ML19098A185

Modification No. 005 to Contract No. 31310018C0004

ML19098A185
Person / Time
Issue date:	04/08/2019
From:	Jeffrey Mitchell Acquisition Management Division
To:	Kenneth Jones Small Business Administration
References
31310018C0004
Download: ML19098A185 (9)

Text

1. CONTRACT D CODE PAGE OF PAGES AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 9

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

P00005 See Block 16C RES-19-0071

6. ISSUED BY CODE NRCHQ 7. ADMINISTERED BY (If other than Item 6) CODE NRCHQ US NRC - HQ US NRC - HQ ACQUISITION MANAGEMENT DIVISION ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-07B20M MAIL STOP TWFN-07B20M JEFFREY R MITCHELL 301-415-5074 WASHINGTON DC 20555-0001 WASHINGTON DC 20555-0001

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

(x) 9A. AMENDMENT OF SOLICITATION NO.

SMALL BUSINESS ADMINISTRATION ATTN KENNETH JONES 9B. DATED (SEE ITEM 11) 240 MARKET ST STE 208 BLOOMSBURG PA 178151716 x 10A. MODIFICATION OF CONTRACT/ORDER NO.

31310018C0004 10B. DATED (SEE ITEM 13)

CODE FAC LITY CODE 02/28/2018 092982854

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing tems 8 and 15, and returning ___________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNT NG AND APPROPRIATION DATA (If required) Net Increase: $50,000.00 See Schedule

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIF ED TO REFLECT THE ADM NISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH N ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

X FAR Clause 52.243-2 Changes - Cost Reimbursement E. IMPORTANT Contractor is not x is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this modification is to (1) add an annual CAMP SNAP User Group Membership Software License Agreement into the requirements of this contract, (2) increase the contract ceiling by

$200,000.00 from $2,620,471.18 to $2,820,471.18 as a result from the CAMP SNAP User Group Membership and (3) provide incremental funding in the amount of $50,000.00 thereby increasing the obligations from $745,150.11 to $795,150.11.

Delivery: 03/11/2023 Delivery Location Code: NRCHQ Continued ...

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACT NG OFFICER (Type or print)

JEFFREY R. MITCHELL 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED 04/08/2019 (Signature of person authorized to sign) (Signature of Contracting Officer)

Previous edition unusable STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 31310018C0004/P00005 2 9 NAME OF OFFEROR OR CONTRACTOR SMALL BUSINESS ADMINISTRATION ITEM NO. SUPPL ES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F)

NUCLEAR REGULATORY COMMISSION NUCLEAR REGULATORY COMMISSION WASHINGTON DC 20555-0001 USA Period of Performance: 03/12/2018 to 03/11/2023 NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

31310018C0004 P0005 3 The purpose of this modification is to (1) add an annual CAMP SNAP User Group Membership Software License Agreement into the requirements of this contract, (2) increase the contract ceiling by $200,000.00 from $2,620,471.18 to $2,820,471.18 as a result from the CAMP SNAP User Group Membership and (3) provide incremental funding in the amount of $50,000.00 thereby increasing the obligations from $745,150.11 to $795,150.11.

Accordingly the contract is modified as follows:

1. Section B.2 is deleted and replaced as follows:

B.2 CONSIDERATION AND OBLIGATION- LABOR-HOUR CONTRACT (a) The ceiling price to the Government for full performance under this contract is NOT-TO-EXCEED $2,820,471.18.

(b) The contract includes direct labor hours at specified fixed hourly rates, inclusive of wages, fringe, overhead, general and administrative expenses, and profit.

(c) It is estimated that the amount of $795,150.11 currently obligated will cover performance through 2019.

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

31310018C0004 P0005 5 3 Add Attachment No. 6 entitled CAMP SNAP Users Group (CAMP-SUG) Membership Software License Agreement Attachment No. 6 CAMP SNAP USERS GROUP (CAMP-SUG) MEMBERSHIP SOFTWARE LICENSE AGREEMENT This "License Agreement "is entered into between (Insert Individual CAMP Member Organization), and Applied Programming Technology, Inc. (APT), located at 240 Market St., Suite 208, Bloomsburg, PA, 17815-1951.

1. DEFINITIONS "Licensed Software" means any machine-readable materials (including, but not limited to, executable files, libraries, source files, header files, and data files), user manuals, programming guides and other documentation provided to you by APT under this Agreement. This includes the RELAP5 plug-in to the Symbolic Nuclear Analysis Package (SNAP) and any additional software that may be made available by APT to the CAMP SNAP User's Group (CAMP-SUG) members.

2. LICENSE TO USE.

APT grants the Licensee a non-exclusive and non-transferable license (the License) for the internal use only of the licensed software and documentation and any error corrections provided by APT (collectively, "Licensed Software").

3. LICENSE RESTRICTIONS Licensee agrees not to use this software for commercial training classes without prior written approval from APT.

Licensee may duplicate Licensed Software for internal use only. Licensee agrees to reproduce any copyright and other proprietary right notices on any such copies. Except as otherwise provided by law, Licensee may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, or otherwise attempt to derive the source code from such portions of the Licensed Software.

