ML20247H661

Contract NRC-33-98-180,awarded to Ruland Associates,Inc

ML20247H661
Person / Time
Issue date:	05/15/1998
From:	Mearse S, Ruland J NRC OFFICE OF ADMINISTRATION (ADM), RULAND ASSOCIATES, INC.
To:
References
CON-FIN-D-1387, CON-NRC-33-98-180 NUDOCS 9805210222
Download: ML20247H661 (92)

Text

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1 TM S CONTRACT l$ RATED ORDE R RA hNG ;PAGE OF F' A GE S AWARD / CONTRACT uNDER DPAS o$ CrR 3soi

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2 CONTRACT NO (Proc inet ident ) l 3 EFFECTIVE DATE 4 REQUISITION PURCHASE Rf QUEST / PROJECT NO I

NRC 33 98-180 j 05-15 1998 ___._A

!RS-IRM97195

$ ISSUED 8Y sA mSTERED p <w otne then nem $>

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U.S. Nuclear Regulatory COmiSSion Division of Contracts and Property Mgt.

Attn: T-7-1-2 Contract Management Branch Washington DC 20555 7 NAME AND ADDRESS OF CONTRACTOR (No , street. city. county. State and IIP Codel 6 DELIVERY l

auland Annociates, Inc. j _,

Route 2, Boa 967 , j fos ORIGIN I "I OTHER (See beloat H- t 7 Harper's Ferry, WV 25425 9 DISCOUNT FOR PROMPT PAYMENT Principal Investigator / Technical

Contact:

James K. Ruland, President N/A Telephone esos (304) 720 6225 10 Susuit #NvotCES EM 14 Copies unissa otherwise spec veedi CODE IFACILITY CODE TO THE ADDRESS SHOWN IN j

11. SHIP TO/ MARK FOR CODE l l 12 PAYMENT WILL SE MADE 8Y CODE ! _ _ _ _ , _

L* . S . Nuclear Regulatory Commission Division of Accounting & Finance GOV /COM Accounting Sec. - T9 E2 1 Washington, DC 20555

~it Aut'HORITY30EUENd~OTHER TAIUiUND'OPEN OldF'E TITidN 14 ACCOUNikA50 PMIOMsAf TON DAT A l810 15 32 20 15 D1387 soc:252A I. .,J to u S C 2304ccn i R 4t u S C as3icn i i 31x0200.810 ostlGATE: $314,938.00

_I S_A I_T E M_NO 158 SUP_ PLIES S.E. R_ VICES _ i.16C OUANTITY ! iSD UNIT l 16E UNIT PRICE i 16F AMOUNT . . _

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See Schedule q I

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PDR CONTR -

NRC-33-98-180 PDR iSG TOT At AMOUNT OF ComRAct > i $1.694.232.00

16. TABLE OF CONTENTS See Attached Table of Contents I EC l DESCRIPTION lPAGE(5) )) SEC i DESCRIPTION PAGEist PART I THE SCHEDULE PART tl . CONTRACT CLAUSES SOLICITA7 TON / CONTRACT FORM I CONTRACT CLAUSES  !

f 8 $UPPt6ES OR SERVICES AND PRICES / COSTS PART las LIST OF DOCUMENTS. ExHISITS AND OTHER ATTACH C DESCRIPTION' SPECS / WORK STATEMENT I lJ f LIST OF ATTACHMENTS D PACK AGING AND MARKING PART IV . RE PRESENT ATIONS AND INSTRUCTIONS

~ . ,

E INSPECTION AND ACCEPTANCE REPRESENTATIONS. CERTIFICATIONS AND

! OTHER STATEMENTS OF OFFERORS

_F DELIVERIES OR PERFORMANCE t CONTRACT ADMINISTRATION DATA L INSTRS . CONOS , AND NOTICES TO OFFER

_ _ _G __

H l SPf CIAL CONTtiACT RFOUIRE MENTS IM EVALUATION FACTORS FOR AW ARD I CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPUCABLE 17 f CONTRACTOR'S NEGOTIATED AGREEMENT IContractor is required to sgn tNs 18 AWARD (Contractor is not required to sgn this document) Your otter on document and return .3 copies to esaume office i Sohcitation Number , mcludmg the Contractor agrees to turrveh and dehves oilitems or perform all the services set forth or otherwehe oddstions or Changes made by you WNCh additions or Changes are set forth in tuli ebove. is hereby identified above end on on, contmuaison sheets for the consideration stated herem The aghts screoted as to the tems toted above and on say continuation sheets TNs award consummates and obhgetions of the pirties to this contract shall be sublect to end govemed by the followmg the contract wNch consists of the followmg documents tal the Govemment a schcitation ente documents tai this anordicontract. Ibn the schCitation, it any, and (Cl such proviDons. Your offer, and (b) this emord/ Contract feo further contractual document is necessary '

representations. certifications end specifications. as are etteched or mcorporated by reference

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herein (Atischments are hated herein I /

19A NAME AND TITLE OF SIGNE R (Yvpe or parit) 20A NAME OF CONTRACTING OFFICER James K. Ruland, President Sharon r A

. MearSe h~E 198 NAME O CON' OR 19C ' SIG E 200 UNW hTATES OF AMEph-' 20C D E $1GP D BY .. .

W ts...r #re o, .reurm,,mri,.i, ,o m, l l & #8 b $d.AV_ _'

s ,es e o, C,m,r.<,.ri, O. it eri o (l 6 STANDARD FORM 26 RE V le 856

TABLE OF CONTENTS PAGE PART Z - THE SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION A - SOLICITATION / CONTRACT FORM . . . . . . . . . . . . . . . . . 1 SF 26 AWARD / CONTRACT Page 1 of Pages . . . . . . . . . 1 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS . . . . . . . . . . . . 4 B.1 PROJECT TITLE . . . . . . . . . . . . . . . . . . . . . . . . . 4 B.2 BRIEF DESCRIPTION OF WORK DUUR 1987 ) . . . . . . . . . . . . . . 4 B.3 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE . . . . . . . 4 (JUN 1988) ALTERNATE I (JUN 1991)

SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK . . . . . . . . 6

[For this Contract, there are NO clauses in this Section] . . . . . . 6 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . 7 D.1 PACKAGING AND MARKING (WUt 1987 ) . . . . . . . . . . . . . . . . 7 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . 8 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . 8 ,

E.2 PLACE OF INSPECTION AND ACCEPTANCE 0001 1987) . . . . . . . . . 8 l l

SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . 9 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . 9 F.2 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) . . . . . 9 ,

F.3 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS . . . . . 10 )

(DPVs)

F.4 DURATION OF CONTRACT PERIOD (MAR 1987). . . . . . . . . . . . . 11 l ALTERNATE 2 00U1 1987) l F.5 REPORTS AND DOCUMENTATION. . . . . . . . . . . . . . . . . . . . 11 ,

1 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . 13 G.1 2052.215-71 PROJECT OFFICER AUTHORITY. . . . . . . . . . . . . 13  ;

G.2 2052.216-71 INDIRECT COST RATES. . . . . . . . . . . . . . . . 15 l G.3 ELECTRONIC PAYMENT. . . . . . . . . . . . . . . . . . . . . . 15 16 G.4 LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . .

SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . 17 H.1 2052.204-71 SITE ACCESS BADGE REQUIREMENT. . . . . . . . . . . 17 i H.2 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS. . . . . . . . 17 OF INTEREST  ;

21 H.3 2052.215-70 KEY PERSONNEL. . . . . . . . . . . . . . . . . . .

22 H.4 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS. . . . . . .

(NOV 1989) 22 H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED . . . .

(JUN 1988) 22 H.6 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY. . . . . . . .

SERVICES (FEB 1995) 25 H.7 FIPS PUBS AND STANDARDS COMPLIANCE (MAR 1987) . . . . . . . . . 25 H8 SEAT BELTS. . . . . . . . . . . . . . . . . . . . . . . . . . .

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! PART II l.

- CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . .

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'SECTION I -

CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . .

26 Z.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . .

TABLE OF CONTENTS PAGE I.2 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA. . . . . . . . 28 ,

OR INFORMATION OTHER THAN COST OR PRICING DATA--

MODIFICATIONS (OCT 1997)

I.3 52.216-21 REQUIREMENTS (OCT 1995) . . . . . . . . . . . . . . 29 I.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT . . . . . . 30 (MAR 1989)

I.5 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) . . . . . . 30 I.6 52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED . . . . . . 31 (MAY 1989)

I.7 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL. . . . . . 39 HIRES (MAY 1989)

I.8 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . . 39 I.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . 45 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . . . . 46 l

46 SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . .

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I L__________________________________________ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . . _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

NRC-33-98-180 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.1 PROJECT TITLE The title of this project is as follows:

Operation of NRC Data Centers B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)

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

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

BASE PERIOD (Years 1 through 3)

(a) The total estimated cost to the Government for full ,

performance or this contract is $1,694,232.00, of which the sum of )

represents the estimated $1,598,332.00 reimbursable costs, and of which $95,900.00 represents the fixed fee.

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

(c) The amount currently obligated by the Government with respect to this contract is $314,938.00, of which the sum of $297,111.32 represents the estimated reimbursable costs, and of which $17,826.68 represents the fixed fee.

(d) It is estimated that the amount currently allotted will cover performance through November 16, 1998.

OPTION YEAR ONE (Year 4)

(a) The total estimated cost to the Government for full performance of this contract is $566,094.00, of which the sum of

$534,051.00 represents the estimated reimbursable costs, and of which $32,043.00 represents the fixed fee.

OPTION YEAR TWO (Year 5) i Page 4 of 46 l l

NRC-33-98-180 Section B (a) The total estimated cost to the Government for full performance of this contract is $581,623.00, of which the sum of

$548,701.00 represents the estimated reimbursable costs, and of which $32,922.00 represents the fixed fee.

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NRC-33-98-180 Section C SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

[For this Contract, there are NO clauses in this Section)

SEE ATTADf0ff M). Of lNIR SELTI(N J.

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NRC-33-98-180 Section D 1

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 common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of 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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NRC-33-98-180 Section E SECTION E - INSPECTION AND ACCEPTANCE l

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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 (JUN 1988)" in Section I of this contract.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.246-5 INSPECTION OF APR 1984 SERVICES--COST-REIMBURSEMENT 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.

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NRC-33-98-180 Section F SECTION F - DELIVERIES OR PERFORMANCE l

l F.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 CL"TSES INCORPORATED BY REFERENCE (JUN 1988)" in Section I of this contract.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (4 8 CFR Chapter 1)'

52.242-15 STOP-WC1K ORDER AUG 1989 l

ALTERNATE I (APR 1984)

F.2 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995)

The contractor shall provide a monthly Financial Status Report to the project i officer and the contracting officer. Also, whenever the report references the acquisition of, or changes in status of, property valued at the time of purchase at $50,000 or more, send a copy of the report to the Chief, Property Management 3 ranch, Division of Facilities and Property Management, Office of l Administration. The report is due within 15 calendar days after the end of the i

' report period and shall identify the title of the project, the contract number, job code, project manager and/or principal investigator, the contract, period of

' performance, and the period covered by the report. Each report must include the following for each discrete task:

(a) Total estimated contract amount.

(b) Total funds obligated to date.

(c) Total costs incurred this reporting period.

l (d) Total costs incurred to date.

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

l (f) Balance of obligations remaining.

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

(h) Contractor Spending Plan (CSP) status:

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

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7 NRC-33-98-180 Section F (2) Indicate if there has been a significant change in the original CSP j

( projection in either dollars or percentage of completion. Identify the change, I the reasons for the change, whether there is any projected overrun, and when additional funds would be required. If there have been no changes to the  ;

, original NRC- approved CSP projections, a written statement to that effect 's  !

l sufficient in lieu of submitting a detailed response to item h.

(3) A revised CSP is required with the Financial Status Report whenever the  ;

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

(1) Property status:

(1) List property acquired for the project during the month with an acquisition cost of $500 or more and less than $50,000. Give the item number for the specific piece of equipment. j (2) List property acquired for the project during the month with an acquisition cost of $50,000 or more. Provide the following information for each line item of property: item description or nomenclature, manufacturer, model number, serial number, acquisition cost, and receipt date. If no property was acquired during the month, include a statement to that effect. Note: The same peripheral equipment which is part of a " system or system unit." i (3) For multi-year projects, in the September monthly financial status report provide a cumulative listing of property with an acquisition cost of

$50,000 or more ($5,000 or more if purchased prior to October 1, 1995) showing the above information.

(4) In the final monthly status report provide a close-out property report containing the same elements described above for the monthly financial status reports, for all property purchased with NRC funds regardless of value unless title has been vested in the contractor. If no property was acquired under the contract, provide a statement to that effect. The report should note any property requiring special handling for security, health, safety, or other  ;

reasons as a part of the report.  ;

(j) Travel status:

List the starting and end dates for each trip, the starting point and  ;

destination, and the traveler (s) for each trip.

