ML21027A218
| ML21027A218 | |
| Person / Time | |
|---|---|
| Issue date: | 01/21/2021 |
| From: | Jennifer Dudek Acquisition Management Division |
| To: | Southwest Research Institute |
| References | |
| 31310018D0002 | |
| Download: ML21027A218 (32) | |
Text
ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE - CONTINUATION 2 MPORTANT: Mark all packages and papers with contract and/or order numbers.
DATE OF ORDER CONTRACT NO. ORDER NO.
01/21/2021 31310018D0002 31310021F0003 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY ORDERED PRICE ACCEPTED (a) (b) (c) (d) (e) (f) (g)
PROCEDURES of Contract No. 31310018D0002 this definitizes Task Order No.
31310021F0003. The effort shall be performed in accordance with the enclosed Statement of Work entitled, "Technical assistance for Parametric Analysis in support of the project entitled LaSalle Units 1 and 2, Request for License Amendment to Revise Technical Specification 3.7.3, Ultimate Heat Sink."
CONTRACTOR ACCEPTANCE OF TASK ORDER NO.
31310021F0003 Acceptance of Task Order No. 31310021F0003 under contract No. 31310018D0002 should be made by having an official, authorized to bind your organization, execute two copies of this document in the space provided and return one copy to the Contracting Officer.
You should retain the other copy for your records.
Accepted Task Order No. 31310021F0003 under Contract No. 31310018D0002:
Signature Name Title Date Task Order Base Ceiling: $52,518.00 Task Order Obligation Amount: $52,518.00 Accounting Info:
Continued ...
TOTAL CARR ED FORWARD TO 1ST PAGE (ITEM 17(H)) $0.00 AUTHORIZED FOR LOCAL REPODUCTION OPTIONAL FORM 348 (Rev. 4/2006)
PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.213(f)
ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE - CONTINUATION 3 MPORTANT: Mark all packages and papers with contract and/or order numbers.
DATE OF ORDER CONTRACT NO. ORDER NO.
01/21/2021 31310018D0002 31310021F0003 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY ORDERED PRICE ACCEPTED (a) (b) (c) (d) (e) (f) (g) 2021-X0200-LICAMEND-20-20D008-5000-11-4-149-251A-11-4-149-5000-LICA Period of Performance: 12/23/2020 to 05/31/2021 TOTAL CARR ED FORWARD TO 1ST PAGE (ITEM 17(H)) $0.00 AUTHORIZED FOR LOCAL REPODUCTION OPTIONAL FORM 348 (Rev. 4/2006)
PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.213(f)
31310018D0002/31310021F0003 B - Supplies or Services/Prices .....................................................................................................5 B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION.......................................................5 B.2 CONSIDERATION AND OBLIGATION-TASK ORDERS....................................................5 B.3 PRICE/COST SCHEDULE..................................................................................................5 C - Description/Specifications .......................................................................................................7 C.1 STATEMENT OF WORK ....................................................................................................7 D - Packaging and Marking .........................................................................................................15 D.1 PACKAGING AND MARKING ..........................................................................................15 D.2 BRANDING .......................................................................................................................15 E - Inspection and Acceptance....................................................................................................16 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)........................................16 F - Deliveries or Performance .....................................................................................................17 F.1 PLACE OF DELIVERY-REPORTS ...................................................................................17 F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)...........................17 H - Special Contract Requirements.............................................................................................18 H.1 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (JUL 2016)........................................................................................18 H.2 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS ......................21 H.3 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (MARCH 2019)
.................................................................................................................................................22 H.4 KEY PERSONNEL. (JAN 1993) .......................................................................................22 H.5 2052.204-70 SECURITY. (OCT 1999)..............................................................................23 H.6 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)
.................................................................................................................................................24 I - Contract Clauses.....................................................................................................................28 I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993) .......................................................................................................................................28 J - List of Documents, Exhibits and Other Attachments ..............................................................32 Page 4
31310018D0002/31310021F0003 B - Supplies or Services/Prices B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION (a) The title of this project is: Technical assistance for Parametric Analysis in support of the project entitled LaSalle Units 1 and 2, Request for License Amendment to Revise Technical Specification 3.7.3, Ultimate Heat Sink [hereafter The LAR]
(b) Summary work description: The objective of this task order is to obtain expert technical assistance services from the contractor in support of the NRCs review of The LAR for LaSalle County Station, Units 1 and 2. The contractor is requested to provide a critical assessment of The LAR where the licensee has proposed additional changes to TS 3.7.3. The work performed under this task order will provide a foundation for a NRC Safety Evaluation Report (SER) that documents the NRC's technical, legal, and safety bases for accepting or rejecting The LARs proposed changes.
