ML22032A332

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Task Order No. 31310022F0013 Under Contract No. 31310018D0002
ML22032A332
Person / Time
Issue date: 02/01/2022
From: Jennifer Dudek
Acquisition Management Division
To: Maldonado P
Southwest Research Institute
References
31310018D0002
Download: ML22032A332 (24)
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Text

DATE OF ORDER 2

ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION CONTRACT NO.

AMOUNT UNIT PRICE UNIT QUANTITY ORDERED SUPPLIES/SERVICES ITEM NO.

MPORTANT: Mark all packages and papers with contract and/or order numbers.

ORDER NO.

QUANTITY ACCEPTED 02/01/2022 31310022F0013 PAGE NO (a)

(b)

(c)

(d)

(e)

(f)

(g) 31310018D0002 CONTRACTOR ACCEPTANCE OF TASK ORDER 31310022F0013:

Acceptance of Task Order No. 31310022F0013 under Contract No. 31310018D0002 should be made by having an official, authorized to bind your organization, execute two copies of this document in the space provided and return one copy to the Contracting Officer.

You should retain the other copy for your records.

Accepted Task Order No. 31310022F0013 under Contract No. 31310018D0002:

Signature Name Title Date Task Order Base and All Options: $228,449.00 Task Order Exercised Amount:

Task Order Obligation Amount: $30,000.00 Accounting Info:

2022-X0200-FEEBASED-60-60D001-60B106-1014-17 161-251B-17-6-161-1014 Period of Performance: 02/01/2022 to 03/29/2023 Prescribed by GSA FAR (48 CFR) 53.213(f)

OPTIONAL FORM 348 (Rev. 4/2006)

AUTHORIZED FOR LOCAL REPODUCTION PREVIOUS EDITION NOT USABLE TOTAL CARR ED FORWARD TO 1ST PAGE (ITEM 17(H))

$0.00

31310018D0002/31310022F0013 Page 3 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.......................................................................................................6 C.1 STATEMENT OF WORK....................................................................................................6 D - Packaging and Marking.........................................................................................................13 D.1 PACKAGING AND MARKING..........................................................................................13 D.2 BRANDING.......................................................................................................................13 E - Inspection and Acceptance....................................................................................................14 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)........................................14 F - Deliveries or Performance.....................................................................................................15 F.1 PLACE OF DELIVERY-REPORTS...................................................................................15 F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)...........................15 G - Contract Administration Data................................................................................................16 G.1 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) -

ALTERNATE I (OCT 1999).....................................................................................................16 H - Special Contract Requirements.............................................................................................17 H.1 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS......................17 H.2 KEY PERSONNEL. (JAN 1993).......................................................................................17 H.3 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

.................................................................................................................................................18 I - Contract Clauses.....................................................................................................................21 I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993).......................................................................................................................................21 I.2 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM.

(MAR 1989).............................................................................................................................24

31310018D0002/31310022F0013 Page 5 20001Optional Task (Task 3)

TOTAL $

$228,449.00 Total Estimated Cost and Fixed-Fee breakdown by cost element for the base period, option period 1, and optional task is presented below.

DESCRIPTION Estimated Amount Base Period (Date of Award -

March 29, 2023)

Estimated Amount Option Period 1 (March 30, 2023 March 29, 2024)

Estimated Amount Optional Task (Task 3)

Total Estimated Costs Inclusive of Options Labor Other Costs-Consultants Travel Subtotal Indirect Cost Pool (includes Fringe, Overhead, G&A, Facilities Capital, and Material Handling on Subcontractor)

Total Estimated Costs Fixed-Fee Total Estimated Costs and Fixed-Fee

$228,449.00

31310018D0002/31310022F0013 Page 6 C - Description/Specifications C.1 STATEMENT OF WORK Technical Assistance for RG 1.92 Response Spectrum Analysis Methods C.1 Background U.S. Nuclear Regulatory Commission (NRC) Regulatory Guide (RG) 1.92, Combining Modal Responses and Spatial Components in Seismic Response Analysis, provides guidance on acceptable response spectrum analysis (RSA) methods for seismic analysis and design of structures, systems, and components (SSCs) important to the safety of nuclear power plants (NPPs), as required by General Design Criterion (GDC) 2, Design Bases for Protection against Natural Phenomena, of Appendix A, General Design Criteria for Nuclear Power Plants, to Title 10 of the Code of Federal Regulations (CFR) Part 50, Domestic Licensing of Production and Utilization Facilities. The current RG 1.92, Revision 3 issued in 2012, was an administrative update with no technical changes to Revision 2 that was issued in 2006. Periodic review of RG 1.92 Revision 3 in 2018 identified technical issues that warrant addressing in a future revision, including the development of more rigorous benchmarking of the combination methods and consideration of hard-rock-high-frequency seismic input response spectra.

