Text

Contract NRC-10-98-151 Awarded to Wackenhut Svc,Inc
	ML20237B847
Person / Time
Issue date:	08/13/1998
From:	Luper L, Wiggins E; NRC OFFICE OF ADMINISTRATION (ADM), WACKENHUT ADVANCED TECHNOLOGIES CORP.
To:	;
References
	CON-FIN-D-2370, CON-NRC-10-98-151 NUDOCS 9808200019
	Download: ML20237B847 (66)
	v • d • e

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1 THis CONTPACT IS PATED ORDER RATING tPAGE OF PAGES AWARD / CONTRACT UNoER DPAS lis CFR 3so,

g. g i 2 CONTRACT h0. tProc. Inst ident ) '3 EFFECTIVE DATE '4 REOulSITiON PURCHASE PEQUEST PROJECT NO NRC-10-98 151 OE-14-1998 11:00 p.m. i AoM 98:151 8 ' '"* "*

l """*"'"'* CODE i CODE _ . . _ . _ l 8 ' ^*"'8'E "'

U.S. Nuclear Regulatory Comission ,i Division of Contracts and Property Mgt. l Attn: T-7-I 2 Contract Management Branch W Xhington DC 20555 !

1

-.1 T. NAME AND ADDRESS OF CONTRACTOR (No., street, city. county, State and ZIP Cadei 8 DEUVERY Wackenhut Services, Incorporated FOH ORIGIN OTHER t$ee below)

ATTN: Mr. James L. Long, President ~

s DISCOUNT FOR PROMPT PAYMENT 4200 Wackenhut Drive i sulte 100 j Palm Beach (eardens FL 33410-4243 NfA

10. SUSMIT INVOICES ITEM 14 copies unless otherwise specified, 5 TO THE ADDRESS SHOWN IN-COCi IFACiuTY CODE

11. ship To/ MARK FOR cogg l 12. PAYMENT WILL BE MADE BY CODE U.S. Nuclear Regulatory Co m lSSIDn U.S. Nuclear Regulatory ComiSSion l DiviSlon of Facilities and Security Office of the Chief Financial OfflCer 1 ATTW: MS, Sandra SChoenmann Attn: Ms. Carolyn Berry l 11515 RoCkville Pike, M/S T-6-E-27 11545 RoCkville Pike, M/S T-9 H-4 l W:Shington DC 20555 Washington DC 20555 J

13. AUTHORITY FOR U$ LNG OTHER THAN FULL AND OPEN COMPETITION t4. ACCOUNTING #.NO APPROPRIATION DAT A 10 U.5 C. 2304(cH _) 41 U.S.C. 253tcH _1 ISA. ITEM NO. 158 SUPPUES/ SERVICES iSC. QUANTITY 15D.UNtf 15E. UNIT PRICE 16F. AMOUNT See Section B, Schedule of items and Price 5 l

iso. Tom ^MOuc Or COurRAa > $896.005.00

16. TABLE OF CONTENTS See Attached Table of Contents DESCRIPTION l PAGELS) (X) f SEC. l DESCRIPTION l PAGEIS)

(X) lSEC.l PART l . THE SCHEDULE PART ll - CONTRACT CLAUSES A SOUCif ATIONICONTRACT FORM l 1 CONTRACT CLAUSES l PART m UST OF DOCUMENTS, EXHIBITS ANO OTHER ATT ACH.

B SUPPUES OR SERVICES AND PRICESTOSTS C DESCRIFnON/SPECSJWORK STATTMENT J lUST OF ATTACHMENTS l l

D PART tv - REPfESENT ATIONS AND INSTRUCTIONS PACKAGING AND MARKING .

E INSPECTION AND ACCEPTANCE REPRESENTATIONS, CERTW1 CATIONS AND g

F OTHER ST ATEMENTS OF OFFERORS 1 DEUVERIES OR PtiRFORM ANCE 0 L INSTR $ , CONDS., AND NOTICES To OFFER CONTRACT ADMINi$TRATION DAT A M j H SPfCIAL CONTRACT RFOUIRFMENTS CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE FVALUATION FACTORS FOR AWARD rs 1 Yl ,

17. CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this i t. AWARD (Contractor is not requered to ogn stus document.) Your offer on l copies to 6ssumg office.) , meludmo the f'

document and return 3 Contractor agrees to turmsh and dehver allitems or perform all the sennces set forth or otherwise Sohcriaban Number _

additions or changes made by you when additions or changes are set forth in full aboveas hereby .

6denetted above and on any contmuanon sheets for the conaderanon stated heren. The nghta . eccepted as to the items hated above and on any contmustion sheets. TNs award consummates ,

and obhoshone of the partsee to thse contract thesi be subject to and governed by the foHowmg the contract which conosta of the followrng docufnente: (a) the Go"ernment's cohc4ation and documents: (a) tfus award / contract, (Df the schestacon, if any, and (cl such provisons. your offer, and (bl this award / contract. No further contractual 0,cument is esecessary. !

representshons, certificebens, and specificanons, se are ettsched or mcorporated by reference t 0

herein attachments are hated herein,)

19A. NAME AND Tar 8:GNER (Type 20A. NAME OF CONTRACTING OFFICER LARRY K. U R, VICE ESID NT BUSINESS MGT bElofS.J J iggins, )

r 198. N ONTRkbf 19C. DATE SIGNED 208. UNI D STATES OF ERICA.

20C.DATE $1 NED l ev 8/13/98 era ei 6 l b"

<S4n.~e ."Connecon,O.. . . <//3- y (-

.i na e o. -snn aumon,e. to e.on, !

l 9008200019 980813 STANDARD FORM 2e REv.<4esi EDR CONTR _ _ )

- % TABLE OF " FN13

! PART I - THE SCHEDULE. .

SECTION A - SOLICITATION / CONTRACT FORM SF 26 AWARD / CONTRACT Page 1 of Pages . . .

j SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS . 5 B.1 PROJECT TITLE . . . 5 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987). . . 5 ALTERNATE 1 (JUN 1988)

B.3 SCHEDULE OF ITEMS AND PRICES. . . . . . . .

B.4 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS . . 7 (JUN 1988)

B.5 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE . .

SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK . . . . . . 8 C.1 INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . 8 C.2 CONTRACT OBJECTIVE. . . . . . . . . . . . . . . . . 8 C.3 SCOPE OF WORK . . . . . . . . . . . . . . . . . . 8 C.4 ORDERS. . . . . . . . . . . . . . . . . . . . . . . . . . 9 C.5 CONTRACTOR RESPONSIBILITIES . . . . . . . . . . . . . . 10 C.5.1 Protective Security Services. . . . . . . . . . . . Il C.6 PERSONNEL REQUIREMENTS. . . . . . . . . . . . . . . . 13 C.7 PROFESSIONAL CONDUCT, HEALTH, AND APPEARANCE . . . . . . . 14 C.7.1 Professional Standards . . . . . . . . . . . . . 14 C.7.2 Removal / Replacement of Security Officers . . . . . . 14 C.7.3 Intoxicants and Narcotics. . . . . . . . . . . . . . 16 C.7.4 Relief by an Intoxicated Person. . . . . . 17 C.7.5 Prescribed Narcotics . . . . . . . . . . . . . 17 C.7.6 Prescription Drugs' . . . . . . . . . . . . . . 17 C.8 HEALTH AND PHYSICAL FITNESS . . . . . . . . . . . . . . . 17 C.8.1 General Qualifications . . . . . . . . . . . . . . . . 18 C.9 PERSONAL APPEARANCE AND GROOMING STANDARDS. . .. . . . . . . . 19 C.9.1 Uniforms . . . . . . . . . . , , . . . . . . . 19 C.9.2 Grooming Standards . . . . . . . . . . . . . . . . . 20 C.10 PERSONNEL SECURITY AND FACILITIES CLEARANCE REQUIREMENTS. . . . 21 C.10.1 Pre-Employment Checks. . . . . . . . . . . . . . . 21 C.10.2 Suitability Determination. . . . . . . . . . . . . . . . . 22 C.10.3 Clearance Levels for Personnel . . . . . . . . . . . . 23 C.10.4 Regulations Governing Public Buildings and Grounds . . . . . 23 C.11 TRAINING REQUIREMENTS . . . . . . . . . . . . . . . . . 23 C.11.1 Master Training Program. . . . . . . . . . . . . . . . 24 C.11.2 Minimum Training Requirements. . . . . . . . . . . . . 24 C.11.2.1 Basic Training. . . . . . . . . . . . . . . . . . . . . 24 C.11.2.2 Supervisory Training. . . . . . . . . . . . . . . . . . 25 C.11.3 Annual Decertification Training. . . . . . . . . . . . . . . 26 C.11.4 Firearms Training. . . . . . . . . . . . . . . . . . . . 26 C.11.5 Emergency Response Capability. . . . . . . . . . . . 27 C.11.6 Training Materials and Facilities. . . . . . . . . . 27 C.11.7 Licenses and Permits . . . . . . . . . . . . . . . . . . . 27 C.11.8 Certification Cards. . . . . . . . . . . . . . . . . . . 27 C.11.9 Instruction, Qualifications and Certifications of Instructio 28 C.11.10 Government-Provided Training . . . . . . . . . . . . . . . . 28 C.12 PROJECT MANAGEMENT. . . . . . . . . . . . . . . . . . . . . . . 28 C.12.1 Project Management . . . . . . . . . . . . . . , . . . 28 s

I

c* * .. TABLE OF CO"~'NTS C.12.2 Project Management Flan C.12.3 Recruitment Plans. _

C.12.4 Employee Retention Program .

C.I2.5 Quality Assurance Program. .

C.12.6 Daily Reporting and Other Required Reports C.12.7 Recording Presence . ;_

C.12.8 Breaks . . . . ~;

C.12.9 Relief and Substitute Personnel. . . . . 3^

C.12.10 Termination / Transfer of Personnel. . . 3:

C.12.11 Contractor Employee Files. . . 3C C.12.12 Staffing . . 3 C.12.13 Contractor Facilities. . . . 3:

C.12.14 Orientation and Government Facility Survey . , 3 C.12.15 Preliminary Transition Plan. . . . . . . 31 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . 33 D.1 PACKAGING AND MARKING (WMR 198 7) . . . . . . . . . . 33 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . 34 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . 34 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) . . . . . . 34 SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . 35 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE , 35 F.2 DURATION OF CONTRACT PERIOD (NUR 1987) . . . . . . . . 35 ALTERNATE 4 (JUN 1988)

SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . 36 G 1- 2052.215-73 PROJECT OFFICER AUTHORITY-ALTERNATE 2. . . 36 G.2 ORDERING PROCEDURES (MAY 1991). . . . . . . . . , . 36 G.3 ELECTRONIC PAYMENT. . . . . . . . . . . 36 G.4 ADJUSTING PAYMENTS. . . . . . . . . . . . . . . . 37 G.5 APPLICATION OF CRITERIA FOR DEDUCTIONS. . . . . 37 SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . 39 H.1 2052.204-71 SITE ACCESS BADGE REQUIREMENT. . . . . . . . . . . 39 H.2 2052.215-70 KEY PERSONNEL. . . . . . . . . . . . . . . . . . 39 H3 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS. . . . 40 (NOV 1989)

H.4 2052.235-72 SAFETY, HEALTH, AND FIRE PROTECTION. . . . . . . 40 H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY (NOV 1994) . . . . 41 H.6 SECURITY. . . . . . . . . . . . . . . . . . . . . . . 41 PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . 45

'SECTION I -

CONTRACT CLAUSES . . . . . . . . . . . . . . . 45 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERFNCE . . 45 I.2 52.216-18 ORDERING (OCT 1995) . . . . . . . . . . 46 I.3 52.216-19 ORDER LIMITATIONS (OCT 1995). . . . . . . . . . . 47 I4 52.216-22 INDEFINITE QUANTITY (OCT 1995). . . . . . . . . . 47 I.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT . . . . . 48 (MAR 1989) l- I.6 52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED . . . . . . 48 l (MAY 1989) k

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ACT - PRICE ADJUSTMENT (MULTIPLE Y AR AND OPTION CONTRAC1'S ) iMAY isa9) 1.3 52.232-25 PRCMFT PAYMENT ; JL'. 19971 di I.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . 54 I.11 FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OVER CONTRACTCR. 64 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . 66

-SECTION 1 - LIST OF ATTACHMENTS. . . . . . Ec

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! NRC-10-98-15] c= ._

,t D, EART 1 - THE SCHEDLLE i SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.1 PROJECT TITLE The title of this project is as follows:

" Security Guard Services for the NRC White Flint Complex" B.2 BRIEF D2SCRIPTION OF WORK (MAR 1987)

ALTERNATE 1 (JUN 1988)

(A) Brief description of work:

The contractor shall provide the management, supervision, manpower, equipment and supplies, except as provided by the Government (see Section H, Government Furnished Property) necessary to provide guard services, as described herein, to carry out the day-to-day duties such as access control; security /

safety of Government and contractor employees, visitors and guests, protection and control of property and classified and sensitive information, and the maintenance of law and order at special events that occur at the NRC facility which require temporary security support.

The contractor must use other resources and technology, such as alarm and fire monitoring equipment, metal detectors, safety equipment, badge / key card access systems and closed circuit televisions to accomplish this mission.

(b) Orders for temporary additional services (TAS) will be issued for work required by the NRC. Only Contracting Officers of the NRC or individuals specifically authorized under this contract may ,

authorize the initiation of work under this contract. The l provisions of this contract shall govern all orders issued hereunder.

End of Clause B.3 SCHEDULE OF ITEMS AND PRICES BASE PERIOD (8/14/98 - 1/31/99)

EST. UNIT TOTAL CTY. UNIT PRICE AMOUNT Supervisory Guards 5,888 Hours $25.27 $148,790.00 Armed Security Guards 20,991 Hours $21,75 $456,554.00 Unarmed' Security Guards 14,482 Hours $19.38 $280,661.00 TOTAL AMOUNT FOR BASE PERIOD . . . . . . . . .$886,005.00 j Page 5 of 66 L

NRC-10-98-151 decticn o e C >,

3TE Hours for Unarmem Guards incicae 2,970.5C r = fn relief guards. 30-minute lunch breaks are not ;r.clude. ir c.ours.

OPTION PERIOD ONE (2/1/99 - 1/31/00)

EST UNIT ESTIMATED QTY. UNIT PRICE AMOUNT Supervisory Guards 10,768 Hours $25.34 $272,861.00 Armed Security Guards 27,650 Hours $22.14 $612,171.00 Unarmed Security Guards 37,633 Hours $19.15 $720,672.00 '

TOTAL AMOUNT FOR OPTION PERIOD ONE , . . . $1,G05,704.00 NOTE: Hours for Unarmed Guards include 5,950.25 hours2.893519e-4 days 0.00694 hours 4.133598e-5 weeks 9.5125e-6 months for i relief guards. 30-minute lunch breaks are not included in hours.