B.2 CONSIDERATION AND OBLIGATION-TASK ORDERS (a) The ceiling of this order for services is $52,518.00 (b) This order is subject to the minimum and maximum ordering requirements set forth in the contract.
(c) The amount presently obligated with respect to this order is $52,518.00,
. The obligated amount shall, at no time, exceed the order ceiling as specified in paragraph (a) above. When and if the amount(s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this order, in accordance with FAR Part 43 -
Modifications. Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk and may not be reimbursed by the Government.
(d) The Contractor shall comply with the provisions of FAR 52.232 Limitation of Funds, for incrementally-funded delivery orders or task orders.
B.3 PRICE/COST SCHEDULE Total Estimated Cost and Fixed-Fee breakdown by CLIN is presented below:
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31310018D0002/31310021F0003 Total Estimated Cost and Fixed-Fee by cost element is presented below:
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31310018D0002/31310021F0003 This license amendment is being requested to expand the already-approved TS temperature limit of the cooling water supplied to the plant from the UHS to vary with the diurnal cycle by changing the average sediment level limit in the intake flume and UHS to 6 inches. Since the UHS is not at a constant elevation, at its most shallow point, it is 685 ft in elevation and at its deepest point, it is 674 ft in elevation to allow for a gravity feed of the intake structure. Due to its shape, the verification of an absolute value for bottom elevation applies only to the portion of the UHS at its shallowest point or approximately a portion of the UHS surface area. The use of average sedimentation depth of no greater than 6 inches ensures that a sufficient UHS volume remains for use during a design basis accident.
In essence,The LAR proposes to raise the operating UHS temperature limit of the cooling water supplied to the plant while accounting for an average sediment limit of 6 inches, instead of the previous average 18-inch sedimentation level limit. Currently, TS Surveillance Requirement (SR) 3.7.3.1 verifies the cooling water temperature supplied to the plant from the UHS is within the limits of the diurnal curve in LSCS TS Figure 3.7.3-1. The proposed TS temperature limit increases (as shown in TS Figure 3.7.3-1 in Attachment 1 of The LAR) will continue to vary with the diurnal cycle to limit the maximum temperature of the UHS supplied to plant safety systems to 107°F The Contractor is to provide a new TER that reflects in detail the framework and conclusions reached of this parametric study.
C.3 Objective The objective of this task order is to obtain expert technical assistance services from The Contractor in support of the NRCs review of The LAR for LaSalle County Station, Units 1 and 2.
The Contractor is requested to provide a critical assessment of The LAR where the licensee has proposed additional changes to TS 3.7.3.
The assessment is to be based on the proposed TS changes:
compliance with regulatory standard 10 CFR 50 Appendix A General Design Criteria 44, "Cooling water;" and conformance to the regulatory guidance of Standard Review Plan (NUREG-0800) Sections 9.2.5 and 15.0.2; Regulatory Guide (RG) 1.27, Revision 2; and NUREG-0693 (NRC, 1980).
The work performed under this task order will provide a foundation for a NRC Safety Evaluation Report (SER) that documents the NRC's technical, legal, and safety bases for accepting or rejecting The LARs proposed changes.
C.4 Scope of Work/Tasks The Contractor shall provide all resources necessary to accomplish the tasks and deliverables described in this statement of work.
The Contractor shall perform the following tasks associated with The LAR:
Task 1 Kickoff Meeting 1.a Preparation for Kickoff Meeting Page 8
31310018D0002/31310021F0003 The Contractor shall become familiar with The LAR.
The Contractor shall prepare for a discussion with the NRC staff about any perceived weakness contained in The LAR.
