ML21250A307
| ML21250A307 | |
| Person / Time | |
|---|---|
| Issue date: | 09/03/2021 |
| From: | Jennifer Dudek Acquisition Management Division |
| To: | Williams J Information Systems Labs |
| References | |
| 31310019D0002 | |
| Download: ML21250A307 (31) | |
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.
09/03/2021 31310019D0002 31310021F0038 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY ORDERED PRICE ACCEPTED (a) (b) (c) (d) (e) (f) (g) 31310019D0002 are not applicable to this task order:
- 1) FAR 52.227-16 ADDITIONAL DATA REQUIREMENTS. (JUN 1987); and
- 2) FAR 52.248-1 VALUE ENGINEERING. (OCT 2010)
CONTRACTOR ACCEPTANCE OF TASK ORDER:
Acceptance of Task Order No. 31310021F0038 under contract No. 31310019D0002 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. 31310021F0038 under Contract No. 31310019D0002:
Signature Name Title Date Task Order Ceiling: $312,674.62 Task Order Obligation Amount: $312,647.62 Period of Performance: Date of Award through May 31, 2022 Accounting Info:
2021-X0200-FEEBASED-60-60D003-60B301-1145-11 174-252A-11-6-174-1145 Period of Performance: 09/03/2021 to 05/31/2022 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)
31310019D0002/31310021F0038 B - Supplies or Services/Prices .....................................................................................................4 B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION.......................................................4 B.2 CONSIDERATION AND OBLIGATION-TASK ORDERS....................................................4 B.3 PRICE/COST SCHEDULE..................................................................................................4 C - Description/Specifications .......................................................................................................5 C.1 STATEMENT OF WORK ....................................................................................................5 D - Packaging and Marking .........................................................................................................13 D.1 PACKAGING AND MARKING ..........................................................................................13 D.2 BRANDING .......................................................................................................................13 F - Deliveries or Performance .....................................................................................................14 F.1 PLACE OF DELIVERY-REPORTS ...................................................................................14 F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)...........................14 G - Contract Administration Data ................................................................................................15 G.1 ELECTRONIC PAYMENTS (DEC 2017) - ALTERNATE 1..............................................15 H - Special Contract Requirements.............................................................................................16 H.1 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (JUL 2016)........................................................................................16 H.2 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES ..........................................................................................................................19 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)
.................................................................................................................................................19 H.4 KEY PERSONNEL. (JAN 1993) .......................................................................................20 H.5 2052.204-70 SECURITY. (OCT 1999)..............................................................................20 H.6 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993) .......................................................................................................................................22 H.7 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)
.................................................................................................................................................26 I - Contract Clauses.....................................................................................................................29 I.1 52.227-17 RIGHTS IN DATA--SPECIAL WORKS. (DEC 2007) ........................................29 J - List of Documents, Exhibits and Other Attachments ..............................................................31 Page 3
31310019D0002/31310021F0038 B - Supplies or Services/Prices B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION (a) The title of this project is: PARCS Code Suite Maintenance, Development, and User Support (b) Summary work description:
The objective of this acquisition is to obtain regulatory technical support with the maintenance, code support, assessment, development, and user training of the PARCS and GenPMAXS codes and the interface of PARCS with SNAP. The contractor shall provide the necessary personnel, management, materials, equipment, administrative and technical services as outlined in the Statement of Work.
B.2 CONSIDERATION AND OBLIGATION-TASK ORDERS (a) The ceiling of this order for services is $312,674.62 (Costs of and Fee of (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 $$312,674.62 (Costs of and Fee of ). 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 CLIN Description Amount 00001Estimated Cost 00002Fixed-Fee TOTAL $312,674.62 Page 4
31310019D0002/31310021F0038 C - Description/Specifications C.1 STATEMENT OF WORK PARCS Code Suite Maintenance, Development, and User Support Contents C.1 Background C.2 Objective C.3 Scope of Work C.4 Reporting Requirements - Monthly Letter Status Report (MLSR)
C.5 Deliverables and Delivery Schedule C.6 Required Labor Categories C.7 Data Rights C.8 Section 508 - Information and Communication Technology Accessibility C.9 Incremental Development for Software C.10 Place of Performance C.11 Contractor Travel C.12 Applicable Publications (Current Editions)
C.13 Security Requirements C.14 License Fee Recoverable C.1 Background The U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Regulatory Research (RES), Division of Safety Analysis (DSA) has responsibility for the development, testing, assessment, maintenance, and user support of the NRC's thermal-hydraulic (T/H) and neutronics computer codes (such as PARCS).
