ML19114A385

Task Order No. 31310019F0019 Under Contact No. 693JK418D500022

ML19114A385
Person / Time
Issue date:	04/24/2019
From:	Jessica Chu Acquisition Management Division
To:	Mccormick F Alere Toxicology Services
References
693JK418D500022
Download: ML19114A385 (41)

Text

NRCPAYMENTS PARKERSBURG WV 26106-1328 PO BOX 1328 BUREAU OF THE FISCAL SERVICE ADMIN TRAINING GROUP AVERY STREET A3-G FISCAL ACCOUNTING PROGRAM 9197730055 039430749 SEE ADDENDUM IS CHECKED CODE 18a. PAYMENT WILL BE MADE BY CODE FACILITY CODE 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER OFFEROR NRCHQ WASHINGTON DC 20555-0001 MAIL STOP TWFN-07B20M ACQUISITION MANAGEMENT DIVISION US NRC - HQ NRCHQ CODE

16. ADMINISTERED BY CODE X

541380 SIZE STANDARD:

% FOR:

SET ASIDE:

UNRESTRICTED OR NRCHQ RFP IFB

10. THIS ACQUISITION IS CODE RFQ

14. METHOD OF SOLICITATION 13b. RATING NAICS:

SMALL BUSINESS BANU GOLDFEIZ 31310019F0019 05/31/2019 (No collect calls)

INFORMATION CALL:

FOR SOLICITATION

8. OFFER DUE DATE/LOCAL TIME

b. TELEPHONE NUMBER

a. NAME

4. ORDER NUMBER

3. AWARD/

6. SOLICITATION

5. SOLICITATION NUMBER SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1. REQUISITION NUMBER PAGE OF 1

41 ADM-19-0038 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 TELEPHONE NO.

GRETNA LA 700536339 1111 NEWTON STREET ATTN FRANCINE MCCORMICK ALERE TOXICOLOGY SERVICES INC 17a. CONTRACTOR/

WASHINGTON DC 20555-0001 NUCLEAR REGULATORY COMMISSION NUCLEAR REGULATORY COMMISSION

15. DELIVER TO WASHINGTON DC 20555-0001 MAIL STOP TWFN-07B20M ACQUISITION MANAGEMENT DIVISION

9. ISSUED BY

7.

693JK418D500022

2. CONTRACT NO.

EFFECTIVE DATE

$15.00 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW ISSUE DATE DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS 30 THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13a.

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS HUBZONE SMALL BUSINESS 8(A)

US NRC - HQ WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM EDWOSB 24.

AMOUNT 23.

UNIT PRICE 22.

UNIT

21.

QUANTITY 20.

SCHEDULE OF SUPPLIES/SERVICES 19.

ITEM NO.

Accounting Info:

2019-X0200-FEEBASED-40-40D004-1125-51-F-170-253A-5 1-F-170-1125 Period of Performance: 05/31/2019 to 08/30/2020 00001 Base Period 10001 Option Period 1 0.00 Amount:

Option Line Item)

Continued...

(Use Reverse and/or Attach Additional Sheets as Necessary)

$125,646.25 HEREIN, IS ACCEPTED AS TO ITEMS:

X X

X DATED JESSICA CHU 04/24/2019

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ARE ARE 31c. DATE SIGNED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30c. DATE SIGNED ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212 ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE 30b. NAME AND TITLE OF SIGNER (Type or print) 30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA See schedule

29. AWARD OF CONTRACT: REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED

40. PAID BY

39. S/R VOUCHER NUMBER

38. S/R ACCOUNT NUMBER

37. CHECK NUMBER FINAL PARTIAL

36. PAYMENT FINAL PARTIAL

35. AMOUNT VERIFIED CORRECT FOR

34. VOUCHER NUMBER

33. SHIP NUMBER COMPLETE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 42d. TOTAL CONTAINERS 42c. DATE REC'D (YY/MM/DD) 42b. RECEIVED AT (Location) 42a. RECEIVED BY (Print) 41c. DATE 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT STANDARD FORM 1449 (REV. 2/2012) BACK 24.

AMOUNT 23.

UNIT PRICE 22.

UNIT

21.

QUANTITY 20.

SCHEDULE OF SUPPLIES/SERVICES 19.

ITEM NO.

Anticipated Exercise Date08/31/2020 20001 Option Period 2 0.00 Amount:

(Option Line Item)

Anticipated Exercise Date08/31/2021 30001 Option Period 3 0.00 Amount:

(Option Line Item)

Anticipated Exercise Date08/31/2022 The obligated amount of award:

The total for this award is shown in box 26.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 41 2 of

DOTO 693JK4118D5000022 31310019F0019 Page 3 of 41 SECTION B - Supplies or Services/Prices B.1 BRIEF DESCRIPTION OF WORK ALTERNATE I (a) The title of this project is: Urine Specimen Testing (Forensic Analysis) and Storage.

(b) Summary work description: The Contractor shall provide supplies and urine specimen forensic testing and storage in accordance with the Health and Human Services Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Mandatory Guidelines).

Please see SECTION C - Description/Specifications for more details.

(End of Clause)

B.2 CONSIDERATION AND OBLIGATION - DELIVERY ORDERS (AUG 2011)

(a) The ceiling for this order for supplies is (b) This order is subject to the minimum and maximum ordering requirements set forth in the contract.

(c) The amount presently obligated with respect to this order is The obligated amount shall, at no time, exceed the order ceiling as specified in paragraph (a) above. When and if the amount(s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this order, in accordance with FAR Part 43 - Modifications. Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk and may not be reimbursed by the Government.

(d) The Contractor shall comply with H.6 - Limitation of Funds, for incrementally-funded delivery orders or task orders.

(End of Clause)

DOTO 693JK4118D5000022 31310019F0019 Page 4 of 41 SECTION C - Description/Specifications C.1 Project Title Urine Specimen Testing (Forensic Analysis) and Storage C.2

Background

The U.S. Nuclear Regulatory Commission (NRC) has a requirement for a Contractor to provide supplies and forensic analysis of urine specimens by a Department of Health and Human Services (HHS) certified laboratory in support of its Drug-Free Workplace Program mandated by Executive Order 12564.

The Department of Transportation (DOT), awarded a single award Indefinite Quantity/Indefinite Delivery (IDIQ) contract to Alere Toxicology Services, Inc. This contract 693JK418D500022 is a 4 (four) year contract which runs from September 24, 2018 through September 30, 2022. Other Federal Agencies may place orders under this contract. NRC has been identified as a rider of this contract. NRC shall directly communicate service requirements to the Contractor and shall be invoiced directly for its service.