OPTION PERIOD TWO (2/1/00 - 1/31/01) i EST. UNIT ESTIMATED j QTY. UNIT PRICE AMOUNT 4

)

Supervisory Guards 10,768 "ours $25.55 $275,122.00 )

Armed Security Guards 27,650 Hours $22.21 $614,107.00 Unarmed Security Guards 37,633 houto S19.22 $723,306.00 TOTAL AMOUNT FOR OPTION PERIOD TWO . . . . $1,612,535.00 NOTE: Hours for Unarmed Guards include 5,950.25 hours2.893519e-4 days 0.00694 hours 4.133598e-5 weeks 9.5125e-6 months for relief guards. 30-minute lunch breaks are not included in hours.

OPTION PERIOD THREE (2/1/01 - 1/31/02)

EST. UNIT ESTIMATED QTY. UNIT PRICE AMOUNT Supervisory Guards 10,768 Hours $25.76 $277,384.00 Armed Security Guards 27,650 Hours $22.26 $615,489.00 Unarmed Security Guards 37,633 Hours $19.27 $725,188.00 TOTAL. AMOUNT FOR OPTION PERIOD THREE . . . . $1,618,061.00 Note: Hours for Unarmed Guards include 5,950.25 hours2.893519e-4 days 0.00694 hours 4.133598e-5 weeks 9.5125e-6 months for relief guards. 30-minute lunch breaks are not included in hours.

OPTION PERIOD FOUR (2/1/02 - 1/31/03)

UNIT TOTAL QTY. UNIT PRICE AMOUNT Supervisory Guards 10,768 Hours $25.93 $279,214.00

-Armed Security Guards 27,650 Hours $22.28 $616,042.00 Unarmed Security Guards 37,633 Hours S19.28 $725,564.00 1

Page 6 of 66 h

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NRC-10-98-151 Section B l , O _3 ,

TOTAL AMOUNT.FOR OPTION PERIOD FOUR , . . . $1,620,820.00 GRAND TOTAL BASE PERIOD AND OPTION YEARS . . ..$7,343,125.00 TEMPORARY ADDITIONAL SERVICES (TAS)

Temporary Additional Services are &;.y additional man-hours and or services required that are temporary in nature. The contractor is

-required to provide these services, as requested by the COR, at the hourly rates established for the categories specified above during the base p3riod and option years. The order will delineate the post location, total hours, days, clearance requirements, duties, break procedures, and number of positions required. Normally 24-hour notice will be given, however, on occasions, less notice will be given.

! End of Clause B.4 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS (JUN 1988)

-(a) The total estimated amount for the temporary additional services - (TAS) ordered, delivered, and accepted under this contract is $10,000.00. The contracting Officer may unilaterally increase this amount as necessary for orders to be placed with i

the contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.

(b) .The amount presently obligated with respect to this contract for TAS is S10,000,00. The Contracting. Officer may issue orders up to the amount presently obligated. .This obligated amount may.be unilaterally increased from time to time by the- ~

Contracting Officer by written modification to this contract.

The obligated amount shall,. at no time, exceed the contract ceiling as specified in paragraph a above. When and if the amount (s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated L with respect to this contract. Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk.

B.5 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE The firm fixed price for basic guard services under this contract is

-$886,005.00. The total' amount obligated under this contract, including TAS, is.$896,005.00.

Page 7 of 66 L

NRC-10-98-151 section ;

SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK l

i C.1 INTRODUCTION One of the responsibilities of the Nuclear Regulatory Commission's l (NRC) Division of Facilities and Security (DFS) is to provide for the security / safety of personnel and protect property and information located at the White Flint North Complex, 11555 and 11545 Rockville Pike, and the warehouse located at 5000-5010 Bolling Brook Parkway. On an ad hoc basis, protective services are provided at other locations, usually to accommodate NRC hearings and meetings.. The NRC has !

contracted for a security force to directly support the Division of l Facilities and Security hereinafter referred to as DFS, in carrying out its mission.

The aut! crity to enforce appropriate regulations for providing this l

protection is delegated to the Chairman, Nuclear Regulatory Commission, by the Administrator of the General Services Administration (GSA), l l

through a Delegation of Authority (DOA). Under this authority, NRC is j authorized to contract directly for guard services and to issue codes of conduct, rules, and regulations governing guard duties and performance. This delegation exists where the Government has acquired exclusive or concurrent criminal jurisdiction.

C.2 CONTRACT OBJECTIVE ;

'The purpose of the security guard service is to provide a 24-hour deterrent against unauthorized, illegal, or potentially life 1 threatening activities directed toward the NRC'r employees, visitors,'

information, programs, and properties. These threats include, but are not limited to, terrorist attacks, thefts of government ;

property / classified materials, unlawful destruction of public properties, and violations of other Federal and State criminal statutes.

C.3 SCOPE OF WORK The contractor shall provide management, supervision, manpower, l equipment and supplies, except as provided by the Government (See Section H.5, Government Furnished Property / Equipment), necessary to provide guard services, as described herein, to carry out the day-to-day assigned responsibilities for access control; security / safety of government and contractor employees, visitors, and guests; protection and control of property and classified and sensitive

information; and the maintenance of law and order, at special events that occur at NRC locations which require temporary security support.

The' Government will provide resources and technology, such as alarm and fire monitoring equipment, metal detectors, safety equipment, badge / key card access systems, closed circuit televisions (CCTV), etc.,

which are required for the contractor to accomplish its mission. The Page 8 of 66 l

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NRC-10-98-151 se :::

o s.m ren_ will aisc

_ , #r ::: .. : 9 crm < , _ 4, 1HSue, dnd maintenance o! duty weapor.5, duty aTTunit_ : , d . _

secut_ty equipment. Weapons, ammunit:Or xd e:q c d " a 1.r ; . _ : -- .

for weapons maintenance shai_ be furnished by the contractor, wn_ Pa__

be responsible for the proper use of this equipment and these materials. (See Section J, Attachment 9, Custody and Maintenance of Government Property and Government Furnished Equipment (GFE) and Contrcctor Provided Property and Equipment which contains provisions for the accountability and responsibilities for security equipment and other items of GFE)

The contractor shall be required to recruit, train, and manage the armed and unarmed security personnel and the supervisory and managerial contract-employees assigned to work on this contract The NRC reserves the right to change the numbers and locations of security poets as necessary dependent on security requirements.

Security personnel provided by the contractor shall be assigned to designated posts and patrols as described in the " Security Officers Book," which is incorporated into the contract by referenca C.4 ORDERS The basic procedures for the operation and protection of NRC facilities and properties are contained in the General, Post, Supervisory, and Special Orders, and other memoranda provided to the contractor by the

' Contracting Officer's Representative (COR) within the scope of this contract. A brief description of these types of orders is provided below.

1) General Orders: Permanent policies and procedures that apply to all contractor employees working on the contract.

2) Post Orders: Permanent policies and procedures that apply to specific fixed posts or patrols.

3) Supervisory Orders: Permanent policies and procedures that apply to supervisors.

4) Special Orders: Temporary orders that pertain to special or unusual events.

The Contractor shall comply with all of the above orders. These orders shall be based on established policy, law, security procedures, specifications of the SOW, or as directed by the COR. The orders are subject to revision, as policies and procedures change and shall be l

kept current to reflect changes in procedures, law, and NRC policy.

All such changes shall be prepared and issued by the Contractor and shall require COR approval prior to distribution and implementation.

The Contractor may recommend changes to the COR.

, The Contractor shall write, distribute, and maintain all written l

orders, bound and in good condition, on all operational and procedural instructions to guide protective security personnel. All crders shall Page 9 of 66 l

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"RC-10-98-15' C --

t* prepared :n accordance tc n m_ ni a li: - : _m es approved by the CCR) ana uhalt be formattea using <ln u n _ 2 _ .. ..

61 (initial formatting will Le plu/4ded "y the ccm - : m order has been approved, a diskette of the tin sned produ^t sha._ ce provided to the COR. All orders .all require CCR appr: val priz ::

distribution and implementation The COR will provide the contract or with a written request on all new orders required. The contractor shall complete the orders cilizing the following timetable: 1) original (new) General, Post and Supervisory orders shall be completed within ten (10) days of i notification of the request; 2) revisions to an existing order shall be completed within three (3) days of notification of the request; and 31 special orders shall be completed within twenty-four (24) hours of notification of the request. Minor changes / revisions may be made via

" pen and ink," subject to COR approval. All orders, regardless of their stage of development, shall be property of the NRC.

The contractor shall ensure the accuracy of orders requiring operational instruction on technical information. Should an operational or procedural deficiency be discovered after COR approval, it shall be brought to the immediate attention of the COR and shall be corrected. The Government will print all orders and attachments developed by the contractor and shall furnish binders for maintaining the orders to the contractor.

C.5 CONTRACTOR RESPONSIBILITIES Except as provided by the Government, the Contractor shall provide all the necessary supplies and services needed to perform the following

. protective security services required in this contract. The Contractor shall comply with and enforce all regulations, orders, policies, and/or procedures issued as directives or memoranda by the COR.

Except where precluded by local law or ordinance, the contractor shall make and complete all arrangements, with the appropriate officials in the state of Maryland and Montgomery County to:

a) Obtain a permit for each employee, as appropriate, to carry a firearm.

b) Firearm permits shall be carried by each employee on their person while on duty unless local or state law requires the contractor to maintain the record.

c) Provide any official bond required, pay any fees or costs involved or related to the appointment of employees as Special Police and/or authorization for the arming or any employees engaged in providing services specified under this contract.

d) Where applicable, maintain a valid drivers license.

1 Copies of the licenses and permits described herein shall be furnished

! to the Contracting Officer's Representative, herein referred to as the COR, upon request.

Page 10 of 66 I

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NR:-10-98-151 :____

4 C.S.1' Protective Security Services l

l The following protective security welvices sha;_ c -: pr:y/;ded ny ; ,

Contractor i

a. Cont rol access to all NRC- controlled f acil t tes by visually inspecting NRC-approved photo identification badges or other approved building passes.

l b. Respond to occurrences such as security alerts, civil disturbances, and demonstration; life-threatening situations such as work place violence, medical alerts and fire alarms; and suspected or actual criminal violations or other related situacions, as directed by the COR.

l L c. Perform package and vehicle inspections and limited searches

! of individuals, as described in General Orders. Metal detection equipment (both stand-alone walk through and hand-held units) shall be utilized by trained qualified operators for these inspections.

i d. Detect, prevent, and detain when authorized by law, persons attempting to gain, or having already gained, unauthorized access to NRC-controlled property

e. Summon fire and medical assistance and provide Red Cross certified first aid and CPR, as appropriate, for individuals who are injured or become ill while on NRC property.

Prepare Security Incident Reports outlining the facts and circumstances surrounding such events.

f. Receive, issue, and/or account for all security keys and I locks for NRC buildings, offices, gates, and other secure or restricted areas requiring key access. Keys shall not be duplicated. No locks or keys shall be removed from a post or facility without written authorization from the COR. A lost key or unauthorized duplicate key shall be considered a compromised key. In those instances where a contractor employee loses or duplicates a key without COR authority, the Government may require the contractor to suspend or remove the individual from NRC duty. When the security of keys or a lock system has been compromised by the actions of the contractor and/or his employees, the lock or system may be replaced in total or in part by the Government and all costs for such replacements shall be borne by the contractor. Payment by the contractor for such replacement shall be effected as a credit on the contractor's invoice, as directed by the Contracting Officer Representative.

g. Monitor and operate alarm systems, and CCTV systems for buildings and properties, and fire and safety detection systems. Maintain, change, and record security container combinations, security container locations, and check containers as directed to ensure that they are appropriately secured at all times. Empty and dispose of classified waste f Page 11 of 66

URC-10-98-151 r a ;;_

atter ae 1 recteu.

n. 3r; vide suppart to the NR:: raaging program .. ...;_ua=: 9.c manufacture / issuance of ph to-identification badges; the maintenance of the associated automated and manual records systems, and ansure accuracy of badge issuance. Mcnitar building occupants and visitors to ensure that employees, contractors and visitors wear their badges at all time and in additi^n report any other non-compliance with NR

security rules and regulations.

i. Conduct preliminary and followup investigations en incidents and complaints as specified and directed by the COR.

j. Report potentially hazardous, unsafe, or destructive conditions in buildings and areas and items in need of repair (e.g., inoperative lights, leaking faucets, plumbing stoppages, broken or slippery floor surfaces, or any other potentially dangerous situations). These matters shall immediately be reported to the proper building management !

and then entered in the log and reported in writing. In addition, the contractor may be required to conduct building quality assurance inspections during normal duty rounds. l

k. Provide security during special events and emergency situations to protect NRC facilities, employees, properties, and visitors. Security support shall also be provided during investigations of violations of Federal, State, and local laws when the violations appear to threaten the i security and safety of any NRC facility. I t-i 1. Provide patrols for monitoring security, safety, and i building maintenance l

m. Conduct after-hours security inspections to ensure building security and detect fire and safety hazards.

!~

n. Provide the security personnel at fixed posts with fully trained and qualified replacement personnel (relief) to allow for comfort, personal needs, stress, meals, and other l required or requested absences from post. Replacement personnel are not required for non fixed posts.

o. As part of daily post functions, conduct security inspections of NRC offices and facilities for the protection and storage of classified materials. All lock type repositories and cabinets will be signed off as having beea checked. Classified materials stored in violation of NRC Management Directives shall be seized and reported in accordance with written procedures contained in General Orders.

p. Maintain a 24-hour duty log of activities or incidents that require action at a station or post. Separate reports shall be prepared on accidents, injuries, fires, bomb threats, Page 12 of 66

NRC-10-96-151 Sect: -

l and all otne: ' tw f . . acte, .:y ._;1at , .;, 3 :-

other unusual incidents or events using t'.u r p:__ .o a i forms and formats.

q. Ensure all reports and other documents, e.g. Security Incident Reports, are written clearly, legibly, and accurately. All reports and documents shall be collected, l distributed, filed, and stored in accordance with the Records R.etention Schedule and other NRC regulations and requirements and in the manner prescribed by the COR. .

r. Provide information and assistance to visitors, guests and NRC employees.

s. Provide security officers as e.scorts when directed by the COR, for individuals in possession of items that require i protection when the safety of the individual and property is l of concern. ,

i !

l i

t. Direct vehicular and pedestrian traffic and control the parking entrances and exits, as specified in the General and Post Orders.

u. Ensure that the United States and NRC flags are flown in accordance with PBSP 5930.17A, Chapter 22.

l

v. Receives, writes receipts for, and stores found articles pending disposition.

l l w. Conduct quality assurance inspections to improve building l operations and energy conservation.

