ML19179A044
| ML19179A044 | |
| Person / Time | |
|---|---|
| Issue date: | 06/27/2019 |
| From: | Mike Williams Acquisition Management Division |
| To: | |
| References | |
| 31310019D0003 | |
| Download: ML19179A044 (70) | |
Text
NRCPAYMENTS PARKERSBURG WV 26106-1328 PO BOX 1328 BUREAU OF THE FISCAL SERVICE ADMIN TRAINING GROUP AVERY STREET A3-G FISCAL ACCOUNTING PROGRAM 7035281072 055953892 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 CODE
- 16. ADMINISTERED BY CODE X
X 541612 SIZE STANDARD:
% FOR:
SET ASIDE:
- 10. THIS ACQUISITION IS CODE RFQ
- 14. METHOD OF SOLICITATION 13b. RATING NAICS:
SMALL BUSINESS ET 05/07/2019 301-415-2257 JENNIFER DUDEK (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 31310019R0025
- 5. SOLICITATION NUMBER SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
- 1. REQUISITION NUMBER PAGE OF 1
70 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 TELEPHONE NO.
MECHANICSBURG PA 170557500 836 TAMANINI WAY ATTN JASMINE GOULD JAMA ENTERPRISES INC 17a. CONTRACTOR/
- 15. DELIVER TO WASHINGTON DC 20555-0001 MAIL STOP TWFN-07B20M ACQUISITION MANAGEMENT DIVISION
- 9. ISSUED BY
- 7.
31310019D0003
- 2. CONTRACT NO.
EFFECTIVE DATE
$6.0 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 X
24.
AMOUNT 23.
UNIT PRICE 22.
UNIT
- 21.
QUANTITY 20.
SCHEDULE OF SUPPLIES/SERVICES 19.
ITEM NO.
SBA Requirement No. 0303-19-042619-01 The contractor shall provide services in accordance with the Statement of Work entitled, "Organizational Development Services for the U.S.
Nuclear Regulatory Commission."
Period of Performance: 07/01/2019 to 06/30/2020 (Use Reverse and/or Attach Additional Sheets as Necessary)
$2,530,647.16 HEREIN, IS ACCEPTED AS TO ITEMS:
X X
X DATED MONIQUE B. WILLIAMS 06/27/2019
. 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 31b. NAME OF CONTRACTING OFFICER (Type or print)
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 N/A-Funding to be obligated on task orders.
- 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.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 70 2 of
31310019D0003 Page 3 SECTION B - Supplies or Services/Prices............................................................................................................4 B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION.............................................................................4 B.2 CONSIDERATION AND OBLIGATIONINDEFINITE-QUANTITY CONTRACT.....................................4 B.3 PRICE/COST SCHEDULE.........................................................................................................................5 SECTION D - Packaging and Marking................................................................................................................19 D.1 BRANDING..............................................................................................................................................19 D.2 PACKAGING AND MARKING.................................................................................................................19 SECTION E - Inspection and Acceptance..........................................................................................................20 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.....................................20 SECTION F - Deliveries or Performance............................................................................................................21 F.1 PERIOD OF PERFORMANCE ALTERNATE IV......................................................................................21 F.2 PLACE OF DELIVERY-REPORTS..........................................................................................................21 SECTION G - Contract Administration Data.......................................................................................................22 G.1 REGISTRATION IN FEDCONNECT (JULY 2014)...............................................................................22 G.2 ELECTRONIC PAYMENT (DEC 2017)...................................................................................................22 SECTION H - Special Contract Requirements...................................................................................................23 H.1 2052.204-70 SECURITY. (OCT 1999).....................................................................................................23 H.2 2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993)....................................................24 H.3 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)..............24 H.4 2052.215-70 KEY PERSONNEL. (JAN 1993).........................................................................................27 H.5 2052.215-71 CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY. (OCT 1999)
ALTERNATE I (OCT 1999)............................................................................................................................28 H.6 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT. (OCT 1999)........................................28 H.7 2052.216-72 TASK ORDER PROCEDURES. (OCT 1999).....................................................................29 H.8 2052.216-73 ACCELERATED TASK ORDER PROCEDURES. (JAN 1993).........................................30 H.9 GREEN PURCHASING (SEP 2015)........................................................................................................30 H.10 CONTRACTOR RESPONSIBILITY FOR PROTECTING PERSONALLY IDENTIFIABLE INFORMATION (PII).......................................................................................................................................30 H.11 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (OCT 2014)........................................................................................32 H.12 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES..................................................................................................................................................32 H.13 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS............................................33 H.14 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS.........................................33 H.15 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (SEP 2013)............................34 SECTION I - Contract Clauses...........................................................................................................................36 I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)...................................................36 I.2 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018) - ALTERNATE I (JAN 2017)....................................................................................................................................................36 I.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JAN 2019).......................................................................46 I.4 52.216-18 ORDERING. (OCT 1995).........................................................................................................54 I.5 52.216-19 ORDER LIMITATIONS. (OCT 1995)........................................................................................54 I.6 52.216-22 INDEFINITE QUANTITY. (OCT 1995).....................................................................................54 I.7 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM. (MAR 1989)..55 I.8 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)........................................................................55 I.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)....................................55 I.10 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS. (JAN 2017).......................................................55 I.11 52.219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 2017)...........................................................56 I.12 52.219-17 SECTION 8(A) AWARD. (JAN 2017)....................................................................................57 SECTION J - List of Documents, Exhibits and Other Attachments.....................................................................58
31310019D0003 Page 4 SECTION B - Supplies or Services/Prices B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION (a) The title of this project is:
Organizational Development (OD) Services for the U. S. Nuclear Regulatory Commission (NRC).
(b) Summary work description:
The overall objective of this acquisition is to improve the effectiveness of the NRCs personnel in accomplishing the agencys mission. Specifically, the program objective is to enhance NRCs organizational culture by using contract services provided by skilled contractors who are experienced in the field of OD and change management.
The specific objective of this contract is to provide OD services that supplement NRCs resources. The contractor shall support NRC with: 1) Executive Coaching; and OD Interventions. The NRC may also require support in two additional areas: 1) support for facilitating discussions between individuals experiencing difficulty in communicating around particular issues; assisting with civility development in the workplace (Optional Task 1); and 2) support the establishment and maintenance of a skilled-based mentoring program (Optional Task 2). Task Orders will be issued by the NRC under this contract for the required services.
(End of Clause)
B.2 CONSIDERATION AND OBLIGATIONINDEFINITE-QUANTITY CONTRACT (a) The estimated total quantity of this contract for the products/services under this contract is $2,530,647.16.
The amount for the base period is
. The amount will increase as follows, upon exercise of any option periods/items.
