ML19053A687

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 1 I 39

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

4. lYPE OF SOLICITATION

5. DATE ISSUED

6. REQUISITTON/PURCHASE NUMBER NRC-HQ-84-17-E-0001/

NRC-HQ-84-17-R-0015 0 SEALED BID (IFB) 09/05/2017 :>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 20555-0001 NOTE: ln-1ad bid aollcllalioris "<>ffor" 2nd "alfm>f" maan "bld" and "bidder".

SOLICITATION

9. Sealed oflars In orlgilal and deposl!Ol)' located in

.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 uni.ii -------- local lime (Hou,}

(Date)

CAUTION* l:ATE SillJmlssi<ms, M-and Witlldrawals; Se* Seetion L Provision No 52.214-7 or 52 215-1 AU offera are subjsd lnalHems a1ldcondil!ons containad In this solldlalion.

10. FOR"

!II-NAME B. TELEPHONE (NO COLLECT CAUS)

C. E-MAILADDRESS INFORMATION ~

AREACODE I NUMBER

,EXT.

Geoffrey.Coleman@nrc.gov CAU!

~EOFFREY COLEMAN 301 415-5517

11. TABLE OF CONTENTS (X)

SEC.

DESCRIPTION PAGE(S)

(XJ sec.

DESCRIPTION PART I

• THE SCHEOlltlE PART II* CONTRACT CLAUSES Ill!

A SOI.ICITA~FORM 1

Ill!

I CON"IRACTC!AUSE.s 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#Ylflbe~ 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, H this 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 ~od 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.

• PAGE(S) 29

13. DISCOUNT FOR PROMPTPAYIIIEHi

~

10 CALENDAR DAYS(%)

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

I CALENDAR DAYS(%)

(See Sec/ic,n I. Clause No. 52.232.e)

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 COOE I I

FACILITY I

~6. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER AND (Type ar prinlJ ADDRESS OF

~ee Schedule Lisa L Bisese, President OFFEROR 158. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS

17. SIGNAWRE rs. OFFER DATE AREACODE rUMllER rXT.

0 IS DIFFERENT FROM ABOVE* ENTER.

LisaL

~,,.Sl;r.idty.UUiLBi~

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

9/29/2017 Bisese h1&:1tt, lr-,: OU* Plt:S!!!m:

SUCH ADDRESS IN SCHEDULE.

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

19. ACCEPTED AS TO ITEMS NUMBERED 120. AMOUNT

$1,000,000.00

22. AUTHORITY FOR USIN_G 01HER TI1AN FULL AND OPEN COMPETITION:

D 10 u.s.c. 2304 (cl<

l IBJ 41 U.S.C. 253 {c)<

5 J

24. ADMINISTERED BY (If oth<J,than /lom 7)

CODE INRCHO See Schedule G

26. NAME OF CONTRACTING OFFICER /T.1?' or print}

SHARLENE M. MCCUBBIN 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

21. ACCDUNTINGANDAPAAOP.RIATJON See schedule

23. SUBMIT INVOICES iO ADDRESS """"" IN

~,ITEM (4 cap/cs unless olllcn>'5C sp,,c/(ied)

25. PAYMENT WILL BE MADE BY CODE ~RCPAYMENTS ee Schedule G

27. UNITED STA1ES OF AMERICA

28. AWARD DATE (S/gna1Uf1> DI Coolmoting Off,oor)

STANDARD FORM 33 (Rev. 9-971 Presaibed by GSA

• FAR (48 CFR) 53.214(c)

CONTINUATION SHEET REFERENCE NO. OF DOCiJMi:'lilt BEING CONTINUED NRC-HQ-:-84.,-17-E-000l./MEDCOR#0474/17/704285 NAM'E OF QFi=EROR OR CONTRACTOR See Schedule ITEMNO.,

(A) 00001 SUPPLIES/SERVICES (B)

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/Incident Investigation Workshop.

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

Period of Performance: 10/01/2017 to 10/01/2022 G-205, Root Cause/Incident 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.

NSN 7540-01-152-8067

<ll.JANTITY UNIT (C)

(D)

UNIT PRICE (E)

PAGE

• 2 OF AMOUNT (F) 39 OPTIONA1. FORM 336 (4-86)

Sponsored by GSA FAR (48 CFRJ53.110

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 Workshop (~205)

(b) Smmry work description:

NRC-HQ-84-17-A-0001 1he contr~ctor wl pro\\ridecurrent,s~te-of-the-a1 R:Jot. Cause/lncid~nt Investigation training, using pro.en mehxts, t6 ensure selected U.S. N..iclear ~by Cormissioo (NRC), Agreement Sise or cAher Federal agency staff fJEITbers -possess ttie knoMedge and ability to ~ffectively and efficiently perform root cause lmestigations.

8.2 CONTRACTTYPE (a) This is an indefinite-delivery, indefinite-quantity (IDIQ) contract for the suppli~ and _services specified in the pricing schedule, and effective for.

the period'~, in the Schedule. Task orders may.be.. ~~r~. on a firm-fbed-price,*or 'cost reimbursement basis. The maximum value for this IDIQ'contract is.lmQ.

(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 Schedule

~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~*issued inaccordance~tn-the or~ering clause_ and the Schedule.

( 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 Update/Revise Course l<b)(4)

I l<b){4)

CXX>1.

JCB Materials for Students &

Instructors CXX>2 Present G-205 Training

. l<b)(4)

I EACH l<b){4)

Co~.irse I

• STANDARD LINE ITEM TOT.AL 3

TOTAL PRICE

$68,831.21 I $109,963.00

$178;794.21

ESCRIPTION resent G-205 Training urse ESCRIPTION resent G-205 Training urse UNIT PRICE ijNIT PRICE UNIT PRJCE (b)(4)

OPTIONAL COURSE DEVELOPMENT CUN#

DESCRIPTION

!UNIT PRICE 5Q01 Specialized Course l(b)(4)

Development I

STANDARD LINE ITEM TOTAL UNIT PRICE her Direct Cost {Travel,

. c **. )

NRC-HQ-84-17-A-0001 OTALPRICE 84,330.49 OTAL PRICE 87,703.71 83,703.71 OTAL PRICE STANDARD LINE ITEM TOT.

OTAL PRICE 95,n2.45 STANDARD LINE ITEM TOT UNIT

!QTY l"QTAL PRICE I

Hour i(b)(4)

$214,651.59 I

$214,651.59 OTAL PRICE 175,000.00 175,000.00

• *The government will pay up to the rates specified in the Government Federal Travel Regulations (FTR) for travel destination. All travelnust be approved In advance by the NRC Contracting Officer's Representative (NRC COR). Hotel reservations,estimated cost for travel, rental car and any other expenses that nuy be incurred in connection with the tasks shall be made by the contractor, and will be reimbursed for actual allowable costs, with back-up documentation/receipts attached to the subnitted invoice. NO PAYMENT WU.

BE MADE WITHOUT BACKUP DOCUMENT AJ'ION/RECEIPTS.

4

SECTION C - Descriptlonispecific;ttions STATEMENT OF WORK (SOW)

C.1.

BACKGRO.N)

. NRC-HQ-84-17-A-0001 1he US r\\RC licenses and i~pects reactor and non-reactor facilities and nuclear material users to ensure compliance YAth applicable regulations, codes and standards and to identify conditions which rray ad\\ersely impact the healh. and safety of facility V10rkers, f,he public and the erMraiment The scope of f\\RCs responsibifity enccll1lJ8SSes t\\kJclear Reactors,* f\\tJclear Materials (medical, industrial and research), Radioactive Waste, Transportation of R:idioaclive Material, Safeguards and Security.

Within the area of nuclear reactors, the fundamental building blocks that form the frameoork for the regulatory oversight process EJre ~

r\\RC Corllt3rstones of safety (see http://www.nrc.gov/NRR/OVERSIGKT/ASSESS/NRC CCRlefstone.html).

l1is framework is based on. 1he principle 1hat the agency's mission of protecting *public heallh

• and safety is met v.tien the agency has reasonable assurance that licensees are meeting the. objectives of the S8\\el'l r\\RC Cornerstones of safety.

1he *reactor inspection program, akJrig wlh performance indicators, assessment and enforcement, is EJn integral part of the reactor oversight process.

In addition to overseeing routine activities, the inspection program also provides.for the agency's response to operational ~

In support of these activities, it is useful for ~

staff to be able to eirploy JX0.811 root cause (RC) melhodologes

• to detenrine:

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 procedures, irenagament or~ performance (HP) issues.

If a significant event shoud occur at a licensee facility, the ~

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

• responsibifities at the office-level for response to significantoperational aents. A significant operational aent is any radiological, safeguards, orolher safety-related operational event. at an NRG-licensed facirity that poses an actual or poe,tial hazard to public healh and safety, property,. or the emtraiment l\\,O 8.3 stales 1hat, "It is the policy *of the U.S. l\\lJclear ~latory

• Cormission to ensure~ significante\\el1B imoMng reactor and materials facilities licensed by the !\\RC are imestigated in a timely, Clt!jedive,

• systematic, and technically sound manner; that the factual information pertaining_ to each event* is documented; and that the cause or causes of each e.ent are ascertained. The evenlS miy il'l\\Olve responses by an incident imestigation learn (IIT) or le$ formal responses by an augrrented inspection learn (AIT) or a special inspection 1eam *(Sil),

depending upon the lael of response required."

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

Prormle public hea!h and safety, instill public confidence, and provide for the cxmron defense and security by reducing the frequency of iricidents and preventing accidents.

Increase the efficiency and effectiveness of I\\RC regulatory programs and licensee operations by the prompt dissemination of the facts, conditions, circumstances, and causes of significant operational 8\\.8nls and the identification of appropriate follow-up actions.

5

. NRC-HQ-84-17-A-0001 lf1l'X0,'8 regulatory oversight of lice_nsee activities by uncovering facts 1hat rrey indicate a need to ree\\auate v.hell1er a particular aspect of the regulatory process before the e\\el1t contributed directly to 1he cause or course of the event Ensure 1hat rr, AIT, and SIT findings are properly dispositioned.

Additionally, reactive inspections provide for a timely, thorougl1 and systematic 8\\81uation of significant8\\ell\\s,

\\Mile assessing the safety or security significance of an 8\\el'lt through the collection, analysis and docurrentation of factual information and evidence sufficientto determi_ne the cause(s), condition(s) and circumstance(s) pertaining to the 6'l.e1l Facts and safety concerns related to the aent are communicated to I\\RC rranagemen\\

so 1hat appropriate fci:>w-up actions can be 1aken (e.g., study a generic concern, issue an information notice or buletin, or issue an enforcement action.

Additional reactive inspection guidance is contained in:

IMC 0309, "Reactive Inspection Decision Basis for Reactors,"

IMC 2601, 0Reactive Inspection Decision Making Process for Fuel Facilities,"

IP 93800, "Augrrented Inspection Team,"

IP 93812, "Special Inspection,"

IP 71153, "Bent Fok>w-up [Commercial NJcear Povi.er' Plants], n IP 88075, "Event Folow-up [Fuel Cycle],"

IP 88003, "Reactive Inspection for E\\el'lS at Fuel Cycle Facilities Program, 0

Access to the aforementioned docurents (e.g, tRC regulations, IMCs, IPs, NLR:Gs. etc.) is available at http://www.nrc.gov/reading-rm'doc-coliections/

1he primary o\\:>jeclive of the contract is to. acqµire through task ordei:s the RJot Cause/Incident Investigation Workshop is to provide current, state-of-the-art training using prot.61 rrelhods to ensure selected U.S. J\\ucear Regulatory c.amission (NRC), Agreement Sla1es or olher Federal agency staff meribers the knowedge. and abifity to effectively and efficiently perform root cause inwstigati_ons.

01 occasion, as authorized by. the !\\RC

-~ representatives of international regulatory agencies or others rrey be permitted to allend.

1he i~gations,my imolw incid~nts or issues associated wlh Nt-regulated *activities, such nuclear reactors, nuclear materials (i.e., non-reactor app6cations of radioactive material such as industrial, inedical or research) or security.

• 11,e training shaV convey to the stooents the knowedge of root cause rrelhods and techniques and aoo prcrvide the skills necessary f9r 1hem to perform their duties, which imol\\e NRC-licensed activities as specified in applicable l'>RC Inspection Manual Chapters (IMC) and olher ~

directives, policy or guidance.

1he sludents shal be provided wih topical exarll)les as appropriate to errphasize the importance of the process and derronstrate how it has been effectively errpbyed in rele\\ent situations.

1he contractor shall accompfish the training using one or more of the folowng rrelhods: direct instruction, hands-on activities, problem soMng, group discussions, 1eam exercises or any dher rrethod(s) deerred appropriate by the contractor and approved by the f\\RC CCR In 1he future lhis course coukl be oorrpefed 1hrough ',,irlJal inslruclion.

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

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

studetit performance during clas~room exercises, quality. of r~t cause repo~ ge.rie1rated by thei sudents.

tlie course M.Jations performed by th_e st.dents,, and

• ~al course cbservations by the ~

. c:xR or ciesig,ee.

C.3.

Sca>E d= WORK lhe contractor shal furnish.qualified pe~nnel and services to update/revise and pr~nt the. training identified bek:m. The contractor shat update/revise anq maintain training materials and presentation.s currentfor each e:>fferin.g of the cour~. Toe contractor ~

ensure 11:lal al of the training maJerjals reflect current

~

poiicy, procedures, regula~ons c1nd gui~ance at the ij,re

• the trc1ining is conctucted. Training materials ang presentations shall aMBIJS reflect current up;.to-date state-of-the-art causal techniques, 8'18kJation techniques and information.

