ML23116A330

Modification No. 003 to Contract No. 31310022C0009

ML23116A330
Person / Time
Issue date:	03/30/2023
From:	Rachel Glaros Acquisition Management Division
To:
References
31310022C0009
Download: ML23116A330 (1)

Text

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 31310022C0009/P00003 2 30

NAME OF OFFEROR OR CONTRACTOR MIND YOUR BUSINESS INC

ITEM NO. SUPPL ES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F)

Obligated Amount: (Changed)

Contract Exercised Ceiling: (Changed)

Contract Base and All Options Ceiling:

$1,179,727.00 (Unchanged)

Period of Performance: 04/04/2022 to 04/03/2024

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110 31310022C0009

Section B - Continuation Pages was revised as follows.

Summary of Clause Changes:

Clause titled CONSIDERATION AND OBLIGATION-FIRM-FIXED-PRICE is incorporated as follows:

CONSIDERATION AND OBLIGATION-FIRM-FIXED-PRICE

The total Firm-Fixed-Price of this contract is (Base Year and Option Year 1), and the amount presently obligated with respect to the Firm-Fixed-Price portion is. The Contracting Officer's Representative (COR) may place delivery orders for up to the obligated amount. The obligated amount shall, at no time, exceed the contract ceiling. 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 -Contract 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

Clause titled CONSIDERATION AND OBLIGATION-TIME-AND-MATERIALS CONTRACT is incorporated as follows:

CONSIDERATION AND OBLIGATION-TIME-AND-MATERIALS CONTRACT

(a) The ceiling price to the Government for full performance under this contract is (Base Year and Option Year 1).

(b) The contract includes: (1) direct labor hours at specified fixed hourly rates, inclusive of wages, fringe, overhead, general and administrative expenses, and profit, totaling and (2) cost of materials totaling (Travel).

(c) The amount presently obligated by the Government with respect to this contract is

(d) This is an incrementally-funded contract and FAR 52.232 Limitation of Funds applies.

Summary of Clause Changes:

Clause titled STATEMENT OF WORK is incorporated as follows:

STATEMENT OF WORK

1. Background

The Nuclear Regulatory Commission (NRC) discrimination complaint program is a centralized function administered by the Office of Small Business and Civil Rights (SBCR) from its Headquarters office in Rockville, Maryland. NRC has Civil Rights Specialists and Collateral Duty EEO Counselors, assigned to the various Headquarters offices and NRCs four regional offices: Region I located at 475 Allentown Road, King of Prussia, Pennsylvania 19406; Region II located at Marquis One Tower, 245 Peachtree Center Avenue N.E., Suite 1200, Atlanta, GA

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30303; Region III located at 2443 Warrenville Road, Suite 210, Lisle, Illinois 60532; and Region IV located at 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 66011. SBCR is responsible for providing prompt, fair, and impartial consideration and disposition of precomplaint and formal complaints involving claims of employment discrimination and harassment based on race, color, religion, sex (including gender identity, pregnancy and sexual orientation), national origin, age, disability, genetic information, and reprisal raised under Title VII of the Civil Rights Act of 1964, as amended (Title VII), the Age Discrimination in Employment Act (ADEA), the Rehabilitation Act, the Equal Pay Act of 1963 (EPA), as amended, and the Genetic Information Non-discrimination Act (GINA). EEO counseling, mediations and investigations will be conducted in accordance with U.S. Equal Employment Opportunity Commission regulations at Title 29, Code of Federal Regulations (CFR), Part 1614 and accompanying NRC Management Directive 110 (MD-110).

2. Objective

The objective of this contract is to provide non-personnel services to conduct EEO counseling, mediation, investigation services, and draft formal documents for allegations of employment discrimination and harassment based on race, color, sex (including gender identity, pregnancy and sexual orientation), religion, national origin, age, disability, genetic information, and reprisal raised by employees, former employees (where appropriate) and applicants for employment at the NRC.

3. Scope of Work/Tasks

The contractor shall provide all resources (i.e. personnel and material) necessary to accomplish the tasks and provide deliverables described in this statement of work (SOW).

The contractor shall provide the following services described in further detail below:

• EEO Counseling Services

• EEO Investigation Services

• EEO Mediation Services

• EEO Document Processing Services-drafting acceptance/dismissal letters, Final Agency Decisions, or other related case processing documents

The contractor shall perform the above services as directed by the Contracting Officers Representative (COR) in writing. The Contractor must confirm receipt and acceptance of the COR technical direction and notify the COR of the assigned personnel within three business days of receipt of order.

The COR will provide the contractor with the necessary notices, extension forms, and template documents, including: the EEO Counselors Report, acceptance/dismissal letter, and Final Agency Decision referenced below, and any other relevant documents subsequent to contract award.

The contractor shall be responsible for the overall management of the contract, to include planning, coordinating, and maintaining the confidentiality and integrity of NRCs documents and files. In addition, the contractor shall be responsible for sanitizing, writing, editing, typing, copying, assembling, and delivering the required deliverables.

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At the start of this contract, the contractor shall participate in a virtual kickoff meeting with the COR to go over the scope of work, expectations, and contract management. Following the kickoff meeting, the contractor shall submit a summary of the kickoff meeting to the COR within 14 calendar days of the meeting.

TASK 1 CONDUCT EEO COUNSELING SERVICES

The contractor shall conduct an inquiry into class and adverse impact claims of discrimination and harassment, claims in which a conflict of interest or the appearance of a conflict of interest exists, or for claims where such services are required for any other reason such as a lack of existing NRC resources. The contractor will receive and transmit all important documentation through BOX - the Agencys Enterprise File Synchronization and Sharing Tool. It is the contractors responsibility to obtain the counseling forms from BOX at the start of the counseling, and to transmit any document containing PII through BOX and notify the COR. Examples of documentation shared with the contractor at the start of the counseling through BOX includes precomplaint forms, Responsible Management Official contact information, and request for counseling, detailing the claims.

The contractor shall notify all participants, advising them of the contractors authority to conduct telephonic or virtual (video conference) EEO Counseling. The contractor shall advise the participants of their rights and responsibilities throughout the process. During the initial interview with the Counselee, the contractor shall provide the Counselee with a copy of the NRCs pamphlet on the Discrimination Complaint Process and provide an overview of the information in the pamphlet, including the Counselees right to request resolution of their claim through NRCs Alternative Dispute Resolution Program (ADR).

The contractor shall also provide the Counselee a Notice of Rights and Responsibilities and have the Counselee sign (electronic or wet signature) the last page of the Notice to acknowledge receipt. The contractor shall further have the Counselee sign the waiver of anonymity form and indicate on the form whether the Counselee elects to waive anonymity. If the Counselee chooses to remain anonymous, the contractor shall immediately notify the COR, so the SBCR may make appropriate updates in the electronic filing system and to prevent any unauthorized disclosure. The contractor shall submit all signed precomplaint forms within one (1) business day of receiving Counselees signature, regardless of the status of the precomplaint.

If the Counselee requests ADR, the contractor shall return the case to the COR for appropriate action as set forth below. If the Agency declines to participate in ADR, then the COR will return the matter to the contract EEO Counselor to complete traditional EEO Counseling.

If the Agency agrees to ADR, and ADR is elected by the Counselee, and the matter is not resolved during ADR, the COR will notify the contractor so that the contractor may conduct the final interview. The contractor shall submit a draft Notice of Right to File a Formal Discrimination Complaint (NTRF) to the COR for review and approval before issuing the final NTRF to the Counselee. If ADR is not elected by the Counselee, then the COR shall notify the contractor so that traditional EEO counseling may continue.

