ML19354C277
ML19354C277 | |
Person / Time | |
---|---|
Issue date: | 02/27/2015 |
From: | Eam E Acquisition Management Division |
To: | Oak Ridge Associated Universities |
References | |
GS10F0176V | |
Download: ML19354C277 (75) | |
Text
1. REQUISITION NUMBER PAGE OF SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 OCHCO-15-0006 1 77
- 2. CONTRACT NO. 3. AWARD/ 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION GS10F0176V EFFECTIVE DATE NRC-HQ-84-15-R-0002 ISSUE DATE NRC-HQ-84-15-T-0001 02/05/2015
- 7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/LOCAL TIME INFORMATION CALL: DANIEL APP 301-415-6985
- 9. ISSUED BY CODE NRCHQ 10. THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE: % FOR:
WOMEN-OWNED SMALL BUSINESS US NRC - HQ SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED ACQUISITION MANAGEMENT DIVISION HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 541620 BUSINESS EDWOSB MAIL STOP 3WFN-05-C64MP SERVICE-DISABLED 8(A)
WASHINGTON DC 20555-0001 VETERAN-OWNED SIZE STANDARD: $15.0 SMALL BUSINESS
- 11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS 13a. THIS CONTRACT IS A MARKED RATED ORDER UNDER
- 14. METHOD OF SOLICITATION SEE SCHEDULE DPAS (15 CFR 700)
RFQ IFB RFP
- 15. DELIVER TO CODE 16. ADMINISTERED BY CODE NRCHQ US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP 3WFN-05-C64MP WASHINGTON DC 20555-0001 17a. CONTRACTOR/ CODE 041152224 FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE NRCPAYMENTS OFFEROR OAK RIDGE ASSOCIATED UNIVERSITIES INCORPORATED US NUCLEAR REGULATORY COMMISSION OAK RIDGE OFFICE ONE WHITE FLINT NORTH PO BOX 117 11555 ROCKVILLE PIKE OAK RIDGE TN 378306218 MAILSTOP O3-E17A ROCKVILLE MD 20852-2738 TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM
- 19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT The purpose of this contract is to provide Health Physics Training and support in using and maintaining the Technical Training Center laboratory.
Period of Performance: 03/01/2015 to 02/29/2020 (Use Reverse and/or Attach Additional Sheets as Necessary)
- 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 2015-X0200-FEEBASED-84-84D003-34-N-157-1200-251F $7,302,468.90 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 29. AWARD OF CONTRACT: REF. OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED ERIKA EAM 02/27/2015 AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
2 of 77
- 19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
- 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR COMPLETE PARTIAL FINAL PARTIAL FINAL
- 38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location) 42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS STANDARD FORM 1449 (REV. 2/2012) BACK
GS10F0176V NRC-HQ-84-15-T-0001 SECTION B - Supplies or Services/Prices..4 SECTION C - Statement of Work8 SECTION D - Packaging and Marking..21 SECTION E - Inspection and Acceptance22 SECTION F - Deliveries or Performance..25 SECTION G - Contract Administration Data26 SECTION H - Special Contract Requirements27 SECTION I - Contract Clauses......39 SECTION J - List of Documents, Exhibits and Other Attachments.60 3 of 77
GS10F0176V NRC-HQ-84-15-T-0001 SECTION B - Supplies or Services/Prices B.1 NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION (a) The title of this project is: Health Physics Training B.2 COST/PRICE SCHEDULE Base Year: 03/01/2015 - 02/29/2016 Clin Course Title Est. Quantity Fix Unit Total Cost Each Price 0001 Environmental Monitoring H-111 2 0002 Characterization and Planning for 2 Decommissioning H-115 0003 Air Sampling for Radioactive 1 Materials H-119 0004 MARSAME H-120 1 0005 MARSSIM H-121 2 0006 Fundamental Health Physics H-122 1 0007 Intermediate Health Physics H-123 2 0008 Internal Dosimetry H-312 1 0009a Development - Health Physics 1 Topical H-401 0009b Presentation - Health Physics 5 Topical H-401 0010 Health Physics for Uranium 1 Recovery F-104 Clin Course Title Est. Quantity Labor Hr Total Cost Hours Unit Price 0011 Technical Support 1120 0012 E-Learning and Blended Learning 24 Development (Level 2)
Total Base Year Price: $
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GS10F0176V NRC-HQ-84-15-T-0001 Option Year 1: 03/01/2016 - 02/28/2017 Clin Course Title Est. Quantity Fix Unit Total Cost Each Price 1001 Environmental Monitoring H-111 2 1002 Characterization and Planning for 2 Decommissioning H-115 1003 Air Sampling for Radioactive 1 Materials H-119 1004 MARSAME H-120 1 1005 MARSSIM H-121 2 1006 Fundamental Health Physics H-122 1 1007 Intermediate Health Physics H-123 2 1008 Internal Dosimetry H-312 1 1009a Development - Health Physics 1 Topical H-401 1009b Presentation - Health Physics Topical 5 H-401 1010 Health Physics for Uranium Recovery 1 F-104 Clin Course Title Est. Quantity Labor Hr Total Cost Hours Unit Price 1011 Technical Support 1120 1012 E-Learning and Blended Learning 24 Development (Level 2)
Total Option Year 1 Price: $
Option Year 2: 03/01/2017 - 02/28/2018 Clin Course Title Est. Quantity Fix Unit Total Cost Each Price 2001 Environmental Monitoring H-111 2 2002 Characterization and Planning for 2 Decommissioning H-115 2003 Air Sampling for Radioactive 1 Materials H-119 2004 MARSAME H-120 1 2005 MARSSIM H-121 2 2006 Fundamental Health Physics H-122 1 2007 Intermediate Health Physics H-123 2 2008 Internal Dosimetry H-312 1 2009a Development - Health Physics 1 Topical H-401 2009b Presentation - Health Physics Topical 5 H-401 5 of 77
GS10F0176V NRC-HQ-84-15-T-0001 2010 Health Physics for Uranium Recovery 1 F-104 Clin Course Title Est. Quantity Labor Hr Total Cost Hours Unit Price 2011 Technical Support 1120 2012 E-Learning and Blended Learning 24 Development (Level 2)
Total Option Year 2 Price: $
Option Year 3: 03/01/2018 - 02/28/2019 Clin Course Title Est. Quantity Fix Unit Total Cost Each Price 3001 Environmental Monitoring H-111 2 3002 Characterization and Planning for 2 Decommissioning H-115 3003 Air Sampling for Radioactive 1 Materials H-119 3004 MARSAME H-120 1 3005 MARSSIM H-121 2 3006 Fundamental Health Physics H-122 1 3007 Intermediate Health Physics H-123 2 3008 Internal Dosimetry H-312 1 3009a Development - Health Physics 1 Topical H-401 3009b Presentation - Health Physics Topical 5 H-401 3010 Health Physics for Uranium Recovery 1 F-104 Clin Course Title Est. Quantity Labor Hr Total Cost Hours Unit Price 3011 Technical Support 1120 3012 E-Learning and Blended Learning 24 Development (Level 2)
Total Option Year 3 Price: $
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GS10F0176V NRC-HQ-84-15-T-0001 Option Year 4: 03/01/2019 - 02/29/2020 Clin Course Title Est. Quantity Fix Unit Total Cost Each Price 4001 Environmental Monitoring H-111 2 4002 Characterization and Planning for 2 Decommissioning H-115 4003 Air Sampling for Radioactive 1 Materials H-119 4004 MARSAME H-120 1 4005 MARSSIM H-121 2 4006 Fundamental Health Physics H-122 1 4007 Intermediate Health Physics H-123 2 4008 Internal Dosimetry H-312 1 4009a Development - Health Physics 1 Topical H-401 4009b Presentation - Health Physics Topical 5 H-401 4010 Health Physics for Uranium Recovery 1 F-104 Clin Course Title Est. Quantity Labor Hr Total Cost Hours Unit Price 4011 Technical Support 1120 4012 E-Learning and Blended Learning 24 Development (Level 2)
Total Option Year 4 Price: $
CLIN Description Unit Total Amount Travel For Base and All Options 4013 Travel Costs - The government will pay up to the rates specified NTE $300,000 in the Government Federal Travel Regulations (FTR) for travel destinations. Hotel reservations will be made by the contractor and will be reimbursed for actual costs only, with back up documentation/receipts attached to the invoice Total Price Base and All Options: $7,302,468.90 7 of 77
GS10F0176V NRC-HQ-84-15-T-0001 SECTION C - STATEMENT OF WORK C.1 HEALTH PHYSICS TRAINING This is a non-personal services contract to develop (including E-learning) and present technical training courses, and maintain laboratory equipment.
C.2 BACKGROUND The Nuclear Regulatory Commissions (NRC) mission is to license and regulate the Nations civilian use of radioactive materials to protect public health and safety, promote the common defense and security, and protect the environment. In support of this mission, the NRC Office of the Chief Human Capital Officer (OCHCO) provides a program of training for NRC, Agreement States and other personnel approved to attend NRC training courses.
Health physics technology improvements, equipment specialization, and changing methodologies have increased the need for flexible and specialized training for personnel involved with evaluating and inspecting licensee health physics and radiation protection programs. The NRCs current approach to learning and development is primarily through a traditional classroom delivery model. However, the NRC is changing the current model to incorporate appropriate use of E-learning in blended learning models.
