ML23116A332

Contract No. 31310023D0004

ML23116A332
Person / Time
Issue date:	03/29/2023
From:	Jennifer Dudek Acquisition Management Division
To:
References
31310023D0004
Download: ML23116A332 (1)

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31310023D0004 Page 3 B - Supplies or Services/Prices.....................................................................................................5 B.1 BRIEF DESCRIPTION OF WORK ALTERNATE I..............................................................5 B.2 TYPE OF CONTRACT (JULY 2020)...................................................................................5 B.3 CONSIDERATION AND OBLIGATIONINDEFINITE-QUANTITY CONTRACT...............5 B.4 PRICE/COST SCHEDULE..................................................................................................5 C - Description/Specifications.......................................................................................................8 C.1 STATEMENT OF WORK....................................................................................................8 D - Packaging and Marking.........................................................................................................34 D.1 PACKAGING AND MARKING..........................................................................................34 D.2 BRANDING.......................................................................................................................34 E - Inspection and Acceptance....................................................................................................35 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)........................................35 F - Deliveries or Performance.....................................................................................................36 F.1 PLACE OF DELIVERY-REPORTS...................................................................................36 F.2 PERIOD OF PERFORMANCE ALTERNATE IV...............................................................36 G - Contract Administration Data................................................................................................37 G.1 REGISTRATION IN FEDCONNECT (MAY 2021).........................................................37 G.2 ELECTRONIC PAYMENTS (DEC 2017) - ALTERNATE 1..............................................37 G.3 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

.................................................................................................................................................37 G.4 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) -

ALTERNATE I (OCT 1999).....................................................................................................40 G.5 2052.216-71 INDIRECT COST RATES. (JAN 1993) - ALTERNATE II (OCT 1999)........40 G.6 2052.216-72 TASK ORDER PROCEDURES. (OCT 1999)..............................................41 G.7 2052.216-73 ACCELERATED TASK ORDER PROCEDURES. (JAN 1993)...................42 H - Special Contract Requirements.............................................................................................43 H.1 NRC SPECIFIC INFORMATION......................................................................................43 H.2 SECURITY REQUIREMENTS FOR CONTRACTORS (JULY 2022)...............................47 H.3 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS (MAY 2022)...........49 H.4 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL EXCEPTIONS (JUL 2016).......................................................................................................62 H.5 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY...............................................63 H.6 LICENSE FEE RECOVERY COSTS................................................................................64 H.7 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS......................64 H.8 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE.....................................65 H.9 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS........................65 H.10 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (MAY 2016)..................66 H.11 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORTS OR THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS (JUL 2016)...............................................................................................................................67 H.12 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES.........................................................................................68 H.13 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (MARCH 2019)

.................................................................................................................................................68 H.14 GREEN PURCHASING (SEP 2015 )..............................................................................69 H.15 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS....................................................................................69

31310023D0004 Page 4 H.16 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS............................69 H.17 SECURITY REQUIREMENTS FOR UNESCORTED ACCESS TO NUCLEAR POWER PLANTS (SEP 2013)...............................................................................................................70 H.18 2052.204-70 SECURITY. (OCT 1999)............................................................................72 H.19 2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993)...........................74 H.20 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993).......................................................................................................................................74 H.21 2052.215-70 KEY PERSONNEL. (JAN 1993)................................................................77 H.22 2052.235-70 PUBLICATION OF RESEARCH RESULTS. (OCT 1999).........................78 H.23 2052.242-70 RESOLVING DIFFERING PROFESSIONAL VIEWS. (OCT 1999)...........79 H.24 2052.242-71 PROCEDURES FOR RESOLVING DIFFERING PROFESSIONAL VIEWS.

(OCT 1999)..............................................................................................................................79 I - Contract Clauses.....................................................................................................................82 I.1 NRC ACQUISTION REGULATION (NRCAR) PROVISIONS AND CLAUSES (AUG 2011)

.................................................................................................................................................82 I.87 52.203-14 DISPLAY OF HOTLINE POSTER(S). (NOV 2021).........................................96 I.88 52.216-7 ALLOWABLE COST AND PAYMENT. (AUG 2018) - ALTERNATE IV (AUG 2012).......................................................................................................................................97 I.89 52.216-18 ORDERING. (AUG 2020)..............................................................................103 I.90 52.216-19 ORDER LIMITATIONS. (OCT 1995).............................................................104 I.91 52.216-22 INDEFINITE QUANTITY. (OCT 1995)..........................................................104 I.92 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999).............................................105 I.93 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000).........105 I.94 52.222-2 PAYMENT FOR OVERTIME PREMIUMS. (JUL 1990)..................................105 J - List of Documents, Exhibits and Other Attachments............................................................107

31310023D0004 Page 5 B - Supplies or Services/Prices B.1 BRIEF DESCRIPTION OF WORK ALTERNATE I (a) The title of this project is: Charter Contract for the Operation of the Center for Nuclear Waste Regulatory Analyses as the NRCs Federally Funded Research and Development Center (FFRDC)-Seventh Renewal (b) Summary work description: The Nuclear Regulatory Commission's (NRC's)

Federally Funded Research and Development Center (FFRDC) Center for Nuclear Waste Regulatory Analyses (CNWRA or Center) shall provide the necessary personnel, materials, equipment, facilities, and other services to conduct technical assistance and regulatory analysis support for NRC in support of its regulatory program as related to the nuclear fuel cycle activities including but not limited to reprocessing, extended storage, storage/transportation, regulatory process improvements, future geologic disposal regulatory programs, and advanced fuel programs and activities under the NWPA and the evolving National policy for a high-level radioactive waste disposal system. These activities may include, but are not limited to support associated with recommendations related to: 1) a new approach to siting and development of national disposal system(s); 2) a new single-purpose organization focused on nuclear waste in the United States (transportation, storage, disposal), 3) development of permanent deep geological disposal site(s) for spent fuel and high-level nuclear waste; 4) development of one or more consolidated interim storage facilities (CISFs) as part of managing the back end of the nuclear fuel cycle; 5) creation of stable, long-term support for research, development, and demonstration (RD&D) including advanced reactor and fuel cycle technologies; and 6) provision of international leadership to address global non-proliferation concerns and improve the safety and security of nuclear facilities and materials world-wide.

(c) Orders will be issued for work in accordance with FAR 52.216 Ordering.

B.2 TYPE OF CONTRACT (JULY 2020)

The contract type for this award is Indefinite-Delivery-Indefinite-Quantity Cost-Plus-Fixed-Fee.

B.3 CONSIDERATION AND OBLIGATIONINDEFINITE-QUANTITY CONTRACT (a) The estimated total quantity of this contract for the products/services under this contract is (base period). This amount will increase upon exercise of any option years as shown in Section B.4.

(b) The Contracting Officer will obligate funds on each task order issued.

(c) The minimum guarantee under this contract is (d) The obligated amount for this contract is determined based on task order.

(e) A total estimated cost and fee, if any, will be negotiated for each task order and will be incorporated as a ceiling in the resultant task order. The Contractor shall comply with the provisions of FAR 52.232 Limitation of Cost for fully-funded task orders and FAR 52.232-22

- Limitation of Funds for incrementally-funded task orders, issued hereunder.

B.4 PRICE/COST SCHEDULE

31310023D0004 Page 8 C - Description/Specifications C.1 STATEMENT OF WORK C.1.1 Background Authority: The CNWRA or Center performs project work required by the NRC within its purpose, mission, scope, and special competencies as described in the Charter Contract and in accordance with 48 C.F.R. (FAR) 6.302-3(a)(2)(ii). In addition to this work, the CNWRA may, as approved by NRC, perform work for others [federal or commercial organizations/entities], or NRC program offices, within its special competencies, consistent with the provisions of the Federal Acquisition Regulation (FAR) Subsection 35.017.

C.1.1.1 Nuclear Waste Policy Act of 1982 The Nuclear Waste Policy Act of 1982 as amended (NWPA), sets forth the policy of the United States with regard to the management, storage, transportation, and disposal of this nation's high-level radioactive waste from commercial and defense activities. The NWPA charges the Department of Energy (DOE) as the lead Federal Agency to manage the siting, operation, and permanent closure of high-level waste (HLW) management facilities, including geologic repositories and, if necessary, an interim storage system, and transportation of high-level waste under the NWPA. The NRC is charged under the NWPA as the Federal Agency which will regulate DOE's activities under Commission rules so as to assure protection of public health and safety and the environment. The NWPA also sets forth specific institutional processes which involve State, Tribal, and affected units of local government participation through the program and involve long-term schedules that carry the program through the performance confirmation and closure phases.

C.1.1.2 Need for Federally Funded Research and Development Center (FFRDC) Support to NRC Within the NRC, the Office of Nuclear Material Safety and Safeguards (NMSS) has programmatic lead for planning, developing, and executing the regulatory program for NWPA activities. In fulfillment of these responsibilities, NMSS is supported by other offices, such as the Office of General Counsel (OGC), the Office of Nuclear Regulatory Research (RES), the Office of Nuclear Security and Incident Response (NSIR), the Office of Nuclear Reactor Regulation (NRR), and the Office of Administration (ADM) as warranted and as the budget permits. NRC maintains a strong, technically competent staff in nuclear and nuclear fuel regulation. However, the scope of the NWPA requires technical and research support in areas where external expertise may be needed to supplement those of the NRC staff, e.g., geology, geochemistry, hydrology, hydrogeology, seismology, corrosion of waste packages, and HLW waste form materials, in addition to outreach to stakeholders and continuing prelicensing interactions with the applicant. Furthermore, NRC lacks the experimental infrastructures and resources that are required to verify and validate the applicants laboratory and field tests. During the HLW repository prelicensing and licensing periods, the NRC's need for NWPA related technical assistance and regulatory analysis was supported by the CNWRA, the NRCs sole FFRDC established in 1987 in accordance with Federal Acquisition Regulation (FAR) SubPart 35.017.

The special circumstances necessitating sponsorship of an FFRDC are:

• The Need to Avoid Conflict of Interest with Regard to NRCs Technical Assistance and

31310023D0004 Page 9 Regulatory Analysis Support Program Related to the NWPA and the Waste Management Program.

Many of NRCs prior contractors either had contracts or were competing for contracts under the DOE nuclear waste program, as well as with NRC's licensees or other parties involved in the Commission's licensing hearings. Because DOE was and may be the applicant in NRC HLW repository licensing matters in the future, and States and Tribes are parties to the licensing proceedings under the NWPA, concurrent work by NRC contractors for any of the above could diminish the contractors capacity to give impartial, technically sound, objective assistance and advice or might otherwise result in biased work products. Further, regardless of whether DOE is the applicant in the future, it is assumed that DOE laboratories will remain involved in preparing HLW repository licensing materials. This potential for conflict of interest could result in significant delays to or preclude these contractors participation in NRC's licensing proceeding, which is a critical path milestone of the national waste management program.

