ML20203D513

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Forwards Solicitation Package Proposals for RS-IRM-97-195, Operation of NRC Data Centers. Written Questions Must Be Received Not Later than 10 Calendar Days Prior to Closing Date of Solicitation
ML20203D513
Person / Time
Issue date: 12/12/1997
From: Mearse S
NRC OFFICE OF ADMINISTRATION (ADM)
To:
AFFILIATION NOT ASSIGNED
References
CON-GENERAL NUDOCS 9712160218
Download: ML20203D513 (129)


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C NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 205S4001 4

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OFFERORS:

SUBJECT:

REQUEST FOR PROPOSAL NO. RS-IRM-97-195 ENTITLED

" OPERATION OF NRC DATA CENTERS" The U.S. Nuclear Regulatory Commission (NRC) is soliciting proposals for the project entitled above. The full scope of work anticipated is as set forth in Part I, Schedule.

This requirement is a 100% Small Business Set-Aside.

The solicitation package is enclosed. If you desire to respond, your proposal should address the proposal requirements set forth in Section L of the solicitation. All proposals will be evaluated against the evaluation criteria shown in Part IV, Section M.

Written questions must be received not later than ten (10) calendar days prior to the closing date of this solicitation.

If you have any questions concerning the requirements of this solicitation, please contact Edna Knox-Davin, Contract Negotiator, on (301) 415-6577 (collect calls will not be accepted).

Sincerely,

-, s N Q W LLt.CJ --)

LC.. )

r ,Sharon D. Mearse, P

ContracY2.ng Officer Contract Management Branch 3 Division of Contracts and Property Management Office of Administration

Enclosures:

I As stated  !

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9712160218 PDR 971212

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CONTR GENERAL FDR i

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Page 1- ,

., 12/11/97 l BIDDER'S MAILING LIST FOR SOLICITATION NUMF-R: RS-IRM-97-195 COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)

AEI, INC. 202-686-0212 PROJECT MANAGER 202-686-1673 CO P.O. BOX 5833 WASHINGTON, DC 20016 AIMSI 423-482-9879 GEORGE B. SANDERS 423-482-6238 575 OAK RIDGE TRUNPIKE SUITE B-3 OAK RIDGE, TN 37830 AMTI 202-776-0400 FIONA BARSHOW 202-452-0699 1101 15TH., NW, SUITE 900 WASHINGTON, DC 20005 APPLIED SYSTEMS MANAGEMENT, INC. 703-922-6436 JIM ZUMWALT 703-922-6436 6332 BROCKETTS CROSSING ALEXANDRIA, VA 22315 AQUASIS SERVICES INC. 850 433-0831 STEVE WESTERLUND 850-432-6899 904 EAST GADSDEN STREET P.O BOX 2605, PENSACOLA, FL 32513 ARAMARK TOWER 215-238-3000 MATTHEW BREITENBACH 215-238-3333 1101 MARKET STREET PHILADELPHIA, PA 19107 ATLANTIC COAST CONTRACTING, INC. 910-892-3127

'DELANEY RUDD 910-892 '/950 P.O. BOX 1086 DUNN, NC 38335 AUTOMATED SYSTEMS & PROG., INC., 301-718-3473 ERIC MC PHERSON 301-718-3666 7910 WOODMONT AVE SUITE 1450 BETHESDA, MD 20814

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12/11/97 BIDDER'S MAILING LIST-FOR SOLICITATION NUMBER
RS-IRM-97-195 COMPANY PHONE / FAX..

(Large Busineses are Identified with an Asterisk)

BASE TECHNOLO'3IES, INC. 703-848-2400 MEA LEWIS 703-848-0804 1749 OLD MEADOW ROAD MC LEAN, VA.22102 BN SYSTEM, INC. 716-662-9199 MARK F. REWERS 716-662-9290 4213 NORTH BUFFALO ROAD ORCHARD PARK, NY 14327 CENCOR CORPOATION 703-9.41-5916 VERONICA STEVENS 703-941-4309 5252 CHEROKEE AVENUE SUITE 300 ALEXANDRIA, VA 22312 CENCOR INFORMATION SYSTEMS 703-941-5916 CAROLYN S. WALL 703-941-4309 5252 CHEROKEE AVENUE, SUITE 300 ALEXANDRIA, VA 22312 CETROM 301-990-4111 DOUGLAS R. KUNZE, CPP,CQAE 301-990-6057 818-W. DIAMOND AVE. SUITE 101 GAITHERSBURG, MD 20878 CHEROKEE INFORMATION SERVICES INC., 703-416-0720 CHRISTINE BAUMAN 703-415-1450 CRYSTAL GATEWAY 3 SUITE 304 1215 JEFFERSON DAVIS HWY.,

ARLINGTON, VA 22202 ,

. COMPREHENSIVE TECH.-INTERNATIONAL 703-383-7200 BILL McCENEY 703-352-6765 3951 PENDER DRIVE SUITE 120 FAIRFAX, VA 22030 COMPUTER BASED SYSTEMS, INC. 703-849-8080

. ANN MARIE TRIPLETT 703-849-1763

. 2750 PROSPERITY AVE., SUITE 300 FAIRFAX, VA 22031

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', 12/11/97 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-IRM-97-195 COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)

COMPUTER RESOURCE MANAGEMENT, INC. 703-435-7613 EDITH TRUMP 703-834-1294 950 HERNDON PARKWAY SUITE 360 HERNDON, VA 20170 CONVENANT INDUSTRIES, INC. 626-330-3500 STATNEY LATTIN JR. 626-369-0471 P.O. BOX 5189 WEST COVINA, CA 91791 DATA MONITOR SYSTEMS, INC. 405-737-7950 WILLIAM L. HARPER 405-736-0723 1120 S. DOUGLAS BLVD.,

MIDWEST CITY, OK 73130 DCCA 301-621-8740 DAVID E. BOWEP., JR. 410-992-3760 P.O. BOX 2665 COLUMBIA, MD 21045 DEL MAR ASSOCIATES, INC. 703-491-3051 TONY -COMFORT 703-491-3051 3237 CISMONT COURT WOODBRIDGE, VA 22192 DP ASSOCIATES INC., 205-837-8300 TOMMIE L. BATTS 205-837-8454 4900 CENTURY STREET HUNTSVILLE, AL 35816 E.J. HERRING AND SON INC 410-798-0939 MARY CAMERON 410-798-6505 621 CENTRAL AVENUE UNIT 501 EDGEWATER, MD 21037 EIS SERVICES, INC. 703-749-0007 ROBERT-L. PATTERSON 703-749-0009 7700 LEESBURG PIKE SUITE 125 FALLS CHURCH, VA 22043

)

Page 4 12/11/97 BIDEER'S MAILING LIST FOR

.SOLICITATIO' NUMBER: RS-IRM-97-195 COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)

ERIN SERVICES, INC. 912-638-9916 DENNIS J. DONNELLY,III 912-638-5701 ERIN SERVICES, INC. P.O. BOX 24477 111 PALMETTO COURT ST. SIMONS ISLAND, GA 3:?.522 FEDERAL MANAGEMENT SYSTEMS, INC. 301-441-9451 ABE KELLIZY 301-441-8270 6401 GOLDEN TRIANGLE DRIVE, SUITE 450 GREENBELT,-MD 20770 FEDERAL SOURCES INCORPORATED 703-610-8700 JENNIFER ABBOTT 703-883-0362 8400 WESTPARK DRIVE 4Th FLOOR MC LEAN, VA 22102 FIRST FEDERAL CORPORATION 202-362-9884 SANDRA GUIDERA 202-244-2478 4910 MASSACHUTTS AVE. NW SUITE 16 1 WASHINGTON, DC 20016 G & M ASSOCIATES 919-544-7219 MICHEAL MACON 301-415-8157 4927 FAYETTEVILLE RD. SUITE 200 j DURHAM, NC 27713 G.C. MANAGEMENT ASSOCIATES 703-404-2259 JAN L. ATKINSON 703-404-2472 11124 RICH MEADOW DRIVE GREAT FALLS., VA 22066 GMSI 301-493-9193 SHERRY EMBREY TWO DEMOCRACY PLAZA

! 6707-DEMOCRACY BLVD, SUITE 200 BETHESDA, MD 20817 I

GOVERNMENT CONTRACT SREVICES 561-833-3385 JANE LOCKE 561-833-5388 1000 NORTH DIXIE HIGHWAY SUITE B WEST PLAM BEACH, FL 33401

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.. 12/11/9?

BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-IRM-97-195 COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)

IIT RESEARCH INSTITUTE 703-918-4480 PETER McGRATH NONE 1921 GALLOWS ROAD SUITE 730 VIENNA,.VA 22182 INFORMATION TECH. SOLUTIONS INC., 757-827-8443 KEVIN WAGER 757-827-3560 2021 CUNNINGHAM DRIVE, SUITE 303 HAMPTON, VA 23666 INNOVATIVE LOGISTICS 011-507-224-9847 ANTONIO JENKINS-LARA 011-507-224-9794 1505, BOX 025207 MIAMI, FL 33102 INTEGRITY MANAGEMENT INTERNAITONAL 510-934-6771 SUSAN LIPSCOMB 510-934-8249 1931 SAN MIGUEL DRIVE SUITE 210

, WALNUT CREEK, CA 94596 ITS FEDERAL 805-641-0093 CAMILLE R. MORRIS 805-641-0190 P.O. BOX 1148 VEFTURA, CA 93002 ITS SERVICES, INC. 703-644-6433 STEPHANE BRAUN 703-644-6435 6800 BACKLICK ROAD SUITE 204 SPRINGFIELD, VA 22150 J . H . M. RIX3 INC. , 301-270-1225 RICK KEIR 301-270-3585 6930 CARROLL AVE., SUITE 700 TAKOMA PARK, MD 20912 JRS MANAGEMENT 301-248-1309 JACQULINE SIMS 301-248-5628 l 3104 LUMAR DRIVE ,

! FORT WASHING'4 . n , MD 20744 l

. . _. -._ . . . . . _ _ - - . _ _ _ _ . _ - _ - . . . . . _ _ . _ _ . _ _ . . . _ _ _ . . . ._ _.~

l C , Page. 6 12/11/97 ,

4

~

BIDDER'S~ MAILING. LIST FOR' SOLICITATION NUMBER: RS-IRM-97-195 COMPANY ~ .

PHONE / FAX (Large Busineses_are Identified.with an Asterisk)

- KATHPAL TECH INC. 703-573-7791-RICHARD HARRISON- .703-573-7793 l

2230-GALLOWS ROAD SUITE 380  !

I ~ DUNN.LORING, VA 22027

- KEVRIC COMPANY, INC. - 301-588-6000 DAVID W.-ALLEN SR.. 301-588-1777 i

. SILVER SPRING METRO PLAZA ONE.

8401 COLESVILLE ROAD, SUITE 610 SILVER SPRING,, MD 20910

. LABAT- ANDERSON INC. 703-506-9600

MIRA ALI' 703-506-4646-8000 WESTPARK DRIVE SUITE 400 MC LEAN, VA 22'02 4

LADUCER:& ASSOCIATES, INC. 701-667-1980 JEFF GRANT 701-667-2970 201 MISSOURI DRIVE MANDAN, ND 58554 i

LANDIS &'STAEFA 847-215-5131 l- SUSAN'GOELDNER 'NONE

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FACILITY MANAGEMENT SERVICE 801 ASBURY DRIVE

!' - BUFFALO GROVE, IL 60063 LBB, INCORPORATED 757-893-9159

, DORIS HERTEL 757-893-9lL78

- 13 KOGER CENTER STE. 100 i

NORFOLK,' VA-23502 i=

MANAGEMENT SOLUTIONS LLC 505-768-8743 i- JOHN-THIES- NONE 15 FUTURITY? PLACE e TIJERAS, NM F~059-L

. MANY ARROW R CORPORATION -

804-253-0344 f M.-ROSE

. P.O.' DRAWER KJ

WILLIAMSBURG,'VA 23187 ue + ,m- + ,, es % , --,--.-.-,..tr. am_ -

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Page 7

, 12/11/97 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-IRM-97-195 COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)

MC NEIL TdCHNOLOGIES, INC. 703-921-1600 KAREN THOMAS 703-921-1610 6564 LOISDALE COURT SUITE 800 SPRINGFIELD,, VA 22150 MCSI TECHNOLOGIES INC- 301-495-4444 MARION A. PORTER 301-495-4475 8401 COLESVILLE ROAD SUITE 305 SILVER SPRING, MD 20910 MSTC, INC., 703-385-7074 NANCY DEWEY 703-385-7040 3541 CHAIN BRIDGE ROAD, #9 FAIRT M, VA 22030 J

MULTIMAX, INC., 703-761-7988 MICHELLE Y. FLING 703-761-1998 1608 SPRING HILL ROAD SUITE 438 VIENNA, VA 22182 NATI 202-397-2200 K.J.-ANDERSON 202-396-6566 3703 BENNING ROAD NE.,

WASHIN3 TON, DC 20019 NETWORK AUTOMATION TECH. 703-714-6997 DOUGH INGLES 703-714-6998 8201 GREENSBORO DR SUITE 1000 McLEAN, VA 22102 NVT TECHNOLOGIES INC., 703-406-8000 TIMOTHY F. REGAN 703-406-0751 21515 RIDGETOP CIRCLE SUITE 300 STERLING, VA 20166

.1 OFFICE MANAGEMENT &' DESIGN CONS., 301-218-8300 GLORIA H. REASE 301-218-8395 j 1300 MERCANTILE LANE SUITE 139 LANDOVE'R, MD 20785 )

l

1 Page 8 '.

12/11/97 '

BIDDER'S MAILING L'.'ST FOR SOLICITATION NUMBER: RS-IRM-97-195 -

1 COMPANY .

PHONE / FAX (Large Busineses are Identified with an Asterisk)

ONES MEDICAL SERVICES LARRY W.DANCY 301-415-8157 425 SOUTHLAKE BLVD, SUITE 2B RICHMOND, VA 23236 PEMCO CONSULTING INC. 757-437-8862 MR. PRESCOTT SHERROD 757-437-8836 615 N. BIRDNECK RD. SUITE 109 VIRGINIA BEACH, VA 23451 PRAGMATICS INC. 703-761-4033 DR. KIM NGUYEN 703-761-4089 8301 GREENSBORO DRIVE SUITE 225 MC LAN, VA 22102 1

PROFESSIONAL PERFORMANCE DEV. CCRP. 210-615-1117 KLAUS M. SCHONFELD 210-615-1158 7272 WURZBACH ROAD SUITE 1504 SAN ANTONIO, TX 78240 PULSAR DATA SYSTEMS INC. 301-415-6577 VICTOR SMIGEL 301-415-8157 4500 FORBES BLVD.,

LANHAM, MD 20706 l

PURDEY ASSOCIATES ENG. 757-898-1241 LOUIS A. PURDEY 757-898-1241 P.O. BOX 1158 YORKTOWN, VA 23692 R&A TECHNICAL SERVICES 801-524-0100 MARK HOSKINS 801-525-0081 66 EAST EXCHANGE PLACE SALT LAKE CITY, UT 84111 RAI RAPID 301-776-5000 MARK POMPLON 301-776-3690 8221 PRESTON COURT JESSUP, MD 20794 O

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. 12/11/97 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-Iic"-97-195 COMPANY PHONE / FAX

.(Large Busineses are Identified with an Asterisk)

REMTECH SERVICES, INC. 757-873-8733 JOHN D. SHERIFF 757-873-8403 804 MIDDLE GROUND BLVD., SUITE A NEWPORT NEWS,, VA 23606 RGI, INC. 703-820-4900 LAURA KRUCZKOWSKI 703-820-4906 5203 LEESBURG PIKE, SUITE 1300 FALLS CHURCH,, VA 22041 .

RICK MONTOYA SERVICES, INC. 505-523-2500 JOSEPH L. STACK 505-523-5600 WESTERN BANK BUILDING 201 N. CHURCH ST., SUITE 308 LAS CRUCES, NM 88001 RIO TECHNICAL SERVICES, INC. 817-735-8264 LINDY R. WALKER 817-735-8342 4636 SW LOOP 820 SUITE 183 FT. WORTH., TX 76109 RSIS. 703-734-7800 ZENI ZOLETA 703-734-7808 1651 OLD MEDOW ROAD STH FLOOR MC LEAN, VA 22102 RULAND ASSOCIATES, INC., 304-728-6225 JAMES RULAND 304-728-0136 P.O. BOX 790 CHARLES TOWN,, WV 25414 SCITECH SERVICES, INC. 410-671-710e LESLIE BARNETT 410-676-2304 1311 CONTINENTAL DRIVE SUITE G, ABINGDON, MD 21009 g SDC, INCORPORATED 205-971-0042 i

V.P. GILCHRIST 205-971-0047 l 6703 ODYSSEY DRIVE, SUITE 103 HUNTSVILLE, AL 35806 l

Page 10 12/11/97 BIDDER'S MAILING LIST-FOR SOLICITATION NUMBER: RS-IRM-97-195 COMPANY PHONE / FAX-(Large Busineses are Identified- with an Asterisk'i SETA 703-821-8178 JOHN E. LEONARZ DIRECTOR, CONTRACTS 703-821-8274 6862 ELM STREET MC LEAN, VA 22101 SHERIKON INC. 301-698-2686 SHARON ORCHARD 301-698-9894 92 THOMAS JOHNSON DRIVE SUITE 130 FREDERICK, MD 21702 SMART TECHNOLOGY INC. 703-9A1-9080 CLIFTON JOHNSON SR 703-941-9084 5510 CHEROKEE AVE SUITE 110 ALEXANDRIA, VA 22312 SSSI CORPORATION 410-381-2342 DANA GOODRICH 410-381-2344 9891 BROKEN LAND PARKWAY SUITE 100 COLUMBIA, MD 21046 STATELLITE SERVICES 906-228-6492 DENNIS LA PORTE 906-226-3997 309 S FRONT -

MARQUETTE, MI 49855 STG, INC. 703-691-2430 MAUREEN SCHREIBER 703-691-3467 3702 PENDER DRIVE, SUITE 250 FAIRFAX, VA 22030 SYMTECH CORPORATION 209-836-4733

-ROY AUSTIN 209-832-1154 3089 TRACY BLVD #201 TRACY, CA 95376 SYSTEMS PLU, INC. 301-948-4232 CHERLY GINGRAS 301-948-3918

. 1370 PICCARD DRIVE, SUITE 270 ROCKVILLE, MD 20850 e ~'

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. 12/11/97 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-IRM-97-195 COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)

SYTEL INC. 301-530-1000 PHILLIP C. SELZ 301-530-1032 6430 ROCKLEDGE DRIVE SUITE 400 BETHESDA, MD 20817 TAM INC., 301-220-0010 CHARLES G. DAVIS 301-220-0082 6411 IVY LANE, SUITE 502 GREENBELT, MD 20770 TECH SYSTEMS, INC 301-469-7762 MARSHALL L. SNEIDERMAN 301-469-6413 P O. BOX 50 CABIN JOHN, MD 20818 THE MIL CORPORATION 301-805-8500 LEE ANN 'OMALLEY 301-805-8505 OMINI PROFESSIONAL CENTER 4000 MITCHELLVILLE ROAD, SUITE 212 BOWIE, MD 20716 TRANSTECS CORPORATION 316-651-0389 GODWIN OPARA NONE ENG. MGMT SERVICE P.O. BOX 781912 WICHITA, KS 67278 UHD 301-340-8899 JOSEPH L. FORD JR., 301-217-0131 20 WEST GUDE DRIVE, ROCKVILLE, MD 20850 USROBOTECH, INC 817-284-9866 SHAWNDA E. TAYLOR 817-284-4922 305 N.E. LOOP 820, SUITE 602 HUSTON, TX 76053 WALL STREET NETWORK., INC. 212-635-0100 MARIE MAZELIS 212-635-0030 100 WALL STREET NEW YORK, NY 10005

Page 12 12/11/97 BIDDER'S MAILING LIST FOR SOLICITATION NUMBER: RS-IRM-97-195 COMPANY PHONE / FAX (Large Busineses are Identified with an Asterisk)

WANG GOVERNMENT SERVICES INC. 703-827-3948 JAMES BRADY,M\S 1103 703-827-6333 7900 WEST PARK DRIVE, MC LEAN, VA 22102 WILKINS SYSTEMS, INC. 301-270-4501 MICHEAL. A. SHAFFER 301-270-2256 7112 WILLOWS AVE TAKOMA PARK, MD 20912 WPI INC., 301-294-8811 NOEL M. MUSSELMAN 301-309-6830 250 HUNGERFORD DRIVE SUITE 109 ROCWILLE, MD 20850 Z,INC. 301-585-3403 JOSEPH BROSS NONE 8630 FENTON STREET SUITE 510 SILVER SPRING, MD 20910 ZAI AMELEX 703-883-0506 SUZANNA SWENSON 703-883-0526 829 BOONE BLVD

, SUITE 300 VIENNA, VA 22182 7

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SOLICITATION, OFFER AND AWARD Page 1 of 3 Pages

1. This contract is a rated order unda- DPAS(15 CFR 700) RATING:
2. CONTRACT NO. 3. SOLICITATION NO. 14. TYPE OF SOLICITATION RS-IRM-97-195 [ ] SEALED BID (IFB)

[X) NEGOTIATED (RFP)

5. DATE ISSUED 6. REQUISITION / PURCHASE REQ. NO.

IRM-97-195

7. ISSUED BY CODE 8. IDDRESS OFFER TO ATTN: RS-IRM-97-195 (If other than Item 7)

U.S. Nuclear Regulatory Commission Div. of Contracts & Prop. Mgmt.

Contract Management Branch No. 3 Mailstop T-712 Washington, D.C. 20555 NOTE: In sealed bid solicitations, " offer"/" offeror" mean " bid"/" bidder".

SOLICITATION 9- Sealed offers for furnishing the services or supplies in the schedule are aue at 3:30 PM, Washington, DC local time on 'jAN 121944 . Offers sent through the U.S. Mail (including U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee) must be addressed to the place specified in Item 7.

