c\il l,.iabiliti.es. It is understood that disclosure of to hereu"'(ier any persbri not ~ntltl.~d to .

ordered Formerly Restricted Data relating to the work or servip13s any RestricteQ Data, Forni ~rly Restricted Data, or any pther classified ma.tter receive it, or failure to safeg uard contractor's control in connection with Work under this that m~y cqtne to .t'1e contractor or any person. under the yees, or subcontractors to *criminal liability under the con~ ct, may subject the contractor, Its agents, emplo of 1'954, as amended, 42 U.S.C. 2011 et seq.; 18 laws of the United States. (See the Atomic Energy Act U.S.C. 793 and 794; an9 Exec~tive Order 12958.)

authorized in writing by the contracting officer, (I<) Subcontracts and Purchase Orders. Except as otherwise subcontracts and purchase orders under this oing in all the contractor shall insert provisions similar to the foreg '

~~~

ciassify ail documents, material, and equipment (I) In performing the. contract work, the contractor shall With guidance issued by the Goi'nmission. Every originat~d qr generated by the cqntractor.in accordance or .

subcontract and purchase order issued hereurider involv ing-th!? origination ge11e'ratiqn of. class!fied the subcontractor or suppli~r assig n classi ficatio n to all documents. material, and equipment must provide that

  • with guidance furnished by the contractor.

documents, materi~I. and equipment in accordance ESS APPROVAL (TYIAR 2006}

C.11 SECURITY REQUIREMENTS FOR BUILDING ACC ing any subcont~actor employees and any The contractor shall ensure that all its employees, includ rm the work herein, are approved tJy the Government subsequent new employees who are assigned to perfo security applications is a contract requirement.

for building access. Timely receipt of properly completed the ten work day period may be a basis to void the Failure of the contractor to coi:nply with this condition within select another firm for award.

notice of selection. In that event, the Government may ies until he/she is app.roved by th~ Security A contractor employee shall not have access to NRC facilit orary ac~ss may be approved basec;I on E!

Branch, Division of Facilities and Security (SB/DFS). Temp s will be approved based *on favorably adjudicated favorable adjudication of their security. forms. Final acces tion. in accordance with the prqcedures found in NRC background checks by the General Services Administra access authorization approval Will be revoked and the Management Directive 12.3, Part I. However, temporary

  • act in the event the employee=s investigation cannot employee may subsequently be removed from the contr ct witho ut the rized to work under any NRC contra be favorably adjudicated. Such employee will not be autho acces s, the individual will'be subject to a reinvestigation approval of SB/DFS. When an individual receives final e_very five years.

lete control over granting, denying, withholding, or The Government shall have and exercise full and comp

  • rming work under this contract. Individuals terminating building access approvals for individuals perfo ard subm it days or more shall be required to complete performing work under this contract for a period of 180 f Postfl ons), anc: 1.---

s*sp (QiJest1omia1re.for Puolic Trus

-*rc1h'acotitnrctbr representa1ive ari accepta151e0PM Form DFS/S B; as provide official documentatiqn to the two FD ~58 (Fingerpr,int Charts). Non*US. citizens rnust be a Permanent Resident card, t~mj:>or~ry Work Visa, proof of their legal residency. This documentation can entation issued by the U.S. Citizenship and Immigration Employment Authorization Card, or other official docum ncy in t!le U.S. will not be approved foi' building access.

Services. Any applicant with less than two years reside to the Project Officer who wiil give them *to th~ .

The contractor representative will. submit the. documents temporary Uhes9orled building access .approval to SB/DFS. SB/OFS may; among other things, grant or deny C-10

an individual based upon its review $.~~ion C of the information contained in the its authority, GSA may, among oth OPM Form 85P. Also, in the exercis er things, grant or de11y permanen e of results of its investigation and aoju t btJjlding EJc~ss approval based 9.n dication guidelines. This Submittal the the firm who, for any rea$on., mc1y 'requireme.ht also applies to the offic ers of contract. In (he event that SB/DFS t the work sites for an extended period of time during_ the term of the vlsi and GSA are unable to grant a tem approvai, to any ind1VidUcil petrOrn porary or permanent bµilding access iiflg Work unqer this coiifiact, the another individual tb perform the contractor is. responsibie fQr 8S$Jgnirig neces$ary function without any del or Without advers~ impact to any ay in the contract's performan~ sch oth~r terms or conditions of the con edule, informing those affected by this pro tract. The. contrc~ctor is responsible cedure of the required building acc for arid permanent determinations); and ess approval proc¢ss (i.e., t~mpor the possibility that individLJals may ary building access approvals are gra be required to wait until permanen oted before beginning work in NR t C's buildings.

The contractor Will imtnedlate!y not ify the Pr9ject Officer when a. contrac Officer will immediately notify sat tor employee termin~tes. The Project DFS (vi~ e~mail) when a contractor access am;freturn any NRC issued employee no longer requires building badges to the SB/Df=S within three days after their termination.

C.12 52.228-10 VEHICULAR AN D GENERAL PUBLIC LIABILITY INSURANCE (APR 1984)

(a) The Contractor, at the Contrac Jor's expense, agrees to maintain, vehicular lia,bility and. general pub during the continuance of this contrac lic liability Insurance with limits of iiab t,

$200,000 for each person and *$5 ility for (1) bodily irijury of not less 00,000 for each occurrence and (2) than

$50,000 for each accident and $50 property damage of not less than

,000 in the aggregate.

(b) The Contractor also agrees to maintain workers' compensation ahd respect to the Contractor's own em other legally required insurance with ployees and agents.

C.13 SE:AT BELTS Contractors, subcontractors, and grantees, are encouraged to adopt and programs for their employees and enforce on-the,-job seat belt poli when operating company-owned, cies rented, or personally owned vehicle s.

C.14 Co mp lian ce wit h U.S. Imm igr atio n Law s and Regulations NRC contractors are responsible to ensure that their alien personnel Immigration and Naturalization (IN are not in violation ofUnited States S) laws and regulations, inciuding visa requirements. Eac,h alieri em employment authorization docume ployee of the Contractor must be law nts and c1s evidenced by Alien Registration fully admitted for permanent residen Receipt Card Form 1-151 or must ce Immigration and Naturalization Ser present other eviperice from the vices that employment will not affe

  • Office of Busiriess Liaison (OBL) pro ct his/her immigration status. The vides information t<:> contractors to INS eligibility verification process for non help them understand the employm

.:us citiz~ns. This information can ent http:/iwww.ins.usd~J.gov/graphics/ser f;>e found on the INS website, vic~s/emp~~yerinfo/index.htm#obl.

The NRC reserves the right to den -- -- -- ,* *- -

y or withdraw Contractor use or acc equipmentiservices, and/or take any ess to NRC facilities or its number of contract administrative acti for cause) should the Contractor viol ons (e.g., disallow costs, terminate ate the Contractor's responsibility under'this clause.

(End of Clause)

I C-11 I

(\ Section D NRC-10-07-433 NTS, EXHl$1TS, OR ATTACHIVi~NT$

SECTION D

  • CONTRACT DOCUME . .

ns Statement of Work and Fixed Price Billing Instructio D*1