1.b Attend Kickoff Meeting The Contractor shall attend a one-time kick-off meeting (via conference call) to discuss the scope of work, expectations, task order management, and performance requirements of the task order.
The kick-off meeting shall be held within seven (7) calendar days after award of task order.
The Contractor shall discuss any perceived weakness contained in The LAR.
Task 2 Review The LAR Submission 2.a Evaluate the LAR Submittal The Contractor shall review The LAR to determine the technical accuracy and regulatory compliance of the request.
The Contractor shall perform a review and evaluation of the technical basis for The LAR, specifically focusing on any changes to the previous methodology used by EGC in support of the NRC issuance of Amendment Nos. 218 and 204 to Facility Operating License Nos. NPF-11 and NPF-18 for the LaSalle County Station (LSCS), Units 1 and 2 from that methodology submitted in support of The LAR.
The Contractor shall specifically focus on the existing methodology used to generate the time dependent maximum UHS temperature and if this methodology remains defendable based on the expected heat transfer from the UHS pond. The evaluation shall include a review of: 1) the revised calculation approach, which forms the basis of The LAR, for technical acceptability; 2) the associated design inputs, assumptions, methodology and conclusions; 3) the EGCs selection of meteorological data for design input; and 4) the EGCs revised UHS modeling as it pertains to the actual physical parameters of the UHS and sediment values.
The Contractor shall compare The LAR with previous TER for the applicability of the Contractors model including methodology and assumptions.
The Contractor, as directed by the COR, shall participate in conference calls with EGC to discuss The LAR materials.
The Contractor shall prepare and deliver a report to the COR summarizing its conclusions based on its completion of this task (i.e., Task 2.a).
2.b Perform parametric/sensitivity studies using The Contractors model The Contractor, based on The LAR, shall identify required changes (e.g., reduced sediment Page 9
31310018D0002/31310021F0003 level, elevated UHS temperature, support calculations, etc.) and make applicable changes to the model.
The Contractor shall perform confirmatory analyses (i.e., parametric/sensitivity studies) using the updated model and LSCS proposed changes with the goal of establishing the bases for reasonable assurance finding for the proposed changes as contained in The LAR.
2.c Prepare Draft Technical Evaluation Report The Contractor shall prepare a draft Technical Evaluation Report (TER) with holes for RAI disposition or other outstanding issues (if applicable) that incorporates the results of the review and evaluation. The TER must contain draft text, tables, and illustrations, as appropriate, suitable for inclusion in NRC's SER. The TER must provide sufficient information to adequately support the NRC staffs rationale for why there is reasonable assurance that public health and safety is protected. It must be written so that a person with either non-nuclear technical background or non-technical background can understand the basis for conclusions cited.
The Contractor as directed by the COR, shall participate in conference calls with EGC to discuss The LAR materials.
The Contractor shall deliver a preliminary draft TER with holes (if applicable) to the COR for review/comment at least ten (10) calendar days before the draft TER deliverable due date.
The NRC staff will review, and the COR will provide comments back to The Contractor on the preliminary draft TER at least five (5) calendar days before the draft TER deliverable due date.
The Contractor shall deliver a draft TER with holes (if applicable) that resolves and/or incorporates comments provided by the COR.
2.d Prepare RAl The Contractor shall identify unresolved issues and any additional or clarifying information needed in The LAR submission pertaining to calculation of the UHS temperature limits.
The Contractor shall prepare and deliver a draft RAl for use by NRC in requesting more information from EGC to clarify issues raised during review.
The Contractor as directed by the COR, shall participate in conference calls with EGC to discuss additional information to be provided or clarified with the RAI.
2.e Review RAI Responses The Contractor shall review EGC's responses to the RAl to determine whether they adequately resolve the outstanding issue(s).
The Contractor as directed by the COR, shall participate in conference calls with EGC to determine whether additional information is required.
The Contractor shall repeat 2.d and 2.e (as necessary) until all TER holes no longer exist.
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31310018D0002/31310021F0003 2.f Issue the Final TER The Contractor shall update the draft TER prepared under Task 2.c to incorporate EGC's RAI response(s) and revise related portions of the draft text, tables, and illustrations in the TER.