~

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

a.

E\\el'l5 and c.c1usal factors an.alysi~ - to identify the e\\ellts and conditions that led up to an e.ent;

b.

Fault tree analysis - to identify relationships 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.entecl the event from occurring;

d. Change analysis - to identify changes in the work erMronment since the activity was last performed.

. stJccessfµlly 1hat ll8y have caused or contributed to the 8IA:ll1l;

e. ~ment ~ght an.~ Risi{ Tree (WCRT) analysis - to syst(:lmatically check that al possible causes of ~

ha\\e been cc>nsigered;

f.

Critical incidenttechniques - to identify critical actions that if performed Nt c:orrectlyv.ouk:f hal.e prewnted the 8\\ef1t from occurringor vo..tf haw significanUy reduced its c:onsequences;

g. Why Staircase -to produce a linear set of causal relationships and use the experience of the problem C1Mler to determine the root cause 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 ~ds abo\\e in the training and as appropriate provide an opportunity to apply the rrelhods..

1-b.\\ever; Management C).ersight and Risk Tree Analysis (M)RI) shal be presented as the t\\RC core malhooology for root cause aryalysis during the training course.

Oiher pr'O\\er1 root cause rmhods rray be used to supplement the training, but rrust be approved by 1he

~CCR As part of the root cause trai~ing, the. contractor shal provide students instruction on dewloµrg appropriate root cause and contributing cause ~men.ts,. c:18\\ebpir:ig an appropriate 8\\6llation

• of e>detlt of coridition, ~oping an understanding and e.auation.of the ~t of.cause and ~

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

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

7

NRC-HQ-84-17-A-0001 C.4 POTENTIAL TASK ORDER REQUIREMENTS lhe fobwng paragraphs describe the requirements that maybe ordered via task order under this contract TASK.1 - ~Revise the R:x>t Cause/Incident Investigation Workshop(G,205) coui'~ materials

• 1he contractor shall update/revise a training course wlh the ~ve of teaching students the rmhoos for conducting an effective root cause ahalysls..

Materials to be Je\\1sed'developed and provided by contractor in support of training, include:

1. Studerit materials including learning ~s, fe)dual materials; presentations and

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

2 Instructor's nenual including delailed lessJl1 ji3ns for presenting the course.

3.

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

Subtask 1 - ~/Revise Student and Instructor Manuals' ouUines and Case Study ouUines 1he contractor shall update/revise the e>dstirg course ou11ines for: sludent

• rranual, instructor rranual, student information sheet and six (6) case studies. The revised ou1ines sha! be suooitted to the ~

COR for apprc>\\61 within thirty (30) days Of the Post-Award M3eting or the

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

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

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

1he Contractor shall correctany deficiencl~ identified in the initial submission and resubmit the.

material within fifteen ( 15) days after receipfof ~ ~

CCR conments.

Subtask 3 - Fe.Ase Case Sllidies The contractor shall, as necessary, update/revise six (6) e>>sling Case Study scenarios irr.ol\\4ng incidents or accidents 1hat could resuit in the I\\RC initiating an SIT or AIT. lhe contractor shall integrate hurmri performance and potential Safety Culture Issues into the scenarios.

The Case Studies shall include the fubwng:

a. Tm (2) reactor case sludies

b. Tm (2) materials (non-reactor) case studies (e.g., medical, fuel facility, industrial radiography, v.ell logging, transportation, research and ~opment, irradiator etc.)

c.

T1M> (2) security case slides 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,wng (where applicable).:

a. an inclderit/accldent ~ITTIBry

b.

background and narrative.

C; ~nt t3\\el1fs before, during and after the incident/accident

d.

orgati1zation charts

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 a surtnay of the individual's knoMedge Of tfie incident arid related activities). Additional characters identified by the sludents duri~g ~e exe,rcise* 'MlOITl they_ bele\\e..

• in¥., pey. important "roles in the e,.ent but

'1118re not,:,ri:Mously identified wl be "ad-libb~d" during ~

~inilig 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.ldenis WI be ~cVp~tted to interview ree.arit individuais associated win the incide!Jt/ciccidentas described abc7.e.

The revised Case Studies shai be submtted to the t-RC a:R for review and aµJroJal Within sil4y (60) days of the t'<R: CCR approving ~k 3 rmlerials.., The. Contr~ctor shal correct any deficiencies identifie<;f In the lniti;:il sabmlsslori and r:~ubmit the material within fifteen (15) days after receipt of the

~Qfficomrents.

Subtask 4 '."' Finalize Course QJ!fine, Learning O:>jectives, Instructor l\\l1anual and Student Manual and case S1udies Withir:i sb(y (~O) d~ys after acceptance of the draft materials by the ~

cm, the contractor shal

. submit. a copy offinal course malerials, including:

1) pr:ie ( 1) tlard ~opy of ~e C:ou~e. ~ne;

2) one (1) hard copy of the L~ar'riing ~yes;

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 color (slides, view-graph~. pictures, Mdeos or Qther), and

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's*

invoice is submitted. to NRC Jor.reirilbursement for course presentation.

Ail reports shall be submitted in-Adobe PDF format unless othE:),:wiS<<;t approved by the NRC COR, and must contain:

A coi,,,at letter report disc:;u~ng course accomplishments, prql:>lems, NRC cq~rectiw actions and recommendations (or improyement The recommendations 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 of the _students? contribution to the exercise report

• and presen~tion. The contractor shall review the written 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, provided 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).

An electronic copy of the materials prm,ided to the students or used to support the course (e.g., student manual, instructors manual, handouts and visuals). CD/DVD is preferred and must be in the original format (e.g., original format such as Microsoft Word2016 or newer. Adobe PDF format is not acceptable.

TASK 2

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

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

Toe contractor~ assun-e* that the,~ attending this c.p~r'$e ~

no pri9r rqot cause analysis training arid/91' e~ri~nce:. Aft.er' th~ introduction of the case studies; students shal be divided into lealTB and ~

to investigate/analyze tht:i iricic.len~ appiying arid reiritorcingthe iiiellq:1$ and 'techniqu~ di§iCUSSE!Ci di.iring the lecture i:>6rtion qf the 9qurse ar:ig produce and ~\\el' a sirruated tre ma~rrent briefing. Tean sizes 'Ml be limited to 6;

$1nc;:e'slµdents wi regi~ter for th~ q<;>urse ind~pendently, ~e compc;,sitipn 9f eclCh course WI vary fr9m cqurse~~~COUISl3. ~- $11JjEln~ ~

.be't1iyi9.ed ~is_mOc;:h ~s _possible into~

reflecting the.ii" areas of respqnsibllities (Le., reactor sll.Jdems ~rid materials st_udents On separate tearrs). H'.Me.~. this may nor 9Na'/f> t>:e ~Ible depending on the nuntlE!r of sludents representing each area. Since 1he rootcal.ise iil\\estigation rrelhods -. are generic, it stnJij. be possible to mix sfl..ld$lts ori a teaiTI (if required). provided 'the ca~e study is not so specific as to be incomprehensible to those s1udents wlhoot a background in the area covered by the case study.

The course shall conclude wlh

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

Altn.lgh the ~

wR a1lerrpt to provide panel rrer_mers to attend the briefing, ask questions and critique the team briefings at the conclusion of the course; however, this rray not aw:iys be possible depending on location. and other factors. So, the contractor ~ 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 ~

• ~

Materials 1hat shall be provided by the contractor to the students in support of tJ:,e lectures:

1.

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

2.

. Case Studies - one per ~

- for exarrple:

if ther.~ are ~ reactor teams and one n:etericlls, the ~ reactor teairs. wx.ikt be 9i\\en the ~r Case Study ~le the materlais 1eam VI.Ollld be !J\\81'1 1he Materials Case study

• similarly wtli 1he Security Case Study.

3.

lnten.;ews - since interviewing techniques are an integral part of the prqcess of imestigatilig root causes, as part of the case studies, the students shal rreet wth and conduct at least one inter\\iiew wlh contractor,personnel WK> ViAI -be rol~ playing the parts of variowf lic~nsee individuals relevant" to the scenario (e.g., rrenagerren~ operators, mainteriarice, f_lea1lh physics, etc.). Such inteNews and ~ngs shaB Sirrutate as realisUc$lly as possible,*v.nat might take place during an actual imestigation.

To insure sorre degree of credibility and consistency, the characters essential tQ the pbt of the scenario ~

be broadly scripted. This wa aid ttie role players in qqnveying the appropriate information W1el1 questioned Jo permit the sludeints to perforni'a valid analysis of the root causes of th~ case sludy scenario.

4.

Report Fe~back - at the completion of_ the exerci$e, each team shal dEM!lop a written report of its findings - once the reports are presented orally during the firialbriefirigs, the 10

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

• identifying strengths and weakliesSes of their report and p-esentatioo..

1he rre>arrum c~ss size for the R'.xJt Cause/lncidentlnvestigation Workshop (G-20~) slB. be 18 sbxleilts.

• The ~

~

or his/her desigilee rray also aUend to nmb the course, but sh!;j. not be counted against the ll'e)GITl.lm class size. The course sta be hekJ in a location selected by the-~ COO.

The. t'-R.C reserves the right to. ~rrent c9urse Pr~nlcltions WU, ~ ~

These e,perts_ wx.tt be u~ to further amplify certai~ topics, *ancf/~r ~: questio.ns that rrey-arise regarding f'8C policy ~ procecfi.Jres.- Specific Jll'eS tor j:)a,:ticipation c;,f fllese'. guest speakers shal pe cdordinated ~

tie coh~c!C~r ~nd the f',RJ CCR If any p6rtiori'of th~ c:ou.rse is 1aught t>y f\\RC or invited guest speal<ers, tne rre ~- furriishtne training materials (e;g.,

feMs, j:>rese11tatiorfharooots,. etc';) for 1lri!e guest,1ectures.

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@sk

• J.-"Wmm HBC* Hosted*rmdu1es -*;n 1eu, onostcuctoi;i:fect, s*,utoom ttaiaioa, It 1s turthe~ antlclpa~, 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 days of fa,qmtaJ~ ~ops....some v.oi1<shop ~!erial (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 :wn fie!!ptiate specific requirements.

Prpducts $\\eloped for the ~pecializ~ cour$1:!. ~

_ ~ re\\.1ewed ~nd approod 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 included in cost of CLIN 2)

The contractor shaJ subinit a final report by the end dale of the contract 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 materials and shall transfer to the I\\RC *CCR al materials updated/re~sed and/or de\\ebped by the contractor at the

~

of 1he ~ment Training materials shal be provided electronic copi~ (original format such as Microsoft Word/PowerPoint2016 or newer, not Adobe 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 Within thirty (30) days of completion pf *each task order, th'e contractor shal subrnii a Course.

Presentation Report icfthe ~

CCR Since the Course Presentation Report is the final course offering dei\\Eragle; the ~- CCR rrust ackr:K}wledge. receipt of the Course Presentation* Report and any Cllllslancing questions nust be satisfactorily ansv.ered before the contr~ctor's invoice is Slbritted to

~

forJeimbLir$errent fC>r cours~ P.~esentation. All reports_ ~

be Slbritted in Adobe PDF format

_ unless. otherwise indicated by the f\\R:. ~

and i:rust -contain:

a. A cov'er ~

report discussing cou~e accorll)lshmen~. p!"(ti:lms, c~rrectlve actions 1aken and recor:nmended as v.el as rec9tnrnendatio[!'sfor; ¢buf$e irrproiement_ 1he reqommendatlons shal consider any \\erbal _student f~e~back provided ar:id any Yn"i~l'.1. EM:ll.Jatio~s ~

by ~

sh.dents, as v.el as, any \\Witten feedback provided by the ~

COR (e.g., from the ~s course feedback system or Olher sources).

b. A sumnary of the general strengths and \\\\8!Hlesses Of the -sb.ldents' contribution to the exercise report and presentation. -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.

c. Scanned -copies of S!Ldent -t~or~tion ~

as* provided by the -~ CCR at contract award, am

~I be u~ periodicaiiy (in PDF fotmat):. Scanned copt of the s19n13cf sb.ident roster, also provided py Ule ~

(Etg;, f\\RC CCR' or course contact atttle presentation location). Sqanned copy 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, ~ts 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 acceptable). lfcourse materials do ricit differ. from the rrost recent course offering's materials, a 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

• reports, ~s discl!ssed in Task 2, Presentation rifR:lot Cause/Incident Investigation Workshop($.

205).

12

ITEM NRC-HQ-84-17~A-0001 C.5.2Final Task Ord.er Report The contractor~ furnish a final tasl< qrder report by the end date offhe. contrac1or within thirt,y (30) days*ot the final course presentation Wichever is later. 1he report shal be sent to 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 transfer al infi~!a~ ~~4

,by.' the contractor at thE! ~e of the Q0\\81Tl!llerit to the f'1\\C ~

Training inateri~ls shall be provided in bolh electronic (originalformatslichas Microsoft Word and P<>wei"Point ~

PDF) and ~per c:opf C.6 List of Derivei'ables All clei~bles stioukt ~ subnitted to ttfe I\\RG* CCR for final ~I. The contractor sha! provide ~

course mat1:1rials iri an e!ectronic fc;,rmal(CO, DVD or email aif:achrnent) ushig.MS ~ce software compatiblewfh fiat used bythe ~

C(:R (e.g.,4016ornewer). Acopyofany\\4clea; to:be usedwft also be provid~ to the ~

~

in electronic f<>rmat 1he contractQr may. propos1:1 ~te formats

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

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 Award,nieting or written cancellation and Case SlooY.. oulines 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, electronic 1-tindouts, and tJsual aids copy 3

Fe.1se Case S!udies Ole (1) hard Within sxLy (60) days of the rre CCR copy and one 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

5' C~r~ Prese~tion* Report

~J1) and Copy of Cour~e Ele:clrq,ic Materials us.~d fol"the cour~e c.opy offering 6

$pecialized Cow's~

As specifie.d De\\ebpnient' (upon request by the~.

only)

Final Contr.act Report Ole (1) 7 Electrohlc

• Copy

• C;7 Required Materials, Fai:lities; Hardware/Software As specified in individual task orders c~a Release of Publlcatioris ReseNed C.9 Place of Perfonnance Shall be specified ih individual task orders. Potential location inclliqe:

Atlanta; ~

Arlington, 1X; King of Prussia, PA; Lisle. IL;

• Chattanooga, 1N; or Roc:!Nlle, Ml..