1 i

The aforementioned listed duties will be described in full detail in l General, Post, Supervisory, and Special Orders, to be issued to the contractor during the performance of the contract.

C.6 PERSONNEL REQUIREMENTS The Contractor shall provide personnel which meet the age, education, character, and other qualifications listed below, as well as meeting the position classifications and job descriptions outlined in Section l J, Attachment 6, Position Description and Classifications for Uniformed Armed and Unarmed Guards. No less than 80 percent of the personnel working on this contract shall be full-time contractor employees.

The contractor shall provide personnel meeting the following general

qualifications. The security guards shall

a. Be at least 21 years of age,

b. Be a citizen of the United States, who has resided in the U.S. for at least the last 10 years;

c. Possess at least a high school education or GED equivalent, Page 13 of 66 L--_--------_------------------_--_-- - _ - - - - - - - - - - - - - _ - - - - - -__ _

!!RC- 10 9 8 - 151 ce n_cn e

d. Be able to rea; and u.na ..a r.3 the Er.g. sb _ n. p g= .

affectively carry au orn.1"d rules, detailed orders, instructions, and training n.aterialn,

e. Be able to compose in the Englisb language precise, short paragraphs, written reports, and other such reports required under this contract,

f. Be able to write and speak English well enough to properly communicate with NRC personnel / contractors, co-workers and the general public, and

g. Possess valid driver licenses for operating motor vehicles required in performance of this contract. Contractor employees shall possess an automobile license if required for their duties.

C.7 PROFESSIONAL CONDUCT, HEALTH, AND APPEARANCE The standards for professional condcct, health and physical fitness, and personal appearance and grooming for contract personnel are listed below. The contractor shall provide personnel wb> meet these standards.

C.7.1 Professional Standards The Contractor shall maintain the highest standards of employee competency, conduct, cleanliness, appearance, and integrity.

Assignments shall be performed in accordance with prescribed regulations and in accordance with safe and secure working procedures and practices. Violations may result in suspension, or removal of the contract employee from the contract or termination of the contract for the convenience of the Government.

C.7.2 Removal / Replacement of Security Officers The Contractor shall remove any employee from the work site upon NRC determination that the individual is assigned to duty for which he or she is not qualified, or for which he or she has been disqualified for either suitability or security reasons, or for which he or she is found to be unfit during his or her tour of duty. The COR reserves the right to direct the removal of any employee determined to be in noncompliance with the qualifications. A determination of unfitness may be made from incidents involving violations of General, Post, Supervisory and Special Orders, or immediately identifiable types of misconduct or falsification of records or delinquency.

The contractor shall administer disciplinary action to employees for l committing the following offenses, or found responsible for the l following omissions and derelictions while on duty:

l a. Violating Rules and Regulations Governing Public Buildings i and Grounds, 41 CFR 101.20 (See Section J, Attachment 10).

I Failure to abide by the State of Maryland regulations for contract security forces.

Page 14 of 66 l

I E______________.__. _ _ _ _

NRC-10-98-151 Se: tor ~

l r. Failir.g to demonstra:= 2 Curtesy : wara ':RL +9..:

(governma n and continctors' Feaerai ;fficia: >, and -

general public. Not displaying a respectf _ anu w eipfu.

attitude in all endeavors can ce cause,for removal tro:

post. Continued complaints shal2 be cause fo: :=.cva; f t ;~

l _the contract.

c. Unauthorized use of Joverm.ent property inclutng communication equipment, such as phones, radios, reproduction, ADP, automobiles, and etc. The Contractor shall pav'for any unauthorized telephone calls. Violators may be subject to disciplinary action.

d. Disturbing papers on desks or opening desk drawers or cabinets for other than a bona fide security inspection

! shall be cause for disciplinary action.

e. Falsifying or unlawfully concealing, removing, mutilating, or destroying any official documents or records or concealing material facts by willful omission from official documents or records. Violations may be subject to criminal l

prosecution,

f. Entertaining, socializing, or entering into private business arrangements while on Government property.

g. Granting special favors to NRC employees, family members, l

contractors, and their friends.

i l h. Disclosing any official information or making any news or j press releases. Violations may be subject to criminal prosecution and/or other displinary actions. )

i. Engaging in audacious or demeaning discussions concerning NRC internal matters, policies, grievances, legal issues with the public, or any known associate of the above.

I j. Disclosing of any duty assignment (s) or security-related matter without the express approval of the COR.

k. Sleeping while on duty, failing to devote full time

attention to assigned duties, unreasonably delaying or

! failing to carry out assigned tasks, refusing to render assistance or cooperate in upholding the integrity of the L work site security, or any other act that constitutes l

! neglect of duties.

l l 1. Not remaining on duty until properly relieved or deserting a duty' post. l

m. Violating or permitting others to violate NRC security or 4 parking procedures or regulations.

n. Displaying disorderly or immoral conduct (e.g., using abusive or offensive languane, quarreling, intimidating by Page 15 of 66

'EC 9 8 - 151 :. .

words 1. actic 3, : f igb r ir er r a r- - ^ 1 r r . '

'1131 U p t i V e 3Ct1Vl'. um Gambling or unlawful , wageling ;r trent im ri.ng ir r NRC facility.

p. Accepting or soliciting gifts, favors, si anything of value in connection wirb official d; ties.

q. Using the pnoto-identification key card and/cr other NRC identification for other than official business while on or off duty.

r. Knowingly giving false at misleading statements or concealing material facts in connection with official reports, any records, investigations, or other proceedings.

s. Participating in any form of discrimination against or harassment of other contract employees, NRC employees, or members of the general public.

t. Eating, smoking, drinking at the duty station, or taking breaks in any location except those designated ss authorized break areas.

u. Employment with any other firm or with the Government, that requires work for more than 12 hours1.388889e-4 days 0.00333 hours 1.984127e-5 weeks 4.566e-6 months without an 8-hour break Employment which would constitute a real or apparent conflict of interest with the mission of the NRC.

All persons employed under this contract shall submit a written report to the Contractor listing all sources of "outside employment." Employees shall not be permitted to work more than 12 hours1.388889e-4 days 0.00333 hours 1.984127e-5 weeks 4.566e-6 months in any one day and must have at least 8 hours9.259259e-5 days 0.00222 hours 1.322751e-5 weeks 3.044e-6 months of rest between each 12 hours1.388889e-4 days 0.00333 hours 1.984127e-5 weeks 4.566e-6 months of work for any company, firm, corporation, or person, including self-employment. Written reports shall be provided to the COR.

v. Criminal misuse or misuse of issued weapons or the carrying of any nonissued weapons, as defined by Federal, State, or local law.

C 7.3 Intoxicants and Narcotics Contractor employees shall not possess, sell, consume, or be under the influence of intoxicants, drugs or controlled substances which produce similar effects. Except in an official capacity, the contractor's employees shall not possess narcotics, dangerous drugs, controlled substances, or marijuana either on or off duty. Security personnel shall not consume alcoholic beverages 8 hours9.259259e-5 days 0.00222 hours 1.322751e-5 weeks 3.044e-6 months prior to entering on duty. All security officers and supervisors shall undergo a pre-employment and randon periodic drug screening examination by a Board-certified laboratory that is Department of Health and Human Services apprcved at the contractor's expense. The contractor shall provide a drug screen plan that complies with the Department Health and Human Services (HHS) specifications to the COR for approval within 30 days of the contract. In accordance with the HHS specifications, all Page 16 of 66 f ..

I

(

l

i NRC-1;-36-iEl 9-: 1_ c :

I gdoratory test ry_a sball he ep; 7 by a pC_:_.

.ne _ .; R reser es a; n .u .;_-

l or:1cer pr:or to - s .1 .ct . : cr ur ..; __. _ ., ..,r_

t a blood or urine 3xamination wb- ~ % r= 1, reascrXc'm ausc_:_ -;

believe an employee has used or ir under the influence af any intoxicants, drugs, or controlled substances. The Gover: ment wi.1 reimburse the contractor when the COR requires an examination and l provide the proper hourly compensation for the emplcyee at the rate

established under the contract for the number of hours involved in obtaining the examination only if the test results are negative. 2he l failure of any employee to submit to an examination shall be sufficient grounds for removal of that employee from the contract (See Attachment

! J, Attachment 10, for Alcoholic Beverages and Narcotics at Public Buildings and Grounds).

C.7.4 Relief by an Intoxicated Person An employee who has reason to believe that the person reporting as relief is intoxicated or under the influence of intoxicating drugs, or shows evidence of impaired effectiveness from having used intoxicating drugs, shall decline to be relieved, and shall immediately --ify the COR and the Project Manager, Assistant Project Manager or Shirt Supervisor. Accepting relief by an individual known or suspected to be under the influence of alcohol or drugs shall require the contractor to suspend'and/or remove both employees from the contract.

C.7.5 Prescribed Narcotics Contractor employees shall not be assigned to security posts under this contract if using narcotics or other controlled substances prescribed by a licensed physician that would impair their ability to perform under this contract.

C.7.6 Prescription Drugs The use of non-narcotic prescription drugs by a contractor employee shall be monitored by the Project Manager. The physician must certify that any medications being taken by the individual will not impair job performance.

C.8 HEALTH AND PHYSICAL FITNESS Duties under this contract require frequent and prolonged walking, i standing, running, sitting, and ctooping. Occasionally, the contractor employee may have to subdue violent or potentially violent persons.

Physical, mental and physiological stamina is a basic requirement under this contract. All prospective security officers shall undergo a pre-employment medical examination by a licensed, Board-certified ;

medical doctor at the Contractor's expense. All security officers must be capable of climbing up and down a 19 story building in 15 minutes.

The contractor shall test all personnel to ensure that they have the ability to climb the steps on a quarterly basis. Any disease or illness which could impair the individual's ability to carry out full performance is unacceptable. The contractor shall not submit any prospective employee's prequalification information to the COR for suitability determination unless they are in compliance with the Page 17 of 66

NRC-10-99-151 _2:1_ _ :

following health and physical condt. Ons-C.B.1 General Qualifications Contractor personnel must not have any medical condi:icn(s) or restriction (s) which would impair tneir full performance of duties as a security officer. They must possess normal power, range of motion, and dexerity. The following describes acceptable medical qualifications:

a.. Sense of Smell Permanent loss of. sense of smell is not acceptable.

Sense of smell is essential for the position.

Abnormalities of nose, throat or mouth that interfere with breathing are not acceptable.

b. Speech The capacity for clear and audible speech as required for effective communication on the job. If communication is seriously hampered, the speech condition is not acceptable.

c. Hearing The. Contractor personnel should be able to hear at the following levels using an audiometer. There should be no 4 loss of 25 or more decibels at the 500, 1000, and 2000 Hz level in both ears. This represents the hearing required to perform public safety functions.

If there is permanent loss in either ear beyond 25 decibels j at 500, 1000, or 2000, Hz level, this is unacceptable. This amount of hearing loss would affect critical job performance capabilities.

~If a hearing aid is necessary, suitable testing procedures shall be used to assure auditory acuity equivalent to the above requirement,

d. Visual Distant ~ visual acuity: Uncorrected acuity of at least 20/200 in the better eye.

Corrected acuity of at least 20/30 in the better eye and 20/40 in the other eye.

If uncorrected distant vision in the better eye is not at least 20/40, security police officers shall carry an extra pair of corrective lenses.

Corrected or uncorrected vision of Near visual at least 20/40acuity (14 /28 Snellen) in the better eye.

NOTE: Color blindness is unacceptable. ,

Page 18 of 66 i

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l NRC-10-96-151 cc _

l .

. . /.uscula-Esule a_

1 Unimpaired use of hands, arms, u;___. I 2 gs, ana :=1 sna ,

to run quickly and climb s.a:.rs; an._jty to -v.31r n r : ac ;-:

, fire exti.nguishers, buildina fire heens, and cine: equ_p ant j outlined herein as well as any other equipment not specifically, l

l stated but required by :ormal security duties.

1

f. Overall Body Weight / Height Overall body weight must be in proportion to height in accordance with the acceptaole height / weight ratio and maximum level of body fat ^ontent as stipulated in NRC's l

Weight / Height Chart (See Section J, Attachment No. 11) 9 Neurological Contractor personnel must not have any neurological disease that will cause seizures that may affect job performance. An individual on medication that controls any neurological disease must provide a physician's statement to the Project Manager.

h. Mental and Emotional contractor personnel must have normal mental status and an absence of neurotic or psychotic conditions which would adversely affect the ability to handle firearms safely or to act safely and effectively under normal and emergency conditions An individual on medication that controls any any mental and emotional disorder must provide a physicians statement to the Project Manager.

Failure to meet any of the foregoing medical qualifications will disqualify an applicant or contractor employee from performance under this contract. These are minimum standards and shall not be waived.

Contractor must ensure that employees are obligated to inform the Project Manager within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months of knowledge of any disqualifying condition. Applicants or contractor employees found to have a disqualifying condition that is correctable may be restored to eligibility upon medically certified correction of the disqualifying condition, C.9 PERSONAL APPEARANCE AND GROOMING STANDARDS The personal appearance and grooming standards required by this contract are listed bele,w:

C.9.1 Uniforms I

All Security Officers and Supervisors shall wear properly fitted j uniforms when on duty. Any individuality shall not interfere with or detract from the proper wearing of the uniform. While on duty under this contract, the contractor personnel are required to wear the l security officer uniform designated by the NRC. The contractor shall ensure security officers possess the required number of uniforms that Page 19 of 66

NRC-13-98-151 ser __

wiL result in a arcfessional 4peara: . (Sper'#i: a_:- f:_ .;

un:for are in sect on J, i Attacbwn- 5 Security' Officers snau ce r = farm and maintain a . eat, clean, ana business-like appearance and :cply with dress standards while cr a u n.

Violations of grooming standards and personal appearance requirements shall be. reported to the COR. Alleged violations shall be fully investigated by ihe Contractor and corrective actior taken to prevent

. recurrence. Failure to meet the uniform and appearance requirement noted herein is considered being "out of uniform." Security Officers who are out of uniform will not be assigned to a post.

C.9.2 Grooming Standards

a. Eye wear: Only conservative prescription eyeglasses may be worn with the uniform. Sunglasses or eyeglasses that are faddish in style or color (e g., bright, iridescent or fluorescent orange, yellow, red, etc.) or have lenses or frames with initials or other adornments shall not'be worn. Mirrored or opaque sunglasses may not be worn.