If the data in this report indicates a need for additional funding beyond that l already obligated, this information may only be used as support to the official j i request for funding required in accordance with the Limitation of Cost (LOC) i Clause (FAR 52.232-20) or the Limitation of Funds (LOF) Clause FAR 52.232-22.

l F.3 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS (DPVs)

The Nuclear Regulation Commission's (NRC) policy is to support the contractor's expression of professional health and safety related concerns associated with the contractor's work for NRC that (1) may differ from a Page 10 of 46 i

NRC-33-98-180 Section F

. prevailing NRC staff view, (2) disagree with an NRC decision or policy position, or (3) take issue with proposed or established agency practices. An occasion may arise when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious expression of a competent judgement is required to document such concerns on matters directly associated with its l performance of the contract. The procedure that will be used provides for the

! expression and resolution of differing professional views (DPVs) of health and I

safety related concerns associated with the mission of the agency by NRC contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of the contract, may be found in Section J of the solicitation. The contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees. NOTE:

The prime contractor or subcontractor shall submit all DPV's received by need not endorse them.

F.4 DURATION OF CONTRACT PERIOD (MAR 1987)

ALTERNATE 2 (MAR 1987)

This contract shall commence on May 16, 1998 and will expire on May 15, 2001.

The term of this contract may be extended at the option of the Government for an additional two 1-year periods.

F.5 REPORTS AND DOCUMENTATION 1

The Contractor shall deliver the following plans, reports and documentation to the NRC Project Officer in accordance with the schedule set forth below:

1. Project Management Plan. This plan shall include procedures to provide staffing and project management in the event of vacation, sick leave, resignation and emergencies. The plan shall also include training procedures to ensure that contractor personnel become experts in all operational functions and knowledgeable of updates to the NRC hardware and software. The schedule for all of the required cleanings shall be included in the plan. Two hard copies of this plan shall be submitted to the NRC Project Officer five working days after contract award.

2. Daily NUDOCS Log Sheets. The nightly NUDOCS processing log sheet shall be provided on a daily basis to the NRC Task Manager responsible for the NUDOCS application.

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3. Weekly Status Report. This report shall detail weekly supply or inventory replenishment requirements. It shall also include a copy of the daily review logs detailing system and environmental failures or problems and their resolutions. One copy of this report shall be electronically submitted to the NRC Project Officer by Monday, close of business of the next week (the next work day if Monday is a Holiday).

4. Monthly Status Report. This report shall summarize the problems that occurred in the previous month, the percentage of system availability, detail latent supply and inventory problems and list the changes made to the facility. l Three hard copies of this report shall be submitted to the NRC Project Officer I by the Fifth working day of the new month.

5. Monthly Work Schedules Report. This report shall provide detailed staffing information for the next month. At a minimum, it will include the time of each shift, who will be on duty during the shift, the planned lunch breaks, changes Page 11 of 46

NRC-33-98-180 Section F due to planned leave by the operators, and the name of the ERDS on-call operator. One copy of this report shall be electronically delivered to the NRC Project Officer 10 days prior to the start of the next month.

6. Computer Operations Documentation. This document shall show the proposed chances to the operations of the computer facility. This document shall be provided to the NRC Project Officer in a format compatible to Wordperfect 6.1.

A hard copy of this document shall be reviewed by all operators and a log sheet

, shall be signed by each operator that they have read and understand the changes l in the documentation.

i l 7. Configuration Documentation. THis document shall include information about the NRC's data center, such as operations documentation, drawings of the data center, equipment location, equipment electrical, plug and weight requirements,

! supply levels and reorder points, changes planned for the equipment and system software. This documentation shall be maintained as a baseline of the facility.

At a minimum, the contractor shall reconcile the changes to the facility and create a new baseline twice a year. This document shall be maintained on the NRC's LAN using Wordperfect version 6.1, Whenever a new baseline is created, ione copy shall be maintained in the TWFN documentation room and a second copy

'shall be provided to the NRC Project Officer.

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NRC-33-98-180 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 2052.215-71 PROJECT OFFICER AUTHORITY (a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:

Name: David Barrow Address: U.S. Nuclear Regulatory Commission Infrastructure Operations Branch .

Mail Stop: T5E30  !

Washington, DC 20555 Telephone Number: (301) 415-5846 ALTERNATE PROJECT OFFICER:

Name: Judy Seeherman Address: U.S. Nuclear Regulatory Commission Infrastructure Operations Branch (

Mail Stop: T5E30 i Washington, DC 20555 Telephone Number: (301) 415-5854 (b) Performance of the work under this contract is subject to the technical direction of the NRC project officer. The term technical direction is defined to include the following:

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

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

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

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

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

Page 13 of 46 u__________-.------___________-.___ _ _ _ - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - . - - - - - - - - - - - - - - - - - - - - . - - - - - - - _ _ _ . - - - _ _ _ . - _ _ _ _ _ - . _ _ _ . _

NRC-33-98-180 Section G-(2) Constitutes a change as defined in the " Changes" clause of this contract.

1 (3) In any way cause an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.

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

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

(d) All technical directions must.be issued in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer.

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

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

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

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

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

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

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

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l NRC-33-98-180 Section G l

j (3) Review all costs requested for reimbursement by the contractor l and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract. i G.2 2052.216-71 INDIRECT COST RATES (a) Pending the establishment of final indirect rates which must be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs as follows:

Category Rate Applicable Period Overhead 50.40% Award date through Contract Expiration G&A 10.00% Award date through Contract Expiration (b) The contracting officer may adjust the above rates as during the term of the contract upon acceptance of any revisions proposed by the contractor. It is the contractor's responsibility to notify the contracting officer in accordance with FAR 52.232-20, Limitation of Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if these changes affect performance of work within the established cost or funding limitations.

G.3 ELECTRONIC PAYMENT The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax ref unds be made by Electronic l'unds 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 3861, entitled "ACH l Vendor / 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.

To ensure that adequate payment information will be available to the contractor, the contractor should inform the financial institution that the addendum record must not be stripped from the payment.

Further information concerning the addendum is provided at Attachment 05 The ACl! Coordinator should fill out the " Financial Page 15 of 46

GRC-is-re .sa ==... =

Institution Information" portion of the form and .eturn it to the Office of the Controller at the following address: Nuclear Regulatory Commission, Division of Accounting and Finance, Financial Operations Section, Mail Stop T-9-H-4, Washington, DC 20555, ATTN:

ACH/ Vendor Express. It is the responsibility of the contractor to ensure that the 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 LIQUIDATED DAMAGES A. If the Contractor fails to strictly adhere to his NRC-approved shift schedule for coverage during normal hours of system operation and for on-call support which causes the NRC to not be able to perform the mission of the agency, the Contractor's invoices shall be reduced by the amount,of $131.00 per hour. This rate reflects the FY 98 standard charge for professional services as published in the Code of Federal Regulations, Volume 10, Parts 51 to 199, revised as of January 1, 1998.

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

C. Nothing in this contract shall be construed to abrogate the performance requirements of this contract or to delay in performing any duties or responsibilities under this contract. Failure to furnish personnel and services in accordance with the Statement of Work is a default and subjects the Contractor to the Termination provision of this contract (contract clause 52.249-6 Termination - Cost Reimbursement, May 1986). All remedies stated in this contract are cumulative.

D. The Contractor's invoices shall not be reduced when delays in performance

< arise out of causes beyond the control and without the fault or negligence of the Contractor as defined in the Termination clause cited above.

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NRC-33-98-180 Section H l

l SECTION H - SPECIAL CONTRACT REQUIREMENTS l

H.1 2052.204-71 SITE ACCESS BADGE REQUIREMENT During the life of this contract, the rights of ingress and egress for contractor personnel must be made available as required. In this regard, all contractor personnel whose duties under this contract require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the Government. The Project Officer shall assist the contractor in obtaining the badges for the contractor personnel. It is the sole responsibility of the contractor to ensure that each employee has proper identification at all times. All prescribed identification must be immediately delivered to the Security Office for cancellation or disposition upon the termination of employment of any contractor personnel.

Contractor personnel must have this identification in their possession during on-site performance under this contract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessary for performance of contract work, and to assure the safeguarding of any Government records or data that contractor personnel may come into contact with. l 1

H.2 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:

I (1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

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! (b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570- 2 in the activities covered by this clause.

l l (c) Work for others.

(1) Notwithstanding any other provision of this contract, during the term of this contract the contractor agrees to forgo entering into I consulting or other contractual arrangements with any firm or l organization, the result of which may give rise to a conflict of interest with respect to the work being performed under chis contract. The contracter shall ensure that all employees under this Page 17 of 46 l

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i NRC-33-98-180 Section H contract abide by the provision of this clause. If the contractor has reason to believe with respect to itself or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.

1 (2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or l

review where the activities that are the subject of the audit, inspection or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate), except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior i work for the utility or other entity which NRC questions. I l

(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time i at the site (if not a task order contract).

(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, i (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.

(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.

l (iii) Notwithstanding the foregoing, the contracting officer may i authorize the contractor to solicit or perform this type of work l (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.

l (d) Disclosure after award.

(1) The contractor warrants that to the best of its knqwledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest as defined in 48 l CFR 2009.570-2.

! 12) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Page 18 of 46

I 1 NRC-33-98-180 Section H government.

(3) It is recognized that the scope of work of a task-order- type l contract necessarily encompasses a broad spectrum of activities.

Consequently, if this is a task-order-type contract, the contractor

agrees that it will disclose all proposed new work involving NRC l licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission i of a bid or proposal to the utility or other regulated entity and i must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer.

The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other l regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical l area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c) (2) , (c) (3) or (c) (4) of this section.

(e) Access to and use of information.

1 1 (1) If in the performance of this contract, the contractor obtains

! access to information, such as NRC plans, policies, reports, l studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of i Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:

(i) Use this information for any private purpose until the information has been released to the public; l (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever l is first; 1

(iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or f (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.

(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. section 552a (1988)), or the Freedom of Information Act (5 U.S.C. section 552 (1986)), or other confidential or privileged technical, business, or financial Page 19 of 46

(

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NRC-33-98-180 Section H i information under this contract, the. contractor shall treat the information in accordance with restrictions placed on use of the information.

(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all I requirements of this contract have been met.

l (f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the i Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.  ;

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

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services. l (1) If the contractor, under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the  ;

restrictions in this paragraph do not apply.

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

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NRC-33-98-180 Section H H.3 2052.215-70 KEY PERSONNEL 1

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

James Dale Shaw Project Manager - All Projets Faithlyn Johnson Senior Lead Computer Operator - All RVjEts Bobby Booker Lead Computer Operator - NUDOCS Edward Bennett Lead Computer Operator - Payroll / Personnel Angela Powell Lead Computer Operator - ERDS/ADACS The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.

(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to  ;

i evaluate the proposed substitution. The contracting officer or his/her authorized representative shall evaluate the request and promptly notify the contractor of his or her approval or disapproval in writing.

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not ,

I

reasonably forthcoming, or that the resultant reduction of l 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 l 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 j damage.

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NRC-33-98-180 Section H l

I H.4 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 l Section J for List of Attachments). {

H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)

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

l H.6 SECURITY REQUIREMENTS FOR INFOR.vATION TECHNOLOGY SERVICES (FEB 1995)

The proposer / contractor must identify all individuals and propose the level of Information Technology (IT) approval for each, using the following guidance. The NRC sponsoring office shall make the l final determination of the level, if any, of IT approval required l l for all individuals working under this contract.

l l The Government shall have and exercise full and complete control over granting, denying, withholding, or terminating building access  !

l approvals for individuals performing work under this contract.

CONTRACTOR SECURITY REQUIREMENTS FOR LEVEL I Performance under this contract will involve prime contractor l l personnel, subcontractors or others who perform services requiring direct access to or operate agency sensitive automated information systems (IT Level I).

. The IT Level I involves responsibility for the planning direction, i l and implementation of a computer security program; ma3or l responsibility for the direction, planning, and design of a computer system, including the hardware and software; or the capability to access a computer system during its operation or maintenance in such j a way That could cause or That has a relatively high risk of causing l grave damage; or the capability to realize a significant persona?

l gain from computer access. Such contractor personnel shall be l subject to the NRC contractor personnel security requirements of NRC Management Directive (MD) 12.3, Part I, which is hereby incorporated by reference and made a part of this contract as though fully set forth herein, and will require a Limited background Investigation (LBI).

A contractor employee shall not have access to NRC sensitive systems and data until he/she is approved by DFS for temporary and final access in accordance with the procedures found in NRC Page 22 of 46

NRC-33-98-180 Section H Management Directive 12.3, Part 1.

The contractor shall submit through the Project Officer to the NRC

, Division of Facilities and Security (DFS) within fifteen (15)

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

Exhibit 11.

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

CONTRACTOR SECURITY REQUIREMENTS FOR LEVEL II Performance under this contract will involve contractor personnel remotely develop and/or analyze sensitive automated information systems and data or otherwise have access to such systems and data (IT Level II). The IT Level II involves responsibility for the planning, design, operation, or maintenance of a computer system by an individual whose work is normally technically reviewed by an IT I sensitivity employee to ensure the integrity of the system; other positions involving a degree of access to a system that creates a significant potential for damage or personal gain but less than that of IT Level I positions; and all other computer or IT positions.

