ML21333A020

Task Order No. 31310022F0001 Under Contract No. 31310018D0011

ML21333A020
Person / Time
Issue date:	11/29/2021
From:	Jeffrey Mitchell Acquisition Management Division
To:	Beckman Associates
References
31310018D0011
Download: ML21333A020 (21)

Text

PAGE OF PAGES ORDER FOR SUPPLIES OR SERVICES IMPORTANT: Mark all packages and papers with contract and/or order numbers. 1 21

1. DATE OF ORDER 2. CONTRACT NO. (If any) 6. SHIP TO:

31310018D0011

a. NAME OF CONSIGNEE

3. ORDER NO. 4. REQUISITION/REFERENCE NO.

NUCLEAR REGULATORY COMMISSION 31310022F0001 NRR-22-0004

5. ISSUING OFFICE (Address correspondence to) b. STREET ADDRESS US NRC - HQ WAREHOUSE ACQUISITION MANAGEMENT DIVISION 4934 BOILING BROOK PARKWAY MAIL STOP TWFN-07B20M WASHINGTON DC 20555-0001

c. CITY d. STATE e. ZIP CODE ROCKVILLE MD 20852

7. TO: f. SH P VIA

a. NAME OF CONTRACTOR BECKMAN ASSOCIATES INC 8. TYPE OF ORDER

b. COMPANY NAME

a. PURCHASE X b. DELIVERY

c. STREET ADDRESS REFERENCE YOUR:

1071 STATE RTE 136 SUITE 20 Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is Please furnish the following on the terms issued subject to the terms and and conditions specified on both sides of conditions of the above-numbered

d. CITY e. STATE f. Z P CODE this order and on the attached sheet, if contract.

BELLE VERNON PA 150122926 any including delivery as indicated.

9. ACCOUNTING AND APPROPRIATION DATA 10. REQUISITION NG OFFICE See Schedule OFF OF NUCLEAR REACTOR REGULATION

11. BUS NESS CLASS FICATION (Check appropriate box(es)) 12. F.O B. POINT X a. SMALL b. OTHER THAN SMALL c. DISADVANTAGED d. WOMEN-OWNED e. HUBZone

f. SERVICE-DISABLED g. WOMEN-OWNED SMALL BUS NESS (WOSB)

h. EDWOSB VETERAN-OWNED ELIGIBLE UNDER THE WOSB PROGRAM

13. PLACE OF 14. GOVERNMENT B/L NO. 15. DELIVER TO F.O B. POINT 16. DISCOUNT TERMS ON OR BEFORE (Date)

a. INSPECTION b. ACCEPTANCE Destination Destination 30

17. SCHEDULE (See reverse for Rejections)

QUANTITY UNIT QUANTITY ITEM NO. SUPPLIES OR SERVICES ORDERED UNIT PRICE AMOUNT ACCEPTED (a) (b) (c) (d) (e) (f) (g)

Accounting Info 2022-X0200-FEEBASED-20-20D003-1054-11-5-139-251A 11 5 139 1054 Period of Performance: 01/01/2022 to 12/31/2022

18. SHIPPING POINT 19. GROSS SHIPPING WEIGHT 20. INVOICE NO. 17(h)

TOTAL (Cont.

pages)

21. MAIL INVOICE TO:

a. NAME $0.00 FISCAL ACCOUNTING PROGRAM SEE BILLING INSTRUCTIONS b. STREET ADDRESS ADMIN TRAINING GROUP AVERY STREET A3-G ON REVERSE (or P.O. Box)

BUREAU OF THE FISCAL SERVICE 17(i)

GRAND PO BOX 1328 TOTAL

c. CITY d. STATE e. Z P CODE

$1,150,694.98 PARKERSBURG WV 26106-1328

22. UNITED STATES OF 23. NAME (Typed) 11/29/2021 AMERICA BY (Signature) JEFFREY R. MITCHELL TITLE: CONTRACTING/ORDER NG OFFICER AUTHORIZED FOR LOCAL REPRODUCTION OPTIONAL FORM 347 (Rev. 2/2012)

