ML19175A119

Task Order No. 31310019F0045 Under Delivery Order No. 31310018D0002

ML19175A119
Person / Time
Issue date:	06/21/2019
From:	Jennifer Dudek Acquisition Management Division
To:	Southwest Research Institute
References
31310018D0002
Download: ML19175A119 (24)

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) 31310019F0045 NRR-19-0090 US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-07B20M WASHINGTON DC 20555-0001 SOUTHWEST RESEARCH INSTITUTE 6220 CULEBRA RD SAN ANTONIO TX 782385166 See Schedule

12. F.O.B. POINT 12/31/2019 NUCLEAR REGULATORY COMMISSION NUCLEAR REGULATORY COMMISSION WASHINGTON DC 20555-0001 OFF OF NUCLEAR REACTOR REGULATION ITEM NO.

(a)

SUPPLIES OR SERVICES (b)

QUANTITY ORDERED (c)

UNIT (d)

UNIT PRICE (e)

AMOUNT (f)

QUANTITY ACCEPTED (g)

X X

24 Destination Destination 31310018D0002 30

f. SERVICE-DISABLED VETERAN-OWNED

e. HUBZone

g. WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

h. EDWOSB The Contractor shall provide services in accordance with the Statement of Work entitled, "Technical Assistance in Support of the Review of the NRC Office of Nuclear Regulatory Research Technical Reports Related to the Fire Probabilistic Risk Continued...

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

$79,940.00

22. UNITED STATES OF AMERICA BY (Signature)

23. NAME (Typed)

TITLE: CONTRACTING/ORDERING OFFICER JENNIFER A. DUDEK

$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 06/21/2019 FISCAL ACCOUNTING PROGRAM ADMIN TRAINING GROUP AVERY STREET A3-G BUREAU OF THE FISCAL SERVICE PO BOX 1328 PARKERSBURG WV 26106-1328 06/21/2019

DATE OF ORDER 2

ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION CONTRACT NO.

AMOUNT UNIT PRICE UNIT QUANTITY ORDERED SUPPLIES/SERVICES ITEM NO.

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

ORDER NO.

QUANTITY ACCEPTED 31310019F0045 PAGE NO (a)

(b)

(c)

(d)

(e)

(f)

(g) 31310018D0002 Assessment Methods."

Task Order Ceiling:$79,940.00 Task Order Obligation Amount: $79,940.00 Accounting Info:

2019-X0200-FEEBASED-20-20D007-1034-11-4-149-252A-11-4-149-1034 Period of Performance: 06/21/2019 to 12/31/2019 Prescribed by GSA FAR (48 CFR) 53.213(f)

OPTIONAL FORM 348 (Rev. 4/2006)

AUTHORIZED FOR LOCAL REPODUCTION PREVIOUS EDITION NOT USABLE TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17(H))

$0.00

31310018D0002 31310019F0045 3

CONTRACTOR ACCEPTANCE OF TASK ORDER 31310019F0045 Acceptance of Task Order No. 31310019F0045 under contract No. 31310018D0002 should be made by having an official, authorized to bind your organization, execute two copies of this document in the space provided and return one copy to the Contracting Officer. You should retain the other copy for your records.

Accepted Task Order No. 31310019F0045 under Contract No. 31310018D0002:

Name Title Date

31310018D0002 31310019F0045 4

SECTION B - Supplies or Services/Prices......................................................................................5 B.1 BRIEF DESCRIPTION OF WORK.......................................................................................5 B.2 CONSIDERATION AND OBLIGATION TASK ORDERS (AUG 2011)............................5 B.3 PRICE/COST SCHEDULE...................................................................................................5 SECTION C - Descriptions/Specifications/Statement of Work.......................................................7 D.1 BRANDING........................................................................................................................13 D.2 PACKAGING AND MARKING..........................................................................................13 SECTION E - Inspection and Acceptance....................................................................................14 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)........................................14 SECTION F - Deliveries or Performance......................................................................................15 F.1 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)...........................15 F.2 PLACE OF DELIVERY-REPORTS....................................................................................15 SECTION G - Contract Administration Data.................................................................................16 G.1 CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY.....................................16 G.2 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT - ALTERNATE 1 (OCT 1999).........................................................................................................................................18 SECTION H - Special Contract Requirements.............................................................................19 H.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993).........................................................................................................................................19 H.2 2052.215-70 KEY PERSONNEL. (JAN 1993)...................................................................21 H.3 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS.....................22 SECTION J - List of Documents, Exhibits and Other Attachments..............................................24