This training is also conducted in support of required training in NRC Inspection Manual Chapters 1245, 1247, 1248 and for the NRCs Nuclear Safety Professional Development Program (NSPDP).
C.3 CONTRACT OBJECTIVES The Contractor shall provide personnel with specific technical expertise and the necessary facilities and materials to conduct various training courses in applied health physics and health physics-related topics to course participants, principally health physicists, radiation safety inspectors and staff that review health physics-related documents, and to assist the NRCs Technical Training Center (TTC). The various training courses will encompass fundamental health physics principles, current radiation safety methodologies, recommended radiation safety practices and related information specifically concerning air sampling, decommissioning, environmental monitoring, internal dosimetry, uranium recovery, fuel cycle, Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM) and Multi-Agency Radiation Survey and Assessment of Materials and Equipment Manual (MARSAME).
To support the NRCs transformation to blended learning models for training course delivery, an additional purpose of this contract is to develop E-learning modules from courses currently being delivered through the traditional method. These modules will be used in various blended learning courses associated with this contract and to enhance other NRC training courses.
Additionally, the NRC plans to offer certain courses at the TTC that require the availability of laboratory facilities at the TTC. To support the TTCs laboratory and associated training activities in the laboratory, the contractor shall be tasked with setting up laboratory activities for students and with calibrating, repairing and generally maintaining laboratory equipment at the TTC.
Knowledge in the areas identified above is essential to permit the students to competently 8 of 77
GS10F0176V NRC-HQ-84-15-T-0001 evaluate licensee radiation safety practices. The background, education and experience levels of the students may vary significantly. Consequently, the contractor shall vary the course content and associated materials depending on the specific needs of the students.
C.4 SCOPE OF WORK The contractor shall provide all resources necessary to accomplish the tasks and deliverables described in this Statement of Work (SOW) to allow for health physics training which shall include courses in environmental monitoring, air sampling, decommissioning, fuel cycle, applied health physics, MARSSIM, and MARSAME.
The training will also include specialized training in other topics directly related to NRC and Agreement State licensing and inspection responsibilities that will be developed on an as-needed basis. These topics could include radiation physics, radiation biology, radiochemistry, specialized dosimetry, filter testing, counting statistics, and alpha, beta and gamma spectrometry. The training shall provide participants with theoretical knowledge and, where appropriate, the training shall emphasize practical, operational and regulatory aspects of health physics consistent with operations and practices likely to be encountered by NRC and Agreement States staff during performance-based inspections.
The contractor shall provide support in using and maintaining the TTC laboratory. This will include setup of instruments and equipment for laboratory activities during course offerings, providing assistance during the actual lab activities and repairing and calibrating instruments and other equipment (i.e., either repairing and calibrating the items at the TTC or processing the items through an appropriate vendor for repair and/or calibration prior to using them in a course offering. The contractor shall have knowledge in repair and/or calibration of standard health physics laboratory equipment including alpha, beta and gamma spectrometry instruments and portable survey instruments.
C.4.1 SPECIFIC TASKS The Contractor shall conduct the following training courses and provide support under this SOW as follows:
C.4.1.1Environmental Monitoring for Radioactivity (H-111)
- a. The contractor shall present a 1-week course in environmental monitoring. This course shall cover the basic theories and mechanics of environmental monitoring for radioactivity; techniques for air monitoring; soil, water, vegetation, sediment, and food sampling; direct gamma measurements; borehole logging; and environmental monitoring regulations. The course shall emphasize and include actual field collection of various types of samples and subsequent sample analysis for approximately 40-60% of the time.
- b. Because this course will not be considered to be portable, the contractor shall provide a location for each course offering that supports both the course presentations and the extensive field sampling and analysis requirements (i.e., contractor shall provide the necessary lecture, laboratory and environmental sampling facilities).
- c. Training shall be provided for up to 24 students in each course offering. Attendees will likely have a bachelor's degree in physical or biological science or the equivalent but this 9 of 77
GS10F0176V NRC-HQ-84-15-T-0001 cannot be guaranteed. The NRC estimates two course offerings per year for each year of the contract.
- d. The contractor shall provide the necessary qualified teaching staff, materials, supplies, and course handouts. An electronic copy of the updated and final version of the course presentations shall be provided to the NRC COR at least 30 days prior to each course offering.
- e. The course objectives shall be accomplished through a combination of lectures, discussions, audiovisual aids, laboratory experiments, field exercises, problem offerings, tours, and demonstrations, as appropriate. A written exam shall be administered at the end of the course to evaluate student knowledge retention. Written critiques should be used at the end of the course for evaluation and provided to the NRC COR.
C.4.1.2Characterization and Planning for Decommissioning (H-115)
- a. The contractor shall present a 1-week decommissioning course. This course shall cover site evaluation, data planning, survey implementation and tools, data interpretation, and decision making processes involved in the historical site assessment, scoping survey, and characterization survey phase of decommissioning. 40-60% of the course shall involve planning sessions and individual and class exercises. Topics shall include site assessment, surveys for radiological and chemical contaminants, data quality objectives and assessments, safety evaluations, planning and budgeting.
- b. Because this course will be considered to be portable, the locations to be considered for course offerings shall include each of the NRCs headquarters, regional and TTC facilities as well as the contractors facilities.
- c. Training shall be provided for up to 24 students in each course offering. Attendees will likely have a bachelor's degree in physical or biological science or the equivalent but this cannot be guaranteed. The NRC estimates two course offerings per year for each year of the contract.
- d. The contractor shall provide the necessary qualified teaching staff, materials, supplies, and course handouts. The following is a required handout for this course:
Decommissioning Health Physics, 2nd Edition, or comparable textbook. An electronic copy of the updated and final version of the course presentations shall be provided to the NRC COR at least 30 days prior to each course offering.
- e. The course objectives shall be accomplished through a combination of lectures, discussions, audiovisual aids, problem offerings, and demonstrations, as appropriate. A written exam shall be administered at the end of the course to evaluate student knowledge retention. Written critiques shall be used at the end of the course for evaluation and provided to the NRC COR.
C.4.1.3Air Sampling for Radioactive Materials (H-119)
- a. The contractor shall present a 1-week course on air sampling for radioactive materials.
This course shall introduce participants to the basic theories and mechanics of air sampling for radionuclides. Lecture and laboratory exercises shall cover particle sizing, air sampling in the environment and workplace, stack sampling, and instrument 10 of 77
GS10F0176V NRC-HQ-84-15-T-0001 calibration. Approximately 40-60% of the time shall be spent collecting and analyzing air samples or performing associated activities.
- b. Because this course will not be considered to be portable, the contractor shall provide a location for each course offering that supports both the course presentations and the extensive field sampling and analysis requirements (i.e., contractor shall provide the necessary lecture, laboratory and environmental sampling facilities). The NRC reserves the right to postpone or cancel any of the course offerings listed under this task if it is deemed to be in the best interests of the NRC. If a course offering must be postponed, an attempt will be made by the NRC COR to reschedule the offering at a mutually agreeable date consistent with sufficient student demand.
- c. Training shall be provided for up to 24 students in each course offering. Attendees will likely have a bachelor's degree in physical or biological science or the equivalent but this cannot be guaranteed. The NRC estimates one course offering per year for each year of the contract.
- d. The contractor shall provide the necessary qualified teaching staff, materials, supplies, and course handouts. The following are required handouts for this course: Health Physics Manual of Good Practices; and, NUREG 1400, Air Sampling in the Workplace.
An electronic copy of the updated and final version of the course presentations shall be provided to the NRC COR at least 30 days prior to each course offering.
- e. The course objectives shall be accomplished through a combination of lectures, discussions, audiovisual aids, laboratory experiments, field exercises, problem offerings, tours, and demonstrations, as appropriate. A written exam shall be administered at the end of the course to evaluate student knowledge retention. Written critiques should be used at the end of the course for evaluation and provided to the NRC COR.
C.4.1.4MARSAME (H-120)
- a. The contractor shall present a 4-day course on MARSAME). The course shall provide students with an overview and basic understanding of the methodology described in the MARSAME manual (NUREG-1575, Suppl. 1). The course shall review the basic concepts and principles described in the MARSSIM Manual (NUREG-1575) and highlight the differences in MARSAME. Preliminary surveys, action levels, survey designs, uncertainty, and statistical decision-making should be discussed in detail.
Approximately 40-60% of the students time shall be spent working example problems demonstrating individual aspects of MARSAME, including a class exercise that develops a MARSAME plan for a site.
- b. Because this course will be considered to be portable, the locations to be considered for course offerings shall include each of the NRCs headquarters, regional and TTC facilities as well as the contractors facilities.
- c. Training shall be provided for up to 24 students in each course offering. Attendees will likely have a bachelor's degree in physical or biological science or the equivalent credit hours but this cannot be guaranteed. The NRC estimates one course offering per year for each year of the contract.
- d. The contractor shall provide the necessary qualified teaching staff, materials, supplies, 11 of 77
GS10F0176V NRC-HQ-84-15-T-0001 and course handouts. The following are required handouts for this course: NUREG 1575; Release and Clearance Plan; Release and Clearance Plan DVD; and, MARSSIM Cheat sheet. An electronic copy of the updated and final version of the course presentations shall be provided to the NRC COR at least 30 days prior to each course offering.
- e. The course objectives shall be accomplished through a combination of lectures, discussions, audiovisual aids, problem offerings, and demonstrations, as appropriate. A written exam shall be administered at the end of the course to evaluate student knowledge retention. Written critiques should be used at the end of the course for evaluation and provided to the NRC COR.