Subsequently, the NRCs Office of Nuclear Reactor Regulation (NRR) requested the Office of Nuclear Regulatory Research (RES) to conduct analyses to address the identified issues and revise RG 1.92 accordingly. The work required in this Statement of Work (SOW) is part of the overall RES confirmatory research under the NRR user need, and the goal of the work is to help address the applicability of the RG 1.92 response spectrum analysis (RSA) methods to typical hard-rock, high-frequency (HRHF) spectral shapes at many sites in the Central and Eastern U.S. (CEUS).

The current RSA methods described in RG 1.92 are suitable for the spectral shapes provided in RG 1.60, Design Response Spectra for Seismic Design of Nuclear Power Plants, which have characteristics significantly different from the CEUS HRHF seismic inputs. The RG 1.60 spectral shapes are characterized by several structural response regions: periodic, transition from periodic to rigid, transition from rigid to max peak ground acceleration, and peak ground acceleration. RG 1.92 provides combination rules to combine periodic modes and rigid modes that are consistent with the characteristics of RG 1.60 spectra. In other words, the RSA methods in RG 1.92 rely on the existence of a zero period acceleration (ZPA) frequency and clearly defined periodic and rigid regions in the input response spectrum.

However, for most hard-rock sites in CEUS, the seismic energy shifts towards much higher frequencies than the RG 1.60 spectral shape, as documented in Generic Safety Issue 199, or GI-199, Implications of Updated Probabilistic Seismic Hazard Estimates in Central and Eastern United States." The CEUS HRHF spectral shapes also do not exhibit a clear ZPA frequency.

The current guidance on RSA methods does not capture these characteristics of the HRHF spectral shapes for these CEUS sites as identified by GI-199. Therefore, RES is investigating whether the structural response characterization associated with RG 1.60 type spectral shape in the current RSA methods can be extended to the HRHF spectral shapes, and appropriate technical positions will be developed to determine whether and to what extent these RSA methods can apply to the CEUS HRHF site conditions.

31310018D0002/31310022F0013 Page 7 Extending RG 1.92 to HRHF site conditions affords future applicants with more effective RSA methods therefore avoiding the use of complex and often technically contentious time history methods. Additionally, because IEEE Std 344-2013 refers to RG 1.92 for guidance on component seismic qualifications by analysis, updating RG 1.92 to include HRHF site conditions will also close the technical gap for the IEEE Std 344-2013 provision on the seismic qualifications by analysis.

C.2 Objective The objective of this task order is to obtain expert technical assistance to assist the NRC staff in performing the analytical research to expand the scope of RG 1.92 to cover HRHF input response spectral shapes at many sites of CEUS. The contractor shall advise the NRC staff on approaches, model selection and benchmark process for the evaluation of the RG 1.92 RSA methods, and the development of new or enhanced methods if necessary.

C.3 Scope of Work Task 1 - Project Management (Base Period and Option Period 1)

The contractor shall provide project management support during the entire period of performance of this task order. This project management support is needed to ensure consistent reporting of activities and spending as well as ensure schedules are met. Tasks may include establishing and managing consulting agreements and subcontracts, Organizational Conflict of Interest (OCOI) evaluations, periodic reporting, and interactions with the NRC staff.

One annual meeting is required each year for the contractor Program Manager (PM), NRC Task Order Contracting Officers Representative (COR), and technical leads to discuss work being performed under the task order. Monthly letter status reports (MLSRs) will be required as discussed in Section C.4.

The Contractor shall participate in a kick-off meeting with the COR and other NRC technical staff to discuss the scope of work, expectations, project management, deliverables, and performance requirements of the task order. The kick-off meeting shall be scheduled within 10 working days of task order award.

The Contractor shall prepare a written summary of the meeting that includes, at a minimum, the following information: (1) identification of meeting participants from the NRC and Contractor, (2) minutes of the meeting that clearly describe the substance of the meeting, and (3) any action items and decisions noted during the meeting.

Task 2 - Assistance for RSA Method Evaluation and Development Task 2.1 - Establish an Expert Panel for RSA Methods (Base Period)

In coordination with the NRC COR and staff, the contractor shall identify and establish an expert panel of individuals with requisite expertise on and knowledge of response spectrum analysis methods for structures, systems, and components in nuclear power plants. In addition to the qualifications for the subject matter experts, these individuals should be familiar with the NRC regulatory framework for addressing the seismic safety and possess the communication skills necessary for articulating the technical basis and criteria that will inform the RG 1.92 update.

