ML20205J064

Mod 1 to Contract NRC-02-98-006

ML20205J064
Person / Time
Issue date:	03/31/1999
From:	Lobello F, Pool S NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE & ENGINEERING ASSOCIATES, INC.
To:
References
CON-NRC-02-98-006, CON-NRC-2-98-6 NUDOCS 9904090156
Download: ML20205J064 (8)

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AMENDMENT OF SOLICITATION /MODIF1 CATION OF C".NTRACT

2. AMENOMENTIMOOiFICAflON NO. _ 3 EFrECTivE DATE - 4. REOut$lTION!?URCHASE REQ. NO.

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6. PROJECT NO. {if appiscable) 1 see block 15C ADM RFPA

6. ISSUED BY " * ' '"*"* '

CODE CODE U.S. Nuclear Regulatory Comission -

l Division of Contracts and Property Mgt.

l Attn: T 7-I-2 -

l Contract Management Branch No. 1 W;shington DC 20555 8.NAME AND ADDRESS OF CONTRACTOR {No., street, county, State and ZIP Codel (x) 9A. AMENDMENT OF SOLICITATON NO.

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Science and Engineering AssoClates, Inc. 98. DATED (SEE ITEM H) ,

6100 Uptown 8lvd. Suite 700 l

10A. MODIFICATION OF CONTRACT / ORDER No.

l Cor.# hRC-02-98-006 108. DATED (SEE ITEM 131 CODE lFACluTY CODE X 08 24-1998 I j 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers [is extended, [is not extended.

Offsrs must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(I) By completing items B and 15, and returning copies of the amendment; (b) By acknowledging receip't of this amendment of each copy of the off tr tubmitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC-KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already suDmitted, such change may be made I by tilagram or letter, provided eaCh telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour end dTte specified.

12. ACCOUNTING AND APPROPRIATION DATA tif required)

No Change

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS / ORDERS, IT MODIFIES THE CONTRACT / ORDER NO. AS DESCRIBED IN ITEM 14.

(X) A. THIS CHANGE -DRDER IS ISSUED PURSUANT 70: (Specify authonty) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN (TEM 10A.

B. THE ABOVE NUMBERED CONTRACTtORDER IS MODIFIED TD REFLECT THE ADMINISTRATIVE CHANGES tauch as chan0es in paymg offica, appropflahon date etc.)

SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103(bl.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: gg g X

D. OTHER (Specify type of modshcotion and authonty)

E. IMPORTANT: contractor is not, x is required to sign this document and return tNo e *s to the issuing office. /

14. DEsCalPTION OF AMENDMENT / MODIFICATION (Organized by UCF section headings,6actudmg sohcatation/ contract subloct matter whers /s.)

See attached Continuation sheet.

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t) y Encept as prowded herem. all terms and conditions of the document referenced in item SA or 10A, as heretofore changed. remems unchanged andin full force and effect.

15A. NAME AND TITLE OF SIGNEit (Type or pnnt) isA. NAME A CONTRACTING OFFICER (Type et pnnt)

Frances C. LoBello S en M. Pool Set)4or Contracts Adtninistrator A 168,u YN . uIERIC tra ' CToR/ OFFEROR 1sc. DATE $1GNED 16C. DATE SIGNED

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ts.onature of person uthenned m gni 03/31/99 sY ,

_ _ _ _ _ is.on.iu,. ei Contraconsyheeri / 03-17-1999 9904090156 990331 i sTANo^ao Foam so (REv. io an PDR CONTR NRC-02-98-OO6 PDR

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• Mdd# 1 Con # NRC-02-98-006 CONTINUATION PAGE

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The purpose of this contract modification is to incorporate into the contract an approved Contract Security and Classification Requirement (NRC form 187) and appropriate contract security clauses at no change to the contract ordering ceiling as set forth in Section B.3 of the contract. l Accordingly, the contract is hereby~ modified as follows: '

1. The NRC Contract Security and Classification Requirement (NRC Form 187 attached to this modification) is hereby incorporated into this contract at Section J.1 as Attachment 7. In addition, the following contract clausee entitled, " SECURITY" and " CONTRACT SECURITY REQUIREMENTS FOR UNESCORTED ACCESS TO NUCLEAR POWER PLANTS" are hereby incorprated into this contract in full text as Section H.S and H.6. These contract changes are made at no j change to the contract ordering ceiling set forth at Section B.3 of the contract.

H.S SECURITY (a) Security / Classification Requirements Form. 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 controlled buildings, or otherwise requires NRC photo .

identification or card-key badges.