If the Counselee raises additional claims after the case is assigned to counseling, the contractor

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shall notify the COR in writing within one business day of the additional claims or additional bases of discrimination.

If the Counselee is unresponsive to the contractors requests, the contractor shall notify the COR after two attempts to contact the Counselee. This notification should be done within three (3) business days after the last attempt to contact Counselee.

If there is reason to believe that the matter will not be resolved or completed within the required 30 calendar days, the contractor shall obtain Counselees approval on an Agreement to Extend EEO Counseling Form for a period not to exceed up to an additional 60 calendar days. The contractor shall obtain signatures of the Counselee and the contract EEO counselor on the Agreement to Extend EEO Counseling Form. The contractor shall submit this Agreement to the COR for approval by electronic mail no later than the 25th calendar day of counseling, or within one (1) business day of receiving the extension, whichever is earlier.

The contractor should identify and obtain from the Counselee documentation to support their claims, or obtain the necessary level of detail to formulate the claims of discrimination. For example, in a non-selection complaint, the contractor shall request the Counselee supply a copy of the vacancy announcement at issue, at a minimum. In instances where verifying information is necessary, the contractor shall request the Counselee supply such documentation, and include as an attachment to the Counselors Report discussed below.

If the matter is not resolved within the 30th calendar day period (or approved period of extension), the contractor shall conduct the final interview with the Counselee on or before the 30th calendar day from when initial EEO contact occurred (or approved period of extension). The final interview and Notice of Right to File Formal (NRTF) shall be issued no later than the 27th day (or the 87th day, when extended) of the commencement of counseling. Utilizing a NTRF template provided by the COR via BOX, the contractor shall sign the NTRF and issue it to the Counselee by the 27th day (or 87th with extension) from the commencement of counseling. The contractor shall electronically submit (preferably through email) the NRTF to the Counselee and provide evidence that the NRTF was delivered to the Counselee via electronic mail (with delivery and read receipts, or an email affirmative response) for SBCRs records in order to establish compliance with applicable regulations. The NRTF shall advise the Counselee that if they wish to file a formal complaint of discrimination, the formal complaint shall be either emailed to the Director, SBCR, or electronically filed using e-file (Entellitrack), when available. The NRTF shall not include an option for hardcopy mailing of the formal complaint. If the Counselee is insistent on mailing in the formal complaint, the contractor shall immediately contact the COR. The contractor shall submit the signed NRTF and proof of delivery within one (1) business day of receiving the signed document.

If the matter could potentially be resolved during EEO counseling, the contractor shall contact the COR immediately. The COR will determine whether the settlement terms are appropriate and notify the contractor of approval. The COR will then proceed with settlement negotiations amongst the parties and keep the contractor informed on the status of the precomplaint. It is the responsibility of the COR and SBCR to draft the settlement agreement, obtain signatures, and conduct compliance. Once the agreement is signed and executed, the COR will notify the Counselor to complete counseling by obtaining a signed EEO Withdrawal form. The contractor will submit the signed

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withdrawal form to the Counselor within one (1) business day of receiving Counselees signature.

In all cases, the contractor shall prepare an EEO Counselors Report based on the information provided by the Counselee prior to going into ADR and during the final interview. In cases where ADR occurs, the Counseling Report shall also state that the Counselee participated in ADR, the date ADR was conducted, and that ADR was unsuccessful in resolving the matter.

The EEO Counselors Report shall include a thorough summary of the counseling, including interviews with the Counselee, management, and any witnesses (if applicable). The Counselors Report shall also contain a listing of any documentation obtained during the counseling period and include copies as attachments. The format for the NTRF and Counseling Report will be provided by the COR, subsequent to award.

The contractor shall ensure that the Counseling Report includes, at a minimum, the following:

1. Clear statement of the Counselees claim(s) and basis(es) addressed during counseling, including any claim(s) raised subsequent to the initial interview.

2. Clear statement of legitimate business explanation for the action or inaction, as explained by the Responsible Management Official (RMO).

3. List of relevant documents included as attachments to the Report, identified by a letter or number and source of the document.

4. Documents received during EEO Counseling (i.e., signed NTRF, signed Rights and Responsibilities Form, signed waiver of anonymity form, signed ADR election form, extensions from the Counselee, and any documents submitted by the Counselee or the RMO to the EEO Counselor. Documents shall be properly sanitized.

5. Information to determine timeliness of the claim(s) in the event a formal complaint is filed, to include the dates of each personnel action(s) or event(s) the Counselee alleges to be discriminatory.

6. A written explanation for the Counselees delay in seeking counseling, if timeliness appears to be an issue.

7. A summary of the remedy requested by the Counselee.

8. An indication as to whether the Counselee is represented and whether the Counselee has utilized another process (i.e., a union grievance) to bring forth any allegations.

9. Summary of the inquiry and the contractors efforts to resolve the matter.

The contractor shall submit a draft report within fifteen (15) calendar days from the conclusion of EEO counseling. The COR will provide any revisions to the contractor or approve the draft report within five (5) calendar days of receipt. The contractor shall then have five (5) calendar days to correct the revisions and issue a final Counselors Report to the Counselee. The contractor shall provide evidence that the EEO Counselors Report was delivered to the Counselee via electronic mail (with delivery and read receipts, or an email affirmative response) for SBCRs records in order to establish compliance with applicable regulations.

If the Project Manager determines a contractor cannot meet the terms of the SOW when conducting a counseling, the Project Manager should immediately reassign the counseling and notify the COR.

TASK 2 PREPARE INVESTIGATIVE PLAN IN PREPARATION FOR CONDUCTING EEO INVESTIGATIVE SERVICES

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Prior to initiating an investigation as set forth in this task below, the contractor shall first develop an investigative plan (IP). The draft IP shall be submitted to the COR no later than five (5) calendar days after receipt of the Administrative File from the COR or the SBCR Point of Contact. The IP shall, at a minimum, contain the following:

1. General Information about the claim of discrimination, such as case number, names, and contact information for Complainant and his/her representative (if applicable), name and contact information for the Responsible Management Official(s), and contact information for the investigator.

2. A statement of the accepted claim(s) to be investigated.

3. The theory or theories of discrimination applicable to the accepted claim(s).

4. The model of analysis for each applicable theory of discrimination.

5. A list of proposed witnesses, with contact information, to be interviewed. This listing should include a brief statement providing some background or context as to why the investigator believes the witness should be interviewed.

6. A list of proposed questions for each witness (which can be set forth in the IP or already drafted in separate draft affidavits attached to the IP).

7. A list of proposed documents that should be collected, analyzed, and made part of the Report of Investigation (ROI).

The draft IP shall be submitted electronically to the COR and the SBCR Point of Contact (POC),

who will then review the draft IP and return it to the contractor with track change edits. The contractor shall then accept the changes and contact the SBCR POC and COR if they have any questions or concerns regarding the changes to the IP. If the COR or SBCR POC did not previously provide a Letter of Authority to Investigate, the COR or SBCR POC will provide the document with the revised IP, or prior to the contractor contacting any witnesses.

Once the COR approves the IP, the contractor may proceed by first contacting Complainant (and his/her representative if applicable) to schedule an interview. The SBCR POC and/or COR will issue witness letters to the other approved witnesses, and the contractor shall not contact any witnesses until they have first received a copy of the witness letter from the SBCR POC and COR by electronic mail (i.e., which indicates that the witness letter has been served to the management witness). Copies of the Agency-issued witness letters shall be contained in the Report of Investigation, as explained below.