Total:
$2,530,647.16 (b) The Contracting Officer will obligate funds on each task order issued.
(c) The minimum guarantee under this contract is $250,000.00. The minimum guarantee is obligated on Task Order 1.
(d) The obligated amount for this contract is $0 - Funds will be obligated at the Task Order Level.
(e) A total estimated cost and fee, if any, will be negotiated for each task order and will be incorporated as a ceiling in the resultant task order. The Contractor shall comply with the provisions of FAR 52.232 Limitation of Cost for fully-funded task orders and FAR 52.232 Limitation of Funds for incrementally-funded task orders, issued hereunder.
31310019D0003 Page 5 (End of Clause)
B.3 PRICE/COST SCHEDULE
31310019D0003 Page 6
31310019D0003 Page 7
31310019D0003
31310019D0003 Page 9 TOTAL BASE AND ALL OPTIONS---
$2,530,647.16
======
31310019D0003 Page 10
- NOTE: The above is the contracts detailed price schedule, the below is the CLIN structure as presented in the NRCs Strategic Acquisition System (STAQS) and is for informational purposes only.*****
$ 2,530,647.16 TOTAL
31310019D0003 Page 11 SECTION C - Description/Specifications Organizational Development Services Contents C.1 Title of Project C.2
Background
C.3 Objective C.4 Scope of Work/Tasks C.5 Reporting Requirements C.6 List of Services/Deliverables C.7 Required Materials/Facilities C.8 Release of Publications C.9 Place of Performance C.10 Recognized Holidays C.11 Hours of Operation C.12 Certification and License Requirements C.13 Key Personnel Qualification Requirements C.14 Contractor Travel C.15 Data Rights C.16 Incremental Development for Software C.17 Section 508 - Information and Communication Technology Accessibility C.18 Applicable Publications (Current Editions)
31310019D0003 Page 12 C.1 Title of Project Organizational Development (OD) Services for the U. S. Nuclear Regulatory Commission (NRC).
C.2
Background
The NRC is an independent agency created by Congress. The mission of the NRC includes licensing and regulation of commercial nuclear power plants; research, testing, and training reactors; nuclear fuel cycle materials; and the transport, storage, and disposal of radioactive materials and waste to protect public health and safety, promote the common defense and security, and protect the environment. In addition, the NRC licenses the import and export of radioactive materials and works to enhance nuclear safety and security throughout the world.
OD is a planned effort to increase an organization's health and overall effectiveness through interventions.
The interventions use a number of tools based on behavioral science knowledge that are designed to improve interpersonal and intra-agency dynamics. For over 20 years, the NRC has contracted for OD consultants to support the agencys mission and to improve its effectiveness through services such as coaching Senior Executive Service (SES) and non-SES managers, change management support, and working with specific units or groups to improve the work environment and performance.
The NRC, Office of Chief Human Capital Officer (OCHCO), Human Resources and Training Division, anticipates that requests for OD services will continue to increase during the next five years while the agency continues to change as the nuclear industry landscape evolves. Actively disengaged employees limit job performance, undermine the organization, and can severely impact agency morale. Continued third-party, contractor support is critical during interventions to maintain an engaged and productive workforce. OD services shall be provided either at Headquarters, an NRC Regional Office, or at the Technical Training Center (TTC).
C.3 Objective The overall objective of this acquisition is to improve the effectiveness of the NRCs personnel in accomplishing the agencys mission. Specifically, the programs objective is to enhance NRCs organizational culture by using contract services provided by skilled contractors who are experienced in the field of OD and change management.
The specific objective of this contract is to provide OD services that supplement OCHCOs resources through executive coaching and OD interventions. The NRC may also require support for additional task orders (TOs) which would be issued for each support area. Specific requirements for each area would be defined in the individual TOs as a modification to the contract.
The contractor shall align their service with the NRC values, principles of good regulations, leadership philosophy, and activities as well as the agencys mission and strategic goals.
C.4 Scope of Work/Tasks The contractor shall provide all resources necessary to accomplish the tasks and deliverables described in this Statement of Work (SOW). The contractor shall provide support to improve operations of the agency through continuous development of the organizational culture. The contract shall offer programmatic support as well as the use of several team/individual self-awareness diagnostic tools, as noted below.
31310019D0003 Page 13 The contractor shall perform executive coaching and OD interventions. Additionally, two optional TOs may be added for 1) support for facilitating discussions between individuals experiencing difficulty in communicating around particular issues; assisting with civility development in the workplace (Optional Task 1); and 2) support the establishment and maintenance of a skilled-based mentoring program (Optional Task 2). TOs will be issued by the NRC under this contract for the required services. Further, the NRC Contracting Officers Representative (COR) may issue delivery orders under any issued TO (see Attachment 3 for Delivery Order form). A description of each anticipated task area is provided below.
OD Intervention describes a specific activity or event that supports change and learning in an organization.
OD interventions will vary depending on individual circumstances/request although each intervention will begin with and internal client in-take meeting resulting in the development of a written subtask. OD interventions shall be targeted to the individual and immediate challenges of a specific work unit as identified by the requesting work unit in consultation with its leadership. Contractor support of OD interventions may deal with issues of a sensitive nature that are best handled by external contractors. Implicit in each OD intervention is the goal of becoming and sustaining a high-performing organization with a strong safety culture.
Executive coaching is a facilitative one-to-one, mutually designed relationship between a professional coach and a key contributor with some positional authority within the organization. The client is accountable for decisions with wide scope of impact on the organization and potentially the industry as a whole. The focus of the coaching is usually on organizational performance or development but may also serve a personal component as well.
The contractor shall deliver a sufficient number of any assessment tool that is used in connection with an OD service. The contractor shall utilize the most effective tools, not limited to, but including the following industry standard assessments:
Myers-Briggs Type Indicator (MBTI) - An introspective self-report questionnaire designed to indicate psychological preferences in how people perceive the world and make decisions.
Strength Development Inventory (SDI) - This self-assessment tool helps people understand themselves by helping them understand the motives that drive their behaviors. It also helps them understand the motives that drive the behaviors of others.
Everything DiSC (Dominance, Influence, Steadiness and Conscientiousness) - A tool to better understand your work style and how to build more effective relationships.
Gallup Strengths Finder - The CliftonStrengths assessment identifies individual strengths to help people excel, and find solutions to be more engaged, more productive individually and in teams.
Emotional Quotient Inventory (EQi) - Emotional Intelligence is recognized as essential to successful leadership, team, and individual performance. The EQi details fifteen elements or scales that deal with self-concept, interpersonal relationships and general emotional well-being, and then compares a respondents results with those of a norm group so that respondents can see how their responses relate to those of others.