C.4.1.5MARSSIM (H-121)
- a. The contractor shall present a 1-week course on MARSSIM. The course shall familiarize attendees with the theory and implementation of the MARSSIM manual. It shall emphasize the decision-making processes involved in the design and implementation of a MARSSIM-based decommissioning survey. Topics shall include an overview of radiological survey types, the data quality objectives process, background reference area selection, survey instrument detection sensitivity, area classification, and survey statistical design. Approximately 40-60% of the students time shall be spent working example problems and working through scenarios that reiterate the class presentation material.
- b. Because this course will be considered to be portable, the locations to be considered for course offerings shall include each of the NRCs headquarters, regional and TTC facilities as well as the contractors facilities.
- c. Training shall be provided for up to 24 students in each course offering. Attendees will likely have a bachelor's degree in physical or biological science or the equivalent credit hours but this cannot be guaranteed. The NRC estimates two course offerings per year for each year of the contract.
- d. The contractor shall provide the necessary qualified teaching staff, materials, supplies, and course handouts. The following are required handouts for this course: NUREG 1505; NUREG 1507; NUREG 1575; MARSSIM Cheat sheet; and, Decommissioning Health Physics, 2nd Edition, or comparable textbook. An electronic copy of the updated and final version of the course presentations shall be provided to the NRC COR at least 30 days prior to each course offering.
- e. The course objectives shall be accomplished through a combination of lectures, discussions, audiovisual aids, problem offerings, and demonstrations, as appropriate. A written exam shall be administered at the end of the course to evaluate student knowledge retention. Written critiques shall be used at the end of the course for evaluation and provided to the NRC COR.
C.4.1.6Fundamental Health Physics (H-122)
- a. The contractor shall present a 2-week course on fundamental health physics. The course shall place significant emphasis (40-60% of time) on hands-on exercises and 12 of 77
GS10F0176V NRC-HQ-84-15-T-0001 practical demonstrations in radiation protection and measurement. Exercises and demonstrations shall include: (a) the use of radiation monitoring instrumentation (contamination detection vs. exposure rate measurements); (b) the use of protective clothing and equipment; (c) dosimetry; and (d) time-distance-shielding principles.
Classroom lectures shall be provided to cover basic health physics theory and principles.
The lectures shall be followed by laboratory exercises designed to reinforce the principles covered in the lectures. Lectures and laboratory exercises shall combine to provide the participants with valuable practical experience in applied health physics.
- b. Because this course will not be considered to be portable, the contractor shall provide a location for each course offering that supports both the course presentations and the extensive laboratory activity requirements (i.e., contractor shall provide the necessary lecture and laboratory facilities).
- c. Training shall be provided for up to 24 students in each course. Attendees will likely have a bachelor's degree in physical or biological science or the equivalent but this cannot be guaranteed. The NRC estimates one course offering per year for each year of the contract.
- d. The contractor shall provide the necessary qualified teaching staff, materials, supplies, and course handouts. The following are required handouts for this course: Radioactive Decay Data Tables; Radiological Health Handbook, or comparable handbook; Introduction to Health Physics, or comparable textbook; and, 17th Edition (or later) of Chart of the Nuclides. An electronic copy of the updated and final version of the course presentations shall be provided to the NRC COR at least 30 days prior to each course offering.
- e. The course objectives shall be accomplished through a combination of lectures, discussions, audiovisual aids, laboratory experiments, field exercises, problem offerings, tours, and demonstrations, as appropriate. A written exam shall be administered at the end of each week of the course to evaluate student knowledge retention. Written critiques shall be used at the end of the course for evaluation and provided to the NRC COR.
C.4.1.7Intermediate Health Physics (H-123)
- a. The contractor shall present a 1-week course on health physics topics that build upon the topics covered in the fundamental health physics course. The offering shall place significant emphasis (40-60% of time) on hands-on exercises and practical demonstrations that focus on the analysis of gamma and neutron emitting radionuclides, providing an accelerator overview, and discussing x-ray fluorescence. Course topics shall include gamma spectroscopy (identification); germanium detectors; NaI and LaBr detectors; gamma spectrometry (quantification); x-ray fluorescence; neutron sources; neutron interactions; neutron detection; neutron activation and accelerators. Hands-on laboratory exercises and practical demonstrations shall be utilized for each topic.
- b. Because this course will not be considered to be portable, the contractor shall provide a location for each course offering that supports both the course presentations and the extensive laboratory activity requirements (i.e., contractor shall provide the necessary lecture and laboratory facilities).
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GS10F0176V NRC-HQ-84-15-T-0001
- c. Training shall be provided for up to 24 students in each course. Attendees will likely have a bachelor's degree in physical or biological science or the equivalent but this cannot be guaranteed. The NRC estimates two course offerings per year for each year of the contract.
- d. The contractor shall provide the necessary qualified teaching staff, materials, supplies, and course handouts. The following are required handouts for this course: Radioactive Decay Data Tables; Radiological Health Handbook, or comparable handbook; Introduction to Health Physics, or comparable textbook; and, 17th Edition (or later) Chart of the Nuclides; and, a Nuclide Identification Catalog. An electronic copy of the updated and final version of the course presentations shall be provided to the NRC COR at least 30 days prior to each course offering.
- e. The course objectives shall be accomplished through a combination of lectures, discussions, audiovisual aids, laboratory experiments, field exercises, problem offerings, tours, and demonstrations, as appropriate. A written exam shall be administered at the end of the course to evaluate student knowledge retention. Written critiques shall be used at the end of the course for evaluation and provided to the NRC COR.
C.4.1.8Internal Dosimetry (H-312)
- a. The contractor shall present a 1-week course on internal dosimetry. The course shall provide students with a thorough understanding of current methods for determining radiation doses resulting from intakes of radioactive materials by workers as well as a historical perspective on the subject. The course shall cover the basic concepts and principles of internal dose assessments, and compare and contrast the different internal dosimetry systems and models currently in use in the U.S. and internationally. Bioassay methods and interpretation shall be discussed in detail. Regulations and regulatory guidance shall be discussed, including the design of bioassay programs and methods for demonstrating regulatory compliance. Quality assurance and methods for program evaluation shall be covered. A significant portion of the course shall require students to work detailed example problems covering all aspects of internal dose assessment throughout the course.
- b. Because this course will be considered to be portable, the locations to be considered for course offerings shall include each of the NRCs headquarters, regional and TTC facilities as well as the contractors facilities.
- c. Training shall be provided for up to 24 students in each course offering. Attendees will likely have a bachelor's degree in physical or biological science or the equivalent credit hours but this cannot be guaranteed. The NRC estimates one course offering per year for each year of the contract.
- d. The contractor shall provide the necessary qualified teaching staff, materials, supplies, and course handouts. The following is a required handout for this course: Federal Guidance Report, number 11. An electronic copy of the updated and final version of the course presentations shall be provided to the NRC COR at least 30 days prior to each course offering.
- e. The course objectives shall be accomplished through a combination of lectures, discussions, audiovisual aids, problem offerings, and demonstrations, as appropriate. A 14 of 77
GS10F0176V NRC-HQ-84-15-T-0001 written exam shall be administered at the end of the course to evaluate student knowledge retention. Written critiques shall be used at the end of the course for evaluation and provided to the NRC COR.
C.4.1.9Develop and Present Specialized Training in Health Physics
- a. The contractor shall develop and present health physics courses in other topics directly related to NRC and Agreement States licensing and inspection responsibilities on an as-needed basis. No more than one course will be developed and delivered (up to five offerings) in a single contract year. These courses are anticipated to be up to five days in length and will cover any area of health physics that may be of interest to materials or nuclear power reactor health physics inspectors.
The NRC COR will designate the area of health physics to be covered and identify an NRC point-of-contact who will coordinate with the contractor on details of course development and, as needed, presentation. It is recognized that, due to the highly specialized nature of this training, in some cases subcontractors may be used to develop and present the training.
Examples of topics that may be covered include but are not necessarily limited to: dose assessment, decontamination and decommissioning, emergent medical technologies, recent advances in medical diagnostic and therapeutic radiation treatment, external and internal radiation exposure control and dose evaluations, health physics instrumentation, calibration and quality control, respiratory protection, fuel cycle health physics and major revisions to regulations, codes, and methodologies. Virtually any topic within the scope of health physics and within the scope of the NRCs mission may be requested.
- b. Because these courses will be considered to be portable, the locations to be considered for course offerings shall include each of the NRCs headquarters, regional and TTC facilities as well as the contractors facilities.
- c. There will be a maximum of five (5) offerings per contract year and attendance will be limited to 24 students per offering. Attendees will likely have a bachelor's degree in physical or biological science or the equivalent credit hours but this cannot be guaranteed.
- d. The contractor shall provide the necessary qualified teaching staff, materials, supplies, and course handouts. An electronic copy of the updated and final version of the course presentations shall be provided to the NRC COR at least 30 days prior to each course offering.
- e. The course objectives shall be accomplished through a combination of lectures, discussions, audiovisual aids, problem offerings, and demonstrations, as appropriate. A written exam shall be administered at the end of the course to evaluate student knowledge retention. Written critiques shall be used at the end of the course for evaluation and provided to the NRC COR.