TASK 3 CONDUCT EEO INVESTIGATIVE SERVICES

The contractor shall conduct an investigation of discrimination, including mixed case complaints filed against the NRC by NRC employees and applicants for employment under various federal civil rights laws, such as Title VII, ADEA, Rehabilitation Act, GINA and the EPA.

The contractor shall conduct a thorough review of the circumstances under which the alleged discrimination occurred and prepare a Report of Investigation (ROI) that contains complete and legally sufficient information to determine the merits of the case and submit this to the COR.

The ROI shall include a detailed summary of the information contained in the ROI. The investigation and ROI shall be completed within sixty (60) calendar days of the request by the COR to conduct an investigation and receipt by the contractor of the Administrative File. If the contractor requires additional time, the contractor shall contact the COR as soon as possible to

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request additional time and the reason additional time is requested. The contractor understands that the Agency must issue the ROI within 180 calendar days of the formal complaint being filed unless the complaint is amended, or Complainant agrees to extend the time to complete the investigation. If there is an extension, the Agency must issue the ROI within the appropriate deadline extension. Therefore, approval of the extension of time by the COR will depend on the NRCs ability to ensure that it timely issues the ROI.

The scope of the investigation will be determined by the type of complaint (class, individual harm, mixed case, joint or consolidated case), accepted issues and basis involved, and applicable EEO laws and theories of discrimination. If the complaint is amended to include an additional claim(s) after it is assigned to the contractor, the COR will provide the contractor with an amended acceptance/dismissal letter and request the investigation of the additional claim(s),

prior to the contractor investigating the additional claims.

In performing this task, the contractor shall interview or submit an affidavit to the Complainant first to obtain an explanation and supporting documentation regarding the alleged discriminatory employment decision(s) and/or action(s), names of suggested witnesses and an explanation of their direct or indirect role or knowledge of the events giving rise to the complaint, and where applicable, names of the individuals the Complainant believes were treated differently or more favorably under the same or similar circumstances. An investigation shall not proceed until the Complainant has executed a signed, sworn affidavit in support of the complaint unless otherwise approved by the COR. If the Complainant or a witness fails to submit a signed affidavit within the time specified in the written notice from the contractor, the matter shall be brought to the attention of the COR within one business day. The amount of time the Complainant or a witness is provided to respond to the contractors written request will be determined by the investigator in coordination with the COR and SBCRs Civil Rights Specialist assigned as the point of contact (POC) to the contractor based on the circumstances involved, but the investigator must notify the POC about the length of time they provided to Complainant and/or witnesses.

The contractor, within their preference, may choose to either simply email the affidavits to witnesses for completion, or schedule telephonic/virtual interviews. The Agency does not require, nor encourage, in-person interviews be conducted. If the investigator prefers telephonic or virtual interviews, the contractor shall schedule witness interviews in advance (i.e., whereby the witnesses are able to prepare for the meetings) and advise the witnesses regarding the matter that will be discussed. The contractor must also stress the need for confidentiality amongst employees in the investigatory process. Upon request, the contractor may provide the list of questions to the witness in advance of the interview so that the witness may gather information in order to provide more detailed and thorough responses. The contractor understands that they are free to add follow up questions and use their judgement and experience to go beyond the scope of the questions approved in the IP, if or as necessary, to ensure that the investigation is thorough and legally sufficient. The contractor shall answer questions about the claims alleged and the investigative process. If the contractor is unable to answer questions to the satisfaction of the witness, the contractor shall refer the witness to the SBCR POC for additional information. The contractor shall interview each witness identified by the parties to the complaint or that are identified through the investigative process on the basis of their known or presumed ability to furnish material and relevant testimony necessary to determine jurisdiction or to decide the merits of the case. If the Complainant or other witnesses suggest additional individuals to be interviewed, the contractor shall obtain a brief description as

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to why the additional individual(s) should be interviewed. The contractor shall forward the information to the SBCR POC for a determination as to whether the individual(s) should be interviewed and provide the Agency the opportunity to issue witness letters. The contractor should supply a recommendation as to whether the additional individual(s) should or should not be interviewed. The contractor shall provide a justification memorandum to the ROI if witnesses approved by the Agency, or a key witness referenced in the affidavits and documents in the file, is not interviewed.

Prior to interviewing each witness, the contractor shall provide the a copy of the Letter of Authorization for review and signature. If the contractor is conducting a telephonic interview or virtual teleconference interview, then the contractor shall determine an appropriate means to establish their credentials and authority to investigate. The Letter advises the individual of the contractors authority and explains their rights and responsibilities in the EEO investigation process. The contractor shall provide each witness with a reasonable amount of time (i.e., as mutually agreed to by the witness and investigator) to read the Letter and ask questions.

In conducting the interview, questions shall be posed to the witness in a clear and concise manner to obtain a proper response. The contractor shall also provide the witness with a reasonable amount of time (i.e., as mutually agreed to by the witness and investigator) to review the affidavit and make corrections or other changes before signing it. The witness may be provided access to documents they previously prepared or had access to, for the following reasons: to review them in order to provide accurate testimony; to verify the content or purpose of the document; to verify whether or not the document contains confidential information or is otherwise subject to the Privacy Act; and certify whether or not the document needs to be sanitized before including it in the report. The responses to the questions shall be stated in the affidavit in context so that the meaning is clear to the reviewer. The affidavit shall include the witness protected status (race, age, disability, etc.) for each basis alleged in the accepted issues of the complaint. The investigator shall make clear to witnesses that they are not compelled to identify their disability, but simply whether they have one. Any identification of disability is strictly voluntary. A typed conforming copy of the affidavit shall be included in the record for any affidavit that is not legible and/or that contains numerous revisions by the witness. The contractor shall include an investigator's memorandum in the ROI to clarify any substantive revisions to the affidavit made by the Complainant or witness.

The affidavits with original signatures shall be contained in the original ROI. The witness shall only be given a copy of their own affidavit. The contractor shall not provide to witnesses any copies of other documents (such as the formal complaint, acceptance letter, etc.) without prior written approval of the COR and SBCR point of contact.

The investigator shall provide copies of the Responsible Management Officials affidavit to the Complainant for rebuttal opportunity. The investigator shall provide the Complainants rebuttal response, including a declination of rebuttal, within the ROI.

If the parties agree to participate in ADR prior to completion of the investigation, the investigation may be suspended pending completion of the ADR process upon the determination of the COR. If the matter is resolved during ADR, the contractor will be notified to terminate the investigative process and if only 50% or less of the investigation is conducted the contractor shall bill as partial investigation. If more than 50% of the investigation is completed at time of investigation is terminated the contractor will be paid in full. If the matter is not resolved

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during ADR, the ADR process will be terminated and the case will be returned to the contractor to complete the investigation, if previously placed in abeyance.

In some instances, the contractor may be required to obtain documents to develop the ROI from various headquarters and regional offices. The contractor shall request specific documents through the SBCR point of contact and COR. In some cases, the COR will instruct the investigator that certain documents may or will be in the possession of the witness, and that the contractor shall specifically request certain documents from the witness. The contractor shall contact the COR for assistance if the contractor has a problem obtaining documents or scheduling witnesses.