31310018D0002 31310019F0045 5

SECTION B - Supplies or Services/Prices B.1 BRIEF DESCRIPTION OF WORK (a) The title of this project is:

Technical Assistance in Support of the Review of the NRC Office of Nuclear Regulatory Research Technical Reports Related to the Fire Probabilistic Risk Assessment Methods (b) Summary work description:

The objective of this task order is to obtain technical assistance from the Southwest Research Institutes (SwRIs) Center for Nuclear Waste Regulatory Analyses (CNWRA) to assist the staff in assessing the rationality, accuracy, soundness, completeness, and comprehensiveness of the results of the research which is described in the draft reports.

B.2 CONSIDERATION AND OBLIGATION TASK ORDERS (AUG 2011)

(a) The total ceiling of this contract for the products/services under this contract is $79,940.00

(

).

(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 $79,940.00 of which

. 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 the provisions of FAR 52.232 Limitation of Funds, for incrementally-funded delivery orders or task orders.

(e)

In accordance with FAR 52.216 Fixed Fee, it is the policy of the NRC to withhold payment of fee after payment of 85 percent of the fee has been paid in order to protect the Governments interest. The amount of fixed-fee withheld from the contractor will not exceed 15 percent of the total fee or $100,000, whichever is less. Accordingly, the maximum amount of fixed-fee that may be held in reserve is B.3 PRICE/COST SCHEDULE Total Estimated Cost and Fixed-Fee breakdown by CLIN is presented below.

31310018D0002 31310019F0045 6

CLIN Description Est Cost Fixed Fee Total Cost Plus Fixed Fee

$79,940.00 TOTAL Total Estimated Cost and Fixed-Fee breakdown by cost element is presented below.

DESCRIPTION Total Estimated Amount Total Estimated Costs and Fixed-Fee

$79,940.00

31310018D0002 31310019F0045 7

SECTION C - Descriptions/Specifications/Statement of Work C.1 PROJECT TITLE Technical Assistance in Support of the Review of the NRC Office of Nuclear Regulatory Research Technical Reports Related to the Fire Probabilistic Risk Assessment Methods C.2 BACKGROUND With the adoption of the risk-informed, performance-based fire protection rule 10CFR50.48(c),

decisions and their technical bases are relying to a much greater extent on fire Probabilistic Risk Assessments (PRAs). In particular, those plants that already have transitioned to this alternative rule developed or are maintaining fire PRAs to estimate the plants fire risk.

The NRC in collaboration with the Electric Power Research Institute (EPRI) initially published the technical guidance and framework for developing fire PRA models in NUREG/CR-6850 (EPRI 1011989), EPRI/NRC-RES Fire PRA Methodology for Nuclear Power Facilities, which was based on a limited amount of experimental data, supplemented by expert judgment. In an effort to update this guidance, the Office of Nuclear Reactor Regulation (NRR) has worked with the Office of Nuclear Regulatory Research (RES) and EPRI to perform additional research and experiments in order to produce supplemental guidance related to certain phenomenological and practical limitations of the existing guidance. Specifically, the NRC and EPRI have drafted two reports intended to advance the state of knowledge with regard to crediting personnel suppression, obstructed radiation, fire spread between adjacent electrical enclosures, motor and transformer fires, wall and corner effects, main control board fire scenarios and probability of non-suppression floor values.

The following two reports are to be reviewed and comments developed under this task order:

Report No. 1: NUREG-2230, Methodology for Modeling Fire Growth and Suppression Response for Electrical Cabinet Fires in Nuclear Power Plants Over the past decade, modern fire probabilistic risk assessments (PRAs) have been developed using NUREG/CR-6850 (also EPRI 1011989). The results show that fire can be a significant portion of the overall site risk profile, however, the methodology was never fully piloted before implementation. As a result, additional research and development in the methods and data has been performed over the past decade to refine the estimates of risk and close technical gaps in the methodology. One aspect of the fire PRA methods and data that has not been explicitly reanalyzed is the fire growth profile and plant personnel suppression response for electrical cabinets. A simplified model of the average time to peak, steady state and decay are used to model the ignition sources heat release rate profile. For manual suppression credit, a dense collection of electrical ignition sources spanning three decades is used to represent the fire brigade and plant suppression response.