The Contractor shall deliver an updated draft TER to the COR for review/comment at least ten (10) calendar days before the Final TER due date.
The NRC staff will review, and the COR will provide comments back to The Contractor on the updated draft TER at least five (5) calendar days before the Final TER due date.
The Contractor shall prepare and deliver a final TER that resolves and/or incorporates comments provided by the COR.
C.5 Reporting Requirements C.5.1 Monthly Letter Status Report (MLSR)
The Contractor will provide a Monthly Letter Status Report (MLSR) per Section F.2 of the Base Contract. This report is due no later than the 20 h calendar day of the following month and will be provided in PDF format. If no work was performed during the prior month, the contractor shall not prepare and submit an MLSR. The MLSR shall be provided electronically to the COR and the Contracting Officer (CO).
C.5.2 Final Report In addition to the TER, The Contractor shall provide a final report summarizing the work performed and the results and conclusions under this task order.
C.6 Deliverables and Delivery Schedule Section # Deliverable Due Date Format Submit to No Later Than Task 1.b: Kick Off Meeting 1 week C.4 Not Applicable Not Applicable (coordinated by The Contractor) after award of task order 1 week after Task 2.a: LAR Evaluation completion of Electronic Adobe C.4 COR Submittal Summary Report Task 1.b PDF Kickoff Meeting at least 10 Task 2.c: Preliminary Draft calendar days Electronic Word C.4 COR Technical Evaluation Report before Draft Document TER due date Task 2.c: Draft Technical No Later Than Electronic Word C.4 COR Evaluation Report 6 weeks Document Page 11
31310018D0002/31310021F0003 after award of task order No Later Than 6 weeks Electronic Word C.4 Task 2.d: Draft RAI COR after award of Document task order 1 week after receiving Task 2.e RAI Response Electronic Word C.4 licensees COR Evaluation Document response to RAIs At least 10 calendar days C.4 Task 2.f: Updated Draft TER before Final TER due date 3 weeks after receiving Electronic Word C.4 Task 2.f: Final TER licensees COR Document response to all RAI 20th calendar C.5.1: Monthly Letter Status day of the Electronic Adobe C.5 Report (MLSR) per Section F.2 CO/COR following PDF of the Base Contract month 15 Calendar Days after Electronic Adobe C.5 C.5.2: Final Report CO/COR completion of PDF Task 2.f In all deliverables, include the following information: Cost Center No., Task No., the licensee, the facility, CAC No. and/or EPID No. (as applicable), and NRC/NRR Branch. The Contractor shall provide all data produced under this contract to the COR at the conclusion of the task order.
The COR will review all draft deliverables (and coordinate any internal NRC staff review, if needed) and provide comments back to The Contractor. The Contractor shall revise the draft deliverable based on the comments provided by the COR, and deliver the final version of the deliverable, unless otherwise specified in the deliverable table. When mutually agreed upon between The Contractor and the COR, The Contractor may submit preliminary or partial drafts to ensure the contractor understands the particular work requirement.
C.7 Required Labor Categories Program Manager The Contractor shall provide a Program Manager, and an alternate who shall act for the Contractor when the manager is absent, who shall be responsible for the performance of the work. The Program Manager or alternate shall have full authority to act for The Contractor on all matters relating to daily operation of this order. The Program Manager shall have at a Page 12
31310018D0002/31310021F0003 minimum, a bachelor's degree in engineering or science and experience in nuclear engineering and in U.S. nuclear power plant technology, systems, and operations. The Program Manager shall also have experience with program or project management and NRC regulatory requirements.
Subject Matter Expert(s)
The Contractor shall provide an appropriate number and staff of qualified Subject Matter Experts (SMEs) that will be key personnel. At least one of the SMEs shall have expert experience with:
The computer software and the technical analyses that provided the basis the SwRI TER of June 30, 2015 .
Thermal-Hydraulics Engineering: nuclear power plant emergency core cooling systems, and performance analysis.