Amendments

Pursuant to 29 CFR 1614 §106(d), a complainant may amend a pending EEO complaint to add claims that are alike or related to those claim(s) raised in the pending complaint. If the NRC decides to investigate the new allegations as an amendment of the ongoing investigation, the COR shall contact the contractor. Amendments received by the contractor prior to the draft approval will be at the price stated herein with the applicable extension of timelines. Each Amendment received by the contractor after the draft ROI has been approved by the NRC will be completed at the supplemental price as stated herein with the applicable extension of timelines. If a complaint is amended, the contractor shall have an additional 45 days or other time frame mutually agreed to by the COR, from the NRCs acceptance of the amendment to complete the investigation each time the pending complaint is amended.

Consolidations

Pursuant to 29 CFR 1614.606 the agency shall consolidate two or more complaints filed by the same complainant and may consolidate complaints filed by two or more complainants if the complaints consist of substantially the same allegations of discrimination or harassment or relate to the same matter. If the NRC decides to investigate the new allegations as a consolidation of the ongoing investigation, the COR shall contact the contractor. Consolidations received by the contractor prior to the draft approval will be at the price stated herein with the applicable extension of timelines. Each consolidation received by the contractor after the draft ROI has been approved by the NRC will be completed at the supplemental price as stated herein with the applicable extension of timelines. If a pending complaint is consolidated the contractor shall have an additional 45 calendar days or other time frame mutually agreed to by the COR, from the NRCs acceptance of the consolidation to complete the investigation each time the pending complaint is subject to an additional consolidation claim.

Mixed cases

A mixed case complaint is a complaint of employment discrimination based on race, color, religion, sex, national origin, age, disability, genetic information, or reprisal stemming from an action that may be appealed to the Merit Systems Protection Board. The contractor shall complete mixed case investigations within fifty (50) calendar days of the date of the case assignment. The agency agrees to refrain from amending or consolidating non-mixed case claims with mixed case claims, and the deadline set forth above can be modified under extenuating circumstances with approval of the COR.

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Supplemental Investigations

If a complaint is remanded from any authority of the EEOC or the NRC believes there is a need for a supplemental investigation, the contractor shall perform the supplemental investigation upon request by the COR. The delivery date for the supplemental Report of Investigation will be determined by mutual agreement between the contractor and COR. Within ten (10) business days of NRCs receipt of the supplemental ROI, the contractor will receive any comments from the COR or SBCR POC regarding the quality of report and any required modifications. In cases of modification, the contractor shall make the changes at no additional cost and forward the revised report to the COR and SBCR POC within ten (10) business days of receipt of the CORs or SBCR POCs comments. The supplemental ROI shall be marked Supplemental Investigation. If feedback regarding the draft ROI is not provided to the contractor within fifteen (15) business days after receipt of the draft ROI, the contractor may at its discretion consider the draft report approved and proceed to finalize the ROI, submit it to the NRC as accepted and appropriate for billing.

Expedited Investigations

Expedited investigations shall be conducted in the same manner as described in Task 2 and 3, only within a shorter period of time. The investigation and ROI shall be completed thirty (30) calendar days of approval by the COR to conduct an investigation and receipt by the contactor of the Administrative File.

The Deliverable is for a ROI to be prepared and delivered in accordance with the quality standards contained in this SOW. The ROI shall be sufficient to allow an independent trier of fact to adjudicate the charges of discrimination using the ROI as the sole source of evidence available to make a final decision, including a determination of any appropriate remedy. The report must also contain adequate descriptions and explanations to allow those not familiar with NRC and its employment practices to understand the results of the investigation using only the report as their source of information.

The contractor shall provide an ROI, which contains the following (as explained in further detail below):

1. An investigative summary as prepared by the investigator

2. All testimonial evidence (all signed and sworn affidavits); accompanying signed Letter of Authorization to investigate

3. Copies of the signed witness letters issued to witnesses by Agency

4. All documentary evidence collected (and appropriately sanitized)

5. Any notes to the file by the contractor

6. Any other relevant additional information (i.e., disputes documented over official time requests; resolution of spin-off inquiries, etc.)

To avoid compromising the privacy of individuals identified for comparison, the contractor shall redact names, addresses, telephone numbers, social security numbers and other personal information from documents that are not required to decide the merits of the case. On those documents, the individual shall be referenced by a letter or number code and the specific protected basis(es) (Ex. Candidate A, Race - Asian). The basis(es) and identifying code assigned to each comparative shall be used consistently throughout the ROI and in the table of exhibits. The contractor shall also provide a key as a separate document, identifying the

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individuals by their name and assigned letter or number code. The source of each document included in the ROI shall be identified in the table of exhibits. For all parties and witnesses in the complaint, where age is alleged, the day of an individuals birthdate shall be redacted, leaving only the birth month and year.

Prior to including a document in the ROI, the contractor shall ensure that the source of the document has been correctly identified, the document is accurate, any knowledge of tampering with the original that may not be apparent from the copies in the ROI has been noted, the documents have been properly sanitized, and questions regarding confidentiality have been resolved. The contractor shall immediately notify the COR if the contractor receives documents marked Confidential, Sensitive, or for NRC Use Only from Complainants or witnesses. The contractor shall obtain permission from the COR before including such marked documents in the ROI. The contractor shall ensure that an explanation of abbreviations and codes included on documents is included in the ROI.

The completed ROI shall include all affidavits and documentary evidence that are relevant to the accepted issue(s) and basis(es) of the complaint. The ROI shall also include a detailed but succinct summary analysis of the evidence contained in the ROI. The contractor shall only include information in the ROI that is relevant to the accepted issue(s) and basis(es) alleged and that is necessary to decide the merits of the case. The contractor shall forward any information received but not included in the ROI to the COR for appropriate action. The contractor shall not make a recommendation regarding the merits of the complaint. Two copies, one sanitized and one not, both in Adobe Acrobat (.pdf) format, of the completed report shall be forwarded to the COR within sixty (60) calendar days of receipt of the letters of authority to investigate and accompanying Administrative File. The contractor shall also provide an editable copy of the Investigative Summary in Microsoft Word.

The content and format of the ROI shall be in accordance with EEOC Management Directive-110 (MD-110) and the specific requirements described herein. Reports shall be assembled using sections described below.

The Report of Investigation shall be arranged as follows:

Title Page Standard contractor ROI format and content.

1) Formal Complaint The contractor shall include the written and signed complaint document that allowed the investigation to proceed to the next step within the process.

2) Counselors Report and Other Pre-complaint Documents The contractor shall include all documents and correspondence collected from the Counselor during the pre-complaint process. The contractor shall include a notice of right to file a formal complaint which was issued to the complainant at the conclusion of pre-complaint counseling.

3) Claims to be Investigated The contractor shall include the Letter of Acceptance (or Partial), which shall contain the scope of the issues to be investigated. Copies of any other documents bearing delineation of the claims, including any Requests for Additional Information, shall also be included. If there is a

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Notice of Late Investigation (180-Day Letter) issued by the Agency, it shall be contained in this section.

4) Settlement Agreements The contractor shall include any documented attempts at resolution; including any settlement agreement reached on any aspect of the complaint; however, documentation shall not include the substance of such attempts.

5) Appellate Activity The contractor shall include any documentation of appellate activity and any decisions affecting the processing of the complaint.

6) Investigative Summary The contractor shall list the contents of the file except where the section clearly identifies the contents. Documents under each section shall be numbered as shown in the sample ROI and include the party who supplied the document. The index shall include a list of the affidavits obtained, with basic information regarding the affiant. The Index shall also list and identify all exhibits and include the number of pages each exhibit contains.

The contractor shall include a well-written analysis that contains an overview of the evidence that the Investigator gathered. Each claim must be separately identified in the Summary and include a synopsis of relevant affidavit testimony and evidence. The Summary shall assist the reader, by providing an overview of the alleged harassment and the Agencys response to it.