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

~

As ~pecified in 1he irdAcilal task.ader By the _ewinition* ~

gf th.e task order or Within thirty (:30) qays foilvJrg lf'8 course-presentation.

~he-wr

• is faier * -*

NRC-HQ-84-17-A~OOOl The unit price of ~ach course wl remain fixed irr~pective of the loc1::1tion. Tra\\EI costs _for each_ loc1=1~on wl be reimbursed per the Federal Trawi Reguafioris bil!Ele against a separ~te reimbursab!e contract

. fine item 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 Course Developers; The contractor shall provide at least tVi,O instructor:s (one primary ~nd one back-up) to present the course - each of which shall be designated as Key Personnel. The contractor shall propose one or mor~.. de-velpper~.. G~mtractor personnel may serve in one or bqth roles, pro~ded that th~y meet the

• qualification requirements stated for.each. Additionally,_all personnei who, prepare/rE!\\4se any course materials andior perform course instruction as described above must be clec1rly identified and resumes of education, training.and experience prolAded for each. Resumes shall be specific in nature, shall clearly demonstrate qualifications that meet or exc.eed the-requirements specified a~ve and r.~sumes must be no more* than three pages in length.. General resumes will be deemed inappropriate and the accompanying proposal shall° be disqua6fied.

Course Instructor Quaftfications Must possess at least five (5) years of relevan~ experience conducting root cause analyses/investigations in the nuclear inqustry.

Must posse~ at least fjve (5) years of relvant experience.developing root caµse evaluation classroom training, including the use of toqls and techniques described he~ein and to meet the objeptives discussed herein. All of this experience must ~ave been ace.rued while teaclling NRG per~nnel or NRC-licensed personnel. this experience must include at l~st five (5) years of experience developing and integrating case studies, as defined in the SOW, into the classroom teaching environment 15

NRC-HQ-84-17-A-0001

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

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

Must possess at least five (5) years of relevant experience dewlo.pirig root cause evaluation classroom traihing,*includlng the u~ of tools and te9hnlques desctilleci"herein and.to meet the objec~ves.discussed herein. All of this experience must.have. been accrued while teaching NRC personnel or _NRC,.licensed personnel. This e><perience m.ist include ;at least five (5) years of experience developing and integrating case studies, as defined in the SON, into the classroom teaching environment.

The five (5) years of root cause investigation experience and the five_ (5) years of training e)(J)erience may be concurrent. Any experience gained prior to the NRC's adoption of the ROP shall not be used to satisfy this requirement..

'The contractor may be required to provide additional personnel at the request of the COR per individual task order.

The course instructor shall be expected to:

Arrive in sufficient tinie prior to the start of each class to check/setup the training room, lay out*

course materials, prepare equipment; etc. as necessary.

Ensure th~t studen1$ sign the $\\µµent roster and complete any other administrative actions each day Of the.course; Maintain control of the learning time ~ that the presentation of information and*the case studies remain organized and timely. key points and course objectives are met. and reasonable breaks are provided (e.g.* 10 minutes every hour) within the overall course schedule.

Control di$ttactiohs, such-as questions lhat are of minimal interest to the c1ass as a 'Mlole and that

• can be answer~ later and/or indMdually.

~serve the effect of the instruction on the class and reasonably attempt to _clarify; provide examples, or in some way, directthe course to help correct probiems and improve the participant's opportunity to learn.

• . Correct course materials and correct errors or other problems that *may occur during a course.

Notify the NRC COR immediately if a student fails to attend the course or misses any portion of the course for any reason (e.g., fails to return fc;>Hov.nng a break or lunch); furthermore, this shall be noted in the course presentation report.* Additionally, it should be noted in the course presentation report if a student misses any portion of the course, but received remeclial instruction sufficient to allow the NRC COR to give the student cdurse completion cr~il Collect any non-NRC course *evaluations from the students at the end of the course and work with the NRC course coordinator to restore the classroom to its previous condition for use by subseqµerit instructors; *Toe c_ontractorshall be responsible for trijnsporting or shipping their own supp6rt materials after the course, as well as tl'ie e>qjense. for such.

16

NRC-HQ-84-17"'A.*0001 The NRC COR may authorize,lhe contractor to discuss i~_ues relating to the ~rformance of.work under this contract 1Mth other individuals. However, lhe NRC COR shaR not authorize any discussions concerr'lih9. activities which are outside of the scope of this *contract C,14 Contractor Travel See FAR31.205-46 C.16 Data Rlgtats fe;ened C.17 5ectioo 508 - Electronic and lnforffli!tlQn TechJ'lC)bgy Standards

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

1.

The !'RC shal furnish the contractor 'Mlh the fokmng:

I *'

a An electronic -copy of~ $.$nt lnformation._Sheet (SIS), \\\\'.hich the contractor shal enhance ar19 issue to each* student before the beginning of each course. Scanned copies of corrpeted SISs shall be included in Course Presentation Report

b. A SILK:lent ~

sha1 be provided prior to each course.offering. 1he Student R:>sler' shal -

b.e signed by each student at the start.of each course offering. Ascanned copy*of the signed.

S1Ldetlt RJslel' sha>> be incluqed in the Course Presentation Report.

c.

A course e\\81uafion form 1M1ich the contractor shaV issue to each non-tflJ student on 1he first day of the course and collect at the conclusion of the course;

d. The t\\RC vmite location where rele\\ant docurrenfs (e.g., ~

• regulc1tions, RagJatay G.li~, lnformati()n NoUces, ScJetins, etc~f may be dow:macleci f.or *use in re,Jsion/developi'nent of tile training materials or for distribu~on to ~

during the training (see http://ww.v.hrc.gov/reading-rmldoc-collections/). In 1rose instances \\\\h,ere ttie contractor requires af) !'>RC document wllich is not mai.lable for dowlioad, the ~

C~ ~

prO'Jde

. a copy (electronic or hard copy) to the.contractor, assuning it is awia~le..

e.

C4rrerit G-405 course materials may p~ pro'Jded by the l'l:c cm Changes in aclditions to, a cfeiAatiohs from_the ~pies listeif are permitted, buf al *content (e.g., ciulane, rranuals, etc.)

shal

• be approi;ed by the t-RC. CCR

f.

Facilties for conducting the course and basic equiprrerit required by the, contractor to rreke the presentations (e.g., flipcharts, projectors, tables, chairs, etc.). The t-..RC CCR shal e_hsure that the equipment is available. at eabh d~ignated training location for use by the contractorabhg* vwh disposable ileris such as paper, pens, pencils, highUgh~rs etc. Aey unique requirements rrey haw to be provided by the cohtractorifthey are not a\\Ellllble from

-the f\\RC.

g. A copy of NLR:G'CR-5455 "f\\RC's 1-lirrBn Performance Investigation Process"

h. A copy of I-RID Operating Procedure 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

2.

The ~

shaD be. responsib~ for preparing course announcements and regii;lering ~ts and providing the contractor w1h ah *attendance roster prior to each course offering.

3.

Oily the equipmentiproperty listed alne in the quantities sho.M"I wl

• be provided by the Go.errment This property Is subject to the provisions of the Go\\ernment Property clauSE3 under this contract AIJ other equipment/property required in performance of the contractslial

• be furnished by the contractor.

C.20 Contractor Furnished lems lhe contractor shaD pt'O'Jde an necessary instructional materials for the delivery of each course offering, including:

1. S!i.dent ~

which shall begin wlh learning cqectives for each section. The student mmual shaD be formatted in accotdancew!h the~ TIC Style G.aide.

2. Instructor manuals. case studiei;, handouts, audio-visual media and applic::able copies of~

OJClllTEl'\\ts (relevant to the subject matter), which are $9ilabie for dcMnioad froi:i, the I\\RC's public V\\ebsite or wft be provided by i,,e ~

CCR for the delivery of each course offering.

3. A copy of releyant color vieW'graphs used during the course presentation and not already prO\\,;ded in the student* manual; applicable ca.sestudies; and aD handouts (i.e., rnaterial,not included in the student rrarual).

4.. IV1Y. find,.all trpinl~g.aid$ n_ece~ary to further ~~

understanding of th!:i c~s1:1 studies utilized in the course.

The contractor~ pre>vide their~ !ap_top{s) for presenting their materials.

1he laptop(s) wl be connected to an ~provided projector, lhe contractor stiafl be reswnslble for shlpp_lng.aJi course materials to and from each course location, as ffl as the e>q:JellSe for such.

An el~trc;mic c::opy of al materials u~ed to present a course offering shal be providecl to the t\\RC CCR wth the Course Presentation Report ihe software used by the contractor shal be comp~ble \\Mlh the software used by the !'RC CCR at the tine the materials are provided (e.g., Microsoft Office 2016 prod,ucts). A copy qfany video to be used will also be provided on DVD.

For any activities \\\\tJich ~re recorded (e.g:, student interviews of "lice~see personnel during the case study e~rcises), the contractor shall pr.ovjde any recording eq1,.1iprnent anq the recording media. At the conclusion of the course, the student shaD be given the media containing their participation in the course (e.g., a DVD).

The NRC shall have unlimited rights to and ownership of all deliverables revised, updated, developed and/or Uijlized under this contract/order, including reports; recommemjations, brieUngs, work plans, presentation slides, manuals, case studies; visual aids and all other deliverables. An documents and materi~ls, to include the source codes of any software;.Produced under this contract/order are th.e property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the 18

NRC-HQ-84-17-A-0001 Governmenl These deliverables may not be used 9r so~ l;>y the 9oritra~tor without prior written authorization from the CO. All materials suppHed to the Government shaD be the sole property* of the Go~rntnent arid may not be 1,1sed for any, other purpose i;ind may be distributed to anyone without restriction. This r1gtit does not abrogate *any other Government 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, photograph, picture, likeness, and wice by any techri.ology or ~ris.

2.

copy:, use, perform, display and distrib4fe such recordings of contract/subcontracted insttuctor(s} for any legitimate purpose, including but riot limited to distribution by r'neahs of streaming or either technologi~

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

3:. Cornbirie such.recordings 'ot contracf/subdontracted instrLictor(s) with other images, i'ec*ordings, or printed matte*r in the produc~on of any media, Vvil¢ther audio or vis1,1al.

4.

Recotd,fepfoauce, ampfify arid SJmulate**contrac:t/slibCdntr'ac:ted instructor(s)' image arid all SOlind effects producecf;.

~ 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 ~Suran~ Plan/S~rveillance Toe

• NRG-COR wl re\\/iew the.contractor's Course and Case ~

de\\eldpment submissions to ensure 1hat a9 rriateriais miet contractrequirerrients. lhe l'-RC CCR wB aso re\\4ew the*Course Presentation Reports, student evd)Jations ani;t the Final Contract Repcrt 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.t-RJ Jo perform regulatqry activities nori'relly performed by the r\\RC (sormlimes called siit't:*i State").

3.

Code of Federal Regulations (CFR) - lhe ~ode.. offec;fe~al ~lations is a c<>difi~;:itionof the general al'lc;I pet11E\\l~n~ (ul~s pubfish~.in the fed~r~I Ragi~ _by fl,,~ ~ve ~~ts ~m:t agencies of ttie Federal ~ment lhe CFR is divided into 50 1!fles v.tiich represe_nt broad areas subject to FedE))ral reg~lation. !:ach ti1le \\s ~ivid~ into Chapters which usuaiy bear the 118f!2 ~f the issuing agency'. Each chapter is"further subdivided into ~i'ts covering 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 ~n1ative (CCR) -.an indi\\oidtial, 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. Contributing ca\\,Jses ar:e scrretimes referred to as causal factors. Causal factors are those ~ctions, conditions, or EM!l1ls which directly or indirectly in~uence the outcome of 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., marker ~rd, flip charts, \\iew graphs, 35 nm

.19

NRC-HQ-84-i7-A-0001 slides, \\4deos, catp.Jler preseritations1 eto. ).

9.

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

10. E>dent of Cause - the e>dent to Which the root:causes of an identified problem ha\\e impacted olher plant processes, eqt.iprrent, ot human performance'.

11. E>dent of Condition - the e>dent to Which the actual coriditiQn 8>4sts wlh o1her plant processes, equipment or turan performance.

12 Fiscal Year (FY) - the QC)\\el'Jlment financjalyear ~inning~ 1 and ending September 30.

13, ~- Speaker - A ~

_invited by the ~

Project Officer \\o participate in the training, GJest Speakers nay be r\\RC. errp:>yees, errpbyees of olher federal or* QO\\et'Tlrnent agenci~ or any dher individual vhm the Project Officer considers to f1Sl.e expertise in the relevant material.

• 14. 1-eiids-Ol Activities (see a'5o Problem~~ and Exercise) - sfude.nts are g\\Eh the opportunity to re~ew a scenario of an actual or dreated ewnt and 1hen allerrpt to ~mte the root catise{s) of the aent

15. Instructor's Mm.Jal - the at used by the instructor during the cours_e. The Instructor's manual shal be of sufficientdetail such_tnat a qualified indi)liclual WlD has not prew:,usty cond!,ICted the course could be e>q)SCted to present the ~t material in an organized and effective manner.