Frame holders which are conservative in color and otherwise unadorned may be worn. Sunglasses or darkly-tinted glasses shall not be worn inside the building unless as medically necessary and prescribed by a licensed physician.

b. Jewelry: Security Officers shall not wear jewelry in their noses. Females may wear small plain gold tone, silver tone, or pearl button earrings not to exceed 1/4" in diameter. Rings on fingers shall be limited to not more than two rings per finger or two rings per hand.

The wearing of beads, necklaces, chains, bracelets, and similar jewelry while on duty is prohibited unless same is covered by the uniform shirt.

c. Accessories: Only authorized logos and accessories shall be worn on or with the Security Officers uniform. At no time, shall a contract employee display, or cause to be displayed, any unauthorized contractor insignia or logo while on duty without written approval of the COR.

d. Shirts: Shirts shall be worn with the cuffs fully extended and i buttoned. Short sleeve shirts shall be worn with one button open at the collar and sleeves fully extended.

e. Hosiery: Hosiery shall be navy blue or black. Bare legs and patterned stockings or socks shall not be worn.

I

f. Undergarments: Shall be worn in such a manner se as to be concealed from view. No lettering or design shall be visible through the uniform shirt.

g. Mustaches: If a mustache is worn, it shall be kept neatly and trimmed evenly so that no portion extends more than 1/2 inch below or beyond the line of the individual's upper lip.

h. Beards: The face shall be kept clean shaven. The temporary I wearing of beards may be authorized by the COR, if prescribed by a Board-certified medical doctor for pseudo folliculitis barbae. In such Page 20 of 66 i

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NRC-10 98-151 5+ct:ar Cases, 93: 1 beat sha;_ be -itly . ~0 5 t ,

n. _.

1/4 :ncb

1. Hair (Females) Hair and/or wigs must ce a .atura_ aalr c a .m :

and kept clean, neat, ann styled to present a managed appearance. Ha;;

shall be arranged so that it does not extend nore * "e 2 1/2 inches below the bott;" of the collar. c Bouffant and modified 'ush styles are acceptable if ti ey allow for proper wearing of headgear. No decorations shall be worn in the nair and items used tc hold the hair in place shall be concealed as much as possible and shall be of a color and style that blend with the hair.

j. Hair-Hairpieces (Males) Hair must be a natural hair color, neatly groomed, and shall not fall over the eyes or below the top of the collar. It.shall be kept clean and the length and/or bulk of tne hair shall not be excessive or present a ragged, unkempt, or extreme )

appearance. Also, the bulk or length of the hair shall not interfere l with the wearing of headgear and no decorations shall be worn in the hair.

k. Sideburns: Sideburns shall not be conspicuous nnd snail be neatly trimmed at all times. Sideburns shall not extend below the top of the ear canal nor forward past a vertical line extending 1/2 inch backward from the outer corner of the eye.

1. Fingernails: Fingernails shall not extend further than 1/2 inch beyond the tip of the finger. Fingernail polish may be used if the color is neutral.

C.10 PERSONNEL SECURITY AND FACILITIES CLEARANCE REQUIREMENTS Contractor personnel shall have clearances commensurate with the

. level of access required for performance under this contract.

C.10.1 Pre-Employment Checks The contractor shall conduct a pre-employment background investigation on each employee applying to work under this contract.

The investigation shall include, but not be limited to:

a. A criminal record check as authorized by local laws, at i locations where the employee has lived the last 5 years !

and at all locations where the employee.will perform contract services; b-. A check to ensure the the individual is in compliance !

with the Lautenberg Amendment (Section 921 (a) , Title 18, U.S.C., Paragraph (33) ( A) ) .

c. A past employment check going back for the past 5 years, or to the employee's 18th birthday;

d. A check of a minimum of three personal reference checks (one of which shall be a developed source;

e. A commercial credit investigation.

Page 21 of 66 i

NRC-10 98-151 Secticn _

Th= zntractcr s..a 2 p avido wr i t ter. ; e l .. _ _ n . - -

_- . c.

pre-employment

Rs have ber _=aucted ar. u- m :--- --- : u_

-in process for employees nominated by tne contractor for placement c.

positions under this contract, including enrollment in a casic training course. The prospect;ve employees shall meet the established standards and1 criteria.

C.10,2 Suitability Determination The contractor shall furnish the COR with information for a suitability determination by the COR at least 3 workdays before the employee begins basic training. The contractor will be notified by the COR if'an employee fails to meet the-requirements of the suitability determination. Contractor employees rejected by the COR shall not be assigned to this contract. The. fact that the Government performs suitability determinate.ons shall not in any manner relieve the Contractor of his responsibility to assure all security officers furnished meet contract specifications. The following information/ items are requiredi

a. A medical certificate issued in accordance with requirements which states that the employee has not tested positive for the use of any illegal drug. (Prescription drugs, issued by a licensed medical doctor, which cause a positive drug reading must be stated in detail by the certifying institute or agency on the medical certificate.)

b. The contractor shall be responsible for assuring that each security officer and supervisor utilized under this contract shall successfully pass the health certification requirements outlined in.this section and submit a copy of a health certificate. Each certificate shall be signed by a licensed Board-certified medical doctor who will certify that the individual meets the criteria of this section of the contract. No security officer or supervisor.shall be assigned to a position under this contract until this certificate has been submitted and approved by the COR.

c. SF 86, " Questionnaire for Naticaal Security Positions"-and required attachments.

d. ~FD-258 Fingerprint Card (2).

e. NRC Form 176, " Security Acknowledgment".

Any request for waiver of contract requirements. (Requests for waiver must reflect the circumstances that justify the waiver request. A denial of waiver by the COR will eliminate the employee from assignment to this contract.)

NOTE: If the employee indicates military service on either the company application or the SF Form 86, one copy of the DD-214 (Record of Discharge) showing the type of discharge must be included in the packet.

Page 22 of 66 w-_-__- ____ . _ - _ -_ ._- _ ___ - _ . _ - . -.

NRC-10 98-151 act - _

C.1'O.3 Clearance Levels for Personnel Contractor personnel assignd ic a 5: 52 : undu ~i ._

a:a act ~' -

be reauired to possess "Q" or "L" personnel securny cwarances in accordance with the Statement of Work Security clearances will re issued by the NRC. This requirement also pertains to officers of tne firm and other employees not assigned to the contract who for any reason may visit work site (s) frequently enough dur ng the tern of the contract to require an URC security identification badge.

C.10.4 Regulations Governing Public Buildings and Grounds The rules and regulations contained in Federal Property Management Regulation 41 C.F.R. 101-20.3, as amended by NRC, are applicable to all buildings under control of the Commission, and to all persons entering into or on such properties. Additional regulations specifically applicable to NRC facilities are contained in 36 C.F.R. 1200. (See Section J, Attachment 10, Rules and Regulations Governing Public Buildings and Grounds, for applicable sections of 41 C.F.R. 101-20.3.)

C.11 TRAINING REQUIREMENTS Types of training required for this contract are defined below:

a. Basic Training: Initial basic training for contract employees is determined by the location of the required performance and completed by the contract employee prior to assignment at the NRC facility. In general, the course shall include classroom instructions on General, Post, and Special Orders; operational and emergency procedures; proper use of security equipment; first aid and CPR; defensive tactics; and service weapon qualifications at a COR-approved range. Contract employees assigned to the Central Alarm Station will receive advanced training on the access control and badging program and shall be certified by the Project Manager and approved by the COR before they are assigned to a post.

b. In-Service' Training: In-service training is a specific term used for training contract personnel to enhance their skills and knowledge of security issues and operational procedural changes. The training is usually held for short periods (10 to 15 minutes) during the day or at special COR-approved training sessions.

c. ' Annual Decertification Training: Decertification Training is required annual training for weapons qualifications, first aid and CPR, and other operational training. Each contract employee must successfully complete at least 16 hours1.851852e-4 days 0.00444 hours 2.645503e-5 weeks 6.088e-6 months of Decertification Training within each succeeding 12 month period. Decertification Training shall consist of reviews and updating of Basic Training and include additional current material bearing on law enforcement and protective services (e . g . , significant court rulings; changes in security threats; new weaponry and protective techniques; and professional findings and views on drug control and Page 23 of 66 l

NRC-10-95-151 se r ;

a nurar c e . . re _ n

5. Chances _. ": n :. . S a 'f :: m :;. .:- .._ran. -

chances to the :cntent of .= _.a :. ng c;ursen, u by the C;R, and requested ry the contracting Off.: : _r C.11.1 Master Training Program Within 30 days atter receipt ;f ;c urse ~.:t lines from the Gc'/ernmert, the contractor shall submit to the COR a Master Training Program that shall include training cbjectives, subjects to be taught, proposed .

curricula, a training outline, and schedules and flow charts for the !

. anticipated student load. This training curriculum shall be consistent throughout the period of performance of the contract, notwithstanding any differences in the application and/or adjudication of state regulations or laws. The curriculum shall meet the requirements of this contract and the most stringent standards of the jurisdiction wherein protective services are provided. The curriculum shall be approved by the COR.

C.11.2 Minimum Training Requirements C.11.2.1 Basic Training In order to be eligible to perform under this contract, armed security personnel shall successfully complete 68 hours7.87037e-4 days 0.0189 hours 1.124339e-4 weeks 2.5874e-5 months of Basic Training.

Unarmed personnel shall successfully complete 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months of Basic ;

Training.

Basic Training for armed and unarmed security personnel shall comprise 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months of training on the following subjects:

1

- Handling of Bomb Threats l

- Handling of Classified Material

- Observation Techniques

- Emergency Plans and Alarm Systems

- Access Control Procedures and Equipment

- Legal Authority and Local Laws of Arrest

- Civil and Criminal Liability

- CPR

- Drug Free Workplace Act of Oct 1988 Professional Behavior and Public Relations

- Unarmed Self Defense

- Evidence and Found Property

- Fire Prevention and Emergency Evacuation Orders and Directives

- Communication Procedures

- Counterintelligence Briefing l

- Report Writing )

- Workplace violence 1 l

- Metal detectors

- Basic Computer Functions (guard assigned to the Central Alarm Station will be provided more advanced j l

training). J

- Legal Use of Force (

- Blood-borne Pathogens i Page 24 of 66 l

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NRC-10-98-151 Sec vc _

- PR 22 (batan)

Olearesin Caosicum Soray

- Tacility orientation, Duties and Resp;nsib;.; ;ec :-

,st

- Final Examination and Critique Additionally, Basic Training for ARMED security personnel shall be comprised of 28 hours3.240741e-4 days 0.00778 hours 4.62963e-5 weeks 1.0654e-5 months of training on the following subjects:

- Weapons Orientation and Deadly Force Policy

- Weapons Safety and Maintenance

- Weapons Handling

- Written Examination

- Weapona Handling / Range (Dry Fire)

- Weapons Handling / Range (Live Fire)

- Stress Management

- Hostage Training

- Personnel Protection and Crowd Control

- Facilities Familiarization

- Handcuffing

- OSHA Regulations (Lead-borne Particles)

C.11.2.2- Supervisory Training All Supervisors shall successfully complete a 16-hour Supervisory Training Course prior to becoming a supervisor. The following training '

is required:

- Introduction to First Line Supervision

- Leadership Principles 1'

- Dynamics of Leadership

- Process of Management

- Situational Leadership

- Employee Motivation

- Effective Communications

- Decision Making

- Planning and Time Manag= ment

- Effective Counseling

- Key Control

- Vehicle Inspection

- Conducting Roll Calls

- Accident Investigation and Reports

- ' Uniform Clothing and Grooming Standards

- Post-Inspection Procedures

- Supervisory Orders and Contract Requirements

- Indications of Substance Abuse

- Final Examination and Course Critique At the discretion of the COR, previously approved and certified training.may be accepted in whole, or in part, in lieu of the training requirements of this contract,

Page 25 of 66 L. _ . . _ . _ _ _ _ _ _ _ . _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

NRC-10-98-151 :e___,,

j s

(C.11.3 Annual Decertification Training l Each employ % shal_ i;:c:e mi.l_y _ cle_ q ;-_ _f _ _

nt c decertification training. Annual retraining time of ic er:p;syee ;s computed from the particular employee.

completion date of the previous train _:.e fn 9.a t Centract empicyees are pr: 1.bited from crovidina contractual training.

services if they are not certified on all reauired annual ~

Retraining shall include: '

~

a.

Retraining and certification with the type of service weapon used during normal assignment.

b.

Retraining and certification in First Aid, CPR, and x-ray equipment.

i

c. Retraining and certification with the night stick.

-d. Retraining and review of all General, Post, and Special Orders, access control procedures, emergency procedures, handling of classified materials to include counter-intelligence briefing,-key control, vehicle procedures, l report writing, magnetometers, both hand-held and !

walkthrough, and any other areas that require additicnal retraining or certification. {

C.11.4 Firearms Training j

i Armed Security personnel assigned under the contract shall be qualified and certified in firearms proficiency. Each employee shall demonstrate !

required knowledge in safety precautions through written tests and proficiency on the firing range prior to being assigned to the !

2 contract. Firearms qualifications under this contract shall be valid foi one (1) year from the date of qualification and certification.

The contractor shall certify in writing to the COR that each employee has successfully completed the firearms training specified for the weapon to be carried and before assignmnet to the post. For all personnel who successfully complete filcarms training, the contractor ;

i shall provide to the Government signed statements to acknowledge this training and that the contractor employee understands all orders, directives, and regulations pertaining to the use of firearms.

Qualifications on firing rangee shall be with the types of weapons and ammunition that will be required for the post to which the employee l could be assigned. 'These same procedures shall apply to the annual decertification as discussed above. i Firearms qualifications shall be with weapons and ammunition as specified in Section J, Attachment 6. Standards for testing and qualifications as well as the qualifications of the firearms instructors are subject to review and approval by the COR. All armed security of ficers shall meet or exceed the 'rc andards of proficiency required by the State of Maryland. l The contractor shall test the employee's knowledge of firearms safety i as part of Basic Initial training. Each security officer and ;

i Page 26 of 66 l

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( __ _ __ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ - - - - - _ - _ - - - - - - - -

l NRC-10-98-151 se :icr l superv;sor must demonstrate knowledge __ f;rearr2 'n:et. .z. .

! properly loading a weapon, ;;wering the hammer on a ..ve : _m n ; ;_ :) ._

discharge, and double act = '. iring; and '2: 'r safe _. . .1 sainu .

loaded weapon.

C.11.5 Emergency Response Capability Periodic testing will be conducted by the COR to assure an acceptable level of training by security personnel for responses to emergencies.

These drills shall be conducted at no additional expense to the Government. The contractor shall ensure employees maintain tne required state of readiness to respond to these drills and to actual emergencies.

C.11.6 Training Materials and Facilities The contractor shall provide all COR-approved course materials, classrooms, certified instructors, training aids, training ammunition, and a small-arms firing range to accommodate training classes. The weapons range snall meet all State and local licensing requirements.