C.3 Objective The Contractor shall provide supplies and urine specimen forensic testing and storage in accordance with the Health and Human Services Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Mandatory Guidelines).

The urine specimens will be collected and forwarded to the laboratory by another NRC vendor hereinafter referred to as the collection vendor (currently Forensic Drug and Alcohol Testing, LLC). The Contractor shall be subject to quality assurance inspections that are announced by NRC. The Contractor shall be notified by telephone no less than five (5) working days prior to requesting such a visit. NRC Drug Program staff will ensure NRC specimens and records are being protected and stored in compliance with HHS Mandatory Guidelines and NRC System of Records-35. Refer to web link: https://www.gpo.gov/fdsys/pkg/FR-2016-11-17/pdf/2016-27652.pdf NRC intends to obtain these services under the Department of Transportations contract (693JK418D500022). The following guidelines apply:

1. The Contractor shall deal directly with NRC on service requirements.

2. The Contractor shall invoice the NRC directly, not through DOT, for services provided.

3. Disagreements related to specific delivery requirements shall be resolved between NRC and the Contractor.

4. NRC shall pay the Contractor directly, not through DOT, for services.

The Contractor shall:

Provide split specimen collection supplies

Provide single specimen collection supplies (as needed)

Provide notice of shipping confirmation for supplies that have been sent out

DOTO 693JK4118D5000022 31310019F0019 Page 5 of 41

Provide laboratory drug screenings within a 24-hour period

Provide confirmation testing of urine specimens within a 24-hour period

Provide specimen validity

Provide specimen shipment via overnight carrier

Provide monthly reports

Perform forensic urinalysis at a single facility.

Provide transportation and shipping of kits and supplies to collection contractor sites, as needed.

Provide transportation and shipping of collected specimens from collection site to the contractors facility.

Provide storage and transportation, electronic transmission of results via File Transfer Protocol (FTP)

Provide expert witnesses, as necessary, in connection with administrative and judicial proceedings.

Maintain HHS Certification.

Maintain confirmed positive specimens (including split specimens) in long term frozen storage during the entire Period of Performance of the contract, unless otherwise directed by the NRC Contracting Officer Representative (COR).

Work shall be performed with the Contractor personnel and equipment and the Contractor will be subject to Quality Assurance Inspections that are announced and unannounced by NRC.

C.4 Scope of Work Task 1 - Provide split specimen urinalysis collection supplies.

The Contractor shall provide plastic specimen collection containers, bottles, temperature strips, Federal Drug Testing Custody and Control Forms (CCF), tamper-evident seals, leak-resistant plastic bags, absorbent material and shipping containers in accordance with Task 1 of the DOT contract.

A.

Plastic specimen collection containers. Each collection container shall not substantially affect the specimen collected and shall be:

1.

Individually sealed using a tamper-evident system (e.g., in a sealed plastic bag shrink wrapped, with a peel-able or sealed lid, or another easily visible tamper-evident system),

2.

Large enough to easily catch and hold at least 60 mL of urine, and 3.

Graduated with volume markings clearly showing the volume B.

Plastic specimen bottles. Each specimen bottle with cap shall not substantially affect the specimen collected and shall be:

Individually sealed bottles with a tamper-evident system (e.g., using plastic bag, shrink wrap, with a peel-able or sealed lid, or another easily visible tamper-evident system),

DOTO 693JK4118D5000022 31310019F0019 Page 6 of 41 1.

The kit shall include a collection cup able to hold at least 35 mL and two individually sealed bottles with tamper-evident system able to hold at least 20 mL.

2.

Leak-resistant (i.e., have a screw-on or snap-on cap that prevents leakage),

3.

Marked clearly to indicate the minimum levels of urine to be poured into each bottle (30 mL for the primary specimen and 15 mL for the split specimen), and 4.

Designed so that the required tamper-evident bottle label/seal from the Federal Drug Testing Custody and Control Form (Federal CCF) is not damaged when the donor initials it and has no overlap that conceals printed information.

C.

Temperature strips. The collection container and shipping bottles shall have a temperature strip affixed. The temperature strips must be capable of temperature readings specified in the HHS Guidelines. The temperature strips must be easy to read and interpret, and the shelf life be no less than 18 months from the time of delivery to the collection contractor.

D.

Federal CCFs. The Contractor shall provide the OMB-approved Federal Drug Testing Custody and Control Form, (Federal CCF). The form shall be complete with tamper-evident label/seals for use on the split specimen and/or single specimen shipping bottles. The CCF shall be modified to include six boxes at the top for the collector to hand write in the appropriate account code. The account code is a requirement and it also cannot be altered in any way.

E.

Tamper-evident seals. The Contractor shall provide on the Federal CCF, two tamper-evident labels/seals that are used to seal the specimen bottles (i.e., primary and split specimens).

F.

Leak-resistant plastic bags. The plastic bag shall have two sealable compartments or pouches (i.e., one large enough to hold both primary and split specimen bottles and the other large enough to hold Copy 1 of the Federal CCF).

G.

Absorbent material. The absorbent material shall be pre-packaged inside the leak-resistant bag with the specimen bottles in case a specimen bottle leaks during shipment.

H.

Shipping containers. Must be a box sealed in plastic or shrink wrap to protect the possibility of undetected tampering. Each box should be preprinted with a certified drug-free label. Boxes shall have a secure sealing method for shipping collection supplies from the collection site to the Contractor.

Task 2 - Preparation and shipping of collection supplies, specimens and aliquots.

The Contractor shall provide these items in accordance with Task 2 of the DOT contract.

A.

The laboratory shall have the ability to supply a minimum of 1,000 split specimen collection supplies on a quarterly basis.

DOTO 693JK4118D5000022 31310019F0019 Page 7 of 41 B.

The Contractor shall provide a copy of the tracking confirmations of all shipments of collection supplies within 5 working days of the shipment of the collection kits. This tracking confirmation at a minimum shall contain the address to where the kits were shipped, date shipped, and number of kits shipped.

C.

The collection vendor will pack the specimen bottles in the shipping containers furnished by the Contractor. The collection vendor will pay for the transportation of shipping containers from the collection sites to the Contractors facility. There are approximately 200 duty stations throughout the 50 States.