PREVIOUS EDITION NOT USABLE Prescribed by GSA/FAR 48 CFR 53.213(f)

31310018D0011/31310022F0001 B - Supplies or Services/Prices .....................................................................................................4 B.1 NRC SPECIFIC INFORMATION.........................................................................................4 B.2 BRIEF PROJECT TITLE AND WORK DESCRIPTION.......................................................4 B.3 CONSIDERATION AND OBLIGATIONCOST-PLUS-FIXED-FEE ALTERNATE I ..........4 B.4 PRICE/COST SCHEDULE..................................................................................................5 C - Description/Specifications .......................................................................................................6 C.1 STATEMENT OF WORK ....................................................................................................6 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 PAYMENT (DEC 2017) ............................................................................15 H - Special Contract Requirements.............................................................................................16 H.1 CONTRACTOR CONDUCT (APRIL 2020).......................................................................16 H.2 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORTS OR THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS (JUL 2016)...............................................................................................................................16 H.3 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES ..........................................................................................................................17 H.4 GREEN PURCHASING (SEP 2015 )................................................................................17 H.5 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS ....................................................................................18 H.6 KEY PERSONNEL. (JAN 1993) .......................................................................................18 H.7 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

.................................................................................................................................................19 Page 2

31310018D0011/31310022F0001 Page 3

31310018D0011/31310022F0001 C - Description/Specifications C.1 STATEMENT OF WORK STATEMENT OF WORK C.1 STATEMENT OF WORK Fee Recoverable: All cost is fee recoverable.

C.2 Title of Project Technical Assistance to Support Design Engineering Inspection Services.

C.3 Background The U.S. Nuclear Regulatory Commission (NRC) was created as an independent Agency by Congress in 1974 to enable the nation to safely use radioactive materials for beneficial civilian purposes while ensuring that people and the environment are protected. The NRC regulates commercial nuclear power plants and other uses of nuclear materials, such as in nuclear medicine, through licensing, inspection, and enforcement of its requirements. The NRCs headquarters are in Rockville, Maryland, and the NRC has four regional offices located in: King of Prussia, PA; Atlanta, GA; Lisle, IL; and Arlington, TX.

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to support NRC Design Engineering Inspections as defined in this Statement of Work (SOW). The contractor shall perform to the standards in this contract.

In accordance with the baseline inspection portion of the Reactor Oversight Process (ROP), the NRC inspects the design and operation of nuclear power reactor plants. These inspections sometimes require contractor technical support.

Design Bases Assurance (DBA) inspections are the primary inspection under this contract. They verify that design bases have been correctly implemented for the selected risk-significant components and that operating procedures and operator actions are consistent with design and licensing bases. This ensures that selected samples can perform their safety functions.

In addition to the DBA inspections, contract technical support may be required for other inspections of design and operations including (but not limited to): fire protection; supplemental inspections at plants which experience degraded performance; and reactive inspections (such as augmented inspection teams and special Inspections).

Since 1982, the NRC has had various design engineering inspection programs that required contractor assistance to supplement staff resources. These have included integrated design inspections, safety system functional inspections, electrical distribution system functional inspections, service water system operational performance inspections, safety systems design and performance capability, fire protection inspections, and Component Design Basis Inspections.

The NRC has found it beneficial to form inspection teams, which include technical assistance from contractors with current nuclear plant experience. These inspections usually start with design Page 6

31310018D0011/31310022F0001 requirements and follow the plant implementation through plant operations and maintenance practices.

Specific inspection requirements will be defined per task order under this contract, with authorized maximum levels of effort specified per task order. The schedule for the inspections will be provided by the Contracting Officers Representative (COR). The contractor shall coordinate with the NRC in providing qualified contractor inspectors to support the NRCs regional inspection teams.

C.4 Objective The objective of this acquisition is to obtain contractor support for conducting inspections for evaluating the design and operation of nuclear power reactor plants.