• The Need for Long-Term Continuity in Technical Assistance and Regulatory Analysis Support Because of the need to avoid circumstances that give rise to organizational conflict of interest, NRC has in the past lost access to some of its contractual support providing essential technical expertise. Since NRCs responsibilities under NWPA span many decades, continuity in technical expertise is essential to the success of NRCs licensing program. The CNWRAs high-level waste technical competency and its experience in regulatory and technical support to NRCs licensing matters have become an indispensable asset to NRC since 1987. Continuing to maintain the FFRDC ensures required continuity in technical expertise supporting HLW management programs at the NRC.

C.1.1.3 Commitments The specific commitments between the NRC and the Center are as follows:

C.1.1.3.1 The Center shall assist the NRC staff in HLW management technical areas and related regulatory analysis support. It shall provide testimony by its expert staff, as required, during adjudicatory hearings before the Atomic Safety and Licensing Board Panel, the Commission, or in the court, dealing with cases related to the NRCs regulatory programs, as covered in this Statement of Work.

C.1.1.3.2 NRC will provide the Center access to technical and programmatic materials and facilitate CNWRA staffs access to NRC contractors, DOE facilities or contractors, and other licensee or applicant facilities as NRC deems appropriate, in support of NRC licensing matters, or in providing technical assistance and regulatory analysis support to NRC staff.

C.1.1.3.3 NRC will keep the Center cognizant of all substantive staff and regulatory decisions on NWPA/waste management activities and other HLW management activities, (e.g., reprocessing, spent fuel storage and transportation, advanced fuel programs, and Greater-Than-Class-C (GTCC) related regulatory analysis).

C.1.1.3.4 The Center shall draft written positions, as requested by NRC, on major regulatory and programmatic issues in support of the NRC decision-making process.

31310023D0004 Page 10 C.1.1.3.5 The Center shall consult and obtain NRC approval prior to scheduling any interactions between itself, DOE, and other licensee or applicant or other parties to any licensing proceedings.

C.1.1.3.6 The Center shall focus regulatory analysis support efforts to reduce uncertainty and improve realism in performance assessments in a risk-informed and performance-based manner to provide the bases for NRCs regulatory decision-making and associated risk assessments. It is anticipated that the regulatory analysis support efforts will include laboratory and field testing of phenomena important to repository safety and waste isolation and testing the validity of performance assessment and process level models, and for performance confirmation primarily in the areas of the natural setting and engineered systems. Regulatory analysis support activities, needed from time to time, include and are not limited to disposal of GTCC, DOE HLW determination or waste incidental to reprocessing, reprocessing of spent nuclear fuel, consolidated interim storage facility licensing, storage and transportation of spent nuclear fuel, regulatory process improvements, advanced fuel programs, future geologic disposal regulatory programs, and other HLW management related technical areas.

C.1.1.3.7 The Center shall focus its work on ways that help the NRC achieve its mission, strategic plan goals, mission related performance goals, and supporting strategies for nuclear waste safety and waste management. The strategic goal is preventing significant adverse impacts from radioactive waste to the current and future public health and safety and the environment and promoting the common defense and security. The NRCs performance goals are: (1) ensure protection of public health and safety and the environment; (2) ensure the secure use and management of radioactive materials; (3) ensure openness in NRCs regulatory process; (4) ensure that NRC actions are effective, efficient, realistic, and timely; and (5) ensure excellence in agency management to carry out the NRCs strategic objective. The NRCs strategic objective is to enable the use and management of radioactive materials and nuclear fuels for beneficial civilian purposes in a manner that protects public health and safety and the environment, promotes the security of our nation, and provides for regulatory actions that are open, effective, efficient, realistic, and timely.

C.2 Scope of Work for the Center C.2.1 The charter discussing the requirement for the Center and delineating the mission and major functions of the Center is included as Attachment 1.

C.2.2 The Center shall provide the necessary personnel, materials, equipment, facilities, and other services to conduct technical assistance and regulatory analysis support for NRC in support of its regulatory program as related to the nuclear fuel cycle activities including but not limited to reprocessing, extended storage, storage/transportation, regulatory process improvements, future geologic disposal regulatory programs, and advanced fuel programs and activities under the NWPA and the evolving National policy for a high-level radioactive waste disposal system. These activities may include, but are not limited to support associated with recommendations related to: 1) a new approach to siting and development of national disposal system(s); 2) a new single-purpose organization focused on nuclear waste in the United States (transportation, storage, disposal), 3) development of permanent deep geological disposal site(s) for spent fuel and high-level nuclear waste; 4) development of one or more consolidated interim storage facilities (CISFs) as part of managing the back end of the nuclear fuel cycle; 5) creation of stable, long-term support for research, development, and demonstration (RD&D)

31310023D0004 Page 11 including advanced reactor and fuel cycle technologies; and 6) provision of international leadership to address global non-proliferation concerns and improve the safety and security of nuclear facilities and materials world-wide.

When requested, the Center shall provide technical assistance to NRC for high-level waste handling, storage, transportation, aging, and disposal; its environmental impacts; and Section 151 activities concerning low-level waste. The Center will provide technical assistance to the NRC in support of: 1) creation of regulatory requirements and technical guidance; 2) development of technical assessment capabilities and methods; 3) quality assurance, audits, reviews and field verifications; 4) technical reviews related to NWPA, including reviews of and preparation of any required supplements to environmental impact statements related to the NWPA; 5) development of inspection procedures and assistance in the performance of inspections in accordance with applicable NRC Manual Chapters, Inspection Procedures, policies and staff guidance, etc.; 6) other special projects related to high-level waste management; 7) determinations of site sufficiency and waste form adequacy, as well as licensing reviews; 8) preparation of Safety Evaluation Reports, including supporting confirmatory analyses; and 9) participation in licensing hearings in the possible event of a license application.

The Center may be requested to conduct a program of regulatory analysis related to any potential repository sites, including but not limited to risk assessments and performance confirmation, consistent with the availability of funding to assist NRC in (1) development of licensing tools and technical bases, (2) development of independent understanding of processes and conditions affecting repository performance, 3) development of guidance documents and standard review plans, and 4) maintenance of an independent confirmatory regulatory analysis support capability. In addition, the Center shall provide technical assistance to support the NRC in other areas described herein, as required, including consolidated interim storage facilities.

In accordance with the provisions of the current FAR regulations and procedures attendant to the conduct of work by an FFRDC on behalf of its Sponsor, the Center will exercise its independence and initiative by offering professional advice and technical assistance on technical matters pertaining to development, allocation and execution of technical assistance and regulatory analysis support for efforts to be accomplished under its Charter. This will include, but not be limited to, the effective and efficient utilization of Center Charter program staff technical knowledge and experience in the selection, application and evaluation of approaches, methodologies and rationale for initiation, prioritization and conduct of new and existing work, irrespective of organizational (NRC or Center) origin. The Center will utilize its contractually funded opportunities to strengthen the professional knowledge and skills of its staff in order to enhance the quality of such professional advice and counsel during the term of this contract. Center staff will participate in national and international studies and workshops as appropriate (and as approved by NRC) to enhance its expertise.

C.2.3 The major areas of work for which specific direction may be issued are described below.

C.2.3.1 Systems Engineering and Integration, Including Technical Support for Regulatory Analysis Work under this area may include, but is not limited to: (1) systems engineering and integration applied to high-level waste disposal, other fuel cycle programs such as reprocessing and

31310023D0004 Page 12 advanced fuel development programs, and interim storage systems and subsystems performance, from NRC's regulatory perspective; (2) integration of multi-disciplinary technical reviews, analytical and strategic planning studies, technical support for regulatory analyses, including development and application of regulatory analysis methodologies and confirmatory analyses; (3) development and revision of regulations and standard review plans; (4) integration and assurance of consistency in all Center activities; and suggestions and recommendations relative to the integration of activities involving multiple disciplines and organizational units; (5) review and preparation of environmental documentation; (6) development and application of regulatory tools, such as, models, codes and performance confirmation methodologies; and (7) performing analyses of policy, environmental, socio-economic, institutional, and legal matters applied to issues for NWPA waste management activities.

C.2.3.2 Near-Term and Long-Term Performance of Geologic Setting Work under this area may include, but is not limited to: (1) site characterization review and evaluation of technical issues associated with geologic stability and near-term and long-term isolation provided or assisted by the geologic setting of a repository; (2) evaluation of natural hazards; (3) siting of interim storage facilities; (4) review and evaluation of selected plans and reports, and technical feasibility assessments involving high-level waste and other fuel cycle activities; (5) application of specialized capabilities related to radiological chemical contaminants in groundwater systems, investigation of geochemical parameters and processes, environmental sciences, remote sensing, and geographic information systems, and thermodynamic properties of natural and synthesized minerals, and evaluation of inadvertent human intrusion; and (6) development and application of licensing and confirmation tools, such as, models, codes, and performance confirmation methodologies.

Tasks involve technical disciplines in earth sciences, such as surface water hydrology, saturated and unsaturated groundwater hydrology, geomorphology, seismology, geophysics, stratigraphy, structural geology, geochemistry, solute transport, natural resource analysis, meteorology/climatology, tectonics, volcanology and utilizing 3-D computer models to both visualize and calculate the behavior of underground structures in fractured rock, faulted regions under variable stress conditions, saturated and unsaturated flow systems, and the distribution and variability of geochemical parameters and processes, and remote sensing and geographic information systems. Tasks in the regulatory analysis support areas may involve aspects of site stability, evaluation of the effects of changing geochemical conditions on waste containment systems for hazardous materials or hazardous material waste forms, analysis of groundwater flow, and evaluation of the potential for the movement or release of hazardous chemical or radioactive constituents through the geosphere.

C.2.3.3 Near-Term and Long-Term Performance of Engineered Barrier System Work under this area may include, but is not limited to: (1) review and evaluation of technical, radiological health and safety issues and design considerations associated with near-term and long-term isolation and containment of waste materials within the engineered barrier system of a geologic repository and other fuel cycle facilities; (2) designs and operation of interim storage facilities; (3) review and evaluation of selected plans and reports; (4) review and evaluation of the effects of adverse thermal and environmental conditions on engineered barriers and waste forms; (5) technical feasibility assessments involving high-level waste activities; and (6) development and application of licensing tools, such as, models, codes, and performance

31310023D0004 Page 13 confirmation methodologies. Tasks involve technical disciplines in areas such as chemical engineering, civil engineering, geotechnical engineering, mining engineering, nuclear engineering, electrochemistry, waste form behavior, material life prediction, reliability, materials science, glass sciences, corrosion engineering, manufacturing technology for metals, ceramic processing, geochemistry, rock mechanics, and probabilistic risk assessment, and criticality.

C.2.3.4 Waste Processing or Solidification Systems Work under this area may include, but is not limited to: (1) review and evaluation of technical issues associated with waste processing or solidification systems for waste forms that will be disposed in a proposed repository; (2) review and evaluation of technical issues related to worker and public health and safety and environmental protection associated with such processing or solidification systems; and (3) determinations with respect to whether certain wastes are high-level or non-high-level wastes.

Tasks involve technical disciplines in areas such as chemical engineering, waste form characterization and performance, nuclear materials processing, environmental science, glass science, off-gas treatment, corrosion engineering, nuclear engineering, structural and geotechnical engineering, and risk and hazards assessments.