16: Materials Case Sludy - a scenario in\\OMng a radioactive material incident at a non-reactor~ oc Agreement Stale : licensed facility or at a rerro1e location v.here licen~ activities are conducted, E>artples might include but are not limited to a medical facility, a field location where *industrial radiography op,eratioris are co11ducted, an irradiator facility I a fuel cycle facility 1 ~ radioactive iralerial or radioaetive V\\8Ste storage facility, a university or commercial research f aelllty or a mam.if acturlng facility.

17. Per di~m http://www.gsa.gov/portaVcontent/104877 https://ww.v.gsa.gov/portailext/publtc/site/FTR/file/Chapter300p003.htmVcategpry/21867 /#wp1178852

18. Pro!)lem SoMng (see also Hands-tin Activiti~s ar1d Exercise)-~ts 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).

19. Pl'O\\el1 Rxlt Cause M91hi:xfs - Rx>t Cause rrethods vmlch ~

been successfully used to 8\\01uate actual incidents or accidents.* -~ verification 1hai:.the *Rx>t Cause rrettlods proposed by the contractor are "proven" shal be partially bas~d on the list of "satisfied customers" provided wlh the propo;;at..

20. R:!acb" Case Sludy - a scenario il'MJIIAng an incident at a commercial US f\\liclear PCMer Pant (e.g.,

a pc:Mer reactor located ih the Um.cl States).

21. ~

Occurrences - tv\\o or more independent conditions which are the result of the sarm basic causes.

22. R:,le. Playing - the act of assuning the. part of a hypothetical individual im.dved in 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, process,~ 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~ *. additional 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.NG (a) The Contraqtor shall packag~ material for shipment to 1tie NRC In such a manner 1hat Will ensure acceptance by co1M10n carrier and safe delivery at destination. Containers and c:iosures shall co!T()ly vAih the Surface Transpo~ti9!1 Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode. of transportation.

(b) o, the front of the packclge, the Contractor shaD clearly identify the contract numbe~ under vhlic.h the product is 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 publications, presentations, articles; products; or maierials funded under this contract/order, to the extent practical, in order to provide NR<:: with recogni~on for its involvement in and contribution to the project. If the 'M>rk performed is funded entirely with NRC funds, then the contractor mu.st acknovwieclge that information in its documentatioh/presentation.

work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Chief Human capital Officer (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 in a manlier that vi/ill not unduly delay the wo,k

( 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

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

I SECTION G

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

NRC-HQ-84-17-A-0001 The Nuclear.Regulatory Commission (NRC) uses Compusearch 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..tedconnectnet/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 accordance 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 preferred method of submitting invoi_ces is electronically

• to: NRCPayments@nrc;gov.

25

SECTION H

• Special *contract Requirements H.1 KeY PERSONNEL. (JAN 1.9$3)

(a) The following individuals are considered to be essential fu the successful performance of the work hereunder:

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 a cOrithioous period ~xceedltig 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 *anticfpated; the contractci\\-"sfiall"jmrij:jdfately *no~fy'the ".

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

(c) Each request for approval 9f substitutions must be in writing and contain a df;l\\ailed explanati_on of the.

circurristanc*es i')~ce~ltatirig the p(opqs~ su~stituiions. _ lhe: request lil~{ also cbn~itl a qqmplete resu~ f?" the.

prppos~ substiMe and ~tiler inforinatio~ requested or *oeedl3d bf the conta~tirig o,fficer ID. Eivaluate: ~e prop~

substitution. The conttactihg officer and the 'project officer ~hall evaluate. the contractor's request and the contracting off leer shall°. promptly notify the contractor ofhi~ ot her d09ision in writing.

( d) If the contracting qfficer cletermii1es that suita?1¢ arid timely replacement of key personn~ who have ~n r~asslgned, terminated, or have. otherwi.se bec<>me unavailable tor Y1e contract work "is not reasonably fofitlcor:ning, or that the resultant reduction of produ~tive effort would be so substantial as to impair th~ succ;esstu.l completion of the contract or the service order, the contract may be ter"1inated by the contracting officer for default or for the convenience of.lt!e Government, as appropriate. If the contracting officer finds the contractor at fault for the condition,. the contract price or fixe~ fee may be equitably adjusted downward to compensate the Government for any resultan~ delay, loss, or damage H.2 CONlRACTING, OFFICER REPRESENTATIVE AUTHORlfY (NOVEMBER 2006)

(a) 1he contracting officer'sai.rthorized representative (hereinafter referred to as the contracting officer 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

• (a) Performance of the work under this contract is subject to the technical direction of the NRC COR The term "technical directioh"isdefinedtoincludethefollowing:

( 1) technical direction to the contractor which shifts work emphasis between areas of work or tasks, authorizes travel which was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work or changes to specific travel identified in the Statement of Work), fills iri details, or otherwise serves to accomplish the contractual statement of work.

(2) Provide ad\\ice an~ guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work description.

(3) Re'v'iew and, where required by thecontri:lct, approwl of technical reports, drawings, specifications, and technical 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 general s~tement of work st!ted iri the contract The CCR does not have the authority to and ~y not i~sue any technical direction which:

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

(2) Constitutes a change as defined in the "Changes" clause of this contract, (3) In anyway causes an increaseordecreaseinthetotal estimated contract cost, the fixed fee, if any, orthe time required for contract performance.

(4) Changes any of the expressed terms, conditions, orspecificationsofthecohtract (5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive Vvhatever.

(d) Alltechnical directions must be issued in writing by the COR or must be confirmed by the COR in writing within ten ( 10) working days after verbal issuance. A copy of the Written direction must be furnished to the cQntractjng officer~ A copy of NRC Form 445, Request for Approval of Official Foreign Travel *. which has. received final approval from the NRC must be furnished to the contracting officer.

(e} The contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within the COR's authority under the provisions of this clause.

(f) If, in the opihion of the contractor, ~my instruction ot direction issued by the COR is witflin one of the categories as defined in para_graph ( c) of this secdon, the coniractor may notproceed but shall notify the conir~cting officer in writing within fi~ { 5)-w:>rking days after tile receipt of any instruction or direction 1;1nd shall req\\,Jest tfle contracting officer to modify fl"te contract accordingly. Upon reeeivil'!g th~ notification from the contractor, the contracting off teer shail i~ue *an appropriate contract mo<;fification or advise the contractor in writing ftl?lt. in the contracting officer'~ opi_ni9n, *tne ~cl'!nical direction is Withrn the scop~ of this article and 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~ry delay in the _contractor's performance and may even result in the contractor 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 contract action to be taken with respect thereto is subject to 52.233 Disputes.

"(i)

In addition to providing technical direction as defined in paragraph (b) of tne section*, the COR shaD:

(1) Monitor the contractor's technical progress, including surveiliance and assessment of performance, and recommend to the contracting officer changes in requirements.

(2) Assist the contractor iri the resolution of ~chryical problems encountered during performance.

(3} Revie'!V all c0$ts requested for.reimbursement by the cQntract<;>r and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.

(4) Assist the contractor in obtaining the badges for the contractor personnel.

(5) Immediately notify the Personnel Security Branch, Division of Facilities and Security (PERSEC/DFS) (via e-mail) when a contrac;::tor employee no longer requires access authorization and return the individual's badge to PERSEC/DFS within three days after their termination.

H.3 COMPLIANCE WITHSECTION 508 OFlHE 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 the Workforce Investment Act of 1998 (P.L. 105 - 220), August 7, 1998 to require Federal agencies to make _their electronic an_d infor~tion technology (EIT) accessible to people with disabilities. Inaccessible technology interferes with an ability to obtain and use information quickly and easily. Section508 was enacted to efiminate barriers in information technology; open new 27

NRC-HQ-84-17-A-0001

~p~rtunlties for t,eQplewilh disabiliti~. and'~courag~(l~veloprn¢nt of ~,hncilogies that ~U h_~p.achie~ tfil*i~ gQals.

The law appli~s to an i=e(feral agenc.ies Wl~n they d~~lop, pi'ooure, m;iin~ih, or use:eiectrQiilcand information teghhology. Under ~~tion,!;;08 (29 lJ.S.C'. §794d). ag~cies mu~tgive ~isa~led emplqye.8$ imd members pf the public access to info~tion trnitis comparable to access a~ilable to others.

SpecifiQally, sectiqn 508 of that Act requires th_at~n Fedetal ag~ncles develi;,p, procure, maintr3in, or use EIT, F~_eral employees y,qth dlSl:lbllltles have acceS$to and us_e of Information and data that Is comparable to th~ acq.. and use _by Feder~I employ~ who are not individuals with disabiii~es. uni~ a11 un<;lue bur~en would be imposed on the agency. *

(36 C,F.R §1194 implements Sec~9rj 508 Qf the Rehabilitation Act of 1973, as amended, and is viewable a~:

http:/iwww.access~tioard.gov/sec50S/stanciards. htrn)

Exceptions.

• All EIT that the government acquires by purchase or by lease/rental under this contract must meet' the a,pplicable ac:cessibility-standards at 36 C.F.RPart 1194, unless one or more of the following exceptions at FA1{39.204 applies to this acquisition (applicable if checked):

~

[ ) The EIT is for a national security systein.

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

[ ) The EIT is located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment

[ l Compliance with the applicable 36 C, F. R Part 1194 proVisions would impose an undue burden on the. agency.

Applicable' Standards.

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

( ] 1194.21 Soft\\Nate applications and operating systems.

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

( ] 1194.23 Telecommunications products. * *

( 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.

Note: Under the Exceptions paragraph, _the Contracting Officer should check the boxes for any exceptions that apply. If no exceptions apply, then the Contracting Officer should, under the Applicable standards paragraph~* check the boxes that Indicate which of the standards apply. See FAR Subpart 39. 2 and www.section508.gov for additional guidance.

(End of Clause)

. 28

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

• Contract Claus~

1.1 49.502 Termination for convenience of the Gover,-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 simplified acquisition threshold, except-(i) If use of the clause at52.2494, Termination for Convenience of the Government (Services) _(Short Form) Is.

appropriate, (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~ribed or cited at49.505(a) or ( c), is appropriate.

(2) Dismantling arid demolition. If the ~oritract is fot i:lismanttlrig, 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:lcquisition thr~~~~lq-( 1 )(i) General use. The (:)ontracting officetshall insert the clause 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.cquisition 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 Gowrn~nt (Services) (ShortForm), is appropriate (see 49.502(c)), or one of ttie clauses prescribed or cited

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

(2) Gon.struc~on. If th_e c:ontract is fpr constri,,ction, the qontracting 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 officer determines that the requirernentto pay interest on excess partial payments Is inappropriate, the contracting off teer 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 improvements, 'Ml~n a fi~d-pri~e conticict,is contemplate~ and the! contra~t amount Is expected to exceed ttie sirripH~ed accjulsitioriJhreshold; If the contract is with an agency Qf th~ U.$; Go~riiment ot W[tli Stat~, loc~I. or foreign governments or their agencies, and if the contrac.tingofflcer determines that the tequiremerit to pay interest oii' excess partial payments is inappropriate, the contracting officer sh~lf use tll~ clause With its Alter_nate I.

( c) Service contracts (~hort form). The contra~ting officer ~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 convenience of #ie :Government,. limit t~rminatlon settlement 'charges to services render~ before the date of termination. Examples of services where this clause may be appropriate are cpn1racts for rental qf unreserwd parking space, lau_ndry 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'contract i$ contemplated for research and development work with an educational or nonprofitinstitution or:i'a' nonprofit 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)1 ~tat 52.24s.;2, termination for ponveiiience of the Gove,rnment (fiXl;ld-Price), as appropriate, suitable for use in fixed.:.price supcontracts, exceptc:1s noted in paragraph ( e )(2) of this section; provided, that the relatiom:;hipl:>etween the contractor and subconlracto~ is~IE)arly i_ndicated. Inapplicable conditions ( e.g., paragraph ( d)) in 52.249-2 should be deleted 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 Conve_nienc.e of the Go~rn~nt (l;9ucational and Other Nonprofit lnstitµtions); ~1b:lblefor -~ In !34~90f11racts placed with educational or nonprofit institutions on a no-profit9r no,,fee basis;* provid~c:J; tnaUhe relationship between the contractor. and $UbcontractQr ~s clearJy indicated. lnappli~ble cohqitions ( e.g,, _paragraph (h)) s.ho.utd be del~ted. the period fpr subJTiittir,g the subcontractor'$ termination ~ttl~menfproposal should b,e. reduqed (e.g.,

6 months), the.subcontractslloLild be placed.on a n_o-profit or o~fee ba$is, anc;t the.subcontract:should incorporate or be negotiated on the ~siS. Qf the cost principles In Part31 of the Federal Acqµlsltlon R,eguJatlon.

1.2 52.209-72CO~TRACTOR ORGANIZATIO~ CONFLICTS OF INTEREST (.JAN 1993)

(a) PurpQ$e.

• Toe primary purpose of this. clause is to aid in ensuring that the contractor:

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

organizational, or otheMse) which relate to the -work :uncier thi~f contr.act arid (2) Q~s not obtain an unfc1ir competitive advai1~9~ over other P!irti.es by virtue of its performance of this

• cohtri,ict (b) Scope. The restrfotiohs described apply to performance or participation by,the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.

(c) Workfc;,tothers.