D.

If a request has been made by the Medical Review Officer (MRO) to have a split or single specimen analyzed by another HHS certified lab, the split specimen or single-specimen bottle and the associated copy of the Federal CCF shall be shipped, under proper controls to insure confidentiality, security, and preservation of the Federal CCF to the designated laboratory.

E.

In accordance with Task 7b of this Statement of Work (SOW), provide a secure delivery system which shall protect the specimen, Federal CCF, maintain security, and result in full analysis of the sample and necessary processing (including the reporting of the drug test results) within five (5) working days after receipt of the sample.

F.

Upon completion or termination of the contract, any remaining stored specimens shall be shipped to HHS laboratory identified by NRC, as requested by the COR. Any such shipment shall follow strict chain-of-custody procedures. In addition, packaging will be such as to maintain the specimens in a frozen state.

G.

Prepare and send out aliquots, under proper controls to ensure confidentiality, security and preservation of the chain-of-custody.

H.

The Contractor shall be responsible for paying for all transportation and shipping of items identified in this SOW unless stated otherwise.

Task 3 - Laboratory Requirements The Contractor shall perform specimen validity testing in accordance with HHS Mandatory Guidelines and Task 3 of the DOT contract.

A.

The Contractors facility performing this order shall participate in and satisfy the requirements for maintenance proficiency testing program, which includes comprehensive performance testing and laboratory inspections as set forth in the HHS Guidelines.

B.

All forensic urinalysis shall be performed at a single facility of the Contractor. If Contractor has more than one location, the servicing location performing the forensic urinalysis will be selected by NRC.

C.

The facility of the Contractor performing this order shall maintain its HHS certification.

DOTO 693JK4118D5000022 31310019F0019 Page 8 of 41 D.

Should the Contractor lose its HHS certification during the contract period, the NRC may immediately terminate the contract for default in accordance with the Federal Acquisition Regulation (FAR) 52.212-4. The Contractor shall be responsible for any additional costs of forensic analysis of urine specimens incurred by the Government as a result of the Contractors breach of the contract.

Task 4 - Personnel Requirements The Contractor shall perform initial screening at the HHS Mandatory Guidelines threshold levels for the HHS-panel and in accordance with Task 4 of the DOT contract.

A.

The personnel performing this order shall meet or exceed the requirements for laboratory personnel set forth in the HHS Guidelines.

B.

At time of award, the Contractor shall establish a formal program for training all personnel in the use of equipment. Each person utilizing a piece of equipment shall be formally trained in its operation and given appropriate annual follow-up training.

C.

All personnel to perform work under this order shall be trained to proficiency in the forensic chain of custody handling of all specimens tested.

D.

The Contractor shall maintain training records on all personnel used in support of this order. These records shall be available to the NRC COR upon request.

Task 5 - Equipment Requirements Specimens that screen positive at or above the established threshold levels shall undergo confirmation testing in accordance with HHS Mandatory Guidelines.

The Contractor shall provide urinalysis in accordance with Task 5 of the DOT contract.

Equipment used in the performance of this order shall meet the following standards:

1.

Each piece of equipment utilized shall be properly calibrated to the manufacturers specifications prior to use on each day or shift (as applicable). Calibration by technologists shall be under the supervision of a graduate-level chemist.

2.

All testing and storage equipment shall be maintained at least to manufacturers standards.

3.

The equipment maintenance program will be subject to Contract Quality Assurance Reviews.

Task 6 - Quality Control The Contractor shall perform tests for other types of drugs listed in Schedules I and II of the controlled Substances Act as requested by the NRC COR.

The Contractor shall perform tests as directed in accordance with Task 6 of the DOT contract.

DOTO 693JK4118D5000022 31310019F0019 Page 9 of 41 A.

The Quality Assurance and Quality Control program, accessioning areas, testing facilities, storage areas, and record archives of the Contractor performing work under this order shall be subject to Contract Quality Assurance reviews by the NRC COR.

These areas shall be made available for such inspections during the Contractor's normal working hours. The Contract Quality Assurance reviews may be announced or unannounced by the Government.

B.

The Contractor shall maintain an internal quality control program which encompasses all aspects of the testing process including: delivery, unsealing and accessioning, validity, screening, and confirmation testing, chain-of-custody, storage, security, and result reporting. Program procedures shall be designed, implemented, and reviewed to monitor each step of the testing process.

C.

The Contractor's internal quality control program shall meet or exceed the HHS Mandatory Guidelines for every sample batch for validity, initial, and confirmation test.

D.

The Contractor shall generate, implement, and document quality control procedures to assure that quality control sample carry-over and/or carry-over from positive specimens does not contaminate other specimens being tested.

Task 7 - Security Requirements The Contractor shall provide services in accordance with Task 7 of the DOT contract.

A.

Facilities used for long-term storage (defined as up to five years) of specimens under this order shall be equipped with security locking systems and doors, walls, ceilings, and floors of a type to ensure adequate security. Emergency power equipment shall be available to maintain specimen temperatures in these facilities during prolonged power failures.

B.

All portions of the Contractor's facility where specimens (primary and split specimens and/or single specimens) will be received, stored or tested under this order shall be secure. Such buildings and portions of buildings shall be resistant to unauthorized entry, tampering and compromise; keyed locks shall be tamper-proof, and all cipher locks shall be subject to periodic combination changes. The construction and physical security of secure areas shall be capable of preventing and detecting attempted forced or surreptitious entry. Access to these secure areas and access roster will meet the HHS Mandatory Guidelines. The access roster shall be available for review by the NRC CO and NRC COR.

Task 8 - Maintain the Internal Contractor Chain-of-Custody The Contractor shall maintain records and documentation in accordance with Task 8 of the DOT contract.

A.

The maintenance of a chain-of-custody is critical to a forensic testing program. The Contractor's obligation begins with shipment of the specimens to the laboratory.

DOTO 693JK4118D5000022 31310019F0019 Page 10 of 41 B.

Every effort shall be made to minimize the number of people handling a sample.

Specimens shall only be handled by authorized personnel and shall not be left unattended, except in a secure area.

C.

Logs shall be kept, tracking the primary specimen (Bottle A), the split specimen (Bottle B), and single specimens submitted by NRC by code number assigned at every stage of the process. Under no circumstance shall the donor's name or social security number be used for this purpose. Logs shall list each and every employee handling a primary specimen and the split specimen.

D.