C.2.3.5 Interim Storage, Extended Storage, and Repository Design, Construction and Operation Work under this area may include, but is not limited to: (1) review and evaluation of technical issues, design considerations, and human reliability issues associated with the licensing, construction, and operational performance, including radiological protection aspects, of interim storage facilities, and a high-level waste geologic repository; (2) review and evaluation of selected plans and reports, and technical feasibility assessments involving high-level waste activities; (3) laboratory and field research related to the stability of underground openings; and (4) development and application of licensing tools, such as, models, codes, and performance confirmation methodologies.

Tasks involve technical disciplines in geotechnical engineering, mining engineering, health physics, structural analysis, seismic design, surface-water hydrology, nuclear engineering, human reliability assessment, risk assessment, and operational safety assessment.

C.2.3.6 Regulatory Analysis Support Consistent with availability of funding and associated priorities, regulatory analysis support tasks may be assigned in areas that include, but are not limited to the following: (1) emerging areas where analysis, development of calculation methodologies, or other exploratory work is needed to evaluate areas of high sensitivity to safety or risk; (2) evaluation of the results of regulatory analysis support conducted by NRC, DOE, their contractors, and others; and (3) new topics that may result from interactions with review or oversight groups and or appropriate advisory committees such as, the Nuclear Waste Technical Review Board, the Advisory Committee on Reactor Safeguards, and the National Research Council of the National Academies. Work in this area will consider the ongoing investigation of potential repository and consolidated interim storage site(s) by DOE, a State, and other parties, the regulatory program of the NRC, and rule-making and related activities of the Environmental Protection Agency. Regulatory analysis

31310023D0004 Page 14 support shall be conducted, as necessary, in each of the broad areas of geologic setting; engineered barrier systems; interim storage and transportation; repository design, construction and operations; performance assessment; performance confirmation; environmental assessment; and related disciplines.

C.2.3.7 Public Outreach Support Work under this area may include, but is not limited to providing qualified facilitator services to coordinate and facilitate public meetings and workshops to collect input and feedback from external stakeholders and members of the public; assisting NRC staff in planning, coordinating, and documenting these public meetings and workshops with external stakeholders and members of the public; and support to other public outreach efforts including community decision-making tools or frameworks; and public education on NRC proposed actions, e.g.,

spent nuclear fuel transportation readiness review and expanded transportation studies.

Tasks may include assisting NRC staff in identifying presentation topics, reviewing draft and final NRC presentations, developing meeting and workshop agendas, preparing handouts, documenting the results of public meetings and workshops, participating in presentation dry runs to ensure that public meetings and workshops are conducted effectively, identifying meeting and workshop participants across the broad range of interests affected by the issues (e.g., rulemaking), identifying issues that are important to the participants for purposes of meeting and workshop agenda building; and ensuring that all meeting and workshop participants receive all materials before the meeting and workshop, including background material, agenda and participant lists.

C.2.3.8 CNWRA Management and Infrastructure-Related Activities A. Cost Elements Included in General Operations as Direct Costs Work under this area may include, but is not limited to, the development and implementation of necessary administrative, financial, management, and quality assurance procedures and practices needed to successfully operate a FFRDC. Activities will encompass (1) providing management, financial oversight and reporting, and technical support associated with the FFRDC that is not project or task-order specific, including special annual or other reporting requirements; (2) providing Information Management Systems (IMS) support for hardware and software infrastructure required to meet the information security requirements described in Item (5) of this clause or to conduct NRC-funded projects and task orders; (3) developing and sustaining technical, analytical, and regulatory capabilities, through training or other means, specified by NRC or required to fulfill particular requirements of NRC-funded projects or task orders; (4) maintaining and implementing a quality assurance program that meets the specific requirements of Clause E.3 of this contract, excluding task-and project-specific requirements, which are budgeted as direct costs to those tasks and projects; (5) complying with the Federal Information Security Modernization Act (2014), specifically, Center management and staff shall comply with the National Institute of Science and Technology (NIST) Special Publication (SP) 800-18, Guide for Developing Security Plans for Information Technology Systems, as Revision 1, NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations, as Revision 2, and NRC Management Directive 12.5, NRC Cybersecurity Program; and (6) handling Controlled Unclassified Information (CUI) in accordance with EO 13556, 32 CFR Part 2002, and the CUI Registry.

31310023D0004 Page 15 B. Cost Elements Included as Indirect Costs Work under this area may include, but is not limited to, the development and implementation of administrative, financial, management, and quality assurance procedures and practices that are generally applicable to operation of any business entity. Activities will encompass (1) providing general management oversight and financial services support, including interfaces within Southwest Research Institute (SwRI); (2) providing IMS support for general purpose hardware and software infrastructure that is not specified by NRC or required to meet particular requirements of NRC-funded projects and task orders; (3) implementing a human resources and employee development program, including associated general-purpose training, development, and continuing education; and (4) providing physical and information security consistent with commercial contracting practices of the non-Federal organizations.

C.2.3.9 Performance Assessment Work under this area may include, but is not limited to: (1) review and evaluation of the technical issues associated with the performance assessment (PA) and probabilistic risk assessment of the potential repository system, consolidated interim storage and other fuel cycle facilities; (2) review and evaluation of selected plans and reports; (3) technical assessments including sensitivity and uncertainty analyses for understanding and identifying the importance of processes and parameters associated with facility performance; (4) assistance in public outreach and communication activities; and (5) development and application of regulatory tools, such as models, codes, probabilistic risk assessment and performance confirmation methodologies.

Tasks include technical support for the resolution of risk and performance assessment licensing issues; development of conceptual and mathematical models; development, maintenance, and configuration management of a library of computer codes; pathway dose assessment; and radiological health and safety assessment.

C.2.3.10 Environmental Review Activities Work under this area may include, but is not limited to: (1) review (and development, if requested) of draft, final and supplementary Environmental Impact Statements (EISs) and Environment Assessments (EAs) for a proposed NRC-licensed HLW repository, interim storage facilities, reprocessing rulemaking support, HLW transportation and other activities under NWPA that may require such statements or assessments; (2) update of environmental review guidance; (3) assisting NRC staff with environmental justice efforts regarding EISs and EAs, and (4) preparation of comments documenting those reviews. Tasks would involve technical disciplines in areas such as environmental science and engineering; geosciences; cultural, natural, and economic resources; land use; dose and risk assessment; transportation; environmental justice and socioeconomics.

C.2.3.11 External Quality Assurance Work under this area may include, but is not limited to: (1) performing observation(s) and audit(s) of DOE or other licensees under the NWPA; (2) conducting quality assurance on-site visits and verifications; (3) providing expert advice to NRC staff on updates of the QA Review

31310023D0004 Page 16 Plan and technical positions on quality assurance; and (4) reviewing DOE or other licensee management control documents and revisions to previously approved quality assurance plans for program participants/contractors.

C.2.3.12 Inspection Program Related to Potential Sites for HLW Disposal and Other NWPA-Related Programs Work under this area may include but is not limited to: (1) developing NRC Inspection Procedures; (2) supporting inspections of DOE and other NWPA-related programs and facilities; and (3) reviewing and evaluating technical issues associated with safe construction and operation of those facilities. Work involving contractor support and participation on an inspection such as preparing for the inspection, performing the inspection, and preparing the input for the inspection report shall be in accordance with applicable NRC Manual Chapters and Inspection Procedures.

C.2.3.13 NWPA-Related Reviews of Non-HLW Determinations Activities under this area may include, but are not limited to: (1) review DOEs technical analysis and associated documentation related to their non-HLW determinations; (2) provide input to NRC staff for requests for additional information; (3) provide support in the development of Technical Evaluation Reports; (4) provide support to NRC in its monitoring role, including reviewing monitoring reports, assisting in the development of NRC monitoring plans, participating in on-site audits at DOE facilities, providing input to compliance reports; (5) supporting investigation of generic topics and development of guidance on implementing the NRC responsibilities under the Ronald W. Reagan National Defense Authorization Act of Fiscal Year 2005 (NDAA) Section 3116; (6) provide enhancements to the modeling capability with the GoldSim (a registered trademark of GoldSim Technology Group, LLC) performance assessment software and related work; and (7) assist in the analysis of cross-cutting technical issues and development of multi-agency material.

C.2.3.14 Independent Spent Fuel Storage Installation Reviews Activities under this area may include, but are not limited to: (1) review of new and renewal applications for Independent Spent Fuel Storage Installation (ISFSI) licenses or certificates of compliance for dry storage systems, accepting either light water reactor spent fuel or spent advanced fuel, (2) development of a Safety Evaluation Report, based on the regulatory requirements from 10 CFR Part 72 and associated staff guidance, (3) during the review the Center staff may propose and if approved by the NRC TO COR conduct selected independent analyses to confirm the applicant conclusions. If needed, Center staff will use codes such as ABAQUS, SAP2000, and LS-DYNA for mechanical, structural or thermal calculations. For radiation shielding, criticality, or atmospheric release calculations, Center will utilize common industry-accepted codes, such as MCNP5 and SCALE, and will use applicable design codes and standards, such as the American Concrete Institute (ACI), American Institute of Steel Construction (AISC), and American Society of Mechanical Engineers (ASME).

C.2.3.15 Fresh and Spent Fuel Transportation Package Reviews Activities under this area may include, but are not limited to: (1) review of the applications for new and amended fresh and spent fuel transportation package designs containing light water

31310023D0004 Page 17 reactor fuel or advanced reactor fuel, (2) development of a Request for Additional information and Safety Evaluation Report, based on the regulatory requirements from 10 CFR Part 71 and associated staff guidance, (3) during the review the Center staff may propose and, if approved by the NRC TO COR, conduct selected independent analyses to confirm the applicant conclusions. If needed, Center staff will use codes such as ANSYS, ABAQUS, SAP2000, and LS-DYNA for mechanical, structural or thermal calculations. For radiation shielding, criticality, or atmospheric release calculations, Center will utilize common industry-accepted codes, such as MCNP5 and SCALE, and will use applicable design codes and standards, such as the American Concrete Institute (ACI), American Institute of Steel Construction (AISC), and American Society of Mechanical Engineers (ASME).

C.2.3.16 Spent Nuclear Fuel Key Regulatory and Technical Issues Activities under this area may include, but are not limited to: (1) research and identification of key technical and regulatory issues related to storage, transportation, and geologic disposal of light water reactor spent fuel and spent advanced fuel in alternate media and developing strategies and detailed plans for resolving them; (2) consider information obtained from other countries; (3) conduct a literature review and produce a synthesis report for issues that may require conducting specific and well-defined tests, experiments, or modeling ; and (4) organize and conduct workshops in order to disseminate and discuss information obtained in the areas of coupled processes, corrosion, waste forms, sorption, and buffers/backfills; (5) produce topical reports in select technical areas such as salt rock disposal, deep borehole disposal, regulatory perspectives on climate change adaptation, crustal stress states, geophysical site characterization methods, and biosphere modeling approaches; and (6) participate in selected international cooperative research programs.

C.2.3.17 International Programs Activities under this area may include but are not limited to: (1) revising the international country and program surveys to document additional activities (e.g., long term storage and reprocessing) and (2) assisting NRC in the development of a knowledge flow database and its quantitative metrics that support the decision making of NRC international engagement activities.