- f. Personnel providing the training shall be knowledgeable and experienced in the subject areas being taught and have experience in classroom presentation. If subcontractors are necessary for the specialized training course development or delivery, resumes of the subcontractors shall be provided to the NRC COR for review and approval. The 15 of 77
GS10F0176V NRC-HQ-84-15-T-0001 NRC reserves the right to request replacements if it is deemed necessary.
C.4.1.10 Health Physics for Uranium Recovery (F-104)
- a. The contractor shall present a 1-week course on health physics for uranium recovery facilities. The course shall include at least one tour of a uranium mining/milling or related facility after initial classroom instruction that conveys a fundamental understanding of health physics for uranium recovery facilities. Health physics practices and issues for uranium mining, milling, and in-situ leach extraction facilities shall be discussed. Topics shall include a review of radiation units and terminology, naturally-occurring radioactive decay chains, special properties and hazards of uranium and its decay products, general facility descriptions, radiation issues and hazards involving radon-222 releases and windblown tailings, radiation dose limits (including the weekly limit for soluble uranium),
working level concept for radon decay products, contamination control, external dose controls, and internal dose controls (including bioassay and air sampling programs).
- b. Because this course includes a required tour of a uranium mine/mill or related facility, the locations to be considered for course offerings shall include each of the Agreement States with uranium mines/mills.
- c. Training shall be provided for up to 24 students in each course offering. Attendees will likely have a bachelor's degree in physical or biological science or the equivalent credit hours but this cannot be guaranteed. The NRC estimates one course offering per year for each year of the contract.
- d. The contractor shall provide the necessary qualified teaching staff, materials, supplies, and course handouts. An electronic copy of the updated and final version of the course presentations shall be provided to the NRC COR at least 30 days prior to each course offering.
- e. The course objectives shall be accomplished through a combination of lectures, discussions, audiovisual aids, problem offerings, and demonstrations, and tours as appropriate. A written exam shall be administered at the end of the course to evaluate student knowledge retention. Written critiques shall be used at the end of the course for evaluation and provided to the NRC COR.
C.4.1.11 Technical Support
- a. The contractor shall assist the NRC with using and maintaining both the portable instruments and laboratory equipment at the TTC. This shall include the following:
- 1. Setup of instruments and equipment for laboratory activities during course offerings (including functional testing before the offering)
- 2. Providing assistance during the actual lab activities
- 3. Repair and calibration of the instruments and equipment (i.e., either repairing and calibrating the items at the TTC or processing the items through an appropriate vendor for repair and/or calibration prior to using them in a course offering.
- b. Maximum anticipated level of effort for technical support:
- 1. Two contractor personnel per week of support (i.e., 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> per week) 16 of 77
GS10F0176V NRC-HQ-84-15-T-0001
- 2. 1 week of routine support per month (i.e., 12 weeks per year)
- 3. 2 weeks per year of setup work before a course offering (i.e., 2 weeks per year in addition to the 12 weeks per year of routine support)
C.4.1.12 E-Learning and Blended Learning Course Development
- a. The contractor shall convert existing instructor-led training (ILT) course presentations into E-learning modules. The contractor shall incorporate the developed modules into blended learning courses to replace and/or supplement existing ILT courses. The modules shall include the following:
- 1. Responsive web design
- 2. Knowledge assessment at the end of each module
- 3. Learning stimuli to include animations, audio and/or video components
- 4. Exam bank sufficient for two exams created by the Learning Management System (LMS) and administered upon request by enrollees.
- 5. Compatible with the current NRC LMS software (e.g., SCORM)
- 6. Glossary link
- 7. Discussion link
- 8. Full reviews by NRC SMEs, including NRC COR approval for development of each module
- 9. Participant access to the modules and management of the course(s) via the contractors LMS. While the contractors LMS will serve as the primary LMS used for delivery of blended learning courses, all courses shall be developed to be compatible with the NRCs LMS, too.
- b. Rate of conversion should be one ILT course converted to E-learning modules in a blended learning course every 18 months (i.e., one ILT course is approximately 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br />; therefore, the required conversion rate to E-learning modules is approximately 2 hour2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />s/month). A courses associated lab activities will not be converted to E-learning.
C.5 COURSE DATES Course dates shall be mutually agreed upon between the NRC COR and the Contractor.
Course dates may be changed, if necessary, based on mutual agreement between the COR and the contractor.
The NRC reserves the right to postpone or cancel the courses listed under this contract if it is deemed to be in the best interests of the NRC. If a course must be postponed, an attempt will be made to reschedule the course at a mutually agreeable date.
C.6 PERSONNEL QUALIFICATIONS REQUIRED Personnel providing the training shall be knowledgeable and experienced in the subject areas being taught, have experience in classroom presentation and be familiar with the NRCs regulations and guidance documents associated with the subject areas.
- 1. Course instructors should have a minimum of five (5) years of instructional experience providing training in health physics.
- 2. Course Instructors should have an advanced degree (M.S. or higher) in nuclear engineering, 17 of 77
GS10F0176V NRC-HQ-84-15-T-0001 health physics, radiation protection, environmental science or a related technical field. An additional five (5) years of experience can be substituted for the Advanced Degree if the experience is in radiological engineering or applied health physics.
The personnel that are considered key to this contract are:
Instructors Developers The NRC reserves the right to request a replacement instructor (e.g., based on feedback from a course presentation).
C.7 DELIVERABLES AND/OR MILESTONE SCHEDULE C.7.1 Course Presentation Reports Within thirty (30) days of completion of a course presentation, the contractor shall submit a Course Presentation Report to the NRC COR. The report shall contain:
- a. A cover letter report discussing accomplishments, problems, and recommendations for improvement.
- b. Student attendance rosters, student evaluations of the course and a summary of student comments.
- c. Original graded examinations and examination key whenever written examinations are utilized.
C.7.2 Exam Banks and Exams
- a. Develop an exam bank sufficient for two exams per course or, as applicable, two exams per week of course instruction (i.e., 1-week course requires an exam bank sufficient to create two unique exams; 2-week course requires an exam bank sufficient to create four different exams).
- b. Develop a written exam for each course to be administered at the end of the course or, as applicable, at the end of each week of course instruction.
C.7.3 E-learning Modules and Blended Learning Courses
- a. Integral to the process for developing E-learning modules and a blended learning course, each module and the final course shall be delivered to the NRC COR with a minimum of ten (10) business days scheduled for the initial review of the module and the course by NRC SMEs and the COR.
- b. E-learning modules and the final course shall be revised and returned to the NRC COR until all comments by the NRC have been reconciled.
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GS10F0176V NRC-HQ-84-15-T-0001 C.8 MEETINGS AND TRAVEL Travel for two contractor instructors to support the Characterization and Planning for Decommissioning (H-115) course.
Travel for two contractor instructors to support the MARSAME (H-120) course.
Travel for two contractor instructors to support the MARSSIM (H-121) course.
Travel for two contractor instructors to support the Internal Dosimetry (H-312) course.
Travel for two contractor instructors to support the Health Physics Specialized Training course.
Travel for two contractor instructors to support the Health Physics for Uranium Recovery (F-104) course.
Travel for two contractor personnel to the TTC for an average of five days each for a total of 14 trips is anticipated in support of laboratory activities including all work associated with the laboratory equipment and portable instruments.
C.09 NRC-FURNISHED MATERIAL The NRC will provide the contractor with an electronic copy of course student information sheets and evaluation forms for inclusion in the student manual for each course.
The NRC will provide the contractor with the Uniform Resource Locator where NRC documents such as regulatory guides needed to support course development or presentation may be downloaded. If NRC documents needed to support training under the above Tasks are not available for download, one electronic or hard copy will be provided to the contractor by the NRC COR.
The NRC will furnish, at the time of each course presentation, classroom, facilities, equipment, and appropriate access when necessary to present courses at NRC Headquarters, NRC regions, the TTC or other designated locations.
At this time, no NRC-funded property (including equipment and software) is anticipated to be needed for this contract. However, should the need arise, purchase or development of any NRC-funded property, including NRC-funded software, shall be approved by the NRC COR.
C.10 CONTRACTOR ACQUIRED MATERIAL For new courses developed under this contract, all equipment and materials (e.g. training aids, student manuals, etc.) purchased or created using NRC funds or obtained from the NRC for use in the offerings of such courses become the property of the NRC at the termination of this contract.
All data files developed and maintained under this contract will be user-friendly and compatible with current NRC software (currently MS Office 2007). Prior to being distributed to the NRC, all data files shall be verified to be virus free using the latest virus scanning software.
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GS10F0176V NRC-HQ-84-15-T-0001 Further, any NRC-funded property (including NRC-funded software) procured or developed under this contract shall be managed following the requirements of NRC Management Directive 11.1, NRC Acquisition of Supplies and Services.
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GS10F0176V NRC-HQ-84-15-T-0001 SECTION D - Packaging and Marking D.1 NRCD020 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 (OCHCO), under Contract/order number GS10F0176V NRC-HQ-84-15-T-0001.
D.2 NRCD010 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.
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GS10F0176V NRC-HQ-84-15-T-0001 SECTION E - Inspection and Acceptance E.1 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE. (AUG 1996) - ALTERNATE II (JUL 1985)
(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.
(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.
(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.
(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.
(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.
(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements.
The Government may reject nonconforming supplies with or without disposition instructions.
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GS10F0176V NRC-HQ-84-15-T-0001 (g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice.