The Contractor shall designate a records custodian to maintain records on all testing and chain-of-custody documents and related matters. Records are subject to Contract Quality Assurance by the NRC COR.

E.

Federal CCFs shall accompany the specimens at every stage. This includes the custody and control form completed by the collection vendor at the time of specimen collection and any intra-laboratory custody and control forms used by the Contractor. Intra-laboratory custody and control forms shall identify specimens through the use of information that matches the security/identification label and a separate distinct and non-repeating sequence number assigned to each specimen.

F.

Any damage to the specimens or wrappings, and any indication of suspected tampering shall be noted on the chain-of-custody form and the COR shall be contacted immediately.

Task 9 - Provide Specimen Validity Testing The Contractor shall report to the NRC COR the false confirmation of specimens; electronically submit test results to the NRC contract Medical Review Officer (MRO) (contract

1. 693JK418D500022/31310019F0019); a monthly invoice report and litigation package upon request in accordance with Task 9 of the DOT contract.

A.

The Contractor shall perform specimen validity testing in accordance with the HHS Mandatory Guidelines.

B.

Adulterated, substituted, or invalid specimens will be retained in long-term frozen storage until the NRC COR authorizes its destruction.

Task 10 - Provide Urinalysis in Accordance with Initial Screening Protocols Specified in the HHS Guidelines.

The Contractor shall provide upon request and in accordance with Task 10 of the DOT Contractor.

A.

The Contractor shall be capable of performing at least 100 screening tests of specimens submitted under this order within any 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, not including Federal holidays or days (such as weekends) when the Contractor facility is closed. Actual amounts of specimens received per day may fluctuate. The Contractor shall immediately notify the NRC COR if the number of specimens received in any one day will prevent the Contractor from

DOTO 693JK4118D5000022 31310019F0019 Page 11 of 41 meeting the requirement to provide test results within five (5) working days from the date any sample was received at the Contractor's facility. This includes providing results of any necessary confirmation testing.

B.

The Contractor will initially examine each specimen and the accompanying documentation for administrative errors, and evidence of damage, tampering, substitution or low volume. Any evidence of damage, tampering, substitution, low volume or test results that might question the integrity of the sample shall be immediately reported to the NRC COR. Such specimens shall not be destroyed but shall be maintained with full attention to chain-of-custody and security until the NRC COR authorizes either testing or disposal of the specimen.

C.

Initial screening shall follow the HHS Mandatory Guidelines threshold levels for the current panel. The Contractor's screening process will adhere to testing procedures contained in the HHS Mandatory Guidelines.

D.

During processing, specimens shall be secured in short-term refrigerated storage that meets the HHS Mandatory Guidelines.

E.

All testing shall be performed under secure conditions with strict chain-of-custody procedures followed at all times, as specified in Task 8.

F.

Unless the Contractor receives prior notice from the COR, negative specimens (including the related split specimen) that are not suspected of adulteration, substitution, tampering or dilution may be disposed of in accordance with the HHS Mandatory Guidelines. Specimens that screened positive at or above the set threshold or sensitivity levels, in accordance with the HHS Mandatory Guidelines for one or more drugs in the current panel shall undergo confirmation testing in accordance with Task 11.

G.

Administrative cost for receiving and processing specimens that are not subsequently tested will be billed to the government at the rate identified in the pricing.

Task 11 - Provide Urinalysis Tests in Accordance with Confirmation Protocols Specified in the HHS Mandatory Guidelines The Contractor shall provide upon request and in accordance with Task 11 of the DOT contract.

A.

Confirmation testing of those specimens screening positive at or above the set threshold or sensitivity levels in accordance with the HHS Mandatory Guidelines shall be conducted. The Contractor shall also have the capability of performing 10 confirmation tests within a 24-hour period of a positive screening test result. Actual amounts of specimens received per day may fluctuate. The Contractor shall immediately notify the NRC COR if the number of specimens received in any one day will prevent the Contractor from meeting the requirement to provide test results within five (5) working days from the date any sample was received at the Contractor's facility. This includes providing results of any necessary confirmation testing.

B.

The Contractor shall adhere to the HHS Mandatory Guidelines for confirmation testing. Every attempt must be made to identify invalid specimens.

DOTO 693JK4118D5000022 31310019F0019 Page 12 of 41 C.

During processing, specimens shall be secured in short-term refrigerated storage that meets the HHS Mandatory Guidelines.

D.

All testing shall be performed under secure conditions with strict chain-of-custody procedures followed at all times, as specified in Task 8 above.

E.

Unless the Contractor receives prior notice from the NRC COR, urine specimens, (including the related split specimen as appropriate), that are not confirmed as positive and are not suspected of adulteration, substitution or tampering may be disposed of in accordance with the HHS Mandatory Guidelines.

F.

Following testing, confirmed positive specimens (including the split specimen) shall be retained in long-term frozen storage until the NRC COR authorizes its destruction.

G.

If the split specimen fails to reconfirm the primary specimen, both specimens shall be retained indefinitely for inspection by HHS.

H.

The Contractor shall make available the services of the individual responsible for day-to-day management of the laboratory or a forensic toxicologist to consult with the MRO to determine whether positive findings may be justified by physical conditions, prescription drugs, or other legal explanation.

I.

Upon completion or termination of the order, any remaining stored specimens shall be shipped to a HHS certified laboratory identified by NRC, as requested by the NRC COR.

Any such shipment shall follow strict chain of custody procedures. In addition, packaging will be such as to maintain the specimens in a frozen state.

Task 12 - Perform Tests for Other Drugs Listed in Schedules I and II of the Controlled Substances Act The Contractor shall provide the following upon request and in accordance with Task 12 of the DOT contract.

A.

Perform tests for other types of drugs listed in Schedules I and II of the Controlled Substances Act.

1.

The Contractor shall be informed by the NRC COR of the cutoff values(s) for drug test results to be considered positive.

2.

Specimens shall be handled through normal delivery, security, and chain of custody procedures as outlined in this SOW.

3. Testing shall include a screening test and, if the screen is positive, a confirmation test. The screening test shall be an immunoassay test, if a reliable test for the drug is available, but may be thin layer, high performance liquid and/or gas chromatography test. Confirmation testing shall be accomplished by quantitative gas chromatography/mass spectrometry techniques if such a test can reliably be performed. However, the use of full-scan gas

DOTO 693JK4118D5000022 31310019F0019 Page 13 of 41 chromatography/mass spectrometry techniques with quantification by an alternate technique may be required. Testing techniques shall be those required or recommended by HHS.

