ML19136A405

Task Order No. 31310019F0026 to Contract No. NRC-HQ-7N-17-A-0003

ML19136A405
Person / Time
Issue date:	05/16/2019
From:	Mark Lohrmann Acquisition Management Division
To:	-Neednewvalue Deva & Associates, PC
References
NRC-HQ-7N-17-A-0003
Download: ML19136A405 (8)

Text

ORDER FOR SUPPLIES OR SERVICES

3. ORDER NO.

4. REQUISITION/REFERENCE NO.

PAGE OF PAGES

5. ISSUING OFFICE (Address correspondence to)

b. STREET ADDRESS IMPORTANT: Mark all packages and papers with contract and/or order numbers.

1

1. DATE OF ORDER

2. CONTRACT NO. (If any)

6. SHIP TO:

a. NAME OF CONSIGNEE

c. CITY

d. STATE

e. ZIP CODE

7. TO:

a. NAME OF CONTRACTOR

f. SHIP VIA

8. TYPE OF ORDER

b. COMPANY NAME

c. STREET ADDRESS

d. CITY

e. STATE

f. ZIP CODE

9. ACCOUNTING AND APPROPRIATION DATA

a. PURCHASE

b. DELIVERY REFERENCE YOUR:

Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated.

Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above-numbered contract.

10. REQUISITIONING OFFICE

11. BUSINESS CLASSIFICATION (Check appropriate box(es))

a. SMALL

b. OTHER THAN SMALL

c. DISADVANTAGED

d. WOMEN-OWNED

13. PLACE OF

a. INSPECTION

b. ACCEPTANCE

14. GOVERNMENT B/L NO.

15. DELIVER TO F.O.B. POINT ON OR BEFORE (Date)

16. DISCOUNT TERMS

17. SCHEDULE (See reverse for Rejections) 31310019F0026 CFO-19-0021 U.S. NRC - HQ Acquisition Management Division Mail Stop: TWFN-07B20M Washington DC 20555-0001 Arun Deva Deva & Associates PC 1901 RESEARCH BLVD STE 410 ROCKVILLE MD 208506120 See Schedule

12. F.O.B. POINT 06/01/2019 Nuclear Regulatory Commission Nuclear Regulatory Commission Washington DC 20555-0001 Off of the Chief Financial Officer ITEM NO.

(a)

SUPPLIES OR SERVICES (b)

QUANTITY ORDERED (c)

UNIT (d)

UNIT PRICE (e)

AMOUNT (f)

QUANTITY ACCEPTED (g)

X X

8 Destination Destination NRC-HQ-7N-17-A-0003 30

f. SERVICE-DISABLED VETERAN-OWNED

e. HUBZone

g. WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

h. EDWOSB GSA Contract #: GS00F136CA Accounting Info:

Period of Performance: 06/01/2019 to 05/31/2020

19. GROSS SHIPPING WEIGHT

18. SHIPPING POINT

20. INVOICE NO.

21. MAIL INVOICE TO:

a. NAME

b. STREET ADDRESS (or P.O. Box)

c. CITY

d. STATE

e. ZIP CODE SEE BILLING INSTRUCTIONS ON REVERSE 17(h)

TOTAL (Cont.

pages) 17(i)

GRAND TOTAL

$344,464.92

22. UNITED STATES OF AMERICA BY (Signature)

23. NAME (Typed)

TITLE: CONTRACTING/ORDERING OFFICER MARK S. LOHRMANN

$0.00 OPTIONAL FORM 347 (Rev. 2/2012)

Prescribed by GSA/FAR 48 CFR 53.213(f)

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION NOT USABLE 05/16/2019 U.S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Mailstop T9-B07 NRCPayments@nrc.gov Rockville MD 20852-2738

BPA NO. NRC-HQ-7N-17-A-0003 CALL ORDER NO. 31310019F0026 ADDITIONAL TERMS AND CONDITIONS Table of Contents Contents 1.