All hand-carried offers including those delivered by private del 3very services (e.g. Federal Express and Airborne Express) must be delivered to the loading dock security station located at 11555 Rockville Pike, Rockville, Maryland 20852 and received in the depository located in Room T7-12. All offerors should allow extra time for internal mail distribution. NRC is a secure facility with perimeter access-control and NRC personnel are only available to receive hand-carried offers during normal working hours, 7: 30 AM - 3:30 PM, Monday through Friday, excluding Federal holidays.

Offerors should clearly identify the RFP number on the outside wrapper. IFBs should have the Optional Form (OF) 17, " Sealed Bid Label," affixed to the outside wrapper.

CAUTION - LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS. SEE SECTION L.

PROVISION NO. 52.214-7 OR 52.215-10.

All offers are subject to all terms and conditions contained in this solicitation. (See the Provision in Section L, " Proposal Presentation and Format.")

IO. FOR INFORMATIONlA. NAME: lB. TELEPHONE NO. (Include Area Code)

CALL: Edna Knox-Davin (NO COLLECT CALLS)

(301) 415-6577 EXCEPTION TO STANDARD FORM 33 (REV.4-85) Prescribed by GSA FAR(48 CFR) 53. 214 (c) i I

L -

SOLICITATION, OFFER AND AWARD Page 2 of 3 Pages

.11. TABLE OF CONTENTS-

.X SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS

-C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K _ REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M- EVALUATION FACTORS FOR AWARD OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is

-occepted within calendar days (60 calendar days unless a different period is inserted by the of feror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point (s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS
14. ACKNOWLEDGMENT OF AMENDMENTS The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

AMENDMENT NO. DATE AMENDMENT NO. DATE^

EXCEPTION TO STANDARD FORM 33 (REV.4-85) Prescribed by GSA FAR (4 8 CFR) 53. 214 (c) e

- . _ _ _ - _.- - . = .

SOLICITATION, OFFER AND AWARD Page 3 of-3 Pages OFFER (CONTINUED) 15A,-NAME AND CODE _l l FACILITY _l 16. NAME AND TITLE OF PERSON ADDRESS AUTHORIZED TO SIGN OFFER OF (Type or print)

OFFEROR 15B. TELEPHONE NO. (Include Area 15C. CHECK IF REMITTANCE ADDRESS IS Code) () DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

17. SIGNATURE: 18. OFFER DATE:

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

(} 10 U.S.C. 2304 (c) ( ) () 41 U.S.C. 253 (c) ( )

23. SUBMIT INVCICES TO ADDRESS SHOWN IN ITEM (4 copies unless otherwise specified)
24. ADMINISTERED BY. CODE l 25. PAYMENT WILL BE MADE BY CODE l (If other than Item 7) U.S. Nuclear Regulatory Commission Division of Accounting & Finance GOV /COM Accounting Sec. - T9-E2 Washington, DC 20555
26. NAME OF CONTRACTING OFFICER 27. UNITED STATES OF AMERICA 28. AWARD (Type or Print) DATE (Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form or on Standard Form 26, or by other authorized official written notice.

EXCEPTION TO STANDARD FORM 33 (REV.4-85) Prescribed by GSA FAR (4 8 CFR) ' 53. 214 (c)

TABLE OF_ CONTENTS _PAGE SOLICITATION, OFFER AND AWARD

-PART I - THE SCHEDULE

. . . . - , . . . . . . . . . . . . . . . . . . 5

'SECTION B --SUPPLIES OR SERVICES AND PRICES / COSTS . . . . . . . . . 5 B.1 . PROJECT TITLE . . . . . . . . . .- . . . . . . . . . 5 B.2 BRIEF DESCRIPTION OF h'ORK (MAR 1987) . . . . . . . . . 5

'B.3 - CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE . .- 5 (JUN 1988) ALTERNATE I (JVN.1991)

~

SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT . . . . . . . 6 SECTION D - PACFAGING AND= MARKING . . . . . . . . . . . . . . . . . 22 D.1: PACKAGING AND MARKING (MAR 1987) . . . . . . . . . . . 32

-SECTION E - INSPECTION AND ACCEPTANCE . . . . . . . . . . . . . . . 23 E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 23 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) . . . . 23

'SECTION F - DELIVERIES OR PERFORMANCE . . . . . . . . . *

. . . . . 24 F.1- 52.252-2 CLAUSES INCORPORATED BY REFERENC) ,JUN 1988 ) 24 F.2 2052.212-72 FINANCIAL STATUS REPORT (DEC 1  :) . . . . 24 F.3 PLACE OF DELIVERY--REPORTS (JUN 1988) . . . . . . . 26

, F.4 . DURATION OF CONTRACT PERIOD (MAR'1987) . . . . . . . . 26 ALTERNATE'2 (MAR 1987)

F.5 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL . . . 26 VIEWS (DPVs)

F.6 REPORTS AND DOCUMENTATION . . . . . . . . . . . . . . 27 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . 29 G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY . . . . . 29 (JAN 1993)

G.2 NRCAR 2052.216-71 INDIRECT COST RATES (JAN 1993) . . . 31 G.3 USE OF AUTOMATED CLEARING HOUSE (ACH) . . . . . . . . 31 ELECTRONIC PAYMENT

-G.4 LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . 32

-SECTION H - SPECIAL CONTRACT REQUIREMENTS . . . . . . . . . . . . . 34 H.1 2052.204-70 SECURITY , . . . . . . . . . . . . . . . 34 H.2 -NRCAR 2052.204 *,4 SITE ACCESS BADGE . . . . . . . . . 39 REQUIREMENTS - (JAN 1993)

H.3 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL . . . . . 39 CONFLICTS OF INTEREST (JAN 1993)

H.4 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993) . . . . . . 44 H '. 5 -NRCAR 2052.235-72 SAFETY, HEALTH, AND FIRE . . . . . . 45 PROTECTION (JAN 1993)

.H 6 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS . . 45 (NOV 1989)

H.7- GOVERNMENT FURNISo3D EQUIPMENT / PROPERTY - NONE PROVIDED 45 (JUN 1988) 1-

TABLE OF CONTENTS PAGE H.8 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS . . . . . . 45 CONVICTED OF DRUG 'RAFFICKING OR POSST SION (SEP 1990)

PART II -

CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . 46 SECTION I -

CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . 46 I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 46 I.2 52.217-9 OPTION TO EXTEND THE TERM OF THE . . . . . . 48 CONTRACT (MAR 1989)

I.3 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) . . 48 I.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR . . . . . 49 FEDERAL HIRES (MAY 1989) 1.5 52.216-21 REQUIREMENTS (OCT 1995) . . . . . . . . . . 50 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . 52 SECTION J - LIST OF ATTACHMEN'1S . . . . . . . . . . . . . ., . . . . 52 J.1 ATTACHMENTS (MAR 1987) . . . . . . . . . . . . . . . . 52 PART IV - REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . 53 SECTION K - REPRESENTATIONS, CERTIFICATIONS, ANE . . . . . . . . . 53 OTHER STATEMENTS OF OFFERORS K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMEN 53 TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)

K2 52.204-3 TAXPAYER IDENTIFICATION (JUN 1997) . . . . . 54 K.3 52.204-6 CONTRACTOR IDENTIFICATION NUMBER--DATA UNIVERS 55 NUMBERING SYSTEM (DUNS) NUMBER (DEC 1996)

K.4 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 56 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)

K.5 52.215-6 TYPE OF BUSINESS ORGANIZATION . . . . . . . 58 (JUL 1987)

K.6 52.215-11 AUTHORIZED NEGOTIATORS (APR 1984) . . . . . 58 K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS . . . 59 (J7N 1997)

K,C 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES . 61 (APR 1984)

K.9 52.222-22 "REVIOUS CONTRACTS AND COMPLIANCE REPORTS . 62 (APR 1984)

K.10 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) . . 62 K.11 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) 62 K.12 NRCAR 2052.209-70 QUALIFICATIONS OF CONTRACT . . . . . 63 EMPLOYEES (JAN 1993)

K 13 NRCAR 2052.209-71 CURRENT /FORMER AGENCY . . . . . . . 63 EMPLOYEE INVOLVEMENT (JAN 1993)

K.14 NRCAR 2052.209-72 CONTRACTOR ORGANIZATIONAL , . . . . 64 "WFLICTS OF INTEREST (REPRESENTATION) (JAN 1993)

SECTION ' NSTRUCTIONS, CONDITIONS, AND . . . . . . . . . . . . . 65

. NOTICES TO OFFERORS ii

_________________-_________________________________m_-_____________--m__

TABLE OF CONTENTS PAGE L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED . . . . 65 BY REFERENCE (JUN 198 8 )

L.2 52.215-41 REQUIREMENTS FOR COST OR PRICING DATA OR . . 65 INFORMATION OTHER THAN COST OR PRICING DATA (JAN 1997) ALTERNAT'i: I (OCT 1995)

L.3 52.216-1 TYPE OF CONTRACT (APR 1984) . . . . . . . . 67 L.4 52.233-2 SERVICE OF PROTEST (AUG 1996) . . . . . . . 67 L.5 52.237-1 SITE VISIT (A;R 1984) . . . . . . . . . . 68 L.6 NECAR 2052.215-74 TIMELY RECEIPT OF PROPOSALS (JAN 1993 68 L.7 NRCAR 2052.215-75 AWARD NOTIFICATION AND . . . . . . . 68 COMMITMENT OF PUBLIC FUNDS (JAN 1993)

L.8 NRCAR 2052.215-76 DISPOSITION OF PROPOSALS . . . . . . 69 L.9 2052.215-77 PROPOSAL PRESENTATION AND FORMAT (DEC 1995) 69 L.10 NRCAR 2052.216-70 LEVEL OF EFFORT (JAN 1993) . . . . . 72 L.11 NRCAR 2052.222-70 NONDIJCRIMINATION BECAUSE . . . . . 72 OF AGE (JAN 1993)

L 12 ACCEPTANCE PERIOD (MAR 1987) . . . . . . . . . . . . . 73 L.13 ESTIMATED DURATION (JUN 1988) . . . . . . . . . . . . 73 L.14 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC . . . 73 PAYMENT / REMITTANCE ADDRESS SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . 75 M.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED . . . . 75 BY REFERENCE (JUN 1988)

M.2 NRCAR 2052.215.84 CONTRACT AWARD AND EVALUATION . . . 75 OF PROPOSALS -

TECHNICAL MERIT MORE IMPORTANT THAN COST (JAN 1993)

M.3 EVALUATION CRITERIA (MAR 1987) . . . . . . . . . . . . 76 1ii

ES-:RM '7-195 Section B .

PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS B.1 PROJECT TITLE The title of this project is as follows:

Operation of NRC Data Centers

[End of Clause)

B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)

The Contractor chall provide the necessary personnel and resources and other services necessary to assist the NRC in the analysis, review, maintenance and update of the NRC Data Centers Operations Manual, as well as the operation and management of those facilities in accordance with the NRC Data Center Operations Manual.

[End of Clause)

B.3 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE (JUN 1988) ALTERNATE I (JUN 1991)

(a) The total estimated cost to the Government for full performance of this contract is * , of which the sum of

  • represents the estimated reimbursable costs, and of which
  • represents the fixed fee.

(b) There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost for performance of that work.

(c) The amount currently oblige.ted by the Government with respect to this contract is * , of which the sum of

  • represents the estimaEed~Feimbursable costs, and of whiEh represents the fixed fee.

(d) It is estimated that the amount currently allotted will cover performance through *

[End of Clause)

  • To be incorporated into any resultant contract Page 5 of 76 4

,- =--

RS-IRM-97-:.95 Section C SECTION C - DESCRIPTION / SPECIFICATION / WORK STATEMENT C.1 STATEMENT OF WORK C.1.1 Purpose The Contractor shall provide the necessary personnel, supervision, and resources to support the U.S. Nuclear Regulatory Commission's Data Centers operations.

C.1.2 Background C.1.2.1 Definition! Acronyms 24 by 7 - 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day,7 days per week AD - Advanced Design ARMS - Automated Records Management System .

Availability - The time the data center shall be available to users CBT - Computer Based Training CCSS - Computer & Communication Support Section CM - Configuration Management COTR - Contracting Officer Technical Representative Coverage - The time the Contractor shall be onsite covering the data center NDCOM - NRC's Data Center Operation Manual ERDS - Emergency Response Data System NRC - U.S. Nuclear Regulatory Commission Nudocs - Nuclear Document search and retrieval application OEM - Original Equipment Manufacturer Operation - The time the data center shall be up and available for use OWFN - One White Flint North Project Manager - Contractors on site project manager Project Officer - Government's contract monitor and technical adviser Task Manager - Government's technical adviser on a special application TWFN - Two White Flint North C.1.2.2 Data Center Description The NRC operates three Data Centers located in Rockville, Maryland. Two of these Data Centers are at the White Flint North complex with the third Data Center at 40 West Gude Drive. Each Data Center has its own schedule for operation and coverage detailed elsewhere in the solicitation.

Page 6 of 76

RS-IRM-97-195 u O

The primary Data Center is ir .'wo White Flint North,1150 'tdah N. E i me, MD 20852. This center houses the NRC computers uset k mcws M av V 3 administrative systems, such as Payroll and Personnel and U %0'cidy %ponse i

Data System. The TWFN Center also provides remote print %; ma the timesharing

, computing resources at the NationalInstitutes of Health, Idaho National Engineering .

i Laboratory, U.S. Department of Treasury and other facilities.

A contingent facility to the TWFN Data Center is in One White Flint North,11555 i Rockville Pike Rockville, MD 20852. This center also serves as an output distribution location for the OWFN building. Monitoring of the equipment in this center is done remotely from the TWFN center and generally operates as a lights out center. This

center is checked hourly when reports are delivered. ,
The Gude Data Center, at 40 West Gude Drive, Rockville, MD 20850, supports the .

. NRC's Nudocs transaction processing application. During the first six months of this contract, the NRC plans to convert the transaction processing to a new platform. NRC anticipate's that this new platform will not require Operator support and will result in <

reduction in effort during the contract.

l Throughout the life of this contract the NRC anticipates that the level of effort will be reduced due to the conversion of our current applications onto new platforms. The reduction in effort should level off by the year 2000. Any reduction in effort shall be accompanied by a supplemental agreement to this contract.

1 C.1.2.3 Hardware Description NRC has the following types of computer hardware installed in the Data Centers: Data General (DG) MV/10000, MV/15000 and MV/60000; International Business Machine (IBM) 9370 and RS/6000; Hewlett Packard (HP) 9000, Digital Equipment Corporation (DEC) ALPHA and Sun SPARC machines. Other equipment used in these centers includes that which is typically associated with data centers, such as printers, tape drives (reels and cartridges), tape robotic systems, disk drives, bursters, folder / sealers,

'decollaters and Uninterruptable Power Supplies (UPS) .

C.1.2.4 Software Description The following operating systems shall be supported by the computer Operators: DG '

AOS/VS ll; IBM VM/ESA and AIX; DEC VMS; Sun Solaris and HP UX. Commercial software supported includes TCP/IP, XODIAC, DUMP 3/ LOAD 3, DUMPil/LOADil, CLI, ORACLE, INFOS, SNA, CP, CMS, CICS, JES2, SYBACK, NETWARE and other Page 7 of 76 l

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I t

RS-IRM-97-195 Section C products thi.t directly support operations and communications of the operating systems  ;

listed.

C.1.3 Scope of Work C.1.3.1 Task #1 - Review / Update of the NRC Data Centers Operations Manual The Contractor shall review the NRC's Data Center Operations Manual (NDCOM).

Throughout the life of the contract, the Contractor shall recommend updates to the NDCOM to maximize the efficiency of the management, on-site operation, and maintenance of the Data Center to the NRC Project Officer. The Contractor shall implement the changes to the NDCOM under the scope of this contract upon written approval of the NRC Project Officer. Any modifications that change the level of effort.

shall be approved by the NRC Contracting Officer before implementation.

C.1.3.2 Task #2 -Implementation of Configuration Management Plan The Contractor shall complete the implementation of the CCSS Configuration Management Plan. The development and implementation of the CM are being performed in four phases. The first two phases; definition of CCSS configuration management requirements and the implementation of the CM recommendation on the computer equipment ma!ntained in the Data Center is expected to be completed by the incumbent Contractor. The final two phases implements the CM recommendations on the Network infrastructure and on the Telecommunications infrastructure.

The Contractor shall be responsible for maintaining the CM system. Updates shall be entered into the system within one working day of receipt to ensure a reliable database of NRC's infrastructure data.

The Contractor shall recommend updates to the CM plan to incorporate changes in the environment to the NRC Project Officer. The Contractor shallimplement the changes to the CM under the scope of this contract upon written approval of the NRC Project Officer. Any modifications that change the level of effort shall be approved by the NRC Contracting Officer before implementation.

l I

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RS-IRM-97-195 Section C  ;

C.1.3.3 Task #3 - Operatio s NRC Data Centers  ;

C.1.3.3.1 introduction The Contractor shall be responsible for the day to day operation of all the ??i'.C Data Centers. The operation of these centers shall be according to the NDCOM and the CM described in tasks one and two.

The operating and coverage requirements for the centers are; '

One White Flint North Operation: Daily,24 hoe:s per day Room: 2G3 Coverage: Every hour on the hour Monday through Friday,7:00 am to 5:00 pm.

Two White Flint North Operation: Daily,24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day Rooms: 5B1,3,5,7,9,11, Coverage: Monday 6:00 am through 13,15,17,19,21 Saturday 5:00 pm.

40 West Gude Drive Operation: Monday - Friday,16% hours per day Room: 130 Coverage: Monday - Friday,6:30 am to 11:00 pm.

NRC has specialized applications that are run within these Data Centers, Each of these specialized applications requires a Task Manager. Task Managers work with the Project Officer and the Project Manager to plan for operational changes, review changes to the NDCOM, request execution of ad-hoc features and provide technical assistance. Task Managers also assist the Project Officer in verifying that all of the NDCOM procedures are being followed.

The following applications require Task Managers; Emergency Response Data System:

Nuclear Document Application (NUDOCS):

Payroll / Personnel Application:

C.1.3.3.2 Staffing / Scheduling

, C.1.3.3.2.1 Staffing and Scheduling During Routine Operations The Contractor shall ensure that all Data Centers are in a constant state of readiness

- and are appropriately staffed for the work load requirements. At the beginning of each Page 9 of 76 ,

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RS-IRM-97-195 Section C shift, Operators shall review all open events and problem logs. At no time shall the Operator end his or her shift until the following shift Operator is on site.

Monthly work schedules shall be developed by the Contractor and submitted to the NRC Project Officer for review. The work schedule shallincorporate the coverage requirements for each center, cross training assignments and any planned vacations.

TWFN and Gude Data Centers shall have at least one Operator on duty during all of the required hours of coverage. The Contractor may create flexible work schedules to optimize staffing. All schedules are subject to change according to NRC's processing requirements.

Hours of service and time allocated for shutdown, as established by the NRC-approved shift schedule, may vary at each Data Center. In no instance shall any Data Center services be unavailable due to lack of Operator support for more than 15 minutes per day of the NRC-approved shift schedule. Penalties to be assessed because of Operator unavailability are detailed in Section G. .

When any of the computer equipment is moved to another location, the Contractor shall review the staffing requirements at all Data Centers to avoid duplication of effort and to ensure that all appropriate services will continue to be provided in alllocations.

The Task Manager will provide any modifications to the Payroll processing schedule or procedure to the Project Manager when these needs are recognized. This schedule will show changes from normal processing requirements due to holidays, the timing of special processing, data entry schedule requiring the presence of the Operator, any anticipated nonstandard hours, etc.

C.1.3.3.2.2 Staffing During Emergencies and Extended Coverage The Contractor shall provide an on-call ERDS qualified Operator 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day,7 days a week. During events or exercises for which the NRC activates the ERDS system, the Contractor shall send the ERDS qualified Operator to the ERDS Data Center (Room 981 of the TWFN Data Center) within one hour, Under these conditions the 4 tractor shall provide continuous coverage 24 by 7 of the ERDS Center. During the evant, the Operator shall: control system communications, ensure proper archival recording of data, enter ad hoc data in ERDS global memory, do regular operational functions to ensure that the system functions properly during the event and assist NRC response teams with ERDS use. The Operator shallload and replay archived data for post event analysis.

Page 10 of 76

RS-IRM-97-195 Section C The Contractor shall provide on call support outside the coverage schedule hours. If Contractor services are needed, the Project Officer or Task Manager will provide the designated on-call Contractor personnel a description of the work to be performed. The on-call personnel shall arrive at the appropriate Data Center within one hour after notification by the Project Officer. If the Contractor's designated personnel are unable to arrive at the NRC site within one hour, they shall notify the Project Officer and request approval for the delay. Penalties to be assessed because of designated personnel's unavailability are detailed in Section G.

Contractor personnel shall remain in the Data Center during pre-scheduled preventive maintenance, emergency maintenance and while any worker other than access-approved staff is doing any services in the Data Center. The Operator shall remain on-site while running specific hardware or a software test prescribed by Task Managers until the test is completed.

C.1.3.3.3 General Procedures C.1.3.3.3.1 Shift Operations Each shift of Operators shall have the knowledge and experience necessary to execute the procedures in NDCOM. If the Project Officer determines that the Operator (s) on a shift does not have the proper knowledge and experience, the Project Officer may penalize the Contractor as detailed in Section G.

The Government has a standard biweekly payroll processing schedule. The Task Manager shall provide any modifications to the payroll processing schedule to the Project Managerty the first day of the payroll processing cycle. This schedule shows changes from normal processing requirements dee to holidays, the timing of special processing, any nonstandard hours anticipated, etc. The Contractor shallincorporate any modification to the payroll processing schedule into the monthly work schedule.