B.

Unless the Contractor receives prior notice from the NRC COR, specimens that are not confirmed as positive for a Schedule I and II drug, or suspected of adulteration, substitution, or tampering may be disposed of immediately after testing. The Contractor must ensure that all recording/procedures have been completed in accordance with the Contractor's testing procedures for the specimen, and the terms and conditions of this order have been met, prior to disposing of the specimen.

C.

Confirmed positive specimens shall be secured and retained in long-term frozen storage until the NRC COR authorizes its destruction.

D.

Such positive specimens shall, upon the request of the NRC COR, be released to NRC or the split specimen shipped, in accordance with Task 12 above, to other facilities for further testing.

E.

Upon completion or termination of the order, any remaining stored specimens shall be shipped to a HHS certified laboratory identified by NRC, as requested by the NRC COR.

Any such shipment shall follow strict chain-of-custody procedures. In addition, packaging will be such as to maintain the specimens in a frozen state.

Task 13 - The Contractor shall prepare and ship invoices, monthly reports, semi-annual statistical summary reports and/or litigation packages as required.

The Contractor shall provide the following upon request and in accordance with Task 13 of the DOT contract.

A.

The Contractor shall be responsible for transportation of all documentation including monthly invoices, monthly reports, semi-annual summary reports, litigations and other documentation requested by NRC.

B.

The Contractor shall be responsible for all transportation and shipping of items identified in this SOW unless stated otherwise.

Task 14 - Maintain Records The Contractor shall provide the following upon request and in accordance with Task 14 of the DOT contract.

A.

The Contractor shall maintain the following documentation and/or records in accordance with the HHS Mandatory Guidelines (All records are subject to Contract Quality Control Review).

1.

Technical information/documentation to support the accuracy and shelf-life of the temperature-sensing device required by HHS Mandatory Guidelines.

DOTO 693JK4118D5000022 31310019F0019 Page 14 of 41 2.

Technical information/documentation to substantiate the drug-free certification required by HHS Mandatory Guidelines.

3.

Documentation/records of the Contractors participation in one or more of the proficiency testing programs required by HHS Mandatory Guidelines.

4.

Documentation/records of the Contractors accreditation required by HHS Mandatory Guidelines.

5.

Files on all Contractor personnel shall conform to HHS Mandatory Guidelines.

6.

The procedures, which establish the formal equipment maintenance program, required by HHS Mandatory Guidelines.

7.

Records of equipment maintenance and calibration required by HHS Mandatory Guidelines. These records shall include and list dates of all breakdowns, maintenance, calibrations, and repairs.

8.

The procedures/documentation that establish and maintain the internal quality control program required by HHS Mandatory Guidelines.

9. Records to support the performance of the Contractor's quality control program and the results of the blind testing required by HHS Mandatory Guidelines.

10. The access roster and security documents required by HHS Mandatory Guidelines.

11. Records to substantiate the Contractor's compliance with the chain-of-custody requirements of HHS Mandatory Guidelines. These records include the written chain-of-custody procedures developed by the Contractor, the chain-of-custody logs, the document designating a records custodian, a listing of the personnel trained in the Contractor's chain-of-custody procedures and the dates of the training, and the chain-of-custody records for each sample tested under this order.

12. Individual chain-of-custody records shall include the date, the technologist performing the analysis and the substances found.

13. Documentation on all aspects of the testing process, including chain-of custody documents for all specimens, shall be maintained, and all records on individual urine specimens testing positive, including initial test records and chromatographic tracings, shall be retained in such a manner as to permit retrieval by social security number or specimen number, i.e., if only the individual social security number is known, the foregoing information shall be retrievable; likewise, if only the specimen number is known, the foregoing information shall be retrievable.

DOTO 693JK4118D5000022 31310019F0019 Page 15 of 41

14. All results of the drug testing performed under this order shall be maintained by the Contractor in the form of computer records (i.e., a database). All information entered into this database shall be verified after entry. In addition to the drug tests results, these records shall contain information from the chain-of-custody form as follows:

a) donors employing agency; b) donors employee number or social security number; c) date of specimen collection; d) date the specimen was received at the contractor facility; e) date the drug test results were reported; f) reason for test; g) control form number assigned by the submitting agency; and, h) any other information required by the contractor to track the sample within its facilities and/or be able to report the test results in accordance with Section F hereof.

B.

The Contractor shall establish and maintain a secure filing system for the data and records established under this contract which pertain to testing results. These records shall be segregated from other records kept by the Contractor.

C.

The Contractor shall develop and implement procedures to protect records pertaining to the testing of individual specimens from unauthorized disclosure, access, alteration, tampering, or destruction.

1. All records relating to individual specimens shall be treated as confidential and shall be maintained and used with the highest regard for donor privacy.

2. The release of all documents pertaining to individual specimens is strictly controlled by the Privacy Act, 5 USC 552a and other laws and regulations governing confidentiality. None of these documents shall be released without the approval of the NRC COR unless such release is specifically provided for herein.

3. Records shall be destroyed in a manner so as to preclude any unauthorized release of information.

D.

The Contractor shall notify and obtain approval from the NRC COR before establishing any additional record systems concerning work performed by the Contractor under this order.

E.

Any of the aforementioned records, which are computer generated and/or maintained in computer files, shall also be maintained in hard paper copy or on a backup magnetic tape, cartridge or disk.

Task 15 - The Contractor Shall Provide Data, Reports and Notifications The Contractor shall provide the following upon request and in accordance with Task 15 of the DOT contract.

DOTO 693JK4118D5000022 31310019F0019 Page 16 of 41 A.

The following shall be submitted for review by the NRC COR:

1. A copy of all ratings received in each proficiency-testing program which pursuant to Task 3 the Contractor has participated in or is participating in, starting from within two (2) years prior to the effective order date and continuing throughout the term of the order.

2.

The Contractor shall report in full to the NRC COR if the performance of Task 6 results in the false confirmation of any specimens. The Contractor shall include a copy of the Contractor's report of investigation. If the investigation and report or the retests are found to be unsatisfactory, or if two (2) false positive test results of any specimens submitted by the Government under this order occur at any time during the performance of this order, the NRC may immediately terminate the order for default in accordance with Federal Acquisition Regulation (FAR) 52.212-4.