Such contractor personnel shall be subject to the NRC contractor l personnel requirements of Management Directive (MD) 12.3, Part I, which is hereby incorporated by reference and made a part of this contract as though fully set forth herein, and will require a i National Agency Check with Inquiries and Credit Investigation l (NACIC).

l A contractor employee shall not have access to NRC sensitive systems and data until he/she is approved by DFS for temporary and final access in accordance with the procedures found in NRC Page 23 of 46

NRC-33-98-180 Section H Management Directive 12.3, Part 1.

I The contractor shall submit through the Project Officer to the NRC l

Division of Facilities and Security (DFS) within fifteen (15) calendar days following award of contract, execution of a modification, or proposal of new personnel for work to be performed

. under the contract, a completed Personnel Security Forms packet  !

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

Exhibit 11.

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

CANCELLATION OR TERMINATION OF IT ACCESS / REQUEST When a request for investigation is to be withdrawn or canceled, the contractor shall immediately notify the Project Officer by telephone in order that he/she will contact the NRC Division of Facilities and Security (DFS) so that the investigation may be  !

promptly discontinued. The notification shall contain the full name of the individual, and the date of the request. Telephone notifications must be promptly confirmed in writing to the Project i

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

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NRC-33-98-180 section a H.7 FIPS PUBS AND STANDARDS COMPLIANCE (MAR 1987) l In no case shall the Contractor or any subcontractor take any action or use any replacement parts that would result in equipment that is not in compliance with applicable FIPS PUBS and Standards l (See Section J for List of Attachments) without written approval of the Contracting Officer.

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H.8 SEAT BELTS Contractors, subcontractors, and grantees, are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

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NRC-33-98-180 Section I PART II - CONTRACT CLAUSES SECTION I -

CONTRACT CLAUSES l

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 (JUN 1988 ) " in Section I of this contract.

MUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.202-1 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 l THE GOVERNMENT l 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997 CERTAIN FEDERAL TRANSACTIONS  !

52.204-4 PRINTING / COPYING DOUBLE-SIDED ON JUN 1996 RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTOR'S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION AUG 1996 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997 FORMAT 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR OCT 1997 PRICING DATA 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR OCT 1997 PRICING DATA--MODIFICATIONS 52.215-12 SUBCONTRACTOR COST OR PRICING DATA OCT 1997 52.215-13 SUBCONTRACTOR COST OR PRICING OCT 1997 DATA--MODIFICATIONS 52.215-14 INTEGRITY OF UNIT PRICES OCT 1997 52.215-15 TERMINATION OF DEFINED BENEFIT PENSION OCT 1997 PLANS 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR OCT 1997 POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997 52.216-7 ALLOWABLE COST AND PAYMENT FEB 1998 52.216-8 FIXED-FEE MAR 1997 i Page 26 of 46

I NRC - 3 3 - 9 8 - 18 0 Section I l

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996 52.219-8 UTILIZATION OF SMALL, SMALL JUN 1997 DISADVANTAGED BUSINESS AND WOMEN-OWNED SMALL BUSINESS CONCERNS  !

52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996 )

l 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997 l DISPUTES 52.222-3 CONVICT LABOR AUG 1996 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF APR 1984 SUBCONTRACTS 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED APR 1984 WORKERS 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED JAN 1988 VETERANS AND VETERANS OF THE VIETNAM ERA 52.223-2 CLEAN AIR AND WATER APR 1984 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW MAR 1997 52.223-6 DRUG-FREE WORKPLACE JAN 1997 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN OCT 1996 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 52.227-2 NOTICE AND ASSISTANCE CONCERNING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996 52.232-17 INTEREST JUN 1996 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC AUG 1996 FUNDS TRANSFER PAYMENT 52.233-1 DISPUTES MAR 1994 i ALTERNATE I (DEC 1991) l 52.233-3 PROTEST AFTER AWARD AUG 1996 ALTERNATE I (JUN 1985) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, APR 1984 EQUIPMENT, AND VEGETATION )

52.237-3 CONTINUITY OF SERVICES JAN 1991 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995 1 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997 l

. 52.242-13 BANKRUPTCY JUL 1995 l

52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987

! ALTERNATE I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT AND OCT 1997 LETTER CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 i 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCT 1995 COMMERCIAL COMPONENTS 52.246-23 LIMITATION OF LIABILITY FEB 1997 52.248-1 VALUE ENGINEERING MAR 1989 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 Page 27 of 46 i

NRC-33-98-180 Section I I.2 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--

MODIFICATIONS (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the )

agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable-- l (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or ]

similar actions of a governmental body, attach a copy of the controlling i document, unless it was previously submitted to the contracting office. I (ii) Information on modifications of contracts or subcontracts for commercial items. (A) If--

(1) The original contract or subcontract was granted an exception from cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and (2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of'an item other than a commercial item.

(B) For a commercial item exception, the Contractor shall provide, at a

' minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the i price of the modification. Such information may include--

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or l reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

I (2) For market-priced items, the source and date or period of the market cuotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

Page 28 of 46 i

f L - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - _ -

NRC-33-98-180 Section I l (4) The Contractor grants the Contracting Officer or an authorized I

representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced I using catalog or market prices, or law or regulation, access does not extend to I cost or profit information or other data relevant solely to the Contractor's l determination of the prices to be offered in the catalog or marketplace.

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(b) Requirements for cost or pricing data. If the Contractor is not granted an exception from the requirement to submit cost or pricing data, the following applies:

l (J) The Contractor shall submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

(2) As soon as practicable after agreement on price, out before award (except for unpriced actions), the Contractor shall submit a certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

I.3 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as

" estimated" or " maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

Page 29 of 46

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NRC-33-98-180 Section I (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract's expiration..

I.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)

(a) The Government may extend the term of this contract by written i notice to the Contractor within 90 days provided, that the Government shall give the contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

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

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

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

I.5 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

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

(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or l accounting; (3) To perform tests, industrial processes, laboratory l procedures, loading or unloading of transportation conveyances, and l operations in flight or afloat that are continuous in nature and l cannot reasonably be interrupted or completed otherwise; or (4) That will result in lower overall costs to the Government.

Page 30 of 46 I

f NRC-33-98-180 Section I (b) Any request for estimatea overtime premiums that exceeds the l amount specified above shall include all estimated overtime for l contract completion and shall--

(1) Identify the work unit; e.g., department or section in which

! the requested overtime will be used, together with present workload, l staffing, and other data of the affected unit sufficient to permit the contracting Officer to evaluate the necessity for the overtime; (2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule; (3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and (4) Provide reasons why the required work c&nnot be performed by using multishift operations or by employing additional personnel.

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

(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."

" Service employee," as used in this clause, means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons .

l regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in Subpart C of 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.

Page 31 of 46

NRC-33-98-180 Section I (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 contract (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 this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate, to the Contracting Officer 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 l 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. i l

(iii) The final determination of the conformance action by <

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.

(iv) ( A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination I depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way I 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 j pay relationship should be maintained between job classifications based on the skill required and the duties performed.

l (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 l

l Page 32 of 46 l

l

, NRC-33-98-180 Section I l

l paragraph (c) of this clause, a new conformed wage rate and fringe l benefits may be assigned to the conformed classification by indexing l (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or l 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 determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior 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 Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this subparagraph (c) (2) of this clause shall be paid to all employees performing in the classification from the first day on I 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 i

commenced contract work shall be a violation of the Act and this contract. (vi) Upon discovery of failure to comply with l subparagraph (c) (2) of this clause, the Wage and Hour Division shall i make a final determination of conformed classification, wage rate, l 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 l required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

1 (d) Obligation to Furnish Fringe Benefits. The Contractor or l subcontractor may discharge the obligation to furnish fringe i benefits specified in the attachment or determined under 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 Part 4.

(e) Minimum Wage. In the absence of a minimum wage attachment 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) 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 Page 33 of 46

( NRC-33-98-180 Section I 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 fringe benefits provided for in such collective bargaining 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 benefits provided for under such agreement. No Contractor or 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 substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, 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. Where it is 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, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such ,

determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp.

Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to Employees. The Contractor and any J subcontractor under this contract shall notify each service employee l l

I commencing work on this contract of the minimum monetary wage and )

l any fringe benefits required to be paid pursuant to this contract, i or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite.

Failure to comply with this requirement is a violation of section 2 (a) (4) of the Act and of this contract.

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l NRC-33-98-180 Section I l

l (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 i

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 the 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 record of the following:

(i) For each employee subject to the Act -

(A) Name and address and social 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 fringe 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 classes 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 paragraph (c) of this clause. A copy of the report required by subdivision (c) (2) (ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

l (2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized

! representatives of the Wage and Hour Division.

(3) Failure to 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 l funds until the violation ceases.

l (4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at Page 35 of 46

NRC-33-98-180 Section I the worksite during normal working hours.

(j) Pay Periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and 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 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 sumc as the Contracting Officer decides may be necessary to ray underpaid employees employed by the Contractor or subcont_ actor. 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 7.ct, 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.

I (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 any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining 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. j (n) Seniority List. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service ]

employees 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 incumbent  ;

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NRC-33-98-180 Section I Prime Contractor shall furnish the Contracting Of.icer a certified list of the names of all service employees on the Contractor's or l subcontractor's payroll during the last month of contract l performance. Such list shall also contain anniversary dates of employment on the contract either w th the current or predecessor Contractors of each such service empl,yee. The Contracting Officer shall turn over such list to the succeosor Contractor at the commencement of the succeeding contract.

(o) Rulings 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 Cvvernment contracts by virtue of the l sanctions imposed under sectica 5 of the Act.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government 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, ar.d Exemptions Involving Employment .

Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4 (b) of the Act prior to ite amendment by Pub. L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business.

(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2 (a) (1) or 2 (b) (1) of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2 (a) (2) of the Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).

(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, Page 37 of 46

NRC-33-98-180 Section I 524, and 525).

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

(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are i 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 with the Bureau i of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not 1 I

registered as an apprentice in an approved prograni 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 shall 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 journeyman's rate contained in the applicable wage determination. I 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 regularly receives more than $30 a month in 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 hour beginning January 1, 1981. To use this provision -

(1) The employer must inform tipped employees about this tip j credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); -

(3) The employer must be able to show by records that the employee receives at least the applicable Service contract Act minimum wage through the combination of direct wages and tip credit; 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 j Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for l

resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the Page 38 of 46 .

NRC-33-98-180 Section I 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 Project Manager $32.00 Senior Lead Computer Operator $21.25 Lead Computer Operators $17.35 Computer Operator $15.05 Computer Operator / Tape Librarian $12.75 I.8 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 of 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 indicated 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:

(A) The 30th day after the designated billing office has received a proper invoice from the Contractor (except as provided in subdivision (a) (1) (ii) of this clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed by the contractor. On a final Page 39 of 46

NRC-33-98-180 Section I invoice wh -e the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.

(ii) If the designated billing office fails 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. 18 2 (3 ) ) ,

and as further defined in Pub. L.98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.

i (B) For fresh or frozen fish, as defined in section 204 (3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)),

as close as possible to, but not later than, the 7th day after 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. 4 99a (4 ) ) , as close as possible to, but not later than, the loth day after product delivery, 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. 4 502 (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 classification 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.

l (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 Page 40 of 46

NRC-33-98-180 Section I 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 received the invoice (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, 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 delivered or services performed (including order number and contract line item number) .

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms) Bill of lading number and weight of shipment will be shown 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 invoice.

(viii) Any other information or documentation required 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.

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NRC-33-98-180 Section I (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 (e.g.,

tariffs). This rate is referred to as the " Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, 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 the designated billing office failed to notify the Contractor of a 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 the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. In the event that actual acceptance occurs within the 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 fulfilling their responsibilities.

(ii) The following periods of time will not be 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 (1 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and Page 42 of 46

NRC-33-98-180 Section I food products prepared from edible fats 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) information, 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 l to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause l at 52.233-1, Disputes.

(6) Prompt payment discounts. An interest penalty also shall be l paid automatically by the. designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraph (a) (5) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.

(7) Additional interest penalty. (i) a penalty amount, calculated in accordance with paragraph (a) (7) (iii) of this clause, shall be paid in addition to the interest penalty amount if the Contractor--

(A) Is owed an interest penalty of $1 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.

(ii) ( A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be required. Contractors shall--

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and I

l Page 43 of 46

NRC-33-98-180 Section I (3) State that payment of the principal has been received, including the date of receipt.

l l ('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 the 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 any original late payment interest penalty, except--

(1) The additional penalty shall not exceed $5,000; (2) The additional penalty shall never be less than $25; and (3) No additional penalty is owed if the amount of the underlying interest panalty is less than $1.

(B) If the interest penalty ceases to accrue in accordance with the limits stated 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 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 separate payment made for each separate contract. The maximum and minimum additional 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 additional penalty determination shall be made separately for each contract therein.

(D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation).

(b). Contract financing payments-- (1) Due dates for recurring financing payments. If this contract provides for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the 30th day day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the i Page 44 of 46

NRC-33-98-180 Section I designated payment office is not compelled to make payment by the

-due date specified.

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

payments, loans, or other-arrangements that do not involve recurring i submissions of contract financing requests, payment shall be made in i accordance with the corresponding contract terms or as directed by  ;

the Contracting Officer.

l (3) Interest penalty not applicable. Contract financing payments l 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.