31310018D0002/31310022F0013 Page 8 The contractor shall propose an expert panel in the proposal and prepare a technical letter report to summarize the panel after the kickoff meeting. The report shall document the qualifications of the panel members and contain a statement of commitment from each member to participate. The COR will review and provided comments and/or concurrence.

Task 2.2 - Evaluation of Current RG 1.92 Guidance on RSA Methods for CEUS HRHF Seismic Response Spectra (Base Period and Option Period 1)

The contractor/expert panel shall assist the staff in identifying potential technical elements that may affect the applicability of the current RSA methods to the CEUS HRHF seismic response spectral shapes, and use the insights gained to guide the development or selection of appropriate models for benchmarking the RSA methods. Previous works useful for this project include NUREG/CR-6645, Reevaluation of Regulatory Guidance on Modal Response Combination Methods for Seismic Response Spectrum Analysis, and NUREG/CR-6661, Benchmark Program for the Evaluation of Methods to Analyze Non-Classically Damped Coupled Systems. The contactor/expert panel is also expected to consider additional published references on more recent advances in RSA methods.

The contractor/expert panel is expected to support the following activities:

  • Assembling a set of potential theoretical or technical elements that may have direct impact on the current RG 1.92 RSA methods being applicable to the CEUS HRHF seismic input spectral shapes.
  • Applying these elements to guide the development of one or more reference models and the establishment of analytical procedures to conduct the benchmarking process. Because the objective of the reference solution is to benchmark RSA methods, the reference model should not consider the soil-structure interaction effects for the purpose of computational efficiency. As structural elements are less prone to high-frequency effects, mechanical equipment, such as piping, may be more appropriately considered in the reference models. The seismic analysis for the reference model should be based on a generally recognized methodology (e.g., probabilistic linear time history analyses or use of the random vibration theory (RVT) method).
  • Periodic panel meetings, in person or virtual, to assist the staff to develop and carry out a benchmark process to determine the applicability of existing RSA methods to CEUS HRHF characteristic spectral input. A combination of RES staff and voluntary RSA developers and practitioners can carry out the benchmark analyses for the established RSA methods. During this process, they may develop or identify enhancements or new RSA methods.
  • Review of staff-prepared materials and provide written feedback.
  • Assisting the staff to use the insights gleaned from the benchmark analyses to develop applicable technical positions for applying the RSA methods to CEUS HRHF spectral inputs, for incorporation in the next revision to RG 1.92.

The deliverables shall include review comments, emails, verbal communications, or progress reports, as appropriate, to document the outcomes and recommendations from the above activities and inputs for the update of RG 1.92.

Task 3 - Support the NRC Staff in Communications and Public Meetings (Optional Task)

If needed, the contractor/expert panel shall participate and support public meetings with stakeholders and communications on the technical basis for staff positions. The expert panel

31310018D0002/31310022F0013 Page 9 shall also support the NRC staff to engage industry groups (NEI, EPRI), DOE and the public to address comments on proposed staff positions, and support briefings to ACRS if needed.

C.4 Reporting Requirements Monthly Letter Status Report (MLSR)

The contractor shall provide a Monthly Letter Status Report (MLSR) 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.

  • If no work was performed during the prior month, the Contractor shall not prepare and submit an MLSR.

C.5 Deliverables and Delivery Schedule The contractor shall adhere to the following schedule for submission of deliverables to be provided under this task order:

Section #

Deliverable Due Date Format Submit to C.3 Task 1: Kick-off meeting summary 10 business days after completion of kick-off meeting Electronic copy generated in MS Word COR C.3 Task 2.1 :

Technical letter report summarizing the expert panel 10 business days after completion of kick-off meeting Electronic copy generated in MS Word COR C.3 Task 2.2 Review of staff-prepared materials 10 business days or as requested by the NRC COR (more specific and significant review works are listed below)

Track Changes in MS Word and MS Word document for substantial comments or discussion COR C.3 Task 2.2 Draft report summarizing potential theoretical or technical elements and recommendations of one or more 2 months after kick-off meeting MS Word document COR

31310018D0002/31310022F0013 Page 10 reference models and general recommendations for the benchmark process C.3 Task 2.2 Draft report summarizing the expert review of the benchmark process and results and draft recommendations for technical positions for regulatory guide 30 business days after receiving staff prepared/assembled materials MS Word document COR C.3 Task 2.2: Final report summarizing expert review of regulatory positions and technical basis 15 business days after receiving staff prepared document MS Word document COR C.3 Task 3: Meeting summaries 15 business days after receiving NRC comments MS Word document COR C.4 Monthly Letter Status Report 20th of the following month Word Document CO/COR All deliverables shall include the following identifying information:

Contract No.