Optional Task 1: The contractor shall support NRC by supporting a central internal clearinghouse that will assist employees with concerns and/or issues and identify resources for individuals. The clearinghouse may be staffed by professional coaches, knowledgeable in NRC culture to adequately reference pathways for addressing concerns or issues including but not limited to bullying, harassment, retaliation, discrimination, threats, allegations, chilling effects, disputes, alternative views/differing opinions, etc. The NRC may also request intake support services for this central clearinghouse program. Intake support services would entail meeting with employees to clarify the issue and explore options and refer appropriately based on the employees presenting concern.
31310019D0003 Page 14 Optional Task 2: The NRC has identified a pool of skill-based mentors who have experience and expertise in various competencies. The challenge is transferring that knowledge to professionally develop others. The NRC may require support in developing a skill or task-based mentoring program. Such support would include providing staff with information to develop coaching skills and foundational mentoring concepts to be successful in transferring knowledge related to a task or competency. The contractor may be asked to develop a customized module to teach skill-based mentoring. (Skill-based mentors need to be able to provide coaching skills in addition to mentoring as they perform the role of teaching someone a specific competency. Coaching the individual reinforces the performance of the competency and helps the protégé determine how they need to improve. Unlike other mentor programs this program defines a specific competency or set of competencies to be learned within a given timeframe. The mentor will also provide an opportunity for the individual to practice or demonstrate the competency learned which is where coaching becomes an important part of this role.)
C.5 Reporting Requirements Each Task Order (TO) will specify all reporting requirements.
C.6 List of Deliverables Each TO will specify all deliverable requirements.
C.7 Required Materials, Facilities, Hardware/Software Details of any materials required for this contract shall be specified in each TO. The contractor shall send materials to the applicable region or Technical Training Center when OD services are held away from NRC Headquarters in sufficient time (generally 10 working days) prior to presentation during an intervention using the addresses identified in C.9 of this SOW.
C.8 Release of Publications Any documents generated by the contractor under this contract/order shall not be released for publication or dissemination without CO and COR prior written approval.
C.9 Place of Performance The contractor is permitted full access to the Government's facilities as required. The work to be performed under this contract will be primarily performed at:
The NRC Headquarters White Flint Complex 11555 Rockville Pike Rockville, MD 20852 OD service may be offered at Headquarters (Rockville, MD), Region I (King of Prussia, PA), Region II (Atlanta, GA), Region III (Lisle, IL), Region IV (Arlington, TX) and the TTC (Chattanooga, TN) and other locations specified by the NRC COR Work at other facilities will be specified in each individual client TO.
For each of the NRCs four regions and the Technical Training Center, the following addresses shall be used until further notice:
31310019D0003 Page 15 REGION I OFFICE:
U.S. NRC, Region I 2100 Renaissance Blvd., Suite 100 King of Prussia, PA 19406-2713 REGION II OFFICE:
U.S. NRC, Region II Marquis One Tower 245 Peachtree Center Avenue N.E., Suite 1200 Atlanta, GA 30303 REGION III OFFICE:
U.S. NRC, RIII 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352 REGION IV OFFICE:
U.S. NRC, RIV 1600 East Lamar Boulevard Arlington, Texas 76011-4511 NRC TTC U.S. NRC, TTC Osborne Office Center 5746 Marlin Road, Suite 2000 Chattanooga, TN 37411-5677 C.10 Recognized Holidays Contractor personnel shall not be required to perform onsite on the Federal holidays identified below.
Contractor personnel shall comply with their companys policies and procedures regarding their work status on these days.
New Years Day Labor Day Martin Luther King Jr.s Birthday Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day In the event of Government or facility closures, the contractor may continue to perform work within the scope of services under the contract at an alternative site.
C.11 Hours of Operation The contractor shall provide required support during normal work days and hours between 8:00 a.m. to 5:00 p.m., Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor shall be available to implement tasks pertaining to the contract and respond to all NRC OD requests including answering questions about invoicing, scheduling, delivery of courses materials, OD consultant availability, and other related contractual matters.
C.12 Certification and License Requirements The contractor is responsible for ensuring that its employees assigned to this Government contract/order possess and maintain the following professional certifications and/or licenses:
31310019D0003 Page 16 An International Coaching Federation (ICF) certification for coaching or be an individual who holds a Ph.D.
in clinical psychology to perform appropriate coaching interventions.
C.13 Key Personnel and Qualification Requirements 1.
Senior OD Consultant/Executive Coach:
At a minimum, the Senior OD consultants/executive coach shall have the following knowledge, skills, and abilities:
The proposed OD consultant shall have comprehensive knowledge of OD, the behavioral sciences, management, general business, training, and current developments in OD and organizational learning.
The OD consultant shall have over 10 years of experience in OD interventions, and a masters degree in one of the applied behavioral sciences, preferably Organization Development, Industrial Organizational Psychology, Counseling Psychology, or Management Science.
The proposed OD consultant shall be skilled in the theory of understanding organizations and the process of change; a view of organizations; and an ability to visualize, design, and implement long-range change management and other OD interventions including training programs and assessment workshops.
The proposed OD consultant shall possess strong interpersonal skills in the following areas:
communications, providing and receiving feedback, leveling and confronting, and the ability to handle stress and frustration.
The proposed OD consultant shall identify any professional affiliations they have with the applicable OD organizations, such as the Organizational Development Network (ODN), the Society for Industrial Organizational Psychology (SIOP), or the International Association of Facilitators (IAF). They shall be certified in coaching, and qualified to administer and interpret any assessment instrument used in an intervention.
An International Coaching Federation (ICF) certified coach shall perform executive coaching interventions.
2.
Junior OD Consultant:
At a minimum, a junior consultant shall have the following knowledge, skills, and abilities:
The junior consultant shall have experience working in the field of Organization Development and at least a bachelors degree in a related behavioral science.
A junior consultant may be used to assist the senior consultant upon the project officers approval.
Junior consultants will work only in conjunction with a senior consultant.
The contractor shall maintain availability of key personnel who are required to successfully perform the work required in this SOW.
3.
Project Manager (PM):
The contractor shall provide PM services for management and coordination of deliverables and services described in this SOW. The PM will ensure quality performance of the work product. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO. The contract or TO manager or alternate shall have full authority to act for the contractor on all
31310019D0003 Page 17 contract matters relating to daily operation of this contract. The manager or alternate shall be available between 8:00 a.m. to 5:00 p.m., Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons to implement tasks pertaining to the contract and respond to all NRC OD requests including answering questions about invoicing, scheduling, delivery of courses materials, OD consultant availability, and other related contractual matters.