NOTE: The cost for training for any post or position shall be borne by {

the Contractor. i l

1 C.11.7 Licenses and Permits j J

The contractor, in coordination with the CCR, shall obtain and maintain on site all licenses and permits required by the State of Maryland to enable its personnel assigned to this contract to travel to and perform in that jurisdiction. The contractor shall meet all applicable laws, rules, and regulations of the State of Maryland. This includes all orders issued and all training provided to their personnel. Licenses l shall be obtained in the State of Maryland for the authority to possess !

a firearm. The State of Maryland firearm permits shall be obtained by 4 all armed guards within 120 days of the effective date of the contract. !

All armed guards shall be required to provide a copy of the permit to the NRC COR.

C.11.8 Certification Cards The contractor shall issue to each employee a " Certification Card" (supplied by NRC) which shall be carried by employees while on duty to validate the completion of all certified training requirements for a 12-month period. The card will have a punched hole that aligns with the hole of the NRC issue building passes. The certification card shall be laminated and shall contain a color photograph and contain the signature of an officer of the company. This signature on the certification card shall be considered by the Government as certification that the said employee has received all the required training for the training year. Certified training requirements include firearms, CPR, and licensing, and classroom training following COR approved curricula. In addition, the contractor shall provide a written record to the COR certifying that each contract employee has received the required training.

Page 27 of 66

_ _ _ _ _ _ - _ _ _ - _ _ - _ _ _ _ _ _ _ - _ - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . . _ _ _ _ _ _ . _ _ - -_ ____ _ _ _ _ __ . _ _ . .__ . _ _ . _ _ .__ . _ _ _ _ ~

NRC-10-98-151 - --

j C.il.9 Instruction, qualifications a-d Certifications of Instruction l

"atruction and :<. v .a f:r all ypes f Tr a i n . . . , ? ,_ h- :_ nr .

^]ual led inst? .. t f 6 W {. 0 e w .4 1~.' and Va2id Ce.t..__J3*.- '

. t .?

Tn rea oy tnat ; ;. r : s r c t i c r. .ini n ., a nd /,o : instructs c _ a. '

7.a:. :.ea ir .aw .:orce m t, security _. aecures, ana .e n ca ,

first-aid. Qual: icationa cf instructu_a sm ' 1 be estacilsned cy documentation of past experience in teaching positions or by successf _

completion of a s;rse of insti r:s: trai.ung at a State-ace:e nted training facility. Resumes of prospectr/e instructors shall ce )

submitted to the COR for approval. !

l The contractor shall sucmir course our ines to the CDR fa: approva-. !

The Contractor shall develop, write, and administer examinations for I approval by the COR. All contractor employees shall obtain a passing l grade of 85 percent before being assigned under this contract. The !

Contractor shall maintain records of all training and shall provide j quarterly summaries of training to the COR. i The contractor shall notify the COR in writing of the times, locations, l and nature of all scheduled training within a minimum of 5 workdays l

prior to start of such training. The Government reserves the right to observe training activities without prior notice to the contractor. j C.11.10 Government-Provided Training !

The Government will provide the following training:

a) Central Alarm Training b) X-Ray Machine Training c) Badging Training l d) Any Government-Specific Computer Software Training C.12 PROJECT MANAGEMENT C.12.1 Project Management The Project Manager shall have full authority to act on behalf of the corporation on all operations, personnel and contractual matters. The Project Manager shall act as a Facilities Security Officer for the building. The duties of the Project Manager and Assistant Project Manager are outlined in Section J, Attachment 6, Position Description and Classifications for Uniformed Armed and Unarmed Guards.

C.12.2 Project Management Plan Within 30 days after the award date of this contract, the contractor shall provide the Contracting Officer (CO) with a draft Project Management Plan, with one copy to the NRC COR. The plan shall include, as a minimum, names, assignments, and duties of all key personnel; tentative schedules for recruiting and training of personnel; schedules and format for monthly and other reporting requirements; time-keeping, billing, and accounting procedures; and how the contractor plans to maintain a drug-free workplace in accordance with FAR 52.223- 06. This plan shall become effective when approved by the CO. In addition, a draft Project Management Plan shall be submitted annually, two (2)

Page 28 of 66

F NRC-10-98-151

Sectior _

mohths prior to the ;xpiration date __ ;ha .mntract, :r ap p r--

the CO as the plan for the forthcoming option year, if such opt:or b,_s exercised by the Government.

C.12.3 Recruitment Plans The contractor recruitment, shall maintain an active personnel screening, and selection program to provide a flow of incoming personnel

-Section sufficient to J, Attachment fill the positions at the posts defined in

6. This program shall be sufficient to keep Abreast and of attrition Training program.and shall be an adjunct to the Management program C.12.4 Employee-Retention Program

~

'The contractor attrition shall maintain and promote an in.the stability incentive workprogram force. toAdeter employee copy of the L

l program shall be provided to the Co, with a copy provided to the COR.

C.12.5 Quality Assurance Program i I

l The Contractor shall' implement a Quality Assurance Program by (

monitoring:and continued training and testing, of all personnel assigned to this contract. Testing shall be conducted to ensure

. capabilities on radios,- magnetometers, post instructions, access l control, automated badge system, photo identification computer system, and emergency equipment as approved by the Co. The results of l

i

'information writing-on a realized quarterlyfrom this-program shall be submitted to the Co in basis, .w ith a copy provided to the COR. The l

i Quality 10 days Assurance of contract Plan shall be submitted to the Co for approval within award.

t submitted for approval by theThe Co.plan must be updated as necessary and C.12.6 Daily Reporting and Other Required Reports Periodic and special reports shall be submitted by the; contractor as

. required by the contract.

One copy of the Shift Report along with one g

copy of all Security Incident Reports are. forwarded for review and distribution to the COR on a daily basis. Incident reports should be forwarded not later that 0800_ hrs for any after hours incident and within 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months 'of the event during non security hours.

C.'12i? Recording Presence Each contract employee shall " sign in" when reporting for duty and

" sign out" when leaving at the end of the work shift. An automated record of Time of' Arrival and Departure shall be kept in a manner prescribed by_the COR. 1 C.12.8 Breaks

The Project Manager.shall ensure each person receives an appropriate break / meal time for each period worked.

consecutively. The Project Manager.shall Breaks shall not run report to the COR, in !

writing, whenever an employee fails'to receive an authorized break.

Page 29 of 66 I l i-

NRC-10-98-151 ge;ti r c C.12.9 Relief and Substitute Persennel Substitute perscr*:. shall he at 1m ,t egaai ir p a i _ f ; ; r_ _ u r , _:

regularly assigned persor tel . Resumes for substitute .cy perscrne; shall be submitted to the Coc.tracting Officer for evaluation by the COR 15 days prior tc the plar.e9 absance. The Ocntract: 1 wi_2 be hat: fled of approval or disapproval within 3 business days of the contractor's submission. The contractor may charge the Government only 'or labor hours actually proviaed in manning the posts and positions required oy the contract and is not entitled to any additional compensation for wages or other costs incurred in contract performance, such as for start- up time expended by guards or supervisors prior to coming on duty, stand-down time expended by guards or supervisors after going off duty, and additional costs for relief or substitute personnel. I C.12.10 Termination / Transfer of Personnel The contractor shall notify the COR immediately upon transfer or termination of ny person assigned to work under this contract. This notification shall be followed up in writing within 3 business i ys. )

C.12.11 Contractor Employee Files The contractor shall maintain on site administrative files, which shall at a minimum include personnel files on all employees furnished under the contract. These files shall contain as a minimum the c3rson's name, Social Security number, home adaress, home telephone number, name of person to be notified in emergency, records of all training, examinations, weapons training and test scores, and copies of all !

complaints, investigations, commendations, and all records relative to i the affected employee. These files shall be maintained by the Project Manager at NRC and are subject to delivery to and/or inspection by the COR at any time.

)

C.12.12 Staffing

a. Permanent Services Staffing for a new or existing post shall commence through the issuance of a post order. The contractor shall comply with the request for staffing within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months of receipt of a delivery order. The request may be oral followed by a written order from the COR. The order will delineate the post location, description of the tour of duty, total hours, days, clearance requirements, duties, and number of positions required.

b. Temporary Additional Services (TAS)

Temporary Additional Servicea (TAS) are any additional man-hours and or services requested by the COR that are

temporary. The Contractor is required to provide these services as requested by the COR. The order will delineate the post location, date of the tour of duty, total hours, l days, clearance requirements, duties, break procedures, and number of positions required. Normally 24 hour2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months notice will Page 30 of 66 w___-____________-- _ _ _ _ _ ._. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-_ . _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _

NRC-10-98-151 -

ce g r.' e n C.12.13 Contractor Facilities The contractor shall provide ana maintain an off-site corp;rac_ ;ffice in the Washington v etropolitlan area to facilitate admircstranicr of the Program and a liaison with the NRC COR.

C.12.14 Orientation and Governmer.t Facility Survey Upon request, the Government will provide the sucessful contractor orientation, which will include 1-2 days of instruction on NRC policies. Orientation will be followed by a survey of facilities including buildings and posts to be protected by contract personnel.

During orientation, the COR will provide the Project Manager with the following documentation:

((} a. Copies of current General Orders, Post Orders, Special Orders, and other documents.

b. All instructions and directives for operating security equipment,

c. All instructions pertaining to the location of installed security control equipment and systems, and instructions pertaining to the operation and location of utility cut off valves, switches, and security controls.

d. NRC building access procedures and required material.

e. Policies and procedures for responding to emergency alarms, work place violence incidents, bomb threats, suspected incendiary devices, and other potential hazards.

f. The Occupant Emergency Plan (OEP) for each facility and/or a review of the responsibilities of each post during an emergency.

C.12.15 Preliminary Transition Plan Within 10 working days following the orientation, the contractor shall submit to the COR a Preliminary Transition Plan, with a copy to the Contracting Officer.

The Preliminary Transition plan should form the basis for the Final Transition Plan to be approved by the COR. The Contractor shall submit the Final Transition Plan to the COR, with a copy to the CO, within 15 working days after orientation or as agreed to by the COR. The transition plan shall include but not be limited to:

a. Licenses and Permits Identify which licenses and permits must still be obtained.

l Page 31 of 66

NRC-10-98~'151 -

sec; _ :-

Type :f assistance e::cected f. m NRC Di"isic:' cf Faci _: ;

I and Securir/ 2 :. Obtaihing 1.canses and permits. . : a: ne l.

date by which each license or permit w _. be obtained.

I

b. Insurance i

f Types of insurance which must still be obtained. Planned

date by which all insurance will be obtained.

l l

l c. Transition Plan

l. 1 Identify how the contractor plans to interact with the l outgoing contractor. Planned commencement and completion l 'date of complete phase-in.

f

d. Property Control-Government Furnished Equipment Plans te transfer GFE from predecessor contract. Inventory control and property management / receipt and account of goverament furnished equipment.

e. Ke r Control i- Plan to receive and account for keys.

l.

[End of Clause]

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NRC-10-98-151 sect t::

SECTION D - PACKAGING AND MARKING 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 corr.cn 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 transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

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l Page 33 of 66 I

a_____

i sec r-l NRC-10-98-151

SECTIC.. E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. FAR 52.252-2 contains the internet address for electronic access to the full text of a clause.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996 E.2 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, Page 34 of 66 i

NRC-10-98-151 Se c t : :'

! SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE l

j The following contract clauses pertinent to this section are i

hereby incorporated by reference (by Cication Number, Title, and

Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. FAR

52.252-2 contains the internet address for electronic acce.cs to the full text of a clause.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (4 8 CFR Chapter 1) 52.242-15 STOP-WORK ORDER AUG 1989 F.2 DURATION OF CONTRACT PERIOD (MAR 1987)

ALTERNATE 4 (JUN 1988)

The ordering period for this contract shall commence on August 14, 1998 and will expire on January 31, 1999. Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein. (See 52.216 Ordering.) The term of this contract may be exter.ded at the option of the Government for an additional four years.

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NRC-10-98-151 sect;;-

! SECTION G - CONTRACT ADMINISTRATION DATA l

i l G.1 2052.215-73 PROJECT OFFICER AUTHORITY-ALTERNATE 2 (a) The contracting officer's authorized representative, hereir.after referred to as the project officer for this contract is:

Name: Sandra Schoenmann i

Address: 11545 Rockville Pike Mail Stop T-6-E-27 Rockville, MD 20850~

Telephone Number: (301) 415-2210 G.2 ORDERING PROCEDURES (MAY 1991)

(a) In addition to the contracting officer, contract administrator, and project officer, the following individuals are authorized to issue delivery orders under this contract:

Louis Fisher (b) All delivery orders shall be prepared in accordance with FAR 16.506 and may be issued in writing, orally, or by written telecommunications.

G.3 ELECTRONIC PAYMENT The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. It is the policy of the Nuclear Regulatory Commission to pay vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. The electronic system is known as Vendor

' Express. . Payment shall be made in accordance with FAR 52.232-33, entitled " Mandatory Information for Electronic Funds Transfer Payment".

To receive payment, the contractor shall complete the " Company Information" portion of the Standard Form 3881, entitled "ACH VeIdor/ Miscellaneous Payment Enrollment Form" 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.

I Page 36 of 66

_ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ . - i

NRC-10-98 '51

_ s+n_-

- ensure that adeque -: pay ert :-i r- _a , _ _ _ .: , ;__x_c n contractor, the contrnttr should inf r a f;r n r a; ..r__

-W -"= a ident:- r=r ta met --

.: 4 4 f r- -"e. ,yment. n_

ACN ::trainator snould f . c;u t tne "F: nan;.a; ::.st itut cn Information" portion of the form anu retarr. 2n to the ;ffice af the Controller at the fclltwing address Mucienr Regulatory Commiss:cr, Division of Accounting and Finance, Financial C;perations Section, Mail Stop T-9-H-4, Washington, DC 20555, ATTN: ACH/ Vendor Exoress. ~

I; 1s the responsibility of tne contra r_u to ensure tnat une financial institution returns the completed form to the above cited NRC address. If the contractor can provide the financial information, signature of the financial institutions ACH Coordinator is not required. The NRC is under no obligation to send reminders.

Only after the Office of the Controller has processed the contractor's sign-up form will the contractor be eligible to receive payments.

Once electronic funds transfer is established for payments authorized by NRC, the contractor needs to submit an additional SF 3881 only to report changes to the information supplied.

Questions concerning ACH/ Vendor Express should be directed to the Financial Operations staff at (301) 415-7520."