CONTRACTOR ACCEPTANCE OF TASK ORDER.....................................................................3

2. FSS-BPA TERMS AND CONDITIONS...............................................................................................3

3. PRICE SCHEDULE................................................................................................................................3

4. CONSIDERATION AND OBLIGATIONTIME-AND-MATERIALS CONTRACT (AUG 2011).........3

5. TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (AUG 2011)............................................4

6. WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (AUG 2011).............................................................................................................4

7. AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS (SEP 2013)...............................................................................................................................................4

8. 2052.215-70 KEY PERSONNEL (JAN 1993)..................................................................................5

9. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)....................................................................5

10. 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)....................5

11. OPTION PERIODS - TASK ORDER/DELIVERY ORDER UNDER A GSA FEDERAL SUPPLY SCHEDULE CONTRACT (AUG 2011)...........................................................................................6

12. GREEN PURCHASING (JUN 2011).................................................................................................6

13. CONTRACTING OFFICER REPRESENTATIVE AUTHORITY.......................................................7

14. NRCH490 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS.............................8

BPA NO. NRC-HQ-7N-17-A-0003 CALL ORDER NO. 31310019F0026 ADDITIONAL TERMS AND CONDITIONS 1.

CONTRACTOR ACCEPTANCE OF TASK ORDER Acceptance of this task order should be made by having an official, authorized to bind your organization, please sign one copy of this document in the space provided and return it via email to the Contracting Officer.

Accepted Task Order:

Printed Name & Title Signature Date

2. FSS-BPA TERMS AND CONDITIONS This order is subject to the terms referenced in BPA NRC-HQ-7N-17-A-0003 and the General Services Administration (GSA) Federal Supply Schedule Contract # GS-00F-136CA.

3. PRICE SCHEDULE BPA labor category Estimated Hours BPA labor rates Total Partner I Project Director 40

$ 227.47

$9,098.80 Sr. Accountant 300

$102.91

$30,873.00 Accountant 4,016

$75.82

$304,493.12 Totals 4,356

$344,464.92

4. CONSIDERATION AND OBLIGATION-TIME-AND-MATERIALS CONTRACT (AUG 2011)

(a)

The ceiling price to the Government for full performance under this BPA Call Order is

$344,464.92.

(b)

This call order includes direct labor hours at specified fixed hourly rates, inclusive of wages, fringe, overhead, general and administrative expenses, and profit.

(c)

The amount presently obligated by the Government with respect to this call order is $344,464.92.

(d)

It is estimated that the amount currently obligated will cover performance through May 31, 2020.

(e)

This is an incrementally-funded contract and FAR 52.232 "Limitation of Funds" applies.

3

BPA NO. NRC-HQ-7N-17-A-0003 CALL ORDER NO. 31310018F0048 ADDITIONAL TERMS AND CONDITIONS 4

5. TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (AUG 2011)

This order shall commence on 06-01-2019 and will expire on 05-31-2020.

6. WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (AUG 2011)

(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to the Whistleblower Employee Protection public law provisions as codified at 42 U.S.C.

5851. NRC contractor(s) and subcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and the implementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24 entitled: "Your Rights Under the Energy Reorganization Act".

(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor and subcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or other employment discrimination practices with respect to compensation, terms, conditions or privileges of their employment because the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage in unlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic Energy Act of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).

(c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performed under this contract.

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

Prior to occupying any Government provided space at NRC Headquarters in Rockville Maryland, the Contractor shall obtain written authorization to occupy specifically designated government space, via the NRC Contracting Officers Representative (COR), from the Chief, Space Design Branch, Office of Administration.

Failure to obtain this prior authorization can result in one, or a combination, of the following remedies as deemed appropriate by the Contracting Officer.

(1)

Rental charge for the space occupied will be deducted from the invoice amount due the Contractor (2)

Removal from the space occupied (3)

Contract Termination

BPA NO. NRC-HQ-7N-17-A-0003 CALL ORDER NO. 31310018F0048 ADDITIONAL TERMS AND CONDITIONS 5

8. 2052.215-70 KEY PERSONNEL (JAN 1993)

(a)

The following individuals are considered to be essential to the successful performance of the work hereunder:

Partner: George Tzamaras Sr. Accountant: A.K. Deva Accountant: Emmeline Hoang The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.

(b)

If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

(c)

Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.