I.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) i This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed 1

electronically at this/these address (es) :

Not applicable.

I l-I' Page 45 of 46 L -------__________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _

NRC-33-98-180 Section J PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS ATTACHMENTS (MAR 1987)

Attachment Number Title 01 Statement of Work 02 Billing Instructions - Cost Plus Fixed Fee 03 NRC Form 187 - Security / Classification Requirements 04 Wage Determination 05 Payment Information Form ACH Vendor Payment Syste'm 06 NRC Contractor Organizational Conflicts of Interest I

i Page 46 of 46

hod /bMMf' h0. b/

1 STATEMENT OF WORK 1.1 Purpose The Contractor shall provide the necessary personnel, supervision, and resources to support the U.S. Nuclear Regulatory Commission's Data Centers operations.

1.2 Background

1.2.1 Definition / Acronyms 24 by 7 - 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day,7 days per week AD - Advanced Design ARMS - Automated Records Management System Availability - The time the data center shall be available to users CBT - Computer Based Training CM - Configuration Management COTR - Contracting Officer Technical Representative Coverage - The time the Contractor shall be onsite covering the data center NDCOM - NRC's Data Center Operation Manual ERDS - Emergency Response Data System IOB - Infrastructure Operations Branch NRC - U.S. Nuclear Regulatory Commission Nudocs - Nuclear Document search and retrieval application OEM - Original Equipment Manufacturer Operation - The time the data center shall be up and available for use OWFN - One White Flint North Project Manager - Contractors on-site project manager Project Officer - Government's contract monitor and technical adviser Task Manager - Government's technical adviser on a special application TWFN - Two White Flint North 1.2.2 Data Center Description The NRC operates three Data Centers located in Rockville, Maryland. Two of these Data Centers are at the White Flint North complex with the third Data Center at 40 West Gude Drive.

Each Data Center has its own schedule for operation and coverage detailed elsewhere in the solicitation.

The primary Cata Center is in Two White Flint North,11545 Rockville Pike, Rockville, MD 20852. This center houses the NRC computers used to process the agency's administrative systems, such as Payroll and Personnel and the Emergency Response Data System. The TWUN Center also provides remote printing from the timesharing computing resources at the National Institutes of Health, Idaho National Engineering Laboratory, U.S. Department of Treasury and other facilities.

A contingent facility to the TWFN Data Center is in One White Flint North,11555 Rockville Pike, Rockville, MD 20852. This center also serves as an output distribt'5n location for the OWFN building. Monitoring of the equipment in this center is done remotely frori. the TWFN center and generally operates as a lights.out center. This center is checked hourly when reports are

delivered.

The Gude Data Center, at 40 West Gude Drive, Rockville, MD 20850, supports the NRC's Nudocs transaction processing application. During the first six months of this contract, the NRC plans to convert the transaction processing to a new platform. NRC anticipate's that this new platform will not require Operator support and will result in reduction in effort during the contract.

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

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

systems, disk drives, bursters, folder / sealers, decollaters and Uninterruptable Power Supplies (UPS).

1.2.4 Software Description The following operating systems shall be supported by the computer Operators: DG AOS/VS II; IBM VM/ESA and AIX; DEC VMS; Sun Solaris and HP-UX. Commercial software supported includes TCP/IP, XODIAC, DUMP 3/ LOAD 3, DUMPil/LOADil, CLI, ORACLE, INFOS, SNA, CP, CMS, CICS, JES2, SYBACK, NETWARE and other products that directly support operations and communications of the operating systems listed.

1.3 Scope of Work 1.3.1 Task #1 - Review / Update of the NRC Data Centers Operations Manual The Contractor shall review the NRC's Data Center Operations Manual (NDCOM). Throughout the life of the r,ontract, the Contractor shall recommend updates to the NDCOM to maximize the efficiency of the management, on-site operation, and maintenance of the Data Center to the NRC Project Officer. The Contractor shallimplement the changes to the NDCOM under the scope of this contract upon written approval of the NRC Project Officer. Any modifications that change the level of effort shall be approved by the NRC Contracting Officer before implementation.

1.3.2 Task #2 -Implementation of Configuration Management Plan The Contractor shall complete the implementation of the IOB Configuration Management Plan.

The development and implementation of the CM are being performed in four phases. The first two phases; definition of IOB configuration management requirements and the implementation of the CM recommendation on the computer equipment maintained in the Data Center is expected to be completed by the incumbent Contractor. The final two phases implements the CM recommendations on the Network infrastructure and on the Telecommunications

1-Infrastructure.

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

infrastructure data.

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

1.3.3 Task #3 - Operation of NRC Data Centers 1 1.3.3.1 Introduction The Contractor shall be responsible for the day to day operation of all the NRC Data Centers.

The operation of these centers shall be according to the NDCOM and the CM described in tasks one and two.

The operating and coverage requirements for the centers are; ,

One White Flint North Operation: Daily,24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day Room:2G3 Coverage: Every hour on the hour Monoay through Friday,7:00 am to 5:00 pm.

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

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

NRC has specialized applications that are run within these Data Centers. Each of these specialized applications requires a Task Manager. Task Managers work with the Project Officer '

and the Project Manager to plan for operational changes, review changes to the NDCOM, request execution of ad-hoc features and provide technical assistance. Task Managers also assist the Project Officer in verifying that all of the NDCOM procedures are being followed.

The following applications require Task Managers; Emergency Response Data System: John Jolicoeur Nuclear Document Application (NUDOCS): John Beatty Payroll / Personnel Application: Kathy Lukowski 1.3.3.2 Staffing / Scheduling 1.3.3.2.1 Staffing and Scheduling During Routine Operations The Contractor shall ensuie that all Data Centers are in a constant state of readiness and are i appropriately staffed for the work load requirements. At the beginning of each shift, Operators shall review all open events and problem logs. At no time shall the Operator end his or her shift until the following shift Operator is on site.

Monthly work schedules shall be developed by the Contractor and submitted to the NRC Project Officer for review. The work schedule shall incorporate the coverage requirements for each center, cross training assignments and any planned vacations. TWFN and Gude Data Centers shall have at least one Operator on duty during all of the required hours of coverage. The Contractor may create flexible work schedules to optimize staffing. All schedules are subject to change according to NRC's processing requirements.

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

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

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

1.3.3.2.2 Staffing During Emergencies and Extended Coverage The Contractor shall provide an on-call ERDS qualified Operator 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day,7 days a week. During events or exercises for which the NRC activates the ERDS system, the Contractor shall send the ERDS qualified Operator to the ERDS Data Center (Room T581 of the TWFN Data Center) within one hour. Under these conditions the Contractor shall provide continuous coverage 24 by 7 of the ERDS Center. During the event, the Operator shall: control system communications, ensure proper archival recording of data, enter ad hoc data in ERDS global memory, do regular operational functions to ensure that the system functions properly during the event and assist NRC response teams with ERDS use. The Operator shallload end replay archived data for post event analysis.

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

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

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

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

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

1.3.3.3.3 Operator Maintenance  ;

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

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

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

1.3.3.3.5 Hardware, Software, and Environmental Problem Reports In case of system failure (unanticipated crashes, shutdown due to emergencies, etc.), the Operators shall contact the Project Officer, Task Manager and supporting Contractors for the systems affected. The Operators shallinform the individuals called of the system problem,

causes and estimated time of recovery, if known. The Operators shall assist the support Contractors with the problem resolution.

The Operators shall report all system hardware and software problems, air conditioner

I malfunctions, power supply failures and humidity control problems immediately to the Project Officer of the maintenance Contractor or designee. The Project Officer may require the Operator to place a service call with the maintenance Contractor. A list of the maintenance Contractors with the latest contract information is maintained in the NDCOM.

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

1.3.3.3.7 Data Center Security The Contractor shall control access to each Data Center, admitting only those persons for whom access has been approved following the NDCOM.

It is the Contractor's duty to assure that all NRC records or data that the Contractor personnel may come into contact with is safeguarded. The Contractor shall not reveal any data to any source without prior written approval of the appropriate NRC Task Manager or NRC Project Officer. Adherence with special requirements for Foreign Nationals, according to NRC Management Directive Chapter 12.1, Part 2.C is the responsibility of the Contractor.

1.3.3.4 Specialized Application 1

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

ERDS supports the NRC's ability to respond to events that take place at the nuclear facilities.

Due to the critical nature of this system, the Contractor shall perform all routine operational tasks related to ERDS. These tasks shallinclude:

Review system printouts twice daily.

Test system and application software revisions.

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

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

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

Maintain the ERDS unique system security features.

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

- Schedule and conduct tests of licensee ERDS links Tuesday through Thursday 8 am to

f l

l 4 pm (Monday and Friday are reserved for retesting). This willinclude review of test results and follow up on identified problems.

l -

Assist plants by analyzing problems then recommending corrective actions.

Maintain a quarterly testing log. This log ensures that all plants have been scheduled

! for testing and the date of each test. The log shall contain the name of the individual l contacted at each facility, the date and time contacted and the scheduled date of their l test.

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

! 1.3.3.4.2 Nudocs Operations 1.3.3.4.2.1 Nudocs/AD Operations (at TWFN) l

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

The Contractor shall monitor Nudocs/AD to maximize the availability of the application to the users. In the event there is a problem, the Contractor shall notify all the appropriate support staff. Notification procedures may be found in the NDCOM. Nudocs/AD is available to the user are from 7:00 am to 8:00 pm Monday through Friday.

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

1.3.3.4.2.2 Nudocs/ ARMS Operations (at Gude)

The Nudocs/ ARMS application is used to collect all the transaction for the Nudocs/AD application. The Contractor shall facilitate the generation, schedule and logistics of the daily transfer of the transactions from the Gude Data Center to TWFN Data Center. The transfer of transactions will usually be performed electronically through the NRC network. When an electronic transfer is not possible, the Contractor shall supply a courier to bring the transaction tapes to the TWFN Data Center. Detailed procedures on the requirements of this data center are in the NDCOM.

1.3.3.4.3 Payroll / Personnel Operations The Payroll / Personnel application provides a single application for the processing of all of the NRCs payroll and personnel records. The Centractor shall work with the Task Managers to facilitate the biweekly processing of this application. The Operators shall submit and monitor various jobs according to the processing schedule in the NDCOM. Because of the time sensitive nature of this application, reports shall be delivered to the Task Manager or authorized representative immediately upon completion. The Operator shall generate and provide to other Contractors tapes for various off site processing. These tapes shall be labeled and tracked in l

i

the tape management system.

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

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

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

1.3.3.6 Tapes and Backups 1.3.3.6.1 General Tape Procedures The Contractor shall ensure that all tapes are in a constant state of readiness. Only clean, certified scratch tapes shall be issued to users. The schedule for cleaning of tapes is maintained in the NDCOM. Any tapes not meeting the Governments minimum certification requirement shall be degaussed and discarded. A log shall be kept indicating the reason for all tapes discarded and a count of these tapes shall be provided to the Project Officer in the weekly report. No tapes may be discarded without Project Officer approval. The Government shall purchase replacement tapas when the Project Officer and Project Manager determine it is necessary.

Operators shall mount and dismount tapes as requested by users. Tapes shall be write protected (remove write rings or turn write protect tabs) until a user specifically request the ability to write to the tape. The Operator shall fill out the tape's label, if requested by the user, and charge the tap? out to the user.

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

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

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

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

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

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

The Contractor shall backup the Payroll system following the Operations Manual and the pay period schedule. Unusual conditions may occur, such as high volume of data entry or  ;

equipment problems, which may require more frequent backups. I 1.3.3.7 Troubleshooting and Recovery Techniques 1.3.3.7.1 Problem Determination The Contractor shall determine, in cases where problems occur in the computer run, whether the problem is a result of improper data, incorrect processing sequence, or a computer malfunction in the hardware or software. If the problem is one that the Operators cannot or should not handle, then the proper support staff shall be contacted for assistance.

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

1.3.4 Task #4 - Cleaning of the computer equipment The Contractor shall perform scheduled cleanings of the computer equipment and communications racks in all three data centers. The scheduled cleanings shall be performed semiannually. All cleaning shall be schedule on Sunday's and be coordinated with the users of the systems to create the least amount of impact to the users and operation of the facility will be noticed.

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

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

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~

Cleaning shall be limited to the computer equipment, communications racks and air handlers in the computer facility. Raised floors and areas under the raised floor shall be cleaned by others.

The cleaning shall at a minimum include the following; The exterior of all computers and computer related devices (such as printers, tape drives, disk drives, consoles, keyboards, bursters, de-collators, plotters, data communication racks, etc.) shall be cleaned. All removable covers shall be temporarily removed from the equipment for cleaning and replace after cleaning is complete. The Operators shall provide assistance in identifying the covers that can be remove and how to remove them.