C.5 Scope of Work/Tasks The contractor shall provide technical support to the NRC for inspections, which will be assigned by the NRCs Contracting Officer (CO) through issuance of task orders. Inspections shall be performed in accordance with applicable inspection procedures (IPs), such as IP 71111.21M, "Design Bases Assurance Inspection (Team), which is a publicly available document accessible at:

https://www.nrc.gov/docs/ML1634/ML16340B000.pdf.

The NRC Regional Team Leader (RTL) or COR will issue guidance to the contractor inspectors during the inspection. The following is a summary of the scope of work:

For planning purposes, contractor support for DBAs inspections is required at St. Lucie, Sequoyah, Harris, Braidwood, Brunswick, Palo Verde, Watts Bar, Catawba, Cook, South Texas, Robinson, Browns Ferry, Fermi, and LaSalle. For LaSalle, the inspection will require one electrical contractor. For Watts Bar, the inspection will require one electrical contractor and one mechanical contractor. For St. Lucie and Brunswick, the inspections will each require two mechanical contractors. For Sequoyah, Harris, Braidwood, Palo Verde, Catawba, Cook, South Texas, Robinson, Browns Ferry, and Fermi, each inspection will require one mechanical contractor.

Optional Inspections may cover unscheduled design engineering and operations inspections.

Typically, there will be a maximum of two optional inspections per year. The scope and schedule of these inspections will be defined in each separate task order. The task order for optional inspections will contain inspection elements like those stated in the tasks section below.

The anticipated locations, dates, number of contractor inspectors and hours per individual per inspection needed for each inspection are summarized as follows:

Inspection Dates Resources Inspections 2 mechanical St. Lucie 02/21-03/21/2022 contractors 1 Mechanical Sequoyah 02/21-03/21/2022 contractor 1 mechanical Harris 04/04-05/02/2022 contractor Page 7

31310018D0011/31310022F0001 Inspection Dates Resources Inspections 1 mechanical Braidwood 04/11-05/13/2022 contactor 2 Mechanical Brunswick 04/18-05/16/2022 contractors 1 electrical and 1 Watts Bar 05/30-06/27/2022 mechanical contractors 1 mechanical Catawba 05/16-06/13/2022 contractor 1 mechanical Cook 06/20-07/22/2022 contractor 1 mechanical South Texas 07/18-08/01/2022 contractor 1 mechanical Robinson 07/18-08/15/2022 contractor 1 mechanical Browns Ferry 07/11-08/08/2022 contractor 1 mechanical Fermi 08/01-09/02/2022 contractor LaSalle 09/12-10/14/2022 1 Electrical contractor 1 mechanical Palo Verde 11/28-12/12/2022 contractor At the discretion of the NRC, inspections may be conducted onsite or remotely, such as in circumstances where access to the site is not feasible (e.g. mandatory travel restrictions imposed due to a local or nationwide pandemic). Access to internet service is required (especially if performing a remote inspection). Internet should have enough speed and bandwidth to support videoconferences, large file transfers, etc.

Task 1- Attend Post Award Conference and Meetings The contractor shall attend a post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The CO, CORs, and other Government personnel, as appropriate, may request meetings (alternately conference calls) with the contractor to review the contractor's performance. These will occur only when necessary and determined by the COR.

At these meetings the CO will apprise the contractor of how the government views the contractor's performance and the contractor shall apprise the Government of problems, if any, being experienced with contract performance. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

The contractor shall be required to meet annually with the COR and CO after the start of this contract.

Additional meetings will be scheduled by the COR, as needed. The contractor may request meetings whenever an outstanding issues(s) exists and no mutual resolution is apparent.

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31310018D0011/31310022F0001 Task 2- Perform DBA Inspection Element 1 - Contractor Inspector Prerequisites:

Requirement: Prior to the scheduled start date of the inspection, the contractor shall assign contractor inspectors (key personnel) to the inspection(s). The contractor shall ensure that the assigned key personnel have completed all site access requirements including all web-based training specified by the COR or by the licensee, including psychological assessments, drug testing, and specified continuing training requirements. Exceptions must be approved by the COR.