The SMEs must have completed comprehensive training for performance of services similar to those required herein. Training may be in the form of completion of an accredited technical program in a related field or on-the-job training It is the responsibility of The Contractor to assign personnel who have the required educational background, experience, or combination thereof to meet both technical and regulatory objectives of the work specified in this Statement of Work (SOW). The NRC will rely on representations made by The Contractor concerning the qualifications of the personnel assigned to this project including assurance that all information contained in the technical and cost proposals, including resumes, is accurate and truthful.
C.8 Applicable Documents and Standards The following regulations and guidance are applicable to this task order and can be found at http://www.nrc.gov/reading-rm/doc-collections. If necessary, any references that are not available at this website will be provided to the contractor by the COR.
- 1. NUREG-1379, NRC Editorial Style Guide.
- 2. 10 CFR 50 Appendix A General Design Criteria 44, "Cooling Water;"
- 3. NUEG-0800, Standard Review Plan, Sections 9.2.5 and 15.0.2
- 4. RG 1.27, Revision 2, Ultimate Heat Sink for Nuclear Power Plants
- 5. NUREG-0693, Analysis of Ultimate Heat Sink Cooling Ponds C.9 Place of Performance The work to be performed under this task order will be performed at Center for Nuclear Waste Regulatory Analyses (CNWRA) facilities.
C.10 Contractor Travel No Travel Required Page 13
31310018D0002/31310021F0003 C.11 Special Considerations Technical Directions The COR may issue Technical Directions (TDs) from time to time throughout the duration of this task order. These TDs must be within scope of the task order SOW and shall not constitute new assignments of work or changes of such a nature as to constitute a change to the task order cost or period of performance. Any modifications to the scope of work, cost, or period of performance of this task order must be issued by the CO and will be coordinated with the COR.
The COR may issue TDs for the purpose of making adjustments or clarifications to the timing and performance of the tasks and/or the delivery schedule of the documents within this task order. In the event that the contractor believes that any of these TDs have an impact in terms of changing the scope, cost or period of performance of the task order, prior to taking action on the TD in question, the contractor shall immediately inform the task order CO and request appropriate guidance prior to taking action on the TD in question.
Release of Publications Any documents generated by the contractor under this task order shall not be released for publication or dissemination without CO and COR prior written approval.
Security Requirements This task order does involve the contractor to access, possess, store or generate Sensitive Unclassified Information (SUNSI).
Work on this task order involves the handling of documents that contain proprietary information.
The Contractor shall safeguard documents containing proprietary information against unauthorized disclosure. After completion of work, The Contractor must either destroy the documents or return them to the NRC. If they are destroyed, please confirm this in an e-mail to the COR with a copy to the CO and include the date and manner in which the documents were destroyed.
Data Rights The NRC shall have unlimited rights to and ownership of all deliverables provided under this contract/order, including reports, recommendations, briefings, work plans and all other deliverables. All documents and materials, to include the source codes of any software, produced under this contract/order are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by The Contractor without prior written authorization from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
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31310018D0002/31310021F0003 D - Packaging and Marking D.1 PACKAGING AND MARKING (a) The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.
(b) On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
(c) Additional packaging and/or marking requirements are as follows: N/A.
D.2 BRANDING The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor must acknowledge that information in its documentation/presentation.
Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Reactor Regulation, under Contract/order number 31310018D0002/31310021F0003.
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31310018D0002/31310021F0003 E - Inspection and Acceptance E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRC Contracting Officers Representative (COR) at the destination, accordance with FAR 52.247 F.o.b. Destination.
Contract Deliverables:
Refer to Section C.6 Deliverables and Delivery Schedule Page 16
31310018D0002/31310021F0003 F - Deliveries or Performance F.1 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
- a. Contracting Officer Representative:
Refer to Section G.1 CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY
- b. Contracting Officer (CO) (1 electronic copy)
F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)
This order shall commence on December 23, 2020 and will expire on May 31, 2021.
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31310018D0002/31310021F0003 H - Special Contract Requirements H.1 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (JUL 2016)
The contractor must identify all individuals selected to work under this contract. The NRC Contracting Officers Representative (COR) shall make the final determination of the level, if any, of IT access approval required for all individuals working under this contract/order using the following guidance. The Government shall have full and complete control and discretion over granting, denying, withholding, or terminating IT access approvals for contractor personnel performing work under this contract/order.