4. NO SUPPORT APT is under no obligation to provide any type of support for the Licensed Software or to provide Licensee with updates or error corrections (collectively "Software Updates"). If APT, at its sole option, supplies Software Updates to Licensee, the Software Updates will be considered part of Licensed Software, and subject to the terms of this Agreement.

5. LICENSE TERM This Agreement will commence on the date on which Licensee signs this Agreement (the "Effective Date") and remains in force

31310018C0004 P0005 6 until Licensee stop using the Software or until APT terminates the License because of Licensees failure to comply with any of terms and conditions of this Agreement.

6. TERMINATION OF AGREEMENT Licensee may terminate this Agreement at any time by written notice to APT. Licensee, upon termination, shall destroy all copies of the Licensed Software and provide written confirmation of the destruction to APT within ten (10) days of termination. Either party may terminate this Agreement immediately should any Software become, or in either party's reasonable opinion be likely to become, the subject of a claim of infringement of any intellectual property right. This Agreement will terminate immediately without notice from APT if you fail to comply with any provision of this Agreement. Upon termination or expiration of this Agreement, you shall immediately cease use of and destroy Licensed Software and any copies thereof. Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination or expiration hereof.

7. CONFIDENTIAL INFORMATION For purposes of this Agreement, "Confidential Information" means any information, whether oral, written or otherwise, that relates to (i) business and technical information and any source code or binary code which APT discloses to Licensee related to Licensed Software; and (ii) the terms, conditions, and existence of this Agreement. Licensee may not disclose Confidential Information or use it except for the purposes specified in this Agreement. Licensee will protect the confidentiality of Confidential Information to the same degree of care, but no less than reasonable care, as Licensee uses to protect its own Confidential Information.

Licensee acknowledges and agrees that any breach of this Agreement will cause injury to APT for which money damages would be an inadequate remedy and that, in addition to remedies at law, APT is entitled to equitable relief as a remedy for any such breach.

Licensee's obligations regarding Confidential Information will expire no less than five (5) years from the date of receipt of the Confidential Information, except for APT source code which will be protected in perpetuity. Licensee agrees that Licensed Software contains trade secrets of APT. Notwithstanding any provisions contained in this Agreement concerning nondisclosure and non-use of the Confidential Information, the nondisclosure obligations will not apply to any portion of Confidential Information that a Licensee can demonstrate in writing is: (i) now, or hereafter through no act or failure to act on the part of Licensee becomes, generally known to the general public; (ii) known to Licensee at the time of receiving the Confidential Information without an obligation of confidentiality; (iii) hereafter rightfully furnished to Licensee by a third party without

31310018C0004 P0005 7 restriction on disclosure; or (iv) independently developed by Licensee without any use of the Confidential Information.

8. DISCLAIMER OF WARRANTY.

Licensed software is provided "as is". All express or implied conditions, representations, and warranties, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.

9. LIMITATION OF LIABILITY Licensee acknowledges that the Licensed Software is experimental. Licensee acknowledges that the Licensed Software may have defects or deficiencies which cannot or will not be corrected by APT. Licensee will hold APT harmless from any claims based on Licensee's use of the Licensed Software for any purposes other than those of internal evaluation, and from any claims that later versions or releases of any Licensed Software furnished to Licensee are incompatible with the Licensed Software provided to Licensee under this Agreement.

Licensee shall have the sole responsibility to protect adequately and backup Licensee's data and/or equipment used in connection with the Licensed Software. Licensee shall not claim against APT for lost data, re-run time, inaccurate output, work delays or lost profits resulting from Licensee' use of the Licensed Software.

Neither party will be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if that party has been previously advised of the possibility of such damage.

10. U.S. GOVERNMENT RIGHTS If this Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).

11. GENERAL TERMS This Agreement shall be governed by, and interpreted in accordance with, applicable Federal law and regulations. To the extent the applicable Federal law does not apply and existing state law could become applicable to this Agreement, the laws of the State of Pennsylvania shall apply. Disputes between the parties relating to the execution, performance, validity,

31310018C0004 P0005 8 interpretation or construction of this Agreement that cannot be resolved amicably by the parties shall be submitted to the exclusive jurisdiction of the Board of Contract Appeals or Court of Federal Claims in accordance with the Contract Disputes Act. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply.

Licensed Software and technical data delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to Licensee. APT shall not be liable for Licensees failure to comply with any state, federal or international law, rule or regulation, applicable to the Licensed Software.

Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that APT, at its sole discretion, may assign this Agreement to an affiliated company.

If any provision of this Agreement is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This Agreement may only be modified in writing signed by an authorized officer of APT.

12. REPORTING DEFECTS Errors or defects discovered by the licensee will be reported to APT as soon as practicable.

APT and Licensee have executed this License Agreement as evidenced by their respectively authorized representatives signing on the respective date(s) set forth below:

31310018C0004 P0005 9 Insert Individual CAMP Member Organization Company Signature (Date)

Printed Name Title (Position) Phone Number Applied Programming Technology, Inc 240 Market St, Suite 208 Bloomsburg, PA 17815 Company Signature (Date)

Kenneth R Jones Printed Name President Title (Position) 570-387-5000 x201 Phone Number