C.1.3.3.3.2 User Support Services The Contractor shall assist users with job procedures and standards, resolution of operations related problems and delivery of Data Center products. When requested by the Project Officer or Task Managers, the Contractor shall attend meetings to assist in the development of implementation plans for proposed changes in the operations of applications.

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J l RS-IRM-97-195 Section C i

L C.1.3.3.3.3 Operator Maintenance >

The Contractor shall do all Operator maintenance as specified by the manufacturers, such as the replacement of consumables and expendable supplies (replacement of printer bands, ribbons, toner, felt pads, brushes, etc.) at the intervals specified by the OEM. This maintenance includes the cleaning of tape heads and screens, adjusting printer paper paths and vacuuming printers.  ;

The Government shall provide all supplies necessary to do Operator maintenance. The Contractor shall not perform any other maintenance on the equipment.

C.1.3.3.3.4 Supply Management The Contractor shall provide the Project Officer a weekly report of supplies on hand versus expended and assist in establishing and maintaining reorder points. This list shallinclude all outstanding request for supplies. The supplies will be ordered by the ,

, Project Officer weekly.

C.1.3.3.3.5 Hardware, Software, and Environmental Problem Reports 4

, in case of system failure (unanticipated crashes, shutdown due to emergencies, etc.),

the Operators shall contact the Project Officer, Task Manager and supporting
Contractors for the systems affected. The Operators shallinform the individuals called of the system problem, causes and estimated time of recovery, if known. The Operators shall assist the support Contractors with the problem resolution.

The Operators shall report all system hardware and software problems, air conditioner malfunctions, power supply failures and humidity control problems immediately to the

Project Officer of the maintenance Contractor or designee. The Project Officer may 4

require the Operator to place a service call with the maintenance Contractor. A list of the maintenance Contractors with the latest contract information is maintained in the NDCOM. '

C.1.3.3.3.6 Log Book Maintenance e The Data Center maintains many different types of logs. The Contractor shall enter detailed information into the appropriate log on a timely basis. These logs are both simple check list of supply and an interactive operation management tracking system.

The NDCOM provides a list of alllogs maintained. '

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RS -IPJ4- 97 -19 5 Section C C.1.3.3.3.7 Data Center Security The Contractor shall control access to each Data Center, admitting only those persons  ;

for whom access has been approved following the NDCOM.

It is the Contractor's duty to assure that all NRC records or data that the Contractor  !

- personnel may come into contact with is safeguarded. The Contractor shall not reveal any data to any source without prior written approval of the appropriate NRC Task ,

Manager or NRC Project Officer. Adherence with special requirements for Foreign '

Nationals, according to NRC Management Directive Chapter 12.1, Part 2.C is the responsibility of the Contractor.

C.1.3.3.4 Specialized Application C.1.3.3.4.1 ERDS Operations Because of the vital role of ERDS in assisting response team personnel to fulfill the NRC emergency response mission, it is essential that an Operator be available for daily support activities, including 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> on-call support if there is equipment malfunction or NRC event response activation.

ERDS supports the NRC's ability to respond to events that take place at the nuclear facilities. Due to the critical nature of this system, the Contractor shall perform all routine operational tasks related to ERDS. These tasks shallinclude:

- Review system printouts twice daily.

- Test system and application software revisions.

Arrange for Operations Center access to other ERDS project Contractors and maintenance personnel.

Provide working level interface between the Operations Center and other ERDS Contractors to facilitate the smooth running of the ERDS.

Enter routine changes to the ERDS Data Point Library (DPL), Plant Attribute Library (PAL) and the Plant Variable (PV) file.

Maintain the ERDS unique system security features.

Perform periodic operational tests as prescribed by the Office for Analysis and Evaluation of Operational Data (AEOD) to satisfy the requirements of the ERDS reliability demonstration. Submit a weekly report of the test results.

Schedule and conduct tests of licensee ERDS links Tuesday through Thursday 8 am to 4 pm (Monday and Friday are reserved for retesting). This willinclude review of test results and follow up on identified problems.

Assist plants by analyzing problems then recommending corrective actions.

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RS-IRM-97-195 Section C Maintain a quarterly testing iog. This log ensures that all plants have been scheduled for testing and the date of each test. The log shall contain the name of the inoividual contacted at each facility, the date and time contacted and the scheduled date of their test.

Label and retain backup tapes of real event data until all investigations are completed and data tapes are released for distribution or reuse.

C.1.3.3.4.2 Nudoes Operations C.1.3.3.4.2.1 Nudocs/AD Operations (at TWFN)

Nudocs/AD is an interactive full text search and retrieval application. This application permits the NRC staff to search for letters and memos issued by the NRC anri events dealing with any NRC licensed users of nuclear energy. This system is critical to the operation of the agency and must be updated daily with the latest records.

The Contractor shall monitor Nudocs/AD to maximize the availability of the application to the users. In the event there is a problem, the Contractor shall notify all the appropriate support staff. Notification procedures may be found in the NDCOM.

Nudocs/AD is available to the user are from 7:00 am to 8:00 pm Monday through Friday.

Nightly the Contractor shall post the daily transactions, full text data (when necessary) and perform daily backups. The Contractor shall assist in the verification process by providing reports, record counts or other information to the support staff. Operations shall be responsible for the generation of schedule reports and tapes and facilitate the transmittal of these tape's offsite.

C.1.3.3.4.2.2 Nudocs/ ARMS Operations (at Gude)

The Nudocs/ ARMS application is used to collect all the transaction for the Nudocs/AD application. The Contractor shall facilitate the generation, schedule and logistics of the daily transfer of the transactions from the Gude Data Center to TWFN Data Center.

i The transfer of transactions will usually be performed electronically through the NRC network. When an electronic transfer is not possible, the Contractor shall supply a courier to bring the transaction tapes to the TWFN Data Center. Detailed procedures on the requirements of this data center are in the NDCOM.

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f RS. I:04- 97-19 5 Section C C.1.3.3.4.3 Payroll / Personnel Operations The Payroll / Personnel application provides a single application for the processing of all of the NRCs payroll and personnel records. The Contractor shall work with the Task Mi-1 agers to facilitate the biweekly processing of this application. The Operators shall submit and monitor various jobs according to the processing schedule in the NDCOM.

Because of the time sensitive nature of this application, reports shall be delivered to the Task Manager or authorized representative immediately upon completion. The .

Operator shall generate and provide to other Contractors tapes for various off site processing. These tapes shall be labeled and tracked in the tape management system.

C.1.3.3.5 Report Distribution The Contractor shall separate and place reports in output storage bins. Any reports 4 printed in the TWFN Data Center for distribution in the OWFN Data Center shal! be distributed on the next hourly check of the OWFN Data Center. Sensitive reports shall be held in the TWFN Data Center until an authorized user requests the report. A list of authorized users is maintained in the NDCOM.

Every 15 minutes the prir:er status shall be reviewed for reports to distribute, paper jams, special reports requiring paper changes, reports held in print queues and other conditions that would prevent the timely distribution of users reports. When problems occur, the Contractor shall provida immediate attention to resolve the problem.

The time sensitive nature of the payroll and personnel reports require the Operator to separate and deliver these reports to an authorized user in the Payroll Section or the Office of Human Resources. The Operator shall secure the user initials confirming receipt on the check list of reports.

C.1.3.3.6 Tapes and Backups C.1.3.3.6.1 General Tape Procedures The Contractor shall ensure that all tapes are in a constant state of readiness. Only clean, certified scratch tapes shall be issued to users. The schedule for cleaning of tapes is maintained in the NDCOM. Any tapes not meeting the Governments minimum ,

certification requirement shall be degaussed and discarded. A log shall be kept indicating the reason for all tapes discarded and a count of these tapes shall be provided to the Project Officer in the weekly report. No tapes may be discarded without Project Officer approval. The Government shall purchase replacement tapes when the Project Officer and Project Manager determine it is necessary.

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-RS-IRM-97-195 Section C Operators shall mount and dismount tapes as requested by users. Tapes shall be t write protected (remove write rings or turn write protect tabs) until a user specifically request the ability to write to the tape. The Operator shall fill out the tape's label, if requested by the user, and charge the tape out to the user.

The Operators shall perform incremental and full backups of the Data Center as stated in the NDCOM. The Operators shall prepare the weekly bacl;ups for shipment to an offsite storage location.

The Operators shall facilitate the flow of tapes to and from other contract services and prepare all tape shipping forms.

C.1.3.3.6.2 Tape Verification The Contractor shall assist the Project Officer in doing a semiannual verification of the tape logs. The Project Officer shall randomly select tapes to verify the informatio' ~

the tape management system, the current location of the tape and to check for the removal of the write ring. If the tape is offsite, the Contractor shall verify that all forms are filled out properly.

Annually the Contractor shall perform a complete inventory verifying all tape locations and records in the tape management system. The Contractor shall create a detailed report showing the number of tapes found and not found in the proper location, the tapes missing and any past records suggesting the possible location of the missing tapes.

C.1.3.3.6.3 Payroll Tapes The Contractor shall work with the Payroll section in the generation of the biweekly payroll tapes. These tapes are generated by different payroll processing steps that create tapes sent to other Government agencies. All tapes are to be labeled by the Operators and provided to the proper courier for transfer to these sites.

The Contractor shall backup the Payroll system following the Operations Manual and the pay period schedule. Unusual condithns may occur, such as high volume of data entry or equipment problems, which may require more frequent backups.

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RS-IRM-97-195 Section C >

C.1.3.3.7 Troubleshooting and Recovery Techniques C.1.3.3.7.1 Problem Determination ,

The Contractor shall determine, in cases where problems occur in the computer run, j whether the problem is a result of improper data, incorrect processing sequence, or a l computer malfunction in the hardware or software. If the problem is one that the Operators cannot or should not handle, then the proper support staff shall be contacted for assistance.

C.1.3.3.7.2 Recovery Techniques The Contractor shall determine necessary recovery techniques to be used to restore files or tapes back to the correct status before rerunning procedures to prevent errors of duplication or excessive rerun costs.

C.1.3.4 Task #4 - Cleaning of the computer equipment The Contiactor shall perform scheduled cleanings of the computer equipment and communications racks in all three data centers. The scheduled cleanings shall be .

performed semiannually. All cleaning shall be schedule on Sunday's and be coordinated with the users of the systems to create the least amount of impact to the users and operation of the facility will be noticed.

Only OEM certified cleaners and supplies shall be used by the Contractor. The Contractor shall provide copies of the OEM certification information on all cleaners used in response to the Statement of Work.

l The Contractor shall have a minimum of five years experience in the cleaning of computer equipment. The Contractor shall carry liability insurance to protect against damage to any of the equipment.

Cleaning shall be limited to the computer equipment, communications racks and air handlers in the compu;er facility. Raised floors and areas under the raised floor shall l be cleaned by others. The cleaning shall at a minimum include the following; I -

The exterior of all computers and computer related devices (such as printers, tape drives, disk drives, consoles, keyboards, bursters, de-collators, plotters, data communication racks, etc.) shall be cleaned. All removable covers shall be l temporarily removed from the equipment for cleaning and replace after cleaning ,

Page 17 of 76

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RS-IRM-97-195 Section C f

i is complete. The Operators shall provide assistance in identifying the covers that can be remove and how to remove them.

Cleaning shall remove all marks, dirt, tape gum, glue and magic marker lines and dust.

An anti-static preservative shall be applied to the exterior of all equipment cleaned.

At no time shall any hardware be moved and no cable shall be disturbed.

C.1.4 Personnel Requirements The Contractor shall have the knowledge and experience to execute and understand the instructions provided in the NDCOM. For each required shift, the Operators shall I collectively have thorough knowledge and experience with all the software listed in C.1.2.4.

The Contractor shall provide additional qualified personnel who are available to work nonstandard hours including evenings, weekends, and holidays as needed by the NRC.

Except during emergencies, the Government will give the Contractor eight hours advance notice when additional staffing for evening, weekend, or holiday work would be required. Under normal circumstances, Operator support will not be required for Federal holidays. The Contractor shall provide at least one on-call Operator familiar with the ERDS system 24 by 7 including federal holidays.

The Government has estimated that the total professional and clerical staff hours per year of this contract are; 19,540 base year and 17,750 for each of the remaining years.

Satutday hours are considered part of the normal shift hours and are not considered work outside regular working hours it is estimated that 150 hours0.00174 days <br />0.0417 hours <br />2.480159e-4 weeks <br />5.7075e-5 months <br /> of on-call work outside regular working schedule may be required for each of the five years of this contract (total of 750 hours0.00868 days <br />0.208 hours <br />0.00124 weeks <br />2.85375e-4 months <br />). Work outside regular working hours shall not be performed unless approved in advance by the NRC Project Officer or designee according to the Overtima Article of Section I. The hourly charge for such work shall' include travel costs to and from the site. Charges shall be computed to the nearest I. one-half hour.

The following positions are key personnel; Project Manager, Senior Lead Computer Operator and three Lead Operators. At the end of the two-week transition period, each shift of Operators shall be able to operate and maintain the ERDS, PayrcF/ Personnel and Nudocs applications. A lead Operator shall be dedicated to each specialized Page 18 of 76 k-e

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  • _ . _ -_ _ - _- . . ... _ __. . . . .. - _ - m--- - -- _

i l

RS-IRM-97-195 Section C system during the transition period and shall be the primary source for Operator -

assistance once the transition period is over.

C.1.4.1 Position Description (Key Personnel)  !

C.1.4.1.1 Project Manager Experience Requirements Seven years of the last ten of progressive ADP experience in computer operations or computer facilities management.

- Two years of the last five in supervising computer operations or computer facilities management projects, including the supervision of at least 10 persons .

in separate locations.

Two years experience in the operation of DG AOSNS 11, IBM VWESA, DEC

-VMS and/or UNIX operating systems.

Demonstrated experience in production control of payroll or personnd type applicailons.

Education and Other Requirements Shall be a high school graduate or equivalent with at least four years of general college studies or two years of college studies in the computer science field or formal training from a trade school in computer operations or business *

! management. No substitution of education for experience is permitted.

Shall be familiar with Government contracting and project management practices:

C.1.4.1.2 Senior Lead Computer Operator Experience Requirements ,

c Five years experience in operating mini and/or large scale computer systems. .

Three years experience in the operation of all of the following operating systems; DG AOSNS II, IBM VM/ESA, DEC VMS and UNIX. No fewer than six months experience in any operating systems is considered acceptable.

Demonstrated experience in running production control applications such as payroli or personnel type applications. ,

j - -

- Demonstrated ability to train other Operators in the system specific procedures. ,

j -

Demonstrated experience in operations management and the supervision of l computer Operators in absence of the project manager.

l Page 19 of 76-

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1- F g M N e Y-TTe'w

  • M j'
  • RS-IRM-97-195 Section C  !

Education and Other Requirements Shall be a high school graduate or equivalent with at least two years of general college studies or one year of college studies in the computer science field or formal training from a trade schoolin computer operations or business management. Directly related formal education or training may be substituted based on one month of education / training for one month of experience not to exceed 12 months. No further ,

substitution of education for exper'ence is permitted.

C.1.4.1.3 Lead Computer Operator Experience Requirements Three years experience in operating mini and/or large scale computer systems.

Two years experience in the operation of DG AOS/VS II, IBM VM/ESA, DEC

-VMS and/or UNIX operating systems. At least one year's experience is required within one of these operating systems.

Demonstrated experience in running production control applications such as payroll or pemonnel type applications.

Demonstrated ability to train other Operators in the system specific procedures. o Education and Other Requirements

, Must be a high school graduate or equivalent. Directly related formal education or ,

training may be substituted based on one month of education / training for one month of experience not to exceed 12 months. No further substitution of education for experience is permittad.

C.1.4.2 Other Positions f'

NRC anticipates the following positions shall be needed to complete this contract.

Other personnel may be recommended that are not on the list. None of these positions are considered key personnel.

Technical Writer

, Systems Analyst Computer Operator

(

Pago 20 of 76

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RS-ITd4-97-195 Section C 1

Tape Librarian I Data Entry Clerk 3 Computer Cleaner i C.1.4<3 Training f l

Toe Contractor shall provide Operators for each shift with the collective knowledge and #

experier'ce to support all Operating Systems and Commerc!al software listed in section C.1.2.4. Computer Based Training (CBT) may be used for cross training of Operators  ;

at Contractor expense. The Government shall provide tha computer resourens necessary during non-peak work loads for the CBT. The Government shall not provide

. overtime for the purposes of training.

Training for the Operators in NRC specific applications shall be provided by the ,

incumbent _ Contractor during a two-week transition period. At the end of this training, i the Operators shall have the knowledge and experience necessary to execute the - 1 NDCOM. The Contractor shall provide training in the NRC specific applications for a -

two week transition period at the end of this contract.

In the event the Government adds new or upgrades any hardware or software on the  :

contract, the Project Officers may require the Contractor to send Operators offsite fm training. The Govemment shall reimburse the Contractors expenses including transportation, hotel, food and course cost up to the Government per diem rate. If the i hardware or software requires additional staffing, the Contractor shall be required to hire properly trained Operators and no training shall be provided by the Government.

I I'

r

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RS-IRM.97-195 Section D )

l I

SECTION D - PACKAGING kND MARKING i

D.1 PACKAGING AND MARKING (MAR 1987)

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 Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to~the mode of transportatien. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

[End of Clause)

Page 22 of 76

RS-IRM-97-195 Section E l

i SECTION E - INSPECTION AND ACCEPTANCE E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)

This contract incorporates one or more clauses by reference, l 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.

I. FEDERAL ACQUISITION REGULATION (4 8 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE S2.246-5 INSPECTION OF SERVICES APR 1984

- COST-REIMBURSEMENT

[End of Clause]

L2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.

[End of Clause]

J Page 23 of 76

RS-IRM-97-195 Section F '

SECTION F - DELIVERIES OR PERFORMANCE F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)

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.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.242-15 STOP-WORK ORDER AUG 1989 Alternate I (APR 1984)

(End of Clause)

F.3 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995)

The contractor shall provide a monthly Financial Status Report to the project officer and the contracting officer. Also, whenever the report reference the acquisition of, or changes in status of, property valued at the time of purchase at $50,000 or more, send a copy of the report to the Chief, Property Management Branch, Division of Facilities and Property Management , Office of Administration. The report is due within 15 calandar days after the end of the report period and shall identify the title of the project, the contract number, job code, project manager and/or principal investigator, the contract period or performance, and the period covered by the report. Each report must include the following for each discrete task:

(a) Total estimated contract amount.

(b) Total funds oblicated to date.

(c) Total costs incurred this reporting period.

(d) Total costs incurred to date.

(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task, if it is a task ordering contract.

(f) Balance of obligations remaining.

(g) Balance of funds required to complete contract / task order.

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RS-IRM-97-195 Section F r F.2 (Continued) i (h) Contractor Spending Plan (CSP) status:

(1) Projected percentage of completion cumulative through the report period for the project / task order as reflected in the current CSP.

(2) Indicate if there has been a significant change in the original CSP projection in either dollars or percentage of completion. Identify _the change, the reasons for the change, whether there is any projected overrun, and when additional funds would be required. If there have been no changes to the original NRC-approved CSP projections,  ;

a written statement to that effect is sufficient in lieu of submitting a detailed response to item h.

(3) A revised CSP is required with the Financial Status  :

Report whenever the contractor or the contracting officer has reason to believe that the total cost for performance of this contract will be either greater or substantially less than what had been previous]y estimated.

4 (i) Property status:

(1) List property acquired for the project during the month with an acquisition cost of $500 or more and less than

$50,000. Give the item number for the specific piece of equipment.

(2) List property acquired for the project during the month with an acquisition cost of $50,000 or more. Provide the following information for each item of property: item description or nomenclature, manufacturer, model number, serial number, acquisition cost, and receipt date. If no property was acquired during the month, include a statement to that effect. Note: The same information shall be provided for any component or peripheral equipment which is part of a " system or system unit."

(3) For multi-year projects, in the September monthly fiancial status report provide a cumulative listing of property with an acquisition cost of $50,000 or more

($5,000 or more if purchased prior to October 1, 1995)-

showing the above information.

(4) In the final monthly status report provide a closecut property report containing the same elements as described above for the monthly financial status reports, for all property purchased with NRC funds regardless of value unless title has been vested in the contractor. If no property was acquired under the contract, provide a Page 25 of 76

RS IRM-97+195 Section F F.2 (Continued) statement to that effect. The report rhould note any property requiring special handling for security, health, safety, or other reasons as part of the report.

(j) Travel status:

List the starting and end dates for each trip, the starting point and destination, and the traveler (s) for each trip.

If the data in this report indicates a need for additional funding beyond that already obligated, this information may only be used as support to the of ficial request for funding required in accordance with the Limitation of Cost (LOC) Clause (FAR 52.232-

20) or the Limitation of Funds (LOF) Clause (FAR 52.232-22).

[End of Clause)

F.3 PLACE OF DELIVERY--REPORT 3 (JUN 1988)

The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

(a) Project Officer (1 copies)

(b) Contracting Officer (1 copy)

[End of Clause)

F.4 DURATION OF CONTRACT PERIOD (MAR 1987)

ALTSRNATE 2 (MAR 1987)

This contract shall commence on

  • and will expire on The term of this contract may be extended at the option of the Government for an additional 2 years.

[End of Clause)

F.5 RESOLV NG NRC CONTRACTOR DIFFEFING PROFESSIONAL VIEWS (DPVs)

The Nuclear Regulation Commission's (NRC) policy is to support the contractor's expression of professional health and safety related concerns associated with the contractor's work for NRC that (1) may differ from a prevailing NRC staff view, (2) disagree Page 26 of 76

RS-IRM-97-195 Section F P.5 (Continued) with an NRC decision or policy position, or (3) take issue with proposed or established agency practices. An occasion may arise when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious expression af a competent judgement is required to document such concerns an matters directly associated with its performance of th<. contract. The procedure that will be used provides for the expression and recolution of differing professional views '.D PVs ) of health and safety related concerns associated with the mission vt the agency by NRC contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of the coatract, may be foun' in Section J of the solicitation. The contractor shall provide a copy of the NRC DPV procedure to all of

, its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees. NOTE: The prime contractor or subcontractor shall submit all DPV's received by need not endorse them.