PARCS (Purdue Advanced Reactor Core Simulator) is a computer code that solves the time-dependent two-group neutron diffusion equation in three-dimensional Cartesian geometry using nodal methods to obtain the steady-state and transient neutron flux distribution. The code may be used in the analysis of reactivity-initiated accidents in light-water reactors where spatial effects may be important. It exists both as a stand-alone program and as a separate computational module coupled to other thermal-hydraulic codes. In this latter context, the source code for PARCS is tightly integrated with TRAC/RELAP Advanced Computational Engine (TRACE). PARCS may also be run in a coupled mode with RELAP5 using a looser coupling technology called the Generic Interface (GI). Associated with PARCS is the GenPMAXS code which is used for converting macroscopic cross-sections generated by lattice physics codes like SCALE/TRITON, SCALE/Polaris, CASMO, or HELIOS into a form readable by PARCS, along with a generalized capability to construct a cross section case matrix with consideration for nodal burnup history effects and nodal state parameterizations.
The PARCS code supports independent regulatory decision making in that it allows staff and contractors to develop core physics models to confirm that core behavior is within safety limits for general steady-state operation and for a range of plant transients. PARCS is specifically used as a tool in confirmatory safety reviews of power plant operator actions, core designs, power uprates, and license amendments. This is done for both design certifications and License Page 5
31310019D0002/31310021F0038 Amendment Requests (LARs).
For the context of this work, and when not directly coupled to TRACE or RELAP, PARCS is maintained in a larger, standalone form for quasi-steady-state fuel cycle analysis, with consideration for fuel shuffle schemes over multiple fuel cycles. In standalone form, PARCS also maintains a basic T/H-to-neutronic feedback capability through its coupling with the PATHS (BWRs/PWRs) code, along with an even simpler mass-energy based T/H solver that is specific to PWRs. When maintained in this standalone configuration, PARCS has its own version control system, regression test suite, and set of assessments problems. GenPMAXS is also maintained in its own version control system with a test suite segmented by all of the lattice physics codes that it supports. There is also a corresponding Perl-based regression harness that is used to test and interrogate the conversion of SCALE/TRITON cross sections from t16 format to PMAXS format in a systematic and visual manner.
C.2 Objective The objective of this acquisition is to obtain regulatory technical support with the maintenance, code support, assessment, development, and user training of the PARCS and GenPMAXS codes and the interface of PARCS with SNAP. The contractor shall provide the necessary personnel, management, materials, equipment, administrative and technical services as outlined in this Statement of Work.
C.3 Scope of Work The contractor shall provide the following services for the PARCS code suite: configuration control, the correction of code errors, documentation updates, the development of test problems, and user support to the NRC, its contractors, and members of CAMP and the domestic user community.
PARCS and GenPMAXS code changes shall be tested on a variety of compiler/operating system combinations. The following compilers shall be used during maintenance and development of both of the PARCS and GenPMAXS source codes:
Windows (Microsoft Visual Studio/Intel Visual Fortran)
Linux (gfortran, Intel, NAG, Portland Group)
The contractor shall ensure that the above compilers and platforms are in place for the entire period of performance, and that these compilers are maintained at their most current release levels throughout the contract. The Contracting Officers Representative (COR) may require the contractor to extend support to other compiler/operating system combinations that are not listed as a result of changing priorities.
SPECIFIC SUBTASKS:
3.1: Task 1 - PARCS/PATHS Code Maintenance Subtask 1.1: Identify Code Bugs The contractor shall identify all code bugs and maintain them in a bug report document which, at a high level, summarizes code errors received from all PARCS/PATHS users (bugs, Page 6
31310019D0002/31310021F0038 unexplained behavior, and documentation problems). This document shall include the following information for each bug: a summary description of the bug; the date the bug was reported; the user or organization who reported the bug; and the status of the bug (i.e. in what code version the bug was discovered).
Subtask 1.2: Perform Code Fixes Under COR technical direction, the contractor shall make changes to the collective PARCS/PATHS source code in response to bugs reported by the COR and all other PARCS/PATHS users, as captured in the bug report under Subtask 1.1.
Upon COR direction, the contractor shall also update the LaTeX(lua)/python-based code documentation (PARCS Input, Theory, User Guide, and MAPTAB manuals and PATHS Input and Theory manuals) as the result of the correction of typos, the elimination of features that are no longer supported in the code, or the desire of users to make the documentation more clear and relevant, which may be included in the bug report.
Any PARCS/PATHS source code changes made as a result of code bugs shall be tested against the PARCS regression test suite before being checked into the code version control system. New test problems that are added to the PARCS or GenPMAXS test suites as a result of the correction of code bugs shall be documented in the HyperText Markup Language (HTML) summary file. The contractor shall modify the run scripts for the test suite as a result of any test problem additions, changes, or deletions, and shall modify the build scripts as a result of any additions, changes, or deletions to the source code.