Task Order No.

The COR will review all draft deliverables (and coordinate any internal NRC staff review and external stakeholder input, if needed) and provide comments back to the Contractor. When mutually agreed upon between the Contractor and the COR, the Contractor may submit preliminary or partial drafts to help gauge the Contractors understanding of the particular work requirement.

The deliverables shall be provided electronically in Microsoft Word (with no restrictions on document editing) and in hard copy (upon request) to the COR. The MLSR shall also be delivered to the Contracting Officer.

The COR will acknowledge receipt of deliverables by e-mail.

C.6 Personnel, Qualifications, & Requirements

1. Program Manager (Key Personnel)

The Contractor shall provide a Program Manager who shall be responsible for the performance of the work. The Program Manager shall have full authority to act for the Contractor on all

31310018D0002/31310022F0013 Page 11 contract/order matters relating to daily operation of this order. The Program Manager shall have at a minimum, B.S. in science or engineering with at least 6 years of project management experience or M.S. in science or engineering with at least 4 years of project management experience, and experience in NRC seismic guidance and process. The Program Manager shall also have significant experience with program or project management and NRC regulatory requirements. The Program Manager will support all the Tasks.

2. Subject Matter Expert(s)

The Contractor shall provide an appropriate number and staff of qualified Subject Matter Experts (SMEs) who shall be responsible for the performance of the work and the task assignments for this order. The SMEs shall include:

Seismic Response Spectrum Analyst (Senior): The contractor shall provide two senior staff or consulting SME with specific expertise in seismic response spectrum analysis methods including an understanding of NRC seismic regulations and guidance. These SME shall support all tasks.

3. Administrative Support Staff Experience in providing office support, such as word processing to generate technical reports.

C.7 Applicable Documents and Standards The contractor shall comply with the following applicable regulations, publications, manuals, and local policies and procedures:

1. NUREG-1379, NRC Editorial Style Guide.

http://pbadupws.nrc.gov/docs/ML0932/ML093280744.pdf

2. NUREG/CR-6645, Reevaluation of Regulatory Guidance on Modal Response Combination Methods for Seismic Response Spectrum Analysis, 1999.
3. NUREG/CR-6661, Benchmark Program for the Evaluation of Methods to Analyze Non-Classically Damped Coupled Systems, 2000.
4. RG 1.60, Design Response Spectra for Seismic Design of Nuclear Power Plants, Revision 2, 2014.
5. RG 1.92, Combining Modal Responses and Spatial Components in Seismic Response Analysis, Revision 3, 2012.

C.8 Place of Performance Work shall be performed at the contractors facilities, except for travel as identified in Section C.9.

C.9 Contractor Travel At the discretion of the NRC COR, meetings at NRC Headquarters, Rockville Maryland may be required. For purposes of preparing a proposal, assume the following meetings and travel requirements at NRC Headquarters, Rockville Maryland:

Task Purpose Fiscal Year Contract Period

  1. of Trips
  1. of Travelers
  1. of Days

31310018D0002/31310022F0013 Page 12 2 Discuss results 2022 Base Period 1

3 2

2 Discuss results 2023 Option Period 1 1

3 2

3 *Support staff in communication and public meetings 2024 Option Period 1 1

3 2

The contractor shall request and obtain written approval from the COR before incurring any travel costs. The contractor shall be authorized travel expenses consistent with the Federal Travel Regulations and the limitation of funds for this task order.

C.10 Section 508 - Information and Communication Technology Accessibility -

N/A C.11 Security Requirements Work under this task order will be UNCLASSIFIED. This task order does not involve the contractor to access, possess, store or generate Sensitive Unclassified Information (SUNSI).

C.12 Government-Furnished Property N/A C.13 License Fee Recoverable Work under this task order is non-fee recoverable.

31310018D0002/31310022F0013 Page 13 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 31310018D0002 / 31310022F0013.

31310018D0002/31310022F0013 Page 14 E - Inspection and Acceptance E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRC Contracting Officers Representative (COR) at the destination, accordance with FAR 52.247 F.o.b. Destination.