( 1) Notwithstanding any other provision of this contract, during the term of this contra.ct, the contractor agrees to forego entering into con.suiting or other contractual arrangements with any firm or organiz;ation the result of which may give rise to a conflict of Interest with respect to the* work being performed under this contract The contractor shaU ensure that all employ~s under tnis contract abide by the provision of this cla1,.1se. If the -

contractor has reason to believe; -~t.h respect to itself or ~ny employee, t)'lat any PfOpo$e~ consµlt,ant or.pther conti:ac~al arrangement with any firm or organizatipn *may involve a potential conflict of iri~r!3St. the contractor shall obtain the written approw.l ~ the c:ontr;:icting offic;:er before the. execution of $UCh ccintractual arrangement.

(2) The contractor ~Y not represent, assist,.or otherwi$e slippoJ"1 cm NRC licen~ or applicant !Ji'ldergoing an NRC audit, inspection, or review i.Nhere the acti\\/i,es ~t are th~ subject of the audit, inspeqtion, or f~vi~ are the sarne *as OT Si.Jbstar\\tial!y s_in,ilar to tt\\e 5eriJices ~~n the SC.Ope of this Coritr£:1.ct ( Or task Order ~S approj:>ri~te) e~ept wt,ere.'1le NRG. lic;:ensee 6rapplicant rf;)q!,lfre!? the contractors support to explai_n or c:tefend the contractor's prior work for ihe lJ1jlity or other entity which I\\JRC questions.

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

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

(iii) Notwithstanding the foregoing, tt.ie contracting officer may authorize the contractor to solicit or perform this type of work (excepf work in the same {Jf simllar technical area) if the contracting officer determines that the situation will not pose a po~ntial for technic~I ~i~s or ~nfair corripeti~ve advantage.

( d) Disclosure after award:

30

NRC-HQ-84-17-A,0001 (1) Toe c.ontracte>r ~mints that tq the be~t of i~ knp~edge and belief, and except as otherwise *set forth in this contract that lt <:toes, not have any organizational confflcts of interest as defin~. in 48. C.FR 2QQ9.579~2.

(2} The contractor agr~s that If, after a~rd, it ~isbovers.organizatiQrial confHc::ts of interest with ~~ct to this contrac::t, it shall ~~~ ~il lmmedia~ and full disclosure in wr~ng to th~ con~acting officer. This,s~te~nt. must incl1Jde a descripijon of the actiorhvhi~h #le contract<>r ha~ ~ken ~r propos,es. to take ti? ~VQid or flltiga~ such conflicts. The NRC may, however; termin~te ~

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~rily encompa~ ~ broa~

spectrum of activities. Consequently, If this Is a task~order-type contract the ce>ntractor agrees that it 1MII disclose all prqposed *new v.ork lnvgMng NRC licensees 9{applican~ ~lch cpme~ within the scope of war~ of the.

und~rJying contract Fu~er, if tbi.s c~nfract involv,e~ ~rk c1t_~ Dcer:is_ee. or appJipant site, tti~ ~ontra.c.tc:>r agrees to exerci~,e.difigenqe to di~¢Q~.r an9. discf<;i$8 any fieW.~.,t at th,at licen~ or c;!ppfi~nt,l?ite. This ~is¢~qre m.u.¢t