The contractor shall conduct a preliminary security interview or review for each employee requiring IT level I or II access and submit to the Government only the names of candidates that have a reasonable probability of obtaining the level of IT access approval for which the employee has been proposed. The contractor shall pre-screen its applicants for the following:
(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of any military courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7) years.
The contractor shall make a written record of its pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (e)), and have the employee verify the pre-screening record or review, sign and date it. The contractor shall supply two (2) copies of the signed contractor's pre-screening record or review to the NRC Contracting Officers Representative (COR), who will then provide them to the NRC Office of Administration, Division of Facilities and Security, Personnel Security Branch with the employees completed IT access application package.
The contractor shall further ensure that its personnel complete all IT access approval security applications required by this clause within fourteen (14) calendar days of notification by the NRC Contracting Officers Representative (COR) of initiation of the application process. Timely receipt of properly completed records of the pre-screening record and IT access approval applications (submitted for candidates that have a reasonable probability of obtaining the level of security assurance necessary for access to NRC's IT systems/data) is a requirement of this contract/order. Failure of the contractor to comply with this requirement may be a basis to terminate the contract/order for cause, or to offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the contractor.
SECURITY REQUIREMENTS FOR IT LEVEL I Performance under this contract/order will involve contractor personnel who perform services requiring direct access to or operation of agency sensitive information technology systems or data (IT Level I). The IT Level I involves responsibility for: (a) the planning, direction, and implementation of a computer security program; (b) major responsibility for the direction, planning, and design of a computer system, including hardware and software; (c) the capability to access a computer system during its operation or maintenance in such a way that could cause or that has a relatively high risk of causing grave damage; or (d) the capability to realize a significant personal gain from computer access.
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31310018D0002/31310021F0003 Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officers Representative (COR). Temporary IT access may be approved by DFS/PSB based on a favorable review or adjudication of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably review or adjudication of a completed background investigation. However, temporary access authorization approval will be revoked and the employee may subsequently be denied IT access in the event the employees investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officers Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor shall assign another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When an individual receives final IT access approval from DFS/PSB, the individual will be subject to a reinvestigation every ten (10) years thereafter (assuming continuous performance under contracts/orders at NRC) or more frequently in the event of noncontinuous performance under contracts/orders at NRC.
CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record, and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the individual being authorized to perform work under this contract/order requiring access to sensitive information technology systems or data. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level I access. The Contractor shall submit the documents to the NRC Contracting Officers Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB review of the contractor employees security forms and/or the receipt of adverse information by NRC, the contractor individual may be denied access to NRC facilities and sensitive information technology systems or data until a final determination is made by DFS/PSB. The contractor individuals clearance status will thereafter be communicated to the contractor by the NRC Contracting Officers Representative (COR) regarding the contractor persons eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level I contractors shall be subject to the attached NRC Form 187 and SF-86. Together, these furnish the basis for providing security requirements to contractors that have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems, remote development and/or analysis of sensitive information technology systems or data, or other access to such systems and data; access on a continuing basis (in excess more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.
SECURITY REQUIREMENTS FOR IT LEVEL II Page 19
31310018D0002/31310021F0003 Performance under this contract/order will involve contractor personnel that develop and/or analyze sensitive information technology systems or data or otherwise have access to such systems or data (IT Level II).
The IT Level II involves responsibility for the planning, design, operation, or maintenance of a computer system and all other computer or IT positions.
Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officers Representative (COR). Temporary access may be approved by DFS/PSB based on a favorable review of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably adjudication. However, temporary access authorization approval will be revoked and the contractor employee may subsequently be denied IT access in the event the employee's investigation cannot be favorably adjudicated.
Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officers Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor is responsible for assigning another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When a contractor employee receives final IT access approval from DFS/PSB, the individual will be subject to a review or reinvestigation every ten (10) years (assuming continuous performance under contract/order at NRC) or more frequently in the event of noncontinuous performance under contract/order at NRC.
CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the contractor employee being authorized to perform work under this contract/order. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level II access. The Contractor shall submit the documents to the NRC Contracting Officers Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB review of the contractor employees security forms and/or the receipt of adverse information by NRC, the contractor employee may be denied access to NRC facilities, sensitive information technology systems or data until a final determination is made by DFS/PSB regarding the contractor persons eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to the attached NRC Form 187, SF-86, and contractor's record of the pre-screening. Together, these furnish the basis for providing security requirements to contractors that have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems, remote development and/or analysis of sensitive information technology systems or data, or other access to such systems or data; access on a continuing Page 20
31310018D0002/31310021F0003 basis (in excess of more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.
CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notify the NRC Contracting Officers Representative (COR) by telephone so that the access review may be promptly discontinued. The notification shall contain the full name of the contractor employee and the date of the request. Telephone notifications must be promptly confirmed by the contractor in writing to the NRC Contracting Officers Representative (COR),
who will forward the confirmation to DFS/PSB. Additionally, the contractor shall immediately notify the NRC Contracting Officers Representative (COR) in writing, who will in turn notify DFS/PSB, when a contractor employee no longer requires access to NRC sensitive automated information technology systems or data, including the voluntary or involuntary separation of employment of a contractor employee who has been approved for or is being processed for IT access.
The contractor shall flow the requirements of this clause down into all subcontracts and agreements with consultants for work that requires them to access NRC IT resources.
H.2 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared N/A. Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.
The Contracting Officer will transmit the NRC Contracting Officers Representatives (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.
Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.
The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information, to the contractor's Project Manager for their records as soon as practicable after it has been finalized. The completed evaluation report also will be used as a tool to improve communications between the NRC and the contractor and to improve contract performance.
The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of the report already.
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31310018D0002/31310021F0003 H.3 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (MARCH 2019)
The following Contractor employees, subcontractor personnel, and consultants proposed for performance or performing under this contract shall be subject to pre-assignment, random, reasonable suspicion, and post-accident drug testing: (1) individuals who have access to classified information (National Security Information and/or Restricted Data); (2) individuals who have access to Safeguards information (section 147 of the Atomic Energy Act of 1954, as amended); (3) individuals who are authorized to carry firearms while performing work under this contract; (4) individuals who are required to operate government vehicles or transport passengers for the NRC; (5) individuals who are required to operate hazardous equipment at NRC facilities; (6) individuals who administer the agencys drug program or who have Employee Assistance Program duties; (7) individuals who have unescorted access to vital or protected areas of Nuclear Power Plants, Category 1 Fuel Cycle Facilities, or Uranium Enrichment Facilities; or (8) incident/emergency response personnel (including on-call).
H.4 KEY PERSONNEL. (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work hereunder:
- The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.
(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.
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31310018D0002/31310021F0003 H.5 2052.204-70 SECURITY. (OCT 1999)
(a) Security/Classification Requirements Form. The attached NRC Form 187 (See List of Attachments) furnishes the basis for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractual relationship that requires access to classified information or matter, access on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.
(b) It is the contractor's duty to safeguard National Security Information, Restricted Data, and Formerly Restricted Data. The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding National Security Information, Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract upon completion or termination of this contract.
(1) The contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained if the retention is:
(i) Required after the completion or termination of the contract; and (ii) Approved by the contracting officer.
(2) The certification must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.
(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. The contractor agrees to hold the information in confidence and not to directly or indirectly duplicate, disseminate, or disclose the information, in whole or in part, to any other person or organization except as necessary to perform the work under this contract. The contractor agrees to return the information to the Commission or otherwise dispose of it at the direction of the contracting officer. Failure to comply with this clause is grounds for termination of this contract.
(d) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Facilities and Security and the Contracting Officer. These changes will be under the authority of the FAR Changes clause referenced in Section I of this document.
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31310018D0002/31310021F0003 (e) Definition of National Security Information. As used in this clause, the term National Security Information means information that has been determined pursuant to Executive Order 12958 or any predecessor order to require protection against unauthorized disclosure and that is so designated.