(End of Clause)

F.6 REPORTS AND DOCUMENTATION The Contractor shall deliver the fo_ lowing plans, reports and documentaticn to the NRC Project Officer in accordance with the schedule set forth below;

1. Project Management Plan. This plan shall include procedures to provide staffing and project management in the event of vacation, sick leave, resignation and emergencies. The plan shall also include training procedures to ensure that contractor personnel become experts in all operational functions and knowledgeable of updates to the NRC hardware and software. The schedule for all of the required cleanings shall be included in the plan. Two hard copies of this plan shall be submitted to the NRC Project Officer five working days after contract award.
2. Daily NUDOCS Log Sheets. The nightly NUDOCS processing log sheet shall be provided on a daily basis to the NRC Task Manager responsible for the NUDOCS application.
3. Weekly Status Report. This report shall detail weekly supply or inventory replenishment requirements. It shall also include a copy of the daily review logs detailing system and environmental feilures or problems and their resolutions. One copy of this report shall be electronically submitted to the NRC Project Officer by Monday, close of business of the next week (the next work day if Monday is a Holiday) .
4. Monthly Status Report. This report shall summarize the Page 27 of 76

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i i

RS-IRM-97-195 Section F F.6 (Continued) problems that occurred in the previous month, the percentage of system availability, detail latent supply and inventory problems and list the changes made to the facility. Three hard copies of this report shall be submitted to the NRC Project Officer by the fifth working day of the new month.

5. Monthly Work Schedules Report. This report shall provide detailed staffing information for the next month. At a minimum, it will include the time of each shift, who will be on duty during the shift, the planned lunch breaks, changes due to planned leave by the operators, and the name of the ERDS on-call operator. One copy of ehis report shall be electronically delivered to the NRC Project Officer 10 days prior to the start of the next month.
6. Computer Operations Documentation. This document shall shnw the proposed changes to the operations of the computer facility. This document shall be provided to the NRC Project Officer in a format compatible to Word Perfect 6.1 for A hard copy of this dreument shall be provided for review and approval. Once appro +.d, this document shall be reviewed by all operators and a log sheet shall be signed by each that they have read and understand the changes in the documentation.
7. Configuration Documentation. This document shall include information about the NRC's data center, such as operations documentations, drawings of the data center, equipraent location, equipment electrical, plug and weight requirements, supply levels and reorder points, changee planned for the equipment and system software. This documentation shall be maintained as a baseline of the facility. At a minimum, the Contractor shall reconcile the changes to the facility and create a new baseline twice a year. This document sht.11 be maintained on the NRC's LAN using Word Perfect version 6.1.

Whenever a new baseline is created, one copy shall be maintained in the TWFN documentation room and a second copy shall be provided to the NRC 'roject Officer.

Page 28 of 76

I RS-IRM-97-195 Section G l

SECTION G - CONTRACT ADMINISTRATION DATA G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY  ;

(JAN 1993)

(a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:

Nune :

  • Address:
  • Telephone Number:

(b) Performance of the work under this contract is subject to the technical direction of the NRC project of ficer. The term technical direction is defined to include the following:

(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, fills in details, or otherwise serves to accomplish the contractual statement of work.

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

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

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

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

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

(3) In any way causes an increase or decrease in the total Page 29 of 76

RS-IRM-97-195 Secticn G G.1 (Continued) estimated contract cost, the fixed fee, if any, or the time required for contract performance.

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

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

(d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A

. copy of the written direction must be furnished to the contracting officer.

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

(f) If, in the opinion of the contractcr, any instruction or direction issued by the project cfficer is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five. (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the " Changes" clause.

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

(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect there to is subject to FAR 52.233-1 -

Disputes.

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

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

Page 30 of 76

RS-IRM-97-195 Section G G.1 (Continued)

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

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

[End of Clause)

  • To be incorporated into any resultant contract G.2 NRCAR 2052.216-71 INDIRECT COST RATES (JAN 1993)

(a) Pending the establishment of final indirect rates which must be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs m follows:

(b) The contracting officer may adjust the above rates as appropriate during the term of the contract uran acceptance of any revisions proposed by the contractor. It is the contractor's responsibility to notify the contracting officer in accordance with FAR 52.232-20, Limitation of Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if these changes affect performance of work within the established cost or funding limitations.

[End of Clause]

  • To be incorporated into any resultant contract G.3 USE OF AUTOMATED CLEARING HOUSE (ACH)

ELECTRONIC PAYMENT It is the policy of the U.S. Nuclear Regulatory Commission to pay Government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system in lieu of a U.S.

Treasury check. The electronic system is known as Vendor Express.

Payment shall be maue in accordance with FAR 52.232-33, entitled

" Mandatory Information for Electronic Funds Transfer Payment."

Page 31 of 76

RS-IRM-97-195 Section G l

l G.3 (Continued)

I To receive payment by Vendor Express, the contractor shall complete the " Company Information" portion of Form SF 3881, entitled "Paymant Information Form - ACH Vendor Payment System" found in Section J. The contractor shall take the form to the ACH Coordinator at the financial institution that maintains its company's bank account. The contractor shall discuss with the ACH Coordinator how the payment identification information (addendum record) will be passed to them once the payment is received by the financial institution. The contractor must ensure that the addendum record will not be stripped from the payment. The ACH Coordinator will fill out the " Financial Institution Information" portion of the form and return it to the office of the Controller at the following address: Nuclear Regulatory Ccmmission, ATTN:

ACH/ Vendor Express, Division of Accounting and Finance, Mailstop T-9-E 2, Washington, DC 20555. Once the Office of the Controller has processed the contractor's sign-up form, the contractor will begin to receive payments electronically via Vendor Express /ACH.

If the of ferors/ bidders have questions concerning ACH/ Vendor Express, they may call the Commercial Payments staff on (301) 415-7520.

[End of Clause]

G.4 LIQUIDATED DAMAGES A. If Contractor fails to strictly adhere to his NRC-appr+ved shift schedule for coverage during normal hours of sysuem operation and for on-call support causes NRC to not be able to perform the mission of the agency, the Contractor's invoices shall be reduced by the amount of $131 per hour.

This rate reflects the FY 1997 standard charge for profess.onal services as published in the Federal Register, Rules and Regulations, Volume 62, Page No. 29194, dated July 28, 1997.

This rute is subject to change based upon the FY 1998 standard charge for professional services as published in the Federal Register during the first quarter of the fiscal year.

B. Dates and times that the Contractor personnel were absent shall be verified by the NRC Project Officer using the Systems operator log times, and by the NRC Project Officer's independent verification and report to the contractor's PM.

C. Nothing in this contract shall be construed to abrogate the performance requirements of this contract or to delay in performing any duties or responsibilities under this contract. Failure to furnish personnel and services in Page 32 of 76

RS-i?M-97-195 Section G G.4 (Continued) accordance with the Statement of Work is a default and subjects the contractor to the Termination provision of this contract (Contract clause 52.249-6 Termination - Cost Reimbursement, May 1986). All remedies stated in this contract are cumulative.

D. The Contractor's invoices shall not be reduced when delays in performance arise out of causes beyond the control and without the fault or negligence of the Contractor as defined in the Termination clause cited above.

(End of Clause]

Page 33 of 76

RS-IRM-97-195 Sectien H )

i i

SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 2052.204-70 SECURITY (a) Security / Classification Requirements Forms. The attached NRC Form 187 (See Section j for 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 buildings, or otherwise requires NRC photo identification or card-key badges.

(b) It is the contractor's duty to safeguard National 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 tneft, 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 this contract, the contractor shall, upor. completion or of this contract, 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. If retention by the contractor of any classified matter is required after the completion or termination of the contract the retention is approved by the contracting officer, the contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained. The certification must identify the items and types or categories of matter retained, the conditions governing the i retention of the matter and their period of retention, if known.

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 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 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 to the public. The contractor agrees to hold the information in confidence and not to directly or indirectly duplicate, Page 34 of 76

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RS-IRM-97 ,195 Section H H.1 -(Continued) disseminate', or disclose the information in whole or in part to other person or organization except as may be necessary to_ perform type work under this contract. The contractor agrees to return 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 Security and the Contracting officer. These changes will be under the authority of the changes clause.

(e) Definition of National Security Information. The term National Security Information, as used in this clause, means information that has been determined pursuant to Executive Order 12356 or any predecessor order to require protection against unauthorized disclosure and that is so designated.

(f) Definition of Restricted Data. The term Restricted Data, '

as used in this clause, mean all data concerning: (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear-material; or (3) the use of special nuclear-material in the production of energy, but does not include data declassified or rer ved from the Restricted Data category pursuant to section 142 of tne Atomic Energy Act of 1954, as amended.

(g) Definition of Formerly Restricted Data. The term Restricted Data, as used in this clause, means all data removed from the Restricted Data category under section 142-d of the 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 or category of classified information to which access required. The contractor also execute a Standard Form 312, Classified information Nondisclosure, when access to classified information is required.

(i) Criminal liabilities. It is understood that disclosure National Security Information, Restricted Data, and Formerly Restricted Data, relating to the work or services ordered 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 Page 35 of 76

RS-IRM-97-195 Section H H.1 (Continued)

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 12356.)

(j) Subcontractors 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 his contract.

(k) In performing the 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 hereunder involving the origination or generation of classified documents, material, and equipment must provide that the subcontractor or supplier assign classification to all documents, material, and equipment in accordance with guidance furnisht.d by the contractor.

(End of Clause)

PROCESSING SERVICES ,

The proposer / contractor must identify all individuals and propose the level of ADP approval for each, using the following

guidance. The NRC sponsoring office shall make the final determination of the level, if any, of ADP approval required for all individuals working under this contract.

The Government shall have and exercise full and complete control over granting, denying, withholding, or terminating building access approvals for individuals performing work ander this contract.

CONTRACT SECURITY REQUIREMENTS FOR IT LEVEL I Performance under this contract will involve prime contractor personnel, subcontractors or others who perform services requiring direct access to or operate agency sensitive automated information syst eras (IT Level I). The IT Level I involves responsibility for the planning, direction, and implementation of a computer security progran; major responsibility for the direction, planning, and design of a computer system, including the hardware and software; or the capability to access a computer system during its operation or maintenance in such a way that could cause or that has a relatively high risk of causing grave damage; or the capability to realize a rignificant personal gain from computer access. Such contractor personnel shall be subject to the NRC contractor personnel security requirements of NRC Management Directive (MD) 12.3, Part I, which is hereby incorporated by reference and made a part of this contract as though fully set forth herein, and will require a Limited Background Investigation (LEI).

Page 36 of 76

- - . ~ - . - - - .

RS-IRM-97-195 Section H

'H.1 (Continued)

A contractor employee shall not have access to NRC sensitive systems and data until-he/she is approved by DFS for temporary or final. access in accordance-with the procedures found in NRC Management Directive 12.3, Part 1.

The contractor shall submit through the Project Officer to the NRC Division of Facilities and Security (DFS) within fifteen (15) calendar days following award c2 contract, execution of a modification, or proposal of new personnel for work to be under the contract, a completed Personnel Security Forms packet including a Questionnaire for National Security Positions (SF-86) for all personnel requiring the investigation. The contractor shall assure that all forms are accurate, complete, and legible (except for Part 2, Questionnaire for National Security Positions, which is required to be completed in private and submitted by the individual to the contractor in a sealed envelope). As set forth in MD 12.3, based on DFS review of the applicant's security forms and/or the receipt of adverse information by NRC, the individual may be denied access to NRC sensitive automated information and data until a final determination is made of his/her under the provisions of MD 12.3, Exhibit 11. Any questions regarding the individual's eligibility for IT Level I approval be resolved in accordance with the due process procedures set in MD 12.3, Exhibit 11.

In accordance with NRCAR 2052.204-70, " Security," IT Level I contractors shall be subject to the attached NRC Form 187 (See Section J for List of Attachments) which furnishes the basis for providing security requirements to prime contractors, subcontractors or others (e.g., bidders) who have or may have an

NRC contractual relationship which requires access to or operation of agency sensitive automated information systems or remote development and/or analysis of sensitive automated information systems and data or other access to such systems and data; access on a continuing basis (in excess of 30 days) to NRC Headquarters controlled buildings or otherwise requires NRC photo or card-key badges.

CONTRACT SECURITY REQUIREMENTS FOR IT LEVEL II .

Performance under this contract will involve contractor personnel who remotely develop and/or analyze sensitive automated systems and data or otherwise have access to such systems and data (IT Level II). The IT Level II involves responsibility for the direction, planning, design, operation, or maintenance of a l computer system by an individual whose work is normally l reviewed by an IT I sensitivity level employee to ensure the i integrity of the system; other positions involving a degree of access to a system that creates a significant potential for damage Page 37 of 76 1

i L _ .

. - -_ . .- -- ~ -- .- - - . - - - ..-

RS-!RM-97-195 Section H H.1 (Continued)

' er personal gain but less than that of IT Level I positions; and, all other computer or IT positions. Such contractor personnel shall be subject.to the NRC contractor personnel requirements of Management Directive (MD) 12.3, Part I, which is hereby incorporated by reference and made a part of this contract as though fully set forth herein, and will require a National Agency Check with Inquiries and Credit Investigation (NACIC).

A contractor employee shall not have access to NRC sensitive systems and data until he/che is approved by DFS for temporary or final access in accordance with the procedures found in NRC Management Directive 12.3, Part 2.

l The contractor shall submit through the Project Officer to the NRC Division-of Facilities and Security (DFS) within fifteen (15) calendar days following award of contract, execution of a

-modification, or proposal of new personnel for work to be under the contract, a completed Personnel Security Forms packet including a Questionnaire for National Security Positions (SF-86) for all personnel requiring the investigation. The contractor shall assure that all forms are accurate, complete, and legible (except for Part 2, Questionnaire for National-Security positions, which is required to be completed in private and submitted by the individual to the contractor in a sealed envelope). As set in MD 12.3, based on DFS review of the applicant's security forms and/or the receipt of adverse information by NRC, the individual may be denied access to NRC sensitive automated information and data until a final determination is made of his/her under the provisions of MD 12.3, Exhibit 11. Any questions regarding the individual's eligibility for IT Level II approval will be resolved in accordance with the due process procedures set forth in MD 12.3, Exhibit 11.

In accordance with NRCAR 2052.204-70, " Security," IT Level II contractors shall be subject to the attached NRC Form 187 (See Section J for List of Attachments) which furnishes the basis for providing security requirements to prime contractors, subcontractors or others (e .g. , bidders) who have or may have an NRC contractual relationship which requires access to or operation of agency sensitive automated information systems or remote development and/or analysis of sensitive automated information systems and data or other access to such systems and data;_ access on a continuing basis (in excess of 30 days) to NRC Headquarters controlled buildings or otherwise requires NRC photo or card-key badges.

i CANCELLATION OR TERMINATION OF IT ACCESS / REQUEST

.When a request for investigation is to be withdrawn or cancelled, the contractor shall immediately notify the Project Officer by Page 38 of 76 l

l

RS-IRM-97-195 Section H H.1 (Continued) telephone in order that he/she will contact the NRC Division of Facilities and Security (DFS) so that the investigation may be promptly discontinued. .The notification shall contain the full name of the individual, and the date of the request. Telephone notifications must be promptly confirmed in writing to the Project Officer who will forward the confirmation to the DFS.

Additionally, DFS must be immediately notified when an individual no longer requires access ~to NRC sensitive automated information systems and data, including the voluntary or involuntary of employment of an individual who has been approved for or is being processed for hccess approval under the NRC Computer Personnel Security Program.

H.2 NRCAR 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 the contractor personnel. It is the sole, responsibility of the contractor to ensure that each employee has proper identification at all times. All prescribed identification must be immediately delivered to the Security Office for cancellation or disposition upon the termination of employment of any contractor personnel. Contractor personnel must have this identification in'their possession during on-site performance under this contract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessary for performance of contract work, and to assure the safeguarding of any Government records or data that contractor personnel may come into contact with.

[End of Clause)

H.3 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993)

(a) Purnose. 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 te 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.

Page 39 of 76

RS-IRM-97-195 Section H H.3 (Continued)

(b) Scone.-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 c.ontracting officer before the execution of such contractual arrangement.

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

(3) When the contractor performs work for the NRC under his 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.

Page 40 of 76

RS-IRM-97-195 Section H H.3 (Continued)

(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, 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) .: is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days

, before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the doilar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for Page 41 of 76

RS-IRM-97-195 Section H H.3- (Continued) 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 Fleedom 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.

Page 42 cf 76

RS-IRM-97-195 Secticn H i-H.3 (Continued)

(f) Subcontracts. Except as provided in 48 CFR 2009.570-2,

.the contractor shall_ include this clause, including this-paragraph, in subcontracts of-any tier. The terms contract, contractor,-and contracting officer, must be appropriately modified to preserve the Government 's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the ,

contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.

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

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract.

Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.

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

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

[End of Clause]

Page 43 of 76

RS-IRM 97-195 Section H H.4 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993)

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

The contractor agrees that personnel may not be remceed 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 or his/her authorized representative shall evaluate the request and promptly notify the contractor of his or her approval or disapproval in writing.

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

(End of Clause]

  • To be incorporated into any resultant contract Page 44 of 76 s

RS-IRM-97-195 Section H H.S NRCAR 2052.235-72 SAFETY, HEALTH, AND FIRE PROTECTION (JAN 1993)

The contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of its employees and of members of the public.

including NRC employees and contractor personnel, and to minimize danger from all hazards to life and property and shall comply with all applicable health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Labor. In the event that the contracter fails to comply with these regulations or requirements, the contracting officer may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the contracting officer. The contractor shall make no claim for an extension of time or for compensation or damages by reason of, or in connection with, this type of work stoppage.

(End of Clause]

H.6 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS (NOV 1989)

Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the minimum allowable monetary wage and fringe benefits prescribed under the U.S. . Department of Labor Wage Determination which is attached (See Section J for List of Attachments).

[End of Clause]

H.7 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988).

The Government will not provide any equipment / property under this contract.

[End of Clause]

E.8 DENIAL OF. FEDERAL BENEFITS TO INDIVIDUALS CONVICTED OF DRUG TRAFFICKING OR POSSESSION (SEP 1990)

In the event that an award is-made to an individual, Section 5301 of the Anti-Drug Abuse Act of 1988 (P.L. 100-690) may be cause for denial of specific benefits to individuals convicted of drug trafficking or possession.

[End of Clause]

Page 45 of 76

RS-IRM-97-195 Fection !

l PART II -

CONTRACT CLAUSES l i

SECTION I -

CONTRACT CLAUSES I .1 - 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)

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.

FEDERAL ACQUISITION REGULATION (4 8 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE S2.202-1 DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEFS APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR J,UL 1995 SALES TO THE GOVERNMEh"I' 52.203-10 PRICE OR FEE ADJUSTMENT FOR JAN 1996 ILLEGAL OR IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO JUN 1997 INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTING / COPYING DOUBLE-SIDED JUN 1996 ON RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S JUL 1995 INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION AUG 1996 52.215-22 PRICE REDUCTION FOR DEFECTIVE OCT 1995 COST OR PRICING DATA 52.215-24 SUBCONTRACTOR COST OR OCT 1995 PRICING _ DATA 52.215-27 TERMINATION OF DEFINED BENEFIT MAR 1996 PENSION PLANS 52.215-33 ORDER OF PRECEDENCE JAN 1966 52.215-39 REVERSION OR ADJUSTMENT OF PLANS MAR 1996 FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB)

, 52.215-40 NOTIFICATION OF OWNERSHIP CHANGES FEB 1995 52.216-7 ALLOWABLE COST AND PAYMENT MAR 1997 52.216-8 FIXED FEE MAR 1997 i 52.217-2 CANCELLATION UNDER MULTIYEAR JUL 1996 CONTRACTS 52.219-6 NOTICE OF TOTAL SMALL BUSINESS JUL 1996 i SET-ASIDE Page 46 of 76 l

l I

RS-IRM-97-195- Section I I.1 (Continued)

NUMBER TITLE DATE 52.219-8 UTILIZATION OF SMALL, SMALL JUN 1997 DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS CONCERNS 52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996 52.222-1 NOTICE TO THE GOVERNMENT FEB 1997 OF LABOR DISPUTES 52.222-3 CONVICT LABOR AUG 1996 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-28 EQUAL OPPORTUNITY PREAWARD APR 1984 CLEARANCE OF SUSCONTRACTS 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL APR 1984 DISABLED AND VIETNAM ERA VETERANS 52.222-36 AFFIRMATIVE ACTION FOR- APR 1984 HANDICAPPED WORKERS 52.222-37 EMPLOYMENT REPORTS ON SPECIAL JAN 1988 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 52.222-41 SERVICE CONTRACT ACT OF 1965, MAY 1989 AS AMENDED 52.223-2 CLEAN AIR AND WATER APR 1984 52.223-5 POLLUTION PREVENTION AND MAR 1997 RIGHT-TO-KNOW INFORMATION 52.223-6 DRUG-FREE WORKPLACE JAN 1997 52.223-14 TOXIC CHEMICAL RELEASING REPORTING OCT 1996 52.225-11 RESTRICTIONS ON CERTAIN OCT 1996 FOREIGN PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 52.227-2 NOTICE AND ASSISTANCE REGARDING AUG 1996 PATENT AND COPYRIGHT INFRINGEMENT 52.228-7 . INSURANCE - LIABILITY TO THIRD MAR 1996 PERSONS 52.232-17 INTEREST JUN 1996 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT JUN 1997 52.232-33 MANDATORY INFORMATION FOR AUG 1996 ELECTRONIC FUNDS TRANSFER PAYMENT 52.233-1 DISPUTES OCT 1995 Alternate I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996 Alternate I (JUN 1985) 52.237-2 PROTECTION OF GOVERNMENT APR 1984 BUILDINGS, EQUIPMENT, AND VEGETATION

-52.237-3 CONTINUITY OF SERVICES JAN 1991 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALT1ES FOR UNALLOWABLE COSTS OCT 1995 Page 47 of 76

RS-IRM-97-195 Section I I.1 (Continued)

NUMBER TITLE- DATE 52.242-13 BANKRUPTCY JUL 1995 52.243-2 CHANGES - COST-REIMBURSEMENT AUG 1987 Alternate I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT FEB 1997 AND LETTER CONTRACTS)

.52.244-5 COMPETITICN IN SUBCONTRACTING DEC 1996 52.246-25 LIMITATION OF LIABILITY - SERVICES FEB 1997 52.248-1 VALUE ENGINEERING MAR 1989 52.249-6 TERMINATION (COST-REIMBUPSEMENT) SEP 1996 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991

[End of Clause]

2.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)

(a) The Government may extend the term of this cont,ract by written notice to the Contractor within 90 days; provided, that the Government shall give 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 provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

[End of Clause]

I.3 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed $8,000.00 or the overtime premium is paid for work--

(1) Necessary to cope with emergencies such as those resulting from accidents, natura? disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect-labor employees such as those performing i duties in connection with administration, protection, transportation, maintenance, standby plant protection, l operation of utilities, or accounting; j (3) To perform tests, industrial processes, laboratory Page 48 of 76

RS-IRM-97-195 Section I I.3 (Continued) procedures, loading or unloading of transportation conveyances, and operations in flight or afloat thct are continuous in nature and cannot reasonably be interrupted or completed otherwise; or (4) That will result in lower overall costs to the Government.