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

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

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

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

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

The Government has estimated that the total professional and clerical staff hours per year of this contract are; 19,540 base year and 17,750 for each of the remaining years. Saturday hours are considered part of the normal shift hours and are not considered work outside regular working hours. It is estimated that 150 hours0.00174 days <br />0.0417 hours <br />2.480159e-4 weeks <br />5.7075e-5 months <br /> of on-call work outside regular working sctiedule may be required for each of the five years of this contract (total of 750 hours0.00868 days <br />0.208 hours <br />0.00124 weeks <br />2.85375e-4 months <br />). Work outside regular working hours shall not be performed unless approved in advance by the NRC Project Officer or designee according to the Overtime Article of Section 1. The hourly charge for such work shallinclude travel costs to and from the site. Charges shall be computed to the nearest one-half hour.

The following positions are key personnel; Project Manager, Senior Lead Computer Operator and three Lead Operators. At the end of the two-week transition period, each shift of Operators shall be able to operate and maintain the ERDS, Payroll / Personnel and Nudocs applications. A lead Operator shall be dedicated to each specialized system during the transition period and shall be the primary source for Operator assistance once the transition period is over.

1.4.1 Position Description (Key Personnel)

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

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

Two years experience in the operation of DG AOS/VS II, IBM VM/ESA, DEC VMS l and/or UNIX operating systems.

Demonstrated experience in production control of payroll or personnel type I applications.

l Education and Other Requirements '

Shall be a high school graduate or equivalent with at least four years of general college studies or two years of college studies in the computer science field or formal training from a trade school in computer operations or business management. No substitution of education for experience is permitted.

Shall be familiar with Government contracting and project management practices.

1.4.1.2 Senior Lead Computer Operator Experience Requirements Five years experience in operating mini and/or large scale computer systems.

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

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

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

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

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

I I

1.4.1.3 Lead Computer Operator Experience Requirements

~

b l'

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

Two years experience in the operation of DG AOS/VS II, IBM VM/ESA, DEC VMS and/or UNIX operating systems. At least one year's experience is required within one of these operating systems.

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

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

Education and Other Requirements Must be a high school graduate or equivalent. Directly related formal education or training may be substituted based on one month of education / training for one month of experience not to exceed 12 months. No further substitution of education for experience is permitted.

1.4.2 Other Positions l NRC anticipates the following positions shall be needed to complete this contract. Other personnel may be recommended that are not on the list. None of these positions are considered key personnel.

t l Technical Writer 'shall have a minimum of five years experience in writing technical I

documentation of which two years shall be in writing computer operations or computer systems support manuals. ,

1 Systems Analyst - shall have a minimum of five years experience in system analysis in the development of configuration management systems.

l l Computer Operator - shall have a minimum of one year of experience in the operation of a computer system using DG AOS/VS II, IBM VM/ESA, DEC VMS or UNIX.

Tape Librarian / Operator- shall have a minimum of six months of experience as a tape librarian, data entry clerk or computer operator. Computer operator training may be substituted for experience. Certification of training being provided at an accredited institution must be provided.

Data Entry Clerk / Clerical- shall have 3 months of experience as a typist or shall have i successfully completed a basic typing course. Certification of training being provided at l an accredited institution must be provided.

1 Computer Cleaner - shall have 3 months of experience in the cleaning of computer equipment.

1.4.3 Training i The Contractor shall provide Operators for each shift with the collective knowledge and l experience to support all Operating Systems and Commercial software listed in section 1.2.4. I' Computer Based Training (CBT) may be used for cross training of Operators at Contractor expense. The Government shall provide the computer resources necessary during non peak work loads for the CBT. The Government shall not provide overtime for the purposes of training.

I I

l Training for the Operators in NRC specific applications shall be provided by the incumbent l Contractor during a two-week transition period. At the end of this training, the Operators shall i have the knowledge and experience necessary to execute the NDCOM. The Contractor shall provide training in the NRC specific applications for a two week transition period at the end of I this contract. j in the event the Government adds new or upgrades any hardware or software on the contract,  ;

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

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, '?kbb i (MARCH 1996)

.Page 1 of 10 BILLING 2NSYKUCTTOND Kfn COST REIMBURSEMENT TYPE CXXERAC73 General: The contractor shall prepare vouchers). invoices for reimbursement of costs in the manner and' format described herein.

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

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

Desionated Acency Billine Office: Vouchers / invoices shall be submitted to the following address:

U.S. Nuclear Regulatory Commission ,

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

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

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

Acency Payment Office: Payment will continue to be made by the office designated in the contract in Block 12 of SF 26 or Block 25 of SF 33, whichever is applicable.

f BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS -

(Page 2 of 10)

Frecuency: The contractor shall submit claims for reimbursement once each month, unless otherwise authorized by the contracting Officer.

Format: Claims should be submitted in the format depicted on the attached sample form entitled " Voucher / Invoice for Purchases and Services Other than Personal" (see Attachment 1) . The sample format is provided for guidance only. The format is not required for submission of a voucher / invoice. Alternate formats are permissible provided all requirements of the billing instructions are addressed. The instructions for preparation and itemization of the voucher / invoice are included with the sample form.

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

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

Each report will contain a docket number or other unique l identifier. The NRC will provide a unique identifier for all work performed. Costs should be reported as whole number to the

nearest cent. For work that involves more than one facility at the same site, each facility should be listed separately and the costs should be split appropriately between the facilities.

Common coste. as defined below, shall be identified as a separate l

line item in the fee recovery billing report each month.

Common costs are those costs that are not licensee unique and associated with the performance of an overall program that benefit all similar licensees covered under that program or that are required to satisfactorily carry out the program. Common costs include costs associated with the following: preparatory or start-up efforts to interpret and reach agreement on methodology, approach, acceptance criteria, regulatory position, f

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BILLING (Page 3 ofINSTRUCTIONS

10) FOR COST REIMBURSEMENT TYPE CONTRA or technical. reporting requirements; efforts associated with the

" lead plant" concept that might be involved during the first one or two plant reviews; meetings and discussions involving the above efforts to provide orientation, background knowledge or guidance during the course of a program; any technical effort applied to a docket or other unique identifier; and project management. j docket or unique identifier. Common costs must be reporting monthly for each l Common costs must be computed based '

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

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

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

Currency:

Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records; payments equivalent will be made in that currency. However, the U.S. dollar for all vouchers / invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract.

Supersession:

instructions. These instructions supersede any previous billing l

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BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 4 of 10) -

ATTACHMEhT 1 INVOICE /V0UCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT)

Official Aaency Billina Office (a) Contract Number U.S. Nuclear Regulatory Commission Division.of Contracts MS: T 7-I 2 Task Order No. (If Applicable)

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

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

Tel. 90.:

(e) This voucher represents reimbursable costs for the billing period for the billing period from through .

Amount Billed Current Period Cumulative (f) Direct Costs (1) Direct labor *.............................

(2) Fringe benefits

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

(3) Capitalized nonexpendable equipment ($50,000 or more -

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

(4) Non capitalized equipment, materials, and supplies. . . . . . . . . . . . . . . . .

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

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

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

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

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

Total Direct Costs (g) Indirect Costs (A) Overhead  % of -

(Indicate Base).........

(B) General & Administrative Expense

% of Cost Elements Nos. ....................

Total Direct & Indirect Costs (h) Fixed Fee (Cite Formula):

(1) Tot al Amount Bi l l ed . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) Adjustments.....................................

(k) Grand Totals....................................

• (Requires Supporting Information See Attached)

BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 5 of 10 (Cont.) ATTACHMENT 1 SAMPLE SUPPORTING INFORM /. TION

1) Direct Labor $2400 Labor Hours Cateaory Cumulative Billed Rate Iqtal Hrs. Billed Senior Engineer I 100 $14.00 $1400 975 Engineer 50 $10,00 $500 465  !

Computer Analyst 100 $5.00 $500 320

$2400

3) Capitalized Non Exoendable Eaulpment Prototype Spectrometer item 'iumber 1000 01 $60,000

4) Non capitalized Eauioment. Materials. and Sucolies 10 Radon tubes @ $110.00 =

$1100.00 6 Pairs Electrostatic gloves @ $150.00 = $900.00

$2000.00

5) Etemium Pay Walter Murphy 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> @ $10.00 Per Hour = $100 i (This was approved by NRC in letter dated 3/6/95).

6) Consultants *fge Dr. Carney - I hour B $100 = $100  !

7) Travel l Start Date Destination Co_its 3/1/89 Wash., DC $200 1

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BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 6 of 10) -

ATTACHMENT 1 (Cont.)

INSTRUCTIONS FOR PREPARING COST INFORMATION FOR NRC CONTRACT V0UCHERS/INV0 ICES Preparation and Itemization of the Voucher / Invoice: In order to constitute a 3 roper invoice, the contractor shall furnish all the information set forth

)elow. These notes are keyed to the entries on the sample voucher / invoice.

Official Agency Billing Office: Address the original and 3 copies of the voucher / invoice, together with supporting documentation attached to each copy to: U.S. Nuclear Regulatory Commission, Division of Contracts MS: T7I2, Washington, DC 20555 0001.

Vouchers / invoices delivered by hand, includir.g delivery by express mail or special delivery services which use a courier or other person to deliver the voucher / invoice in person to the NRC, should be addressed in accordance with the foregoing and delivered to: U. S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike Mail Room, Rockville, Maryland 20852. Hand delivered vouchers / invoices will not be accepted at other than the above address. Note, however, that the official receipt date for hand-delivered vouchers / invoices will be the date it is received by the official agency billing office in the Division of Contracts.

Payee's Name and Address. Show the name of the contractor as it ap) ears in the contract and its correct address. When an approved assignment 1as been made by the contractor, or a different payee or addressee has been designated, insert the name and address of the payee. Indicate the name and telephone number of the individual responsible for answering any questions that the NRC may have regarding the invoice. The following guidance corresponds to the entries required on the sample form.

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

Task Order Number, if applicable. Insert tne task order number.

(b) Vouch:r/ invoice number. The a)propriate sequential number of the ,

voucher / invoice, beginning wit, 001 should be designated. Contractors  !

may also include an individual internal accounting number, if desired,  ;

in addition to the 3 digit sequential number.

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BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 7 of 10) -

ATTACHMENT 1 (Cont.)

(c) Date of Voucher / Invoice. Insert the date the voucher / invoice is  !

prepared.  !

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

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

(f) Direct Costs Insert the amount billed for the following cost elements, adjustments, suspensions, and total amounts, for both the current billing period and for the cumulative period (from contract inception to end date of this billing period).

(1) Direct Labor. This consists of salaries and wages paid (or accrued) for direct performance of the contract itemized as follows:

Labor Hrs. Cumulative Cateaory Billed Total Rate Hrs. Billed (2) Fringe Benefits. This represents fringe benefits applicable to direct labor and billed as a direct cost. Where a rate is used indicate the rate. Fringe benefits included in direct labor or in other indirect cost pools should not be identified here.

(3) Capitalized Non Expendable Equipment. List each item costing

$50,000 or more and having a life expectancy of more than one year. List only those items of equipment for which reimbursement '

is requested. For each such item, list the following (as applicable): (a) the item number for the specific piece of equipment listed in the property schedule of the contract; or (b) the Contracting Officer's approval letter if the equipment is not i covered by the property schedule.

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BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 8 of 10) -

ATTACHMENT 1 (Cont.)

(4) Non capitalized Equipment, Materials, and Su) plies. These are equipment other than that described in (3) amve, plus c,nsumable materials, supplies. List by category. List items valued at $500 or more separately. Provide the item number for each piece of equipment valued at $500 or more.

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

(Requires written approval of the Contracting Officer.)

(6) Consultants. The supporting information must include the name, hourly or daily rate of the consultant, and reference the NRC approval (if not specifically approved in the original contract).

(7) Travel. Total costs associated with each trip must be shown in the following format:

Start Date Destination ,osts C

From To from To $

(8) Subcontracts. Include separate detailed breakdown of all costs paid to approved subcontractors during the billing period.

(9) Other Costs. List all other direct costs by cost element and dollar amount separately.

(g) Indirect Costs (Overhead and General and Administrative Ex mnse). Cite the formula (rate and base) in effect in accordance with t1e terms of the contract, during the time the costs were incurred and for which reimbursement is claimed.

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

(1) Total Amount Billed. Insert the total amounts claimed for the current ,

and cumulative periods.

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l BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 9 of 10) -

ATTACHMENT 1 (Cont.)

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

(k) Grand Totals.

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

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BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 10 of 10) -

ATTACHMENT 2 (Cont.)