~

~~~ ~fore the. submi$.siqri 9f ~ bid 9r prp~I to the utility or qther reg1Jlat(m ~!itjty aild must.~ r~ei~ ~Y the NRG at least 15,days before the propos~ award date in any event, lJn!ess a written j~ti~Cl:l~On,~ernonstr~tihg urgency and due diligen'ce to discover and disclose is pr(>.Vicfed by the contractor arid aj:>prqved

• by tile contracting*

officer. The disclos1,1re rnust il'!Cll:Jde the statement of VK>rk, the di;>~r vaii.,I~ of ~e prQP,05~ CQnfract, *~nd any o~r doc.umems that are needed to fully describe the proposed work for tfie r~ulated 'utility or other regulated entity. NRC may deny approval of the disclosed INOrk oniy when the NRC has issued a task order Yiihich ',ncludes the technical area and, if site-specific, the site, cir has plans to issue a task order which Jriciud~ th~ technical area and, if site-specific, tfie site; ~r when the ~rk vjcilat~ paragraµ,tjs (c)(2), (c)(3)ot(q)_(4)ofthis s~tion...

( e) Access to and use of information.

.. (1) If in tf'!e pEJrfor~nc;:e of this c9ntract, the. contractor o~tains access to infe>rrriatioli, such ~s,NRC pl,;ms, pOlig/~. reports, stµdies, fjnaricial plans, intern*?!, datci pfote~t~ by the Privacy Act of 1974_ (5 u.s.c. Seqtion 552a (1988)), or the Fr~.dom of lnfom1atio11 Act (5 u.s.c. Section ~52 (1986)), tlie contrac.tor agrees not Jo: *

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

(ii). Compete for: work for. ttJe Cpr:nmission based on the inf<:>rmatiori for~ peti(jcj of six months aft~f eith~r the completio(i of this contract or ftie *release of the inforinati,oil to the public, whichever js first;

• (iii) Submit an urisoliclted proposal io the Government based on the information unijl one year after the release ofthe information to 'the public; or (M Release the information without prior written approval by the contracting officer unless the info111'18~on has previously.been released to the public by the NRC.

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

Section 552 (19~6)), oh">tner confidential or privileged techni.cal, busirtes~. orfiriancial informa~on wider this contract, the contractor shall treat th;e informa~ori in. accordance 1Mth restrictions placed Ori use c:,f the information.

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

appropriately modified to preserve the Government's rights.

(g) Remedies. For breach of any of the above res.frictions; or for intentional nondisclosure or misrep~esentation of any relevant interest required to be disclosed concerning this contract or for si.J(?h erroneous representations that necessarily imply bad faith, the* Government may terminate the contract for default; disqualify the contractor from subsequent contractual efforts,*and pursue other remedies permitted by law or this contract.

31

NRC-HQ-84-17-A-0001 (h) Waiv$r. A retji.l~t for ~Iver' ~n~er this_ cl~yse mus~ be directect in writing to the cqntl'.~cting officer in accordance with th~ procedur~ outliriec:I in 48 CFR2009.57~9.'

(I) F9llbW-on effort lhe contractor shall be Ineligible to parttclp~te In NRC contracts, sut>contracts; or proposals theretore.(soilcl~d or unsoilclted): which $tern directly. from the contractoris performance c;if work un~-thl~

cpntract. F~r1hermpre, unles.s so directed in wri~ng by the contracting officer I the contract.or may not perform ~ny

~hnical co(lsulting or 'rnariagemerit support ser\\iices work* tit evaluation ciCtiyities under this c9ntra~t on ariy of i1s products or sennces or the products or ~tvices of.another firm if the contractor has been substantially involved in the ~evelopment or marketing Of the prodµcts or seNces..

(1J.If the cort,~ctor; un~r this cohtl'~t, prepares a complete or essentially complete statement of oork qr specifications, tne contra¢tc>r is ne>t eligiqle to perform or participate iri the initial contractual effort wllich is based on the $tatement of wjrk or specificatiohs, The contractor inay' not incorporate its products or services iri the stat~ment. of 'M>rk or specificatici~ unless so directed in writing by the Contracting Officer, in Vlitlich* case the restrictions In this paragraph dp hot apply.

• (2) Npthing in this paragraph precludes the contractor from offering or selling its standard ~minercial items to the Government. *

. 1.3 52_.21~22 INDEFINrrE QUANTITY. (OCT 1$95)

(a) This is an lndefinite;.quantity contractfor the supplies or sennces spec;ified, and effective for the period stated, in the Schedule. The qu~ntities of supplies and services specified in the Schedule are es~rnates only and are not pur~hased by this contract (b) D~live_ry or performance shall be made only as authorized by orders issued in accordanc:e withtl1e Ordering

. clause. The Contractor shall furnish to the Governmen~ ~en and if orderecUhe*supplies or services.specified in the Schedule up to ar1d including the quantity designated in the Schedule as the "maxin:,µIJl." lhe Government shall order at least the quantity of supplies or' sennces designated in the Schedule as the "minimum"

( c) Exceptfor any limitations on quantities in the Ord~r Limitations clause or in the Sched1;1le, there is no limit on the number of :orders that may be lssu.ed. The Government may issue orders requiring delivery to multiple d~tinations or perfon;nance at multipl~ locations...

( d) Any order issued during the effectiya period of this contract and not completed within that period shall be completed by the Contractor within the time' specified in the order. The contract shall govern the Contractor's and Government's rights and o~llgations with respect to that order to the same extent as if the*order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contractafterTBD.

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

The Government may require cqntinu_ed performance of ~ny se,vices wit~in the limits ~nd at~ rates specified in the ce>ntract. 1h0$8 rc,:1tes may be adjusted only as a r~ull of revisions to pre~iling labor rates,proviaed l>Y ~e Secretary of Lab9r. lhe option provision may~ exerGised more than on~e. but the to.~! extE!nsJon of performance.

hereur19er shall not exceep 6 months. The Colitrac~ng Officer may exercise the option by written notice to the Contractor within 30 days.

1.5 52.219~11 Special 8(a) Contract ¢onditl9ns (JAN 2017)

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

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

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in who!~ or in ~rt without c~t to. either party.

( c) ~eptfor npyation. agreements, delegate to the Nuclear Regulatory Commission the responsibility for admini$tering the subcontract~ be c1warded he=reunder with complete aµthority to take any actio.n cm behalf of the Government under th_e terms and conditions of ttie subcontract; provided, however, th~ the Nucle;:lr Regulatory Commissiqn shall give advance notice to th_e SBA before it issues a final notice terminating th~ right of a subcontractor to proceed with further performance, either in \\Nhole or in part, under the subcontract for default or 32

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

(d) that paymen~ tobe made under any subcontract8W;!rdedunderthiscontractwill be made directly to the subcontractor by the Nuclear Regulatory Col1Vllission.

(e)*That th.e subcontractor awarded a subcontract hereunder ~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 Contracting Officer immediately 1.Jpon notification by the subcontractor that the owner or owners upon whom 8(a) el@bility was based plan to relinquish ownership or controlofthe concern.

(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(~). insertthefollowing clause:

(a) This clause does not apply to the unrestricted portion 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) Part9t*pa~of ~ multip~av.icird* contractthatha~ been ~et aside for small bujint¥ i::or1cefn~ or S"(a) participants; and' (3) Or~rs ~t aside for small business or 8(a) participants 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 contract, the Offeror/Cohtractoragrees ttiafin performance of the contractlnthecaseofacontractfor:....

(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.facW,reJ of sµc~ suppli~s ). The c::oricern shaD perform work for at least 50 percentofthe costof manufclqtµriilgthes.uppUes, notin,cludingth_e cQStof materiS!ls;

.. (3) Gf;lneral constru~tion. The con_9ern will perform afleast 15 percent of the cost of the contract* not including the cost of materials, with its own er:npioy~s.

( 4) Constructjon.by special b:ad_e contractors: lhe con~ern will perform at least 25 ~n~ent of the ~ost of the cqJJtract,,not including fi:,e cos(pf materials, with its own emplqyees.

(End of clause) 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 Administration (SBA) agrees to the following:,

( 1) To fu'rr1.ish the supplies-or services set forth in the contract 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~nded (15U.S.C. 637(a)). *

(2) Except for novaticm agreements, delegates to the Nuclear 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 made directly to the subcontractor by the contracting d~

( 4) To notify the Nuclear Regulatory Commission Contracting 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 hereunder 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 perfprm

~II of the requiremen~ofthe con~act.

( c) The offeror/subcontractoi" agrees that it will hot sllbcontractthe 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

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---

NRC-HQ-84-17-A-0001 "Computer database" or "database means" a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer; The term does not include computer software.

"Computer software"-

(1) Means (i) Computer programs that comprise a ~ies of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, c1nd related material that v.ould enable the computer program to be produced, created, or compiled.

(2) Does not include computer data~ses or computer software documentation.

"Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other-similar items, regardless of storage medium, that explain the capabilities of the computer software qr provide instructions for using the software.

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

includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

"Form, fit, and function data" means* data relating to items, components, or processes that are sufficient to enable physical and functional interchangeabllity, ~nd data identifying source, size, configuration, mating and attachment characteristics, functional*characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulc;!s;. and flow charts of the software.

"Limited rights" means the rights.of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) ifincluded in this clause.

"Limited rights datau means data, 0th.er than computer software, that embody.trade secrets or are commercial or financial and confidential or privileged, to the extent that such data* pertain to items, components, or proc~sses developed at private expense, including minor modifications; "Restricted computer software" means computer* software developed at private expense a_nd that is a trade secret,

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

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

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

"Technical data" means.recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other inf9rmation incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases {See41 U.S.C. 116).

"Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare ~erivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of rights.

(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in-(i) Data first produced in the *performance of this contract; (ii) Form, fit, and function data delivered under this contract; (iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract and (iv) All other data.delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.

(2) The Contractor shall have the right to---

34

NRC-HQ-84-17-A-0001 (i) Assert copyright in data first produced in the performance of this contract to the extent pro\\ided in paragraph

• (c)(1)ofthisclause;

• (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 othemnse 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) Copyright-(1) Data first produced in the performance of this contract.

{I) Unless provided otherwise in p~ragraph (d) of this clause, the Contractor 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, technical 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 contract

{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 Government, 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 Contractor 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 Contractot-(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)of 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 national 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 inspection 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 affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii) If the Contractor fails to respond or fails to provide written justification 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 markings 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 propriety of the markings within the period set in paragraph (e)(1 )(i) of this clause, the Contracting Officer will consider such written justification and determine*

35

NRC-HQ-84-17-A-0001

'Nhether or not 1he markings are to be cancelled. or ignored. If the Contracting Officer determines that 1he markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authbri:zed, the Contracting Officer will furnish the Contractor a Y.1"1tten determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdittlon within 90 days of receipt of the Contracting Officer's decision. lhe Government will continue*fo ~bide by the markings under this paragraph ( e )( 1 )(iii) until final resolution of the matter either by the Contracting Officer's deternination becoming final (in which instance the Government will thereafter have the rigtitto cancel or ignore the markings at any time and the data wiD no longer be made subject to any disclosure prohibitions), or by final disposition of the matter_ by court decision if suit is filed.

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

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

(f) Omitted or incorrect markings.

( 1) Data delivered to the Government 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. *

(2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in lM'iting for good cause shov,m) after delivery of the data; permission to have authorized notices placed on the data at the Contractor's expense.

The Contracting Officer may agree to do so if the Contractor-(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 (iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made

. 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-(i) Permit correction of the notice at the_ Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or (ii) Correctany incorrect notices.

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

• (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii)of this clause. As a condition to this withholding, the 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]

(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract If a subcontractor refuses to accept terms affording the Government* those rights, the Contractor shaH promp11y notify the Contracting Officer of the* refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer.

(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government (End of clause) 1.9 52.227-17 Rights in Data-Special Works (Dec 2007)

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

"Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing; or management information.

"Unlimited rights" means 1he rights of the Government to use, disclose, reproduce, prepare derivative VJOrks, 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 paragraph ( c )( 1) of this clause.

(iii) The right to limit the release and use.of certain data in accordance 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) Copyright-( 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 contract number) to the data\\-vhen deOvered to ihe Government, as well as when the data are published or deposited 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 *to reproduce, prepare derivative works, distribllte copies to the public, and perform publicly and display publicly, by or on behalf of the Gowrnment (ii) If the Government desires to obtain copyright in data first prpduced 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 delivered under this contract any data not first produced in the performance of this contract and that contain the copyright 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 of the 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 Contracting* 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>qjenses, 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 unlawful 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 applicable laws, rules,' or regulations to participate in the defense of the claim or suit and obtains the Contractor's consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; 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 costthe Government more than (1) the estimated cost specified i_n the Schedule or, (2) if this is a cost-sharing contract, 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 payment 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 Government under the contract approximates but does 37

\\

NRC-HQ-84-17-A-0001 not exceed the te>tal amount actµaHy allotted by the Government to~ contract

( C) The Contractor shall riotify the Contracting Officer i!'l W!".itirig wte.n~Wt it has reason to beli~ve tbat the ~Osts. it expects to h1c;ur under this contract in the. nf:3xl ~O days, when added_ to all c.0$ previously lrii::ur~. WIii ex.c~ 75 percent of ( 1) the tqtal amoulit ~ far allc;itied to the contract by the. Govarn.ment or, (2) if ihis is a cost:sharing c;ontract, 'th~ amou.ht then allotted *to the cohtractby the. GoverhiTlent plus the Contr(lc*9r's corresponding shar$.

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

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

~ r~uired.

( e) If; afteq,otification, additional funds are not allotted by the end of the period specified in the Schedul~ or another agreed-upon date, upon the Contractor's written request the Contracting Off1cerwilltermlhat~ this co*ntract on that date in accordance With ihe provisions of the Termlri~tion clause of this contract. If the,Con~acfur.

estimates that the funds available lo\\411 ~Dow it to cofitinue to. disch~rge its obligations beyQnd that ~ate, i\\ may specify a later date in its request, and the Contr~cting Officer~yterr'ninatethis contract on that later date.

(f) ~ept as required by other provisions of this contract, specifi~ly ciQng and stated to* be an exception to this 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 Contractor-is not obfiQSted.to continµe performance 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; (ii) If this is a cost-sharing contract, t!le amount then allotted by the Governnien~ to tl:le contract plus tile Cc>ntia.cJor'~ CO(~sport~ing share, !..lri~I the Contracting Qffi.cernotifies the Cqntractor in ~itiri'g that.the a~unt.

allotted by the Government has been increased and specifies an increased amount, Vllhich shall then constitute the total a~unt allotted ~y the Govel'flnieni to this';t:0,1Jtract (g~,:ti~ esti~ted. cost shall t.>e increased. tQ)h~ extent that ( 1) tile amotmt allotted by~ Government or,,(2) if this isa cost-sharing con~ct. the amoµnf thei'l allotted by the ~mment to ~e. contract plµs th, C9ntr~ct9_r'$.

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

(h) No riotice, communication, or repre~~$.tioi'l in any forn) otl:ier Jhan tt,at si:>e,~ified in subparag*r~ph (f)(2) above,

• or'fr9m any person p~er 111,~n.the ¢ontr~ctir:ig Officer. ~hall a~eqt~e amoµnt allolte.d _by the G?~rn~nt to tt:iis contra,~t. In the ab~encf). of the sp~clfied notice, the. Go~rnmenl is ne>t optiga,ted to reimb1,1rs~ f!,e Coritra,qtor for a11y posts il'.l exce~~ of the to~l ~mount allq~d by the.Governmen~ to this ccmtra~t; ""'1~ther ini;urrecl !;Juring the coµrse of the ~on~~~J or a~ a r~ult of ~rmir.ia~9n.

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

• contractorincursbeforethe1ncreasethatareinexcessof*

I

(~) ii,e_ ~rpount previOU!?ly, allottec(t,y the ~vernment or; (2) If this Is~ cost-sharing contract. the amount previously ~llcitted by the. Gqvernment to th~ contraqtplus the*

Contractor's corresponding share, shall be allowable to the same extent as If Incurred afterward, unless.th~

Contracting Officer Issues a termination or other.notice and directs that the increase Is so*1e1y to cover termination or other specified expenses.

1 (j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasirg the.amount allotted.

(k) Nothing in this clause shall affectthe right of the Government to tetmi.rtate this contract. If this contract is terminated, the* Government and the Contractor shall negotiate an equitable distribution of all property produced or

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

(I) If the.Ggvemment does not allot sufficient funds to allow* completion of the work, the Contractor is en~tled to a percentage of the fee specified in the ScheduJe equalling _the percenµ3ge of completion of the work contemplated 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 Offic~rwritten notice stating-(1) Th~ date, circurnstances, and source of the Qrder; and (2)*That the Contrac;tc>F regards the order as a change order.

(~) Except a~ provided in this clau~. no order, statement, or conduct of the Contracting Officer shaD be treated as a change under this c!~use or entitle the Contractor to an equitable adjlJs~nt (d) If any change under ltiis claµse 9au~s ari increa$8 or*decrease in the Contractor'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§ltrnent. 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 notice.under paragraph(~) of this cla~.*by subrnitlihg to the Contracting Officer a written state111ent describing the general nature and amount pf the proposal, unless this ~riod is,extend~

• f?y the Government The $tement 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 after final payment

. under this contract (End of clause) 39

' SOLICITATION/CONTRACT/OROJ:R ~ *,cOMI\\IIERCIAi. ITEMS OFFEROR TO COMPLETE BLOGK.S 12, 17, 23, 24, & 30 PAGE !OF ONTRAC;!"NO.

NRC-10-07-433

3. AWAAOIEFFECTIIIE DATE.

~tlirlf 4.0ROER NO.

MODIFICATION NO. 5. SOLICITATloN NUMBER ADM-07-433

6. SOLiCITATICitl~~kATI!

01-10-~007

'OR SOLICIT... TION INFORMATION CALL:

a. NAME i "

• sh~ij.ene Mccubbin

b. TEU:PliOt-JE NO. (No C!)llecl CaUS) 30l-4i'5:..6S65.

ii. *oFFER DUE DAteit.OCA.l TIME 01-20-2007 3: oonm

sUEDBY U.S. Nuclear Regulatory Commission Div. of contracts

• Attn: ~arlene M¢Cubbin Mail Stop T-7-I-2 Washington; DC 20555 DELIVERY FOR Foe DESTINA*

ION UNLESS BLOCK IS 1ARKEO D SEE SCHEDULE 12:*o,scouNT 'TERMS N/A CODE

_3_1-0_0 ____ tO. THIS ACQLIJSITION IS D.UNRESTRICTED OR NAICS:

SIZE STJ\\NOARD:

. D 13a. THIS CONTRACTJS A

!IATED ORQER.UNOER OPAS (15 CFR 700)

D SET ASIDE:

% FOR:

tJ S~LL BUSINESS 0 EMERGING SWILL BUSINESS 0 HUBzciNE SMALL

... BUSINESS D SERVIC~*DISABLED VETERAN- [] 8[A)

OWNED Sw.t.L BUSINeSS 13b. RATING N/1'.

~THOD OF ~CITATION ~

LJ RFD.

U1FB.

c...JRFP DELIIIERTO CODE

16. A0MiN1Sin£RECi 6Y CODE l._3..... 1.,...00 _________ ~

U.S. Nuclear Regula;ory COlnmission U.S. -Nuclear Regulatory commission

.Div. of Contracts*

Mail *Stop T-7-I-2 washingt;ori DC 20555 wa~hingtoi:i, PC 20555

,. comAAcToRJoFFERoR cooE 11 u ~]:2. q I J;.I 1,fi.c1L11Y coDe 1...._. ____________ -11aa. PAYMENT WILL eE w.De eY BLUE RIDGE LIMOSNE & TOURS SERVICES INC 7504 INZER ST SPRlNGFIELD VA 221512921

.EPHONENO.

u.s. Nuclear Regulatory Commission Division of contracts, Mail Stop T-7-I2 l1SSS Rockville Pike Rockville MD 2pes2 CODEI 3100 I 17b. CHECK IF REM!TT ANCE IS DIFFERENT />.ND PUT S\\JCH ADDR,ESS IN OFFER llib. SUBMIT INIIOICES TO ADDRESS SHOWN IN BLOCK 1Ba UNlESS BLOCK BELOW IS CHECKED D SEE ADDENDUM

. 19.

ITEMNO.

20.

See CONTINUATION"Page SCHeDULE ()F SIJPPUES/SeF\\IIICES The purpose of this contract is have Blue Ridge Limousine Service provide shuttle service b_etween u.*s. Nuclear commission, 11555 Rockville Pike, Rockville, MD and 6_0*03 Executive Boulevard Building IEBB) to conduct official bus.iness for all NRC.badged etl)ployees for official use only.

The perio~ of performa.~e is one.year with four one-year options. *

21.

OUANTfTY

22.

UNIT 23

• tJNll PRICE

24.

AMOUNT 1

Basic contract

• ShUt:tle serv:ice one year from the 12 months 10,171.92

$122,063.04 l;!ffective Q.at:e 2

Option Year 1 - shuttle Service 12 months 10,477, 08

$125, 72_4.96 3

Option Year 2* -

shucele S!=rvice 12 111onths 10,791.39

$129,496.68 4

Option Year 3 -

Shuttle service 12 months 11,115.13

$133! 381. 56 5

Option Year 4 - Shuttle Service 12 months 11,448.58

$137,382.96 (Use Reverse iam!lor Attach Adrfotional Sheets as Necessary)

ACCOUNTING ANO APPRDPRl~TION DATA See CONTINUATION Page.

31X0200 B&~: 740l55Bt3:2 JCN: X2322 BOC: 252A

26. TOTAL AWAAO AMOUNT (For Govt. Use Only) p*O:::B:::L::l.a::G::.,A:.:T.=E,.,.;:-=~***"'* =*===-==-*-**-:.=*-===-*=**.o*=--*,.--... -:;;.*..:.*"'=""-'=-=**=*-*=*-~*==-=*=-=----~--~~-------'-i=;---.==,;------------:--------