-(b) Any request for estimated overtime premiums that exceeds the '

amount specified above shall include all estimated overtime for contract completion and shall--

(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workloed, staffing, and other data of the affected unit safficient to permit the Contracting Officer to evaluate the necessity for the overtime; (2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule; (3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and (4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel ~.

(End of Clause]

I.4 52.222-42 . STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency rubject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION.

Page 49 of 76

i RS-1RMk 97f195 lSection 1 e  :

LI.'4  :(Continued).

, . . Monetary _

"V

~

- Employeefelass] '

Wage-Fringe, '

' Benefits 4

.a..z. 7.....;.. ..................c.................................  :

. Projet* ' Manager 532.00 ,

Senior Lead' Computer Operator

-$21.25:

' Lead. operators-

$17.35

!> _ Computer.O?erator $15.05-J . Tape Librarian $10.80 4 b zTechnical' Writer- $35.00- 1 4

. Clerical $19.35 j

[End of f Clause].

I.51 352.216-21 REQUIREMENTS (OCT 1995)  !

(c) This'is a requirements contract for_the supplies or services specified,_and effective.for the period stated,'in the ~

, LSchedule. The; quantities _of supplies or services specified in the Schedule are escimates only_and are not purchased by this

cont ract . - Except as this contract:may.otherwise provide, .if the Government's requirements do not result in orders in the quantities described as " estimated" or " maximum" in the e Schedule, that fact shall not constitute the basis for an-equitable price adjustment.

[-- (b) Delivery or_ performance shall be made only_as authorized by i orders issued in accordance with the Ordering clause. Subject I ,

to any limitations in the Order Limitations clause or-

. elsewhere .4n this contract, the Contractor shall furnishuto ,

the Government all supplies-or services specified in-the

Schedule and called for by orders issued in accordance with

! the Ordering clause. The Government may issue orders requiring' delivery to multiple destinations or performance'at

- multiple. locations.

.(c) Except as-this contract otherwise provides, the Government o shall order from the Contractor all_the supplies or services .  ;

sp'cified-inithe e Schedule that are required to be purchased-by the' Government activity.or' activities specified-in,the.

-Schedule.

L <

-(d)-The Government is_not~ requiredito' purchase.from che Contractor ~

L  ; requirements in: excess of=any-limit on total orders under this L contract.

I L jellIf the Government.uraently requires del'ivery of any quantity C

of Lniitem before'the. earliest.date that delivery may be Page50 of 76 u-;

l~ - - ~ . - . . .w . -. - . . , . , . , - .,,

RS-IRM-97-195 Section I I.5 (Continued) specified-under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time sp;cified in the order. The contracr shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contructor shall not be required to make any deliveriec under this contract after .

(End of Clause]

Page 51 of 76

, - . . . . - .. . . _ _ . . - ~ . - _ . _ - . . . - . . ~ . - - . - - . - - .

RS-IRM-97f195 -

Section:J- -i i

iPART>III'--LIST.;OF DOCUMENTS,. EXHIBITS AND OTHER ATTACHMENTS  :

L iSECTION i.' - TIST OF ATTACHMENTS- '

, .-J.1. ' ATTACHMENTS (MAR-1987)

-t s

JAttachment-Number.  : Title i

3

-01 Billing _ Instructions U

02-i NRC Contrar:: tor Organizational- Conflicts.

of Interest 03= Standard Form 1411 with Instructions ,

04 Contractor Spending Plan (CSP)

Instructions 4

05 NRC-Form 187 - Security / Classification-

. Requirements

- 06 Wage. Determination- To be 'added to the resultant contract.

- 07 Payment.Information Form SF 3381 - ACH,

^ Vendor-Payment' System 08 Procedures for Resolving hTC Contractor Differing-Professional Views

, 09 Relevant Experience And Past. Performance

. Questionnaire 1

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Page 52 of 76 ,

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(MARCH 1996)

Page 1 of 10 BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS General: The contractor shall prepare vouchers / invoices for reimbursement of costs in the manner and format described herein.

FAILURE TO SUBMIT VOUCHERS / INVOICES IN ACCORDANCE WITH THESE INSTRUCTIONS WILL RESULT IN REJECTION OF THE VOUCHER / INVOICE AS IMPROPER.

Number of Cocies: An original and three copies, including supporting documentation shall be submitted. A copy of all supporting documents must be attached to each copy of your voucher / invoice. Failure to submit all the required copies will result in rejection of the voucher / invoice as improper.

Desionated Acency Billino Office: Vouchers / invoices shall be submitted to the following addr ss:

U.S. Nuclear Regulatory Commission Division of Contracts - T-7-I-2 Washington, DC 20555 HAND DELIVERY OF VOUCHERS / INVOICES IS DISCOURAGED AND WILL NOT EXPEDITE PROCESSING BY NRC. However, should you choose to deliver vouchers / invoices by hand, including delivery by any express mail services or special delivery services which use a courier or other person to deliver the voucher / invoice in person to the NRC,.such vouchers / invoices must be addressed to the above Designated Agency Billing Office and will only be accepted at the following location:

U.S. Nuclear Regulatory Commission One White Flint North 11555 Rock'ville Pike - Mail Room Rockville, MD 20852 HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVE ADDRESS.

Note that the official receipt date for hand-delivered vouchers / invoices will-be the date it is received by the official agency billing office in the Division of Contracts.

Aaency Payment Office: Payment will continue to be made by the

office designated in the contract in Block 12 of SF 26 or Block 25 of SF_33, whichever is applicable.

BILLING INSTRUCTIONS FOR COSI RED $ W Fv8T~ 01 CONTRACTS -

(Pace 2 of 10)

Frecuencv: The contractor shall submit cl ains f or reimbursement once each month, unless otherwise authorized by the contracting Officer.

Fo rma t : Claims should be submitted in the forna: depicted on the attached sample form entitled " Voucher / Invoice for Purchases and Services Other than Personal" (see Attachment The 1). isThe format sample not required format is provided for guidance only.

for submissirn of a voucher /involca. Alternate formats are l permissible provided all requirements of the billing instructions i are addressed. The instructions for preparation and itemination l of the voucher / invoice are included with the sample form. l 1

Task Orderina contracts: If the contractor bills for more than one task order under a voucher / invoice, detailed cost information for each individual task order shall be submitted, together with a cumulative summary of all charges billed on the voucher / invoice. This includes all applicable cost elements discussed in paragraphs (a) through (n) of the attached i instructions.

Fee Recovery Billinos: Pursuant to the provisions of 10 CFR Part 170 and 171 on license fees, the NRC must recover the cost of work performed. Accordingly, the contractor must provide the total amount of funds billed during the period, fiscal year to date and the cumulative total for each task or task assignment by facility or report. The fee recovery billing reports shall be on a separate page, and shall be in the format provided in Attachment 2. The billing period for fee recovery costs should be from the ,first day of each calendar month to the last day of the same month. Each separate fee billing report must be attached to the monthly invoice and cover the same period as the invoice.

Eacn report will contain a docket number or other unique identifier. The NRC will provide a unique identifier for all work performed. Costs should be reported as whole number to the nearest cent. For work that involves more than one facility at the same site, each facility should be listed separately and the costs should be split appropriately between the facilities.

Common costs, as defined below, shall be identified as a separate line item in the fee recovery billing report each month.

Common costs are those costs that are not licensee unique and associated with the performance of an overall program that benefit all similar licensees covered under that program or that are required to satisfactorily carry out the program. Common costs include costs associated with the following: preparatory l

or start-up efforts to interpret and reach agreement on l

methodology, approach, ecceptance criteria, regulatory position, l

l

._ . ._ _. _ . . _ . . _ . _ _ . _ _ _ _ _ _ . . .~. _ _ _ . _ _ _ _ . . . _ _ - . _ _ . . . _ . _

i

)

P BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS --

(Page 3 of 10):

or technical reporting requirements; efforts associated with the

" lead plant". concept'that might be involved during.the first one-or two. plant reviews; meetings and discussions: involving the above efforts to provide orientation, background knowledge or guidance during the course of a. program; any technical effort applied to a docket or other unique identifier; and project.

managcment. Common costs must be reporting monthly for each docxet or. unique identifier. Common costs must be computed based.

on the proportion of direct costs incurred'against each docket or unique identifier.for the billing period.

Billina of Cost After Exciration of Contract: If costs are incurred during the contract period and claimed after the contract has expired, the period during which these costs were incurred must be cited. To be considered a proper expiration voucher / invoice, the contractor shall clearly mark it " EXPIRATION VOUCHER" or " EXPIRATION INVOICE".

Final. vouchers / invoices shall be marked." FINAL VOUCHER" or " FINAL INVOICE".

Cu rrency : Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records; payments will be made in that currency. However, the U.S. dollar equivalent for all vouchers / invoices paid undar the contract may_

not exceed the total U.S. dollars authorized in the contract.

Surersession: These instructions supersede any previous billing instructions.

J 4

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5 4

C__.._.-. _ . _ _ _ _,_ _ _ _ . _ . _ . _ ,_ _~_ _ ~_ ,. . _ _ . . . _ __

INVOICE / VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL ,

(SAMPLE FORMAT)

Offficial Acency Billino Office (a) Contract Number

U.S. Nuclear Regulatory Commission-Division of Contracts HS: T-7 I 2 Task Order No. (If Applicable)

Washington DC 20555 0001 Pavee's Name and Address (b) Voucher / Invoice #

(c) Date of Voucher / Invoice Individual to Contact (d) Fixed Fee Regarding this Voucher

-Name:

Tel. No.:

'(e) This voucher represents reimbursable costs for the billing period for the billing period !

from through__ .

Amount Billed Current Period Cumulative-

-(f) Direct Costs (1) Direct labor *.............................

(2) Fringe benefits

(  %, if computed as percentage) . . . . . .

(3) Capitalized nonexpendable

.equioment ($50,000 or more -

see instructions)*......................

(4) Non capitalized equipment.

material s , and supplies. . . . . . . . . . . . . . . . .

(5) Premium pay (NRC approved overtime).......

(6) Consultants *..............................

(7) Travel *...................................

(8) Subcontracts *.............................

(9) Other costs *.............................._

Total Direct Costs (g) Indirect Costs (A) Overhead t of (Indicate Base).........

(B) General & Administrative Expense t of Cost Elements -

Nos. ....................

Total Direct & --Indirect Coscs

(h)! Fixed Fee (Cite Formula):

(1)

(j) TotaiAmountBilled..................lll'l'.l'.lll .

' Adjustments.....................................

Grand Totals....................................

(k)-

  • (Requires Supporting ~ Information -- See Attached)

l BlLLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 5 of 10 (Cont.) ATTACHMENT 1 -!

1 SAMPLE SUPPORTING INFORMATION f

1) Direct Labor $2400-i- Labor Hours Cumulative Cateaory . Billed Hrs. Billed Rats . Total '

Senior Engineer I 100 $14.00 $1400 975 Engineer 50- $10,00 $500 465 Computer Analyst 100 $5.00 $500 320

.i $2400

3) Caoitalized Non Excendable Eauipment Prototype Spectrometer item number 1000 01 $60,000

! Non cacitalized Ecuioment. Materials. and Sucolies 4)-

4 10 Radon tubes @ $110.00 = - 51100.00 6 Pairs Electrostatic gloves @ $150.00 = $900.00 32000.00 5)- Premium Pay 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 = $100

, (This was approved by NRC in letter dated 3/6/95).

l 6) Consultants' Fee

Dr. Carney I hour @ $100 = $100
7) Travel Start Date Destination Costs 3/1/89 Wash., DC $200 i

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llLLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CCNTRACTS (Page 6 of 10) -

ATTACHMENT 1 (Cont.)

INSTRUCTIONS FOR PREPARING COST INFORMATION FOR NRC CONTRACT VOUCHERS / INVOICES Preparation and Itemization of the Voucher / Invoice: In order to constitute a 3 roper invoice, the contractor shall furnish all the information set forth aelow. These notes are keyed to the entries on the sample voucher / invoice.

Official Agency Billing Office: Address the original and 3 copies of the voucher / invoice, together with supporting documentation attached to each copy to: U.S. Nuclear Regulatory Comcission, Division of Contracts. MS: T 7-I-2, Washington, DC 20555 0001.

Vouchers / invoices delivered by hand, including delivery by express mail or special delivery services which use a courier or other person to deliver the voucher / invoice in person to the NRC. should be addressed in accordance with the foregoing and delivered to: U. S. Nuclear Regulatory Commission. One White Flint North,11555 Rockville Pike Mail Room, Rockville, Maryland 2C852. Hand delivered vouchers / invoices will not be accepted at other than the above 6ddress. Note, however, that the offic.ial receipt date for harid-delivered vouchers / invoices will be the date it is received by the official agency billing office in the Division of Contracts.

Payee's Name and Address. Show the name of the contractor as it appears in the contract and its correct address. When an approved assignment has been rade by the contractor, or a diffe ent payee or addressee has been designated, insert the name and address of the payee. Indicate the name and telephone number of the individual responsible for answering any questions that the NRC may have regarding the invoice. The following guidance corresponds to the entries required on the sample form.

(a) Contract Number. Insert the riRC contract number.

Task Order Number. if applicable. Insert the task order number.

(b) Vouch:r/ invoice number. The appropriate sequential number of the voucher / invoice, 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.

BILLING INSTRUCTIONS FOR COST REiHBURSPEC 7PE ~/NTRC5 (Page 7 of 10) .

ATTACHMENT 1 (Cont.)

(c) Date of Voucher / Invoice. Insert the date Ine voucrer/ invoice is prepared.

(d) Fixed Fee. Insert total fixed fee. Include tnis information as it applies to individual Usk orders as well.

(e) Billing Period. Insert the beginning and ending dates (day, uonth, year) of the period during which costs were incurred and for which reimbursement is claimed.

(f) 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 Hrs. Cumulative Catecory Billed Pate Total Hrs. Billed (2) Fringe Benefits. This represents fringe benefits applicable to direct labor and 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) Canitalized Non Expendable Equipment. 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 itea, list the following (as applicable): (a) the item number for the specific piece of eqJipment listed in the property schedule of the contract; or (b) the Contracting Officer's approvai letter if the equipment is not covered bj the property schedule.

BILLING INSTRUCTIONS FOR COSI P.EmBJid!".!W mi Tuaci :Page 8 of 10) -

ATTACHMENT 1 (Cont.)

l (4) Non capitalized Equipment. Materials .snc Lucplies. These are equipment other than that described u (3) c:bove, plus consumable materials, supplies. List by category, l.ist items valued at $500 or more separately. Provide the item nut. er for eac5 piece of equipment valued at $500 or more.

(5) Premium Pay. This enumeration in excess of the basic hourly rate.

(Requires written approval of the Contracting Officer.)

(6) Consultants. 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 Dats pntj nation Coltj From To from To $

(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.

(g) Indirect Costs (Overhead and General and Administrative Ex>ense). Cite the formula (rate and base) in effect in accordance with tie terms of the contract, during the time the costs were incurred and for which reimburs,ement is claimed.

(h) Fixed Fee. If the contract provides for a fixed fee, it must be claimed as provided for by the contract. Cite the formula or method of comautation. The contractor may bill for fixed fee only up to 85% of total fee.

(i) Total Amount Bi' led. Insert the total amounts claimed for the current and cumulative periods, i

i BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRADS (Page 9 of 10) -

ATTACHMENT 1 (Cont.)

(j) Adjustments. For cumulative amount, include outstanding suspensions.

(k) Grand Totals.

Further itemization of vouchers / invoices shall only be required for items having specific limitations set forth in the contract.

J 4

4 e

l-

BILLING INSTRUCTIONS FCR COST REIMB'uRSEMEr TfpE :IK M O5 1Page 10 of 10) -

ATTACHHENT 2 (Cont.)

FEE RECOVERY BILLING REPORT FIN: _

Facility Name or Report

Title:

tac or Inspection Report Number:

(or other unique identifier)

Docket Number (if applicable):

Period Fiscal Year Total Cost Categories Period Amt. Cost Incurred To Date Costs Cumulative Costs Labor Materials Subcontractar/

Consultant Travel Other (specify)'

Common Costs Total Remarks: ..

R:\ BILLING.396

/dae.hnienT 02 A

4 NUCLEAR REGULATORY COMMISSION ACQU151;;0H M All0N 2009.570 NRC organizational conflicts of interest.

f2009.570-1 Scope of 901 icy.

(a) It is the policy of NRC to avoid, eliminate, or neutralize contractor organizational confilcts of interest. The NRC achieves this information objective by requiring all prospective contractors to submit describing relationships, if any, with organizations or persons (including those regulated by the NRC) which may give rise to actual or potential conf 1\ cts of interest in the eveht of contract award.

~

(b) Contractor conflict of interest determinations cannot be made automatically or routinely. The application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied to satisfy the overall public interest. It is not possible to prescribe in advance a ~

specific method or set of criteria which would serve to identify andi resolve all of the. contractor conflict of interest situations which might arise.

However, examples are provided in these regulations to guide application of Might the contractor.

this pol'cy guidance. The ultimate test is as follows:

If awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?

(c)

The conflict of interest rule contained in thi.s subpart applies to contractors and offerors only. Individuals or firms who have other

  • relationships with the NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of with other Government agencies, international organizations, o~

or foreign Governments. Separate procedures for avoiding conflicts of interest will be employed in these agreements, as appropriate.

52009.570-2 Definitions.

As used in (2009.570:

Affiliates means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both. _

Contract means any contractual agreement or other arrangement with'the NRC except as provided in $2009.570-1(c).

Contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, affiliates timreof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which are a party to a contract with the NRC.

Evaluation activities means any effort involving the appraisal of a technology, process, product, or policy.

firm, unincorporate::

t Of feror or prospective contractor means any p,e.r,oro ,

association, joint venture, co-sponsor, partnership, ::,rporation, or their 1

affiliates or successors in interest, including thcir cf.ief executives, directors, key personnel, proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract >

Oroanizational conflicts of intereit means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:

(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice, or may otherwise result in a biased work product; or ,

j (2) May result in its being given an unfair competitive advantage.

Potential conflict of interest means that a factual situation exists that suggests that an actual conflict of interest may arise from award of a proposed contraqt. The term potential conflict of interest is used to signify those situations that- ,

(1) Merit investigation before contract award to ascertain whether award would give rise to an actual conflict; or l

(2) Must be reported to the contracting officer for investigation if they arise during contract performance.

Research means any scientific or technical work involving theoretical analysis, exploration, or experimentation. ,

Subcontractor means any subcontractor of any tier who performs work

' under a contract with the NRC except subcontracts for supplies and subcontracts in amounts not exceeding the small purchase threshold.

Technical consultino and manacement support services means internal assistance to a component of the NRC in the formulation or administraten of its programs, projects, or policies which normally require that the contractor be given access to proprietary information or to information that has not been made available, to the public. These services typically include assistance in i the preparation of program plans, preliminary designs, specifications, or

-statements of work.

(2009.570-3 Criteria for recognizing contractor organizational conflicts of interest.

(a) General, (1) Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:

(i) Are there conflicting roles which might bias an offeror's or contractor's judgment in relation to its work for the NRC7

(ii) May the offeror or contrac. tor be given an unfair

' competitive advantage based on the performance of the contract? r (2)

NRC's ultimate determination that organizational conflicts of interest exist will be made in light of common sense and good business judgment based-upon the relevant facts. While it is difficult to identify and to prescribe in advance a sWcific method fcr avoiding all of the sarious situations or relationships that n,ight involve potential organizational ,

conflicts of interest, NRC personnel will pay particular attention to proposed >

contractual requirements that-call for the rendering of advice, consultation or evaluation activities, or similar activitles that directly lay the >

groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs. Any work performed at an applicant or licensee site will also be closely scrutinized by the Nhc staff.

(b) Situations or relationships. The following situations or relationships my give rise to organizational conflicts of intere :

(1), The offeror or contractor shall disclose information, that l ,

may give rise to organizational conflicts of interest under the following circumstances. The information may include the scope of work or specification for the requirement, being performed, the period of performance, and the name  ;

and telephone number for a point of contact at the organization knowledgeable about the comercial contract.

i (i) Where the offeror or contractor provides advice and l

recommendations to the NRC in the same technical area where it is also providing consulting assistance to any organization regulated by the NRC.

(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter on which it is also providing .

a'ssistance to any organization regulated by the NRC.

(iii) Where the offeror or contractor evaluates its own products o. survices, or has been substantially involvej in the development or marketing of the products or services of another entity.