C.2.3.18 Licensing of Reprocessing Facilities Activities under this area may include, but are not limited to: (1) updating the NRC NMSS gap analysis, which identified 23 issues, and the regulatory bases subsequently developed for licensing reprocessing and associated facilities (e.g., vitrification, fuel fabrication, onsite storage), to include any issues that may relate to novel and advanced reactors and advanced fuel technologies; (2) supporting NRC in soliciting stakeholder feedback through public outreach activities to determine additional gaps to be included in the list of topics for updating the regulatory bases; (3) supporting NRC in the ongoing regulatory bases development activities applicable to reprocessing facilities with demonstrably mature and deployable technology by conducting independent peer reviews of draft regulatory bases prepared by the NRC staff and by identifying any technical information gaps and proposing means for resolution of those information gaps to support the regulatory bases update; (4) develop a standard review plan for reprocessing facility applications, (5) update Regulatory Guides associated with the standard review plan, and (6) organizing public workshop(s) and providing meeting planning support and

31310023D0004 Page 18 facilitator services, as requested.

C.2.3.19 Quantitative Hazards Methods Development for Reprocessing Activities under this area may include, but are not limited to: (1) developing a high-level reference design for advanced reprocessing facilities using aqueous and electrochemical separation technologies and to estimate the radiological and chemical inventories that could be released to work areas and the environment as a result of significant accidents; (2) refining the existing process flow diagram and develop generic flow sheets for a Plutonium-Uranium Extraction (PUREX)/CO-Extraction (COEX) aqueous and electrochemical processes incorporating material balance for nominal annual throughput of 1,000 MTIHM of spent nuclear fuel for aqueous and 400 MTIHM for electrochemical; (3) developing a reference design for an advanced aqueous and electrochemical reprocessing facility and identify equipment, systems, and vessels including rough dimensions to support subsequent hazards analysis and dose calculations; (4) identifying and assessing consequences of the most severe accidents (accident categories) that could potentially result in public dose consequences much greater than the high consequence dose threshold defined in 10 C.F.R. § 70.61; (5) independently exercising the hybrid Integrated Safety Analysis (ISA)/Probabilistic Risk Assessment (PRA) methodologies for three selected representative processes from the reference facility designs which involve accidents that could potentially result in unmitigated consequences that are much greater than the high consequence threshold; and (6) developing hardware and human reliability databases associated with aqueous and electrochemical reprocessing facilities. NRC and Center will collaboratively select representative processes for hybrid ISA and PRA evaluations. Center will develop hardware and human reliability databases that may be applicable to advanced fuel cycle facilities including aqueous and electrochemical ISA and PRA. Staff will use the safety evaluation report for MOX fuel fabrication facility (MFFF - NUREG-1821), ISA-related documents, hazard assessment and consequence analysis and information and data collected on hardware and human reliability and hazards and initiating events from the literature and site visits.

C.2.3.20 Regulatory Process Improvement Review to Identify Efficiency and Effectiveness Enhancements to the Storage of Spent Fuel Activities under this area may include, but are not limited to: (1) assist in benchmarking the inspection and enforcement program for 10 CFR Parts 50, 52, 71, 72, and 73 to identify any inconsistencies, missing information, or other issues in the 10 CFR Parts 71 and 72 inspection and enforcement documents; (2) support NRC in evaluating the current implementation of inspection and enforcement program for 10 CFR Parts 71 and 72 to identify any deviations or enhancements from the inspection and enforcement documents; (3) identify and document inspection and enforcement process improvements for spent fuel storage and transportation, prioritized using a risk-informed, performance-based approach, to be more effective and efficient; (4) develop performance metrics for efficiency and effectiveness improvements in the inspection and enforcement program; (5) support performing this review in a transparent, participatory, and collaborative manner with stakeholders, which may include facilitation of an internal NRC working group, holding public meetings and workshops with external stakeholders, and using other methods to enhance stakeholder participation; (6) prepare a report (considering input from stakeholders) on how the current 10 CFR Parts 71 and 72 inspection and enforcement processes can be improved to meet objectives described previously; (7) support NRC in the implementation of the report recommendations, working in close coordination with

31310023D0004 Page 19 NRC staff; and (8) participate in independent spent fuel storage installations overview training development and deployment.

C.2.3.21 Analytical Support for Regulation of Extended Spent Fuel Storage Activities under this area may include, but are not limited to: (1) support NRC related to the evaluation of technical issues associated with extended spent fuel storage such as: the development and evaluation of cask demonstration programs; and the evaluation of cask drying adequacy; (2) development and evaluation will be conducted in a transparent, participatory, and collaborative manner with internal and external stakeholders as directed by the NRC; (3) the sequential development and evaluation of a series of progressively less complicated prototype cask demonstration programs to determine what information can be garnered from each program (the most complicated demonstration program will include all possible fuels, cask designs, cask uses, and demonstration sites to obtain the maximum amount of data, (e.g., how fuels could include low and high burnup commercial UO2 fuel, mixed oxide fuel, damaged fuel, and others, and the demonstration sites could include reactor sites, decommissioned reactor sites, away from reactor sites, and monitored retrievable storage sites); (4) monitoring during storage could include temperature, gas release, drying, degradation of concrete or the cask exterior surface, or radiation; (5) examine the integrity of cladding and other cask structures, systems and components, at the end of the prototype demonstration program; and (6) evaluation of the pros and cons of each prototype cask demonstration program developed in this work in relation to factors such as timing, costs, availability of fuel and casks, and regulatory requirements.

C.2.3.22 Assessment of Consequence Data and Tools for Extended Dry Storage Activities under this area may include, but are not limited to: (1) support NRC activities to develop a risk-informed regulatory framework for long-term dry cask storage of spent nuclear fuel, including a literature survey to develop technical bases for factors affecting the release fractions in a storage cask; (2) identification of factors that may influence release fractions; (3) survey of existing knowledge regarding these factors; (4) recommendation of parameter values and appropriate ranges, if available; (5) as required and approved by NRC, research to address uncertainties; (6) searching for relevant information in the open literature, NRC guidance documents, previous NRC studies, and NRC contractors reports, documents prepared by the U.S. Department of Energy and its national laboratories; and other documentation for extended Spent Nuclear Fuel storage programs in the United States and abroad; and (7) documenting results of this literature survey in a letter report.

C.2.3.23 Analyses of Material Degradation Mechanisms for Spent Nuclear Fuel Storage and Transportation Casks Activities under this area may include, but are not limited to: (1) support to NRC in determining the minimum chloride concentration for the onset of stress corrosion cracking (SCC) in austenitic stainless steel alloys used for dry cask storage systems at a particular temperature; (2) determine which non-coastal dusts or atmospheric deposits may contribute to SCC of dry cask alloys; (3) evaluate the effects of canister temperatures between 50 and 80 degrees C (122 to 176 degrees F) under realistic atmospheric conditions on SCC of dry cask storage materials; (4) other material degradation mechanisms caused by, but are not limited to, general and localized corrosion and hydrogen induced embrittling of storage canister or fuel assembly

31310023D0004 Page 20 components; (5) results of this effort will be used to support the development of regulatory guidance, including the technical basis for inspection requirements, aging management, and evaluation of proposed industry actions to mitigate impacts of material degradation on storage and transportation safety; (6) efforts include preparation of test specimens, atmospheric exposure testing, examination of test specimens, additional low salt concentration and corrosion testing, literature review, deliquescence testing of dusts and atmospheric deposits, SCC testing with dusts and atmospheric deposits, and other corrosion and material degradation testing; and (7) documentation in a technical letter report.

C.2.3.24 Random Vibration Theory for Seismic Site Response Analyses Activities under this area may include, but are not limited to: (1) organize and conduct a workshop that provides guidance to NRC staff on the appropriate use of Random Vibration Theory (RVT) within site response/amplification analyses; (2) assess the strengths and weaknesses of different implementations of the RVT method including potential limitations of the method by a group of RVT and site response analysis experts; and (3) present results to NRC staff at the headquarters.

C.3 Meetings The Center shall participate in the following types of NRC meetings when applicable:

C.3.1 Technical Meetings The Center shall participate at meetings in which NRC plans to provide technical direction or discuss technical work done or being proposed by the Center. Such meetings are scheduled and chaired by the NRC in accordance with an agenda coordinated with the Center. Only the NRC COR is authorized to issue technical direction. in accordance with specific limitations of authority.

C.3.2 Management Meetings When required by NRC, the Center shall participate in management meetings. Often held in conjunction with, but, where appropriate, separate from, technical direction meetings, these meetings are held for the purpose of discussing the conduct of the contracted effort with Center management officials. During these meetings the Center shall brief the NRC regarding any problems encountered and/or problems anticipated and their effect on the terms of the contract.

Modifications and/or the addition of new required work to the contract will be discussed jointly and the NRC may decide on any necessary changes. The Contracting Officer will issue a modification to the Center based on changes agreed to at the meeting.

C.3.3 Technical Exchange Meetings with NRC Contractors The Center, with prior coordination with the NRC, shall establish and conduct meetings for the purpose of exchanging technical information with other NRC contractors and subcontractors.

Unless otherwise notified by the NRC COR, the Center shall provide minutes and distribute them to the NRC and the contractor(s).

C.3.4 Technical Exchange Meetings with Licensees, States and Tribes

31310023D0004 Page 21 When required by the NRC, the Center shall participate in meetings with licensees, States, tribes, and/or other governmental agencies, including their contractors, and in the associated regulatory proceedings.

C.3.5 Other Meetings As requested, the Center shall participate in other meetings, including but not limited to, Office, Division, Branch, and project-specific meetings.

C.4 Deliverables Each task order will specify all reporting requirements and deliverables.

Deliverables under the task order may include but are not limited to:

(i) Monthly Letter Status Report (MLSR) and Contract Spending Plan (CSP) :

The contractor shall provide a MLSR by the 20th of each month to the COR and CO which consists of a technical progress report and financial status report. A separate MLSR must be provided for each task order. This report will be used by the Government to assess the adequacy of the resources proposed by the contractor to accomplish the work and provide status of contractor progress in achieving tasks and producing deliverables. If no work was performed during the prior month, the contractor shall not prepare and submit an MLSR. Refer to Attachment X for MLSR instructions and template.

The NRC requires that the CSP be completed for cost reimbursement contracts when the award amount is expected to exceed $100,000 and the period of performance is expected to exceed 6 months. For task order type contracts, a CSP is required when an individual cost reimbursement task order is expected to exceed the above thresholds. When contract or task order modification increases the contract or task order amount of a cost reimbursement contract or task order to over $100,000 and the period of performance from the effective date of the modification to the contract or task order expiration exceeds 6 months, a CSP is required for all contract work to be performed after the effective date of the modification. As applicable, due monthly with the MLSR to COR and CO.

(ii) Annual Summary: The Center shall provide an annual summary of the major program areas as requested by the NRC. This summary will serve to: (1) evaluate progress made in the previous fiscal year, (2) indicate any adjustments warranted in the Center's opinion, and (3) allow NRC to advise the Center on areas of emphasis and/or modification to the Center's task order activities.

(iii) Technical Evaluation Report (TER): Requests for this type of report are made when a formal report is required but the distribution is limited. As appropriate, the draft and final TERs will summarize the work performed, results attained, findings, conclusions and recommendations.