G.4 ADJUSTING PAYMENTS

a. Under the Inspection of Services Clause of this contract, payments may be adjusted if any services do not conform with contract requirements. The Contracting Officer or a designated representative will inform the contractor in writing, of the type and dollar amount of the proposed deductions by the 15th day of the month following the performance period for which the deductions are taken.

b. The contractor may, within 10 working days of the date of the notification of proposed deductions, present to the Contracting Officer specific reasons why any or all of the proposed deductions are not justified. Reasons must provide specific facts that justify reconsideration and/or adjustment of the amount to be deducted. Failure to respond within the 10-day period will be interpreted to mean that the contractor has no objection to the deductions proposed.

(End of Clause)

G.5 APPLICATION OF CRITERIA FOR DEDUCTIONS ,i A. Deductions for Failure to Provide Supervisory and Productive Man-Hours.

The contracting Officer's designated representative, herein referred to as the Project Officer, will compare the man-hours reported by the Contractor with the NRC Automated Time and Attendance report.

These reports will be the basis for computing man-hour deductions. In Page 37 of 66 l

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NRC-10-98-151 secti:- ; i

~ . !

the event the Contractor reports c.n noure :na: ce ci;c nz . ; .2 time and attendance report, ther the time and attendance report .u ; ;

preval..

(1) Deductions for Failure to Provide Supervisory Man-Hours. Ir l

the event the contracter, for any reason whatsoever, fails to provide the required man-hours for supervision, deductions will be made the prevailing contract hourly rate for the supervisory security guards.

Deductions will be made at one-half hourly increments.

l (2) Deductions for Failure to Provide Productive Man-Hours. In the event the contractor, for any reason whatsoever, fails to provide the required man-hours for. armed and unarmed guards, deductions will be

.made at the prevailing contract hourly rate for the armed and unarmed !

security guards. Deductions will be made at one-half hourly increments.

B. Deductions for Failure to Provide Equipment, Materials and Uniforms.

The equipment, materials and uniforms provided by the Contractor shall conform to the requirements outlined in Section C, Description / '

Specifications, of the contract. All guards are to be properly ,

uniformed and present a neat appearance in accordance with the Contract l Guard Operations Manual. All armed guards are required to carry all necessary permits and be authorized to carry a firearm.

l In the event the contract guard reports for duty with defective equipment, defective uniforms, unsatisfactory appearance, unclean ;

l weapons, etc., the guards will be dismissed from duty and deductions will be taken at the prevailing hourly rates for the category of guard l that failed to meet contract specifications for all hours that the deficiency occurs.

C. Deficient Performance.

In the event a contract guard provides unsatisfactory service, the the Program Manager shall take corrective action to assure that the guard improves his/her performance. (Attachment 12 lists failures that the NRC considers to be deficient performance.) The Government ;

reserves,the.right to reduce the invoiced amount for that performance period'to reflect the reduced value of the services performed during f ,

that period. .If the contract guard continues to p ovide unsatisfactory i service, the NRC Contracting Officer reserves the right to request that the contractor remove that employee from the contract. The Contractor i is advised that continued deficient performance under the contract is grounds for termination of the contract for default.

End of Clause l

i Page 38 of 66 N

l !

l NRC-10-98-151 Section H l l

l SECTION H - SPECIAL CONTRACT REQUIREMENTS l !

l H.1 2052.204-71 SITE ACCESS BADGE REQUIREMENT i l During the life of this contract, the rights of ingress and egress

for contractor personnel must be made available as required. In this l regard, all contractor personnel whose duties under this contract require their presence on-site shall be clearly iden*.ifiable 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 l all times. All prescribed identification must be immediately delivered to the Security Office for cancellation or disposition l upon the termination of employment of any contr s tor personnel.

Contractor personnel must have this identification in their possession during on-sit

performance under this contract. It is the contractor's duty to ass re that contractor personnel enter only those work areas necessazy for performance of contract work, and to assure the safeguarding 35 any Governmant records or data that contractor personnel may come into contact with. !

H.2 2052.215-70 KEY PERSONNEL ]

l (a) The following individuals are considered to be essential to the !

successful performance of the work hereunder- !

l i

Richie Fisher Bobby Arrington l

1 The contractor agrees tnat personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and ;

(c) of this section.

(b) If one or more of the key personnel, for whatever reason, i becomes, or is expected to become, unavailable for work under this ccatract'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 i personnel with personnel of at least substantially equal ability and qualifications.

Page 39 of 66

NRC-10-98-151 (c) Eaci. reques* for apprsval n .sucati.tutions m- .:= _ n m _ t _ n _:

anu at r ts u a . n: ' s:q _' n/ cf -he circur _..cer necessitating ?I p r C p ! c .. 2 it'.75~"J 2 .3 im p :S! TuS h _. s 1 contain a complete resume fc ti.e proposed suc:stitute and otne:

inforcat:.or 1 :Tumtei ci m -wt cv the cortract na officer to evaluate the pioposed subst r.~;an. The contracting officer or his/her authorized reo: uentative nhall evallate the reauest and promptly notify the contract;: of his or her approval of disapproval

^

in writing.

(d) If the contracting office: determines that suitable and timely replacement of key personnel who nave been reassigned, terminated, or have otherwise becora 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.

H.3 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)

H.4 2052.235-72 SAFETY, HEALTH, AND FIRE PROTECTION 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 contractor fails to comply with these regulations or requirements, the contracting office 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.

Page 40 of 66

NRC-10-98-151 ser: -- -

l l H.S GOVERNMENT FURNISHED EQUIPMENT / PROPERTY (NOV 1994)

(a) The NRC will provide the centractor with the following 1: ems for usa naer _his com ract (1) Electrical and mechanical equipment, such as alarm and surveillance systems, communications equipment, closed circuit televisions, including written operating procedures and instructions; (2) Security Officer's Book; (3) Telephones deemed necessary for the conduct of official Government business under this contract; i (4) Security guard office, locker space, locker and office j equipment (excluding office machines);

(5) Classroom facilities for conducting on-site job-related training; 1

(6) Building utilities and services, such as concession office supply room and medical facilities (for emergency purposes); and (7) One parking space in the One White Flint North Garage.

(b) The above listed equipment / property is hereby transferred from contract / agreement N/A. l (c) Only the equipment / property listed above in the quantities l l

ehown will be provided by the Government. This property is subject to the provisions of the Government Property clause under this contract. All other equipment / property required in performance of the contract shall be furnished by the Contractor.

(

[End of Clause)

H.6 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 l more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo-identification or card-key badges.

l (b) It is the contractor's duty to safeguard National Security j Information, Restricted Data, and Formerly Restricted Data. The l contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding National Page 41 of 66 l

l

MRC-10-93-151 5- :: _ -

Security IniDrmatiCn, Restricted Dd.;, and FCrNer y Rad;;_ 13 _ST~,

'and fci protecting against sabCta':e, c :_ p . -~. ig a , .-c , 3 :' T ~ ~. e f -

~;assified dcUumer" a nd f2 T 9 r.31 _. T .e ;1nt1~3"!Cr# :' i

[' :0531 ' ..

Connect 1or With the performance at WCrk under Enle Cont r act . Excep: a .:

otherwise expressly provided in this contract, the contractor Snali, upon ctmpletion er termination af this 'artiact, trans-D the Commission any classified matter in the possession of the contractor er ]

any persen under the contractor's control & :onnect:Or with performance of this contract. If retent cn cy the contrac;;r of any '

classified matter is required after the completion or termination of the contract and-the retention is approved hy the contracting officer, the contractor shall complete a certificate o-. possession to be furnished to the Commission specifying the classified matter to be retained. The certification must identify the items and types er categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.

(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire proprietary data (trade secrets) or confidential or privileged technical, business or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub L.93-579), or other information which has not been released to the public or has been determined oy the Commission to be otherwise

. exempt from disclosure to the public. The contractor agrees to hold the information in confidence and not to directly or indirectly duplicate, disseminate, or disclose the information in whole or in part to any other person or organization except as_may be necessary to perform type work under this contrect. The contractor agrees to return the information to the Commission or otherwise dispose of it at the direction of the contracting officer. ;

(d) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission.

(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 anainst 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 l L

utilization of atomic weapons; (2) the production of special nuclear l material; or (3) the use of special nuclear material in the production

l. of energy, but does not include data declassified or removed from the l . Restricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954, as amended.

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

Page 42 of 66 e -___-__-_-

NRC-10-98-151 5= lor l =

\

l Fr ' Security Clearance Personnel. The contract;: =-

n terr n r-individual to have access to Festricted "ata, F~- e., Rest'ricted 23:3, or othe: . classified informat_ r, except .n a _.._a,._; w; t r t n e :u , _ .

Energy Act of 1954, as amended, anu the Tc- .;s s 1 . 's regulations a requirements applicable to the particular type 0: category of class fied information to which access is required. The contractor shal; also l

execute a Standard form 312, Classified Informat: Cr Nondisclosure

[ Agreement, whe" a c.ce s s *0 clasified information .s requ;:ed.

Performance under this contract may require access up to and including j Secret National Security Information requiring an "L" personnel l security clearance. For a limited number of contractor employees, i performance under this contract.Tay involve access up to and including l Secret Restricted Data requiring a NRC "Q" personnel clearance.

Employees requiring a personnel security clearance shall submit a l personnel security forms (PSF) packet including Parts 1 and 2 of the SF l 86, " Questionnaire For National Security Positions." The contractor shall assure that all required forms are accurate, complete, and legible, except for Part 2 which is required to be completed in private and submitted by the individual to the contractor in a sealed envelope.

Upon receipt of an acceptable PSF packet, the NRC may, at its ,

discretion, allow performance of work by contractor employees under the ,

contract prior to granting a personnel clearance, provided, however, l such employees shall not be assigned work involving access to classified information. Based upon review of the PSF packet, the NRC ,

j may, among other things, approve or disapprove an individual for work ;

under this contract pending completion of the required background 1 I

investigation and grant of eligibility for security clearance shall be resolved in accordance with the provisions set forth in 10 CFR Part 10, l " Criteria and Procedures for Determining Eligibility for Access To j' l Restricted Data or National Security Information or an Employment Clearance," which-is incorporated in this contract by reference as though fully set forth herein.

L Security clearances for guards with existing and current Federal ,

Government security clearances at the Secret or Top Secret level must be certified to NRC's Division of Facilities and Security (DFA) before l

guards may work under this contract. These individuals will ultimately need an NRC security clearance and may be required to submit an NRC security forms packet. Guards identified with existing and current NRC

security clearances granted under previous security guard contracts may l

work under this contract upon submittal of their name, social security l

number and date of birth, to DFS. Guards without an existing and/or current Federal Government security clearance must complete and submit an NRC security forms packet to DFS and receive temporary security t

approval, in accordance with this claust, prior to working under this L contract.

j (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 i

Data, Formerly Restricted Data, or any other classified matter that may j come to the contractor or any person under the contractor's control in

! connection with work under this contract, may subject the contractor, Page 43 of 66 t_____________________.______.._____________

'GC 9 8 - 151 Su_: .- r

.e> .u;p. - . ,, .- .-

. - . .r s . .3, ,.. ..,.._.,..

. . . . ~ . _ . ,

. . . a, . . _ , . . _., . . ,. .

zny~m -. ,a -

e s.e.

. ..= .: . w. . . -=- a= ,. a .=

..:- ..,z....1 . ,.. .= .

n._

amended, 42 U.S.~ .! ' : ; et req., E ..:.:. 79.3 '2, a r -i r.

Orders .2956 ani . .-. M s .

( i, )

c_ u " C ~.. "_ ." ;3 * ". .' i.=.;"...._.*.3.:~A- .. O..~a~. _T .V. m'~'

y n " ~_ 3. S ^ " 9 ' _* '_ l ' .c, e. r,'__'.'."~;

in writing t>y the contracting officer, the contractor snai Insert provisions similar to the foreaoina in all sub ._: a: ari p n m ase c , . . - -

s -nm_g v o.-.

.. .. . . _.w. _4 c - . m,. a. -. . - .

(k) In performing tne contrsct work, the cortractor shall classify all documents, material, and equipment originated cr by the contractor ;r accordance with guidance issued cy the commission. Every subcont:act and purchase order issued hereunder involving tbo

gination or generation of c2assified 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.

(End of Clause) i i

I i

I I

l Page 44 of 66 t

MRC-10-99-151 sect _:r :

PART II - CONTRACT CLAUSES SECTION I -

CONTRACT CLAUSES I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference ;by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES

. INCORPORATED BY REFERENCE" in Section I of this contract. FAR 52.252-2 contains the internet address for electronic access to the full text of a clause.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.202-l' DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 THF GOVERNMENT 52.203-7 ANTI-KICKBACK PRCCEDURES JUL 1995 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997 CERTAIN FEDERAL TRANSACTIONS 52.204-2 SECURITY REQUIREMENTS AUG 1996 52.204-4 PRINTING / COPYING DOUBLE-SIDED ON JUN 1996 RECYCLED PAPER 52.207 RIGHT OF FIRST REFUSTL OF EMPLOYMENT NOV 1991 52.209-6 PROTECTING THE GOVERWMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTOR'S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2' AUDIT AND RECORDS--NEGOTIATION AUG 1996 (2.215-8 ORDER OF PRECEDENCE--UNIFOPM CONTRACT OCT 1997 i FORMAT 52.219-8 UTILIZATION OF SMALL, SMALL JUN 1997 DISADVANTAGED BUSINESS AND WOMEN-OWNED SMALL BUSINESS CONCERNS 52.219-9 SMALL, SMALL DISADVANTAGED BUSINESS AND AUG 1996 !