(iv) Where the award of a contract would result in placing the offeror or contractor in a-conflicting role in which its judgment may be biased ~in relation to its work for the NRC, or would result in an unfair competitive advantage for the offeror or contractor. ,

(v)

Where the offeror or contractor solicits or performs work at an applicant or licensee site while performing work in the same technical area for the NRC at the same site.

-(2) The contracting officer may request specific information from an offeror or contractor or may require special contract clauses such as '

provided in $2009.570-5(b) in the following circumstances: <

. - . _ _ .- . . - - -. . ~ . , _ - . --- --,..---__,- --- _ . . - , _ _ _ - . , , . - , -

i i

i (i) Where the offeror cr contractor prepares  ;

, i

~

specifications that are to be used in competitive procurements of products or services covered by .the specifications.

(ii) Where the offeror or contractor prepares plans for  ;

specific approaches or methodologies that are to be incorporated into competitive procurements using the approaches or methodologies.

(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs that could form the basis for a later procurement action. ,

(iv) Where the offeror or contractor is granted access to '

proprietary information of its competitors.

(v) Where the award of a contract might resultiin placing the , offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for. the NRC or might result in an unfair competitive advantage for the offeror or contractor.

(c) Poliev aonlication cuidance. The following examples are '

< illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.

(i) Examole. The ABC Corp., in response to a Request for (1)

Proposal (RFP), proposes to undertake.,certain analyses of a reactor component as called for in'the RFP. The ABC Corp. is one of several companies considered to be technically well qualified.

In response to the inquiry in the RFP, the ABC Corp advises that it is currently performing similar analyses for the reactor manufacturer.

(ii) Caidance. An NRC contract for that particular work normally would not be awarded to the ABC Corp. because the company would be placed in a position in which its judgment could be biased in relationship to its work for the NRC. Because there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.

(2) (i) Example. The ABC Corp., in response to an RFP, proposes to perform certain analyses of a reactor component that is unique to one type of advanced reacter. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp. projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perfots the work outlined in the RFP.

(ii) Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which -

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4 could motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp.

from subsequently contracting for work with the private sc Mor that could create a conflict during the performance of the NRC contract. For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.

(3) (1) Example. The ABC Corp., in response to a competitive RFP, submits a proposal to assist the NRC in revising NRC's

' guidance documents on the respiratory protection requirements of 10 CFR Part 20. ABC Corp. is the only firm determined to be technically acceptable. ABC Corp. has performed substantial work for regulated utilities in the past and is expected to continue similar efforts in the future. The work has and will cover the writing, implementation, and administration of compliance respiratory protection programs for nuclear power plants.

t (ii) Guidance. This situation would place the firm in a role where its judgment could be biased in relationship to its work for the NRC. Because the nature of the required work is vitally important in terms of the NRC's responsibilities and no reasonable alternative exists, a waiver of the policy, in accordance with 62009.570-9 may be warranted. Any waiver must be fully documented in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias. , ,

(4) (i) Example. The ABC Corp, submits a proposal for a new system to evaluate a specific reactor component's performance for the purpose of developing standards that are important to the.NRC program. The ABC Corp. has advised the NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.

(ii) Guidance. A contract could be awarded to the ABC Corp. if the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless this information has been reported to the NRC.

Data on how the reactor component performs, which is reported to the NRC by contractors, will normally be disseminated by the NRC to others to preclude an unfair competitive advantage. When the NRC furnishes information about the reactor component to the con-tractor for the performance of contracted work, the information may not be used in the contractor's private activities unless the information is generally available to others. rurther, the contract will stipulate that the contractor will inform the NRC contracting-officer of all situations in which the information, developed about the performance of the reactor component under the contract, is proposed to be used.

(5) (i) Example. The ABC Corp., in response to a RFP, proposes to assemble a map showing certain seismological features

I of the Appalachian fold belt. In accordance with the representation in the RFP and $2009.570-3(b)(1)(i). ABC Corp.

informs the NRC that it is presently doing seismological studies for several utilities in the eastern United States, but none of the sites are within the geographic area contemplated by the NRC study. l (ii) Guidanc3 The contracting officer would normally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. Section 2052.209-73(c) Work for Others, would preclude ABC Corp. from-accepting work which could create a conflict of interest during ,

the term of the NRC contract. .

(6) (i) Example. AD Division of ABC Corp., in response to a

RFP. submits a proposal to assist the NRC in the safety and
environmental review of applications for licenses for the construction, operation, and decommissioning of fuel cy,cle ,

facilities. ABC Corp. is divided into two separate and distinct divisions, AD and BC. The BC Division performs the same or  ;

similar-services for industry. The BC Division is currently pro-viding the same or similar services required under the NRC's contract for an applicant or licensee.

. (ii) Guidance. An NRC contract for that particular work '

would not be awarded to the ABC Corp. The AD Division coulc' be placed in a position to pass judgment on work perfonned by the BC 4

Division, which could bias its work for NRC. Further, the Conflict of Interest provisions apply to ABC Corp. and not to l

separate or distinct divisions within the company. If.no reasonable alternative exists, a waiver of the policy could be sought in accordance with 52009.570-9.

7(i) EXAMPLE The ABC Corp. completes an analysis for NRC of steam .

generator tube leaks at one of a utility's six sites. Three -

. months later, ABC Corp. is asked by this utility to per.~ urn. the same analysis at another of its sites.

(ii) GUIDANCE (2052.290-73(c)(3) would prohibit the contractor from beginning this work for the utility until one year after completion of the NRC work at the first site.

4 8(i) EXAMPd ABC Corp. is assisting NRC in a major on-site analysis of a utility's redesign of the common areas between its twin reactors. The contract is for two years with an estimated ,

value of $5 million. Near the completion of the NRC work, ABC Corp. ' requests authority to solicit for a $100K contract with the same utility to transport spent fuel to a disposal site. ABC e Corp is performing no other work for the utility.

(ii) GUIDANCE The Contracting Officer, would allow the contractor to proceed with the solicitation because A) it is not in the same technical area as the NRC work and B) the potential

, for technical bias by- the contractor because of financial ties to

. --. - , . . . . - . _- - . - _ - - . - . - . - - - . . - ~ . - _ . - .

i i

the utility is slight due to the relative value of the two contracts.

9(i) EXAMPLE The ABC Corp. is constructing a turbine building and ,

installing new turbines at a reactor site. The contract with the utility is for five years and has a total value of $100 million. '

ABC Corp. has responded to an NRC Request for Proposal requiring the contractor to participate in a major team inspection unrelated ,

to the turbine work at the same site. The estimated value of the contract is $75K.

(ii) GUIDANCE An NRC contract would not normally be awarded to ABC Corp. since these factors create the. potential for 4 financial loyalty to the utility that may bias th: technical judgment of the contractor.

(d) Ot%r considerations. ,

(1)- The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising frm the performance of a contract is not relevant to a determination of the existence of conflicts prior to the award of a contract.

  • 4 (2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise frorr organizational conflicts of interest, or that a follow-on procurement is not involved, or

. that a contract is awarded on a competitive or a sole source basis. . -

{2009.570-4 Representation. -

(a) The following procedures are designed to assist the NRC contracting officer in determintag whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor. The procedures apply to small purchases meeting the criteria eta'ed in the following paragraph (b) of this section.

(b) -The organizational conflicts of interest representation provision at 52052.209-72 must be included in solicitations and unsolicited proposals, (including those for task orders and modifications for new work) for:

(1) Evaluation services or activities; (2)- Technical consulting and management support services; (3) Research; and (4) Other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in the resulting contract. This representation requirement also applies to all modifications for additional effert under the contract except ,

those issued under the " Changes" clause. Where, however, a statement of the type required by the organizational conflicts of. interest representation provisions has previously been submitted with regard to the contract being modified, only an updating of the statement is required.

i i

(c)- The offeror may, because of actual or. potential organizational conflicts of interest, propose to exclude specific kinds of work contained in  !

a RFP unless the-RTP specifically prohibits the exclusion. Any such proposed  ;

exclu:,lon by an offeror will be considered by the NRC in the evaluation of 1 proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would be to the detriment of the competitive posture of the other offerors, the NRC shall reject the proposal as unacceptable. i (d) The-offeror's failure to execute the representation required by-paragraph (b) of this section with respect to an invitation for bids is

-cont.'1ered to be a minor informality. The offeror will be permitted to correct the omission. .

52009.570-5 Contract clauses.

1- (a) General contract clause. All contracts and small purchnes of the

--types. set forth in $2009.570-4(b) must include the clause entitleit "ContrarJ.or Orgaoizational Conflicts of Interest," set forth in $2052.209-73.

(b) Other special contract clauses. If it is determined from the nature of the proposed contract that an organizational conflict of interest

exists, the contracting officer may determine that the conflict can be i

avoided, or, after obtaining a waiver in accordance with $2009.570-9, neutralized through the use of.an appropriate special contract clause. If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any restriction. These clauses include but are not limited to: * *

(1) Hardware exclusion clauses which" prohibit the acceptance of production contracts following a related non-production contract previously performed by the contractor; (2) Software exclusion clauses; (3) Clauses which require the contractor (and certain of its key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data and guard against its unauthorized use.

62005.570-6 Evaltation, findings, and contract award.

The contracting officer shall evaluate all relevant facts submitted by an offeror and other relevant information. After evaluating this information against the criteria of $2009.570-3,_ the contracting _ officer shall make a f.inding of whether organizational conflicts of interest exist with respect to a particular offeror. If it has been determined that real or potential conflicts of interest exist, the contracting officer shall:

(a) Disqualify the offeror from award; (b) Avoid or eliminate such conflicts by appropriate measures; or

(c) Award the contract under the waiver provision of s2009.570-9.

52009.570-7 Conflicts identified after award.

If potential organizational conflicts of interest are identified after award with respect to a particular contractor, and the contracting officer determines that conflicts do exist and that it would riot be in the best interest of the Government to terminate the contract, as provided in the clauses required by 52009.570-5, the contracting officer shall take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 52009.570-9, neutralize the effects of the identified conflict.

~

(2009.570-8 Subcontracts.

The contracting officer shall require offerors and contractors to submit a representation statement from all subcontractors (other than a supply subcentractor) and consultants performing services in excess of $10,000 in accordance with,62009.570-4(b). The contracting officer shall require the contractor to include contract clauses in accordance with 52009.570-5 in consultant agreements or subcontracts involving performance of work under prime contract.

1 52009.570-9 Waiver. ,

(a) The contracting officer determines the need to seek a waiver for specific contract awards, with the advice and concurrence of tlie program office director and legal counsel. Upon the recommendation of the Procurement Executive, and after consultation with legal counsel, the Executive Director for Operations may waive the policy in specific cises if he determines that it is in the be:t interest of the United States to do so.

(b) W'aiver action is strictly limited to those situations in which:

(1) The work to be performed under contract is vital to the NRC program.

(2) The work cannot be satisfactorily-performed except by a contractor whose interests give rise to a question of conflict of interest.

(3) Contractual and/or technical review and surveillance methods can be employed by the NRC to neutralize the conflict.

(c) For any waivers, the justification-and approval documents must be i

placed in the NRC Public Document Room, 2120 L Street, NW. (Lower Level),

i

. Washington, DC.

52009.570-10 Remedies.

In addition to other remedies permitted by law or contract for a breach

.-of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest renuired to be provided l for this section, the NRC may debar the contractor from subsequent NRC contracts. .

-,-m --- -

---c- -

_ __ - __ .- _. _ _ _ _ . _ m _ _ _ - - . _ . . _ - . _ .- __ . .. _ _ ___

me.a- 3 I EE KTI A TRJut/CIBfTRAsT/hdM A.ATape sav edM R CONTRACT PRICING PROPOSAL COVER SHEET oue no.:sooo. cots l Exosres: 0913o198 (Cost or Pficirw Dets Reqsired)

Puta.c reportsng tmtoen for the coeieCten of mtormaten is estimeteo to everage 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> per re6porwe, incivoing tne tirne for revieweg .Astructsons, eserchmg esistang dets sources, gathereng ena mentemeg the date needed, and cornpieting and reviewin; the conecteun of ef.,rmetert Send comments regatoeng th.s t utsen estimate of any othef aspect of this cohection of mformation, ecludeg suggestsons for reducsag this burden, to the FAR Secretanet (VRS). Office of Federal Acouisstson Policy. GSA. Washingt DC 204o5.

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P DAl<D FORM 1411.w of asA - f

FAC 90-32 OCTOHER 1,1995 15'io4 6 FEDERAL ACQUISITION REGULATION 1FARI .

TABil1511NSTRUCTIONS FOR SUBMISSION OF \ CONTRACT PRICING PROPOSAL Wi!EN CO  !

PRICING DATA art' REQUIRED j

The SF 1411 provides a cover sheet for use by offerors to submit to the Gm emment a pricing proposal of esumated an '

actual costs only when cost or priemg data are required.

l. The pncing proposal shall be segregated by contract line stem *ith sufficient detail to permit cost analysis. Attach ic element breakdowns, using the applicable formats presenbed in licm 8A,11, tv C of thiv,ecuon, for each proposed line ' tem  ;

These breakdowns must conform to the instruuions in the solicitatron and my specific requirements estabbshed by the core tracting officer. Furnish supporting breakdow ns for each con element.conmient with the offeror s cost accounung system when more than one contract line item is proposed. summary total amounts covenng all line items must be furnished fo each cost element, if agreement has been reached with Government representatives on use of forward pncing rates /

identify the agreement, include a copy, and describe its nature. Depending on offeror's system, breakdowns sh provided for the following basic elements of cost, as applicable:

Materials-Provide a consolidated priced summary of individual material quantities included in the various tasks, o r

or contract line items being proposed and the basis for pricing (vendor quotes, invoice prices, etc.). Include raw mate-rials, parts, components, assemblics, and services to be produced or performed by others. For all items p tify the item and show the source, quanuty, and price.

Competitive Methods-For ti.ose acquisitions (e.g., subcontr.ets, purchase orders, material orders, etc.) exceed '

15.804 2(a)(l) pnced on a competitive basis. also provide data showing degree of corn.

, pertinent threshold set forth at petition, and the basis for establishing the source and reasonableness of pnce. For microrganizational at other than cost of the comparable competitive commercial work of the division, subsidiary, or affiliate of the con.

tractor, explain the pricing method (see 31.205 26(e)).

Established Catalog or Market Prices or Pnces Set by Law or Regulation " Commeresal item Not Covered By Ano Excepuon-When an exception from the requirement to submit cost or piicing data is requested, whether the ite produced by others or by the offeror, provide justification for the exception as required by 15.80&l(d).

Noncompetitive Methods-For those acquisitions (e.g., subcontracts, purchase orders, material orders, etc.

pertinent threshold set forth at 15.8042(a)(1) priced on a noncompeutive basis, also provide data s establishing source and reasonableness of pnce. For standard commercial items fabncated by the offeror that erally stocked in inventory, provide a separate cost breakdown if priced 15.806 based on cost.

2(a), provide a copyFor of interorgani fers priced at cost, provide a separate breakdown of cost by elements. As required by cost or pricing data submitted by the prospective source in support of each subcontract, or purchase o 15.8044(a)(1)(iii) and (iv) and more (i) 51,000,000 or taore, or (ii) both more than the pertinent threshold set forth in than 10 percent of the prime contractor's proposed price. The contracting officer may require submissio pricing data in suppott of proposals in lower amounts. Submit the results of the analysis of the pros proposal as required by 15.806. When the subrnission of a prospective source's cost or pricing dat desenbed above, it shalf be included as part of the offeror's iniual pricing proposal.

Direct Labor-Provide a time phased (e.g., monthly, quarterly, etc.) breakdown of labor hours, rates, and cost by app priate category, and fumish bases for estimates.

Indirect Costs-Indicate how offeror has computed and applied offeror's indirect costs, including cost breakdow showing trends and budgetary data, to provide a basis for evaluaung the reasonableness of proposed ra rates used and provide an appropriate explanation.

O her Costs-List all other costs not otherwise included in the categones described above (e.g., special tooling computer and consultant services, preservation, packaging and packing, spoilage and rework, and Fede finished articles) and provide bases for pricing.

Royalties-1f more than 5250, provide the following infonnation on a separate page for each septvate name and address of licensor; date of license agreement; patent numbers, patent application serial numbers, on which the royalty is payable; brief description (including any part or rnodel numbers of exh contract item or on which the royalty is payable); percentage or dollar rate of royalty per unit; unit price of contract item; n and total dollar amount of royalties. In addidon,if specincally requested by the contracting ofDcer, provide a c current license agtsament and identincation of applicable claims of specific patents. (See FAR 27.204 and Facilities Capital Cost of Money When the offeror elects to claim facilities capital cost of money as an allow the offeror must submit Form CASB CMF and show the calculation of the proposed amount (see FAR 31.20510)

a. As part of the specific information required, the offeror must tubmit with offeror's preposal, and cle such, cost or pricin5 d ata (that it, data that are verifiable and factual and otherwise as defined at FAR 15.8 rocess.

tion, submit with offeror's proposal any information reasonably rcquired to explain offeror's estimating p including-

a. The judgmental factors applied and the mathematical or other methods used in the esumate, including t 15 24

FAC 90-32 OCTOlER 1.1995 isw44 FEDERAL. ACQtilSITIOS REGl!LATION il ARi Under Column t$)-Enter the oficror s cuimaic lor sost of work adJed by the chJ"fe When nonrecurtmg cmts are og-nihcant or when spect0 call) requeued to do m by the contracting officer, prmide a tull identilicatmn and explananon of thens When any of the costs m thn 4.olumn base already heer incuned, desenhe them on an attached supporting schedule Under Column (6F-linter the nel cost of change whnch n the cmt of work aJded, leis the net emt to te deleted When dus result is negattve, place the amount in parentheser Column (4)len Column ($) a Column 161 Under Column (7Hidentify the attachment in which the mformauon supponmg the specific emt element may be found.

Attach separate pages as necessary.

C. Price Revisior/Redetermmation.

NOMBER Of' CONTRACT REDCTERMINATION DifTTRINCE CUTDIT DATE NUMBER OF UNIT $

COMPLETED UNITS TO DE AMOUNT PROrcsAL COMPLETED AMOUNT 16) til 8' 01 idi (Si TOTAL ESTIMATED ESTIMATED REFERENCE COST INCURRED INCURRED INCL'k RED COST- COST- INCURRED COST TO TOTAL COST elf.MENTS COST-l'REPRODUC- COMPLETED WORK IN COST COMPLETE TlON UNITS PROCES$

40) . (14
47) (81 t9) (10 illi till Under Column (1)-Enter the cut off date required by the contract. if apphcable.

Under Column (2)-Enter the number of un ts completed dunny the penod for which eaperienced costs of production are being submitted.

Under Column O)-Enter the number of units remaininF to be completed under the contract.

Undei Column (4)-Enter the cumulative er ntract amount.

Under Column ($)-Enter the offeror's redetermination proposal amount.

Under Column (6HEnter the difference between the contract amount and the redetermination proposal amount. When this result is negative, place the amount in parentheses. Column (4)less Column ($) = Column (6).

Under Column (7)-Enter appropriate cost elements. When residual inventory exists, the final costs estabhshed ender fixed price. incentive and fixed price redeterminable arrangements should be net of the fair market value of such invento In support of subcontract costs, submit a listing of all sut ntracts subject to repricing action, annotated as to their status.

ontract before stanmg production and other nonrecurring costs Under Column (8HEnter all costs incuned under i (usually referred to as stanup costs) from offerar's book. 2nd records as of the cutoff date. These include such costs as pre-production engineenng, special plant tearrang: ment, traininF progra n. and any identifiable .ionrecuning costs s rework, spoilage, pilot runs, etc. In the event the amounts are not segregated in or otherwise available from offeror's re enter in this column offeror *5 best estimaLs. Explam the basis for each estimate and how the costs are charged on offeror's acccunting records (e.g., in:.luded in production costs as direct engmeeting labor, charged to manufacturing overhead, etc.)

Also show how the costs would be allocated to the units at their vanous stages of contract completion.

Under Columns (9) *d (10)--Enter in Column (9) the producuan costs from offeror's books and records teuksive of preproduc-tion costs reponed in Column (8)) of the umts completed as of the cutoff date. Enter in Column (10) the costs of work in process a detemuned frvm offeror's records or inventories at the cutoff date. When the amounts br work i:. process are not available in contrac-tor's records but rehable esumates for them can be made, enter the esumated amounts in Column (10) and enter in Colum ierences between the totalincuned costs (exclusive of preproduction costs) as of the cc:off date and these numates. Explain t for the estimates, including idenufication of any provision for expenenced or anticipated allowances, such ( shrinkage, rewo changes, etc. Fumish expenenced unit or lot costs tor labor hours) from inception of contract to the cutoff date, improvement curv and any other available production cost history penaming to the item (s) to which offeror's proposal relates.

tJndes Column (llHEnter total in i

  • red costs (Tc,tal of Columns (8),(9), and (10)).

Under Cnlumn (12HEnter those necessary and reasonable cats that ir contractor's judgment will properly be incurred m com-pleting the remammg work to te performed undct the contract with resPct to the itemts) to which contractor 's propo Under Column (13)-Enter total estimated cost (Tatal of Columas (11) and (12)t Under Column (14)-Idenufy the attachment m which the informatico supponine the specific cost element may be found Attach separate pages as r:ccessary.

15 26

' O IM.I CONTRACTOR SPENDING plan - INSTR'UCTIONS ,

The Contractor Spending Plan (CSP) is an important tool for projecting and '

tracking contract costs and progress each task under the contract.

Aeolicability

. The Nuclear Regulatory Commission (NRC) recuires that the CSP be completec for cost reimbursement contracts when the award amount is expected to excetd

$100,000 and the period of perfomance is expected to exceed 6 months. For task orcer type contracts, a CSP is reavired when an individual cost reimbursement task order is expected to exceed the above thresholds. When a contract or task order modification increases the contract or task orcer amount of a cost reimbursement contract or task order to over $100,000 and the period of performance from the effective date of the modification to the contract er task order expiration exceecs 6 months, a CSP is recuired for all contract work to be performeo af ter the effective date of tne modification.