The PM is responsible for the effective management of funds and personnel as well as is accountable for the quality and timely delivery of contractual items. The PM operates within client guidance, contractual limitations, and company business and policy directives. The PM serves as focal point of contact with clients on program activities and ensures that all required resources including manpower, production standards, computer time, and facilities are available for program implementation. The PM confers with the COR to provide advice, to assist with problem resolution, and to participate in contract negotiations.
The on-site contractors shall be required to hold, at a minimum, a security clearance that allows them to attain an NRC unescorted access badge. In addition, the contractor personnel skill sets shall demonstrate strong communications and interpersonal skills.
The PM shall also:
Ensure completion and timely delivery of required contract reports. Communicate to the COR as appropriate, via email, telephone, fax or letter regarding contractual matters.
Schedule OD requests as needed. Calls for OD services not scheduled in advance and requests for OD services can be sporadic, with many requests over a short period of time or intervals where little or no activity takes place. When offices need OD services, it is generally on a short turn-around time, sometimes immediately but usually within a week of this call for assistance. It is not possible, therefore, to establish a time schedule for OD interventions. The contractors schedule shall allow for flexibility of scheduling so that when the requests are made, the services can be provided.
Schedule additional OD interventions for the Technical Training Center, and Regional offices, or other specified location upon request from the COR. Such scheduling includes clearing the instructor and advising the COR that the instructor has been confirmed to conduct the session.
The PM shall, at a minimum, have a Bachelors degree and previous experience, with project management, control, coordination, and scheduling.
C.14 Contractor Travel Contractor will be authorized travel expenses consistent with the Federal Travel Regulation (FTR) and the limitation of funds specified in the travel line item of this contract/order. The NRC will not reimburse for travel to and from NRC Headquarters White Flint Complex. As specified in section C.9 of this SOW, consultants may be authorized travel to regional offices, or the TTC. Work at these locations will be specified in each individual client TO. All travel submitted by the contractor for reimbursement shall be included in the monthly invoice detailed receipts of all expenses. All travel requires prior written Government approval from the CO, unless otherwise delegated to the COR.
C.15 Data Rights The NRC shall have unlimited rights to and ownership of all deliverables provided under this contract/order, including reports, recommendations, briefings, work plans and all other deliverables. All documents and materials, to include the source codes of any software, produced under this contract/order are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.
31310019D0003 Page 18 These documents and materials may not be used or sold by the contractor without prior written authorization from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
C.16 Incremental Development for Software N/A C.17 Section 508 - Information and Communication Technology Accessibility N/A C.18 Applicable Publications (Current Editions)
N/A
31310019D0003 Page 19 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 the Chief Human Capital Officer, under Contract/order number 31310019D0003.
(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: N/A.
(End of Clause)
31310019D0003 Page 20 SECTION E - Inspection and Acceptance E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)
31310019D0003 Page 21 SECTION F - Deliveries or Performance F.1 PERIOD OF PERFORMANCE ALTERNATE IV The ordering period for this contract shall commence on July 01, 2019 and will expire on June 30, 2020. Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein. (See 52.216 Ordering.) The term of this contract may be extended at the option of the Government for an additional four (4) one-year option periods.
Base Period:
July 01, 2019 - June 30, 2020 Option Period(s):
Option Year 1: July 01, 2020 - June 30, 2021 Option Year 2: July 01, 2021 - June 30, 2022 Option Year 3: July 01, 2022 - June 30, 2023 Option Year 4: July 01, 2023 - June 30, 2024 (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 Officers Representative (COR):
Jason Lising U.S. Nuclear Regulatory Commission 11545 Rockville Pike; M/S: T-3B3A Rockville, MD 20852 b.
Contracting Officer (CO):
Jennifer A. Dudek U.S. Nuclear Regulatory Commission 11545 Rockville Pike; M/S: T-7B20 Rockville, MD 20852 (End of Clause)
31310019D0003 Page 22 SECTION G - Contract Administration Data G.1 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.
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)
31310019D0003 Page 23 SECTION H - Special Contract Requirements H.1 2052.204-70 SECURITY. (OCT 1999)
(a) Security/Classification Requirements Form. The attached NRC Form 187 (See List of Attachments) furnishes the basis for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractual relationship that requires access to classified information or matter, access on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.
(b) It is the contractor's duty to safeguard National Security Information, Restricted Data, and Formerly Restricted Data. The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding National Security Information, Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract upon completion or termination of this contract.
(1) The contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained if the retention is:
(i) Required after the completion or termination of the contract; and (ii) Approved by the contracting officer.
(2) The certification must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.
(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. The contractor agrees to hold the information in confidence and not to directly or indirectly duplicate, disseminate, or disclose the information, in whole or in part, to any other person or organization except as necessary to perform the work under this contract. The contractor agrees to return the information to the Commission or otherwise dispose of it at the direction of the contracting officer. Failure to comply with this clause is grounds for termination of this contract.
(d) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Facilities and Security and the Contracting Officer. These changes will be under the authority of the FAR Changes clause referenced in Section I of this document.
(e) Definition of National Security Information. As used in this clause, the term National Security Information means information that has been determined pursuant to Executive Order 12958 or any predecessor order to require protection against unauthorized disclosure and that is so designated.
(f) Definition of Restricted Data. As used in this clause, the term Restricted Data means all data concerning design, manufacture, or utilization of atomic weapons; the production of special nuclear material; or the use of
31310019D0003 Page 24 special nuclear material in the production of energy, but does not include data declassified or removed from the Restricted Data category under to Section 142 of the Atomic Energy Act of 1954, as amended.
(g) Definition of Formerly Restricted Data. As used in this clause the term Formerly Restricted Data means all data removed from the Restricted Data category under Section 142-d of the Atomic Energy Act of 1954, as amended.
(h) Security clearance personnel. The contractor may not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required. The contractor shall also execute a Standard Form 312, Classified Information Nondisclosure Agreement, when access to classified information is required.
(i) Criminal liabilities. Disclosure of National Security Information, Restricted Data, and Formerly Restricted Data relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the contractor or any person under the contractor's control in connection with work under this contract, may subject the contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States.
(See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12958.)
(j) Subcontracts and purchase orders. Except as otherwise authorized, in writing, by the contracting officer, the contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.
(k) In performing contract work, the contractor shall classify all documents, material, and equipment originated or generated by the contractor in accordance with guidance issued by the Commission. Every subcontract and purchase order issued under the contract that involves originating or generating classified documents, material, and equipment must provide that the subcontractor or supplier assign the proper classification to all documents, material, and equipment in accordance with guidance furnished by the contractor.