(f) Definition of Restricted Data. As used in this clause, the term Restricted Data means all data concerning design, manufacture, or utilization of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy, but does not include data declassified or removed from the Restricted Data category under to Section 142 of the Atomic Energy Act of 1954, as amended.
(g) Definition of Formerly Restricted Data. As used in this clause the term Formerly Restricted Data means all data removed from the Restricted Data category under Section 142-d of the Atomic Energy Act of 1954, as amended.
(h) Security clearance personnel. The contractor may not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required. The contractor shall also execute a Standard Form 312, Classified Information Nondisclosure Agreement, when access to classified information is required.
(i) Criminal liabilities. Disclosure of National Security Information, Restricted Data, and Formerly Restricted Data relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the contractor or any person under the contractor's control in connection with work under this contract, may subject the contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12958.)
(j) Subcontracts and purchase orders. Except as otherwise authorized, in writing, by the contracting officer, the contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.
(k) In performing contract work, the contractor shall classify all documents, material, and equipment originated or generated by the contractor in accordance with guidance issued by the Commission. Every subcontract and purchase order issued under the contract that involves originating or generating classified documents, material, and equipment must provide that the subcontractor or supplier assign the proper classification to all documents, material, and equipment in accordance with guidance furnished by the contractor.
(End of Clause)
H.6 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)
(a) The contracting officer's authorized representative (hereinafter referred to as the COR) for this contract is:
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31310018D0002/31310021F0003 Name: David Nold Address: U.S. Nuclear Regulatory Commission Washington, DC 20555 Phone: 301-415-2273/ Email: David.Nold@nrc.gov (b) Performance of the work under this contract is subject to the technical direction of the NRC COR. 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, authorizes travel which was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work (SOW) or changes to specific travel identified in the SOW), fills in details, or otherwise serves to accomplish the contractual SOW.
(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 reports, drawings, specifications, and technical information to 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 COR 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.
(2) Constitutes a change as defined in the "Changes" clause of this contract.
(3) In any way causes an increase or decrease in the total 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 COR or must be confirmed by the COR in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel, which has received final approval from the NRC must be furnished to the contracting officer.
(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within the COR's authority under the provisions of this clause.
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31310018D0002/31310021F0003 (f) If, in the opinion of the contractor, any instruction or direction issued by the COR is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause.
(g) Any unauthorized commitment or direction issued by the COR 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 Disputes.
(i) In addition to providing technical direction as defined in paragraph (b) of the section, the COR 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.
(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
(4) Assist the contractor in obtaining the badges for the contractor personnel.
(5) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail) when a contractor employee no longer requires access authorization and return of any NRC issued badge to SB/DFS within three days after their termination.
(6) Ensure that all contractor employees that require access to classified Restricted Data or National Security Information or matter, access to sensitive unclassified information (Safeguards, Official Use Only, and Proprietary information) access to sensitive IT systems or data, unescorted access to NRC controlled buildings/space, or unescorted access to protected and vital areas of nuclear power plants receive approval of SB/DFS prior to access in accordance with Management Directive and Handbook 12.3.
(7) For contracts for the design, development, maintenance or operation of Privacy Act Systems of Records, obtain from the contractor as part of closeout procedures, written certification that the contractor has returned to NRC, transferred to the successor contractor, or destroyed at the end of the contract in accordance with instructions provided by the NRC Systems Manager for Privacy Page 26
31310018D0002/31310021F0003 Act Systems of Records, all records (electronic or paper) which were created, compiled, obtained or maintained under the contract.
(End of Clause)
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31310018D0002/31310021F0003 I - Contract Clauses I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)
(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.
(c) Work for others.
(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the audit, inspection, or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate) except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.
(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.
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31310018D0002/31310021F0003 (ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.
(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, that it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government.
(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.
(e) Access to and use of information.
(1) If, in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:
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31310018D0002/31310021F0003 (i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.
(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C.
Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.
(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.
(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.
(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.
(1) If the contractor under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to Page 30
31310018D0002/31310021F0003 perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.
(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.
(End of Clause)
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31310018D0002/31310021F0003 J - List of Documents, Exhibits and Other Attachments Attachment Title Date Number 1 NRC FORM 187 12/08/2020 Page 32