WOMEN-OWNED BUSINESS SUBCONTRACTING PLAN 52.219-16 LIQUIDATED DAMAGES-SMALL BUSINESS OCT 1995 SUBCONTRACTING PLAN 52.222-1 -NOTICE TO THE GOVERNMENT OF LABOR FEB 1997 DISPUTES 1 52.222-3 CONVICT LABOR AUG 1996 i 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-28. EQUAL OPPORTUNITY PREAWARD CLEARANCE OF APR 1984 SUBCONTRACTS 1 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED APR 1984 i

Page 45 of 66 ;

i p

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NRC-10-98-151 E CE

WORKERS 52.222-37 EMPLCD N' REF RTS 4 C:FABLEP fr~ F i - A: ? _ :-

AND VETERE:E F THE ':ETN;J4 ERA 52.223-2 CLE;d! A:P J:2 WATER AF; 1F;4 PLLLUTION FREVFNT 1N A':D R:: '~T-52.223-5 -

" ~ 'c. AFR _s -

52.223-6 DRUS-FREE WORFJ1 ACE JAN 19V 52.225-11 RESTRICTIONS CN ZERTA:N FORE:GN OCT 1996 PURCHASES S2.227-1 AUTHORIZATIC:s AND I;::SE::T J '. 1 .;95 52.227-2 NOTICE AND ASSISTANCE CONLERNING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.228-5 INSURANCE--WORK ON A GOVERNMENT JAN 1997 INSTALLATION.;

52.229-3 FEDERAL, STATE, A1;D LOCAL TAXES JAN 1991 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. APR 1984 POSSESSIONS OR PUERTO RICO 52.232-1 PAYMENT APR 1984 52.232-8 DISCOUNTS FOR PROMPT PAYMENT MAY 1997 52.232-11 EXTRAS APR 1984 52.232-17 INTEREST JUN 396 52.232-23 ASSIGNMENT OF CLAIMS JAN 19e6 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC AUG 1996 FUNDS TRANSFER PAYMENT 52.233-1 DISPUTES MAR 1994 ALTERNATE I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996 52.237-2 PROTECTION OF GOVFRNME::T BUILDINGS, APR 1984 EQUIPMENT, AND VEGETATION 52.237-3 CONTINUITY OF SERVICES JAN 1991 52.242-13 BANKRUPTCY JUL 1995 52.243-1 CHANGES--FIXED PRICE AUG 1987 ALTERNATE I (APR 1994) 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) OCT 1997 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.245-2 GOVERNMENT PROPERTY RECORDS DEC 1989 (FIXED-PRICE CONTRACTS) f 52.245-1 PROPERTY RECORDS APR 1984 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997 52.249-2 TERMINATION FOR CONVENIENCE OF THE SEP 1"96 GOVERNMENT (FIXED-PRICE) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 I.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from August 14, 1998 through January 31, 1999.

(b) All delivery orders or task orders are subject to the terms i and conditions of this contract. In the event of conflict between a

! delivery order or task order and this contract, the contract shall control.

Page 46 of 66

._ ______-_______-_-______________-_D

NRC-10-98-151 Ss ; _ f _

l

e l If mailea, a delivery crder :: tae _ -- : _ n,_xr_;

i ";ssued" wher -he Government deposits tre :rde: b the a:: -de -

! may be issued arally, by facsimi.e, si p. : _ e 1 2. _ :c merc-l methods only .: author. zed .: : - Schedu_e l I.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Miniinum oraer. When the Government requires supplies or services covered by this contract in an amount of less than $19.15, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $10,000.00; (2) Any order for a combination of items in excess of $10,000.00 (3) A series of orders from the same ordering office within 0 days that together call for quantities exceeding the limit 4 tion in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subser: ice 52.216-21 of the Federal Acquisition Regulation (FAR!i, the Government is not required to order a part of any one requirement from the Contractor if that i

requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in i paragraph (b), unless that order (or orders) is returned to the !

ordering office within 0 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the i Government may acquire the supplies or services from another source.

I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995) l l (a) This is an indefinite-quantity contract for the supplies or

services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the i Schedule are ecrimates only and are not purchased by this contract.

i (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the Page 47 of ~6

NRC-10-90-15i Ser :r :

a pe c _ t i e ,. .: :ne supp2;es :: x ._.m _ w 1.. . " ._.

a: _.

the quantity des;gnated _: the Scnedule as the M.. m.n '

n; Governmer- sha'1 order at laast he gt e t , n_.-s or ser" -=

des:gnated _r d - 5: edule as tne " minimum."

(c) Except for anc limitations a. quartit_t ,

n the Order Limitations clause or in the Schedule, there is no limit on the number of orders tna; may be issued. The Government may issue orders requir:ng delivery to multiple destinat;or.s or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order The contract shall govern the Centractor'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 Contracror shall not be required to make any deliveries.under this contract afeer the expiration date of the contract..

I.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (Wut 198 9 )

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include tFis option provision.

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

I.6 52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED 4 (MAY 1989) {

l 1

(a) Definitions. "Act," as used in this clause, means the Service Contract Act of 1965, as amended (41 U. S . C . 351, et seq.) ]

" Contractor," as used in this clause or in any subcontract, shall be deemed to refer to the subcontractor, except in the term

" Government Prime Contractor." l l

" Service employee," as used in this clause, means any person l engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional Page 48 of 66 )

l l

l l <

\ l

?

l l !

NRC-10-99-151 9::ticr :

copa? city, as t h.: s e t- s art ief f r ed _. -

ir :4_ : -

n of Nderal egu2ations, as te nsed. :: .:.cludes .. _; - _.

regr iss c? arz ctrtractual :._at__rJ; : .a q w. r = a _ age . :-

ex -

twem a . ntractor or auccontractor ana sucr persons (b) Applicability This ccntract u, subject to the folicwing provisions and to all other applicable provlsions of _ne Act and regulations of the Secretary if Labor 29 CFR Part 41 ~his clause does not apply to contracts or subcontracts aaministrat;..e_y exempted by the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in Subpart Ct f 29 CFR Part 4 (c) Compensation. (1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2) (i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the centract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in thic paragraph (c)

(ii) This conforming procedure shall be initiated by the

bntractor prior to the performance of contract work by the unlisted class of employee. The contractor shall submit Standard Form (SF) 1444, Request for Authori ; ion of Additional Classification and Rate, to the Contracting vrficer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting officer within 30 days of receipt that additional time is necessary.

l (iii) The final determination of the conformance action by I the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

Page 49 of 66

NRC,10-99-151 sen;; -

~

.iv)(A) > prxess af nac _ ishing wage r. f ..ge cene:._

rates that bear a reasonable : >

.v' nship : :- - . ; r ud i- a aa, determination canns: ce ;educeg :: any single fermula. ~he apprei:-

usea may vary tram wage determination to wage at arm: nan::n '

. depending on the circumstances. Ftandard wage a: . si.ary administration practices which rank various job classifications by pay grade-pursuant to' point schemes or other "n fac crs may, for example, be relied upon. Guidance may also De >btained f rua the way

.different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate (s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to

. paragraph-(c) of this. clause, a new conformed wage' rate and fringe benefits may be assigned to the conformed classification by. indexing (i.e., adjusting) the previous conformed ra, and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determ nation, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prict to.the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting officer of the action taken but the other procedures in subdivision (c) (2) (ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section (6) (a) (1) of the Fair Labor Standarda Act of 1938, as amended.

(v) The wage rate and fringe benefits finally deturmined under this subparagraph (c) (2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification.

Failure to pay the unlisted employees the compensation agreed upon by.the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (vi) Upon discovery of failure to comply with subparagraph (c) (2) of this clause, the Wage and Hour Division shall ~

make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of Compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees Page 50 of 66 l

[

l NRC-10-98-151 Secticr l

undeb this contract shall be sbbject t; adjustmert after 1 year :,.;

l not less often than once every 2 years, under wage determinat;:ns issued by the Wage and Hour Divisier (d) Obligation to Furnish Fringe Benefits. The Contractor or

! subcontractor may discharge the obligation to furnish fringe l benefits specified in the attachment or determined under i subparagraph (c) (2) of this clause by furnishing equivalent combinations of bona' fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Parto4.

l (e) Minimum Wage. In the absence of a minimum wage attachment L for this contract, neither the Contractor nor any subcontractor

! under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) l less than the minimum wage specified by section 6 (a) (1) of the Fair Labor' Standards Act of 1938. Nothing in this clause shall relieve the Contractor.or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

'(f) Successor Contracts. If this contract succeeds a contract subject.to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and g

fringe benefits provided for in such collective bargaining !

i agreement, to which such employee would have been entitled if ;

employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe l benefits provided for under such agreement. No Contractor or l subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.lb(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages ,

and/or fringe benefits provided for in such agreement are l substantially at variance with those which prevail for services of a l character similar in the locality, or determines, as provided in 29 i CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not i entered into as a result of arm's length negotiations. Where it is l found'in accordance with the review procedures provided in 29 CFR 4.10'and/or 4.11 and Parts 6 and 8 that some or all of the wages

.and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service. employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, t h-

-Department will issue a new or' revised wage determination setting Page 51'of 66

NRC-10-96-151 Soci.-- .

for[h r.he appl _ cable wage rates and ft ige benefita Fuct determ;natun shall be made part of the nntract cr succontr u accordance with the decia:Or :.f the Ac: 1n;strat_., -;a Administrative Law Judge, or tne Board Df Service Tantract Appeals, as the case may be, irrespective of whether such issuance occur, prior to or after the award of a contract or subcontract '53 Corp.

Gen. 401 (1973)) In the case of a waae determination issued soleiv as a result of a finding of substantial variance, such determinatich shall be effect;ve as of the date of the finai administrative decision.

(g) Notification to Employees. The Jontractor and any subcontractor under this contract shall notify each service emplcyee commencing work on this contract of the minimum menetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage-determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) .

si.all be posted in a prominent and accessible place at the worksite. j Failure to comply with this requirement is a violation of section l 2 (a) (4) of the Act and of this contract.

(h) Safe and Sanitary Working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with th.

safety and health standards applied under 29 CFR Part 1925.

(i) Records. (1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the-Wage and Hour Division, Employment Standards Administration, a j record of the following:

(i) For each employee subject to the Act -

(A) Name and address and nocial security number; (B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of f ringe benefits, and total daily and weekly compensation; (C) -Daily and weekly hours worked by each employee; and (D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classea of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of j paragraph (c) of this clause. A c opy of the report required by Pace 52 of 66 l

L

NRC-10-99-151 se ;7- : l sabd'ivision (c.-T 1. .- of this c huae 1. f fi_1 -";- .- m .c _ n 11.'

.;s: Of the predecessor Centracrr'- rpicyee=

which had been furniched : the C ntracter n prescrma av paragraph (n) of thin clause.

(2) The Contractor shall also make available a copy of this I contract for inspection cr t. inscription by authorized !

representatives of the Wage and Hour Division. j (3) Failure tu make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the contracting officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of 1 funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the. Wage and Hoar Division to conduct interviews with emplovaas at the worksite during normal working hours. l (j) Pay Periods. The Contractor shall unconditionally pay to l each em'ployee subject to the Act all wages due free and clear and I without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback on any account.

These payments shall be made no later than one pay period following l the end of the regular pay period in which the wages were earned or accrued. .A pay period under this Act may not be of any duration longer than semi-monthly.

(k) Withholding of Payments and Termination of Contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the !

Contracting Officer decides may be necessary to pay underpaid l employees employed by the contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the contracting

' Officer.may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until

.such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any ;

additional cost. j (1) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act.

(m) Collective Bargaining Agreements Applicable to service

Employees. If wages to be paid or fringe benefits to be furnished

any service employees employed by the Government Prime Contractor or

! Page 53 of 66 i

L .

NRC-10-99-151 Per::;-

suocantractor under the ;nt ra; are pr c._ q : f: ,

an{

co1 ,ective bargaining agreement wn:r: is or wi -

2+ =::e t. = . .: n any ~oeriod in which the etntract is .eira cerfc red, t h-: 7 : ve r r e - --

f Pri me , Contyactcr shall-report such fact to't'.7.e C ntracting Officer.

l to.etner witn tui. Information as tc the application and accrua_ of st;h wages and fringe benefits, including any prospective increases, tr service employees engaged in work on the contract, and a copy of ti.e collective bargaining agreement. Such report shall be made upon c:mmencing performance et the contract, in the case of col _=;tive

'argaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time;during the period of contract performance such agreements shall be reported promptly after negotiation thereof.

(n) Seniority List. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service emplbyees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbant Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or. predecessor Contractorslof each such service employee. The contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract.

(o) Rulingc and Interpretations. Rulings and interpretations of the Act are contained in Regulations, 29 CFR Part 4.

(p) Contractor's Certification. (1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act.

l (2) No part of this centract shall be subcontracted to any l ' person or firm ineligible for award of a G rernment contract under section 5 of the Act.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(q) . Variations, Tolerances, and Exemptions Involving Employment.

Notwithstanding any of the provisions in paragraphs (b) through (o) l of this clause, the following employees may be employed in i accordance with the following variations, tolerances, and l exemptions,.which the Secretary of Labor, pursuant to aection 4 (b)

! of the Act prior to its. amendment by Pub. L.92-473, found to be necessary and proper in the public interest or to avoid serious

, impairment of the cond;ct of Government business.

. (1) Apprentices, student-learners, and workers whose earning Page 54 of 66

NRC-10-98-151 Se: ;_

spac'ity is ;mpaired by age, physical mental daf:__. _ -

may be employed n wages lower thr 5 -ini~r 9 9.crw_ss required by sectitc 2!a;.1: tr : b 1. tf the Ar- u .hr diminishing any fringe benefits ai casr payments ;n _ieu therec:

required under section 2(a) :2? of the Act, in accordance witr d.:

conditions and procedures prescribed for the empicyment of apprentices, student-learners, handicapped persons, and handicarpea clients of sheltered workshops under section 14 of the Fair Labhr Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 5253.

(2) The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof),

applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524,'and.525).

(3) The Administrator will also withdraw, annul, or cancel such c' certificates in-accordance with the regulations in 29 CFR Parts 525 and 528.

{r) Apprentices. Apprentices will be permitted to work at'less than the predetermined rate for the work they perform when they are employed'and individually registered _in a bona fide apprenticeship

. program' registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered sith the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not

. registered as an apprentice in an approved program shall be paid the wage, rate'and fringe benefits contained in the applicable wage determination for the journeyman classification'of work actually performed. The wage rates paid apprentices chall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the fjourneyman's rate containe3 in the applicable wage determination.

The allowable ratio of. apprentices to journeymen employed on the'

contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.

(s) Tips. An employee engaged in an occupation in which the

' employee customarily and regulcrly receives more than $30 a month in i tips may have the amount of these tips credited by the employer

. against the minimum' wage required by section 2 (a) (1) or section

'2 (b) (1) of the Act, in accordance with section 3 (m) of the Fair

, Labor Standards Act'and Regulations 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hou'r beginning January 1, 1981. To use this~ provision -

I -(1) The' employer must' inform tipped employees about this tip Page 55 of 66' i

.NRC-10-99-151 _

tr :

ci e [i t s._cwar ref r= the :~iit - -

_2ei

,..;_, 'y7 emp ;fnes r=- b al;; wen -- . 1' s : -

_1 _ips ,

tinn vlaua ny c: nrouar a ptc.;ng a r l a r. a e ~ e n : ana r e g a r a _ .:s a 2: 1 whetaer the employer elects tc take a c rer t f;r t;ps rece:ved ,

(3, The employer must be aole to sbow by records that the employee receives at least the appl 1 m..e Serv;ce Contract Act .

minimum aage through tbc cmb;:at t; cf direc: wages and tip credit; I and (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4 (c) of the Act.

(t) Disputes Concerning Labor Standards The U.S. Department of Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such )

disputes shall be resolved in accordance with those procedures and I not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting' agency, the U.S.