(End of Clause)
H.2 2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993)
During the life of this contract, the rights of ingress and egress for contractor personnel must be made available as required. In this regard, all contractor personnel whose duties under this contract require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the Government. The Project Officer shall assist the contractor in obtaining the badges for contractor personnel. It is the sole responsibility of the contractor to ensure that each employee has proper identification at all times. All prescribed identification must be immediately delivered to the Security Office for cancellation or disposition upon the termination of employment of any contractor personnel. Contractor personnel shall have this identification in their possession during on-site performance under this contract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessary for performance of contract work and to assure the safeguarding of any Government records or data that contractor personnel may come into contact with.
(End of Clause)
H.3 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:
31310019D0003 Page 25 (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 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
31310019D0003 Page 26 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.
(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.
31310019D0003 Page 27 (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.4 2052.215-70 KEY PERSONNEL. (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work hereunder:
Senior OD Consultant/Executive Coach:
Junior OD Consultant:
Project Manager (PM):
- 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
31310019D0003 Page 28 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.5 2052.215-71 CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY. (OCT 1999) ALTERNATE I (OCT 1999)
(a) The contracting officer's authorized representative (hereinafter referred to as the COR) for this contract is:
Name:
Jason Lising Address:
U.S. Nuclear Regulatory Commission Office of the Chief Human Capital Officer M/S: T-3B3A Washington, DC 20555 Telephone Number:
301-287-0569 Email:
Jason.Lising@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)
H.6 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT. (OCT 1999)
(a) 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 before beginning travel.
(b) The contractor must receive written approval from the NRC Project Officer before taking travel that 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).
(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.
31310019D0003 Page 29 (d) It is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations of Cost clause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor to exceed the estimated costs specified in the Schedule.
(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)
H.7 2052.216-72 TASK ORDER PROCEDURES. (OCT 1999)
(a) Task order request for proposal. When a requirement within the scope of work for this contract is identified, the contracting officer shall transmit to the contractor a Task Order Request for Proposal (TORFP) which may include the following, as appropriate:
(1) Scope of work/meetings/travel and deliverables; (2) Reporting requirements; (3) Period of performance - place of performance; (4) Applicable special provisions; (5) Technical skills required; and (6) Estimated level of effort.
(b) Task order technical proposal. By the date specified in the TORFP, the contractor shall deliver to the contracting officer a written or verbal (as specified in the TORFP technical proposal submittal instructions) technical proposal that provides the technical information required by the TORFP.
(c) Cost proposal. The contractor's cost proposal for each task order must be fully supported by cost and pricing data adequate to establish the reasonableness of the proposed amounts. When the contractor's estimated cost for the proposed task order exceeds $100,000 and the period of performance exceeds six months, the contractor may be required to submit a Contractor Spending Plan (CSP) as part of its cost proposal. The TORP indicates if a CSP is required.
(d) Task order award. The contractor shall perform all work described in definitized task orders issued by the contracting officer. Definitized task orders include the following:
(1) Statement of work/meetings/travel and deliverables; (2) Reporting requirements; (3) Period of performance; (4) Key personnel; (5) Applicable special provisions; and
31310019D0003 Page 30 (6) Total task order amount including any fixed fee.
(End of Clause)
H.8 2052.216-73 ACCELERATED TASK ORDER PROCEDURES. (JAN 1993)
(a) The NRC may require the contractor to begin work before receiving a definitized task order from the contracting officer. Accordingly, when the contracting officer verbally authorizes the work, the contractor shall proceed with performance of the task order subject to the monetary limitation established for the task order by the contracting officer.
(b) When this accelerated procedure is employed by the NRC, the contractor agrees to begin promptly negotiating with the contracting officer the terms of the definitive task order and agrees to submit a cost proposal with supporting cost or pricing data. If agreement on a definitized task order is not reached by the target date mutually agreed upon by the contractor and contracting officer, the contracting officer may determine a reasonable price and/or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subject to contractor appeal as provided in 52.233-1, Disputes. In any event, the contractor shall proceed with completion of the task order subject only to the monetary limitation established by the contracting officer and the terms and conditions of the basic contract.
(End of Clause)
H.9 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.10 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,
31310019D0003 Page 31 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 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
31310019D0003 Page 32 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.
(End of Clause)
H.11 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (OCT 2014)
All contractor employees, subcontractor employees, applicants, and consultants proposed for performance or performing under this contract shall be subject to pre-assignment, random, reasonable suspicion, and post-accident drug testing applicable to: (1) individuals who require unescorted access to nuclear power plants, (2) individuals who have access to classified or safeguards information, (3) individuals who are required to carry firearms in performing security services for the NRC, (4) individuals who are required to operate government vehicles or transport passengers for the NRC, (5) individuals who are required to operate hazardous equipment at NRC facilities, or (6) individuals who admit to recent illegal drug use or those who are found through other means to be using drugs illegally.
The NRC Drug Program Manager will schedule the drug testing for all contractor employees, subcontractor employees, applicants, and consultants who are subject to testing under this clause. The consequences of refusing to undergo drug testing or a refusal to cooperate in such testing, including not appearing at the scheduled appointment time, will result in the Agencys refusal of the contractor employee to work under any NRC contract. Any NRC contractor employee found to be using, distributing or possessing illegal drugs, or any contractor employee who fails to receive a verified negative drug test result under this program while in a duty status will immediately be removed from working under the NRC contract. The contractor's employer will be notified of the denial or revocation of the individual's authorization to have access to information and ability to perform under the contract. The individual may not work on any NRC contract for a period of not less than one year from the date of the failed, positive drug test and will not be considered for reinstatement unless evidence of rehabilitation, as determined by the NRC "drug testing contractor's" Medical Review Officer, is provided.
Contractor drug testing records are protected under the NRC Privacy Act Systems of Records, System 35, "Drug Testing Program Records - NRC" found at: http://www.nrc.gov/reading-rm/foia/privacy-systems.html H.12 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (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
31310019D0003 Page 33 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.
(End of Clause)
H.13 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS NRC contractors are responsible to ensure that their alien personnel are not in violation of United States immigration laws and regulations, including employment authorization documents and visa requirements. Each alien employee of the Contractor must be lawfully admitted for permanent residence as evidenced by Permanent Resident Form I-551 (Green Card), or must present other evidence from the U.S. Department of Homeland Security/U.S. Citizenship and Immigration Services that employment will not affect his/her immigration status. The U.S. Citizenship and Immigration Services provides information to contractors to help them understand the employment eligibility verification process for non-US citizens. This information can be found on their website, http://www.uscis.gov/portal/site/uscis.
The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or its equipment/services, and/or take any number of contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.