Claims for compensatory damages must also be listed and identified. The Summary shall assist the reader of the ROI by providing an overview of the claim of discrimination and the Agencys response to it. When applicable, the Summary shall present a synopsis of comparative data, clearly identified.

The Summary must include a disclaimer stating, The Investigators Summary and Table of Contents are merely a summary or listing of the evidence. The Investigators Summary and Table of Contents themselves do not have any evidentiary value. The evidence in this Report of Investigation consists of all affidavits and documents provided by the parties. The Summary must be signed and dated by the Investigator.

7) Affidavits Subtabs (A-E)

The contractor shall include all affidavits collected from the Complainants and the witnesses, even if irrelevant to the issue under investigation. The affidavits shall be arranged in logical order, electronically bookmarked individually, with the Complainants affidavit always found at Section A. Where affidavits are obtained via mail, the list of questions sent to the affiant must be included with the affidavit. If efforts to obtain an affidavit from the Complainant are not successful, documentation regarding those efforts must be placed where Affidavit A would otherwise be found. If efforts to obtain affidavits from management officials or other witnesses are not successful, such efforts must be included behind other affidavit separators and identified in the ROI. Each affidavit must be independently numbered and identified, e.g. Affidavit A, page 2 of 7.

8) Exhibits subtabs (A-E)

The contractor shall include all relevant documents that were gathered throughout the investigation, in logical order, behind individual separators. Each exhibit must be identified and independently numbered, e.g. Exhibit 1, page 1 of 1 including documentation related to the

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settlement, withdrawal or dismissal of the case, if applicable.

9) " Pre-hearing Submissions The contractor shall include any pre-hearing submissions, including those relevant to summary judgement, and all discovery documentation, motions, orders, exhibits, and transcripts. All must be individually bookmarked.

10) Administrative Hearing The contractor shall include all submissions from an administrative hearing, including motions, exhibits, and transcripts. All must be individually bookmarked.

11) Final Agency Action The contractor shall include any documentation related to the Final Agency Action and related service of the parties.

12) Tab Miscellaneous Correspondence The contractor shall include all relevant miscellaneous correspondence, including such documents as the Assignment Letter, Authorization Letter, the Agencys issued witness letters, and the contractors Agreement to Extend 180-Day Investigative Process.

If the investigation does not contain documents within a specific section (example - Section 4, settlement documentation), the contractor shall simply skip that section but continue with the numbering of sections as outlined above and in accordance with MD-110.

The Final ROI shall be electronically maintained in accordance with MD-110. The ROI must have:

1) The file shall run through Optical Character Recognition (OCR) so that it is a searchable document and in compliance with Section 508 of the Rehabilitation Act.

2) Digital bookmarks (as described above) identifying key documents, exhibits, and sections of the file.

3) Bates-numbered, in chronological order throughout the ROI, for easy citation.

TASK 4 PERFORM EEO MEDIATION SERVCIES

The contractor shall provide a certified mediator to mediate a dispute between an Counselee or Complainant and the NRC. Services shall be rendered on an hourly basis. The contractor shall block potential mediation session for a four-hour block of time and notify the COR of their availability for the session. The mediation session will be scheduled by the ADR Coordinator, in conjunction with the COR. The mediation may be held in-person or through virtual teleconference, using an Agency approved platform (ex. Microsoft Teams). A mediation session can conclude at any time, and may also be extended with the approval of the parties to the mediation. If additional mediation sessions are agreed by the parties, then the mediator shall inform the COR of the need for additional mediation services and obtain COR approval before conducting the additional sessions. In all cases, the mediator shall track the amount of time spent in mediation in order to provide documentation of the services rendered under the contract.

The contractor shall prepare a summary report (Report of Mediation) documenting the following with respect to the mediation:

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1. The parties involved in the mediation. Include names, titles, telephone, and email contact information.

2. The date, time, and location of the mediation

3. A brief summary of the purpose of the mediation

4. A brief summary of the outcome of the mediation

The contractor shall submit the Report of Mediation within ten (10) calendar days of the last mediation session.

TASK 5 PREPARE LETTER OF ACCEPTANCE/DISMISSAL AND FINAL AGENCY DECISIONS

If applicable and when directed by the COR, the contractor shall prepare a letter of acceptance/dismissal, or Final Agency Decisions, and/or other formal processing documents.

For Accept/Dismiss documents, the COR will provide the contractor with the Administrative File containing, among other things, the formal EEO complaint, the Counselors Report, and any other relevant documents necessary for the contractor to analyze prior to issuing a letter of acceptance and/or dismissal. For Final Agency Decisions, the COR will supply to the contractor a copy of the Report of Investigation, as well as any supplemental comments/rebuttals supplied by Complainant. Subsequent to award, the COR will also provide the contractor with an NRC template for drafting the acceptance/dismissal letter and Final Agency Decisions.

The contractor shall prepare a draft letter of acceptance/dismissal for a single case or a consolidated case and submit within fourteen (14) calendar days of receipt of the Administrative File to the COR. Following the template provided, the letter shall clearly identify: (1) the basis and allegations of discrimination at issue, (2) the relevant parties, and (3) clearly articulated legal analysis as reasons for procedural dismissal. The contractor shall then prepare the final letter of acceptance/dismissal within three (3) calendar days of receipt of CORs suggested changes. The contractor shall submit this final letter to the COR, who will be responsible for issuing the document.

The contractor shall prepare and submit a draft Final Agency Decision for a single case or a consolidated case within thirty (30) calendar days of receipt of the Report of Investigation and any supplemental documentation to the COR analyzing the complaint on the merits and make a determination as to whether discrimination occurred. Using the template provided, the contractor must outline the facts of the complaint, relevant legal authorities, and provide in depth analysis as to the merit of the complaint. The contractor shall then prepare the Final Agency Decision within five (5) calendar days of receipt of the CORs suggested changes. The contractor shall submit the Decision to the COR. The NRC will be responsible for issuing the document.

Expedited Final Agency Decision

An expedited Final Agency Decisions shall be conducted in the same manner as described above, only within a shorter period of time. The contractor shall prepare and submit a draft Final Agency Decision within fifteen (15) calendar days of receipt of the Report of Investigation and any supplemental documentation to the COR analyzing the complaint on the merits and make a determination as to whether discrimination occurred. Using the template provided, the

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contractor must outline the facts of the complaint, relevant legal authorities, and provide in depth analysis as to the merit of the complaint. The contractor shall then prepare the Final Agency Decision within five (5) calendar days of receipt of the CORs suggested changes. The contractor shall submit the Decision to the COR. The NRC will be responsible for issuing the document.

4. Labor Categories and Key Personnel

Requirements and Key Personnel. Personnel working under this contact/order shall meet the minimum requirements for experience and education, as follows:

Project Manager: The contractor shall provide a project manager to oversee the effort and ensure the timely submittal of accurate and complete deliverables. The Project Manager shall have a minimum of 5 years experience in managing projects similar in size and complexity of this procurement.

EEO Counselors

• Certified by EEOC (or other appropriate body) as having completed 32-hour EEO Counselor Training for new EEO Counselors and all annual 8-hour refresher training courses.

• Five or more years of experience with EEO laws, rules and regulations related to the Federal Sector EEO Process (e.g., 29 CFR Part 1614, MD-110, Title VII of the Civil Rights Act of 1964, The Rehabilitation Act of 1973, as amended, the Age Discrimination in Employment Act, as amended, and the Genetic Information Non-Discrimination Act).