Recent research efforts focused on obtaining more detailed information regarding the fire incidents at nuclear power plants. This data collection has enabled researchers to obtain more details on the fire attributes, timeline and plant impact. This project specifically reviewed the available electrical cabinet fire incident data in an effort to update the methodology to better reflect the observed operating experience. Insights from the data review served as the basis for amending portions of the fire modeling and suppression response to more accurately align with operating experience.

31310018D0002 31310019F0045 8

The outcome of this work is a revised set of parameters that address both the fire growth and the suppression response in the context of fire scenario modeling. The set of electrical cabinet fire events were classified into either a growing or interruptible fire categorization. Interruptible fires are those that have observed ignition, but no significant growth for a period of time. Growing fires, on the other hand, experience growth immediately after ignition. Furthermore, the non-suppression event tree has been updated to better allow for early plant suppression actions.

Additional manual non-suppression bins have been added to reflect the scenario characteristics.

The results of this research may be implemented in new and existing fire PRAs for a more realistic representation of the scenario progression and suppression end states.

Report No. 2: NUREG-2178 Draft, Refining and Charactering Heat Release Rate from Electrical Enclosures During Fire (RACHELLE-FIRE)- Volume 2: Fire Modeling guidance for Electrical Cabinets, Electric Motors, Indoor Dry Transformers and the Main Control Board NUREG-2178 Volume 1 refined the heat release rates (HRRs) associated with electrical cabinets and introduced an obstructed fire plume model for refining the vertical zone of influence (ZOI).

As a result, Volume 1 has been implemented in a number of nuclear power plant (NPP) fire probabilistic risk assessments (PRAs) to obtain a more realistic estimate of risk associated with electrical cabinet fires. While the methodology in Volume 1 is focused on data analysis and the ZOI, it was realized that modeling refinements associated with other aspects of cabinet fires and the location of fires should be investigated. These targeted areas are further investigated in this report.

This report describes improved methods that may increase the realism in the modeling of selected ignition sources. The areas further investigated include the treatment of flame radiation and obstructed radiation, fire propagation between adjacent electrical cabinets, HRRs for electric motors and dry transformers, fire location factor, non-suppression probability floor values and the modeling of the main control board.

C.3 OBJECTIVE The objective of this task order is to obtain technical assistance from the Southwest Research Institutes (SwRIs) Center for Nuclear Waste Regulatory Analyses (CNWRA) to assist the staff in assessing the rationality, accuracy, soundness, completeness, and comprehensiveness of the results of the research which is described in the draft reports.

To accomplish this overall objective, several tasks are outlined in Section C.4.

C.4 SCOPE OF WORK The CNWRA will review and develop comments on the above draft reports for NRC staff consideration; feedback on the comments will be provided by the NRC. This task order also includes assistance in reviewing RES comment dispositions and assisting in the resolution of open items. The CNWRA will provide technical letter reports containing the comments.

The Contractor shall perform the following tasks:

31310018D0002 31310019F0045 9

Tasks Completion Schedule 1.

Review of draft NUREG-2230 a.

Review report and consider the following attributes in the report:

The basis and validity of the underlying premise of crediting personnel suppression in a more realistic manner.

The concept of interruptible fires vs. fires that progress beyond a point where the growth potential can be interrupted and suppressed before damage occurs.

The event tree logic for crediting the suppression of interruptible fires vs. growth fires.

Prepare a technical letter report documenting comments and recommendations.

b.

Review responses to the comments (disposition of comments) and identify those issues that have been resolved and those for which further discussion may be needed along with the basis for resolution. Prepare a technical letter report1.

Four weeks after work authorization, issued by technical direction of the COR.

Two weeks after receipt of NRC comments.

2.

Review of draft NUREG-2178, Volume 2

a. Review report and consider the following attributes in the report:

The basis and validity of the underlying concepts for obstructed radiation, realistic fire spread from one electrical enclosure to another, heat release rates for motors and transformers, improved fire location factors, improved non-suppression probability floor values, and improved methodology for modeling main control board fire scenarios.