FEE RECOVERY BILLING REPORT FIN:

Facility Name or Report

Title:

TAC or Inspection Report Number:

(or other unique identifier)

Docket Number (if applicable):

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

Consultant Travel Other (specify)

Common Costs Total Remarks:

R:\ BILLING.396 1

f' . CI I( th, NRC FORC 187 W 5 sfLICLEAP C.EQUL890PvfpMM*AmoN cuTHORITU D95) The polces. pror.edures and entero of the NRC NRCMO 12 secunty Program. NRCMD 12. apply to efformance of the contract, subcontract or other l ectuty I CONTRACT SECURITY AND/OR CLA$$1FREIMM s REQUIREMENTS )

• OOMPLETE CLASSIFIED ITEMS BY SEPARATE CORRESPONDENCE 1 CONTRACTOR NAME AND ADDRES6 A CL7WRAJ 1 rCMBE .R I Cad COMMistCE CONT 14AC1S OR JOB CO(F. 5 OH (XsE 2. TYPE OF F "M PROJICTS (Prae wemot mmuer mmrhe e%me= %w all m.hteenincts3 y A ORGlNAL B PRCJECirD i C WOJK".T.D B REVISED (Supersedes ail pronous START DAT COMPLETON DsTE Submasens)

' '"'"'S*

5/15/1998 5/14/2005

3. FOR FOLLOWON CONTRACT, ENTER PRECEDING CONTRACT NUMBER AND PROJECTED COMPLETION DATE o coES NOT APPLY B CONTR ACT NUMBER C PROJECTED COMPLETION DATE NRC-33-95-173 5/14/98 4 PROJECT TITLE AND OTHER IDENTIFYING INFORMATION Operation of NRC Data Centers 1

1 l

i S PERFORMANCE WILL REQUIRE NATIONAL SECURITY RESTRICTED DATA A ACCESS TO CLASSIFIED MATTER OR CLAS$1FIED INFORMATON g, A (if "Yes " answer 1-7. W "No? proceed to 5 C ) k SECRET CONFIDENTIAL SECRET CONFIDENTIAL 1 ACCESS TO FOREGN INTELL10ENCE INFORMATION 2 RECEIPT. STORAGE. OR OTHER SAFEGUARDING OF CLASSIFIED .

MATTER (see 5 B )

3 GENERATION OF CLASSIFIED MATTER 4 ACCESS TO CRYPTOGRAPHY MATERIAL OR OTHER CLASSIFIED COMSEC INFORMATION 5 ACCE L3 TO CL ASSIFIED MATTER OR CL ASSIFIED INFORMATION POSSESSED BY ANOTHER AGENCY 6 CLASE*lEP USE OF AN AUTOMATIC DATA PROCESSING SYSTEM 7 OTHER (Specify)

B l$ F ACILITY CLE AR ANCE REQUIREDS ygg No C UNESCORTED ACCESS IS REQUIRED TO PROTECTED AND Vti AL ARE AS OF NUCLE AR POWER PL AN'S p ACCESS l$ REQUIRED TO UNCLASSIFIED SAFEGUARDS INFORM ATION E ACCESS IS REOutRED TO SENSITIVE ADP SYSTEMS AND DAT A X

, X uNESCORitD ACCESS TO NRC NEADOuARitRS BuitoNo FOR PROCEDURES AND REQUIREMENTS ON PROVIDING TEMPORARY AND FfNAL APPROV AL FOR UNESCORTED ACCESS. REFER TO NRCMD 12 NRC FORM 157 (8 95) PRINTED ON RECYCLED PAPf' R

6 INFORMA7CN PE27AINING TO THESE REQUIREMENTS C3 THtS PROJECT. EVEW 'KMGM SUCP &#f WMOOM IFa@SOE RE D UNCLDS$1FIED. SHQLL NOT BE RELEASED FOR DISSEMINATION EXCE7'T C4 APPROL'ED B7 Edna Knox-Davin NAME g- g N t // 1 Contract Specialist ph w r, <-

g gjv- y, POsm.

T. CLASSIFICATION OulDANCE NQWRE OF CLASSIFIED GUCANCE IDENTIFCATON OF CLASSIFICATION GUIDES ADP Type I access required for all operators.

ADP Type 11 access required ' e support staff.

8 CLAS$1FIED REVIEW OF CONTRACTORISUSCONTRACTOR REPORT l$) AND OTHER DOCUMENTS WILL BE CONDUCTED BY:

CUTHOR; ZED CLASSIFIER (NAME AND TITLE) DVISCN OF SECURITY 9 CEQUIRED DISTRIBUTION OF NRC FORM 187 (Check approonste boufes))

SPONSORING NRC DFFCE OR DVISON (Item 10A) DVISCN OF CONTRACTS (Item 10C) y CMSON OF SECURITY (ftem 10B} CONTRACTOR (ftsm 1)

K SECURITYCLASSIFCATON REOutREMENTS FOR SUBCONTRAC*$ RESULTING FROM THIS CONTRACT WILL BE APPROVED BY THE OFFCIALS NAMED IN ITEMS 100 AND 10C CILOW 10 APPROVALS THE SECURffYCLASSIFIED REQUIREMENTS AND ATTACHMENTS REFERENCED HEREIN HAVE BEEN APPROVED et"ES INSV 10ATHE AND Oted CB BELOW. F*".

CONTRACTING APPROVAL BY THE OMECTOR. DMSON OF CONTRACTS, OR DESIONEE,is TO Bd fMCLUDED IN 10C DELOW.

NAME (Pnnt or Typel SCNATURE DATE Ci DRECTOR, OFFCE OR DVISON James Schaeffer, Dir., IIID [

' W' $4 y Io '/[

. _. DV- S-,

i 5 m nd'J. Brady, Director .

e e _ OFc - c,8

a

, a '

V, f a Nb Sharon D. Mearse, Chief, CMB3 /

11.REMARMS l,

1 i

PRINTED ON RECYCLED PAPER MC FORM 187 @95)

I E______.___._____.._____.__-_.

f$YNY

• Page 1 of ;0 REGISTER OF WAGE DETERMINATIONS UNDER ', U.S. DEPARTMENT OF LABOR THE S TVICE CONTPACT ACT l EMPLOYMENT STANDARDS ADMINISTRATION By a act" n of the Sec of Labor l WAGE AND HOUR DIVISION g l WASHINGTON, D.C. 20210

, ,, , nit $,Q \

j Wage Determination No. 94-2103 Wil iam W. oss Division of l Revision No. 14 Director Wage Determinations l Date of Last Revision: 07/01/1997 l State (s) Dist. of Col., Maryland, Virginia Area: MARYLAND COUNTIES OF CALVERT, CHAP.LES , FREDERICK, MONTGOMERY, PRINCE GEORGE'S, ST MARY'S.

VIRGINIA COUNTIES OF ALEXANDRIA, ARLINGTON, FAIRFAX, FALLS CHURCH, FAUQUIER, KING GEORGE, LOUDOUN, PRINCE WILLIAM, STAFFORD.

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• • Fringe Benefits Required For All Occupations Included In This Wage Determination Follow The Occupational Listing **

OCCUPATION CODE AND TITLE MININUM HOURLY WAGE ADMINISTRATIVE SUPPORT AND CLERICAL:

01011 Accounting Clerk I $ 8.79 01012 Accounting Clerk II $ 10.28 01013 Accounting Clerk III $ 12.15 01014 Accounting Clerk IV $ 14.16 01030 Court Reporter $ 13.22 01050 Dispatcher, Motor Vehicle $ 13.85 01060 Document Preparation Clerk $ 10.25 01070 Messenger (Courier) $ 9.67 01090 Duplicating Machine Operator $ 10.25 01110 Film / Tape Librarian $ 12,88 01115 General Clerk I $ 7.82 01116 General Clerk II $ 9.17 01117 General Clerk III $ 10.25 01118 General Clerk IV $ 14.31 01120 Housing Referral Assistant $ 14.82 01131 Key Entry Operator I $ 10.05 01132 Key Entry Operator II $ 11.23 01191 Order Clerk I $ 11.26 01192 Order Clerk II $ 12.44 01261 Personnel Assistant $ 10.33 (Employment) I 01262 Personnel Assistant $ 11.28 (Employment) II 01263 Personnel Assistant $ 13.00 (Employment) III

'01264 Personnel Assistant $ 15.50 (Employment) IV 01270 Production Control Clerk $ 14.82 01290 Rental Clerk $ 12.08 '

01300 Scheduler, Maintenance $ 12.08 01311 Secretary I $ 12.08 01312 Secretary II $ 13.22 01313 Secretary III $ 14.82 01314 Secretary IV $ 16 86 01315 Secretary V $ 18.96 j 01320 Service Order Dispatcher $ 12.08 l 01341 Stenographer I $ 13.26  !

01342 Stenographer II $ 14.87 01400 Supply Technician S 16.86

UAGE DETERMINATION NO.:94-2103-(Rev 14) ISSUE DATE:07/01.-1997 Eage ; ;f .

01420 Survey Worker (Interviewer) $ 13.22 01460 Switchboard Operator- $ 10.28 Receptionist 01510 Test Examiner $ 13.22 l

01520 Test Proctor $ 13.22 01531 Travel Clerk I $ 7.98 01532 Travel Clerk II $ 8.60 01533 Travel Clerk III $ 9.26 01611 Word Processor I $-10.48 01612 Word Processor II $ 12.05 01613 Word Processor III $ 14.95 AUTOKATIC DATA PROCESSING:

03010 Computer Data Librarian S 9.97 03041 Computer Operator.I $ 10.23 03042 Computer Operator II $ 12.06 03043 Computer Operator III $ 14.62 03044 Computer Operator IV $ 16.53 03045 Computer Operator V $ 17.79 03071 Computer Programmer I 1/ $ 14.46 03072 Computer Programmer II 1/ $ 16.97 03073 Computer Programmer III 1/ $ 19.87 03074 Computer Programmer IV 1/ $ 23.04 03101 Computer Systems Analyst I 1/ $ 17.93 03102 Computer Systems Analyst II 1/ $ 23.32 03103 Computer Systems Analyst III 1/ $ 27.12 03160 Peripheral Equipment Operator $ 9.97 AUTONOTIVE SERVICE:

05005 Automobile Body Repairer, $ 18.39 Fiberglass 05010 Automotive Glass Installer $ 16.45 05040 Automotive Worker $ 16.45 05070' Electrician, Automotive $ 17.44 05100 Mobile Equipment Servicer $ 14.43 05130 Motor Equipment Metal Mechanic $ 18.39 05160 Motor Equipment Metal Worker $ 16.45 05190 Motor Vehicle Mechanic $ 18.46 05220 Motor Vehicle Mechanic Helper $ 13.38 05250 Motor Vehicle Upholstery $ 15.47 Worker

! 05280 Motor Vehicle Wrecker $ 16.45 05310 Painter, Automotive $ 17.44 05340 Radiator Repair Specialist $ 16.45 i

05370 Tire Repairer $ 14.43 05400 Transmission Repair Specialist $ 18.39 FOOD PREPARATION AND SERVICE:

07010 Baker $ 11.47 07041 Cook I $ 10.06 07042 Cook II $ 11.47

$ 7.23 07070 Dishwasher

$ 7.23 07100 Food Service Worker (Cafeteria Worker) 07130 Meat Cutter $ 11.47

$ 7.89 07250 Waiter / Waitress FURNITURE MAINTENANCE AND REPAIR:

09010 Electrostatic Spray Painter $ 17.44 09040 Furniture Handler $ 12.13 N _ __ _-_____- __________--. _ _ _

WAGE DETERMINATION NO.:94-2103 (Rev. 14) ISTjE DATE:07,01.1997 Page ; of ..

09070 Furniture Refinisher 3 17.44 09100 Furniture Refinisher Helper $ 13.38 l 09110 Furniture Repairer, Minor $ 15.47 I

09130 Upholsterer $ 17.44 l

GENERAL SERVICES AND SUPPORT:

11030 Cleaner, Vehicles $ 7.23

! 11060 Elevator Operator S 7.23 11090 Gardener $ 10.06 11121 Housekeeping Alde I $ 6.44 11122 Housekeeping Aide II $ 7.26 11150 Janitor 0 7 23 11210 Laborer, Grounds Maintenance $ 7.89 11240 Maid or Houseman S 6.39 11270 Pest Controller $ 10.79 11300 Refuse Collector $ 7.23 11330 Tractor Operator $ 9.33 11360 Window Cleaner $ 7.89 j l

HEALTH: I 12020 Dental Assistant $ 9.73 12040 Emergency Medical Technician / $ 10.42 Paramedic Ambulance Driver 12071 Licensed Practical Nurse I $ 12.69 12072 Licensed Practical Nurse II $ 14.25 12073 Licensed Practical Nurse III $ 15.95 12100 Medical Assistant $ 8.69 12130 Medical Laboratory Technician $ 8.69 12160 Medical Record Clerk $ 8.69 12190 Medical Record Technician S 12.05 12221 Nursing Assistant I $ 7.28 12222 Nursing Assistant II $ 8.18 12223 Nursing Assistant III $ 10.48 12224 Nursing Assistant IV $ 11.77 12250 Pharmacy Technician $ 10.84 12280 Phlebotomist $ 8.69 12311 Registered Nurse I $ 15.88 12312 Registered Nurse II $ 17.80 12313 Registered Nurse II, $ 19.65 Specialist 12314 Registered Nurse III $ 21.55 12315 Registered Nurse III, $ 21.55 Anesthetist 12316 Registered Nurse IV $ 25.83 INFORMATION AND ARTS:

13002 Audiovisual Librarian $ 16.86 13011 Exhibits Specialist I $ 15.11 13012 Exhibits Specialist II $ 18.90 13013 Exhibits Specialist III $ 23.27 13041 Illustrator I $ 15.11 13042 Illustrator II $ 18.90 13043 Illustrator III $ 23.27 13047 Librarian $ 18.96 13050 Library Technician $ 13.22 13071 Photographer I $ 13.46 13072 Photographer II $ 15.11 13073 Photographer III $ 18.90 13074 Photographer IV $ 23.27 17075 Photographer V $ 25.60 a_-____-_________.