3. The Contractor shall notify the NRC COR if an actual or attempted breach of security occurs in the areas listed in Task 7. The Contractor shall notify the NRC COR if, at any time during the performance of this order, any specimen provided under this order is lost, misplaced, appears to have been tampered with, or is improperly delivered.

4. The Contractor shall notify the NRC COR if the examination by Task 9 results in evidence that might impugn the integrity of the sample.

5. The Contractor shall provide a Monthly Report with 3 sections as follows:

Section 1: Monthly Invoice Report shall be provided within 14 calendar days after the month being reported. This report will be provided as support documentation for the Contractor's monthly invoice which should only have information about what was utilized in the month.

a) billing period b) account number c) invoice number (i.e., summary and detail information by account number provided as separate documents) d) total specimens e) total screen cost f) total specimens confirmed g) total specimen confirmed cost h) total canceled specimens i) total canceled specimen costs j) total specimen validity test k) total specimen validity test cost l) total litigation packages m) total litigation package cost n) total kits and forms o) total kits and forms cost by account code p) cost of shipping kits and forms out with supporting documentation by account codes q) total cost of shipping specimens from the collection site to the laboratory and supporting documentation by account codes.

r) total costs

DOTO 693JK4118D5000022 31310019F0019 Page 17 of 41 Section 2 - Report by Accounting Codes shall be provided within 14 days after the month being reported. This report will be provided as support documentation for the Contractors monthly invoice. The report shall be sorted by account code using the date collected to report data, and at a minimum, shall include the following information:

a) account code b) date period (should be based on the specimen collection date) c) total specimens tested by test type (should be based on the specimen collected date) d) total positives specimens with the type of drug e) total rejected specimens f) total adulterated specimens g) total substituted specimens h) total negative/positive diluted specimens i) comments Section 3 A Monthly Travel Report shall be provided within 14 calendar days after the month being reported (i.e., if travel expenses were incurred). This report shall be provided as support documentation for the Contractors monthly invoice is travel occurred during reporting month. At a minimum, the following information shall be provided in the report:

a) travel dates b) city of origin, city destination c) purpose of travel d) number of persons e) number of days f) laboratory accession ID number (if applicable) g) hotel costs h) meal costs i) cost of airfare j) cost of vehicle rental k) local mileage, etc.

l) total cost of travel.

6)

The Contractor shall provide a Daily Laboratory Test Results Report electronically to the NRC COR within 5 working days after receipt of the specimens. The report shall provide the results of tests performed under Tasks 9, 10, 11, 15, and/or 16. Results shall be reported according the HHS Mandatory Guidelines.

a) One test record shall be generated for each specimen tested. Each report shall list the control form number, the employee's agency, the employee's social security number or employee number (if used), the collection date, the date the sample was received by the Contractor, the date the drug test results were reported to the NRC, the reason for test, any other information the contract requires to track the sample within its lab or to be

DOTO 693JK4118D5000022 31310019F0019 Page 18 of 41 able to report the actual values of, and normal ranges for, each test, as well as the test result - positive or negative. Positive test results shall state the drug(s) and/or metabolite(s) found, but not the level of the drug(s) or metabolite(s) in the sample.

b) Test results shall include the actual values of the specific gravity, pH, and creatinine, along with the normal ranges for each test, respectively.

c) Upon the written request of the NRC COR or the NRC MRO, the Contractor shall provide additional reports. Each of these reports shall include the information required by paragraph (a) above plus the level of the drug(s) or metabolite(s) in the sample.

d) All test records shall be transmitted electronically to the NRC COR. The test results shall be transmitted in the format found in SECTION J - List of Documents, Exhibits and Other Attachments, Attachment 3 Daily Laboratory Test Results Report 7)

The Contractor shall submit a Semi-Annual Statistical Summary Report to the NRC COR according to the HHS Mandatory Guidelines.

8)

The Contractor shall submit a Chain of Custody Form NRC COR when a specimen is reported positive, adulterated, substituted and invalid. The contractor's records custodian shall also provide a certified copy of the actual laboratory report. The report shall be signed and dated by the appropriate contractor certifying official and certified copies of all custody records on the specimen indicating that:

a) he/she is the custodian/contractor certifying official of the NRC's urinalysis records at the stated laboratory; b) the documents are true and accurate and are copies of documents in his/her possession; c) the documents were prepared in the normal course of business; d) the documents state the results of the analysis performed on the item(s) listed; and, e) the specimens were maintained in secure facilities, and that the custody records list every person handling such specimens from the time that they were obtained by the Contractor to the completion of analysis.

9)

A LITIGATION PACKAGE The Contractor shall not release any records, data documentation procedures, etc., maintained or provided under this order unless is specifically authorized the CO or COR.

Task 16 - The Contractor shall process specimens received from other than the collection vendor The Contractor shall process the following in accordance with Task 16 of the DOT contract.

DOTO 693JK4118D5000022 31310019F0019 Page 19 of 41 Receive specimens and perform screening and confirmation tests for the current panel in accordance with the HHS Guidelines unless directed otherwise by the NRC COR.

Task 17 - Provide Management Briefing The Contractor shall provide following in accordance with Task 17 of the DOT contract.

A.

The Contractor shall provide ad hoc briefings to NRC managerial personnel concerning the work being performed under this order, scientific and technical issues, and/or state-of-the-art developments in the area of forensic drug testing if requested by the NRC COR within 30 days in advance notification. The Briefings shall take place in the NRC Headquarters.

B.

The contractor will be reimbursed only for travel cost incurred that are directly related to this DO/TO and are allowable subject to limitation prescribed in 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT Alternate 1 (OCT 1999).

Task 18 - Provide services including, but not limited to, expert advice and testimony in connection with judicial or administrative proceedings and provide documentation pertinent to individual drug tests The Contractor shall provide the following in accordance with Task 18 of the DOT contractor.

A.

The Contractor shall provide laboratory personnel to serve as expert witnesses, as needed, to testify or otherwise provide needed expert information in connection with administrative and judicial proceedings.

1) Experts shall provide evidence on the validity and reliability of the tests used, the effects of physical conditions and items legally ingested upon the tests, and the procedures used.

2) Expert witnesses shall be made available for hearings as needed. Advance notice will be given by the NRC COR.

3) All experts shall be highly qualified in their fields and, preferably shall have experience in previous judicial hearings as expert witnesses.