The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required shall disclose the corrective action taken. Cost of removal, replacement, or correction shall be considered a cost incurred, or to be incurred, when redetermining the prices under the price redetermination clause. However, replacements or corrections by the Contractor after the establishment of the redetermined prices shall be at no increase in the redetermined price.
(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and equitably reduce the initial contract prices or, if established, the redetermined contract prices or (2) terminate the contract for default. Unless the Contractor corrects or replaces the nonconforming supplies within the delivery schedule, the Contracting Officer may require their delivery and equitably reduce the initial contract price or, if it is established, the redetermined contract prices. Failure to agree upon an equitable price reduction shall be a dispute.
(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time -
(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and (ii) When the supplies will be ready for Government inspection.
(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.
(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.
(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.
(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in the initial contract prices, or, if it is established, the redetermined prices of this contract, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in 23 of 77
GS10F0176V NRC-HQ-84-15-T-0001 accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in the initial contract prices, or, if it is established, the redetermined prices of this contract, if the Contractor fails to meet such delivery schedule; or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the initial contract prices, or, if it is established, the redetermined prices of this contract, as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement.
When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and equitably reduce the initial contract prices, or, if it is established, the redetermined prices of this contract.
E.2 NRCE010 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRC Contracting Officers Representative (COR) at the destination, accordance with FAR 52.247 F.o.b. Destination.
Contract Deliverables: (See Statement of Work for more detail)
- 1. Course Presentation Reports
- 2. E-learning Modules and Blended Learning Courses 24 of 77
GS10F0176V NRC-HQ-84-15-T-0001 SECTION F - Deliveries or Performance F.1 NRCF030B PERIOD OF PERFORMANCE ALTERNATE This contract shall commence on 03/01/2015 and will expire on 02/28/2016. The term of this contract may be extended at the option of the Government for an additional 4 option periods.
Base Period: 03/01/2015 - 02/29/2016 Option YR 1: 03/01/2016 - 02/28/2017 Option YR 2: 03/01/2017 - 02/28/2018 Option YR 3: 03/01/2018 - 02/28/2019 Option YR 4: 03/01/2019 - 02/29/2020 F.2 NRCF010 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
- a. Name: Henry Lynn (1 Electronic Copy)
- b. Contracting Officers Representative (COR)
- c. Electronic copies to:
- d. Henry.Lynn@nrc.gov
- g. Name: Daniel App (1 Electronic copy)
- h. Contracting Officer (CO)
- i. Electronic copies to:
- j. Daniel.App@nrc.gov 25 of 77
GS10F0176V NRC-HQ-84-15-T-0001 SECTION G - Contract Administration Data G.1 NRCG030 ELECTRONIC PAYMENT (SEP 2014)
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-Central Contractor Registration.
To receive payment, the contractor shall prepare invoices in accordance with NRCs Billing Instructions. Claims shall be submitted on the payees letterhead, invoice, or on the Governments Standard Form 1034, Public Voucher for Purchases and Services Other than Personal, and Standard Form 1035, Public Voucher for Purchases Other than Personal -
Continuation Sheet. The preferred method of submitting invoices is electronically to:
NRCPayments@nrc.gov.
G.2 NRC 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.
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GS10F0176V NRC-HQ-84-15-T-0001 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.
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GS10F0176V NRC-HQ-84-15-T-0001 (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 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.
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 28 of 77
GS10F0176V NRC-HQ-84-15-T-0001 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.
H.3 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT 1999)
(a) The following representation is required by the NRC Acquisition Regulation 2009.105-70(b).
It is not NRC policy to encourage offerors and contractors to propose current/former agency employees to perform work under NRC contracts and as set forth in the above cited provision, the use of such employees may, under certain conditions, adversely affect NRC's consideration of non-competitive proposals and task orders.
(b) There [ ] are [X ] are no current/former NRC employees (including special Government employees performing services as experts, advisors, consultants, or members of advisory committees) who have been or will be involved, directly or indirectly, in developing the offer, or in negotiating on behalf of the offeror, or in managing, administering, or performing any contract, consultant agreement, or subcontract resulting from this offer. For each individual so identified, the Technical and Management proposal must contain, as a separate attachment, the name of the individual, the individual's title while employed by the NRC, the date individual left NRC, and a brief description of the individual's role under this proposal.
H.4 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)
(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.
(c) Work for others.
(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.
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GS10F0176V NRC-HQ-84-15-T-0001 (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 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 30 of 77
GS10F0176V NRC-HQ-84-15-T-0001 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.
(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.
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GS10F0176V NRC-HQ-84-15-T-0001 (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.
H.5 2052.215-70 KEY PERSONNEL. (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work hereunder:
Instructors Developers
- The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.
(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.
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GS10F0176V NRC-HQ-84-15-T-0001 H.6 2052.215-71 PROJECT OFFICER AUTHORITY. (OCT 1999) - ALTERNATE I (OCT 1999)
(a) The contracting officer's authorized representative, hereinafter referred to as the project officer, for this contract is:
Name: Henry Lynn Address: Technical Training Center 5746 Marlin Road, Ste 200 Chattanooga, TN 37411 Telephone Number: 423-855-6509 (b) The project officer 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 project officer may not make changes to the express terms and conditions of this contract.
H.7 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.
(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 33 of 77
GS10F0176V NRC-HQ-84-15-T-0001 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.
H.8 NRCH330 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE In accordance with Appendix III, "Security of Federal Automated Information Resources," to Office of Management and Budget (OMB) Circular A-130, "Management of Federal Information Resources," NRC has established rules of behavior for individual users who access all IT computing resources maintained and operated by the NRC or on behalf of the NRC. In response to the direction from OMB, NRC has issued the "Agency-wide Rules of Behavior for Authorized Computer Use" policy, hereafter referred to as the rules of behavior. The rules of behavior for authorized computer use will be provided to NRC computer users, including contractor personnel, as part of the annual computer security awareness course.
The rules of behavior apply to all NRC employees, contractors, vendors, and agents (users) who have access to any system operated by the NRC or by a contractor or outside entity on behalf of the NRC. This policy does not apply to licensees. The next revision of Management Directive 12.5, "NRC Automated Information Security Program," will include this policy. The rules of behavior can be viewed at http://www.internal.nrc.gov/CSO/documents/ROB.pdf or use NRCs external Web-based ADAMS at http://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box).
The rules of behavior are effective immediately upon acknowledgement of them by the person who is informed of the requirements contained in those rules of behavior. All current contractor users are required to review and acknowledge the rules of behavior as part of the annual computer security awareness course completion. All new NRC contractor personnel will be required to acknowledge the rules of behavior within one week of commencing work under this contract and then acknowledge as current users thereafter. The acknowledgement statement can be viewed at http://www.internal.nrc.gov/CSO/documents/ROB_Ack.pdf or use NRCs external Web-based ADAMS at http://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box).
The NRC Computer Security Office will review and update the rules of behavior annually beginning in FY 2011 by December 31st of each year. Contractors shall ensure that their personnel to which this requirement applies acknowledge the rules of behavior before beginning contract performance and, if the period of performance for the contract lasts more than one year, annually thereafter. Training on the meaning and purpose of the rules of behavior can be provided for contractors upon written request to the NRC Contracting Officers Representative (COR).
The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order if such subcontracts/agreements will authorize access to NRC electronic and information technology (EIT) as that term is defined in FAR 2.101.
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GS10F0176V NRC-HQ-84-15-T-0001 H.9 NRCH430 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (AUG 2011)
All contractor employees, subcontractor employees, 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 Plan includes a contractor's employees and their subcontractors are subject to the procedures and terms of their employment agreements with their employer.
The NRC Drug Program Manager will schedule the drug testing for all contractor employees, subcontractor employees, and consultants who are subject to testing under this clause. Any NRC contractor found to be using, selling, or possessing illegal drugs, or any contractor with a verified positive 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 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.10 NRCH020 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.
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GS10F0176V NRC-HQ-84-15-T-0001 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 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 36 of 77
GS10F0176V NRC-HQ-84-15-T-0001 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.
H.11 NRCH370 SAFETY OF ON-SITE CONTRACTOR PERSONNEL Ensuring the safety of occupants of Federal buildings is a responsibility shared by the professionals implementing our security and safety programs and the persons being protected.
The NRC's Office of Administration (ADM) Division of Facilities and Security (DFS) has coordinated an Occupant Emergency Plan (OEP) for NRC Headquarters buildings with local authorities. The OEP has been approved by the Montgomery County Fire and Rescue Service.
It is designed to improve building occupants' chances of survival, minimize damage to property, and promptly account for building occupants when necessary.
The contractor's Project Director shall ensure that all personnel working full time on-site at NRC Headquarters read the NRC's OEP, provided electronically on the NRC Intranet at http://www.internal.nrc.gov/ADM/OEP.pdf. The contractor's Project Director also shall emphasize to each staff member that they are to be familiar with and guided by the OEP, as well as by instructions given by emergency response personnel in situations which pose an immediate health or safety threat to building occupants.
The NRC Contracting Officers Representative (COR) shall ensure that the contractor's Project Director has communicated the requirement for on-site contractor staff to follow the guidance in the OEP. The NRC Contracting Officers Representative (COR) also will assist in accounting for on-site contract persons in the event of a major emergency (e.g., explosion occurs and casualties or injuries are suspected) during which a full evacuation will be required, including the assembly and accountability of occupants. The NRC DFS will conduct drills periodically to train occupants and assess these procedures.