(End of Clause)

31310018D0002/31310022F0013 Page 15 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 Officers Representative (COR)

Refer to Section H.3 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 task order shall commence on Date of Award and will expire on March 29, 2023. The term of this task order may be extended at the option of the Government for additional one-year Option Period. If exercised,Section I.8 Clause 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000) in the base contract is applicable.

Base Period:

Date of Award through March 29, 2023 Option Period:

March 30, 2023 through March 29, 2024 (End of Clause)

31310018D0002/31310022F0013 Page 16 G - Contract Administration Data NRCAR Clauses Incorporated By Full Text G.1 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) - ALTERNATE I (OCT 1999)

(a) Total expenditure for travel may not exceed $6,759.00 without the prior approval of the contracting officer.

(b) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval of Official Foreign Travel, and must be in compliance with FAR 52.247-63 Preference for U.S. Flag Air Carriers. The contractor shall submit NRC Form 445 to the NRC no later than 30 days prior to the commencement of travel.

(c) The contractor will be reimbursed only for travel costs incurred that are directly related to this contract and are allowable subject to the limitations prescribed in FAR 31.205-46.

(d) It is the responsibility of the contractor to notify the contracting officer in accordance with the FAR Limitations of Cost clause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor to exceed the travel ceiling amount identified in paragraph (a) of this clause.

(e) Reasonable travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, must be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.

  • To be incorporated into any resultant contract (End of Clause)

31310018D0002/31310022F0013 Page 17 H - Special Contract Requirements NRC Local Clauses Incorporated by Full Text H.1 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared. Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.

The Contracting Officer will transmit the NRC Contracting Officers Representatives (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.

The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information, to the contractor's Project Manager for their records as soon as practicable after it has been finalized. The completed evaluation report also will be used as a tool to improve communications between the NRC and the contractor and to improve contract performance.

The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of the report already.

H.2 KEY PERSONNEL. (JAN 1993)

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

1) Program Manager:
2) Principal Investigator
  • The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.

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

31310018D0002/31310022F0013 Page 18 subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

NRCAR Clauses Incorporated By Full Text H.3 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: Jinsuo Nie Address: U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 Mail Stop: TWFN 08D36 Phone: 301-415-6417 E-mail: Jinsuo.Nie@nrc.gov NRC Alternate COR:

Name: Ramón Gascot-Lozada Address: U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 Mail Stop: TWFN 08D32 Phone: 301-415-2004 E-mail: Ramon.GascotLozada@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

31310018D0002/31310022F0013 Page 19 (i.e., travel not contemplated in the Statement of Work (SOW) or changes to specific travel identified in the SOW), fills in details, or otherwise serves to accomplish the contractual SOW.

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

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

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

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

(2) Constitutes a change as defined in the "Changes" clause of this contract.

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

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

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

(d) All technical directions must be issued in writing by the COR or must be confirmed by the COR in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel, which has received final approval from the NRC must be furnished to the contracting officer.

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

(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.

31310018D0002/31310022F0013 Page 20 (h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto is subject to 52.233 Disputes.

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

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

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

(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.

(4) Assist the contractor in obtaining the badges for the contractor personnel.

(5) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail) when a contractor employee no longer requires access authorization and return of any NRC issued badge to SB/DFS within three days after their termination.

(6) Ensure that all contractor employees that require access to classified Restricted Data or National Security Information or matter, access to sensitive unclassified information (Safeguards, Official Use Only, and Proprietary information) access to sensitive IT systems or data, unescorted access to NRC controlled buildings/space, or unescorted access to protected and vital areas of nuclear power plants receive approval of SB/DFS prior to access in accordance with Management Directive and Handbook 12.3.

(7) For contracts for the design, development, maintenance or operation of Privacy Act Systems of Records, obtain from the contractor as part of closeout procedures, written certification that the contractor has returned to NRC, transferred to the successor contractor, or destroyed at the end of the contract in accordance with instructions provided by the NRC Systems Manager for Privacy Act Systems of Records, all records (electronic or paper) which were created, compiled, obtained or maintained under the contract.

(End of Clause)

31310018D0002/31310022F0013 Page 21 I - Contract Clauses NRCAR Clauses Incorporated By Full Text I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:

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

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

(c) Work for others.

(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.

(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the audit, inspection, or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate) except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.

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

(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site,

31310018D0002/31310022F0013 Page 22 (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.

(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.

31310018D0002/31310022F0013 Page 23 (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; (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

31310018D0002/31310022F0013 Page 24 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.

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

(End of Clause)

FAR Clauses Incorporated By Full Text I.2 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM.

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance of the task order. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

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