Whether the revised methods represent technically valid and defensible approaches for modeling fire damage.

Consistency of the referenced heat soak method with NRC-approved versions.

Potential assumptions or limitations that might be warranted.

The validity of the event tree logic used to resolve some of the report subjects.

Four weeks after work authorization, issued by technical direction of the COR.

1 There may be more than one round of comments and it is assumed that there is sufficient lever of effort to accommodate the additional round(s).

31310018D0002 31310019F0045 10 Prepare a technical letter report documenting comments and recommendations.

b. Review RES responses to the comments (disposition of comments) and identify those issues that have been resolved and those for which further discussion may be needed along with the basis for resolution. Prepare a technical letter report2.

Two weeks after receipt of NRC comments.

C.5 APPLICABLE DOCUMENTS AND STANDARDS The documents are the two reports referenced herein.

C.6 DELIVERABLES AND DELIVERY SCHEDULE See Section C.4 above for the delivery schedule.

Technical Reporting Requirements 1.

At the completion of each Subtask 1.a and 2.a, submit a technical letter report which contains the results and findings from the review associated with the attributes listed under each Subtask and the basis for those findings. Describe any other highlights and observations along with the basis for those observations.

2.

At the completion of each Subtask 1.b and 2.b, submit a technical letter report which contains an evaluation of the RES comments and the recommendation as to whether the issue has been properly addressed or resolved, or not. Provide a list of those issues for which further discussion is needed and the basis for the issue.

Monthly Letter Status Reporting (MLSR) Requirements Copies of the MLSRs are to be sent to the COR the Alternate COR with copies provided to the Contracting Officer and to Mehdi.Reisifard@nrc.gov.

Each month, the contractor will provide a Monthly Letter Status Report (MLSR) per Section F.2 of the Base Contract. This report is due no later than the 20th calendar day of the following month and will be provided in PDF format. If no work was performed during the prior month, the contractor shall not prepare and submit an MLSR. The MLSR shall be provided electronically to the COR and the contracting officer.

C.7 REQUIRED LABOR CATEGORIES One Principal Investigator (PI)/Senior Engineer who possesses expertise and working knowledge and experience in the areas of (1) nuclear power plant fire protection; (2) fire testing; and (3) the application of fire PRA methodologies and reactor PRA results.

One staff-level Fire Protection Engineer Nuclear Engineer who possesses in-depth knowledge of U.S. nuclear power plant systems and operations.

2 There may be more than one round of comments and it is assumed that there is sufficient lever of effort to accommodate the additional round(s).

31310018D0002 31310019F0045 11 C.8 GOVERNMENT-FURNISHED PROPERTY The report for Task 1 and Task 2 will be provided by the COR.

No other property is anticipated to be needed.

C.9 PLACE OF PERFORMANCE Work will be performed at Center for Nuclear Waste Regulatory Analyses (CNWRA) facilities, except for travel as identified in Section C.10.

C.10 CONTRACTOR MEETINGS/TRAVEL Contractor participation in meetings for this task order are generally expected to be conducted remotely via teleconference; no travel is anticipated.

C.11 SECURITY The work under this order will be at the UNCLASSIFIED level. This task order does not involve the contractor to access, possess, store or generate Sensitive Unclassified Information (SUNSI).

C.12 SPECIAL CONSIDERATIONS Rights in Data The contractor shall provide all data produced under this contract to the RC COR at the conclusion of the contract. All data first produced in performance of this contract are subject to FAR clause 52.227-14, Rights in DataGeneral (Dec 2007), which is hereby incorporated by reference.

Technical Direction The COR may issue Technical Direction (TD) throughout the duration of this task order. The TD must be within scope of the task order SOW and shall not constitute new assignments of work or changes of such a nature as to constitute a change to the task order cost or period of performance. Any modifications to the scope of work, cost, or period of performance of this task order must be issued by the Contractor Officer (CO) and will be coordinated with the COR. The COR may issue TD for the purpose of making adjustments or clarifications to the timing and performance of the tasks and/or the delivery schedule of the documents within this task order.