(iv) NUREG/CR Report: This is the most formal Contractor report and is requested when there is significant and important compilation of information and wide distribution of the report as a stand-alone document is required and when the staff believes the document will be referenced

31310023D0004 Page 22 frequently. NUREG/CR reports require the completion/execution of an NRC form 426A, to be completed by the Contractor and sent to the COR for processing. For further information refer to Management Directive 3.7, NUREG-Series Publications. Final reports that are to be published by NRC as NUREGs shall be developed and submitted in accordance with NRC standards in NUREG-0650, Revision 2, Preparing NUREG-Series Publications, and NUREG-1379, Revision 3, NRC Editorial Style Guide. NRC COR comments shall be addressed in the final reports or revisions thereto. The final formal NUREG Report shall be submitted in camera-ready copy for NRC publication.

(v) Trip Report: As required under a task order, any trip for which results are not directly incorporated into either of the above types of reports are documented in a short, concise trip report. Trips that are used as an input to an inspection report need not have a trip report.

(vi) Technical Letter Report: All other reports and documents and other information (e.g., RAI, computer software, inspection report inputs) due to be delivered by the Contractor under the contract that do not fall under the other types of reports listed above are transmitted under the cover of a Technical Letter Report.

The transmittal letter and cover page of each technical deliverable should reference the contract number, the task order number and title, NRC cost activity code (CAC) number or inspection report number, and the facility name and docket number, as appropriate. Certain deliverables may need to be prepared in NUREG or NUREG/CR format. If draft reports are required, the number of drafts expected will be stated in each task order. If proprietary or other sensitive information will be included in the report, the report will identify the proprietary or other sensitive information and specify the means of handling this information.

The COR will review all draft deliverables (and coordinate any internal NRC staff review, if needed) and provide comments back to the contractor. The Contractor shall revise the draft deliverable based on the comments provided by the COR, and then deliver the final version of the deliverable. 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.

All deliverables submitted under the individual task orders will be assumed to be accepted 30 calendar days after receipt by NRC COR, if the COR does not provide comments to the contrary.

The contractor shall provide deliverables in electronic formats in Microsoft Word format or portable document format (i.e., *.pdf) unless specified otherwise in the task order. Possible means of delivery include but are not limited to email transmittal or other mutually agreed upon secure electronic transmittal methods.

C.5 Technical Comments and Recommendations A. As a result of its review and evaluation activities relating to existing work, the Center shall provide comments and recommendations in writing to the NRC CNWRA Program Manager (PM) and/or NRC EWC/task order (TO) COR along with a copy to the CO that represent an independent technical assessment for his/her consideration.

31310023D0004 Page 23 The technical comments and recommendations shall include the reasons for the recommendation and define the proposed change in appropriate form to facilitate implementation by the NRC.

Pursuant to its Charter, the Center shall provide independent suggestions and recommendations concerning new work that will, in the opinion of the Center, benefit the NRC in the execution of its responsibilities under the NWPA.

When a recommendation introduces new work and/or requires changes to existing work, it shall include:

(i) A description of the new work and/or modification to existing work resulting from a thorough evaluation of current major areas of work.

(ii) A rationale for such suggestions and/or recommendations including a delineation of their cost and benefits, and (iii) Any schedule impacts that would occur as a result of adopting these suggestions and/or recommendations.

B. The NRC CNWRA PM and/or NRC EWC COR/TO COR will review the potential effects of the Center's technical comments and recommendations on these specific programs. After considering all other relevant factors, the NRC CNWRA PM or NRC EWC COR /TO COR may, when appropriate, determine that a change in a particular program is necessary to assure timely and economical accomplishment of program objectives, consistent with mission requirements.

Any required changes will be issued in a directive by the CO. When appropriate, prior to issuing direction, the NRC CNWRA PM and EWC COR/ TO COR together with the CO will review the proposed change with the appropriate Center staff.

C. If the Centers corresponding Program Manager (PM) believes that the NRC technical decision is not in the best interest of the particular program, he/she shall inform the EWC COR/TO COR and the NRC CNWRA PM. If the issue is not resolved, the Centers PM may request Center senior management to initiate a higher-level management review with the NRC.

Center's senior management and the Director of the Geosciences and Engineering Division would then discuss the issue with the management of the NMSS Division that oversees the particular program. Implementation of the decision may, at the discretion of the NRC CNWRA PM be withheld pending the reviews. If not otherwise resolved, ultimate referral shall be to the Director of NMSS, and the Director of the Geosciences and Engineering Division. In the event that agreement is not reached at this level, the Center will document its recommendations for inclusion in the NRC official Center contract file. Nevertheless, the decision of the Director, NMSS, will be final.

C.6 Advocacy The Center shall remain neutral on issues, positions or decisions pertaining to the resolution of high-level waste management and disposal, except in its interactions with NRC. Furthermore, no funds under this contract shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, or to pay the salary or expenses of any Center employee to engage in any activity designed to

31310023D0004 Page 24 influence any pending legislation or appropriations.

C.7 Center Responsibility Requirements All formal analyses and recommendations produced by the Center must be supported by documented reviews by senior Center staff and management. The Center must also assure that adequate peer review and quality assurance are applied to its products. In appropriate circumstances, the Center shall defend such positions in an adjudicatory proceeding.

C.8 Communications The NRC is solely responsible for communications within the NRC, with other Governmental agencies and licensees and, except for purely technical matters, with its contractors. The Center may, in the exercise of its technical responsibility, communicate and discuss technical matters with the NRC contractors and other authorized technical organizations and will review with the NRC all correspondence relating to work pertaining to a major program area prior to transmittal of such correspondence. Technical direction to NRC contractors will be provided solely by the NRC. In order to assure proper technical coordination, the NRC will inform the Center, when appropriate, of all technical correspondence to NRC's contractors prior to issuance.

C.9 Access to NRC Technical Data NRC will provide the Center with pertinent reports, data/information received from other sources which the Center identifies as beneficial to the understanding of the Statement of Work.

C.10 Access to NRC or other Government Facilities and Information NRC will be responsible for assuring that the Center has access to technical information, facilities, (including computer facilities), and activities and obtains the cooperation of program participants. This information exchange may involve NRC contractors, government agencies, government laboratories, or other organizations.

C.11 NRC Access to Center Facilities The Center shall assure that NRC personnel have access to appropriate Center facilities and activities and obtain the cooperation of all Center personnel with respect to the scope of this contract consistent with NRC funding.

C.12 Reciprocal Exchange of Staff All personnel exchanges between the Center and the NRC shall be performed in accordance with Attachment 6, CNWRA Administrative Procedure AP-008, Rev. 3 entitled Exchanges of Personnel between the Center and the U.S. NRC. Any change to this procedure shall be reflected via a modification to the contract.

C.13 Special/Core Competencies and Technical Skills Because of the specialized nature of the work, the CNWRA will have to demonstrate that the work is related to one or more of the CNWRAs special/core competencies, identified below, and

31310023D0004 Page 25 its ability to provide qualified personnel for each Task Order.

• Administration

• Civil, Structural and Mechanical Engineering

• Environmental Science and Environmental Engineering

• Geochemistry

• Geology and Geophysics

• Hydrology and Hydrologic Transport

• Material Sciences

• Health Physics

• Performance Assessment It is anticipated that one or more of the technical skills listed below will be needed to execute the individual Task Orders developed under this contract and support the above special/core competencies.

1. Nuclear Engineering Criticality Safety Fluid Systems Engineering Nuclear Fuel/Fuel Development Nuclear Systems Safety Reactor Safety Safety Analyst Systems Engineering

2. Mechanical Engineering Dynamic Sys Analysis (LOCA)

Fluid Dynamics Mechanical Systems Vibration Analysis

3. Electrical Engineering Digital Instrumentation & Controls Electrical Power Systems Engineer I & C Engineer Plant Instrumentation Vibration Monitoring

4. Fire Protection Fire Protection Engineer

5. Structural/Civil Engineering Construction Inspection Engineer Failure Analysis

31310023D0004 Page 26 Fracture Mechanics Structural Analysis

6. Seismic Geotechnical Earthquake Engineering Seismology

7. Environmental Air Quality Aquatic Biology Aquatic Ecology Archaeology Atmospheric Dispersion Environmental Justice Expert Geochemistry Geographical Information Systems Geology Geophysics Hydrology Land Use Meteorology Rock Mechanics Socio-economy Soil Sciences Terrestrial Ecology

8. Radiation Protection and Health Physics Dose Assessment Radiochemist Radiological Engineer

9. Thermal Hydraulics

10. Security Blast Analyst Controlled Substance Specialist Cyber security Specialist Drug Laboratory Specialist Explosive Expert Pharmacological Scientist Physical Protection Specialist Physical Security Plan Specialist Special Nuclear Material Security Specialist Stand-Off Specialist

31310023D0004 Page 27 Substance Abuse Expert Weaponeer

11. Emergency Preparedness Emergency Preparedness Specialist Emergency Response Coordinator

12. Materials Performance Corrosion & Fatigue Containment Systems Industry Codes & Standards Materials Engineer Metallurgy Nondestructive Evaluation Structural Materials

13. Severe Accidents Accident Analysis Expert

14. Risk Analysis (PRA)

Risk and Reliability Analyst

15. Human Factors/Human Reliability Analysis (HRA)

16. All Other Chemical Engineer Cultural Resources Document Specialist Equipment Qualification Engineer Evacuation Time Estimates Financial Rulemaking Fuel Cycle Fuel Handling Systems General Engineer General Scientist Industrial Engineering IT Specialist/Computer Science Mining Engineering Natural Phenomenon Planner Public Outreach/Stakeholder Engagement Quality Assurance Reactor Engineer Reactor Operations Engineer Reactor Physicist

31310023D0004 Page 28 Regulatory Analysis Scheduler Site Characterization Systems Modeling Technical Editor Transportation C.14 Meetings and Travel Each task order will specify any meetings or travel required for performance of the project(s) detailed in the statement of work. The Contractor shall obtain approval from the COR prior to conducting any travel during the task order period of performance. The contractor will be authorized travel expenses consistent with the Federal Travel Regulation (FTR) and the limitation of funds in the task order.

C.15 NRC Furnished Materials Any reports, documents, equipment, and other materials required by the contractor to perform the work will be stated in the NRC Furnished Materials Section of each task order statement of work. The Contractor will identify any additional NRC Furnished Materials that are needed. The COR will determine whether the NRC Furnished Materials will be provided by NRC or obtained directly by the Contractor from the Agency wide Document Access Management System (ADAMS), the NRC Public Document Room, or the NRC public web site.

C.16 License Fee Task orders placed under this contract may be either license fee-recoverable or non-license fee recoverable. Individual Task Orders will specify whether license fee recovery is applicable. Any special reporting requirements related to fee-recoverable work will be specified for each task order, when applicable.

C.17 Security Task orders placed under this contract may involve the contractor to access, possess, store or generate Sensitive Unclassified Information (SUNSI) or Safeguards Information (SGI).

Individual task orders will identify the required security access.

C.18 Section 508 - Accessibility Section 508 applicability will be determined on an individual task order basis.