, '4 AGE DETERMINATION MO. : 94 -J103 (Rev. 14) ISSUE OATE:07/01,1997 Page 4 of .,

4 LAUNDRY, DRY CLEANING, PRESSING:

15010 Assembler S 6.01 15030 Counter Attendant $ 6.01 15040 Dry Cleaner S 7.77 15070 Finisher, Flatwork, Machine $ 6.01

'15090 Presser, Hand $ 6.01 15100 Presser, Machine, Dry Cleaning $ 6.01 15130 Presser, Machine, Shirts S 6.01 ,

l 15160 Presser, Machine, Wearing $ 6.01 l Apparel, Laundry 15190 Sewing Machine Operator $ 8.39 15 l0 Tailor $ 8.99 15e30 Washer, Machine $ 6.60 MACHINE TOOL OPERATION AND REPAIR:

l 19010 Machine-tool Operator $ 17.44 l ('loolroom) 19040 Tool and Die Maker $ 21.24 MATERIALS HANDLING AND PACKING:

21010 Fuel Distribution System $ 14.80 Operator 21020 Material Coordinator $ 14.61 l 21030 Material Expediter $ 14.64 21040 Material Handling Laborer $ 10.01 21050 Order Filler $ 12.76 21071 Forklift Operator $ 10.93 21080 Production Line Worker $ 11.25 (Food Processing)

! 21100 Shipping / Receiving Clerk $ 11.78 21130 Shipping Packer $ 10.99 21140 Store Worker I $ 8.61 21150 Stock Clerk ( Shelf Stocker; $ 10.50 ,

Store Worker II ) l 21210 Tools and Parts Attendant $ 12.73  ;

21400 Warehouse Specialist $ 11.25 l

l MECHANICS AND MAINTENANCE AND REPA1R: ,

l 23010 Aircraft Mechanic $ 18.39 23040 Aircraft Mechanic Helper $ 15.38 i

, 23050 Aircraft-Quality Control $ 19.37 l Inspector 23060. Aircraft Servicer $ 15.47 23070 Aircraft Worker $ 16.45 23100 Appliance Mechanic $ 17.44 23120 Bicycle Repairer $ 14.43 23125 Cable Splicer $ 18.39 23130 Carpenter, Maintenance $ 17.44 23140 Carpet Layer- $ 16.85 23160 Electrician, Maintenance $ 17.93 23181 Electronics Technician, $ 15.51 Maintenance I 23182 Electronics Technician, $ 19.80 ]

Maintenance II 23183 Electronics Technician, $ 21.56 Maintenance III 23260 Fabric Worker $ 15.23 23290 Fire Alarm System Meghanic $ 18.39 23310 Fire Extinguisher Repairer $ 14.43 l

'e? AGE DETERMINATICM NO.:94-2103 .Rev. 141 !53'JE D ATE : ';7 : 01.iv3' Page 5 ;: _.

23340 Fuel Distribution System $ 18.39 Mechanic 23370 General Maintenance Worker S 15.90 23400 Heating, Refrigeration and Air $ 18.39 Conditioning Mechanic 23430 Heavy Equipment Mechanic $ 18.39 23440 Heavy Equipment Operator $ 18.66 23460 Instrument Mechanic $ 18.39 23470 Laborer $ 9.71 23500 Locksmith $ 17.44 23530 Machinery Maintenance Mechanic $ 19.82 23550 Machinist, Maintenance $ 20.79 23580 Maintenance Trades Helper $ 13.38 23640 Millwright $ 18.39 ,

23700 Office Appliance Repairer $ 17.44 23740 Painter, Aircraft $ 17.44 23760 Painter, Maintenance $ 17.44 23790 Pipefitter, Maintenance $ 17.77 23800 Plumber, Maintenance $ 17.44 23820 Pneudraulic Syste-- Mechanic $ 18.39 23850 Rigger $ 18.39 23870 Scale Mechanic $ 16.45 23890 Sheet-metal Worker, $ 18.39 Maintenance 23910 Small Engine Mechanic $ 19.37 23930 Telecommunications Mechanic I $ 18.39 23931 Telecommunications Mechanic II $ 19.37 23950 Telephone Lineman S 18.-39 23960 Welder, Combination, $ 18.39 Maintenance 23965 Well Driller $ 18.39 23970 Woodcraft Worker $ 18.39 23980 Woodworker $ 14.80 PERSONAL NEEDS:

24570 Child Care Attendant S 8.69 24580 Child Care Center Clerk $ 10.54 24600 Chore Aide $ 6.39 24630 Homemaker $ 12.05 PLANT AND SYSTEM OPERATION:

25010 Boiler Tender $ 18.39 25040 Sewage Plant Operator $ 17.44 25070 Stationary Engineer $ 18.39 25190 Ventilation Equipment Tender $ 13.38 25210 Water. Treatment Plant Operator $ 17.44 PROTECTIVE SERVICE:

27004 Alarm Monitor $ 11.20 27006 Corrections Officer $ 14.90 27010 Court Security Officer $ 15.76 27040 Detention Officer $ 15.76 27070 Firefighter $ 14.65 27101 Guard I $ B.50 27102 Guard II $ 11.20 27130 Police Officer $ 17.54 i

l l STEVEDORING / LONGSHOREMEN SERVICE OCCUPATIONS:

l 28010 Blocker and Bracer $ 13.83 20020 Hatch Tender $ 13.03

. WAGE DETERMINATION NO.:94-2103 (Rev. 14) ISSlE DATE:07/01/1997 Page 6 of la

=

8030 Line Handler 0 13.a3 l 28040 Stevedore I 2 13.00 28050 Stevedore II $ 14.66 TECHNICAL:

29010 Air Traffic Control 2/ $ 23.19 l

Specialist, Center 29011 Air Traffic Control 2/ $ 15.99 Specialist, Station 29012 Air Traffic Control 2/ $ 17.61

-Specialist, Terminal 29023 Archeological Technician I $ 13.63 29024 Archeological Technician II $ 15.25 29025 Archeological Technician III $ 18.90 29030 Cartographic Technician S 18.90 29035 Computer Based Training $ 17.93 Specialist / Instructor 29040 Civil Engineering Technician $ 18 90 29061 Drafter I $ 10.75 29062 Drafter II $ 13.46 29063 Drafter III $ 15.11 29064 Drafter IV $ 18.90 29081 Engineering Technician I $ 11.55 29082 Engineering Technician II $ 13.40 29083 Engineering Technician III

~

$ 16.10 29084 Engineering Technician IV $ 18.48 l 29085 Engineering Technician V $ 22.60 i 29086 Engineering Technician VI $ 27,35 29090 Environmental Technician $ 18.27 29100 Flight Simulator / Instructor $ 23.32 (Pilot) 29150 Graphic Artist $ 17.93 29160 Instructor $ 18.40 29210 Laboratory Technician $ 14.62 29240 Mathematical Technician $ 18.48 29361 Paralegal / Legal Assistant I $ 13.22 29362 Paralegal / Legal Assistant II $ 16.86 29363 Paralegal / Legal Assistant III $ 20.62 29364 Paralegal / Legal Assistant IV $ 24.95 l 29390 Photooptics Technician $ 18.48 )

29480 Technical Writer $ 16.72 29491 Unexploded Ordnance $ 14.74 Technician I 29492 Unexploded Ordnance $ 17.83 Technician II 29493 Unexploded Ordnance $ 21.37 Technician III 29494 Unexploded Safety Escort $ 14.74 j 29495 Unexploded Sweep Personnel $ 14.74 l 29620 Weather Observer, Senior 3/ $ 17.02 29621 Weather Observer, Combined 3/ $ 14.62 Upper Air and Surface Programs 29622 Weather Observer, Upper Air 3/ $ 14.62  !

TRANSPORTATION /MOEILE EQUIPMENT .

OPERATION: .

31030 Bus Driver $ 13.24 l 31260 Parking and Lot Attendant S 7.50 31290 Shuttle Bus Driver $ 10.42 l

}

31300 Taxi Driver S 9.67 31361 Truckdriver, Light Truck $ 10.42 l l

31362 Truckdriver, Medium Truck $ 13.24 i

1

,1 AGE DETERMINATION NO.:94-2103 (Rev -14) ISCUE DATE:07/91/1997 Page ^ tf *;

31363 Truckdriver, Heavy Truck 0 15.54 36364 Truckdriver, Tractor-Trailer C 16.93 4 MISCELLANEOUS:

99020 Animal Caretaker $ 8.61 99030 Cashier S 6.51 99041 Carnival Equipment Operator $ 9.33 99042 Carnival Equipment Repairer $ 10.06 99043 Carnival Worker S 7.23 99050 Desk Clerk $ 9.45 99095 Embalmer $ 18.40 99300 Lifeguard $ 6.89 99310 Mortician $ 18.40 99350 Park Attendant (Aide) $ 8.48 99400 Photofinishing Worker ( Photo $ 7.58 Lab / Dark Room Technician )

99500 Recreation Specialist $ 15.40 99510 Recycling Worker $ 9.33 99610 Sales Clerk $ 6.75 99620 School Crossing Guard (Cross- $ 7.23 walk Attendant) 99630 Sports Official $ 6.75 99658 Survey Party Chief $ 10.93 99659 Surveying Technician S 9.42 99660 Surveying Aide S 6.16 99690 Swimming Pool Operator $ 11.47 99720 Vending Machine Attendant $ 9.33 99730 Vending Machine Repairer S 11.47 99740 Vending Machine Repairer $ 9.33 Helper

• • Fringe Benefits Required For All Occupations Included In This Wage Determination **

1 HEALTH & WELFARE: $1.16 per hour or $46.40 per week or $201.07 per l month. l VACATION: Two weeks paid vacation after 1 year of service with a  ;

contractor or successor; 3 weeks after 5 years: 4 weeks after 15 i years. Length of service includes the whole span of continuous service  !

with the present contractor or successor, wherever employed, and with ,

the predecessor contractor in the performance of similar work at the i same Federal facility. (Reg. 4.173) l l

l l HOLIDAYS: Minimum of ten paid holidays per year: New Year's Day, l

Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial f Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) 1/

Does not apply to employees employed in a bona fide executive, administrative, or professional capacity as defined and delineated in 29 CFR 541. (See 29 CFR 4.156)

{

l

. WAGE DETERMINATION NO.:94-2103 (Res 14) IT 3 DATE:07/01/139- Pag: 9 :t ..

2/

APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - MIGHT DIFFERENTIAL: An employee is entitled to pay for all work parformed between the hours i of 6:Cr P.M. and 6:00 A.M. at the rate of basic pay plus a night pn l diffe. atial amounting to 10 percent of the rate of basic pay. .

3/ )

l APPLICABLE TO WEATHER OBSERVERS ONLY - NIGHT PAY & SUNDAY PAY: If you j work at night as a part of a regular tour of duty, you will earn a i NIGHT DIFFERENTIAL and receive an additional 10% of basic pay for any

! hours worked between 6pm and 6am. If you are a full-time employee (40 i hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of i

your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work),

i

• • UNIFORM ALLOWANCE **

If employees are required to wear un s in the performance of l

this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry l l cleaning) such uniforms is an expense that may not be borne by an I employee where such cost reduces the hourly rate below that l

required by the wage determination. The Department of Labor will l accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the

(

i actual cost), reimburse all employees for such cleaning and maintenance at a rate of $4.25 per week (or S.85 cents per day).

However, in those instances where the uniforms furnished are made of " wash and wear" materials, may be routinely washed and dried l

l with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement

• hat employees be reimbursed for uniform maintenance costs.

• • NOTES APPLYING TO THIS WAGE DETERMINATION **

Source of Occupational Titles and Descriptions:

The duties of employees under job titles listed are those described in the " Service Contract Act Directory of Occupations," Fourth Edition, January 1993, as amended by the Second supplement, dated August 1995, unless otherwise indicated. This publication may be obtained from the Superintendent of Documents, at 202-783-3238, or by writing to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Copies of specific job descriptions may also be obtained from the appropriate contracting officer.

1

NAGE DETERMINATION No.:94-2103 (Rev 14) IS;UE CATE:07,31,133' page .: .

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

{ Standard Form 1444 (SF 1444) }

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor 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 classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class (es) of employees. The conformed classification, wage rate, and/_. fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C) (vi) }

When multiple wage determinations are included in a contract, a ,

separate SF 1444 should be prepared for each wage determination to which a class (es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation (s) and computes a proposed rate (s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title (s), a Federal grade equivalency (FGE) for each proposed classification (s), job description (s), and rationale for proposed wage rate (s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days af ter such unlisted class (es) of employees performs any contract work.

i

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6 (b) (2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency l contracting officer, or notifies the contracting officer that I additional time will be' required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When pr caring a conformance request, the " Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed

WAGE DETERMINATION NO.:94-2103 (Rev 14) ISSUE DATE:07e01/19s7 Page ;s Of La by a classification already listed in the wage determinat:on.

Remember, it is not the job title, but the required taska that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

hSc2GkPD' 55 ACH VENDOR / MISCELLANEOUS PAYMENT OMB No.1510-0056 ENROLLMENT FORM * ** " "'* 6'

• f This form is used for Automated Clearing House (ACH) payments with an addendum record that contains payment-rstated information processed through the Vendor Express Program. Recipients of these payments should bring this information to the attention of their financialinstitution when presenting this form for completion.