In the event that the contractor believes that any of the TDs have an impact in terms of changing the scope, cost or period of performance of the task order, prior to taking action on the TD in question, the contractor shall immediately inform the task order CO and request appropriate guidance prior to taking action on the TD in question.

Assumptions and Understandings It is understood that the level of effort for Tasks 1 and 2 contains sufficient effort to conduct telephone conference calls with the NRC staff. Such phone calls, for example, might be arranged by the NRC COR with the NRC RES staff to discuss the comments and to reach an

31310018D0002 31310019F0045 12 understanding. Comments on RES draft reports might be provided to the contractor such that they may have to be resubmitted by the contractor.

31310018D0002 31310019F0045 13 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 Nuclear Material Safety and Safeguards, under Contract number 31310018D0002/31310019F0045.

(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) On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

(c) Additional packaging and/or marking requirements are as follows: Not Applicable.

(End of Clause)

31310018D0002 31310019F0045 14 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, in accordance with FAR 52.247 F.o.b. Destination.

(End of Clause)

31310018D0002 31310019F0045 15 SECTION F - Deliveries or Performance F.1 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)

This task order shall commence on Date of Award and will expire on December 31, 2019.

(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:

a. Contracting Officer Representative:

Refer to Section G.1 CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY

b. Contracting Officer (CO) (1 electronic copy):

(End of Clause)

31310018D0002 31310019F0045 16 SECTION G - Contract Administration Data G.1 CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY a) The contracting officer's authorized representative hereinafter referred to as the COR for this contract is:

Name:

Bernard L. Grenier Address:

U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, DC 20555 Mail Stop:

OWFN 10C15 Phone:

301-415-2726 E-mail:

Bernard.Grenier@nrc.gov NRC Alternate COR:

Name:

Jay Robinson Address:

U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, DC 20555 Mail Stop:

OWFN 10C15 Phone:

301-415-2878 E-mail:

Jay.Robinson@nrc.gov (b) Performance of the work under this contract is subject to the technical direction of the NRC COR. 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 COR 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.

31310018D0002 31310019F0045 17 (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 COR 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 COR in the manner prescribed by this clause and within the CORs authority under the provisions of this clause.

(f) If, in the opinion of the contractor, any instruction or direction issued by the COR 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 COR 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 COR 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.

(End of Clause)

31310018D0002 31310019F0045 18 G.2 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT - ALTERNATE 1 (OCT 1999)

(a) Total expenditure for travel may not exceed (Not Applicable for this Task Order) 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 NRC no later than 30 days prior to the commencement of travel.

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

(d) It is the responsibility of the contractor to notify the contracting officer in accordance with the FAR Limitations of Cost clause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor to exceed the travel ceiling amount identified in paragraph (a) of this clause.

(e) 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)

31310018D0002 31310019F0045 19 SECTION H - Special Contract Requirements H.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:

(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

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

(c) Work for others.

(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.

(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the audit, inspection, or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate) except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.

(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).

(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.

(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.

(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting

31310018D0002 31310019F0045 20 officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.

(d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, that it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.

(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government.

(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.

(e) Access to and use of information.

(1) If, in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:

(i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.

31310018D0002 31310019F0045 21 (2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.

(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.

(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.

(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.

(1) If the contractor under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.

(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.

(End of Clause)

H.2 2052.215-70 KEY PERSONNEL. (JAN 1993)

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

, Program Manager

, Principal Investigator

, Principal Engineer

31310018D0002 31310019F0045 22

, CNWRA Executive Director 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.

(End of Clause)

H.3 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance for this task order under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information,"

normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared. Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.

The Contracting Officer will transmit the NRC Contracting Officers Representatives (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.

The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information, to the contractor's Project Manager for their records as soon as

31310018D0002 31310019F0045 23 practicable after it has been finalized. The completed evaluation report also will be used as a tool to improve communications between the NRC and the contractor and to improve contract performance.

The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of the report already.

(End of Clause)

31310018D0002 31310019F0045 24 SECTION J - List of Documents, Exhibits and Other Attachments The following attachments were provided under the Base Contract and are applicable to this task order:

Template Contractor Spending Plan

Monthly Letter Status Report Instructions for Contracts and Orders

Billing Instructions Cost Reimbursement Type Contracts

Organizational Conflicts of Interest