4) The Contractor will be reimbursed only for travel cost incurred that are directly related to this DO/TO and are allowable subject to limitation prescribed in 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT Alternate 1 (OCT 1999).

C.

The Contractor shall provide such witnesses, or proof as necessary to certify that chain-of-custody procedures were strictly followed. These shall be regular employees of the laboratory.

D.

The Contractor shall provide documentation as necessary to support the testimony of the witnesses to NRC COR.

DOTO 693JK4118D5000022 31310019F0019 Page 20 of 41 E.

The Contractor shall provide documentation to support the results of drug test(s) performed under other Tasks contained herein to NRC COR.

Task 19 - Transition for Stored Specimen Upon the completion or termination of the order, the Contractor shall handle any remaining stored specimens in accordance with Tasks 9, 11, 12 and 15 of this SOW.

Task 20 - Transition Phase In/Phase Out A transition phase-in/phase-out plan of the current order shall be provided to the NRC COR prior to completion of the order. The Contractor shall provide the NRC COR a transition phase-in plan within 30 days of notice of contract award. The Contractor shall work with the new Contractor to provide a phase-out plan to the NRC COR within 30 days of notification of award to the next contractor.

Task 21 - Data Requirements The Contractor shall provide, upon request by the NRC COR any data as identified in each specific task of this Statement of Work.

DOTO 693JK4118D5000022 31310019F0019 Page 21 of 41 SECTION D - Packaging and Marking D.1 BRANDING The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor must acknowledge that information in its documentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Administration, under Contract/order number 693JK4118D500022/31310019F0019.

(End of Clause)

D.2 PACKAGING AND MARKING (a) The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

(b) The Contractor shall include the contract and task order/delivery order number on, or adjacent to, all exterior mailing or shipping labels of deliverable items called for by the TO/DO.

Mark deliverables for the TO/DO COR / Alternate COR. Please see Section C -

Description/Specifications for more information.

(End of Clause)

DOTO 693JK4118D5000022 31310019F0019 Page 22 of 41 SECTION E - Inspection and Acceptance E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

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

Contract Deliverables: See Section C - Description/Specifications for more information.

(End of Clause)

DOTO 693JK4118D5000022 31310019F0019 Page 23 of 41 SECTION F - Deliveries or Performance F.1 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)

This order shall commence on May 31, 2019 and will expire on August 30, 2020. There are also 3 (three) one-year option periods.

Base Period: May 31, 2019 - August 30, 2020 Option Period 1: August 31, 2020 - August 30, 2021 Option Period 2: August 31, 2021 - August 30, 2022 Option Period 3: August 31, 2022 - August 30, 2023 (End of Clause)

F.2 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to: Task/Delivery Order COR/Alternate COR.

(End of Clause)

DOTO 693JK4118D5000022 31310019F0019 Page 24 of 41 SECTION G - Contract Administration Data G.1 CONTRACTING OFFICER REPRESENTATIVE (a) The contracting officer's authorized representative, hereinafter referred to as the COR, for this Task Order/Delivery Order is:

Name: Nancy Turner Boyd Phone; 301-415-6645 Email: NancyTurner.Boyd@nrc.gov Alternate COR Name: E(Bess) Langley Phone; 301-415-7045 Email: EBess.Langley@nrc.gov (b) The COR shall:

(1) Place delivery orders for items required under this contract up to the amount obligated on the contract award document.

(2) Monitor contractor performance and recommend changes in requirements to the contracting officer.

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

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

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

(End of Clause)

G.2 ELECTRONIC PAYMENT (DEC 2017)

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

To receive payment, the contractor shall prepare invoices in accordance with NRCs Billing Instructions. Claims shall be submitted through the Invoice Processing Platform (IPP)

(https://www.ipp.gov/). Back up documentation shall be included as required by the NRCs Billing Instructions.

(End of Clause)

DOTO 693JK4118D5000022 31310019F0019 Page 25 of 41 SECTION H - Special Contract Requirements H.1 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS Contracting officer is the only individual who can legally obligate funds or commit the NRC to the expenditure of public funds in connection with this procurement. This means that unless provided in a contract document or specifically authorized by the contracting officer, NRC technical personnel may not issue contract modifications, give formal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually. Informal unauthorized commitments, which do not obligate the NRC and do not entitle the contractor to payment, may include:

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

(End of Clause)

H.2 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. lt is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.

(End of Clause)

H.3 REGISTRATION IN FEDCONNECT (JULY 2014)

The Nuclear Regulatory Commission (NRC) uses Compusearch Software Systems secure and auditable two-way web portal, FedConnect, to communicate with vendors and contractors.

FedConnect provides bi-directional communication between the vendor/contractor and the NRC throughout pre-award, award, and post-award acquisition phases. Therefore, in order to do business with the NRC, vendors and contractors must register to use FedConnect at https://www.fedconnect.net/FedConnect. The individual registering in FedConnect must have authority to bind the vendor/contractor. There is no charge for using FedConnect. Assistance with FedConnect is provided by Compusearch Software Systems, not the NRC. FedConnect contact and assistance information is provided on the FedConnect web site at https://www.fedconnect.net/FedConnect.

DOTO 693JK4118D5000022 31310019F0019 Page 26 of 41 H.4 GREEN PURCHASING (SEP 2015)

(a) In furtherance of the sustainable acquisition goals of Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade," products and services provided under this contract/order shall be energy efficient (EnergyStar or Federal Energy Management Program -

FEMP-designated products), water efficient, biobased, environmentally preferable (excluding EPEAT-registered products), non-ozone depleting, contain recycled content, or are non-or low toxic alternatives or hazardous constituents (e.g., non-VOC paint), where such products and services meet agency performance requirements. See: Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade."

(b) The NRC and contractor may negotiate during the contract term to permit the substitution or addition of designated recycled content products (i.e., Comprehensive Procurement Guidelines

- CPG), EPEAT-registered products, EnergyStar-and FEMP designated energy efficient products and appliances, USDA designated biobased products (Biopreferred program),

environmentally preferable products, WaterSense and other water efficient products, products containing non-or lower-ozone depleting substances (i.e., SNAP), and products containing non-or low-toxic or hazardous constituents (e.g., non-VOC paint), when such products and services are readily available at a competitive cost and satisfy the NRCs performance needs.