C.18.1. 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

31310023D0004 Page 29 on January 22, 2018, effective March 23, 2018.

The revised 508 standards have replaced the term EIT with ICT (Information and Communication Technology). 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 equipment; customer premises equipment; multifunction office machines; software; applications; Web sites; videos; and, electronic content.

Note: Applicable electronic content includes:

1. Public Facing content

2. Agency Official Communication. Electronic content that is not public facing, when such content constitutes official business and is communicated through one or more of the following:

a. An emergency notification;

b. An initial or final decision adjudicating an administrative claim or proceeding;

c. An internal or external program or policy announcement;

d. A notice of benefits, program eligibility, employment opportunity, or personnel action;

e. A formal acknowledgement of receipt;

f. A survey questionnaire;

g. A template or form;

h. Educational or training materials; or

i. Intranet content designed as a Web page.

The text of the Standards for Section 508 of the Rehabilitation Act can be found in 36 CFR § 1194.1 and in Appendices A, C and D to Part 1194 (https://www.ecfr.gov/current/title-36/chapter-XI/part-1194?toc=1).

C.18.2. General Requirements 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 36 CFR § 1194.1 and in Appendices A, C and D to Part 1194.

C.18.3. Applicable Provisions of the Standards for Section 508 of the Rehabilitation Act The following is an outline of the standards that identifies what provisions are always applicable and which ones may be applicable.

Applicable to the Contract/Order?

Provision of 36 CFR Part 1194 Yes

1) Revised 508 Standards Yes a) Appendix A to Part 1194 - Section 508 of the Rehabilitation Act:

Application and Scoping Requirements Yes i) 508 Chapter 1: Application and Administration - sets forth general application and administration provisions

31310023D0004 Page 30 Yes ii) 508 Chapter 2: Scoping Requirements - containing scoping requirements (which, in turn, prescribe which ICT - and, in some cases, how many - must comply with the technical specifications)

Yes (as adjusted in the Exceptions section below)

(1) E202 General Exceptions Maybe (see the Other section below)

(2) E203.2 User Needs Yes (as adjusted in the Accessibility of Electronic Content section below)

(3) E205 Electronic Content See below b) Appendix C to Part 1194 - Functional Performance Criteria and Technical Requirements Maybe i) Chapter 3: Functional Performance Criteria - applies to ICT where required by 508 Chapter 2 (Scoping Requirements) and where otherwise referenced in any other chapter of the Revised 508 Standards No ii) Chapter 4: Hardware Yes iii) Chapter 5: Software Yes iv) Chapter 6: Support Documentation and Services (applicable to, but not limited to, help desks, call centers, training services, and automated self-service technical support)

Yes v) Chapter 7: Referenced Standards - the standards referenced here apply to ICT where required by Section 508 Chapter 2 (Scoping Requirements) and where referenced in any other chapter of the Revised 508 Standards Maybe (see the Legacy ICT section below)

2) Appendix D to Part 1194 - Electronic and Information Technology Accessibility Standards as Originally Published on December 21, 2000 Refer to 508 Chapter 2 (Scoping Requirements) first to confirm what provisions in Appendix C apply in a particular case.

C.18.4. Exceptions to the Standards C. 18.4.1. 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.

C.18.4.2. 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.

C.18.4.3. Incidental ICT ICT acquired by the Contractor incidental to this contract/order shall not be required to conform to the revised 508 standards.

Note: This only applies when the Contractor is procuring the ICT, only the Contractor personnel will access or use the ICT, and ownership of the ICT will remain with the Contractor upon completion of the contract/order.

31310023D0004 Page 31 C.18.4.4. ICT Functions Located in Maintenance or Monitoring Spaces 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.

C.18.4.5. 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.

C. 18.4.6. 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.

C.18.5. Additional Accessibility Requirements C.18.5.1. 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 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.

C.18.5.2. 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 either Public Facing or Agency Official Communication (as defined in sections E103 and E205.3 of 36 CFR § 1194, respectively) and therefore required to be conformant with section E205.4 of 36 CFR § 1194 then

a. The NRC may choose, for its own reasons, to take responsibility for the final conformance of the deliverable or its class of deliverables by explicitly identifying the deliverable or class of deliverables through one of the following means:

i. Identified in this contract/order, or

31310023D0004 Page 32 ii. Identified in writing to the Contractor by the COR, with a copy to the CO.

2. Otherwise, the NRC may still have a requirement that the deliverable be conformant with section E205.4 of 36 CFR § 1194, but only if the deliverable is explicitly identified in this contract/order as having that requirement.

C.18.5.3. 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 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.

C.18.6. ICT Accessibility Deliverables The Contractor shall provide the following ICT accessibility deliverables, when within the scope of this contract/order.

C.18.6.1. 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.

C.18.6.2. 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 C.18.6.3. ICT Support Documentation

31310023D0004 Page 33 Where the contractor provides support documentation or services for ICT, the contractor shall include the following deliverables:

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; 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.

C.18.6.4. ICT Support Documentation (Alternate Formats)

Where the contractor provides support documentation or services for ICT, the contractor shall (upon request) provide (as required by section 602.4 of 36 CFR § 1194) alternate formats for non-electronic support documentation.

C.18.6.5. Electronic Content Accessibility Checklist If the requirement is specified elsewhere in this acquisition that testing of electronic content be performed, the Contractor shall submit a completed accessibility checklist to document the conformance of the tested content. The checklist shall summarise the subject deliverables 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).

C.18.6.6. 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).

31310023D0004 Page 34 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 Material Safety and Safeguards, under Contract/order number 31310023D0004.

31310023D0004 Page 35 E - Inspection and Acceptance E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

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

Contract Deliverables:

NRC will specify deliverables and delivery schedule within each task order as outlined in Statement of Work - Section C.4. The format and due date of deliverables will be determined on a case-by-case basis.

FAR Clauses Incorporated By Reference E.2 52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT. (APR 1984)

31310023D0004 Page 36 F - Deliveries or Performance F.1 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

a. Contracting Officer's Representative (COR) (1 electronic copy) - Refer to individual task orders

b. Contracting Officer (CO) - Refer to individual task orders.

F.2 PERIOD OF PERFORMANCE ALTERNATE IV The ordering period for this contract shall commence on effective date of the contract and will expire on the end date of the effective period. Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein. (See 52.216-18 - Ordering.) The term of this contract may be extended at the option of the Government for an additional Four 1-Year Option Periods Base Period: 03/30/2023 - 03/29/2024 Option Period(s):

Option Period 1: 03/30/2024 - 03/29/2025 Option Period 2: 03/30/2025 - 03/29/2026 Option Period 3: 03/30/2026 - 03/29/2027 Option Period 4: 03/30/2027 - 03/29/2028 FAR Clauses Incorporated By Reference F.3 52.242-15 STOP-WORK ORDER. (AUG 1989) - ALTERNATE I (APR 1984)

F.4 52.247-34 F.O.B. DESTINATION. (JAN 1991)

31310023D0004 Page 37 G - Contract Administration Data G.1 REGISTRATION IN FEDCONNECT (MAY 2021)

The Nuclear Regulatory Commission (NRC) uses Unison Software Inc.s secure and auditable two-way web portal, FedConnect, to communicate with vendors and contractors.

FedConnect provides bi-directional communication between the vendor/contractor and the NRC throughout pre-award, award, and post-award acquisition phases. Vendors/contractors shall use FedConnect for the submission of responses to solicitations, acknowledgment of receipt of award and modification documents; and may be required to submit monthly letter status reports and other deliverables through FedConnect as well. Please see Section C of this award for details regarding submission of deliverables.

Therefore, in order to do business with the NRC, vendors and contractors shall register to use FedConnect at https://www.fedconnect.net/FedConnect. The individual registering in FedConnect shall have authority to bind the vendor/contractor. There is no charge for using FedConnect. Assistance with FedConnect is provided by Unison, not the NRC. FedConnect contact and assistance information is provided on the FedConnect web site.

G.2 ELECTRONIC PAYMENTS (DEC 2017) - ALTERNATE 1 The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled Payment by Electronic Funds Transfer-System for Award Management.

To receive payment, the contractor shall prepare invoices in accordance with NRCs Billing Instructions. Claims shall be submitted on the payees letterhead, invoice, or on the Governments Standard Form 1034, Public Voucher for Purchases and Services Other than Personal, and Standard Form 1035, Public Voucher for Purchases Other than Personal -

Continuation Sheet. The preferred method of submitting invoices is electronically to:

NRC@fiscal.treasury.gov.

NRCAR Clauses Incorporated By Full Text G.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:

Primary COR:

Name: Jin-Ping (Jack) Gwo Address:

U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards Washington, DC 20555 Telephone Number: 301-415-8736 Email: Jin-Ping.Gwo@nrc.gov Alternate COR:

Name: Kristina Banovac Address:

31310023D0004 Page 38 U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards Washington, DC 20555 Telephone Number: 301-415-7116 Email: Kristina.Banovac@nrc.gov (b) Performance of the work under this contract is subject to the technical direction of the NRC COR. The term "technical direction" is defined to include the following:

(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, authorizes travel which was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work (SOW) or changes to specific travel identified in the SOW), fills in details, or otherwise serves to accomplish the contractual SOW.

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

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

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

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

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

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

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

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

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

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

31310023D0004 Page 39 (f) If, in the opinion of the contractor, any instruction or direction issued by the COR is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause.

(g) Any unauthorized commitment or direction issued by the COR may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.

(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto is subject to 52.233 Disputes.

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

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

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

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

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

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

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

(7) For contracts for the design, development, maintenance or operation of Privacy Act Systems of Records, obtain from the contractor as part of closeout procedures, written certification that the contractor has returned to NRC, transferred to the successor contractor, or destroyed at the end of the contract in accordance with instructions provided by the NRC Systems Manager for Privacy

31310023D0004 Page 40 Act Systems of Records, all records (electronic or paper) which were created, compiled, obtained or maintained under the contract.

(End of Clause)

G.4 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) - ALTERNATE I (OCT 1999)

(a) Total expenditure for travel may not exceed 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)

G.5 2052.216-71 INDIRECT COST RATES. (JAN 1993) - ALTERNATE II (OCT 1999)

(a) For this contract, the ceiling amount reimbursable for indirect costs is as follows:

31310023D0004 Page 41 (b) In the event that indirect rates developed by the cognizant audit activity on the basis of actual allowable costs result in a lower amount for indirect costs, the lower amount will be paid. The Government may not be obligated to pay any additional amounts for indirect costs above the ceiling rates set forth above for the applicable period.

• To be incorporated into any resultant contract.

(End of Clause)

G.6 2052.216-72 TASK ORDER PROCEDURES. (OCT 1999)

(a) Task order request for proposal. When a requirement within the scope of work for this contract is identified, the contracting officer shall transmit to the contractor a Task Order Request for Proposal (TORFP) which may include the following, as appropriate:

(1) Scope of work/meetings/travel and deliverables; (2) Reporting requirements; (3) Period of performance - place of performance; (4) Applicable special provisions; (5) Technical skills required; and (6) Estimated level of effort.