Standard: Contractor inspectors shall meet all applicable site access requirements, including specified continuing training requirements.

Deliverable: The contractor shall send the COR a notification via email that confirms the contractor inspectors have met all applicable site access requirements.

Due: The contractor shall notify the COR via email prior to starting Task 3, if there are any problems with the contractor inspectors obtaining site access.

Task 3- Perform DBA Inspection Element 2 - Inspection Preparations:

Requirement: The contractor inspectors shall prepare for inspections for five business days, divided between the regional office and the inspectors home offices. The RTL will coordinate the location of the inspection preparations with the inspectors. Inspection preparation shall be performed in accordance with the applicable IP (e.g., IP 71111.21M). If required by the RTL, the contractor shall prepare an inspection plan in accordance with the guidance provided by the RTL Standard: The inspection plan shall be prepared in accordance with IP 71111.21M and RTL instructions.

Deliverable: If required, the contractor shall submit the inspection plan to the RTL for approval.

Due: The contractor inspector shall electronically submit the inspection plan to the RTL in accordance with the RTL instructions and specified due date.

Task 4- Perform DBA Inspection Element 3 - Conduct Onsite Inspections:

Requirement: The contractor inspectors shall, under the direction of the RTL conduct remote and/or onsite inspections in accordance with the applicable inspection procedures, as directed by the RTL and the task order issued describing the specific work. The contractor inspectors shall verbally report inspection progress and identified deficiencies to the RTL during daily team meetings.

Standard: All inspections shall be conducted in accordance with IPs referenced in the task order defining the inspection(s). All written notes documenting the contractor inspectors results shall be accurate, legible, and contain no spelling or grammatical errors.

Deliverable: The contractor inspectors shall submit written notes in Microsoft Word, documenting inspection results. The contractor inspectors shall document any issues of concern, which shall include the following: 1) statements which describe the issue of concern; 2) NRC or industry requirement to which the licensee is not in compliance; and 3) safety significance of the noncompliance. In addition, the Page 9

31310018D0011/31310022F0001 contractor inspector may be required to present his/her issue of concern to licensee management (i.e.

Technical Debrief and/or Exit Meeting)

Due: The contractor inspectors shall provide the RTL written notes describing all performance deficiencies identified on the due dates set by the RTL.

Task 5- Provide DBA Inspection Element 4 - Home Office Review During In-Between Inspection Weeks:

Requirement: The contractor inspectors shall conduct home office reviews using design basis documentation (drawings, calculations, etc.) and review the results of the inspection at the contractor inspector's home office, in accordance with the approved inspection plan. The contractor shall verbally report the inspection progress to the NRC RTL.

Standard: Verbal progress on home office reviews shall be provided to the NRC RTL as defined in the time period below.

Deliverable: Verbal progress report to the RTL.

Due: The contractor inspectors shall submit the verbal or daily progress report to the RTL daily, as scheduled by the RTL.).

Additional Guidance or

Reference:

Each RTL has a different approach, inspection focus and team expectations. Maintaining regular and open communication with the RTL is highly encouraged.

Task 6- Provide DBA Inspection Element 5 - Documentation of Inspection Results:

Requirement: The contractor inspectors shall provide written input to the NRC inspection report to the RTL in accordance with Inspection Manual Chapter (IMC) 0611, "Power Reactor Inspection Reports" as a Microsoft Word file. The manual is available on the following link:

https://www.nrc.gov/docs/ML1804/ML18043A807.pdf Standard: The contractor inspectors shall provide inspection input as defined in the time period below.

The Inspection Report input shall conform to the requirements provided in IMC 0611 "Power Reactor Inspection Reports and the requirements of the contract.

Deliverable: The contractor inspectors shall submit the Inspection Report input in Microsoft Word format to the RTL.