Submissien ,

1. A CSP is recuired:
a. as part of the cost proposal for a cost reimoursement contract or individual task order, or modification to a contract er tasr orcer which meets the above thresholds: , ,

b, as part of the Best and Final Of fer (if recuested) as a result of negotiations;

2. Upcated CSP information is recuired on a monthly basis or as approved

, by the CD as part of the " Financial Status Report" (Ref: Section F.3,

" Financial Status Report").

. Format The attacned CSP sample format may be duplicated and used by tne Contractor, or modified to perait more accurate reporting or to meet other neecs of the contractor. Fur instance, the sample format provides spaces to report projected costs for 12 months, _but tne contractor may wish to alter the samole format for shorter or longer contract / task order periods. The

' contractor may also wish to alter the sample _ format for- ease of typing nr automated production. So long as complete information is provided on actual anc projected costs or accomplishments, changes to the format to improve relevance to the circumstances are encourageo.

l It is up to the discretion of the offeror to determine the appropriate level l

of cost detail to be presented baseo on the complexity of the effort. Thi.s plan reflects:only the minimum requirements for submission of cost details which will be considered for completeness, reasonableness, and as a measure of_ effective management of the' effort. The Contracting Of ficer reserves the rignt to request additional cost infomation, if deemed necessary, o- _ ._. - _ . - . . . . _;._ _ .- _ ._ _ -. _ . ~ . _ _ _ . _ __- _ _ - - _

..<s... .. . .. ,

(th be coepleted es o.pcrt cf the Of feror's Ccst Propos31 far cath ccet ect.serse..at centecci ce ladseld..t tosa ewer ce f., ear centnct er teek order medt f tcettaa which eeceeds 5300.000 and ha s a perf ee=eace pe-ted onceedtog & months)

' 9 2 8 tr,t t en Ise. perteemance Ported: fre.= _ f___/__. to . __ _ / / _ ,._

stroit me.

th Orde? Me. Total Estteeted Costs (taciudtag f tsed f**. tf se,y) of the 19 f tsctlen 86e, proposed Centenct/ test Order /Modtf tcettes (to a centract ,

'crer/Ceatretter me : er test e, der) et the tt of propes : sob testen.

Does aet tactwde optteas. $

f svf de cost deteils try meath for the total centract/tesk order /er tesi order modificotten at Elements 1st Month 2n1 Pleath 3rd North 4th Month 5th Nath 6th Nath rect Costs S S S S S S (trect Costo S S S S S S S e S tal Estiested S S_-

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.sts including ced fee if eay l

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adtrw t Cests S $ $ , 1 S S

- ctal (stimated S S S S S S

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CONTRACT SECURITY AND/OR CLASSlFICATION COMPLETE CLASSIFIED ITEMS BY REQUIREMENTS SEPARATE CORRESPONDENCE 1 LAJNihALILW4 NAMh ANO Ai4JN4 bb A biAiltA : i NvWtath NN GLA4WLhD%

Co*4T5 LACT $ Em ,Ds CODE FOR 'X4 3 TYPE OF Sucess90N f MtCUECTS (Pame atmtest awatet mal be smo-a ser as overzweacu )

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3. FOR FOLLOW ON CONTRACT ENTER PRFCEDING CONTRACT NUMBER AND PROJECTED COMPLET ' W DATE C PROACTED COMMETON DATE A CC4 S NOT APP (Y $ CONTR ACI NUMBER i NRC-33-95-173 5/14/98 4 PROJtCT TITLE AND OfMEN IDENTIFYING INFQflMA110N Operation of NRC Data Centers N ATONAL SECURffY RESTR(.TED DAT A

$ PERFOnuANCE wtLL REQUIRE A ACCESS TO CLAS$3FIED MATTER OR CLASSIFIED NFORMATION esa (if Nes? eae.ee t.7, F we? swoceed . 5 C ) h i ACCESS TO FORECN edTELLcENCE INFORMATION 2 RECEIPT, STORAGE, OR OTwfR SAFEQUARDING OF CLASS 8lED un TTER pee S S )

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6 CLAS$1(IEP USC OF AN AUTOMATIC DATA PROCESSWG SYS'EW i f OTHER (SpecN l

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  • v support staff.

O CLASStPirD RfVlfw 0F CONTRACTostfrasCONTRACTOft Rf PORT {$1 AND OTNER DOCUMr9 TS WILL BF CONDUCTED 80

  1. AITHOR2ED CLAsJter ER peAME AND TTT(Q DMSON OF SECUPffY 9 Rtouento (msTRanutioN OF NRC FORw f ff (Chece acomenate twwet1) l SRONSORINC NRC OFFICE OR DirtslON Piem 10A) DIVISON Of CONTRACTS ptem 10C) g t y OsVt&ON OF SECURTTY mem15) y CONTW ACTOR Mem il SECURffv8CLAS5tlCATION RELLAREWWS FOR $U0CONTR ACTS RESULTWG FROM THIS CONTRACT WILL BE AN40VED ay TwE orrcAL$ hAMED IN fftV510B AND 10C SELCMt to APPmDv4LS l fna StCURITYsCLA&&aFIED REQU4P LWENTS AND AT14CNWENT& REFERLNCED N(RLIN 9tAVT. SLEN APPftOVED BY THE Oer $. of"L6 6N 10A AND ;00 ELLLDW FINAL CONTRACTWO APPROVAL 9Y THE DIRE CTOR, CW4 0N OF CONTRACT 3. 04 DE$40NLI, $$ TO B4 INCLUCCD IN 90C DELOW.

kAW fp=u er Typel SGNATURF f> ATE _

4 DRECTOR. OFFICE OR DivlSON Aji A

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Q James Schaeffar, Dir., ITID e cw m on o w o Or sLCUirty

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l l N m nd J. Brady, Director #!i7 C pactoR. ovisoN or CoNTi AcT>

l-L Sharon D. Nearse, Chief, CME 3 l-l 11. AtenMtMS i

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/Htoehmerc C7 ACH VENDOR / MISCELLANEOUS PAYMENT CMD No.1510-0056 Expnaton Date 06/30S3 ENROLLMENT FORM This form is used for Automated Cleanng House (ACH) payments with an addendum record that contains payment-related information processed through the Vendor Express Program. Recipients of these payments should bnng this informabon to the attention of their financialinstrtution when presenting this form for completon.

PRNACY ACT STATEMENT The following information is provided to comply with the Privacy Act of 1974 (P.L. 93 570) Ali  !

information collected on this form is required under the provisions of 31 U.S.C. 3322 and 31 CFR 210. l This information will be used by the Treasury Department to transmit payment data, by electronic 1 means, to vendor's financial institution. Failure to provide the requested information may delay or I prevent the receipt of payments through the Automated Clearing House Payment System.

AGENCY IN!"ORMATION FEDERAL PROGRAM AGENCY U.S. NUCLEAR REGULATORY COMMISSION .

ACENCY DEPMEliR AGENCY LOCATON CODE (ALC). ACH FORMAT NRC 31000001 O cco- O cTx 0 cTa ADDREED DMSION OF ACCOUNTING AND FINANCE, Mall STOP T 9 H4 WASHINGTON DC 20555-0001 CONTACT PERSON NAME TD.JPr*ONE NUB 4ER FINANCIAL OPERATIONS SECTION ( 301 ) 415-7520 l PAYEE /COMPANYINFORMATION lNAME S&N NO. OR T AKPAYER ID NO.

I

'ADDREr5 ,

CONTACT PERSON NAME. j TELriPHONE NUMBER; >

( )

4 FINANCIAL INSTITUTION INFORMATION NAME

]

ADDREa5 ACH CDORDINATOR NAME: TELEPHONE NUB 4FR:

( )

NtNE-olGli ROUTING TRANSIT NLAABER L_

'CCPOSr')R AC';OUNT TITLE DEPOSITOR ACCOUNT NUMDER LOCK 00X NLABER..

9' ACH FortMAT:

C CHECKING $AMNOS (~ LOCK BOX j $8GNATURE AND TITLE OF AUTHORCED OrFictAL  : TELEPHONE NLA40ER

( )

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. _ . , - _ . _ - - - - - - - - - - _ ~ - - --- -- -

- - - - - - - - - - - - - - - - - - - - - - - - - - '- ' - - '- ~ - ~

Instructions for Completing SF 3881 Form

1. Agency information Section - Federal agency prints or types the name and address of the Federal Program agency originating the vendor / miscellaneous payment, agency identifier, agency location code, contact person name and telephone number of the agency. Also, the nppropriate box for ACH format is checked.

2.- Payee / Company Information Section -- Payee prints or types the name of the payee / company and address that will receive ACH vendor / miscellaneous payments, social security or taxpayer ID number, and contact person name and telephone number of the payee / company. Payee also verifies depositor account number, account title, and type of siccount entered by your financial institution in the Financial Institution Information Section.

3. Financial Institution Information Section - Financial institution pnnts or types the name and address of the payec/ company's 'inanciallr:stitution who will receive the ACH payment, ACH coordinator name and telephone number, nine-digit routing transit number, depositor (payee! company) account title and account number. Also, the box for type of account is checked, and the signature, title, and telephone number of the appropriate financial institution official are included.

Burden Estimate Statement The estimated average burden associated with this collection of Information is 15 minutes per respondent or record keeper, depending on individual circumstances. Commente concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Financial Management Service, Facilities Management Division, Property and Supply Branch, Room B 101,3700 East-West Highway, Hyattsville, MD 20782, and the Office of Management and Budget, Paperwork Reduction Project (1510-0056), Washington, DC 20503.

Ob Melt PROCEDURES FOR RESOLVING NRC CONTRACTOR DIFFERING PROFESSIO%L VIEWS The Nuclear Regulatory Commission's (NRC) policy is to support the expression of professional health and safety related concerns associated with the contractors' work for NRC that may differ from a prevailing staff view, an NRC decision or policy position, proposed or established agency practices or similar considerations. The following procedure provides for the .xpression and resolution of differing professional views (DPVs) of health and safety related concerns of NRC contractors and contractor personnel on matters connected to the subject of the contract. The PRC may authorize up_to eight reimbursable hours for the contractor to document in writing a DPV by the contractor, the contractor'1 personnel, or subcontractor personnel.

Subcontractor DFVs shall be submitted through the prime contractor. The prime contractor or subcontractor shall submit all DFV's received but need not endorse them. In the event suf ficient f unds are not cvailable under the conti ace ,

the contractor shall first obtain authorization from the Contracting Officer providing sufficient funds to cover the cost of preparing the DPV. With the exception of the above specified payment for eight hours work on a DPV, the contractor shall not be entitied to any additional compensation or additional work under its contract by virtue of the DPV submission.

Contract funds shall not be authorized to document an allegation in the following instances where the use of this NRC contractor DPV process is inappropriate. This process shall not be used for allegations of wrongdoing which should l be addressed directly to the NRC Office of the Inspector General (OIG); issues submitted anonymous 1v issues that are deemed by NRC to be frivolous or otherwisc . : in accordance i with the policy underlying these procedures; or issuet raised which have already been considered, addressed, or rejected, absent significant new information. Note that i this procedure does Rat provide anonymity. Individuals desiring anonymity should centact the NRC Office of the Inspector General or submit the information under NRC's Allegation Program, as appropriate.

Each DPV shall be submitted ir "-iting and vill be evaluated I on its own merits.

l

l l \

p_PV PROCED,.RRE When required, the contractor shall initiate the DPV process by submitting a written statgment directly to the NRC Office Director or Regional Administrator responsible for the contract, with a copy to the Contracting Officer, Division of Contracts, Office of Administration.

The DPV, while being brief, shall contain the following as it relates to the subject matter of the contract:

e a summary of the prevailing NRC view, existing NRC j decision or stated position, or the proposed or i established NRC practice.

e a description of the submitter's views and how they differ from any of the above items.

e the rationale for 'me submitter's views, including an assessment based on risk, safety and cost benefit considerations of the consequences should the ,

submitter's position not be adopted by NRC.  ;

The Office Director or Regional Administrator will .;

1 immediately forward the submittal to the NRC DPV Review Panel and acknowledge receipt of the DPV, ordinarily within five (5) calendar days of receipt.

The panel will normally review the DPV within seven calendar days of receipt to determine whether enough information has been supplied to undertake a detailed review of the issue.

Typical,1y, within 30 calandor days of receipt of the necessary information to begin a review, the panel will provide a written report of its findings to the Office Director or Regional Administrator and to the Contracting Officer, whio_ includes a recommended course of action.

The Office Director or Regional Administrator will consider the DPV Review Panel's report, make a decision on the DPV and provide a writtan decision to the contractor and the Contracting Officer normally within savan calendar days after receipt of the panel's recommandation.

Subsequent to the decision made regcrding the DPV Review

, Panel's report, a summary of the issue and its disposition will be included in the NRC Weekly Information' Report submitted by the Office Director. The DPV file will be retained in the Office or Region for a' minimum of one year thereafter. For pu1DJses of the contract, the DPV shall be considered a deliverable under the contract. Based upon the Of fice Director or Regional Administrator's report, the matter will be closed.

-~mr-*3u-w--+ c- e + ,,e.p.-e-ase ,w _ rw --MA -*e -a-*- vr-. _ . __._.-- - _ _ --- M---,_._*______*__.______m-.___._._.m___ ____ - --__ - -- - __ m.

b0bul\EC RELEVANT EXPERIENCE AND PAST PERFORMANCE

1. Please provide the following information concerning the contract:

Contractor: i o Contract Number:

Period of Performance (including all options)

From: To: _ - j Estimated direct productive labor hours / year: _

o

2. NRC is contseting for the following services. Please check any applicable services that your contract provides for. ,

Computer Operations Remote Job Printing l

Computer Tape Librarian Technical Documentation

- Facility Cleaning Services

3. Is this a prime or subcontract? Prime Subcontract Comments:

-4. :f a subcontract, did you provide any project management support?

Yes - No Comments:

' 5. - Are the services provided at one or multiple locations? One Multiple 1  ;

1 A

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6. Please indicate how would you rate the contractor's ability to provide the following: (3= Excellent, 2= Good,1 = Poor, 0=NA) ability to resolve unexpected problems withoul incurring costs, ability to provido timely administrative reports, ability to manage direct and indirect cost, abi;;ty to adhere to security requirements and protection of information, ability to provide products and services that meet the requirements of the Statement of Work, ability to maintain a positive relationship with the customer,

, abiluy to keep the techn, cal documentation up to date, ability to manage the inventory of government furnished supplies and property, ability to respond to contract modifications in a timely and efficient manner, e

ability to recruit and fill key personnel vacancies that develop.

7. Please check the narratives that best describes the delivery services of the contractor: ,

Constant adherence to delivery schedules, Occasional slippage in meeting 'elivery schedules, Fails to meet delivery schedules.

Comments:

2 t

L

8. Please rate the contractor's financial reporting concerning content, timeliness and accuracy:

Excei. ..t Good Fair Poor Comments:

A Please rate the contractor's willingness to commit adequate resources in a timely fashion to its program managers to solve problems successfully:

Excellent Good Fair Poor Comments:

10. What type of performance evaluations do you conduct for this contractor?

' Are they conducted? Annually Semi-annually Other, please specify _

Using the following rating scale, please indicate the year and provide the contractors overall rating for the last three years:

FY Excellent Good Fair Poor FY Excellent Good Fair Poor FY Excellent Good Fair Poor

11. Please rate the contractor's compliance with contractual terms and conditions:

Excellent Good Fair - Poor Comments:

3

i i

12.' Were there ever any examples of improper or unauthorized use of government  ;

supplies and property by the contractor? '

Yes 'No .

Comments:

I

- 13. Pit,yr , ate the contractor's ability to submit accurate invoices and vouchers?

Excellent Good Fair- Poor  !

Comments:

14. Are security clearances squired for individuals under thic contract?

e Yes No

15. Does the contractor provide for the proper protection of proprietary or otherwise sensitive agency _information?

Yes __ No Comments:

16. Does the contractor provide adequate tr:ining to contractor pctsonnel in the following areas:

r- New Software Yes No Not Req.

. .New Hardware __ Yes No . Not Req.

Security - -Yes- _ _ No Not Req.

Drug Free Workplace Yes No Not Req.

Safety and Health Yes No . Not Req. i 4

4 3

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17. Are the key personnel assigned to this contract the some people proposed before contract award?

Yes _ _ No Comments:

18. Have there been any key personnel changes during the contract and if so, did they adversely affect the contractor's performance?

Yes No Comments:

19. Is the skill mix provided by the contractor appropriate for the tasks and services being performed?

Yes No Comments:

20. Please rate the personnel turnover rate?

Judged higher than normal, Judged normal, Judged lower than normal.

Comments:

6

l ,

O

~

. 21.

:Please rate the contractor's ability to_ meet their cost estimates: l Excellent J Good Fair - Poor  ;

I

~ Con taants:

L

, 22.-  :

Please check the method (s) of monitoring used for quality assurance? ]

i. . random sampling, site visits,- - ,

delivery schedules, 1.

--100% inspection,

, e progress reports customer feedback, e

'other, please specify:

23. Please rate the contractor's ability to provide sufficient notice of problemo Excellent Good Fair Poor Comments:
24. Did the contractor demon trate a clear understanding of work requirements as

_. . , _ reelected _in their minimum personnel qualifications and position description for i each labor category?

' Yes- No

. Comments:

e

7
1. -

w - s y .e e*6

25. Has the contract been partially or completely terminated for default or are there any pending terminations?

Yes No Comments:

26. Was the selection of this contract based on:

Cost Technical expertise Both Other:

27. Would you contract with this contractor agcin?

Yes No Comments: .

28. Please identify yourself:

Name:

Title:

Agency / Company:

Telephone:

Sig.iature Date 8

RS-IRM-97-195 1 Section K PART IV - REPRESENTATIONS AND INSTRUCTIONS 53CTION X - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)

(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are

, hereby incorporated by reference in paragraph (b) of this certification.

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989--

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Porit of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreem nt, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, er will be paid, to any person for influencing or attampting to influer.ce an officer or employee of any agency, a Member c. Congress, an officer or employee of Congress, or an emaloyee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall cemplete and submit, with its offer, OMB standard form ILL, Disclosure of Lobbying Activities, to the Contractin5 officar; and (3)^ He or she will include the language of thi s certification in all subcontract awards at any tier and require that all recipients of subcontract awards in ex ess of

$100,000 shall certify and disclose accord.ngly.

(c) Submission of this certification and disclost e is a prerequisite for making or entering into this contract imposed by cection 1352, title 31, United States Code. Any person who l makes an expenditure prohibited under this pro /ision or who fails to file or. amend the disclosure form to te filed or Page 53 of 76 l

l 1.

RS-!RM-97-195 Section K K.1 (Continued) amended by this provision, sha]l be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

[End of Provision)

K.2 52.204-3 TAXPAYER IDENTIFICATION (JUN 1997)

(a) Definitions.

" Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

" Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services.

" Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns.

(b) All offerors are required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C.

6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to the reporting requirements described in FAR 4.903, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) Taxcaver Identification Number (TIN).

[ ] TIN: _._,

[] TIN has been applied for.

[] TIN is not required because: I

[] Offeror is a nonresident alien, foreign corporation, ,

or foreign partnership that does not have income j effectively connected with the conduct of a trade or business in the U.S. and does net have an office or place of business or a fiscal paying agent in the U.S.;

Page 54 of 76 l l

1 l

RS-IRM-97-195 Section K K.2 (Continued)

[ 3-Offeror is an agency or instrumentality of a foreign government;

( J-Offeror is an agency or instrumentality cf a Federal, state, or local government;

() Other. State basis.

(d) Corporate Status.

() Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;

( ) Other corporate entity;

( ) Not a corporate entity:

() Sole proprietorship

() Partnership

() Hospital or extended care facility described in 26

. CFR 501(c) (3) that is exempt from taxation under 26 CFR 501(a).

(e) Common Pa rent .

( ) Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[ ] Name and TIN of common parent:

Name TIN

[End of Provision)

K.3 52.204-6 CONTRACTOR IDENTIFICATION NUMBER--DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (DEC 1996)

(a) Contractor Identification Number, as used in this provision, means " Data Universal Numbering System (DUNS) number," which is a nine-digit number assigned by Dun and Bradstreet Information Services.

l (b) Contractor identification is essential for complying with

statutory contract reporting requirements. Therefore, the L of f eror is requested to enter, in the block with its name and l

l Page 55 of 76

RS-IRM-97-195 Section K K.3~ (Continued)

. address on the Standard Form 33 or rimilar document, the annotation " DUNS" followed by the DUNS number which identifies the offeror's name and address exactly as stated in the offer.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information:

(1) Company name.

(2) Company address.

(3) Company telephone number.

(4) Line of business.

(5) Chief executive officer / key manager.

(6) Date the company was started.

(7) Number of people employed by the company.

(8) Company affiliation. ,

(d) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet Home Page at http://www.dbisna.com/dbis/ customer /custlist.htm. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@dbisma.com.

(End of Provision)

K.4 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)

(a) (1) lae offeror certifies, to the best of its knowledge and belief, that--

(i) The Offeror and/or any of its Principals--

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Page 56 of 76 l

RS-IRM-97-195 Section K K.4 (Continued)

Federal or state antitrust statutes relating to the submission of offers; or commissien of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, comnission of any of the offenses enumerated in subdivision (A) (1) (i) (B) of this provision.

(ii) The Offeror has ( ) has not ( ), within.a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) " Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilit im within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

-(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will-not necessarily result in withholding of an award under this solicitation. However, the certification

, will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require 1 establishment of a syster.,of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally Page 57 of 7(

- - - - .-~ _ _ . - .- - -

RS-IRM-97-195 Section K K.4 (Continued) possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is-a

-material representation of fact upon which ro?.iance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Goverrment, the Contracting officer may terminate the contract resulting from this solicitation for default.