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

(End of Clause)

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

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

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

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

(2) Use, Ownership, and Nondisclosure. A contractor may use NRC owned or controlled PII solely for purposes of this contract, and may not collect or use such PII for any purpose outside the contract without the prior written approval of the NRC Contracting Officer. The contractor must restrict access to such information to only those contractor employees who need the information to perform work under this contract, and must ensure that each such contractor

DOTO 693JK4118D5000022 31310019F0019 Page 27 of 41 employee (including subcontractors' employees) signs a nondisclosure agreement, in a form suitable to the NRC Contracting Officer, prior to being granted access to the information. The NRC retains sole ownership and rights to its PII. Unless the contract states otherwise, upon completion of the contract, the contractor must turn over all PII in its possession to the NRC, and must certify in writing that it has not retained any NRC owned or controlled PII except as otherwise authorized in writing by the NRC Contracting Officer.

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

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

(5) Legal Demands for Information. If a legal demand is made for NRC owned or controlled PII (such as by subpoena), the contractor must immediately notify the NRC Contracting Officer and the NRC Contracting Officers Representative (COR). After notification, the NRC will determine whether and to what extent to comply with the legal demand. The Contracting Officer will then notify the contractor in writing of the determination and such notice will indicate the extent of disclosure authorized, if any. The contractor may only release the information specifically demanded with the written permission of the NRC Contracting Officer.

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

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

(8) Remedies:

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

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

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

DOTO 693JK4118D5000022 31310019F0019 Page 28 of 41 H.6 LIMITATION OF FUNDS (a) The parties estimate that performance of this contract will not cost the Government more than 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 obligations under this contract within the estimated cost.

(b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule. 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 not exceed the total amount actually allotted by the Government to the contract.

(c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the contract by the Government. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule.

(d) Sixty days before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.

(e) If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another agreed-upon date, upon the Contractors written request the Contracting Officer will terminate this contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this contract on that later date.

(f) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause --

(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and (2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of the amount then allotted to the contract by the Government.

(g) The estimated cost shall be increased to the extent that the amount allotted by the Government.

DOTO 693JK4118D5000022 31310019F0019 Page 29 of 41 (h) No notice, communication, or representation in any form other than that specified in subparagraph (f)(2) above, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.

(i) When and to the extent that the amount allotted by the Government to the contract is increased, any costs the Contractor incurs before the increase that are in excess the amount previously allotted by the Government unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.

(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 increasing the amount allotted.

(k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.

DOTO 693JK4118D5000022 31310019F0019 Page 30 of 41 SECTION I - Contract Clauses I.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

(Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015)

(41 U.S.C. 3509).

[X] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

DOTO 693JK4118D5000022 31310019F0019 Page 31 of 41

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4.

[ ] (13) (Reserved)

[ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

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

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.

637(d)(2) and (3)).

[X] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C.

637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (NOV 2016) of 52.219-9.

DOTO 693JK4118D5000022 31310019F0019 Page 32 of 41

[ ] (v) Alternate IV (AUG 2018) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C.

637(a)(14)).

[X] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[ ] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[ ] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.

4212).

[ ] (ii) Alternate I (JUL 2014) of 52.222-35.

[ ] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014)

(29 U.S.C. 793).

[ ] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.

4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

DOTO 693JK4118D5000022 31310019F0019 Page 33 of 41

[ ] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C.

chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[X] (38)(i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (39)(i) 52.223-14, Acquisition of EPEAT-Registered Televisions (JUN 2014)

(E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)

(42 U.S.C. 8259b).

[ ] (41)(i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[X] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

DOTO 693JK4118D5000022 31310019F0019 Page 34 of 41

[ ] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3.

[ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008)

(E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007)

(42 U.S.C. 5150).

[ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

[ ] (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[X] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[X] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

DOTO 693JK4118D5000022 31310019F0019 Page 35 of 41

[ ] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

[ ] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[ ] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.

13495).

[ ] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.

chapter 67).

[ ] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[ ] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)

(E.O. 13706).

[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

DOTO 693JK4118D5000022 31310019F0019 Page 36 of 41 (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require 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)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

DOTO 693JK4118D5000022 31310019F0019 Page 37 of 41 (v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.

13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.

4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014)

(29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.

4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.

chapter 67).

(xiii) [ ] (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014)

(41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O.

12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

DOTO 693JK4118D5000022 31310019F0019 Page 38 of 41 (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

I.2 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at any time prior to contract expiration.

(End of clause)

I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 51 months.

(End of clause)

I.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR 1984)

Funds are not presently available for performance under this contract beyond August 30, 2020.

The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be

DOTO 693JK4118D5000022 31310019F0019 Page 39 of 41 made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond August 30, 2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

I.5 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT - Alternate 1. (OCT 1999) a) Total expenditure for travel may not exceed $2,000.00 without the prior approval of the contracting officer.

b) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval of Official Foreign Travel, and must be in compliance with FAR 52.247-63 Preference for U.S. Flag Air Carriers. The contractor shall submit NRC Form 445 to the COR/ACOR no later than 30 days before beginning travel.

c)

The contractor must receive written approval from the COR/ACOR before taking travel that was unanticipated in the Schedule (i.e., travel not contemplated in the SOW, or changes to specific travel identified in the SOW).

d) The contractor will be reimbursed only for travel costs incurred that are directly related to this TO/DO and are allowable subject to the limitations prescribed in FAR 31.205-46.

e) It is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations of Cost clause of this TO/DO when, at any time, the contractor learns that travel expenses will cause the contractor to exceed the estimated costs specified in the Schedule.

f)

Reasonable travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, must be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.

(End of Clause)

I.6 52.237-3 CONTINUITY OF SERVICES. (JAN 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to affect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a

DOTO 693JK4118D5000022 31310019F0019 Page 40 of 41 plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

(End of clause)

I.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

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

http://www.acquisition.gov/far https://www.nrc.gov/about-nrc/contracting/48cfr-ch20.html 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014) 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018)

I.8 NRC ACQUISTION REGULATION (NRCAR) PROVISIONS AND CLAUSES (AUG 2011)

Applicable NRCAR provisions and clauses located in 48 CFR Chapter 20 are hereby incorporated by reference into this contract/order.

2052.222-70 NONDISCRIMINATION BECAUSE OF AGE. (JAN 1993)

DOTO 693JK4118D5000022 31310019F0019 Page 41 of 41 SECTION J - List of Documents, Exhibits and Other Attachments Attachment Number Title Billing Instructions for Fixed Price Type Contracts (July 2017)

Cost/Price Spreadsheet Daily Laboratory Test Results Report