(b) Task order technical proposal. By the date specified in the TORFP, the contractor shall deliver to the contracting officer a written or verbal (as specified in the TORFP technical proposal submittal instructions) technical proposal that provides the technical information required by the TORFP.

(c) Cost proposal. The contractor's cost proposal for each task order must be fully supported by cost and pricing data adequate to establish the reasonableness of the proposed amounts. When the contractor's estimated cost for the proposed task order exceeds $100,000 and the period of performance exceeds six months, the contractor may be required to submit a Contractor Spending Plan (CSP) as part of its cost proposal. The TORP indicates if a CSP is required.

31310023D0004 Page 42 (d) Task order award. The contractor shall perform all work described in definitized task orders issued by the contracting officer. Definitized task orders include the following:

(1) Statement of work/meetings/travel and deliverables; (2) Reporting requirements; (3) Period of performance; (4) Key personnel; (5) Applicable special provisions; and (6) Total task order amount including any fixed fee.

(End of Clause)

G.7 2052.216-73 ACCELERATED TASK ORDER PROCEDURES. (JAN 1993)

(a) The NRC may require the contractor to begin work before receiving a definitized task order from the contracting officer. Accordingly, when the contracting officer verbally authorizes the work, the contractor shall proceed with performance of the task order subject to the monetary limitation established for the task order by the contracting officer.

(b) When this accelerated procedure is employed by the NRC, the contractor agrees to begin promptly negotiating with the contracting officer the terms of the definitive task order and agrees to submit a cost proposal with supporting cost or pricing data. If agreement on a definitized task order is not reached by the target date mutually agreed upon by the contractor and contracting officer, the contracting officer may determine a reasonable price and/or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subject to contractor appeal as provided in 52.233-1, Disputes. In any event, the contractor shall proceed with completion of the task order subject only to the monetary limitation established by the contracting officer and the terms and conditions of the basic contract.

(End of Clause)

31310023D0004 Page 43 H - Special Contract Requirements NRC Local Clauses Incorporated by Full Text H.1 NRC SPECIFIC INFORMATION H.1.1 QUALITY ASSURANCE All work (e.g., data collection, analyses, computations, methods, etc.) conducted under this contract shall be performed in accordance with an accepted quality assurance program addressing the criteria of 10 CFR Part 50, Appendix B, 10 CFR Part 63, Subpart G, 10 CFR Part 71, Subpart H, 10 CFR Part 72, Subpart G, and other NRC requirements as may apply to the specific scope of work, as appropriate, the guidance of the NRC Review Plan for High-Level Waste Quality Assurance Program Descriptions applicable to regulatory analysis support and technical assistance, and the applicable requirements of ANSl/ASME NQA-1-1986. The program shall be established, implemented, and maintained as specified in a documented quality assurance manual, plans, and procedures. In addition, if standard test or calibration procedures are employed (e.g., ASTM standards), these should be cited in the program or associated implementing procedures. As appropriate, the work and results should receive exposure in the scientific community through publication of results in referenced journals, or through peer reviews, or both. All planned publications shall be submitted to NRC in accordance with Clause H.22, 2052.235-70 PUBLICATION OF RESEARCH RESULTS. (OCT 1999).

H.1.2 OTHER CONTRACT-PRIOR NOTIFICATION A. SwRI Proposed Contracts Related to the Nuclear Fuel Cycle In accordance with the provisions of Clause H.20, the contractor shall afford NRC 30 days to review any contemplated new contracts related to the nuclear fuel cycle for work in the United States to assure that (a) no conflict of interest exists with NRC's project activities including the Nuclear Waste Policy Act (NWPA), as amended, and (b), for the Center, proper balance and adequate resources will continue to be available for the NRC waste management program.

Should NRC object to an anticipated contract, the contractor is prohibited from entering into the contract.

B. SwRI DOE Funded Work

1. Conflict of Interest Review SwRI is prohibited from performing DOE-funded work that is related to the NWPA. Furthermore, the contractor shall request a COI review on work that meets either of the following criteria:

(a) The proposed DOE-funded work may be related to the NWPA or the nuclear fuel cycle, or (b) The proposed DOE-funded work may have direct and/or likely application to the NWPA program.

SwRI is required to notify NRC of any DOE-funded work related to the nuclear fuel cycle for which SwRI has been notified of contract award that would cause the numerical goal for such

31310023D0004 Page 44 work established in the current version of SwRI Administrative Practice (AP)-2 to be exceeded.

The notification shall include the steps SwRI plans to take to reduce total net revenue from DOE-funded work related to the nuclear fuel cycle to below the numerical goal established in AP-2.

2. Goal for SwRl's DOE-funded Work The contractor is required to comply with NRC approved SwRI Administrative Practice AP-2 entitled "Administrative Practice for Control of Conflict of interest Related to the Quantity of Department of Energy Funded Work related to the nuclear fuel cycle with respect to the U.S.

Nuclear Regulatory Commission Nuclear Waste Policy Act Program. SwRl's failure to meet the numerical goal as established in SwRI Administrative Practice AP-2 shall not, by itself, constitute default under this contract.

3. Reporting Requirements for SwRl's Non-NWPA Related DOE Work SwRI shall submit a complete list or table of all active contracts involving DOE funding related to the nuclear fuel cycle twice a year (one report covering SwRI fiscal periods 1-6 and another report covering SwRI fiscal periods 7-13) including client, title of work, estimated dollar amount, and period of performance. All revenue calculations and comparisons with the numerical goal will be based on SwRI DOE actual net revenue, associated with work related to the nuclear fuel cycle, as described in SwRI Administrative Practice AP-2. The report shall also include SwRI total DOE actual gross revenue, associated with work related to the nuclear fuel cycle for the period covered by the report for information purposes only. These reports shall be provided to NRC within 6 weeks after the end of the last period covered by the report.

C. Definition of the term "nuclear fuel cycle" As used in this clause, the term "nuclear fuel cycle" is defined as follows: The series of steps involved in fabricating and supplying fuel for commercial nuclear reactor. The commercial nuclear fuel cycle includes the mining, milling, and isotopic enrichment of nuclear materials. It includes the fabrication of fuel elements from these materials, and their use in a reactor; the chemical reprocessing to recover the fissionable material remaining in the spent fuel, and the storage and disposal of the nuclear material and its radioactive constituents, refabrication of recycled and/or reprocessed nuclear materials into new fuel elements; and waste disposal of the resulting radiologically contaminated waste products from these processes. At-reactor independent spent fuel storage installations are considered to be part of the nuclear fuel cycle for purposes of clause H.1.2.

D. The contractor shall make its contracts related to the nuclear fuel cycle available for inspection if requested by NRC for conflict of interest purposes.

H.1.3 ORGANIZATIONAL CONSTRAINTS The Center is prohibited from competing with any non-FFRDC concern in response to a Federal Agency's formal Request for Proposals for other than the operation of an FFRDC. This prohibition does not apply to any parent organization or other subsidiary of the parent organization in its non-FFRDC operations.

31310023D0004 Page 45 The contractor agrees to operate the Center as a not-for-profit organization outside the control of any organization that could give rise to a conflict of interest.

Limitation of Contracting A. General The contractor agrees that, because of the Center's special relationship with the NRC, the contractor will not contract with any other governmental agency for work at the Center without the prior written approval of the CO. Furthermore, the contractor will not accept any commercial contract work at the Center except as permitted by the following paragraphs and Attachment 3 of this contract entitled, "Procedures for Using the Center for Nuclear Waste Regulatory Analyses, for Work for the Nuclear Regulatory Commission and Others, within its Areas of Special Competency."

B. Acceptance of Work at the Center and Use of Core Center Staff on Projects Managed by the Center The contractor is permitted to use Core Center Staff (as defined in Attachment 3, Section 3.2, of this contract) on projects outside the Charter program that are managed by the Center when such staff is not being fully used by the NRC's waste management program and NRC's work for others program, and neither a conflict nor a potential conflict of interest exists (refer to clauses H.20 and H.1.2 of this contract). The exception granted in Item iii below shall be subject to review, reconsideration, and possible rescission in the event DOE resumes active work under the NWPA or any successor statute thereto.

The contractor may accept commercial contract work at the Center without submitting a "work for others" request under Attachment 3, Section 5, of this contract provided that the work is within one or more areas of "special competency" of the Center and (i) is not nuclear-related, unless such work is funded by NRC or another NRC contractor; (ii) does not create a conflict or a potential conflict of interest (refer to clauses H.20 and H.1.2. of this contract); (iii) is not nuclear fuel cycle related work for the DOE, contractors to DOE under the NWPA, nor States or affected Tribes that may participate in the repository or associated interim storage site programs (as described in Attachment 3, Section 2 of this contract); and (iv) does not negatively impact work (including not being able to meet all established milestones) under this or any other NRC contract with the Center.

C. Use of Core Center Staff on Projects Managed by Other Contractor Business Units (including any other department within Division 20)

The contractor is permitted to use Core Center Staff (as defined in Attachment 3, Section 3.2, of this contract) on commercial and government projects managed by contractor business units other than the Center when such staff is not being fully used by the NRC's waste management and work for others programs, and neither a conflict nor a potential conflict of interest exists (refer to clauses H.20 and H.1.2 of this contract). Core Center Staff may be assigned to projects managed by other business units without the Center submitting a "work for others" request under Attachment 3, Section 5, of this contract provided that the work is within one or more areas of "special competency" of the Center and (i) is not nuclear-related, unless such work is funded by NRC or another NRC contractor; (ii) does not create a conflict nor a potential conflict

31310023D0004 Page 46 of interest (refer to clauses H.1.2 and H.20 of this contract); (iii) is not nuclear fuel cycle related work for the DOE, contractors to DOE under the NWPA, nor States or affected Tribes that may participate in the repository or associated interim storage site programs (as described in, Section 2 of this contract); and (iv) does not negatively impact work (including not being able to meet all established milestones) under this or any other NRC contract with the Center. The exception granted in Item iii above shall be subject to review, reconsideration, and possible rescission in the event DOE resumes active work under the NWPA or any successor statute thereto.

H.1.4 NOTIFICATION AND REPORTING In accordance with clause H.1.3, the Center shall provide a brief annual report on all work for others performed under that clause. The report shall include a brief description of the work, level of effort, period of performance, and shall briefly address each of the criteria noted in paragraph 2 of H.1.3.B and paragraph 1 of H.1.3.C. Any notification that indicates a need for additional funding beyond that already obligated, may only be used as support to the official request for funding required in accordance with the Limitation of Cost (LOC) Clause (FAR 52.232-20) or the Limitation of Funds (LOF) Clause (FAR 52.232-22).

H.1.5 MAINTENANCE OF THE CENTER The contractor shall maintain the Center, which includes as a minimum:

A. Business Entity The Center shall remain as an autonomous entity that meets the FFRDC requirements of Part 35 of the Federal Acquisition Regulations.

The Center shall be operated as a not-for-profit organization free of control by any organization whose affiliations could give rise to a conflict of interest.

FAR Part 35.017-01 regarding the identification of retained earnings (reserves) and the development of a plan for their use and disposition is not generally applicable to this sponsoring agreement. The CNWRA was established and is operated as a separate, identifiable operating unit of SwRI; all equipment and facilities are owned by SwRI unless otherwise specified. SwRI purchases and maintains ownership of all equipment and facilities other than Government furnished equipment/property stated in Clause H.5 of the contract; therefore, NRC is not responsible for use and disposition.