EEO Investigators

• Certified by EEOC (or other appropriate body) as having completed 32-hour EEO Investigator Training for new EEO Investigators and all annual 8-hour refresher training courses.

• Five or more years of experience with EEO laws, rules and regulations related to the Federal Sector EEO Process (e.g., 29 CFR Part 1614, MD-110, Title VII of the Civil Rights Act of 1964, The Rehabilitation Act of 1973, as amended, the Age Discrimination in Employment Act, as amended, and the Genetic Information Non-Discrimination Act).

EEO Mediators

• Certified by EEOC (or other appropriate body) as having completed a mediation training course.

• Five or more years of experience with EEO laws, rules and regulations related to the Federal Sector EEO Process (e.g., 29 CFR Part 1614, MD-110, Title VII of the Civil Rights Act of 1964, The Rehabilitation Act of 1973, as amended, the Age Discrimination in Employment Act, as amended, and the Genetic Information Non-Discrimination Act).

Final Agency Decision Writers/Document Drafters

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• Five or more years of experience with EEO laws, rules, and regulations related to the Federal Sector EEO Process (e.g., 29 CFR Part 1614, MD-110, Title VII of the Civil Rights Act of 1964, The Rehabilitation Act of 1973, as amended, the Age Discrimination in Employment Act, as amended, the Genetic Information Non-Discrimination Act).

• Law degree or paralegal certification preferred, but not required.

5. Reporting Requirements

Weekly Status Report

The contractor shall provide a Weekly Status Report to the COR during the period of performance for EEO services rendered. This report will contain the status of contractor progress in achieving tasks and producing deliverables. The report shall include contract summary information, ongoing work during the specified period, milestone schedule information, problem resolution, labor hours worked for EEO Counselings and Mediations, and any other relevant information about the open tasks for consideration by the COR. If no work is performed, the contractor shall submit a email that states no work has been performed during the specified period. The weekly status report should reflect all work performed during the subject week, even if the event is preliminary. For example, if one status is initial interview scheduled for [date], the subsequent status report should confirm that the initial interview actually took place and provide the date. If the status includes an update regarding an inquiry from SBCR, it should also include the resolution/conclusion of the inquiry. By example, if the status reads, Counselor received an email from NRC POC asking about the issuance of the NRTF and asking whether the Final Interview had been conducted, then the status report should include whether or not the NRTF was in fact issued and whether the final interview was conducted.

The contractor should make every possible best effort to ensure that all contractors submit information for the weekly report. There should be minimal to (ideally) no pending update from Counselor or pending update from investigator on the report. It is the responsibility of the Project Manager to ensure the weekly report contains relevant and timely information. Issues shall not wait to be reported on this report, they shall be brought to the CORs attention immediately.

Monthly Letter Status Report

The Contractor shall also provide a Monthly Letter Status Report (MLSR). The contractor shall refer to Attachment 1 for the MLSR instructions and sample template. No EEO specific information shall be included in the MLSR. If EEO specific information is required to complete an MLSR Section, the contractor shall submit the MLSR Section separately to the COR only.

The MLSR shall be provided to the COR and CS electronically by the 20th of following month. If no work was performed during the prior month, the Contractor shall not prepare and submit an MLSR.

6. List of Deliverables

The Contractor shall submit electronically contract deliverables as summarized in the following

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table.

Task Deliverable Description Due Date Format Submit to Number Within fourteen (14) calendar Word N/A Kickoff Meeting Summarydays of the meeting document COR

Within fifteen (15) calendar days 1 Draft EEO from the conclusion of EEO Word COR Counseling Report counseling document

Within five (5) business days of 1 Final EEO Counseling receipt of COR changes to the Word COR Report Draft Counseling Report document

EEO Settlement Summary Within one (1) calendar day from of Terms (if applicable, the date of obtaining consent 1, 4 when settlement is from both parties for settlementEmail COR reached) Terms

Within five (5) calendar days 2 Draft Investigative Planfrom receipt of the Administrative Word COR File document

Within 60 calendar days of receipt of request from COR to EEO Investigations - investigate and receipt of the Report of Investigation Administrative File Additional 45 calendar days from Word the NRCs acceptance of the document EEO Investigation with amendment to complete the (Investigative Amendment(s) to EEO investigation each time the Summary)

Compliant pending complaint is amended, and 2 Adobe 3 Report of Investigation or other time frame mutually Acrobat COR agreed to by the COR copies of complete Additional 45 calendar days from Report - 1 EEO Investigation with the NRCs Acceptance of the redacted, 1 Consolidated Complaintsconsolidation for each additional original Report of Investigation consolidation claim, or other time frame mutually agreed to by the COR.

EEO Investigations - Within 50 calendar days of the Word 3 Report of Investigation date of case assignment document COR (Mixed-Cases) (Investigative

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Summary) and 2 Adobe Acrobat copies of complete Report - 1 redacted, 1 original Word document (Investigative EEO Investigation Summary)

Supplemental To Be Determined by mutual and 2 Adobe 3 Investigation agreement between the Acrobat COR Report of Investigation Contractor and COR copies of complete Report - 1 redacted, 1 original Word document (Investigative Summary)

EEO Investigations - 30 Calendar Days of receipt of and 2 Adobe 3 Expedited request from COR to Investigate Acrobat COR Report of Investigation and Administrative File copies of complete Report - 1 redacted, 1 original EEO Mediation - Within ten (10) calendar days of Word 4 Report of Mediation the last mediation session document COR

Draft Within fourteen (14) calendar 5 Acceptance/Dismissal days of receipt of the Word COR Letter/other formal Administrative File document processing documents Within three (3) calendar days of receipt of changes from the COR on the Draft Final Acceptance/Dismiss Acceptance/Dismissal Word 5 al Letter/other formal Letter document COR processing documents

Draft Final Agency Within thirty (30) calendar days Word 5 Decision of receipt of Report of document COR Investigation and any

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supplemental documentation

Within fifteen (15) calendar days Draft Final Agency of receipt of Report of Decision Expedited Investigation and any supplemental documentation

Within five (5) calendar days of receipt of changes from the COR Word 5 Final Agency Decision on the draft Final Agency document COR Decision

1-5 Weekly Status Report Weekly Word COR document 1-5 Monthly Letter Status NLT 20th day of the following Word COR/CS Report month document

7. Release of Publications

Any documents generated by the contractor under this contract/order shall not be released for publication or dissemination without CO and COR prior written approval.

8. Place of Performance

The work to be performed under this contract will be primarily performed at the contractors place of business, through electronic means (email, virtual teleconference, telephone). There may be opportunities where in-person services are needed, which will primarily be held at either NRCs headquarters or regional facility (i.e., for mediation).

9. Hours of Operation (On-site or Contacting)

Any services that are to be performed on-site at NRC facilities would occur between the hours of 8:00 am Eastern Standard (or Daylight) Time and 6:00 pm Eastern Standard (or Daylight)

Time, Monday thru Friday.

The contractor shall only contact the counselee or witness during the hours of 8:00 am Eastern Standard (or Daylight) Time and 6:00 pm Eastern Standard (or Daylight) Time, Monday thru Friday, unless approved otherwise by the COR in writing.

The contractor should not contact any counselee or witness when known that the individual is on leave. The contractor should not set any deadlines for counselee or witness when known the individual is in a leave status and allow the individual a minimum of two business days to respond after the individual returns from leave status.

When in doubt regarding time frames or response time due to counselee or witness being in leave status, the contractor should contact the COR within one (1) business day of learning counselee or witness is on leave.