1 27a. SOLICITATI_ON INCORPORATES BY REFERENCE FAR 52.2i2-1. S2.212-4. FAR52212-3AND 52.212-S ARE ATTACHED. ADDENDA LJ ARE OARE NOT ATTACHED, 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 HORIZED FOR lOOALJ,EPRODUCTION VIOUS EDITION IS NOT USABLE l

io*c. DATE SIGNED

J-.tJ-tJ7 U 29. AWARD OF CONTRACT: Ref OFFER DATED

. YOUR OffER ON S0L.ICITATJON (BLOCK 5), INCLlJDING ANY ADDlTIQNS OR "cHANGES WHICH ARE.

SET FORTH HEREIN 1$ ACCEPTED AS TO ITEMS:

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

RAJ11Nf OFFICER)

LUv~ 1.1//bdJlh 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

Sharlene McCubbin contractino* Officer 1

31c. D/1>.TE SIGNjD J.2,ltrr STANDARD FORM 1')49 (REV. 312005)

I

!"restllbed by GSA

• FAR (48 CFR) S3.212

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

$etvice to 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 StC!P to. the rout~t The ntractor shall sµbrnli reports and docµmenteition,,s identifierJ on 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 PO or 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 an appropriate NRC building ID badge are transported ori the shuttle;

• 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 LV: 6:30 a.m. TWF'N LV: 6:50 a.m. EBB LV: 7:15 a.rn. TWFN LV: 7:35 a.m. EBB LV: 8:00 a.m:TWFN LV: 8:20 a.m. EBB LV: 8:45a.m. TWFN LV: 9:05 a.m. EBB LV: 9:30 a.m. TWFN LV: 9:50 a.m. EBB LV: 10:15 a.m. TWFN LV: 10:35 2.m. EBB LV: 11:00 a.m. TVVFN LV: 11 :20 a.rn. EEIS Vehicle to park at twFN Note: 11:30 -12:30 (Lunch And Fueling of vehicle)

PM SCHEDULE

• LV: 12:30 p.m. TWFN LV: 12:50 p.m. EBB LV: 1:15 p.ni. TWFN LV: 1:35 p.m. EBB LV: 2:00 p.m. TWFN LV: 2:20 p.m. EBB LV: 2:45 p.m. TWFN LV: 3:05 p.ni. EBB LV: 3:30 p.m. TWFN

• LV:

3:50 p.m. EBB LV: *.4:15 p.m. TWFN LV: 4:35 p.rn. EBB LV:

5:00 p.m. TWFN LV:

5:20 p.m. EBB LV:

5:45 p.m. T\\IVFN LV: a:os p.m. e*ae 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 safe mechanical condition. The contractor must not use buses that have been identified by Quality 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 professional uniform free from_ stains and Odors* and advertisements or siogans except the.company and dnv$r's name.

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 grantees hired to perform work Urider this ~ntract are citizens of the United. States or, if aliens have the appropriate 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 stated in the sow.

Access to NRC Facilities A oontractor employee shali not have access to NRC facilHies.until he/she is approved 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 be rappr()v.e(f bas$d of favorably adjud.icated backQround che.c:ks by General Servic,es Admini$tration in accordance with the procedures found in NRC Management Directive 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 complete and submit to the contractor represen~tive as acceptable GSA Form 176 (Statement 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 can be a

... **- _ -*---*Permanent Resident Card; TemporaJY. Work Visa, EmRloY.ment Authorization Card, or other official docum$ritation issued by the ~-S. Citizenship and lrnn,igration. Setvioes. Any applit;ant with less than two years residency in the U.S. will not be approve~ for building access. The contractor representative wilf submit th~ docurnents to the Project Officer who will give them to the SB/DFS. SB/OFS may, am9ng other things, grant or d~liy temporary imescorted building a~~s. app~val J~ a.rt tr:ufivi_qu~I b~s.ed ~pon i.i~.~vte.w t;,f ffi.~Jn.f.o~aijon ~rrt,in~ in th, G~A Form 176.

• Also, in the exercise of jts authority, GSA may, among other things, 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.

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

Table of Contents SECTION A.........................................

~............................................. ;.. ~~!'******~~***********~*******************~** A-1 A 1 SF 1449 SOL,ICffATION/CON1RACT/OROER FOR COMMERCIAL ITEMS................. A*1

.SECTION B

• CQNTINUATION BLO'C*K *&1*******~*******************~!1'****"*******u*********~********~****~********************* 8*1 S'=ct10N *c * *CONTRACT CLAUSES **-~*******************~;.......... ~*******~***********a:************ia,iiiiii,.,..*............ c~1 C.1 NOTICE LISTING CONTRACT.CLAUSES INCORPORATED BY REFERE:NCE............ C-1 C.2 52*.252-2 CLAU$ES INC9RPORATEIJ BYREFERENCE (FEB 1998)'.*****************:*...... C-1 C.3 52.212~5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

.*. EXECUTIVE ORDERS--COMMERCIALJTEMS {No\\/206:e);......................... ::............. C-1 C.4 52.21~*.17 SECT19N,8_(9-) AWARD (DEC 1996)...,........................................................ C-5.

Q.5 PROJECT QFFICE;R AUTHORITY (FEB 2004)........... ;,.,....*...............*...,....,................... C-8 C.6 52.217;.8 OPTION to EXTEND SERVICE$ (NOV 1999).,.......*...................*................ C-,7 C. 7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR *2000)..*......... C.. 8 C.8 DURATION QF CONTRACT PERIOD (MAR 1987) ALTERNATE 2 (MAR 1987).... ;....... C-8 C.9 OETERMINATlQN OF MINIMUM WAGES AND FRINGE BENEFITS (NOV 1989).......,. C-8'

• ,C.10 2052.204;70 $ECURITY (MAR2004) ;......,.............................. :................................... C-8.

Q.11 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL {MAR 2006)... C-10 C.12 52;228-10 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE (APR 1984)0-11 Q.13 SEAT-BELTS.......... ;,.,...... '... ;....................................,................................................,... C-11 C. 14 Cornpliat1ce with U.S. Immigration Laws and Regulations........... ;........................ ;...... C-11 SECTION D.. CONTRACT DOCUMENTS, EXHIBITS, 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.

SECTION C

• CONTRACt CLAUSES

)

C.1 NOTICE Ll$TING CONTRACT CLAUSES JNCORPORATED 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.

NUM6!:;R 52.204-1 52.204-9 52.223-6 52.237-2' 52.233-4 TITLE.

DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1).

CENTRAL CONTRACTOR REGISTRATION PERSONAL IDENTITY VERIFICATION OF

• QC>NTRJ\\,CTOR PERSONNEL

-~~~E~~TgNwc?t~6~~~MENT BUILDINGS, EQUIPMENT, AND VEGETATION..

APPLICABLE LAW FOR BREACH. OF CONTRACT CLAiM JUL 2006 NOV2ode MAY 2001 APR 1984 OCT2004 C.~ 52.252-2 CLAUSES INCORPORATED BY REFERl;NCE (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 52.212*5 CONTRACT TE:Rl\\!IS ANP.CONDITIONS RE-QUIRED TO JMf>>LEMENT STATUTES I

OR EXECUTIVE 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 the offoror elects to waive the pre,ference, it shall so indicate in its offer) (15 U.S.C. 657a),

[ ] ( 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 Facilities {FEB 1999).

[] (17) 52.222.. 26, Equal Opportunity {APR 2002) (E.O. 11246).

O (18) 52.222-35; Eq~al QpportunJty for Special Disabled Veterans, Veterans. of the Vietnam Era, and.

Other Eligibl~ Veterans {SEP 2006) (38 U.S.C. 4212).

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

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

a {21)52.222-,39*, Notification of Employee Rights Oonceming Payment of Union Dues or:Fees (DEC 2004)

(E.0.1320f~'

0 (2.2)(i} 52,22:3.. 9; Estimate of Percentage of Recovered Material Content for EPA~Oesigriated Products (AUG 2000) (42 U'.S,C. 6962(c)(3){A)(ii)).

0 (ii} Alternate I (AUG 2000) of52.223*9 (42 U.S.C.*6962(i)(2)(C)).

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

D (24),(i) 52.225-3; Buy Am!3rican Act--Free Trade Agreements.;.. Israeli Trade Act (NOV 2006) ( 41 U.S.C.

1 oa:.10d, 19 u.s.c. 3301 note, 19 U.S.C. 2112 note, Pub. *L 1oa~11, 108-18, 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 2006) (19 LJ.S*.C; 2501, et seq., 19 u.s.c. 3301 note).

[1 (26) 52.225-1-3, Restricti_ons on p~rtain1Foreign Purchases (FEB 2006} (E.O.s; proclamations, and statutes ac!minJstered by the Office of Foreign Assets Contrql of the Dep_artmerit of the Treasury).

a (27) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150}.

{] (28) 52.226~5. Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).

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

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

2307(f)).

D {~1) ~2.432*33, Payment by Electronic Funds Transfer-.. centtal Contractor Registration (OCT 2003) (31 u.s.c. 3332).

a (32} 52.232-34, Payment by Electronic Funds Transfer*-Other than Central Contractor Registration (MAY

• 1999) (31 U.S.<;. 3332).

0 (33) 52,232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

C-3

N RC-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 Act and Service Contract Acl.. -'Price Adjustrnent (Multiple Year and Option C_ontracts) (NOV :2006) (29 U.S.C. 206 and 41 U.$.C. 351, _et seq.).

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 Section c business conqems) ex.ceed.s.$Q50,000 ($1,000,000 tor construction pf any public f~cility), the subcontractor rnust include 52.219-8 in iower tier 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, Veterans pf tile Vietna111 Eta, and Other Eligible Veterans (SEP 2006) (38 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.mployee Rights Concerning Payment of lJoion Dues or Fees (DlSC 2004)

(EO. 13201},

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

(vii) 52.247-64, Preference f9r Privately Owned U.S:~Flag Commercial Ves$eis (FEB 2006) (46 U.S.C.

Appx 1241(q) and 10 U,S;C. 26~1). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64..

(2) W~ile not requited, the contractor !TIBY inch,.1de in its svbcontracts for commercial items a minimal number of additional clauses necessary to s~tisfy.its contractual obligatlons.

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

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

( 1) To furnish the supplies or services set forth in the contract according t9 the specificijtions and the terms and conditions by sub9ontr~cting with the Offerer who has been determined an eligible concern pursuant to the*

provisions of section 8(a) ofthe Small Business Act,.as amended (15 U.S.C. 637(a))..

(2) Except for riovatioh agreements a.nd advance payments, delegates to' the Nuclear Regulatory Commission the responsibility.for administering the contract with cgmpiete authority to. take any action on behalf of the Government under the terms arid. conditions of the contract; provided, however that the contr1;1cting agency sha_ll gfve advanc~ notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part. under the contract.

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

(4) To notify the Nuclear Regulatory Commission. Contracting Officer immediately upon notification by the

... subcontractor*that-the--owner-or owners-upon-whonr8(aj eligibility-yvas-~as*ed*pfarrtrnelinqaistrown-e-rsftfp1:w---*-*

control of the concern.

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

C*5

NRC-10-07-433 Section C fb) Th~ bffE?ror/subcontractor agre~s and acknowledges.that it wilt, for and on behalf of the SBA, fulfill and perform all of the requirements ofthe contract.

(c) The offeror/subcoritractor agrees that it wlll not subcontraci the performance of any Qf the r~~uir~ments of this subqontract to any lower tier subcontractor without the prior written approvl:11 of th_e SBA and the cognizant Contracting Officer of the Nuclear Regulatory Commission.

c~s PROJECT.OFFICER AUTHORITY (FEB 2004)

(a) The contracting officer-'s authorized representative hereinaft$r referred to as the project officer for this contract is:

Name:

Reginald T. Stansbury Address:

lJ. S. Nuclear Regulatory Commission One White f=lint North 11556 Rockville Pike, MS OP1-37 Rockville, MD 20852-2738 Telephone Number: *. 301-415-2095 email TRS@nrc.gov (b) Performance of the work under this con_tract is subject to the technical direction of the NRC project officer.

The term "technical direction" is defined to include the following:

( 1) Technical direqtion to the contractor which shifts work emphasis between areas of work or tasks.,

authorizes travel which was unanticipate,d in the Schedule (i.e., travel not contemplated in the Statement of Work (SOW) or changes to specific travel identified in the SOW), fj!ls in details, or otherwise serves to accomplish the contractual SOW.

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

(3) Review and, where required by the contract, approval of technfoal reports, dr~wings, 1:,pecificatlo11s*, and technical information_ to be delivered bY the contractor to. the Government under the contra ct.

(c) Technical direction must be within.the general statement of work stated i~-the contract. rhe project officer does riot have the authority to and* may not i$Sue any technical direction which:.

( 1) constitutes an assignment of work outside the general scope of the contract.

(2) Constitutes a change as defined in the "Changes" clause of this contract.

(3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.

- {47 *ehanges-any-of-the-expressed-terms;-*conditions;-or*spe-cifications*of the* contract*---~---***----.. ---* ---

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

(cl) All technical directions must be issued in Writing by the project officer or must be confirmed by th~ project officer ih writing within ten ( 10) working days ~fter verbal issuance. A copy of the written direction must be l

C-6

NRC'!'10.. 07.43~

Section C furnished t<;> the contracting officer. A copy of NRC Form 445, Request for* Approval of ()fficial F'or~ign Travel, Which has received final approval from the NRC n,ust be furnished to the contracting officer, *

( e) The (?Ontractor shall proceed promptly \\11/ith the performance of technical directions qtlly issuecJ by tne project officer in the manner prescribed by this clause and within the project officer's authority under the provisions of this clause.

(f) If, in the opinion of th~ contractor, an.y instruction or direction i$sued by the project officer is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contrac;:tirtg officer iri writing within* fjve (5) working days after the*receipt of anY instruction or direction and shall request the pontrac;ting offio~r to modify the contract accordingly, Vpcm r~cEi!iving the notifioatlqn from th~

9ontractor-; the contracting officer shall i$sue,an apprt>pri~te.cqntr~ct modmcation pr advise th~ contractor in writing that, in the contracting officer's opinlori; the technical direction is within the scope of this article and does* not constitute a change t.:nder the "Changes" clause.

(g) Any unauthorized commitment or direction issue~ by the project officer may result in \\:IA_ unneqessary delay in the contraq1or's performance 8f'ld may ev~n result in the contractor expending funds for unallowable costs under the contract.

(h) A failure *of the parties to agree upon the nature ofthe instruction or djrecUon or upon the contract action to be taken with respect thereto is subj_ect to 52.?33.1. Disputes.

(i} In addition to providing,t~ct,nical direction as defined in paragraph (b) of the section; the project officer Shat (1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recomrrien(f to the contr~cting officer changes in requirements:

(2) Assist the contractor in the resolutio_n Qf t~chnical problems encountered during performance.

(3) Review all costs reques~ed. for reir.nbursementby the contract~r and submit to the contracting officer recommendations for approval, disapproval, or ~uspension of payment for supplies and services required under this contract (4) Assist the contractor in obtaining the badges for the contractor personnel.

(5) Immediately notify the Security Br~nch, Division ot i=aciiities and Security (SB/DFS) (via e~mall) when a contractor employee no longer requires access authorization and return of anyNRC issued badge to SB/DFS within three days after their termination." *

(6) Ensure, that ~JI contractor employ~es that require acce$s to clas~ifi.ed Restricted Data pr Nafior:1al Security Information or matter, access to sensitive unqlassifi~d information ($c:1feguards, Official Use Only, and' Proprietary information) access t<<:> sensitive IT *system$ or d~ta. ur:iescorted access to NRC cqntrolled

• buildings/space, or unescorted access to _profect~d arid vital area$ of nucl~ar pqwer plants recelve approval of SB/DFS prior to access in accordance with Managem_ent Directive ~hd Handbook 12;3.

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require qontinued performance of any services within the limits and at the rates specified in thl:l contract. These rates may be adjusted only as a result of revisions to prevailing labor rates C-7

~

NRc~10-07.,433 f'.

Section c provi~ep py the Secretary of L,abor. The option provision may be exerciseq more than once; but the tot~I extension of petformance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

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

(a) ThE? Government may extend the terrn of this contract by writter notice to the Contractor Within 30 days; providid that the Government gives the Contractor a prelimitiary Written notice of its intent to extend at least 45 days before the contract expires.. The preliminary notice does not coriirriit the Government to an extension.

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

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

C.8 DURATION OF CONT~ACT PERIOD (MAR 1987) ALTERNATE 2 (MAR 1987)

This contract shall commence on March 19, 2007 and will expire on March 18, 2008. The term of this contract may be extended at the option of the Government for an additional 4 years.

C.9 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS (NOV 1989)

Each employee of the Contractor or any subcontractor performing services under this contract shall be pakl at least the minimum allowable monetary wage and fringe benefits prescribed under: the l).S. Oepartment of Labor Wage Determination which is attached (See Section J for List of Attachments).

C.10 20~2.. 204.70 SECURITY (!V1AR 2004)

(a) Contract Security and/or Classification Requirements (NRC Form 187). The policies, procedures. and criteria of the NRC Security Program, NRC Management Directive (MD) 12 (including MD 12.1, "NRC Facility Security Program; MD 12.2, "NRC Classified Information Security Prograrn;I' MD 12.3, "NRC.Persi;mnel Security Program;" MD 12.4, "NRC Telecommunications Systems Security Program;'; MO 12.5, "NRC Automated Information Systems Security Program;" and MD 12.6, "NRC Sensitive Unclassified Information Security Program;'), Eipply to performance of this contract, subcontract or other activity. This MD is incorporated into this contract by reference as though fully set fc;>rth herein. The attached NRC Form 187 (See List of Attachments} furrlshes th~ basis for proyid~ng security and classification requirements to prime contractors; subcontractors, or others (e.g., bidders) who have or may have ah NRC contractual relationship that requires access to classified Restricted Data or National Security Information or matter, access to sensitive unclassified information {e.g., Safeguards), access to sensitive Information Techn9logY._(!]'_l_fil§tern.~---

or data, unescorted access to NRC controlled.buildings/space; or unescorted access to protected and vital areas of nuclear power plants.

(b) It is the contractor's duty to protect.Nation~! Security Information, Restricted Data, and Formerly Restrict~q Data. tne cbntract9.r ~ha!I, in. a9c9rq~nc~ with. tt)e CommlssiQn's.securify regulations and require!TIE:!hts, be re,sponsible for protecting National Security lhform*atlon, Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and C*B

NRC-10-07-433 Section c

• material in the contractor's posseS$jQn in. ~onnection with the perfo~mance of. work t;inder this ~ontr~ct.. Except a.s otherwise eipressly provided ih this contract, the contractor Eihall, upon c,ompletii;>Ji qr termination of this contract. transmit fo the Comrj,i~sion any cla~sified matter in the possession of the contractor or any person under the contractor's control in conriectio.n with performance of this contract: If rettmUon by the contractor of

~my classified rn~tt~r is r~quirEld after the completion or terrnination of-(he. contr~ct and the rete,ntiAn is approved by the contracting officer, tne contr?1qt9r shall p¢mpll3te a (;ertjficate of.pQssession to be fornished to the Commission specifying the cla~sified.n1atfet to be retained. the certification m1,1st.itll?l'l{ify the itemi:; and type~ Of c~tegqries of rnatter retained, the conditions governing the r~tf?ntion Of the matter ~fnd tneir period pf retenti6n, 1f known. If the retention is approved by tile *contracting :officer; the security provisions of the contract continue to b? applicable to th~ matter retained.

(c) In connection with the performance of the work under this contract, the contractor may oe furni~h~d1 or may dev13lop or acquire, sE!feguarqs infqrm~tioh., o.r con~pei11tial or j:)tiyileged technical, business; or financial inform~tic)fi, incluqirig Qornmi~*f)ion plans, polic!es1 reports, financial plans, internal data protected by the Privacy A¢f of1974 {Pub. L. 93.579), or.other Information which has not been released to the public or has been determined *by the Commission to be 9therwis~ e?(empt trom disclosure to the. public. The contractor sflall ensure.that inJorrrii;itjpn prqt~cted from ptiblic disclosure is maintained as required by NRG regulati9ns and policies. as citep in this contract pr as otherwise provideq by tl'le NRC; The contractor wiil not directly or lndirectly duplicate; disseminate; or displose the information in whole or ih part to any other person or organization except a~ may l:>e necess~ry to_p~rform the Work under this contract The contractdr a*grees to return the information to the Commission or otherwise diSPOl?e of it at the direction of the ~ontracting officer.

Failure to comply with this clause is 9roui1ds for termination of this coritract (d) Regulations. The contractor agrees to conform to all security regulati9ns and requirements of th.e Commission which are subject to change as directed by the NRC Qivision of Facilities and Security (DFS) and the Contracting Officer. ihese change$ will I:>~ under the atJtllority of the FAR Changes clause* referenced iii this document.

The contractor agree*s to comply with the security re,quir@rnents set forth in NRQ Management Directiv~ 12.1, NRC Facility Security Prog.rahi wflicM is incorpi:m:it~d into this contract by r~ference as though fully set forth herein. Atteritlon is dire.cted specifi~lly to the section titled "Infractions and Violations," including "Administrative' Actionslland "Reporting Infractions.II (e) Definition of National SecuriW lnfonnaticm. The term National $.ecurity Information, as used in this clause, means information that h~s bee~. determined pursuant to Executive Order 12958 or any predecessor orderto require protection against unauthorized di~clpsure and that is so designated.

(f).Definition pf Restri~ted pata. The term Restricted Data, as us.ei;i in. this. clause; means all data concerning design, m!:lmifacture, or utili2i3t1on of ato111i_c weapons,; t.he production of spe,ciai nuclear material; *or the use of.

special nuclear mated~, in the prpd1,1ction of *energy, but dqes not include data declassified or removed from the Restrict~.d Data c~tegocy pursuant to Section 142 of the Atomic l;nergy Act of 1954, as amended.

(g) Definition of Formerly Restrict~d Data. The term Formeriy Restricted Data, as used in* this clause, mean~

all data removed from the Restricteo Data c.ategory under Section 142,.d of the Atomic Energy Act of 1954, as amended.

-- (h}*Definitiorr-of-Safegoards**fnformation:-SefrsitiV8"lrn""tli:f~ifiecrmformation fliat specifica*llyfdentifies the- *-**---. -

detailed security measures of a licens~e or an applicant for the phy:~ical protection of special nuclear material; or security measures for the physical protecti9n a11d location of certain plant equipment vital to the safety of

• production of utilization facilities. Protection of this.information is required pursuant to Section 147 of the Atomic Energy Act of 1954, as amended.

(i) S~c:urity Clearance. The contractor may not permit any individual to l)ave access to Restricted*oata; Formerly Restric.ted Data, or other classified information, except in accordance with the Atoinic Energt Act of C-9

NRC-10*07-433

$ec~ion C 1954, as amended; ~nd the Commission's regulations or requirements applicable to the particulartype or catego!Y of classified information to which :access is required. The contractor s~atl also execute a Standard.

Form *312, Classified lnformation*Nondisclosure Agreement, when access to classified friformation ls required.

i-

{j) Crimll)c\\il l,.iabiliti.es. It is understood that disclosure of National Security lnfonriatloh, ~estricteQ Data, and Formerly Restricted Data relating to the work or servip13s ordered hereu"'(ier to any persbri not ~ntltl.~d to.

receive it, or failure to safeguard any RestricteQ Data, Forni~rly Restricted Data, or any pther classified ma.tter that m~y cqtne to.t'1e contractor or any person. under the contractor's control in connection with Work under this con~ct, may subject the contractor, Its agents, employees, or subcontractors to *criminal liability under the laws of the United States. (See the Atomic Energy Act of 1'954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; an9 Exec~tive Order 12958.)

(I<) Subcontracts and Purchase Orders. Except as otherwise authorized in writing by the contracting officer, the contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this