(b) It is the contractor's duty to safeguard National Security Information, l 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, l and Formerl '

espionage,loss,y Restricted Data, and theft, theand for protecting classified against documents and sabotage, material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall, upon completion or termination of this contract, transmit to the Commicsion 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 I required after the completion or termination of the contract and 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 retention of the matter and their period of retention, if known. If the retention is approved by the contractin officer, thesecurityprovisionsofthecontractcontinuetobeapp$1 cable I to the matter retained. 1 (c) In connection with the performance of the work under this contract, the l contractor may be furnished, or may develop or acquire, proprietary data l (trade secrets) or confidential or privileged technical, business, or l financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or other information which has not been released to the public or l has been determxned by the Commission to be otherwise exempt from disclosure i to the public. The contractor agrees to hold the information in confidence '

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• MddA 1 Con # NRC-02-98-006

.and not to directly or indirectly duplicate, disseminate, or disclose the

~information in whole or in part to any other person o'r organization except 4

l as may be necessary to perform the~ work under this contract. The contractor agrees to return the information~to.the.. Commission or o.therwise dispose of it at the direction of the contra'cting officer. Failure to comply with' this clause is grounds for termination of'-tSis contract.

(d) Regulations. The contractor agrees to conform to all security I regulations and requirements of the Commission which are subject to change f as directed by the NRC Division of Security and the Contracting Officer. I 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, means 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 removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as i

I amended.

(g) Definition of Formerly Restricted Data. The term Formerly Restricted j Data, as used in this clause, means all data removed from the Restricted Data category under 'ection 142-d of the Atomic Energy Act of 1954, as amended.

(h) Security clearance personnel. The contractor may not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required. The contractor shall also execute a Standard Form 312, Classified Information Nondisclosure Agreement, when access to -

. classified information is required.

(i) Criminal liabilities. It is understood that disclosure of National Security Information, Restricted Data, and Formerly Restricted Data, relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the contractor or any person under the contractor's control in connection with work under this contract, may subject the contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C.

2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12356.)

(j) Subcontracts and purchase orders. Except as otherwise authorized in writing by the contracting officer, the contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.

(k) In performing the contract work, the contractor shall classify all documents, material, and equipment originated or generated by the contractor Page 3

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• Mdd# 1 Con # NRC-02-98-006 in accordance with guidance issued by the Commission..Every subcontract and purchase order issued hereunder' involving the origination or generation of l

' classified documents, material, and equipment must provide that the -

subcontractor or supplier assign" classification to all documents, material, and equipment in accordance with guidance furnished by the contractor.'

(1) Personnel security clearances shall be processed and granted in accordance with NRC Management Directive 12.3. The contractor shall submit to the U.S. Nuclear Regulatory Commission, Division of Facilities and Security, Washington, DC 20555 within fifteen (15) calendar days following the effective date of this contract modification, completed personnel security packets for all personnel requiring security clearance.

49 H.h CONTRACT SECURITY REQUIREMENTS FOR UNESCORTED ACCESS TO NUCLEAR POWER PLWTS (FEB 1995)

Performance under this contract may involve unescorted access to protected and vital areas of nuclear power plants or access to unclassified Safeguards Information (SGI).

Individual contractors requiring access to protected and vital areas of nuclear power plants or access to unclassified SGI will be approved for access in accordance with the following procedures:

A. Temporary Approval (a) The contractor shall submit the following information to the NRC Division of Facilities and Security (DFS) through the NRC Project Officer within thirty (30) calendar days following contract award, modification, or proposal of new personnel for contract tasks requiring unescorted access: a completed Personnel Security Forms Packet, including an SF-86,

" Questionnaire for Sensitive Positions (For National Security);" copies c=. I the contractor's five-year employment and education history checks, including verification of highest degree obtained; a reference from at least one additional person not psychological evaluation;and provided by the individual; a certification that the results of ahas found contractor l

all checks acceptable. The results of a psychological examination, which i uses a reliable written personality test or any other professionally j' accepted clinical evaluation procedure, shall be used to evaluate a subject's trustworthiness, reliability, and stability. The contractor shall review all required information for accuracy, completeness, and legibility,

'except Part 2 of the SF-86 which is required to be completed in private and  ;

submitted by the individual to the contractor in a sealed envelope. l Or, (b) The individual will arrange to be fingerprinted by the subject utility, I and the contre; tor will submit to the utility's access authorization  !

program. l In Section A above, DFS will conduct criminal history and credit checks

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and a security assurance interview with the individual. ji Based on the result of these checks, DFS will determine the individual's  !

eligibility for temporary access and provide an objection or no objection to the sponsoring Office pending completion of the required background investigation by OPM.