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10. Contractor Travel

EEO mediations may require local travel within the Washington, D.C. metropolitan area and the areas surrounding NRCs four regional offices, or long-distance travel to those areas. The contractor shall submit any request for long distance travel, to the COR, within five (5) business days of receipt of the counseling or investigative assignment and prior to any scheduled travel.

The Travel Request, at a minimum, shall contain the following: the date(s) and location(s) of the counseling or mediation, the proposed number of individuals to be interviewed (in cases involving counseling, mediation), the estimated cost for travel, hotel, and rental car and, any other expenses that may be incurred in connection with the counseling, mediation or investigation inquiry.

All travel shall take place in accordance with Federal Travel Regulations and the limitation of funds specified in the contract. To minimize travel expenses, the contractor shall make every effort to assign an EEO mediator that is located within the state where the major portion of the services is to be conducted. All travel requires written approval from the COR.

Travel will be reimbursed in accordance with FAR 31.205-46, Travel costs and the General Services Administrations Federal Travel Regulations at:

http://www.gsa.gov/portal/content/104790

11. Data Rights

The NRC shall have unlimited rights to and ownership of all deliverables provided under this contract/order, including reports, recommendations, briefings, work plans and all other deliverables. All documents and materials produced under this contract/order are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without prior written authorization from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

12. Section 508 - Information and Communication Technology Accessibility

12.1 Introduction In December 2000, the Architectural and Transportation Barriers Compliance Board (Access Board) pursuant to Section 508(2)(A) of the Rehabilitation Act Amendments of 1998, established electronic and information technology (EIT) accessibility standards for the federal government.

The Standards for Section 508 of the Rehabilitation Act (codified at 36 CFR § 1194) were revised by the Access Board, published on January 18, 2017 and minor corrections were made on January 22, 2018, effective March 23, 2018.

The Revised 508 Standards have replaced the term EIT with information and communication technology (ICT). ICT is information technology (as defined in 40 U.S.C. 11101(6)) and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include, but are not limited to: Computers and peripheral equipment; information kiosks and transaction machines; telecommunications

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equipment; customer premises equipment; multifunction office machines; software; applications; Web sites; videos; and, electronic documents.

The text of the Revised 508 Standards can be found in 36 CFR § 1194.1 and in Appendices A, C and D of 36 CFR § 1194 (at https://www.ecfr.gov/cgi-bin/text-idx?SID=caeb8ddcea26ba5002c2eea047698e85&mc=true&tpl=/ecfrbrowse/Title36/36cfr1194 main 02.tpl).

12.2 General Requirements In order to help the NRC comply with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d)(Section 508), the Contractor shall ensure that its deliverables (both products and services) within the scope of this contract/order are:

1. in conformance with, and

2. support the requirements of the Standards for Section 508 of the Rehabilitation Act, as set forth in Appendices A, C and D of 36 CFR § 1194.

12.3 Applicable Provisions of the Revised 508 Standards The following is an outline of the Revised 508 Standards that identifies what provisions are always applicable and which ones may be applicable. If Maybe is stated in the table below, then those provisions are applicable only if they are within the scope of this acquisition.

Applicable to the Provision of 36 CFR Part 1194 Contract/Order?

Yes 1. Appendix A to Part 1194 - Section 508 of the Rehabilitation Act:

Application and Scoping Requirements

• Section 508 Chapter 1: Application and Administration -

Yes sets forth general application and administration provisions

• Section 508 Chapter 2: Scoping Requirements - containing scoping requirements (which, in turn, prescribe which ICT Yes - and, in some cases, how many - must comply with the technical specifications)

See Below 2. Appendix C to Part 1194 - Functional Performance Criteria and Technical Requirements

• Chapter 3: Functional Performance Criteria - applies to ICT where required by 508 Chapter 2 (Scoping Yes Requirements) and where otherwise referenced in any other chapter of the Revised 508 Standards

No

• Chapter 4: Hardware

No

• Chapter 5: Software

• Chapter 6: Support Documentation and Services No (applicable to, but not limited to, help desks, call centers, training services, and automated self-service technical

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support) (Always applies if Chapters 4 or 5 apply)

Yes

• Chapter 7: Referenced Standards

3. Appendix D to Part 1194 - Electronic and Information No Technology Accessibility Standards as Originally Published on December 21, 2000

Refer to Chapter 2 (Scoping Requirements) first to confirm what provisions in Appendix C apply in a particular case.

Section E203.2 applies only to the NRC, except as specified below.

12.4 Exceptions

12.4.1 Legacy ICT

Unless a deliverable of this contract/order is identified in this contract/order as Legacy ICT, use by the Contractor of the Legacy ICT general exception (section E202.2 of 36 CFR § 1194) shall only be permitted on a case-by-case basis for applicable legacy ICT and with advance written approval from the COR.

12.4.2 Undue Burden

The Undue Burden general exception (section E202.6 of 36 CFR § 1194) is not expected to be applicable to work performed by the Contractor. If there are questions about potential application of this exception please discuss with the CO.

12.4.3 Fundamental Alteration or Best Meets

If the Contractor wishes to use the Fundamental Alteration (section E202.6 of 36 CFR § 1194) or Best Meets (section E202.7 of 36 CFR § 1194) general exceptions the Contractor shall do the following:

1. provide the COR with information necessary to support the agencys documentation requirements, as identified in sections E202.6.2 and E202.7.1 of 36 CFR § 1194, respectively

2. request and obtain written approval from the COR for development and/or use, as applicable to the scope of the contract/order, of an alternative means for providing individuals with disabilities access to and use of the information and data, as specified in sections E202.6.3 and E202.7.2 of 36 CFR § 1194, respectively.

12.4.4 National Security Systems

Based on the definition at 40 U.S.C. 11103(a), the National Security Systems general exception (section E202.3 of 36 CFR § 1194) is not applicable to this contract/order.

12.4.5 ICT Functions Located in Maintenance or Monitoring Spaces

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The Contractor shall confirm with the COR that an ICT deliverable of this contract/order will be located in maintenance or monitoring spaces before assuming that the ICT Functions Located in Maintenance or Monitoring Spaces general exception (section E202.5 of 36 CFR § 1194) applies.

Note that this exception does not apply to features of the ICT (such as Web interfaces) that can be accessed remotely, outside the maintenance or monitoring space where the ICT is located.

12.5 Additional Requirements

12.5.1 Notification Due to Impact from NRC Policies, Procedures, Tools and/or ICT Infrastructure

If and when 1) the Contractor is dependent upon NRC policies, procedures, tools and/or ICT infrastructure for Revised-508-Standards-conformant delivery of any of the products or services under this acquisition, and 2) the Contractor is aware that conformance of products or services will be negatively impacted by capability gaps in NRC policies, procedures, tools and/or ICT infrastructure, the Contractor shall inform the COR so that the NRC can both be aware and take corrective action.

12.5.2 Accessibility of Electronic Content

For electronic content (as defined in section E103 of 36 CFR § 1194) deliverables of this contract/order:

1. If a deliverable is in the form of an Adobe Portable Document Format (PDF) file and is either Public Facing or Agency Official Communication (as defined in sections E103 and E205.3 of 36 CFR § 1194, respectively) the Contractor shall ensure that it conforms to both section E205.4 of 36 CFR § 1194 and ISO 14289-1 (PDF/UA-1).