(End of Clause)
H.14 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance 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 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
31310019D0003 Page 34 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)
H.15 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (SEP 2013)
The Contractor shall ensure that all its employees, subcontractor employees or consultants who are assigned to perform the work herein for contract performance for periods of more than 30 calendar days at NRC facilities, are approved by the NRC for unescorted NRC building access.
The Contractor shall conduct a preliminary federal facilities security screening interview or review for each of its employees, subcontractor employees, and consultants and submit to the NRC only the names of candidates for contract performance that have a reasonable probability of obtaining approval necessary for access to NRC's federal facilities. The Contractor shall pre-screen its applicants for the following:
(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of any military courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7) years.
The Contractor shall make a written record of its pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (e)), and have the applicant verify the pre-screening record or review, sign and date it. Two (2) copies of the pre-screening signed record or review shall be supplied to the Division of Facilities and Security, Personnel Security Branch (DFS/PSB) with the Contractor employee's completed building access application package.
The Contractor shall further ensure that its employees, any subcontractor employees and consultants complete all building access security applications required by this clause within fourteen (14) calendar days of notification by DFS/PSB of initiation of the application process. Timely receipt of properly completed records of the Contractor's signed pre-screening record or review and building access security applications (submitted for candidates that have a reasonable probability of obtaining the level of access authorization necessary for access to NRC's facilities) is a contract requirement. Failure of the Contractor to comply with this contract administration requirement may be a basis to cancel the award, or terminate the contract for default, or offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the Contractor. In the event of cancellation or termination, the NRC may select another firm for contract award.
A Contractor, subcontractor employee or consultant shall not have access to NRC facilities until he/she is approved by DFS/PSB. Temporary access may be approved based on a favorable NRC review and discretionary determination of their building access security forms. Final building access will be approved based on favorably adjudicated checks by the Government. However, temporary access approval will be revoked and the Contractor's employee may subsequently be denied access in the event the employee's investigation cannot be favorably determined by the NRC. Such employee will not be authorized to work under any NRC contract requiring building access without the approval of DFS/PSB. When an individual receives final access, the individual will be subject to a review or reinvestigation every five (5) or ten (10) years, depending on their job responsibilities at the NRC.
The Government shall have and exercise full and complete control and discretion over granting, denying, withholding, or terminating building access approvals for individuals performing work under this contract.
Individuals performing work under this contract at NRC facilities for a period of more than 30 calendar days shall be required to complete and submit to the Contractor representative an acceptable OPM Standard Form
31310019D0003 Page 35 85 (Questionnaire for Non-Sensitive Positions), and two (2) FD 258 (Fingerprint Charts). Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than five (5) years residency in the U.S. will not be approved for building access. The Contractor shall submit the documents to the NRC Contracting Officers Representative (COR) who will give them to DFS/PSB.
DFS/PSB may, among other things, grant or deny temporary unescorted building access approval to an individual based upon its review of the information contained in the OPM Standard Form 85 and the Contractor's pre-screening record. Also, in the exercise of its authority, the Government may, among other things, grant or deny permanent building access approval based on the results of its review or investigation.
This submittal requirement also applies to the officers of the firm who, for any reason, may visit the NRC work sites for an extended period of time during the term of the contract. In the event that DFS/PSB are unable to grant a temporary or permanent building access approval, to any individual performing work under this contract, the Contractor is responsible for assigning another individual to perform the necessary function without any delay in the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. The Contractor is responsible for informing those affected by this procedure of the required building access approval process (i.e., temporary and permanent determinations), and the possibility that individuals may be required to wait until permanent building access approvals are granted before beginning work in NRC's buildings.
CANCELLATION OR TERMINATION OF BUILDING ACCESS/ REQUEST The Contractor shall immediately notify the COR when a Contractor or subcontractor employee or consultant's need for NRC building access approval is withdrawn or the need by the Contractor employee's for building access terminates. The COR will immediately notify DFS/PSB (via e-mail) when a Contractor employee no longer requires building access. The Contractor shall be required to return any NRC issued badges to the COR for return to DFS/FSB (Facilities Security Branch) within three (3) days after their termination.
(End of Clause)
31310019D0003 Page 36 SECTION I - Contract Clauses I.1 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): https://www.acquisition.gov/browse/index/far (End of clause) 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014) 52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014) 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014) 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014) 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (OCT 2010) 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS. (OCT 2016) 52.203-14 DISPLAY OF HOTLINE POSTER(S). (OCT 2015) 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014) 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (OCT 2009) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. (AUG 2011) 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008) 52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014) 52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014) 52.232-25 PROMPT PAYMENT. (JAN 2017) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013) 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JAN 2019)
I.2 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018) - ALTERNATE I (JAN 2017)
(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.
(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.
31310019D0003 Page 37 (4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]
(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Terminate this contract for cause.
(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.
(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.
(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.
(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
31310019D0003 Page 38 (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-(A) Performed by the contractor; (B) Performed by the subcontractors; or (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
(iii) Materials means-(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);
(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and (E) Indirect costs specifically provided for in this clause.
(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity,
31310019D0003 Page 39 fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-(i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
31310019D0003 Page 40 (i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:
(i) Hourly rate.
(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed.
Fractional parts of an hour shall be payable on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.
(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.
(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.
(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.
(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.
(ii) Materials.
(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-(1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements.
(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any
31310019D0003 Page 41 rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.
(C) To the extent able, the Contractor shall-(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and (2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.
(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.
(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc.
Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'".]
(2) Indirect Costs (Material Handling, Subcontract Administration, etc.).
The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule.
Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')."]
(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor
31310019D0003 Page 42 shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.
(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.
(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):
(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract; (ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-(A) The original timecards (paper-based or electronic);
(B) The Contractor's timekeeping procedures; (C) Contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.
(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-(A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices.
(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check.
If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-
31310019D0003 Page 43 (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
31310019D0003 Page 44 (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.
(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.
(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.
(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.
(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.
(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned,
31310019D0003 Page 45 payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon written request, with adequate assurances of future performance. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i) Payments of this clause, but the "hourly rate" for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (a)(4) of this clause, the portion of the "hourly rate" attributable to profit shall be 10 percent. In the event of termination for cause, the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
31310019D0003 Page 46 (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.
(t) Removed and reserved.
(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
I.3 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:
31310019D0003 Page 47 (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).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C.
3509).
[ ] (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.)
[X] (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).
[ ] (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.
31310019D0003 Page 48
[ ] (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)).
[ ] (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.
[ ] (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)).
[ ] (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).
31310019D0003 Page 49
[X] (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.
[X] (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.
[X] (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.
[ ] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (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).
[ ] (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.
31310019D0003 Page 50
[ ] (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.
[ ] (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).
[ ] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (ii) Alternate I (JAN 2017) of 52.224-3.
[ ] (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).
[ ] (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)).
31310019D0003 Page 51
[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).
[ ] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ] (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)).
[ ] (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.)
[X] (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).
31310019D0003 Page 52 (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.
(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.
(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).
31310019D0003 Page 53 (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) [X] (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.
(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)
31310019D0003 Page 54 I.4 52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the covered period of performance of this contract.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
I.5 52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the micro-purchase threshold, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-(1) Any order for a single item in excess of the contract ceiling; (2) Any order for a combination of items in excess of the contract ceiling; or (3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
I.6 52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.
31310019D0003 Page 55 (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months after the expiration date of the base award.
(End of clause)
I.7 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM. (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
I.8 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 of the contract expiration.
(End of clause)
I.9 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 within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. 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 5 years, 6 months.
(End of clause)
I.10 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS. (JAN 2017)
The Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
31310019D0003 Page 56 (b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.
(c) Except for novation agreements, delegates to the U.S. Nuclear Regulatory Commission the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the U.S. Nuclear Regulatory Commission shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.
(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the U.S. Nuclear Regulatory Commission.
(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the Disputes clause of said subcontract.
(f) To notify the U.S. Nuclear Regulatory Commission Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.
(End of clause)
I.11 52.219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 2017)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Applicability. This clause applies only to--
(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants; (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and (3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.
(End of clause)
31310019D0003 Page 57 I.12 52.219-17 SECTION 8(A) AWARD. (JAN 2017)
(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:
(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
(2) Except for novation agreements, delegates to the U.S. Nuclear Regulatory Commission the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.
(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.
(4) To notify the U.S. Nuclear Regulatory Commission Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.
(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.
(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.
(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the U.S. Nuclear Regulatory Commission.
(End of clause)
31310019D0003 Page 58 SECTION J - List of Documents, Exhibits and Other Attachments Attachment Number Title Date 1
NRC Form 187 - CONTRACT SECURITY AND/OR CLASSIFICATION REQUIREMENTS APRIL 2019 2
BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS AUGUST 2017 3
DELIVERY ORDER FORM N/A
31310019D0003 ATTACHMENT 1-NRC FORM 187 Page 59
31310019D0003 ATTACHMENT 1-NRC FORM 187 Page 60
31310019D0003 ATTACHMENT 1-NRC FORM 187 Page 61
31310019D0003 ATTACHMENT 1-NRC FORM 187 Page 62
31310019D0003 ATTACHMENT 2 Version Control Date: August 16, 2017 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)
Page 63 General: During performance and through final payment of this contract, the contractor is responsible for the accuracy and completeness of data within the System for Award Management (SAM) database and the Invoice Processing Platform (IPP) system and for any liability resulting from the Governments reliance on inaccurate or incomplete SAM and/or IPP data.
The contractor shall prepare invoices/vouchers for payment of deliverables identified in the contract, in the manner described herein. FAILURE TO SUBMIT INVOICES/VOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICE/VOUCHER AS IMPROPER.
Electronic Invoice/Voucher Submissions: Invoices/vouchers shall be submitted electronically to the U.S.
Nuclear Regulatory Commission (NRC) is through the Invoice Processing Platform (IPP) at www.ipp.gov.
Purchase of Capital Property: ($50,000 or more with life of one year or longer)
Contractors must report to the Contracting Officer, electronically, any capital property acquired with contract funds having an initial cost of $50,000 or more, in accordance with procedures set forth in NRC Management Directive (MD) 11.1, NRC Acquisition of Supplies and Services.
Agency Payment Office: Payment will be made by the office designated in the contract in Block 12 of the Standard Form 26, or Block 25 of the Standard Form 33, whichever is applicable.
Frequency: The contractor shall submit claims for reimbursement once each month, unless otherwise authorized by the Contracting Officer.
Supporting Documentation: Any supporting documentation required to substantiate the amount billed shall be included as an attachment to the invoice created in IPP. If the necessary supporting documentation is not included, the invoice will be rejected.
Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task order with detailed cost information included as Supporting Documentation. This includes all applicable cost elements and other items discussed in paragraphs (a) through (j) of the attached instructions.
Billing of Costs after Expiration of Contract: If costs are incurred during the contract period and claimed after the contract has expired, you must cite the period during which these costs were incurred. To be considered a proper expiration invoice/voucher, the contractor shall clearly mark it "EXPIRATION INVOICE" or EXPIRATION VOUCHER".
Final invoices/vouchers shall be marked "FINAL INVOICE" or "FINAL VOUCHER".
Currency: Invoices/Vouchers must be expressed in U.S. Dollars.
Supersession: These instructions supersede previous Billing Instructions for Time-and-Materials/Labor-Hour Type Contracts (JAN 2015).
Does my company need to register in IPP?
31310019D0003 ATTACHMENT 2 Version Control Date: August 16, 2017 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)
Page 64 If your company is currently registered in IPP and doing business with other Federal Agencies in IPP, you will not be required to re-register.
If your company is not currently registered in IPP, please note the following:
You will be receiving an invitation to register for IPP from IPP Customer Support, STLS.IPPHELPDESK@stls.frb.org.
IPP Customer Support will send you two emails: the first email will contain the initial administrative IPP User ID and the second email, sent within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of receipt of the first email, will contain a temporary password.
Please add the Customer Support email address (STLS.IPPHELPDESK@stls.frb.org) to your address book so you do not disregard these emails or mistake them for spam.
During registration, one initial administrative user account will be created for your company and this user will be responsible for setting up all other user accounts including other administrators.
Registration is complete when the initial administrative user logs into the IPP web site with the User ID and password provided by Treasury and accepts the rules of behavior.
What type of is training provided?
Vendor training materials, including a first time login tutorial, user guides, a quick reference guide, and frequently asked questions are available on Treasurys IPP. Individuals within your company responsible for submitting invoices should review these materials before work begins on the contract.
How do I receive assistance with IPP?
Treasurys IPP Customer Support team provides vendor assistance related to the IPP application, and is also available to assist IPP users and to answer any questions related to accessing IPP or completing the registration process. IPP application support is also available via phone at (866) 973-3131, Monday through Friday from 8:00 am to 6:00 pm ET, and via email at IPPCustomerSupport@fiscal.treasury.gov.
Specific questions regarding your contract or task order should be directed to the appropriate NRC Contracting Officer.
INVOICE/VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT - INVOICE ATTACHMENT) a.
Billing period. Insert the beginning and ending dates (day, month, year) of the period during which costs were incurred and for which reimbursement is requested.
b.