H.12 NRCH360 INTERNET Neither NRC nor its third party contractors that manage or develop the NRC web site shall send persistent cookies, place persistent cookies on users' computers, nor collect personally identifiable information from visitors to the NRC web site unless in addition to clear and conspicuous notice, each of the following conditions are met: there is a compelling need to gather the data on the site; there are appropriate and publicly disclosed privacy safeguards for handling of information derived from "cookies"; and personal approval is obtained from the head 37 of 77
GS10F0176V NRC-HQ-84-15-T-0001 of the agency.
H.13 NRCH070 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY (a) The NRC will provide the contractor with the following items for use under this contract:
The NRC will provide the contractor with an electronic copy of course student information sheets and evaluation forms for inclusion in the student manual for each course.
The NRC will provide the contractor with the Uniform Resource Locator where NRC documents such as regulatory guides needed to support course development or presentation may be downloaded. If NRC documents needed to support training under the above Tasks are not available for download, one electronic or hard copy will be provided to the contractor by the NRC COR.
The NRC will furnish, at the time of each course presentation, classroom, facilities, equipment, and appropriate access when necessary to present courses at NRC Headquarters, NRC regions, the TTC or other designated locations.
At this time, no NRC-funded property (including equipment and software) is anticipated to be needed for this contract. However, should the need arise, purchase or development of any NRC-funded property, including NRC-funded software, shall be approved by the NRC COR.
(b) Only the equipment/property listed above in the quantities shown will be provided by the Government. The contractor shall be responsible and accountable for all Government property provided under this contract and shall comply with the provisions of the FAR Government Property Clause under this contract and FAR Subpart 45.5, as in effect on the date of this contract. The contractor shall investigate and provide written notification to the NRC Contracting Officer (CO) and the NRC Division of Facilities and Security, Physical Security Branch of all cases of loss, damage, or destruction of Government property in its possession or control not later than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after discovery. The contractor must report stolen Government property to the local police and a copy of the police report must be provided to the CO and to the Division of Facilities and Security, Office of Administration.
(c) All other equipment/property required in performance of the contract shall be furnished by the Contractor.
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GS10F0176V NRC-HQ-84-15-T-0001 SECTION I - Contract Clauses I.1 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (SEP 2013)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights-(1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(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.
(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(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, 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 39 of 77
GS10F0176V NRC-HQ-84-15-T-0001 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, contract 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, 40 of 77
GS10F0176V NRC-HQ-84-15-T-0001 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.
(i) Payment- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) 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.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) 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, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-(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 contract 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) Interest. (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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
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GS10F0176V NRC-HQ-84-15-T-0001 (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 within 30 days; (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 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--
(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.
(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:
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GS10F0176V NRC-HQ-84-15-T-0001 (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 a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, 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 which 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 request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and 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.
(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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower 43 of 77
GS10F0176V NRC-HQ-84-15-T-0001 protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph 44 of 77
GS10F0176V NRC-HQ-84-15-T-0001 (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).
Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.
(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.
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GS10F0176V NRC-HQ-84-15-T-0001 I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JAN 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.
108-77, 108-78).
(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.)
[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
[] (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 (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5).
[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L.
111-117, section 743 of Div. C).
[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG, 2013) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).
[] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 46 of 77
GS10F0176V NRC-HQ-84-15-T-0001 of Division D of Pub. L. 110-161).
[] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (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 (JUL 2013) (15 U.S.C.
637 (d)(2) and (3)).
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C.
637(d)(4)).
[] (ii) Alternate I (OCT 2001) of 52.219-9.
[] (iii) Alternate II (OCT 2001) 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 (NOV 2011) (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)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)
[] (ii) Alternate I (JUN 2003) of 52.219-23.
[] (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (JUL 2013) (Pub. L. 103-355, section 7102, 47 of 77
GS10F0176V NRC-HQ-84-15-T-0001 and 10 U.S.C. 2323).
[] (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C.
2323).
[] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
[] (25) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).
[] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).
[] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C.
637(m)).
[] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).
[] (30) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
[] (31) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
[] (32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
[] (33) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).
[] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C.
4212).
[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[] (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 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.)
[] (37)(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.)
[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) 48 of 77
GS10F0176V NRC-HQ-84-15-T-0001 (42 U.S.C. 8259b).
[] (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
[](ii) Alternate I (DEC 2007) of 52.223-16.
[] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
X (41) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).
[] (42)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV 2012) (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 (MAR 2012) of 52.225-3.
[] (iii) Alternate II (MAR 2012) of 52.225-3.
[] (iv) Alternate III (NOV 2012) of 52.225-3.
[] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[] (44) 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.
[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007)
(42 U.S.C. 5150).
[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
X (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[] (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[] (50) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (JUL 2013) (31 U.S.C. 3332).
X (51) 52.232-34, Payment by Electronic Funds Transfer - Other than System for 49 of 77
GS10F0176V NRC-HQ-84-15-T-0001 Award Management (JUL 2013) (31 U.S.C. 3332).
[] (52) 52.232-36, Payment by Third Party (JUL 2013) (31 U.S.C. 3332).
[] (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (54)(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.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
[] (1) 52.222-41, Service Contract Act of 1965 "(NOV 2007)" (41 U.S.C. 351, et seq.).
X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989)
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
X (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements "(NOV 2007)" (41 U.S.C. 351, et seq.).
[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
[] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).
X (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(MAR 2009) (Pub. L. 110-247).
[] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C.
5112(p)(1)).
(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 50 of 77
GS10F0176V NRC-HQ-84-15-T-0001 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.
13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C.
4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010)
(29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in 51 of 77
GS10F0176V NRC-HQ-84-15-T-0001 accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 "(NOV 2007)" (41 U.S.C.
351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.
7104(g)).
___Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements "(NOV 2007)" (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 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.
I.3 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 14 days of the end of the contract.
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GS10F0176V NRC-HQ-84-15-T-0001 I.4 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 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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.
I.5 52.227-14 Rights in Data-General. (MAY 2014)
(a) Definitions. As used in this clause-Computer database or database means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.
Computer software- (1) Means (i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.
(2) Does not include computer databases or computer software documentation.
Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.
Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
Form, fit, and function data means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.
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GS10F0176V NRC-HQ-84-15-T-0001 Limited rights means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.
Limited rights data means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.
Restricted computer software means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.
Restricted rights, as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.
Technical data, means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C.
116).
Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.
(b) Allocation of rights. (1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in-(i) Data first produced in the performance of this contract; (ii) Form, fit, and function data delivered under this contract; (iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and (iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.
(2) The Contractor shall have the right to-54 of 77
GS10F0176V NRC-HQ-84-15-T-0001 (i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause; (ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause; (iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and (iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.
(c) Copyright- (1) Data first produced in the performance of this contract. (i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract.
(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number).
(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government.
(2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor-(i) Identifies the data; and (ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if 55 of 77
GS10F0176V NRC-HQ-84-15-T-0001 included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.
(3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.
(d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except-(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations);
(2) As expressly set forth in this contract; or (3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer.
(e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following procedures shall apply prior to canceling or ignoring the markings.
(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.
(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will 56 of 77
GS10F0176V NRC-HQ-84-15-T-0001 become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision.
The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.
(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder.
(3) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract.
(f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data.
(2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. The Contracting Officer may agree to do so if the Contractor-(i) Identifies the data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the proposed notice is authorized; and (iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice.
(3) If data has been marked with an incorrect notice, the Contracting Officer may-(i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or 57 of 77
GS10F0176V NRC-HQ-84-15-T-0001 (ii) Correct any incorrect notices.
(g) Protection of limited rights data and restricted computer software. (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall-(i) Identify the data being withheld; and (ii) Furnish form, fit, and function data instead.
(2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software.
(3) (Reserved)
(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer.
(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government.
I.6 NRC1020 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED (SEP 2013)
In 1998, Congress amended the Rehabilitation Act of 1973 (29 U.S.C. §794d) as amended by the Workforce Investment Act of 1998 (P.L. 105 - 220), August 7, 1998 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. Inaccessible technology interferes with an ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, open new opportunities for people with disabilities, and encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 (29 U.S.C.
§794d), agencies must give disabled employees and members of the public access to information that is comparable to access available to others.
Specifically, Section 508 of that Act requires that when Federal agencies develop, procure, maintain, or use EIT, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. (36 C.F.R. §1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at: http://www.access-board.gov/sec508/standards.htm)
Exceptions.
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GS10F0176V NRC-HQ-84-15-T-0001 All EIT that the government acquires by purchase or by lease/rental under this contract must meet the applicable accessibility standards at 36 C.F.R. Part 1194, unless one or more of the following exceptions at FAR 39.204 applies to this acquisition (applicable if checked):
[ ] The EIT is for a national security system.
[ ] The EIT is acquired by a contractor incidental to a contract.
[ ] The EIT is located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment.
[ ] Compliance with the applicable 36 C.F.R. Part 1194 provisions would impose an undue burden on the agency.
Applicable Standards.
The following accessibility standards from 36 C.F.R. Part 1194 have been determined to be applicable to this contract/order. See www.section508.gov for more information:
[ ] 1194.21 Software applications and operating systems.
[X ] 1194.22 Web-based intranet and internet information and applications. 16 rules.
[ ] 1194.23 Telecommunications products.
[ ] 1194.24 Video and multimedia products.
[ ] 1194.25 Self contained, closed products.