The contractor shall create new versions of PARCS in response to code bug corrections. These different code versions shall be maintained using a version control system methodology, and this methodology shall have the ability to retrieve previously released code versions. Each retrieved code version shall contain enough information such that it can be a self-contained distribution (an archive).
Subtask 1.3: Prepare TRACE Updates At a frequency determined by the COR, the contractor shall prepare a TRACE update for submittal to the TRACE website. This update shall include the revised PARCS source code (and the revised TRACE source code, if necessary), a list of the differences between code versions embedded in text files, new test problems formulated to test the code update, revised code documentation, and the results of automated testing against the TRACE regression suite.
3.2: Task 2 - PARCS/PATHS Code Support As directed by the COR, the contractor shall provide analysis and consultation support related to PARCS/PATHS and GenPMAXS. This support shall include, but is not limited to: guidance on PARCS use, GenPMAXS, explanations of the algorithms that are coded into PARCS/PATHS, develop PARCS/PATHS models or GenPMAXS models, interpret results, or explain underlying physics phenomena or algorithms, explanations of the input format, or guidance on best-practices (how to approach a problem), the interpretation of any associated lattice physics models or PMAXS cross section libraries that are affiliated with the core model, performing pre-analysis scoping studies, and responding to code user questions and comments provided to the Page 7
31310019D0002/31310021F0038 contractor by the COR. Analysis and consultation support may require the preparation of summaries, emails, or revised input decks, as well as participation in NRC meetings.
3.3: Task 3 - PARCS/PATHS Code Development Upon COR direction and prioritization, the contractor shall perform any PARCS/PATHS source code development that may be necessary as a result of user feedback, future RES program needs, regulatory user needs, and CAMP needs. This code development shall not be limited to code fixes, but shall be broadly applied to significant code changes that support user convenience (e.g., improved error checking and advanced editing options), code robustness and speed (e.g., linear solver upgrades and changes and advanced neutronic methods),
significant modeling enhancements, or utility codes or scripts that support PARCS/PATHS code use.
Any PARCS/PATHS source code changes made as a result of code enhancements or modeling changes shall be tested against the PARCS regression test suite before being checked-in to the code version control system. The contractor shall modify the run scripts for the test suite as a result of any test problem additions, changes, or deletions, and shall modify the build scripts as a result of any additions, changes, or deletions to the source code. The contractor shall revise the LaTeX(lua)/python-based code documentation (PARCS Input, Theory, User Guide, and MAPTAB manuals and PATHS Input and Theory manuals), to reflect the code development activity.
Subtask 3.1: Perform Code Development The contractor shall implement code development features into the PARCS code distribution (i.e., source code, build scripts, test problems, and code documentation (as applicable), etc.) as directed by the COR.
Subtask 3.2: Prepare Completion Report The contractor shall prepare a Completion Report (CR) that documents the programming effort.
Specifically, the report shall summarize the methodology, software, and user changes, and shall include calculation results that demonstrate the changed coding.
Subtask 3.3: Prepare TRACE Updates A matching TRACE update (that envelopes the PARCS code changes completed in Subtasks 3.1 through 3.3) shall be prepared by the contractor for submittal to the TRACE website. This update shall include the new PARCS source code (and new TRACE source code, if necessary),
the differences between code versions embedded in text files, new test problems formulated to test the code update, code documentation, and the results of automated testing against the TRACE regression suite.
3.4: Task 4 - GenPMAXS Code Support and Maintenance The contractor shall provide technical support and code maintenance for GenPMAXS to assure the consistency and accuracy of the cross section data that feeds PARCS.
Page 8
31310019D0002/31310021F0038 Subtask 4.1: Maintain GenPMAXS in a Version Control System The contractor shall maintain GenPMAXS in a version control system, each version being retrievable as a self-contained unit. Along with each version the contractor shall store the build system (MSVS workspaces, Linux and windows make files, and source), the test suite (test problems and run scripts), and the code documentation. The GenPMAXS code documentation shall include a manual describing the use and methodology behind GenPMAXS, as well as a document describing known issues.
Subtask 4.2: Correct GenPMAXS Bugs The contractor shall correct bugs resulting from the use of GenPMAXS for reading in cross section data supplied by the lattice physics codes. Any new test problems that are added to the GenPMAXS test suite as a result of the correction of code bugs shall be documented in the GenPMAXS manual.