I B. Final Approval Page 4 L l

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(a) The required investigation on the individual has been completed, and j is satisfactory, resulting in NRCfs endorsement of the individual's '

unescorted access at all nuclear. facilities for the life of the contract, or

! (b) The contractor has obtained: unescorted access authorization (other than temporary access) a at the specific ~f'cility through that utility's access authorization program, or (c) The individual possesses a valid government issued clearance as verified by DFS. A valid government-issued clearance is defined as a U.S.

Government-issued security clearance equivalent or higher than an NRC "L" clearance (e.g., Secret) based on a comparable investigation not more than l five years old.

l If an NRC contract is let to a foreign owned company employing foreign nationals, DFS will attempt to obtain a security assurance from the respective government that a comparable investigation has been conducted on the individual. If an acceptable assurance is obtained, DFS will provide a EO SECURITY OBJECTION without further investigative checks.

I The investigation in Section B above may involve a National Agency Check '

with Inquiries and Credit (NACIC) or other investigation as deemed necessary by DFS in accordance with 10 CFR Part 10 and NRC Management Directive and Handbook 12.3. Any questions regarding the individual's eligibility for j j

unescorted access to protected or vital areas of nuclear power facilities '

will be resolved in accordance with the provisions specified in 10 CFR Part 10, which is incorporated into the contract by reference as though fully set forth herein.

The contractor shall submit to DFS through the Project Officer for each contraccor individual submitted / approved for access under the provisicns of Sections A and B above, a signed NRC form 570, " Access Authorization Acknowledgment" from the individual that he or she understands his or her responsibility to report to the NRC, Division of Security, Personnel Security Branch, any information bearing on his or her continued eligibility for access authorization as specified in 10 CFR Part 10, Section 10.11

" Criteria".

Access to unclassified power reactor Safeguards Information (SGI) not also involving unescorted access to protected and vital areas of nuclear power plants will require the submission of a completed Personnel Security Forms Packet to DFS through the Project Officer and may require a National Agency Check (NAC) or other investigation deemed necessary by the NRC in accordance with 10 CFR Part 10 and NRC Management Directive and Handbook 12.3 which is incorporated into this contract by reference as though set forth herein.

Any questions regarding the individual's eligibility for access to nuclear power reactor SGI will be resolved in accordance with the provisions set forth in Exhibit 11, Management Directive 12.3. Based on the review of the applicant's security forms by DFS and/or the receipt of adverse information by NRC, the individual may be denied access to nuclear power reactor SGI until a final determination of his or her eligibility for access is made under the provisions of 10 CFR Part 10. During the processing by DFS of new individuals for access to nuclear power reactor SGI, access may be granted under licensee programs.

C. Fitness for Duty l

Pursuant to NRC policy, all contract individuals proposed for performance of task orders requiring unescorted access to nuclear power plants will be l subject to the requirements of the licensee's Fitness-for-Duty program.

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• Med# 1 Con # NRC-02-98-006 D. Basic Exposure Control and 2.

Personnel Dosimetry, Training Requirements The contractor shall certify th.at perso.inel utilized under the scope of work herein have completed basic

• exposure.gontrol and personnel dosimetry training sufficient to meet the requirements of commercial nuclear power plants for unescorted access. Training Will-be provided on a one-time-basis, upon issuance of the applicable task order (s) , for those individual (s) for whom the contractor cannot certify as to having completed the above training within the past year. Site specific trainin still be required during the performance ol' individual g obtainedtask at each site orders in will addition to the basic training.

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. .a , t NRC FORM 187 U.S. NUCLEAR REGULATORY COMMISSION AUTHONITY rAssn The policies, procedures, cnd critira of ba NRCMD 12 NRC Secunty Prograrn. NRCMD 12. apply to CONTRACT SECURITY A'ND/OR o7n"eC"$ "" ' ""' '"** ""'" '

CLASSIFICATION REQUIREMENT.S,/

COMPLETE CLASSIFIED ITEMS BY SEPARATE CORRESPONDENCE 1 CONTRACTOR NAME AND ADDRESS A~ CONTRACT NUMBER FOR COMMLRCIAL CONTRACTS OR JOB CODE FOR DOE 2. TYPE OF SUBMtSSION PROJECTS (Prune contred number must be shown Science and Engineering Inc. '"""*"') -

NRC-02-98-006 g A ORIGINAL 6100 Uptown Boulevard, Suite 700 _ ,

Albuquerque,NM 87110 8 EAd$C7Tt o D

cggRggpo7t t = .ubnu-->

08/24/1998 08/24/20Dd' ___"'"'""

3. FOR FOLLOW.ON CONTRACT, ENTER PRECEDING CONTRACT NUVBER AND PROJECTED COMPLETION DATE '

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A DOES NOT APPLY B CONTRACT NUfABE5 DATE d