[ ] 1194.26 Desktop and portable computers.
[ ] 1194.31 Functional performance criteria.
[ ] 1194.41 Information, documentation, and support.
Note: Under the Exceptions paragraph, the Contracting Officer should check the boxes for any exceptions that apply. If no exceptions apply, then the Contracting Officer should, under the Applicable Standards paragraph, check the boxes that indicate which of the standards apply.
See FAR Subpart 39.2 and www.section508.gov for additional guidance.
I.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
52.222-50 COMBATING TRAFFICKING IN PERSONS. (FEB 2009) 52.223-6 DRUG-FREE WORKPLACE. (MAY 2001) 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008) 52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS.
(MAY 2014) 52.232-1 PAYMENTS. (APR 1984) 52.232-17 AVAILABILITY OF FUNDS (APR 1984) 52.232-18 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) 52.232-22 LIMITATION OF FUNDS 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013) 52.233-3 PROTEST AFTER AWARD. (AUG 1996) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) 52.242-15 STOP-WORK ORDER. (AUG 1989) 52.243-1 CHANGES - FIXED-PRICE. (AUG 1987) - ALTERNATE I (APR 1984) 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JUL 2014) 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(SHORT FORM). (APR 1984) 59 of 77
GS10F0176V NRC-HQ-84-15-T-0001 SECTION J - List of Documents, Exhibits and Other Attachments J.1 BILLING INSTRUCTIONS FOR FIXED-PRICE TYPE CONTRACTS (MAY 2013)
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 for any liability resulting from the Governments reliance on inaccurate or incomplete SAM 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.
Standard Forms: Payment requests for completed work, in accordance with the contract, shall be submitted on the payee's letterhead, invoice/voucher, or on the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet."
Electronic Invoice/Voucher Submissions: The preferred method of submitting invoices/vouchers is electronically to the U.S. Nuclear Regulatory Commission, via email to:
NRCPayments@nrc.gov.
Hard-Copy Invoice/Voucher Submissions: If you submit a hard-copy of the invoice/voucher, a signed original and supporting documentation shall be submitted to the following address:
NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop O3-E17A Rockville, MD 20852-2738 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) 13.1, IV, C - Reporting Requirements (revised 2/16/2011).
Agency Payment Office: Payment will continue to be made by the office designated in the contract in Block 12 of Standard Form 26, Block 25 of Standard Form 33, or Block 18a of Standard Form 1449, whichever is applicable.
Frequency: The contractor shall submit invoices/vouchers for payment once each month, 60 of 77
GS10F0176V NRC-HQ-84-15-T-0001 unless otherwise authorized by the Contracting Officer.
Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sample form entitled "Invoice/Voucher for Purchases and Services Other Than Personal". Alternate formats are permissible only if they address all requirements of the Billing Instructions. The instructions for preparation and itemization of the invoice/voucher are included with the sample form.
Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task order with pricing information. This includes items discussed in paragraphs (a) through (p) of the attached instructions. In addition, the invoice/voucher must specify the contract number, and the NRC-assigned task/delivery order number.
Final vouchers/invoices 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 Fixed-Price Type Contracts (July 2011).
INVOICE/VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT - COVER SHEET)
- 1. Official Agency Billing Office NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop O3-E17A Rockville, MD 20852-2738
- 2. Invoice/Voucher Information
- a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payees Data Universal Number (DUNS) or DUNS+4 number that identifies the Payees name and address. The DUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
- b. Taxpayer Identification Number. The Payee shall include the Payees taxpayer identification number (TIN) used by the Internal Revenue Service (IRS) in the administration of tax laws.
(See IRS Web site:
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Employer-ID-Numbers-(EINs)).
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GS10F0176V NRC-HQ-84-15-T-0001
- c. Payees Name and Address. Show the name of the Payee as it appears in the contract and its correct address. Where the Payee is authorized to assign the proceeds of this contract in accordance with the clause at FAR 52.232-23, the Payee shall require as a condition of any such assignment, that the assignee shall register separately in the System for Award Management (SAM) database at http://sam.gov and shall be paid by EFT in accordance with the terms of this contract. See Federal Acquisition Regulation (FAR) 52.232-33(g) Payment by Electronic Funds Transfer - Central Contractor Registration (October 2003).
- d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSA Federal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple Agency Contract (MAC) number, as applicable.
- e. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than one task order per invoice or the invoice may be rejected as improper.
- f. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginning with 001 should be designated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3-digit sequential number.
- g. Date of Invoice/Voucher. Insert the date the invoice/voucher is prepared.
- h. Billing Period. Insert the beginning and ending dates (day, month, year) of the period during which deliverables were completed and for which payment is requested.
- i. Description of Deliverables. Provide a brief description of supplies or services, quantity, unit price, and total price.
- j. Work Completed. Provide a general summary description of the services performed or products submitted for the invoice period and specify the section or Contract Line Item Number (CLIN) or SubCLIN in the contract pertaining to the specified contract deliverable(s).
- k. Shipping. Insert weight and zone of shipment, if shipped by parcel post.
- l. Charges for freight or express shipments. Attach prepaid bill if shipped by freight or express.
- m. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.
- n. For Indefinite Delivery contracts, the final invoice/voucher shall be marked FINAL INVOICE" or "FINAL VOUCHER".
- o. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.
- p. Adjustments. Insert columns for any adjustments, including outstanding suspensions for deficient or defective products or nonconforming services, for the current and cumulative periods.
- q. Grand Totals.
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GS10F0176V NRC-HQ-84-15-T-0001 J.2 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (MAY 2013)
General: During performance and through final payment of this contract, the contractor is responsible for the accuracy and completeness of data within the Central Contractor Registration (CCR) database and for any liability resulting from the Governments reliance on inaccurate or incomplete CCR data.
The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner and format described herein. FAILURE TO SUBMIT INVOICES/VOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICE/VOUCHER AS IMPROPER.
Standard Forms: Reimbursement requests shall be submitted on the payee's letterhead, invoice/voucher, or on the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet."
Electronic Invoice/Voucher Submissions: The preferred method of submitting invoices/vouchers is electronically to the U.S. Nuclear Regulatory Commission, via email to:
NRCPayments@nrc.gov.
Hard-Copy Invoice/Voucher Submissions: If you submit a hard-copy of the invoice/voucher, a signed original and supporting documentation shall be submitted to the following address:
NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop O3-E17A Rockville, MD 20852-2738 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) 13.1, IV, C - Reporting Requirements (revised 2/16/2011).
Agency Payment Office: Payment will continue to 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 requests for reimbursement once each month, unless otherwise authorized by the Contracting Officer.
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GS10F0176V NRC-HQ-84-15-T-0001 Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sample form entitled "Invoice/Voucher for Purchases and Services Other Than Personal". Alternate formats are permissible only if they address all requirements of the Billing Instructions. The instructions for preparation and itemization of the invoice/voucher are included with the sample form.
Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task order with detailed cost information. This includes all applicable cost elements and other items discussed in paragraphs (a) through (s) of the attached instructions. In addition, the invoice/voucher must specify the contract number, and the NRC-assigned task/delivery order number.
Billing of Costs after Expiration of Contract: If costs are incurred during the contract period and invoiced 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.
INVOICE/VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT - COVER SHEET)
- 1. Official Agency Billing Office NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop O3-E17A Rockville, MD 20852-2738
- 2. Invoice/Voucher Information
- a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payees Data Universal Number (DUNS) or DUNS+4 number that identifies the Payees name and address. The DUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
- b. Taxpayer Identification Number. The Payee shall include the Payees taxpayer identification number (TIN) used by the Internal Revenue Service (IRS) in the administration of tax laws.
(See IRS Web site:
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Employer-ID-Numbers-(EINs)).
- c. Payees Name and Address. Show the name of the Payee as it appears in the contract and its correct address. If the Payee assigns the proceeds of this contract as provided for in the 64 of 77
GS10F0176V NRC-HQ-84-15-T-0001 assignment of claims terms of this contract, the Payee shall require as a condition of any such assignment, that the assignee shall register separately in the Central Contractor Registration (CCR) database at http://www.ccr.gov and shall be paid by EFT in accordance with the terms of this contract. See Federal Acquisition Regulation (FAR) 52.232-33(g) Payment by Electronic Funds Transfer - Central Contractor Registration (October 2003).
- d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSA Federal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple Agency Contract (MAC) number, as applicable.
- e. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than one task order per invoice or the invoice may be rejected as improper.
- f. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginning with 001 should be designated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3-digit sequential number.
- g. Date of Invoice/Voucher. Insert the date the invoice/voucher is prepared.
- h. 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.
- i. Description of Deliverables. Provide a brief description of supplies or services, quantity, unit cost, and total cost.
- j. Work Completed. Provide a general summary description of the services performed or products submitted for the invoice period and specify the section or Contract Line Item Number (CLIN) or SubCLIN in the contract pertaining to the required deliverable(s).
- k. Shipping. Insert weight and zone of shipment, if shipped by parcel post.
- l. Charges for freight or express shipments. Attach prepaid bill if shipped by freight or express.
- m. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.
- n. For Indefinite Delivery contracts, the final invoice/voucher shall be marked "FINAL INVOICE or "FINAL VOUCHER".