PRIVACY ACT STATEMENT The following information is provided to comply with the Privacy Act of 1974 (P.L.93-579). All information collected on this form is required under the provisions of 31 U.S.C. 3322 and 31 CFR 210.

This information will be used by the Treasury Department to transmit payment data, by electronic means, to vendor's financial institution. Failure to provide the requested information may delay or prevent the receipt of payments through the Automated Clearing House Payment System.

AGENCY INFORMATION l FE6ERAL PROGRAM AGENCY U.S. NUCLEAR REGULATORY COMMISSION

[ AGENCY IDENT!FIER AGENCY LOCATION CODE (ALC). ACH FORMAT

) NRC 31000001 O cco+ 0 cTx 0 CTP ADDRESS l DMSION OF ACCOUNTING AND FINANCE, Mall STOP T-9 H4 WASHINGTON, DC 20555-0001, CONTACT PERSON NAME TELEPHONE NUMBER FINANCIAL OPERATIONS SECTION

( 301 ) 415-7520 PAYEE / COMPANY INFORMATION I NAME l SSN NO. OR TAXPAYER ID NO.

l ADDRESS 4 CONTACT PERSON NAME:

TELEPHONE NUMBER:

( )

l FINANCIALINSTITUTION INFORMATION l NAME ADORESS l

ACH COORDINATOR NAME: 4 TELEPHONE NUMBER: i

( )

NINE-DIGIT ROUTING TRANSIT NUMBER.

1 l

DEPOSITOR ACCOUNT TITLE:

DEPOSITOR ACCOUNT NUMBER:

LOCK BOX NUMBER:

ACH FORMAT: '

] CHECKING ] SAVINGS LOCK BOX SIGMATURE AND TITLE OF AUTHORIZED OFFICIAL: TELEPHONE NUMBER.

( ) l

Instructions for Completing SF 3881 Form

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

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

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

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

' [Al 0. 8(p W :L LAl10N NUCLEAR REGULA10RY COMMISS10N ACWlM 2009.570 NRC organizational conflicts of interest.

62009.570-1 Scope of policy.

h (a) It is the policy of NRC to avoid, eliminate, or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information

/' scribing relationships, if any, with organizations or persons (including i' se regulated by the NRC) which may give rise to actual or potential conflicts of interest in the eve'nt of contract award.

(b) Contractor conflict of interest determinatioris cannot be made a.tamatically or routinely. The application of sound judgment on virtually a case-by-c'se basis is necessary if the policy is to be applied to satisfy the overall , lic interest. It is not possible to prescribe in advance a -

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

However, examples are provided in these regulations to guide application of this policy guidance. The ultimate test is as follows: Hight the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?

(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other relationships with the NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC agreements with other Government agencies, international organizations, or state, local, or foreign Governments. Separate procedures for avoiding conf 1fets of interest will be employed in these agreements, as appropriate.

62009.570-2 Definitions.

As used in 52009.570:

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

Contract means any contractual agreement or other arrangement with 'the NRC except as provided in 52009.570-1(c).

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

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

( -

. 1 l

l firm, unincorporated l

Offeror or prospective contractor means any peruon, association, joint venture, co-sponsor, partnership, corporation, or their affiliates or successors in interest, including their chief executives, l directors, key personnel, proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.

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

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

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

Potential conflict of interest means that a factual situation exists j that suggests that an actual conflict of interest may arise from adard of a -

proposed contract. The term potential conflict of interest is used to signify those situations that-(1)

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

(2)

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

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

Subcontractor means any subcontractor of any tier who performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts not exceeding the small purchase threshold.

Technical consultino and manaaement suooort services means internal assistance to a component of the NRC in the formulation or administrate m of its programs, projects, or policies which normally require that the contractor be given access to proprietary information These services or to information typically include that has not assistance in been made available to the public.

the preparation of program plans, preliminary designs, specifications, or statements of work.

Criteria for recognizing contractor organizational conflicts of 62009.570-3 interest.

(a) General.

l (1)

Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:

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

1

l l

(ii) May the offeror or contrac. tor be given an unfair competitive advantage based on the performance of the contract?

l NRC's ultimate determination that organizational conflicts (2) of interest exist will be made in light of common While sense and good it is difficult to business identify and j

-judgment based upon the relevant facts.

l i

to prescribe in advance a specific method for avoiding all of the various situations or relationships that might involve potential organizational '

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

' contractual requirements that call for the rendering of advice, consultation '

or evaluation activities, or similar activities that directly lay the groundwork for the NRC's decisions on regulatory activities, futureAny wo procurement, and research programs.

licensee site will also be closely scrutinized by the NIRC staff.

(b) Situations or relationships. The following situations or  :

relationships rnay give rise to organizational conflicts of intere I

(1),

The offeror or contractor shall disclose information, that may give rise to organizational conflicts of interest under the follow i

circumstances.

for the requirement, being performed, the period of performance, and the name and telephone number for a point of contact at the organization knowledgeable about the commercial contract.

Where the offeror or contractor provides advice and (i) I recommendations to the NRC in the same technical area where it isl also providing consulting assistanc'e to any organization -regulated by the NRC.

Where the offeror or contractor provides advice to the (ii)

NRC on the same or similar matter on which it is also providing assistance to any organization regulated by the NRC.

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

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

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

The contracting officer may request specific information (2) from an offeror or contractor or may require special contract clauses such as provided in 52009.570-5(b) in the following circumstances:

(i) Where the offeror or contractor prepares specifications that are to be used in competitive procurement of products or services covered by the specifications.

(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurement using the ' approaches or '

methodologies.

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

(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.

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

(c) Policy aoolication ouidance. The following examples are e

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

Example. The ABC Corp., in response to a Request For (1) (i)  ;

Proposal (RFP), proposes to undertake certain analyses of a l reactor component as called for in 'the RFP. The ABC Corp. is one  ;

of several companies considered to be technically well qualified. i In response to the inquiry in the RFP, the ABC Corp. advises that it is currently performing similar analyses for the reactor manufacturer.

(ii) Cuidance. An NRC contract for that particular work normally would not be awarded to the ABC Corp. because the company would be placed in a position in which its judgment could be

~

biased in relationship to its work for the NRC. Because there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.

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

l (ii) Guidance. An NRC contract normally could be awarded

( to the ABC Corp. because no conflict of interest exists which

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

{

from subsequently contracting for work with the private sector l that could create a conflict during the performance of the NRC contract. For example, ABC Corp. would be precluded from the  ;

performance of similar work for the company developing the advanced reactor mentioned in the example.

(3) (i) Example. The ABC Corp., in response to a competitive RFP, submits a proposal to assist the NRC in revising NRC's guidance documents on the respiratory protection requirements of 10 CFR Part 20. ABC Corp. is the only firm detcrmined to be technically acceptable. ABC Corp. has performed substantial work for regulated utilities in the past and is expected to continue similar efforts in the future. The work has and will cover the writing, implementation, and administration of compliance respiratoryprotectionprogramsfornuclearpowerplags.

(ii) Guidance. This situation would place the firm in a role where its judgment could be biased in relationship to its work for the NRC. Because the nature of the required work is vitally important in terms of the NRC's responsibilities and no reasonable alternative exists, a waiver of the policy, in accordance with s2009.570-9 may be warranted. Any waiver must be fully documented in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias. , ,

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

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

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

' contracting officer of all situations in which the information, developed about the performance of the reactor component under the contract, is proposed to be used.

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

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

informs the NRC that it is presently doing seismological studies for several utilities in the eastern United States, but none of the sites are within the geographic area contemplated by the NRC study.

The contracting officer would normally (ii) Guidance.

conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. Section 2052.209-73(c) Work for Others, would preclude ABC Corp. from accepting work which could create a conflict of interest during the term of the NRC contract.

(6) (i) Example. AD Division of ABC Corp., in response to a RFP, submits a proposal to assist the NRC in the safety and environmental review of applications for licenses for.the construction, operation, and decommissioning of fuel cyicle

- facilities. ABC Corp. is divided into two separate and distinct divisions, AD and BC. The BC Division performs the same or similar services for industry. The BC Division is currently pro-viding the same or similar services required under the NRC's contract for an applicant or licensee.

(ii) Guidance. An NRC contract for that particular work would not be awarded to the ABC Corp. The AD Division could be l

placed in a position to pass judgment on work performed by the BC Division, which could bias its work for NRC. Further, the Conflict of Interest provisions apply to ABC Corp. and not to separate or distinct divisions within the company. If.no l

reasonable alternative exists, a waiver of the policy could be sought in accordance with $2009.570-9.

7(i) EXAMPLE The ABC Corp. completes an analysis for NRC of steam 9enerator tube leaks at one of a utility's six sites. Three the months later, ABC Corp. is asked by this utility to periono same analysis at another of its sites.

(ii) GUIDANCE 62052.290-73(c)(3) would prohibit the contractor from beginning this work for the utility until one year after completion of the NRC work at the first site.

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

value of 55 million. Near the completion of the NRC work, ABC Corp. requests authority to solicit for a $100K contract with ABC the i

same utility to transport spent fuel to a disposal site.

Corp. is performing no other work for the utility.

(ii) GUIDANCE The Contracting Officer, would allow the contractor to proceed with the solicitation because A) it is not in the same technical area as the NRC work.and B) the potential for technical bias by the contractor because of financial ties to L -___-_ _ _ _ ____ _-___---____-___-___- ___________-_. _ _ - - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ - _ - _ _ _ _ -

l .

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

9(i) EXAMPLE The ABC Corp. is constructing a turbine building and installing new turbines at a reactor site. The contract with the utility is'for five years'and has a total value of $1-00 million.

ABC Corp. has responded to an NRC Request for Proposal requiring the contractor to participate in a major team inspection unrelated to the turbine work at the same site. The estimated value of the contract is $75K.

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

(d) Other considerations.

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

(2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or I that a contract is awarded on a competitive or a sole source basis. . .

f2009.570-4 Representation.

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

l (b) The organizational conflicts of interest representation provision i at 52052.209-72 must be included in solicitations and unsolicited proposals, l (including those for task orders and modifications for new work) for: l (1) Evaluation services or activities;  !

(2) Technical consulting and management support services; (3) Research; and (4) Other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in the resulting contract. This representation requirement also applies to all modifications for additional effort under the contract except those issued under the " Changes" clause. Where, however, a statement of the i type required by the organizational conflicts of interest representation provisions has previously been submitted with regard to the contract being

. modified, only an updating of the statement is required .

(c) The offeror may, because of actual or. potential organizational conflicts of interest, propose to exclude specific kinds of work contained in a RFP unless the RFP specifically prohibits the exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would be to the detriment 'of the' competitive' posture of the other- offerors, the NRC shall.

reject the proposal as unacceptable.

(d) The offeror's failure to execute the representation required by paragraph (b) of this section with respect to an invitation for bids is considered to be a minor informality. The offeror will be permitted to correct the omission. ,

62009.570-5 Contract clauses.

(a) General contract clause. All contracts and small purchases of the types set forth in 52009.570-4(b) must include the clause entitlecT,i I

" Contractor Organizational Conflicts of Interest," set forth in 52052.209-73.

(b) Other special contract clauses. If it is determined from the nature of the proposed contract that an organizational conflict of interest exists, the contracting officer may determine that the conflict can be avoided, or, after obtaining a waiver in accordance with 52009.570-9, neutralized through the use of an appropriate special contract clause. If l

appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any restriction. These , ,

l i

clauses include but are not limited to:

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

62009.570-6 Evaluation, findings, and contract award.

The contracting officer shall evaluate all relevant facts submitted by an offeror and other relevant information. Af ter evaluating this information against the c.riteria of 62009.570-3, the contracting officer shall make a finding of whether organizational conflicts of interest exist with respect to a particular offeror. If it has been determined that real or potential conflicts of interest exist, the contracting officer shall:

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

(c) Award the contract under the waiver provision of 62009.570-9.

62009.570-7 Conflicts identified after award.

If potential organizational conflicts of interest are identified after

• - award with respect to a particular contractor, and the contracting officer determines that conflicts do exist and that it would'not be in'the best*

interest of the Government to terminate the contract, as provided in the clauses required by 52009.570-5, the contracting officer shall take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 52009.570-9, neutralize the effects of the identified conflict.

~

f2009.570-8 Subcontracts.

The contracting officer shall require offerors and contractors to submit a representation statement from all subcontractors (other than a supply subcontractor) and consultants performing services in excess of $10,000 in accordance with.f2009.570-4(b). The contracting officer shall require the contractor to include contract clauses in accordance with 62009.570-5 in consultant agreements or subcontracts involving performance of wo-k under a j

prime contract. i (2009.570-9 Waiver.

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

J (b) Waiver action is strictly limited to those situations in which:

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

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

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

(c) For any waivers, the justification and approval documents must be placed in the NRC Public Document Room, 2120 L Street NW. (Lower Level), j Washington, DC.  !

f2009.570 10 Remedies.

In addition to cther remedies permitted by law or centract for a breach i of the restrictions in this subpert or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.

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