~~~

(I) In performing the. contract work, the contractor shall ciassify ail documents, material, and equipment originat~d qr generated by the cqntractor.in accordance With guidance issued by the Goi'nmission. Every subcontract and purchase order issued hereurider involving-th!? origination or ge11e'ratiqn of. class!fied documents. material, and equipment must provide that the subcontractor or suppli~r assign classification to all documents, materi~I. and equipment in accordance with guidance furnished by the contractor.

C.11 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (TYIAR 2006}

The contractor shall ensure that all its employees, including any subcont~actor employees and any subsequent new employees who are assigned to perform the work herein, are approved tJy the Government for building access. Timely receipt of properly completed security applications is a contract requirement.

Failure of the contractor to coi:nply with this condition within the ten work day period may be a basis to void the notice of selection. In that event, the Government may select another firm for award.

A contractor employee shall not have access to NRC facilities until he/she is app.roved by th~ Security Branch, Division of Facilities and Security (SB/DFS). Temporary ac~ss may be approved basec;I on E!

favorable adjudication of their security. forms. Final access will be approved based *on favorably adjudicated background checks by the General Services Administration. in accordance with the prqcedures found in NRC Management Directive 12.3, Part I. However, temporary access authorization approval Will be revoked and the employee may subsequently be removed from the contract in the event the employee=s investigation cannot be favorably adjudicated. Such employee will not be authorized to work under any NRC contract without the approval of SB/DFS. When an individual receives final access, the individual will'be subject to a reinvestigation e_very five years.

The Government shall have and exercise full and complete control over granting, denying, withholding, or terminating building access approvals for individuals performing work under this contract. Individuals performing work under this contract for a period of 180 days or more shall be required to complete ard submit

-*rc1h'acotitnrctbr representa1ive ari accepta151e0PM Form s*sp (QiJest1omia1re.for Puolic Trusf Postflons), anc:1.---

two FD ~58 (Fingerpr,int Charts). Non*US. citizens rnust provide official documentatiqn to the DFS/SB; as proof of their legal residency. This documentation can be a Permanent Resident card, t~mj:>or~ry Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than two years residency in t!le U.S. will not be approved foi' building access.

The contractor representative will. submit the. documents to the Project Officer who wiil give them *to th~.

SB/DFS. SB/OFS may; among other things, grant or deny temporary Uhes9orled building access.approval to C-10

$.~~ion C an individual based upon its review of the information contained in the OPM Form 85P. Also, in the exercise of its authority, GSA may, among other things, grant or de11y permanent btJjlding EJc~ss approval based 9.n the results of its investigation and aojudication guidelines. This Submittal 'requireme.ht also applies to the officers of the firm who, for any rea$on., mc1y vlsit the work sites for an extended period of time during_ the term of the contract. In (he event that SB/DFS and GSA are unable to grant a temporary or permanent bµilding access approvai, to any ind1VidUcil petrOrniiflg Work unqer this coiifiact, the contractor is. responsibie fQr 8S$Jgnirig another individual tb perform the neces$ary function without any delay in the contract's performan~ schedule, or Without advers~ impact to any oth~r terms or conditions of the contract. The. contrc~ctor is responsible for informing those affected by this procedure of the required building access approval proc¢ss (i.e., t~mporary arid permanent determinations); and the possibility that individLJals may be required to wait until permanent building access approvals are graoted before beginning work in NRC's buildings.

The contractor Will imtnedlate!y notify the Pr9ject Officer when a. contractor employee termin~tes. The Project Officer will immediately notify satDFS (vi~ e~mail) when a contractor employee no longer requires building access am;freturn any NRC issued badges to the SB/Df=S within three days after their termination.

C.12 52.228-10 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE (APR 1984)

(a) The Contractor, at the ContracJor's expense, agrees to maintain, during the continuance of this contract, vehicular lia,bility and. general public liability Insurance with limits of iiability for (1) bodily irijury of not less than

$200,000 for each person and *$500,000 for each occurrence and (2) property damage of not less than

$50,000 for each accident and $50,000 in the aggregate.

(b) The Contractor also agrees to maintain workers' compensation ahd other legally required insurance with respect to the Contractor's own employees and agents.

C.13 SE:AT BELTS Contractors, subcontractors, and grantees, are encouraged to adopt and enforce on-the,-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

C.14 Compliance with U.S. Immigration Laws and Regulations NRC contractors are responsible to ensure that their alien personnel are not in violation of United States Immigration and Naturalization (INS) laws and regulations, inciuding employment authorization documents and visa requirements. Eac,h alieri employee of the Contractor must be lawfully admitted for permanent residence c1s evidenced by Alien Registration Receipt Card Form 1-151 or must present other eviperice from the Immigration and Naturalization Services that employment will not affect his/her immigration status. The INS Office of Busiriess Liaison (OBL) provides information t<:> contractors to help them understand the employment eligibility verification process for non.:us citiz~ns. This information can f;>e found on the INS website, http:/iwww.ins.usd~J.gov/graphics/servic~s/emp~~yerinfo/index.htm#obl.

The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or its equipmentiservices, and/or take any number of contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under'this clause.

(End of Clause)

C-11 I I

NRC-10-07-433

(\\

Section D SECTION D

• CONTRACT DOCUMENTS, EXHl$1TS, OR ATTACHIVi~NT$

Statement of Work and Fixed Price Billing Instructions D*1