(d)

If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

9. 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 within 30 days prior to the expiration date.

10. 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2019. 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 made. No legal liability on the part of the Government for any payment may arise for

6 BPA NO. NRC-HQ-7N-17-A-0003 CALL ORDER NO. 31310019F0026 ADDITIONAL TERMS AND CONDITIONS performance under this contract beyond September 30, 2019, 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.

11. OPTION PERIODS - TASK ORDER/DELIVERY ORDER UNDER A GSA FEDERAL SUPPLY SCHEDULE CONTRACT (AUG 2011)

The Period of Performance (POP) for this requirement may extend beyond the Offeror's current POP on their GSA Schedule. Offerors may submit proposals for the entire POP as long as their current GSA Schedule covers the requested POP, or their GSA Schedule contains GSA's "Evergreen Clause" (Option to Extend the Term of the Contract), which covers the requested POP if/when the option(s) are exercised. Offerors are encouraged to submit accurate/realistic pricing for the requirement's entire POP, even if the proposed GSA Schedule does not include pricing for the applicable option years, etc.

For proposal evaluation purposes, the NRC assumes that applicable Evergreen Clause Option(s) will be exercised and the NRC will apply price analysis, as applicable. It is in the best interest of the Offeror to explain major deviations in escalation, proposed in any Evergreen Clause option years. Resulting GSA task/delivery order option years subject to the Evergreen Clause will be initially priced utilizing the same rates proposed under the last GSA-priced year of the subject GSA Schedule. Upon GSA's exercise of the GSA Schedule option year(s) applicable to the Evergreen Clause, the NRC will modify the awarded task/delivery order to incorporate either the proposed pricing for the option years or the GSA-approved pricing (whichever is lower).

It is incumbent upon the Offeror to provide sufficient documentation (GSA-signed schedule, schedule modifications, etc.) that shows both the effective dates, pricing and terms/conditions of the current GSA Schedule, as well as Evergreen Clause terms/conditions (as applicable).

Failure to provide this documentation may result in the Offeror's proposal being found unacceptable.

12. GREEN PURCHASING (JUN 2011)

(a) In furtherance of the sustainable acquisition goals of Executive Order 13514, "Federal Leadership in Environmental, Energy, and Economic Performance" products and services provided under this contract/order shall be energy-efficient (Energy Star or Federal Energy Management Program (FEMP) designated), water-efficient, biobased, environmentally preferable (e.g., Electronic Product Environmental Assessment Tool (EPEAT) certified),

non-ozone depleting, contain recycled content, or are non-toxic or less toxic alternatives, where such products and services meet agency performance requirements.

http://www.fedcenter.gov/programs/eo13514/

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

7 BPA NO. NRC-HQ-7N-17-A-0003 CALL ORDER NO. 31310019F0026 ADDITIONAL TERMS AND CONDITIONS

13. CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY (a) The contracting officer's authorized representative hereinafter referred to as the COR for this BPA is:

Name: Susan Jones Address: US NRC, Mail Stop: T9 E2, Washington DC 20555 Email: susan.jones@nrc.gov Telephone Number: 301-415-6072 (b) Performance of the work under this contract is subject to the technical direction of the NRC project officer. The term technical direction is defined to include the following:

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

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

(3) Review and, where required by the contract, approve technical reports, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.

(c) Technical direction must be within the general statement of work stated in the contract. The project officer does not have the authority to and may not issue any technical direction which:

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

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

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

(4) Changes any of the expressed terms, conditions, or specifications of the contract.

(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.

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

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

8 BPA NO. NRC-HQ-7N-17-A-0003 CALL ORDER NO. 31310019F0026 ADDITIONAL TERMS AND CONDITIONS (f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one of the categories defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request that contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause.

(g) Any unauthorized commitment or direction issued by the project officer may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.

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

(i) In addition to providing technical direction as defined in paragraph (b) of the section, the project officer shall:

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

(2) Assist the contractor in the resolution of technical problems encountered during performance.

(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.

14. NRCH490 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (a) All offerors will receive preaward and postaward notices in accordance with FAR 15.503.

(b) It is also brought to your attention that the contracting officer 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.