[End of Provision)'

K.5 52.215-6 TYPE OF BUSINESS ORGANIZATION (JUL 1987)

The offeror or quoter, by checking the applicable box,

, represents that--

(a) It-operates as () a corporation incorporated u.nder the laws of the State of , [] an individual, [] a partnership, [] a nonprofit organization, or [] a joint venture; or (b) If the offeror or quoter is a foreign entity, it operates as [

] an individual, [] a partnership, [] a nonprofit organization, [ ] a joint venture, or [] a corporation, registered for business in (country).

4

[End of Provision)

K.6 52.215-11 AUTHORIZED NEGOTIATORS (APR 1984)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: [ list

, names, titles, and telephone numbers of the authorized negotiators).

[End of Provision)

Page 58 of 76

RS-IRM-97-195 Section K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (JAN 1997)

(a) (1). The-standard industrial classification (SIC) code for this acquisition is 7376.

(2) The small business size standard is no more than S18.0 million average annual receipts for an offeror's preceeding 3 fiscal years.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Reoresentations. (1) The offeror represents as part of its offer that it [] is, i } is not a cmall business concern.

(2) (Complete only if offeror represented itself as a small business concern in bl.ock (b) (1) of this section.) The offeror represents as part of its offer that it () in,

[] is not a small disadvantaged business concern.

(3) (Complete only if offeror represented itself as a small business concern in block (b) (1) of this section.) The offeror represents as part of its offer that it () is,

() is not a women-owned small business concern.

(c) Definitions. " Joint venture," for purposes of a small disadvantaged business (SDB) set-aside or price evaluation preference (as prescribed at 13 cFR 124.321), is a concern that is owned and controlled by one or more socially and economically disadvantaged individuals entering into a joint venture agreement with one or more business concerns and is considered to be affiliated for size purposes with such cther concern (s). The combined annual receipts or employees of the l concerns entering into the joint venture must meet the applicable size standard corresponding tc the SIC code designated for the contract. The majority of the venture's earnings must accrue directly to the socially and economically disadvantaged individuals in the SDB concern (s) in the joint venture. The percentage of the ownership involvement in a joint venture by disadvantaged individuals must be at least 51 percent.

"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant.in the field of operation in which

! it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Page 59 of 76 l

l 1

i l

l

. tS - I R'< - 9 7 - 19 5 Section K K.7 _( Continued) .

"Small disadvantaged business concern," as used in this provision, means a small business concern that (1) is at least 51 percent unconditionally owned'by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economical 3y disadvantaged individuals, a r.d (2) has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more of these entities, which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native' Hawaiian Organization, and which meets the requirements of 13 CFR part 124.

" Women-owned small business concern", as used i.n this provision, means a small business concern--

(1) Which is at least 51 percent owned by one or more women or , in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women.

(d) Notice. (1) If this solicitation is for supplies and has been set aside,'in whole or in part, for small business concerns, then the clause in this solicitation providing ,

notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small or small disadvantaged business concern in order to obtain 7. contract to be awarded under the preference programs established pursuant to sections 8(a), 8 (d) , 9, or 15 of the Small Business Act or any other provision of Federal law-that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be-punished by-imposition of a fine, imprisonment, or both;-

Page 60 of 76

RS-IRM-97-195 Section K K . 7. (Continued)

(ii) Be subject to administrative remedies, including suspension and debarment; and i (iii) Se ineligible for participation in programs conducted under the authority of the Act.

[End of Provision]

K.8 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)

(a) " Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and aash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for emp ayees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, le;al custom, or otherwise.

(b) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

(c) The offeror further agrees that (except where it has obtained identical certifications-from proposed subcontractors for specific time periods) it will--

(1) Obtain identical certifications fron proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certificaticns for specific time periods):

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQOIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must b.

Page 61 of 76

I l

RS-IRM-97-195 Section K K.8 -(Continued) submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

[End of Provision)

K9 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)

The offeror represents that--

(a) It [ ] has, [] nas not_ participated in a previous contract or sub;ontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contai,ned in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b) It () has, [] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

[End of Provision)

K.10 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that (a) it [] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, af firmative action progr&ms required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) , '

or (b) it [ } has not previously had contracts subject to the written affirmative action prcgrams requirement of the rules and regulations of the Secretary of Labor.

[End of Provision]

K.11 52.223 1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)

( The Offeror certifies that--

(a) Any facility to be used in the performance of this proposed contract is [ ), is not [ ] listed on the Environmental Protection Agency (EPA) List of Violating Facilities; Page 62 of 76 a - __

RS-IRM-97-195 Section K i K.11 (Continued)

(b) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the EPA, indicating that any facility that the offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and (c) The offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract.

[End of Provision)

K.12 NRCAR 2052.209-70 QUALIFICATIONS OF CONTRACT EMPLOYEES (JAN 1993)

The offeror hereby certifies by submission of this offer that all representations made regarding its employees, proposed subcontractor personnel, and consultants are accurate.

[End of Provision]

K.13 NRCAR 2052.209-71 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JAN 1993)

(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, tha use of such employees may, under certain conditions, adverseiy affect.NRC's consideration of non-competitive proposals and task - orders .

(b) The offeror hereby certifies that there ( ) are ( ) 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 brief description of the individual's role under this proposal.

[End of - Provision]

Page 63 of 76

-RS-IRM-97-195 Section K K.14 NRCAR 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (REPRESENTATION) (JAN 1993)

I represent to the best of my knowledge and belief that:

The award to of-a 4

contract.or the modification of an existing contract

/ / does

/ / does not' involve situations or relationships of the type set forth in 48 CFR 2009.570- 3(b).

(a) If the representation, as completed, indicates that situations or relationships of the type set forth in 4 8 CFR 2009.570-3 (b) are involved, or the contracting officer otherwise determines that potential organizational conflicts of interest exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant factors bearing on his representation to the contracting officer. If,the contracting officer determines that organizational conflicts exist, the following actions may be taken:

(1) Impose appropriate conditions which avoid such conflicts, (2) Disqualify the offeror, or (3) Determine that it is otherwise in the best interest of

' the United States to seek award of the contract under the waiver provisions of 48 CFR 2009-570-9.

(b) The refusal to provide the representation required by 48 CFR 2009. 570-4 (b) , or upon request of the contracting officer, the facts required by 48 CFR 2009.570-3(b), must result in disqualification of the offeror for award.

[End of Prevision)

Page 64 of 76

RS-IRM-97-195 . Section L SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (JUN 1988)

This solicitation incorporates one or more solicitation provisions 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.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

PROVISIONS NUMBER TITLE DATE 52.215-5 SOLICITATION DEFINITIONS JUL 1987 52.215-7 UNNECESSARILY ELABORATE APR 1984 PROPOSALS OR QUOTATIONS 52.215-8 AMENDMENTS TO SOLICITATIONS DEC 1989 52.215-9 SUBMISSION OF OFFERS MAR 1997 52.215-10 LATE SUBMISSIONS, MODIFICATIONS, JUN 1997 AND WITHDRAWALS OF PROPOSALS 52.215-12 RESTRICTION ON DISCLOSURE AND APR 1984 USE OF DATA 52.215-13 PREPARATION OF OFFERS APR 1984 52.215-14 EXPLANATION TO PROSPECTIVE APR 1984 OFFERORS 215-15 FAILURE TO SUBMIT OFFER MAY 1997 b- '3-16 CONTRACT AWARD OCT 1995 52.2.s-30 FACILITIES CAPITAL COST OF MONEY SEP 1987 52.222-24 PREAWARD ON-SITE EQUAL APR 1984

. OPPORTUNITY COMPLIANCE REVIEW 52.222-46 EVALUATION OF COMPENSATION FEB 1993 FOR PROFESSIONAL EMPLOYEES

[End of Provision)

L.2 52.215-41 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (JAN 1997) ALTERNATE I (OCT 1995)

(a) _Excentions from cost or cricino data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent'necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation

-Page 65 of 76

RS-IEM-97-195 Section L L.2 (Continued)-

establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of_the controlling document, un)ess it was previously submitted to the contracting office.

(ii) For a commercial item exception, the offeror shall submit, at a minimum, information on pri ;es at which the same ite ,or similar items have previously been sold that is adequate for evaluating the reasonableness of the price for this acquisition. Such informati~on may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or dencribe current discount policies and price list,s (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(B) For market-priced items, the cource and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(C) For items included on an &ctive Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting officer or an authorized representative the right to examine, at any time before award, books, records, docLmente, or cther directly pertinent records to verify any request for an exception under this provision, and the reasonableness of prica. Access does not extend to cost or profit information or other data relevant solely to the of feror's determination of the prices to be ef fered in the catalog or marketplace.

(b) Pecuirenents for cost or cricino data. If the offeror is not granted an exception from the requirement to submit cost Page 66 of 7C

RS-IRM-97-195 Section L L.2 (Continued) or pricing data, the following applies:

(1) The. offeror shall submit cost or pricing data on Standard Form (SF) 1411, Contract Pricing Proposal Cover Sheet (Cost or Pricing Data Required), with supporting attechments prepared in the following format:

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Oost or Pricing Data, as prescribed'in FAR 15.804-4.

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a cost-plus-fixed-fee contract resulting from this solicitation.

[End of Provision]

L.4 52.233-2 SERVICE OF PROTEST (AUG 1996)

(a) Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies or any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtcining written and dated acknowledgment of receipt from:

U.S. Nuclear Regulatory Commission Djvision of Contracts and Contract Management Branch 3 Property Management Washington, DC 20555 Hand carried address:

U.S. Nuclear Regulatory Commission Division of Contracts and Property Management Contract Management Branch 3 11545 Rockville Pike -

Rockvi]le, MD 20852-2738 (b) _The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

[End of Provision)

Page 67 of 76

RS-IRM-97-195 Section L +

L.5 52.237-1 SITE VISIT (APR 1984)

Offerers or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the~ site constitute grounds for a claim after contract award.

[End of Provision)

L.6 NRCAR 2052.215-74 TIMELY RECEIPT OF PROPOSALS (JAN 1993)

Because NRC is a secure facility with perimater access control, offerors chall allow additional time for hand delivery (including express meil and delivery services) of proposals to ensure that they are timely received in the depository at the addrass-shown in Item 9 on the Standard Form 33.

[End of Provision)

L.7 NRCAR 2:52.215-75 AWARD NOTIFICATION AND ,

COMMITMENT OF PUBLIC FUNDS (JAN 1993)

(a) All offerors will be notified cf their selection or nonselection as soon as possible. Formal notification of nonselection for unrestricted awards may not be made until a contract has been awarded. Pursuant to requirements of FAR 15.1001 'b) (2 ) , preliminary notification will be provided before the award for small business set-aside procurements on negotiated procurements.

(b) It is a:.so brought to your attention that the contracting officer is the only individual who can legally commit the NRC to the expenditure of public funds in connection with this procurenent. This means that unless provided in a contract document or specifically authorized by the contracting officer, NRC technical personnel may not issue contract modifications, give informal contractual commitments, or otherwise bind, commit, or obligate the "RC contractually.

Informal contractual commitments include:

(1) Encouraging a potential contractor to incur costs prior to receiving a contract; (2) Reglesting or requiring a contractor to make changes under a contract without formal contract modif_ ati.ons; Page 68 of 76

RS-IRM-97-195 Section L ,

L.7 (Continued)

(3) Encouraging a contractor to incur costs under a l cost-reimbursable contract in excess of those coscs contractually allowable; and (4) Committing the Government te a course of action with regard to'a potential contract, contract change, claim, or dispute.

[End of Provision)

L.8 NRCAR 2052.215-75 DISPOSITION OF PROPOSALS After award of the contract, one ccpy of each t.nsuccessful proposal-is retained by the NRC's Division of Contracts and i Property Management in accordance with the General Records Schedule 3 (5) (b) . Unless return of the additional copies of the proposals is requested by the offeror upon submission of proposal, all other copies will be destroyed. This request should appear in a cover letter accompanying the proposal.

[End of Provision)

L.9 2052.215-77 PROPOSAL PRESENTATION AND FORMAT (DEC 1995)

(a) Proposals must be typed, printed, or reproduced on letter-size paper and each copy must be legible.

(b) Proposals in r'esponse to this Request for Proposal must be submitted in the following three (3) separate and cistinct parts:

(1) Two (2) orginial signed copies of this solicitation package. All applicable sections must be completed by the offeror.

(2) One (1) original and 4 copies of the " Cost Proposal."

(3) One (1) original and 4 copies of the " Technical and Management Proposal."

(c) Correctness of the proposal. Caution--offerors are hereby notified that all information provided in its proposals, including all resumes, must be accurate, thruthful, and complete to the best of the offeror's knowledge and belief.

The Commission will rely upon all representations made by the offeror both in the evaluation process and for the performance of the work by-the offeror selected for award. The Commission may require the offeror to substantiate the credentials, education, and employment history of its employees, subcontractor personnel, and consultants, through submission Page 69 of 76

RS-IRM-97-195 Section L L.9 (Continued) of copies of transcripts, diplomas, licenses, etc.

(d) Cost propesal.

-(1) The offeror shall use Standard Form 1411, Contract Pricing Proposal Cover Sheet, in submitting the Cost Proposal. A copy of the form and instructions are attached to this solicitation. The information must include pertinent details sufficient to show the elements of cost upon which the total cost is predicted. The Cost

, Proposal must be submitted separately from the Technical and Management Proposal.

(2) When the offeror's estimated cost for the proposed work exceeds $100,000 and the duration of the contract period-exceeds six months, the offeror shall submit a Contractor Spending Plan (CSP) as part of its cost proposal.

Guidance for completing the CSP is attached.

(3) For any subcontract discussed under the Te,chnical and Management Proposal, provide supporting documentation on the selection process, i.e., competitive vs.

noncompetitive, and the cost evaluation.

(4) The offeror's proposal shall include a description and estimated acquisition / fabrication cost of property required for performance that has a proposed acquisition / fabrication cost of $500 or more.

(5) If government furnished property will be provided under performance of the resulting contract or if contractor acquirea property is proposed for performance of this effort. the proposal shall provide the following information about the offeror's inventory system:

(a) whether another U.S. Government agency has approved the inventory system (b) the date of such approval (c) a contact point with telephone number and address for the approving agency If the inventory system has not been approved by another government agency, the offeror shall provide a description of their inventory system for review and approval by the Nuclear Regulatory Commission.

(e). TECHNICE AND MANAGEMENT PROPOSAL Page 70 of 76 1

1

.. . ~ _ . ~

RS-IRM-97-195 Section L L.9 (Continued)

The Technical and Management Proposal shall not contain any reference to cost. Resource infor: nation such as data concerning labor hours and categories, materials, subcontracts, travel, computer time, etc., shall be included in the Technical and Management Proposal so that the Offeror's understanding of the scope of work may be evaluated.

The Offeror shall submit with the Technical and Management Proposal, full and complete information as set forth below to permit the Government to make a thorough evaluation and a sound determination that the proposed approach will have a reasonable likelihood of meeting the requirements and objectives of this procurement.

Statements which paraphrase the Statement of Work without communicating the specific innovation proposed by the Offeror or statements to the effect that the Offeror's understanding can or will comply with the Statement of Work may be construed as an indication of the Offeror's lack of understanding of the Statement of Work and objectives.

The Technical and Management Proposal shall set forth as a minimum, the following:

1. PAST PERFORMANCE The offerors shall provide the NRC with the attached questionnaire filled out by three companies where they have performed equivalent work. The NRC reserves the right to contact any of these companies that fill out the_ questionnaire to validate the responses in the questionnaire. The contacts name and phone number shall be provided for the questionnaire to be acceptable.
2. DEMONSTRATED UNDERSTANDING OF THE SCOPE OF WORK i

Demonstrate a sound approach and comprehensive implementation plan to meet the daily operational support tasks outlined in the Statement of Work. Show potential problem areas and the approach to be taken to resolve said areas. State any interpretations, requirements, or assumptions _in the Statement of Work.

3. PERSONNEL QUALIFICATIONS / EXPERIENCE Include resumes for all personnel to be utilized in the performance of any resulting contract. At a minimum, the resumes should include:

c Training and education related to the tasks delineated in the Statement of work. Include all technical or trade Page 71 of 76

RS-IRM-97-195 Section L L.9 (Continued) schools, military training and commercial training programs.

o Previous work experience related to operations of mainframe and mini computers.

o Information provided shall be detailed enough to demonstrate that the proposed personnel have the depth and relevancy of experience to meet the NRCs requirements as set-forth in the Statement of Work.

4. MANAGEMENT APPROACH
a. Demonstrate a sound management approach to implementing the contract. This shall include:
i. A description ef the Offeror's proposed management techniques to oversee the administration of the Contract.

ii. Procedures to provide on-going and backup support to avoid system interruptions. As a minimum this procedure description should inc?ade the designated point of contact both principle and backup (if applicable), and the maximum time backup personnel can be available from the time the Contract is notified of the need for a backup person by the NRC Project Officer.

iii. The Offeror's training plan to keep personnel up-to-date with the new features of the hardware / software listed in the Statement of Work. State any assumptions, interpretations, and requirements involved in this training plan.

(End of Provision)

L.10 NRCAR 2052.216-70 LEVEL OF EFFORT (JAN 1993)

The NRC's estimate of the total effort for this project is approximately 8.6 professional and 0.1 clerical staff-years for the duration of this contract. This information is advisory and is not to be considered as the sole basis for the development of the staffing plan. For the purposes of the Government estimate, 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> constitute a staff year.

[End of Provision:

L.11 NRCAR 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE (JAN 1993)

-It is the policy of the Executive Branch of the Government that:

Page 72 of 76

RS-IRM-97-195 Section L L.11 (Continued)

(a) Contractors and subcontractors engaged in the performance of Federa) centracts may not, in connection with the emplovment, advancement, or discharge of employees or in connectica with the terms, conditiont, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirements; and (b) That contractors and subcontractors, or person acting _on their behalf, may not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age

.' i mi t for employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.

(End of Provision]

L.12 ACCEPTANCE PERIOD (MAR 1987)

Because of the time required by the Government to evaluate proposals arJ make an award, offerors are instructed to specify on the SF-33 a y 'posal acceptance period of not less than 120 days days.

[End of Provision]

L.13 ESTIMATED DURATION (JUN 1988)

The duration of the contract is estimated to be 3 years. (See section F for any option periods)

. (End of Provision]

L.14 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT / REMITTANCE ADDRESS It is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system in lieu of a U.S.

Treasury check. If for good reason the offeror is unable to participate in the ACH/ Vendor Express program, it should be notated in the offeror's proposal and it will be discussed during the negotiation process. If item 15C. of the Standard Form 33 has been checked, enter the remittance address should agreement to an alternate method of payment ensue.

1 i

~

Page 73 of 76

RS-IRM-97-193 Section L L.14 (Continued)

Name:

Address:

(End of Provision)

Page 74 of 76

I RS-IRM-97-195- ' Sect' ion M-

~

SECTION M EVALUATION. FACTORS FOR AWARD {

M.1 52.252 SOLICITATION-PROVISIONS INCORPORATED ,

_ BY REFERENCE . (JUN .19 8 8).

Thi's solicitation incorporates one or more solicitation E

previsions by reference, with the same force and effect as if they. .

were;given in. full text. Upon' request, the contracting officer-

. willLmake their full text-available.

I. FEDERAL ACQUISITION REGULATION (4 8 CFR CEAPTER 1)-

PROVISIONS NUMBER- TITLE DATE 52.217-5 EVALUATION OF OPTIONS- JUL 1990

[End of Provision) .

M.2 NRCAR 2052.215.84 CONTRACT AWARD AND EVALUATION OF PROPOSALS - TECHNICAL MERIT MORE IMPORTANT THAN COST (JAN 1993)

(a) By use of numerical and narrative scoring techniques,_

proposals are evaluated against the evaluation factors specified in paragraph M.J below. 'These factors are listed in F

their relative order of importance. Award is made to the offeror:

l (1) Whose proposal is technically acceptable; 1

(2) Whose technical / cost relationship is most advantageous to the Government; and

-(3) Who is-considered-to be responsible within the meaning of Federal Acquisition Regulation Part 9.1.

(b) Although cost is a. factor in the evaluation.of proposals, technical merit in the evaluation criteria set forth below is a more significant factor in the selection of a contractor.

Further, to.be selected for an award, the proposed cost must be realistic and reasonable.

(c)-The Government may:

(1) Reject any or all offers if the action is in the-public l' interest; l (2) Accept other1than the lowest offer; and (3) Wa_ive informalities and minor irregularities in offers l

L Page 75 of-76

_ . - - ,, u _ u. ......a__._a,___u._ _;_ .__ _ _ _ -- - -

RS-IRM-97-195 Section M M.2 (Continued) received.

(d) The Government may award-a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical' standpoints.

(e) A separate cost analysis is performed on each cost proposal.

To provide a common base for evaluation of cost proposals, the level of effort data must be expressed in staff hours. Where a Contractor Spending Plan (CSP) is required by other provisions of this solicitation, consideration is given to the Plan for completeness, reasonableness, and as a measure of effective management of the effort.

, (f) In making the above determination, an analysis is performed by the Government that takes into consideiltion the results of the technical evaluation and cost analysis.

[End of Provision) ,

M.3 EVALUATION CRITERIA (MAR 1987)

Weights Based en 100 points

1. PAST PERFORMANCE 30
2. DEMONSTRATED UNDERSTANDING OF THE SCOPE OF WORK 30
3. PERSONNEL QUALIFICATIONS / EXPERIENCE 30 The offerors proposed personnel qualifications and experience as it relates to the operation of Data General AOS/VS II, IBM VM/ESA, DEC VMS operating systems and knowledge operation of NRC critical systems such as Nuclear Documents, Payroll and Emergency Response Data Systems as referenced in Section C.
4. MANAGEMENT APPROACH 10 The offerors proposed management approach to provide on-going and back-up support. The offerors approach to providing continuing education anc training to personnel under this contract will . iso be evaluated.

[End of Provision) i I,

i Page 76 of 76 i