C.4 Reporting Requirements - Monthly Letter Status Report (MLSR)
The contractor shall provide a Monthly Letter Status Report which consists of a technical progress report and financial status report. This report will be used by the Government to assess the adequacy of the resources proposed by the contractor to accomplish the work contained in this SOW and provide status of contractor progress in achieving activities and producing deliverables. The report shall include order summary information, work completed during the specified period, milestone schedule information, problem resolution, travel plans, and staff hour summary.
C.5 Deliverables and Delivery Schedule Section Submit Deliverable Due Date Format
- to 3.1, Subtask Bug Report 20th of the following MS Word Document COR 1.1 month Tarball or SecureZIP Archive Within 5 business days of 3.1, PARCS/PATHS the completion of code Transmitted via e-mail, Subtask COR Code Distribution checked-in PARCS code TRACE Website or other 1.2 version mechanism specified by the COR Tarball or SecureZIP Archive 3.1, TRACE Update Within 15 business days Transmitted via e-mail, Subtask COR Distribution of COR request TRACE Website or other 1.3 mechanism specified by the COR Code Support Within 10 business days Documentation follows 3.2 COR Documentation of the COR request guidance from COR (email or Page 9
31310019D0002/31310021F0038 MS Word document or revised input deck)
Tarball or SecureZIP Archive 3.3, Within 60 business days PARCS/PATHS Transmitted via e-mail, Subtask of technical direction by COR Distribution TRACE Website or other 3.1 COR mechanism specified by the COR Within 25 business days MS Word Document 3.3, of completion of the Subtask Completion Report COR programming effort in Document follows guidance in 3.2 Task 3.2 NUREG-1737 Tarball or SecureZIP Archive 3.3, Within 10 business days TRACE Code Transmitted via e-mail, Subtask of the completion of Task COR Update TRACE Website or other 3.3 3.1 mechanism specified by the COR Tarball or SecureZIP Archive 3.4, GenPMAXS Within 5 business days Transmitted via e-mail, Subtask Distribution to after checking in the COR TRACE Website or other 4.2 COR GenPMAXS version mechanism specified by the COR C.4 Monthly Report 20th of the following MS Word Document CO/COR MLSR month C.6 Required Labor Categories Labor Minimum Qualification Requirement Category Completion of graduate level courses in numerical methods, neutronic methods, reactor physics, and thermal-hydraulics Knowledge of core nuclear analysis algorithms and application; nuclear analysis methods development; numerical algorithms for the solution of systems of Principal equations; and the numerical methods and algorithms which make up PARCS Engineer Knowledge of FORTRAN, DOS, and Linux; knowledge of software engineering and software quality assurance (SQA)
Knowledge of using LaTeX (lualatex)/python to maintain PARCS documentation Completion of graduate level courses in numerical methods, neutronic methods, Engineer reactor physics, and thermal-hydraulics Page 10
31310019D0002/31310021F0038 Knowledge of core nuclear analysis algorithms and application; nuclear analysis methods development; numerical algorithms for the solution of systems of equations; and the numerical methods and algorithms which make up PARCS Knowledge of the PARCS/PATHS source code and the GenPMAXS source code Knowledge of nuclear analysis code structure, algorithms, and code compilation/build systems Experience in coding with modern FORTRAN standards and in working with DOS, Linux, UNIX, and scripting languages such as Perl and Python; experience in software engineering and software quality assurance (SQA)
Experience with the following lattice physics packages: HELIOS, CASMO, SCALE/TRITON, SCALE/Polaris, SCALE/Shift, and Serpent Knowledge of using LaTeX (lualatex)/python to maintain PARCS documentation Experience performing quasi-steady state, fuel cycle calculations with PARCS/PATHS Experience in using PARCS/PATHS to model cores with advanced fuel forms (Accident Tolerant Fuel)
Experience in adding advanced fuel thermo-mechanical capabilities to PARCS/PATHS Experience in testing GenPMAXS versions within the Perl-based regression testing harness Experience in mounting PARCS onto a version control system (such as CVS and SVN) and making changes and modifications to the version control system Experience developing and maintaining python scripts to compare PARCS/PATHS versions to measured detector power responses as part of PARCS/PATHS assessment Experience in developing/maintaining bash scripts to regression test PARCS/PATHS versions Experience in developing TRACE updates for changes to PARCS source Experience in developing input decks to test PARCS/PATHS features C.7 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 Page 11
31310019D0002/31310021F0038 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 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. The definition of unlimited rights is contained in Federal Acquisition Regulation (FAR) 27.401, Definitions. FAR clause at FAR 52.227-14, Rights in Data-General, is included in this contract/order.