Due: The contractor inspectors shall electronically submit the Inspection Report input to the RTL within seven calendar days after the inspection exit date. The RTL may extend this due date if additional reviews are needed.

Additional Guidance or

Reference:

After the inspection report input is submitted to the RTL, the contractor inspector shall not perform additional work on the inspection report unless directed by the RTL. The Inspection Report input shall be electronically transmitted directly from the contractor inspector to the RTL.

The contractor inspectors may be required to provide additional inspection input or reviews, which typically require 20-40 hours per instance. A provision for this additional scope will be stated in the task Page 10

31310018D0011/31310022F0001 order describing the inspection(s).

Task orders may be issued by the NRC CO requesting discussions and support for NRC presentations such as answering questions at teleconferences, workshops, or other NRC meetings to describe findings from the DBA inspections over the life of the contract.

Task 7- Optional Inspections:

Task orders may be issued by the NRC CO to request contractor support for other inspections, or to support NRC training needs such as: (1) inspections of plant modifications; (2) supplemental inspections at plants which, experience degraded performance in accordance with the ROP Action Matrix available at the following link:

https://www.nrc.gov/reactors/operating/oversight/actionmatrix-summary.html; (3) reactive inspections such as Augmented Inspection Teams and Special Inspections; (4) Independent Design Verification Programs; (5) Integrated Design Inspections; and (6) Provide design inspection training to NRC inspectors as directed by the COR. As appropriate, the NRC may require support for inspections of design or operations not identified above.

For these inspections or to provide training to NRC inspectors, the contractor may need to pursue key personnel with specific engineering skills that are not available from key personnel previously defined in the contract. The specific engineering skills will be listed with each task order for the optional inspections.

Typically, between a maximum of six of these inspections and one training request shall be required each year of contract performance. These inspections shall be conducted in accordance with the applicable inspection procedure referenced and/or provided with each task order. These inspections may contain the same elements as required above for the DBA inspections. Any differences will be described in the applicable task order issued to request the work.

Task 8 - Consulting Support Standard: At the request of the COR, the contractor inspector shall provide consultation to the NRC in support of inspections.

Deliverable: The contractor inspectors shall provide remote consultation support to the NRC team applicable to the inspection such as:

Insight into any issues or questions posed by the NRC related to engineering principles and operational experiences as applicable. Examples include, guidance to the NRC on engineering issues, questions for the licensee, and any operational experience or previous known issues about the subject SSCs.

Any professional opinions on specific inspection issues. An example includes a reasonableness of a calculation, associated analysis or evaluation.

The RTL will coordinate the sharing of information needed by the contractor inspector to assist the NRC inspector.

Due:

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31310018D0011/31310022F0001 The total hours of support will be authorized by the COR as needed. For planning purposes, assume:

Labor Category Hours Technical Consultant 100 Project Administrator 20 Project Manager 20 The contractor shall provide to the COR documentation of conversations with the RTL and the general subject matter; this may be accomplished via e-mail. All written notes documenting the contractor inspectors results shall be accurate, legible, and contain no spelling or grammatical errors.

Additional Guidance or

Reference:

For remote consultations the RTL shall initiate communication with contractor inspectors by telephone or e-mail.

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31310018D0011/31310022F0001 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: None.

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 31310018D0011/31310022F0001.

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31310018D0011/31310022F0001 G - Contract Administration Data G.1 ELECTRONIC PAYMENT (DEC 2017)

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 through the Invoice Processing Platform (IPP)

(https://www.ipp.gov/). Back up documentation shall be included as required by the NRCs Billing Instructions.

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31310018D0011/31310022F0001 H - Special Contract Requirements H.1 CONTRACTOR CONDUCT (APRIL 2020)

The contractor will ensure that all contractor staff receive anti-harassment training before being granted facility access. The Government reserves the right to deny or restrict facility access for any Contractor employee who engages in any conduct that the agency believes adversely affects the work place. The imposition of a restriction or prohibition shall not excuse the Contractor from performance of obligations under the contract.