Department of Labor, or the employees or their representatives.

I.7 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 subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination.

Employee Class Monetary Wage - Fringe Benefits Supervisory Security Guard GS-9 Armed Security Guard GS-7 Unarmed Security Guard GS-5 0

I.8- 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 1989) l (a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective Page 56 of 66 l

u__.___ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ . _ _ _ _ _ _ _ . _ . _ _ _ . _ . _ _ _ _ _ _ _ _ _ _ . _ _ . . _ . _ _ _ _ _ _ _ _ _ . _ _ _ _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ . _ _ _ . _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ . _ _ _ _ _ _ _

NRC-10-98-151 su ;n n- '

cargain.ng agr= e nte sb: Tne Contra: u wr- s t b r_ i: . . es a _s ::- n . -

not include any alicwance r any contingency tc cover increu.sa costs for which adjustment is provided under tn;s clause.

(c) The wage determination, assued under the Service Contract Act of 1965, as amended, 41 U.S.t. 331, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S.

Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6 (a) (1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.

(d) The contract price or contract unit price labor rates will be adjusted to reflect the Contractor's actual increase or decro=se in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage' determination required a minimum wage rate of 54.00 per hour.

The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to S4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is S.40 per hour; (2)- An increased or decreased wage determination otherwise applied to the contract by operation of law; or (3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e) Any adjustment will be limited to increases or decreases in wages and-fringe benefits as described in paragraph (c) of this

< clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but.shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in' writing by the Contracting Officer. The Contractor shall

.promptly notify the Contracting Officer of any decrease under th is

. clause, but nothing in the clause shall preclude the Lovernment from asserting a claim w5 thin the period permitted by law. The notice shall contain a statement of the amount claimed and any relevant supporting data, including payroll records, that the contracting Page 57 of 66 i

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NRC-10-98-151 sect :m :

Officer may reasonably require. Ur- ag:eame.t ti r :_e , - .e contract price er canu act und tr.:e isca rates _ n. '+ : u_._n in writ.ng. The contract:r shall c:ntinue peric ar y cenrng agreenent on or determination of any sutb ad:us: e-- an: its effective date.

(g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly per_ nent books, documents, papers and records of the contractor unt;. the expiration of 3 years after final payment under the contract.

I.9 52.232-25 PROMPT PAYMENT (JUN 1997)

Notwithstanding'any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause.

Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions or pertinent terms are set forth in section 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a) (4 ) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments (1) Due Date. (i) Except as-indichted in subparagraph (a) (2) and paragraph (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

(JU The 30th day af ter the designated bi] ling of fice has received a proper invoice from the Contractor (except as provided in subdivision (a) (1) (ii) of this clause).

1 (B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement !

actions, acceptance shall be deemed to have occurred on the l

effective date of the contract settlement.

(ii) If the designated billing of fice f ails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice; provided a proper invoice is received and there is no~ disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Certain food products and other payments. (i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are--

(A) For meat or meat food products, as defined in section 2 (a) (3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182 (3 ) ) ,

L

, Page 58 of 66 i

I LE _ __ _ - - - - - - - - - _ - ._- -. - - -

03C '.0-98-151 F ~n__ _

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and as further defir.ed _: Fun. 1. , ;_: _t -

or :. razer pou_ti, Na, ..y per_:nac.{ ;-._:- a: :. .s flesh _ .f g J , 2 'd 3: / pel13hahlt 737 E r l .r. ' '

. , 3: 2.20^ at p.~2 .:

but not later Gnar, the 7tr day after prCduCI de.../ery IBI For fresh Or frcZer fish < aS defined 1r Secticn .??4 3 of the Fish and seafoed Promotion Act of 1966 16 U.S.. 4s .- ,

as close as possible to, nut .at late; -han, the 7tr day af:e product delivery.

(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as c) .se as possible to, but not later than, the 10th day after product ielivery, unless another date is specified in the contract.

(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)),

edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the loth day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product,

__ prevailing industry practices will be followed in specifying a

, - contract payment due date. The burden of proof that a classificati:r of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraph (a) (3) (i) through (a) (3: (viii) of this clause. If the invoice does not comply with these requirements, it shall be returned within 7 days after the date the designated billing office q . received the_ invoice (3 days for meat, meat food products, or fish; J_ f 5 days for perishable agricultural commodities, edible fats or oils, i r and food products prepared from edible fats or oils), with a

. statement of the reasons why it is not a proper invoice. Untimely notification will be taken into account in computing any interest penalty owed the contractor in the manner described in subparagraph

. (a) (5) of this clause.

(i) Name and address of the Contractor.

(ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies Page 59 of 66 I

RC 9 9 - 151 9:n.- :

de' livered or services perfcrmad .irrl_ .g order numbe: and ., -

1.ne-iter m mbat siv Description, quantity, c. i t of measure, unit price, ar-extended price of supplies delivered or services performed.

sv) Shipping and payment terms e.g., shipment number and date of shipment, prompt payment discoun- terms) Bill of lading number and weight of shipment will ce showr for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment)

(vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invo1Ce.

(viii) Any other information or documentation require by the contract (such as evidence of shipment).

(ix) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice.

(4) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a) (4 ) (i) through (a) (4) (iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late' payment interest penalty.

(i) A proper invoice was received by the designated billing office.

(ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the contractor.

(5) Computing penalty amount. The interest penalty shall be at the' rate established by the Secretary of the Treasury under section

'12 of the Contract Disputes Act of 1978 (41 U. S. C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority se.g.,

tariffs). This rate is referred to as the " Renegotiation' Board Interest P.a t e , " and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty Page 60 of 66 1

NRC-10-99-151 Secti:r :

snal'1 accrue daily or the ;nvoice prir ' pal..c V ant arunt ag t : c=a by the Govelnment unt d the payment date tf a u c '.- aper:13a g = _,t _ l amount; and will be compounded ir 30-day increments inclusive fr-- l the first day after the due date through the payment date. That is, j interest accrued at the end of any 30-day period will be added to the approved invoice. principal payment amount and will be subject to ,

interest-penalties if not paid in the succeeding 30-day period. If 1 the designated billing office failed to .otify the Contractor of a l defective invoice within the periods prescribed in subparagraph (a) (3) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest

-penalty owed the-Contractor will be based on this adjusted due date.

Adjustments will be made by the designated payment office for errors in calculating interest penalties.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivered tha supplies or performed the services in accordance with the terms and 1 conditions of the contract, unless there is a disagreement over i i

quantity, quality, or Contractor compliance with a contract provision. In the event that actual acceptance occurs within the l constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to i fulfilling their responsibilities.

(ii) The following periods of time will not bt included in the determination of an interest penalty:

(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and ;

food products prepared from edible tats or oils).

(B) The period between the defects notice and resubmission of-the corrected invoice by the contractor.

(C) For' incorrect electronic funds transfer (EFT) informat' ion, in accordance with the EFT clause of this contract.

(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than

$1 need not be paid.

('iv) Interest penalties are not required on payment delays due

.to disagreement between the Government and rhe Contractor over the payment amcunt or other issues involving contract compliance or on l' amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest Page 61 of 66 !

i l

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NRr-10-99-151 := :;-- :

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(6 Promct uv - : disco nts. Ar interest cena:tv a_so s al; be paid automatically by the designated payment oifice,' wit cut reghest i from the Contractor, if a discount fol prompt payr.ent is taken improperly. The interest penalty will be calculated as' described in subparagraph :a3 3) of.this clause cr. the anaunt of dis: cunt taken ,

i .for the perciod ceginning with tne first day sfter the end -. the )

discount period through the date when the Contractor is paid, j I

(7) Additional interest penalty. (i) a penalty amount, calculated in accordance with (a) (7) (iii) of this clause, shallbepaidinadditiontot$raragraphinterest e penalty amount if the Contractor--

l l l (A) Is owed an interest penalty of S1 or more; )

(B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a) (7) (ii) of this clause, postmarked not later than 40 days after the invoice-amount is paid, i

(ii) (A) Contractors shall suppo:c written demands for additicnal penalty payments with the following data. No additional )

data shall be required. Contractors shall--

! I (1) Specifically assert that late payment interest is due I under a specific invoice, and request payment of all overdue late I payment interest penalty and such additional penalty as may be l required; l I

l (2) Attach a copy of the invoice on which the unpaid late !

( payment interest was due; and (3) State that payment of the principal has been received, ;

including the date of receipt.

i (B) Demands must be postmarked on or before the 40th day after payment was made, except that--

(1) If the postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the designated payment office on or before ,he 40th day after payment was made; or .

(2) If the postmark is illegible or nonexistent and the

' designated payment office fails to make the required annotation, the demand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made.

(iii) (A) The additional penalty shall be equal to 100 percent of Page 62 of 66 w__--______-_____- - _ - -

L .NRC-10-98-151 Sectit: :

arty' original late paynen interest per'lty, except--

l (1) The additional penalty shall not exceed S5,000:

(2) The additional penalty shall never bo iass than S25; and (3)-No additional penalty is owed if the amount of the underlying interest penalty is less than 51.

(B) If the interest penalty ceases to accrue in accordance with the limits ctated in paragraph (a) (5) (iii) of this clause, the amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these l . limits, subject to the overall limits on the additional penalty l specified in paragraph (a) (7) (iii) (A) of this clause.

(C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each L separate payment made for each separate contract. The maximum and minimum additionai penalty shall not be based upon individual invoices unless the invoices are paid separately.'Where payments are consolidated for disbursing purposes, the maximum and minimum I

additional penalty determination shall be made separately for each contract therein.

(D) The addicional penalty does not apply to payments rsgulated by other Government regulations (e.g., payments under L

l utility contracts-eabject to tariffs and regulation).

(b) Contract fi .tancing payments-- (1) Due dates for recurring

, financing paymen'_s. If this contract provides for contract D financing, requusts for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting O'.ficer. Contract financing payments shall be made on

'the 30th day after receipt of a proper contract financing request by the designar.ed billing office. In the event that an audit or other review of-r. specific financing request is required to, ensure comoliance with the terms and conditions of the contract, the

~

designated payment office is not compelled to make payment by the

.due date specified.

(2) Due dates for other contract financing. For advance

! pap.ents, loans, or other arrangements that do not involve recurring l

submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting' officer.

(21 ' Interest penalty not applicable. Contract financing payments shall not be assessed an interest penalty for payment delays.

(c) Fast payment procedure due dates. If this contract contains the: clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.

1:

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NRC-10-99-251 Se ct ::- :

-C s.

I.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) l l Tnis Contract incorporates cne 1r mor= ;.auser by reference, w;u the same force and eifect as if cney were given in full text. L~p : n request, 'the Contracting Officer will make their full text ;

available. Also, the full text of a clause may be accessed .

electronically at this/these address (es; i

-N/A I.ll FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OVER CONTRACTOR (a) For purposes of this clause, a foreign interest is defined as any of the following:

(1) A-foreign government or foreign government agency; (2) Any form of business enterprise organized under the laws I of any country other than the United States or its possessions; l

(3). Any form of business enterprise organized or incorporated under the laws of the U.S., or a State or other jurisdiction within the U.S., which is owned, controlled, or influenced by a foreign government,. agency, firm, corporation cnr person; or (4) . Any person who is not a U.S. citizen.

(b) Foreign ownership, control, or. influence (FOCI) may be present where the degree of ownership, control, or influence over a

(

contractor by a foreign interest is such that a reasonable basis exists for concluding that the compromise or unauthorized disclosure of classified information may occur.

(c) For purposes of this claure, subcontractor means any

i. subcontractor at any tier and the term " contracting officer"'shall mean f

NRC contracting officer. When this clause is included in a subcontract, the term " contractor" shall mean subcontractor and the term " contract" shall mean subcontract.

l (d) The contractor shall immediately provide the contracting officer written notice of any changes in the extent and nature of FOCI over the contractor which would affect the answers to the questions L presented in DD Form 441S, " Certificate Pertaining to Foreign Interests." ' Further, notice of changes in ownership or control which are required to be reported to the Securities and Exchange Commission, the' Federal Trade Commission, or the Department of Justice shall also be furnished concurrently to the contracting officer.

(e)'In those cases where a contractor has changes involving FOCI, the NRC must determine whether the changes will pose an undue risk to the common defense and security. In making this determination, the-contracting officer shall consider proposals made by tne contractor to avoid or mitigate foreign influences.

Page 64 of 66

NRC-10-98-151 section

's .o 1 (f) The contractor agrees t: msert terms _ c. n 7. : n --

substantially _tc the language of this -inse i n e n. 'c . '. i s c 3 , m g tg) in all subcontracts under this contract that witi require aches ~ s t; classified information. Additionally, the contractor shal; require such subcontractors to submit completed information required on the DD Form 441 form prior to award of a subcontract. Information to be provided by a subcontractor pursuant to this clause may be submitted directly to the contracting officer.

(g) Information submitted by the contractor or any affected subcontractor as required pursuant to this clause shall be treated by~

NRC.to the extent permitted by law, as business or financial information submitted in confidence to be used solely for purposes of evaluating FOCI, (h) The requirements.of this clause are in addition to the

. requirement that a contractor obtain and retain the security clearances required by the- contract . This clause shall not operate as a limitation

.onzNRC's rights, including its rights to terminate this cont *act.

(i) The-contracting officer may terminate this contract for default either if the contractor fails to meet obligations imposed by this clause, e.g., provide the information required by this clause, comply with the contracting officer's instructions about safeguarding

-classified information, or make this clause applicable to subcontractors,' or if, in the contracting officer's judgment, the contractor creates a FOCI situation in order to avoid performance or a termination for. default. The contracting officer may terminate this contract for convenience if the' contractor becomes-subject to FOCI and for reasons other than avoidance of performance of the. contract,-

cannot, or'choos'es not to, avoid.or mitigate 1the FOCI problem.

(END OF CLAUSE) i i

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NRC-10-98-151 Section J

<a ,

PART III - LIST 0F DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS Attachment Number Title 01 Billing Instructions 02 NRC Form 187 - Security / Classification Requirements 03 Wage Determination / Collective Bargaining 04 Subcontracting Plan 05 Payment Information Form SF 3381 - ACH Vendor Payment System 06 Position Descriptions and Classifications for Uniformed Armed and Unarmed Guards 07 Locations and Types of Posts 08 Uniform Specifications 09 Custody and Maintenance of Government Property and Government Furnished and Contractor Provided Property and Equipment 10 Rules and Regulations Governing Public Buildings and Grounds 11 NRC Body Weight / Height Chart 12 Schedule of Deficient Performance 13 DD Form 441s, " Certificate Pertaining to Foreign Interests" 14 Format for Listing Officers and Directors Page 66 of 66

ML20237B847

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