- o. 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 Labor. This consists of salaries and wages paid (or accrued) for direct performance of the contract itemized as follows:
Labor Hours Cumulative Category Billed Rate Total Hours Billed (2) Fringe Benefits. This represents fringe benefits applicable to direct labor and 65 of 77
GS10F0176V NRC-HQ-84-15-T-0001 billed as a direct cost. Where a rate is used indicate the rate. Fringe benefits included in direct labor or in other indirect cost pools should not be identified here.
(3) 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.
(4) Contractor-acquired property (under $50,000), Materials, and Supplies. These are equipment other than that described in (3) 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.
(5) Premium Pay. This enumeration in excess of the basic hourly rate. (Requires written approval of the Contracting Officer.)
(6) 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).
(7) Travel. Total costs associated with each trip must be shown in the following format:
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.)
(8) Subcontracts. Include separate detailed breakdown of all costs paid to approved subcontractors during the billing period.
(9) Other Costs. List all other direct costs by cost element and dollar amount separately.
- p. Indirect Costs (Overhead and General and Administrative Expense). Cite the formula (rate and base) in effect in accordance with the terms of the contract, during the time the costs were incurred and for which reimbursement is requested.
- q. Fixed-Fee. If the contract provides for a fixed-fee, it must be reimbursed as indicated in the contract. Cite the formula or method of computation. Include this information as it applies to individual task orders as well.
(1) The NRC will withhold payment of 15% of the negotiated contract fixed-fee amount, not to exceed $100,000.
(2) If the fee withholding amount has reached $100,000, the contractor may resume 66 of 77
GS10F0176V NRC-HQ-84-15-T-0001 billing the NRC for the balance of its fee under subsequent invoices for work completed.
(3) Any fee amounts withheld by the NRC will be paid to the contractor during contract closeout in increments, following the submission/settlement of indirect rate proposals in accordance with FAR 52.216-8, Fixed Fee (JUN 2011).
- r. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.
- s. Adjustments. Insert columns for any adjustments, including outstanding suspensions for deficient or defective products or nonconforming services, for the current and cumulative periods.
- t. Grand Totals.
- 3. Sample Invoice/Voucher Information 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 labor $_________ $_________
(2) Fringe benefits (% of direct labor) $_________ $_________
(3) Government property ($50,000 or more) $_________ $_________
(4) Government property, Materials, and Supplies (under $50,000 per item) $_________ $_________
(5) Premium pay (NRC approved overtime) $_________ $_________
(6) Consultants Fee $_________ $_________
(7) Travel $_________ $_________
(8) Subcontracts $_________ $_________
(9) Other costs $_________ $_________
Total Direct Costs: $_________ $_________
(b) Indirect Costs (provide the rate information applicable to your firm)
(10) Overhead % of (Indicate Base) $_________ $_________
(11) General and Administrative (G&A) %
of (Indicate Base) $_________ $_________
Total Indirect Costs: $_________ $_________
(c) Fixed-Fee:
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GS10F0176V NRC-HQ-84-15-T-0001 (12) Fixed-Fee Calculations:
- i. Total negotiated contract fixed-fee percent___ and amount $_________
ii. 85% allowable fee amount $_________
iii. Cumulative fee billed on prior invoices $_________
iv. Fee due this invoice (not to exceed 85% of fee earned based upon negotiated contract fee percentage) $_________
Note: The fee balance withheld by NRC may not exceed $100,000.
Total Fixed-Fee: $_________ $_________
(d) Total Amount Billed $_________ $_________
(e) Adjustments (+/-) $_________ $_________
(f) 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 Labor - $2,400 Labor Hours Cumulative Category Billed Rate Total Hours Billed Senior Engineer I 100 $14.00 $1,400 975 Engineer 50 $10.00 $ 500 465 Computer Analyst 100 $ 5.00 $ 500 320
$2,400 1,760 hrs.
- 2) Fringe Benefits - $480 Fringe @ 20% of Direct Salaries Labor Fringe Category Salaries Amount Senior Engineer I $1,400 $280 Engineer $ 500 $100 Computer Analyst $ 500 $100
$2,400 $480
- 3) Government-furnished and contractor-acquired property ($50,000 or more) - $60,000 Prototype Spectrometer - item number 1000-01 = $60,000
- 4) Government-furnished and contractor-acquired property (under $50,000),
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GS10F0176V NRC-HQ-84-15-T-0001 Materials and Supplies - $2,000 10 Radon tubes @ $110.00 = $1,100 6 Pairs Electrostatic gloves @ $150.00 = $ 900
$2,000
- 5) Premium Pay - $150 Walter Murphy - 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> @ $10.00 Per Hour (Reg. Pay) = $100 x 1.5 OT rate = $150 (EX: Premium pay for this individual was approved and authorized under this contract by the NRC Contracting Officer by letter dated 6/1/2011.)
- 6) 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
- 7) 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
- 8) 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.)
- 9) Other Costs - $5,100 Honorarium for speaker at American Nuclear Society conference = $5,000 Nuclear Planet Journal subscription fee = $100
- 10) Overhead Expense - $41,148 Overhead @ 40% of Total Direct Costs
- 11) General and Administrative (G&A) Expense - $22,784 G&A @ 20% of Total Costs, excluding subcontracts and consultants
- 12) Fixed-Fee - $8,218 Fixed-Fee applied to Total Costs @ 5%
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GS10F0176V NRC-HQ-84-15-T-0001 Fixed-Fee Calculations:
- i. Total contract fixed-fee $100,000 ii. 85% allowable fee $85,000 iii. Cumulative fee billed on prior invoices $85,000 iv. Fee due this invoice (not to exceed 85% of fee earned based upon negotiated contract fee percentage) $8,218 Total Amount Billed $175,020 Adjustments (+/-) - $8,218 Grand Total $166,802 J.3 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (MAY 2013)
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 for any liability resulting from the Governments reliance on inaccurate or incomplete SAM data.
The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner and format described herein. FAILURE TO SUBMIT INVOICES/VOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS WILL RESULT IN REJECTION OF THE INVOICE/VOUCHER AS IMPROPER.
Standard Forms: Claims shall be submitted on the payee's letterhead, invoice/voucher, or on the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Other than Personal--
Continuation Sheet."
Electronic Invoice/Voucher Submissions: The preferred method of submitting vouchers/invoices is electronically to the U.S. Nuclear Regulatory Commission, via email to:
NRCPayments@nrc.gov.
Hard-Copy Invoice/Voucher Submissions: If you submit a hard-copy of the invoice/voucher, a signed original and supporting documentation shall be submitted to the following address:
NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop O3-E17A Rockville, MD 20852-2738 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) 13.1, IV, C - Reporting Requirements (revised 70 of 77
GS10F0176V NRC-HQ-84-15-T-0001 2/16/2011).
Agency Payment Office: Payment will continue to 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.
Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sample form entitled "Invoice/Voucher for Purchases and Services Other Than Personal". Alternate formats are permissible only if they address all requirements of the Billing Instructions. The instructions for preparation and itemization of the invoice/voucher are included with the sample form.
Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task order with detailed cost information. This includes all applicable cost elements and other items discussed in paragraphs (a) through (q) of the attached instructions. In addition, the invoice/voucher must specify the contract number, and the NRC-assigned task/delivery order number.
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 (July 2011).
INVOICE/VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT - COVER SHEET)
- 1. Official Agency Billing Office NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop O3-E17A Rockville, MD 20852-2738
- 2. Invoice/Voucher Information
- a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payees Data Universal 71 of 77
GS10F0176V NRC-HQ-84-15-T-0001 Number (DUNS) or DUNS+4 number that identifies the Payees name and address. The DUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
- b. Payees Name and Address. Show the name of the Payee as it appears in the contract and its correct address. If the Payee assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Payee shall require as a condition of any such assignment, that the assignee shall register separately in the System for Award Management (SAM) database at http://sam.gov and shall be paid by EFT in accordance with the terms of this contract. See Federal Acquisition Regulation (FAR) 52.232-33(g) Payment by Electronic Funds Transfer - Central Contractor Registration (October 2003).
- c. Taxpayer Identification Number. The Payee shall include the Payees taxpayer identification number (TIN) used by the Internal Revenue Service (IRS) in the administration of tax laws.
(See IRS Web site:
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Employer-ID-Numbers-(EINs)).
- d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSA Federal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple Agency Contract (MAC) number, as applicable.
- e. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than one task order per invoice or the invoice may be rejected as improper.
- f. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginning with 001 should be designated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3-digit sequential number.
- g. Date of Invoice/Voucher. Insert the date the invoice/voucher is prepared.
- h. 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.
- i. 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.
- j. 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.
- k. Shipping. Insert weight and zone of shipment, if shipped by parcel post.
- l. Charges for freight or express shipments. Attach prepaid bill if shipped by freight or express.
- m. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.
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GS10F0176V NRC-HQ-84-15-T-0001
- n. For Indefinite Delivery contracts, the final invoice/voucher shall be marked "FINAL INVOICE" or "FINAL VOUCHER".
- o. 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:
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.
- p. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.
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GS10F0176V NRC-HQ-84-15-T-0001
- q. Adjustments. Insert columns for any adjustments, including outstanding suspensions for unsupported or unauthorized hours or costs, for the current and cumulative periods.
- r. Grand Totals.
- 3. Sample Invoice/Voucher Information 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 74 of 77
GS10F0176V NRC-HQ-84-15-T-0001 Computer Analyst 100 $10.00 $1,000 320
$4,800 1,760 hrs.
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 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.
J.4 NRC FORM 187 Contract Security and/or classification Requirements 75 of 77