C.8 Section 508 - Information and Communication Technology Accessibility N/A C.9 Incremental Development for Software The Contractor shall use an incremental build model for software development. The Agency defines an incremental build model as a method of software development where the product is designed, implemented, and tested incrementally, with increasing functionality and/or capability added in each increment until the product is finished.
C.10 Place of Performance The work to be performed under this contract shall be primarily performed at the contractors site.
C.11 Contractor Travel None C.12 Applicable Publications (Current Editions)
The contractor shall comply with the following applicable regulations, publications, manuals, and local policies and procedures:
- NUREG-1737: Software Quality Assurance Procedures for NRC Thermal Hydraulic Codes C.13 Security Requirements Management Directive 12.6 - MD 12.6 - NRC Sensitive Unclassified Information Security Program (SUNSI-Proprietary), IT Level II clearance.
C.14 License Fee Recoverable All the tasks listed in this SOW are NOT license fee recoverable.
Page 12
31310019D0002/31310021F0038 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 Regulatory Research, under Contract/order number 31310019D0002 / 31310021F0038.
Page 13
31310019D0002/31310021F0038 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 H.7 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)
- b. Contracting Officer (CO) (1 electronic copy)
(End of Clause)
F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)
This order shall commence on Date of Award and will expire on 05/31/2022.
Page 14
31310019D0002/31310021F0038 G - Contract Administration Data NRC Local Clauses Incorporated by Full Text G.1 ELECTRONIC PAYMENTS (DEC 2017) - ALTERNATE 1 The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled Payment by Electronic Funds Transfer-System for Award Management.
To receive payment, the contractor shall prepare invoices in accordance with NRCs Billing Instructions. Claims shall be submitted on the payees letterhead, invoice, or on the Governments Standard Form 1034, Public Voucher for Purchases and Services Other than Personal, and Standard Form 1035, Public Voucher for Purchases Other than Personal -
Continuation Sheet. The preferred method of submitting invoices is electronically to:
NRC@fiscal.treasury.gov .
Page 15
31310019D0002/31310021F0038 H - Special Contract Requirements NRC Local Clauses Incorporated by Full Text 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 Page 16
31310019D0002/31310021F0038 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.
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 17
31310019D0002/31310021F0038 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 18
31310019D0002/31310021F0038 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 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to the Whistleblower Employee Protection public law provisions as codified at 42 U.S.C.
5851. NRC contractor(s) and subcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and the implementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24 entitled: Your Rights Under the Energy Reorganization Act.
(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor and subcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or other employment discrimination practices with respect to compensation, terms, conditions or privileges of their employment because the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage in unlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic Energy Act of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).
(c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performed under this contract.
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 Page 19
31310019D0002/31310021F0038 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.
(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.
Page 21
31310019D0002/31310021F0038 (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 2052.209-72 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 Page 22
31310019D0002/31310021F0038 (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.
(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.
Page 23
31310019D0002/31310021F0038 (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:
(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; Page 24
31310019D0002/31310021F0038 (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 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.
Page 25
31310019D0002/31310021F0038 (2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.
(End of Clause)
H.7 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:
Name: Nathanael Hudson Address: U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 Phone: 301-415-2182 E-mail: Nathanael.Hudson@nrc.gov Alternate COR:
Name: Christopher Murray Address: U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 Phone: 301-415-2349 E-mail: Christopher.Murray@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.
Page 26
31310019D0002/31310021F0038 (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.
(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.
Page 27
31310019D0002/31310021F0038 (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 Act Systems of Records, all records (electronic or paper) which were created, compiled, obtained or maintained under the contract.
(End of Clause)
Page 28
31310019D0002/31310021F0038 I - Contract Clauses FAR Clauses Incorporated By Full Text I.1 52.227-17 RIGHTS IN DATA--SPECIAL WORKS. (DEC 2007)
(a) Definitions. As used in this clause--
Data means recorded information, regardless of form or the media on which it may be recorded.
The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.
(b) Allocation of Rights. (1) The Government shall have--
(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause.
(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause.
(iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause.
(2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract.
(c) Copyright--(1) Data first produced in the performance of this contract. (i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government.
(ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the Page 29
31310019D0002/31310021F0038 assignment of, the copyright to the Government or its designated assignee.
(2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C.
401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause.
(d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.
(e) Removed.
(End of clause)
Page 30
31310019D0002/31310021F0038 J - List of Documents, Exhibits and Other Attachments Number Attachment Title Date of Number Pages Attachment No. 1: NRC Form 187 - CONTRACT 1 SECURITY AND/OR CLASSIFICATION 08/23/2021 4 REQUIREMENTS Page 31