Labor Hours Expended. Provide a general summary description of the services performed and associated labor hours utilized during the invoice period. Specify the Contract Line Item Number (CLIN) or SubCLIN, as applicable, and information pertaining to the contracts labor categories/positions, and corresponding authorized hours.
31310019D0003 ATTACHMENT 2 Version Control Date: August 16, 2017 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)
Page 65 c.
Property. For contractor acquired property, list each item with an initial acquisition cost of $50,000 or more and provide: (1) an item description, (2) manufacturer, (3) model number, (4) serial number, (5) acquisition cost, (6) date of purchase, and (7) a copy of the purchasing document.
d.
Shipping. Insert weight and zone of shipment, if shipped by parcel post.
e.
Charges for freight or express shipments. Attach prepaid bill if shipped by freight or express.
f.
Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.
g.
Direct Costs. Insert the amount billed for the following cost elements, adjustments, suspensions, and total amounts, for both the current billing period and for the cumulative period (from contract inception to end date of this billing period).
1.
Direct (Burdened) Labor. This consists of salaries and wages paid (or accrued) for direct performance of the contract itemized, including a burden (or load) for indirect costs (i.e., fringe, overhead, General and Administrative, as applicable), and profit component, as follows:
Labor Hours Burdened Cumulative Category Billed Hourly Rate Total Hours Billed 2.
Contractor-acquired property ($50,000 or more). List each item costing $50,000 or more and having a life expectancy of more than one year. List only those items of equipment for which reimbursement is requested. For each such item, list the following (as applicable): (a) an item description, (b) manufacturer, (c) model number, (d) serial number, (e) acquisition cost, (f) date of purchase, and (g) a copy of the purchasing document.
3.
Contractor-acquired property (under $50,000), Materials, and Supplies. These are equipment other than that described in (2) above, plus consumable materials and supplies. List by category. List items valued at $1,000 or more separately. Provide the item number for each piece of equipment valued at
$1,000 or more.
4.
Materials Handling Fee. Indirect costs allocated to direct materials in accordance the contractors usual accounting procedures.
5.
Consultant Fee. The supporting information must include the name, hourly or daily rate of the consultant, and reference the NRC approval (if not specifically approved in the original contract).
6.
Travel. Total costs associated with each trip must be shown in the following format:
31310019D0003 ATTACHMENT 2 Version Control Date: August 16, 2017 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)
Page 66 Start Date Destination Costs From To From To (Must include separate detailed costs for airfare, per diem, and other transportation expenses. All costs must be adequately supported by copies of receipts or other documentation.)
7.
Subcontracts. Include separate detailed breakdown of all costs paid to approved subcontractors during the billing period.
h.
Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.
i.
Adjustments. Insert columns for any adjustments, including outstanding suspensions for unsupported or unauthorized hours or costs, for the current and cumulative periods.
j.
Grand Totals.
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Page 67
- 3. Sample Invoice/Voucher Information (to be included as an attachment)
Sample Invoice/Voucher Information (Supporting Documentation must be attached)
This invoice/voucher represents reimbursable costs for the billing period from ___through.
Amount Billed Current Period Cumulative (a) Direct Costs (1)
Direct burdened labor (2)
Government property ($50,000 or more)
(3)
Government property, Materials, and Supplies (under $50,000 per item)
(4)
Materials Handling Fee (5)
Consultants Fee (6)
Travel (7)
Subcontracts Total Direct Costs:
(b)
Total Amount Billed (c)
Adjustments (+/-)
(d)
Grand Total (The invoice/voucher format provided above must include information similar to that included below in the following to ensure accuracy and completeness.)
SAMPLE SUPPORTING INFORMATION The budget information provided below is for format purposes only and is illustrative.
Cost Elements:
1)
Direct Burdened Labor - $4,800 Labor Hours Burdened Cumulative Category Billed Rate Total Hours Billed Senior Engineer I 100
$28.00
$2,800 975 Engineer 50
$20.00
$1,000 465 Computer Analyst 100
$10.00
$1,000 320
$4,800 1,760 hrs.
31310019D0003 ATTACHMENT 2 Version Control Date: August 16, 2017 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)
Page 68 Burdened labor rates must come directly from the contract.
2)
Government-furnished and contractor-acquired property ($50,000 or more) - $60,000 Prototype Spectrometer - item number 1000-01 = $60,000 3)
Government-furnished and contractor-acquired property (under $50,000), Materials, and Supplies - $2,000 10 Radon tubes @ $110.00
= $1,100 6 Pairs Electrostatic gloves @ $150.00
= $ 900
$2,000 4)
Materials Handling Fee - $40 (2% of $2,000 in item #3) 5)
Consultants' Fee - $100 Dr. Carney - 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> fully-burdened @ $100 = $100 6)
Travel - $2,640 (i)
Airfare: (2 Roundtrip trips for 1 person @ $300 per r/t ticket)
Start Date End Date Days From To Cost 4/1/2011 4/7/2011 7
Philadelphia, PA Wash, D.C.
$300 7/1/2011 7/8/2011 8
Philadelphia, PA Wash, D.C.
$300 (ii)
Per Diem: $136/day x 15 days = $2,040 7)
Subcontracting - $30,000 Company A
= $10,000 Company B
= $20,000
$30,000 (EX: Subcontracts for Companies A & B were consented to by the Contracting Officer by letter dated 6/15/2011.)
Total Amount Billed
$99,580 Adjustments (+/-)
- 0 Grand Total
$99,580
- 4. Definitions
31310019D0003 ATTACHMENT 2 Version Control Date: August 16, 2017 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)
Page 69 Material handling costs. When included as part of material costs, material handling costs shall include only costs clearly excluded from the labor-hour rate. Material handling costs may include all appropriate indirect costs allocated to direct materials in accordance with the contractor's usual accounting procedures.
31310019D0003 ATTACHMENT 3 - DELIVERY ORDER FORM Page 70 US Nuclear Regulatory Commission DELIVERY ORDER FORM Contract No. 31310019D0003
- 1. Date
- 2. Delivery Order Number
- 3. Delivery Order Title
- 4. NRC Contracting Officers Representative
- 5. E-mail Address
- 6. Phone Number
- 7. Contractor Point of Contact
- 8. E-mail Address
- 9. Phone Number NRC Provided Materials
- 10. Documents/Materials Provided Please see attached Delivery Order Statement of Work Delivery Order Schedule
- 11. Required Task Completion Date
- 12. Deliverable Due Dates
- 13. CLIN
- 14. Price (per contract schedule of supplies/services)
Task:
Start:
Complete:
Task:
Start:
Complete:
Task:
Start:
Complete:
- 15. Total Cost $
Acknowledgment and Acceptance of Delivery Order Signature and Title - Contractor Date Signature - NRC Contracting Officers Representative Date