4 PHOJLC i llILk AND OIHLR IDENilf YlNG INF ORMAllON

" Update Fuel Cycle Safety and Safeguards Regulatory Guidance Documents" Task Order 1 Review of Appendix B for Fuel Cycle Facilities" l

5. PERFORMANCE WILL REQUIRE A ACCESS TO CLASSIFIED MATTER OR CLASSIFIED INFORMATION NOT _ . _ _ . .s___ .

YES (if "YES " answer 1-7 below) APPLICABLE __

NO (If "NO," proceed to 5 C )

1. l ACCESS TO FOREIGN INTELUGENCE INFORMATION - ~-- ~ -~^

2. RECEIPT. STORAGE. OR OTHER S/ FEGUARDING OF -r -- - - --

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CLASSIFIED MATTER. (See 5 B )

3. GENERATION OF CLASSIFIED MATTER.

1. ACCESS Td CRYPTOGRAPHIC MATERIAL ORMHER _ - - -

CLASSIFIED COMSEC INFORMATION

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5 ACCESS TO CLASSIFIED MATTER OR CLASSIFIED _ _ _.__ _ _

INFORMATION PROCESSED BY ANOTHER AGENCY.

6 CLASSIFIED USE OF AN AUTOMATIC DATA PROCESSING y - - -- -

SYSTEM V

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7. OTHER (Specify)

B IS FACILITY CLEARANCE REQUIRED? YES ~~^ NO LO,gg.eJ11.On C.

_a UNESCORTED ACCESS IS REOUIRED TO PROTECTED AND VITAL AREAS OF NUCLEAR POWER PLANTS D ' ACCESS IS REOUIRED TO UNCLASS!FIED SAFEGUARDS INFORMATION E. ACCESS IS REQUIRED TO SENSITIVE ADP SYSTEMS AND DATA F. UNESCORTED ACCESS TO NRC HEADOUARTERS BUILDING.

1 FOR PROCEDURES AND REOUIREMENTS ON PROVIDING TEMPORARY AND FINAL APPROVAL FOR UNESCORTED ACCESS. REFER TO NRCMD 12 NHC t ONM 161 $1W) PRINTED ON RECYCLED PAPER Uus fem wa6 dehved uwig inf wms

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• 6 LNFORMATION PERTAINING TO THESE REQUIREMENTS OR THIS PROJECT EVEN THOUGH SUCH INFORMATION IS CONSIDERED UNCLASSIFIED.

SHALL NOT BE RELEASED FOR DtSSEMINATION EXCEPT AS APPROVED 80

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NAME AND TITLE' SIGNATURE DATE

7. CLASSIFICATION GUIDANCE NATURE OF CLASSIFIED GUIDANCE IDENilFICAT40N OF CLASSIFICATION GUIDES Reference Classification Guide " Nuclear Materials and Facilities - Revision 2."

8. CLASSIFIED REVIEW OF CONTRACTOR / SUBCONTRACTOR REPORT (S) AND OTHER DOCUMENTS WILL BE CONDUCTED BY:

AUTHCRIZED CLASSIFIER (Name and Title) DIVISION OF FACILITIES AND SECURITY Elizabeth Q. Ten Eyck I

9. REQUIRED DISTRIBUTION OF NRC FORM 187 Check appropriate bor(es)

SPONSORING NRC OFFICE OR DMSION (Item 10A) DIVISION OF CONTRACTS AND PROPERTY MANAGEMENT g DMSION OF FACILITIES AND SECURITY (item 10B) CONTRACTOR (Item 1)

- SECURITY / CLASSIFICATION REQUIREMENTS FOR SUBCONTRACTS RESULTING FROM THl3 CONTRACT WILL BE APPROVED BY THE

__ OFFICIALS NAMED IN ITEMS 108 AND 10C BELOW.

10. APPROVALS SECURITY / CLASSIFICATION REQUIREMENTS FOR SUBCONTRACTS RESULTING FROM THIS CONTRACT WILL BE APPROVED BY THE OFFICIALS NAMED IN ITEMS 100 AND 10C BELOW.

. NAME (Print or type) SIGNATURE DATE A DIRECTOR. OFFICE OR DMSION SIGNATURE DATE Elizabeth Q. Ten Eyck ( -- "

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B DIE 56iUR. DMSION O'

. F V CIUTIES ANU5EdO5TI~ ~ ' ~ SIGNATURE ~ ~DATE^

Thomas O. Martin C. DIRECTOR. DMSION OF CONTRACTS AND PROPERTY MANAGEMENT FO. gut SIGNATURE 3h,hs 2DATE Mary H. Mace, C0 ,

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