2. Unless the Contractor requests and obtains advance written approval from the COR for a specific deliverable or class of deliverables, the contractor shall ensure that:

a. deliverables that are not Public Facing and not Agency Official Communication (as defined in sections E103 and E205.3 of 36 CFR § 1194, respectively) shall conform to section E205.4 of 36 CFR § 1194

b. deliverables that are in the form of PDF files, are not Public Facing and are not Agency Official Communication (as defined in sections E103 and E205.3 of 36 CFR § 1194, respectively) shall conform to section E205.4 of 36 CFR § 1194 and ISO 14289-1 (PDF/UA-1).

12.5.3 Other

It is desirable that the Contractor address the applicable provisions of the Revised 508 Standards throughout product and service lifecycles rather than only performing a conformance check toward the end of a process.

If and when the Contractor provides custom ICT development services pursuant to this

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acquisition, the Contractor shall ensure the ICT products and services fully support the applicable provisions of the Revised 508 Standards prior to delivery and before final acceptance. If and when the Contractor provides installation, configuration or integration services for ICT products (equipment and/or software) pursuant to this acquisition, the Contractor shall not install, configure or integrate the ICT equipment and software in a way that reduces the level of conformance with the applicable provisions of the Revised 508 Standards.

If and when the scope of this contract/order includes work by the Contractor to collect, directly from NRC employees or the Public, requirements for the procurement, development, maintenance or use of ICT the Contractor shall identify the needs of users with disabilities in conformance to section E203.2.

12.6 ICT Accessibility Deliverables

The Contractor shall provide the following ICT accessibility deliverables, when within the scope of this contract/order.

12.6.1 Accessibility Conformance Report (ACR)

This report shall be submitted for ICT products, systems or application deliverables. A written ACR shall be based on the Voluntary Product Accessibility Template (VPAT), as specified at https://www.itic.org/policy/accessibility/vpat or provide equivalent information. This report has the purpose to document the state of conformance to the Revised 508 Standards for the subject product, system or application.

12.6.2 Supplemental Accessibility Report (SAR)

This report shall be submitted for ICT products, systems or application deliverables that have been custom developed or integrated by the Contractor to meet contract/order requirements. A written SAR shall contain:

a) Description of evaluation methods used to produce the ACR, to demonstrate due diligence in supporting conformance claims;

b) Information on core functions that cant be used by persons with disabilities; and,

c) Information on how to configure and install the ICT item to support accessibility

12.6.3 ICT Support Documentation

This documentation shall be submitted for ICT products, systems or application deliverables.

The support documentation shall include:

a) Documentation of features that help achieve accessibility and compatibility with assistive technology for persons with disabilities (as required by section 602 of 36 CFR § 1194);

b) For authoring tools that generate content (documents, reports, videos, multimedia, web content, etc.): Information on how the tool enables the creation of accessible electronic content that conforms to the Revised 508 Standards (see section 504 of 36 CFR § 1194), including the range of accessible user interface elements the tool can create;

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c) For platform software (as defined in section E103.4 of 36 CFR § 1194) and software tools that are provided by a platform developer: Documentation on the set of accessibility services that support applications running on the platform to interoperate with assistive technology, as required by section 502.3 of 36 CFR § 1194.

12.6.4 ICT Support Documentation (Alternate Formats)

Upon request, alternate formats for non-electronic support documentation shall be provided (as required by section 602.4 of 36 CFR § 1194).

12.6.5 Document Accessibility Checklist

This checklist shall be submitted for ICT electronic content deliverables that are documents (as defined in section E103 of 36 CFR § 1194), if the requirement is specified elsewhere in this acquisition that testing be performed. A completed checklist summarising the subject documents state of conformance to the applicable WCAG 2.0 Level A and AA Success Criteria (as referenced in section E205.4 and 702.10 of 36 CFR § 1194) and, for PDF files, ISO 14289-1 (PDF/UA-1).

12.6.6 Communication to ICT Users

When the Contractor is providing ICT support services (including, but not limited to help desks, call centers, training services, and automated self-service technical support), any communication to ICT users shall accommodate the communication needs of individuals with disabilities (see section 603.3 of 36 CFR § 1194) and include information on accessibility and compatibility features (see 603.2 of 36 CFR § 1194).

13. Security Requirements

The work under this contract involves the use of *Sensitive Unclassified Non-Safeguards Information (SUNSI). One of the categories of information defined under SUNSI that will be applicable to this contract is Sensitive Personally Identifiable Information (PII). The National Institute of Standards and Technology (NIST) defines PII as any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means (NIST Definition - PII). Some examples of PII are date of birth, social security number, race, and geographic indicators. The contractors must take precautions when handling SUNSI and only those with a need-to know shall be granted access to this type of information.

Anyone who needs access (both passive and / or direct) to SUNSI must be approved by the COR and have been granted an NRC approved IT Level II access request before they will be allowed to access SUNSI.

The contractor shall maintain SUNSI in a manner that will prevent inadvertent or unauthorized disclosures to this sensitive information. For example:

• Do not leave SUNSI in open view of others, either on your desk or computer screen.

• Use an opaque envelope when transmitting SUNSI through the mail.

• Secure paper records in a locked file drawer and electronic records in a password protected

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or restricted access file.

• Do not place or store SUNSI on a shared network drive unless access controls are applied so only people that have been approved to access the SUNSI can access the information.

• Ensure SUNSI is only encrypted using NIST Federal Information Processing Standard (FIPS) 140 validated encryption. This includes both the encryption module and algorithm used to protect SUNSI.

• Ensure NIST FIPS 140 validated encryption is used whenever SUNSI is stored or transmitted.

• SUNSI is currently used however NRC will be transitioning to Controlled Unclassified Information (CUI) by September 2022.

Section C - Contract Clauses was revised as follows.

NRC Local Clauses Incorporated by Full Text

Summary of Clause Changes:

Clause titled PERIOD OF PERFORMANCE ALTERNATE IV is incorporated as follows:

PERIOD OF PERFORMANCE ALTERNATE IV

The ordering period for this contract shall commence on April 4, 2022 and will expire on April 3, 2024. Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein. (See 52.216 Ordering.) The term of this contract may be extended at the option of the Government for an additional three, one (1)-year option periods.

Exercised Period: April 4, 2022 - April 3, 2024

Option Period(s):

Option Period Two: April 4, 2024 - April 3, 2025 Option Period Three: April 4, 2025 - April 3, 2026 Option Period Four: April 4, 2026 - April 3, 2027

NRCAR Clauses Incorporated By Full Text

Summary of Clause Changes:

Clause 2052.215-71 is incorporated as follows:

2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999) -

ALTERNATE I (OCT 1999)

(a) The contracting officer's authorized representative, hereinafter referred to as the COR, for this contract is:

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Name: Meredith Neubauer Address:

U.S. Nuclear Regulatory Commission Office of Small Business and Civil Rights Mail Stop: 0-3G4 Washington, DC 20555-0001 Telephone No.: 301-415-0587 Email: meredith.neubauer@nrc.gov

(b) The COR shall:

(1) Place delivery orders for items required under this contract up to the amount obligated on the contract award document.

(2) Monitor contractor performance and recommend changes in requirements to the contracting officer.

(3) Inspect and accept products/services provided under the contract.

(4) Review all contractor invoices/vouchers requesting payment for products/services provided under the contract and make recommendations for approval, disapproval, or suspension.

(c) The COR may not make changes to the express terms and conditions of this contract.

• To be incorporated into any resultant contract.

(End of Clause)

FAR Clauses Incorporated By Full Text

Summary of Clause Changes:

Clause 52.216-18 is incorporated as follows:

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 4, 2022 through April 3, 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service),

the Government deposits the order in the mail;

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(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

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