H.2 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORTS OR THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS (JUL 2016)

Review and Approval of Reports (a) Reporting Requirements. The contractor/grantee shall comply with the terms and conditions of the contract/grant regarding the contents of the draft and final report, summaries, data, and related documents, to include correcting, deleting, editing, revising, modifying, formatting, and supplementing any of the information contained therein, at no additional cost to the NRC.

Performance under the contract/grant will not be deemed accepted or completed until it complies with the NRCs directions, as applicable. The reports, summaries, data, and related documents will be considered draft until approved by the NRC. The contractor/grantee agrees that the direction, determinations, and decisions on approval or disapproval of reports, summaries, data, and related documents created under this contract/grant remain solely within the discretion of the NRC.

(b) Publication of Results. Prior to any dissemination, display, publication, or release of articles, reports, summaries, data, or related documents developed under the contract/grant, the contractor/grantee shall submit them to the NRC for review and approval. The contractor/

grantee shall not release, disseminate, display or publish articles, reports, summaries, data, and related documents, or the contents therein, that have not been reviewed and approved by the NRC for release, display, dissemination or publication. The contractor/grantee agrees to conspicuously place any disclaimers, markings or notices, directed by the NRC, on any articles, reports, summaries, data, and related documents that the contractor/grantee intends to release, display, disseminate or publish to other persons, the public, or any other entities. The contractor/grantee agrees, and grants, a royalty-free, nonexclusive, irrevocable worldwide license to the government, to use, reproduce, modify, distribute, prepare derivative works, release, display or disclose the articles, reports, summaries, data, and related documents developed under the contract/grant, for any governmental purpose and to have or authorize others to do so.

(c) Identification/Marking of Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information (SGI). The decision, determination, or direction by the NRC that information possessed, formulated or produced by the contractor/grantee constitutes SUNSI or SGI is solely within the authority and discretion of the NRC. In performing the contract/grant, the contractor/grantee shall clearly mark SUNSI and SGI, to include for example, OUO-Allegation Information or OUO-Security Related Information on any reports, documents, designs, data, materials, and written information, as directed by the NRC. In addition to marking the information as directed by the NRC, the contractor shall use the applicable NRC cover sheet Page 16

31310018D0011/31310022F0001 (e.g., NRC Form 461 Safeguards Information) in maintaining these records and documents. The contractor/grantee shall ensure that SUNSI and SGI is handled, maintained and protected from unauthorized disclosure, consistent with NRC policies and directions. The contractor/grantee shall comply with the requirements to mark, maintain, and protect all information, including documents, summaries, reports, data, designs, and materials in accordance with the provisions of Section 147 of the Atomic Energy Act of 1954 as amended, its implementing regulations (10 CFR 73.21), Sensitive Unclassified Non-Safeguards and Safeguards Information policies, and NRC Management Directives and Handbooks 12.5, 12.6 and 12.7.

(d) Remedies. In addition to any civil, criminal, and contractual remedies available under the applicable laws and regulations, failure to comply with the above provisions, and/or NRC directions, may result in suspension, withholding, or offsetting of any payments invoiced or claimed by the contractor/grantee.

(e) Flowdown. If the contractor/grantee intends to enter into any subcontracts or other agreements to perform this contract/grant, the contractor/grantee shall include all of the above provisions in any subcontracts or agreements.

H.3 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.4 GREEN PURCHASING (SEP 2015 )

(a) In furtherance of the sustainable acquisition goals of Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade," products and services provided under this contract/order shall be energy efficient (EnergyStar or Federal Energy Management Program -

FEMP-designated products), water efficient, biobased, environmentally preferable (excluding EPEAT-registered products), non-ozone depleting, contain recycled content, or are non- or low toxic alternatives or hazardous constituents (e.g., non-VOC paint), where such products and Page 17

31310018D0011/31310022F0001 (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.

(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.

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31310018D0011/31310022F0001 (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)

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