SwRI is a nonprofit organization. Accordingly and consistent with the SwRI mission, the fees paid to SwRI/CNWRA are applied to conducting Institute independent research and development, and acquiring and maintaining facilities and equipment needed to continue and improve its operations.

B. Organizing and Staffing The Center shall be organized and staffed to effectively and efficiently perform the mission stated in the Center Charter (Attachment 1).

31310023D0004 Page 47 C. Planning and Coordinating The contractor shall plan all activities necessary to effectively perform the mission of the Center and coordinate the annual NRC program review, as requested by NRC. The annual program review will include a summary of relevant elements of the CNWRA strategic plan for the succeeding years of the contact.

H.2 SECURITY REQUIREMENTS FOR CONTRACTORS (JULY 2022)

It has been determined that contractor personnel with access to information related to work on this contract/order are required to obtain to be determined on task order basis (i.e. IT Level I or Level II) access or N/A clearance.

The Contractor shall ensure that all its applicants (i.e. employees, subcontractor employees or consultants) who are assigned to perform the work herein for contract performance are approved by the NRC. The NRC Contracting Officers Representative (COR) shall make the final determination of the Building Access (BA), level of Information Technology (IT) Access (Level I or Level II), or the national security clearance level (Q or L) required for all applicants working under this contract/task order using the following guidance. The Contractor should conduct a preliminary federal facilities security screening interview or prescreening review for each of its applicants and submit to the NRC only the names that have a reasonable probability of obtaining approval necessary for access to NRC's federal facilities.

The Contractors pre-screening review, applicable to all access/clearance levels, should focus on the applicants history regarding the following:

(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of any military court-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substances possession in the past year; (e) illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven (7) years; (f) delinquency on any federal debts or bankruptcy in the last seven (7) years; (g) applicants with less than five (5) years permanent residency in the U.S. will not be approved for Building Access, IT Access, or a national security clearance; (h) non-U.S. citizens must provide official documentation to the DFS/PSB as proof of their permanent residency (i) foreign nationals (non-U.S. citizens) are not eligible for a national security clearance (Q or L)

SECURITY REQUIREMENTS FOR BUILDING ACCESS

31310023D0004 Page 48 This is applicable when an applicant will require unescorted Building Access (BA) and a HSPD-12 PIV card (NRC badge). Temporary Building Access may be approved by the NRC based on a favorable NRC review and discretionary determination of the applicants Building Access security forms. Final Building Access will be approved by the NRC based on favorably adjudication of their background investigation completed by the Defense Counterintelligence and Security Agency (DCSA).

SECURITY REQUIREMENTS FOR IT LEVEL II (IT-II) ACCESS An applicant will require IT-II Access if the applicant will need access to IT systems or sensitive information, including an NRC Local Area Network (LAN) account. IT-II Access includes all the access and responsibilities included under Building Access and requires an HSPD-12 PIV card (NRC badge) for logical system access. Temporary IT Access may be approved by the NRC based on a favorable NRC review and discretionary determination of the applicants IT Access security forms. Final IT Access will be approved by the NRC based on favorably adjudication of their background investigation completed by the Defense Counterintelligence and Security Agency (DCSA).

SECURITY REQUIREMENTS FOR IT LEVEL I (IT-I) ACCESS An applicant will require IT-I Access if the applicant will be responsible for the planning, direction, and implementation of a computer security program, and will have major responsibility for the direction, planning, and design of a computer system, including its hardware and software. IT-I access also includes the need to access a computer system during its operation or maintenance in such a way that could cause or that has a relatively high risk of causing grave damage to the agency. IT-I access also includes the applicants capability to realize a significant personal gain from computer access. IT-I Access includes all the access and responsibilities under IT-II Access and Building Access and requires an HSPD-12 PIV card (NRC badge) for logical system access. Temporary IT Access may be approved by the NRC based on a favorable NRC review and discretionary determination of the applicants IT Access security forms. Final IT Access will be approved by the NRC based on favorably adjudication of their background investigation completed by the Defense Counterintelligence and Security Agency (DCSA).

SECURITY REQUIREMENTS FOR L CLEARANCE An applicant will be submitted for an L Clearance if the applicant is designated in a non-critical-sensitive position requiring access to, on a need-to-know basis, to Secret and Confidential National Security Information or Confidential Restricted Data (RD) not related to broad naval nuclear propulsion program policy or direction. A security orientation briefing must be given to the applicant by the NRC when the background investigation is completed and favorably adjudicated by the NRC. This briefing will normally be given by a representative of the NRCs Personnel Security Branch (PSB), or in a regional office by a regional security representative. Temporary IT-II Access may be approved based on a favorable NRC review and discretionary determination of the applicants national security clearance security forms. A national security clearance will be granted by the NRC based on favorably adjudication of the applicants background investigation completed by the Defense Counterintelligence and Security Agency (DCSA).

SECURITY REQUIREMENTS FOR Q CLEARANCE

31310023D0004 Page 49 An applicant will be submitted for a Q Clearance if the applicant is designated in a critical-sensitive position requiring access to, on a need-to-know basis, to Top-Secret, Top-Secret RD, Secret, Secret RD, Confidential, and Confidential RD. A security orientation briefing must be given to the applicant by the NRC requiring national security clearance when the background investigation is completed and favorably adjudicated by the NRC. This briefing will normally be given by a representative of PSB, or in a regional office by a regional security representative.

Temporary IT-II Access may be approved based on a favorable NRC review and discretionary determination of the applicants national security clearance security forms. A national security clearance will be granted by the NRC based on favorably adjudication of their background investigation completed by the Defense Counterintelligence and Security Agency (DCSA).

REMOVING AN APPLICANT FROM A CONTRACT AND/OR TASK ORDER The Contractor shall immediately notify the COR when an applicant will no longer support this NRC contract/order.

H.3 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS (MAY 2022)

All work under this contract and all devices used to process NRC sensitive information shall comply with the current versions of the following policy, procedures, and standards, as applicable:

• National Institute of Standards and Technology (NIST) publications, as amended, including, but not limited to:

Federal Information Processing Standards (FIPS)

FIPS PUB 140-3, SECURITY REQUIREMENTS FOR CRYPTOGRAPHIC MODULES FIPS PUB 180-4, Secure Hash Standard (SHS)

FIPS PUB 186-4, Digital Signature Standard (DSS)

FIPS PUB 197, Advanced Encryption Standard FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems FIPS PUB 200, Minimum Security Requirements for Federal Information and Information Systems FIPS PUB 201-2, Personal Identity Verification (PIV) of Federal Employees and Contractors FIPS PUB 202, SHA-3 Standard: Permutation-Based Hash and Extendable-Output Functions Special Publications (SP)

SP 800-171 Rev. 2, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations SP 800-171A, Assessing Security Requirements for Controlled Unclassified Information

31310023D0004 Page 50 SP 800-172, Enhanced Security Requirements for Protecting Controlled Unclassified Information: A Supplement to NIST Special Publication 800-171

• Committee on National Security Systems (CNSS) direction for national security information, as amended:

Policies CNSSP 1, National Policy for Safeguarding and Control of COMSEC Material CNSSP 3, National Policy for Granting Access to U.S. Classified Cryptographic Information CNSSP 7, Policy on the use of Commercial Solutions to Protect National Security Systems CNSSP 8, Release and Transfer of USG Cryptologic NSS Tec Sec Mat'l, Info, and Techniques to Foreign Govts CNSSP 10, NATIONAL POLICY GOVERNING USE OF APPROVED SECURITY CONTAINERS IN INFORMATION SECURITY APPLICATIONS CNSSP 11, Acquisition of Information Assurance (IA) and IA-Enabled Information Technology (IT) Products CNSSP 14, Rel of IA Products and Services to Auth U.S. Persons or Activities Not a Part of Fed. Govt CNSSP 15, Use of Public Standards for Secure Information Sharing CNSSP 16, National Policy for the Destruction of COMSEC Paper Material CNSSP 17, Policy on Wireless Systems CNSSP 18, National Policy on Classified Information Spillage CNSSP 19, National Policy Governing the Use of High Assurance Internet Protocol Encryptor (HAIPE) Products CNSSP 21, National Cybersecurity Policy on Enterprise Architecture Frameworks for National Security Systems CNSSP 22, Cybersecurity Risk Management Policy CNSSP 24, Policy on Assured Information Sharing (AIS) for National Security Systems (NSS)

CNSSP 25, National Policy for Public Key Infrastructure in National Security Systems CNSSP 25, National Policy for Public Key Infrastructure in National Security Systems provides for a National Security Systems (NSS) Public Key Infrastructure (PKI) on Secret networks.

CNSSP 26, National Policy on Reducing the Risk of Removable Media for National Security Systems

31310023D0004 Page 51 CNSSP 28, Cybersecurity of Unmanned National Security Systems CNSSP 29, National Secret Enclave Connection Policy CNSSP 30, Cryptographic Key Protection CNSSP 300, National Policy on Control of Compromising Emanations NSTISSP 5, National Policy for Incident Response and Vulnerability Reporting for National Security Systems NSTISSP 101, National Policy on Securing Voice Communications NSTISSP 200, National Policy on Controlled Access Protection Directives:

CNSSD 504, Directive on Protecting National Security Systems from Insider Threat CNSSD 500, Information Assurance (IA) Education, Training, and Awareness NSTISSD 501, National Training Program for Information Systems Security (INFOSEC)

Professionals CNSSD 502, National Directive On Security of National Security Systems CNSSD 505, Supply Chain Risk Management (SCRM)

CNSSD 506, NATIONAL DIRECTIVE TO IMPLEMENT PUBLIC KEY INFRASTRUCTURE ON SECRET NETWORKS CNSSD 507, National Directive for Identity, Credential, and Access Mgmt. Capabilities on the U.S. Federal Secret Fabric CNSSD 510, Directive on the Use of Mobile Devices Within Secure Spaces CNSSD 520, The Use of Mobile Devices to Process National Security Information Outside of Secure Spaces NSTISSD 600, Communications Security Monitoring CNSSD 900, Governing Procedures of the Committee on National Security Systems (CNSS)

CNSSD 901, National Security Telecommunications and Information Systems Security (CNSS) Issuance System Instructions:

CNSSI 1001, National Instruction On Classified Information Spillage CNSSI 1002, Management of Combined Secure Interoperability Requirements

31310023D0004 Page 52 CNSSI 1010, Cyber Incident Response CNSSI 1011, Implementing Host-Based Security Capabilities on National Security Systems CNSSI 1013, Network Intrusion Detection Sys & Intrusion Prevention Sys (IDS/IPS) on NSS CNSSI 1015, Enterprise Audit Management Instruction for CNSSI 1100, Consistency and Synchronization During Classification and Declassification of Information Related to Cybersecurity of National Security Systems CNSSI 1200, Instruction for Space Systems Used to Support NSS CNSSI 1253, Security Categorization and Control Selection for National Security Systems CNSSI 1253F Attachment 1, Security Overlays Template CNSSI 1253F Attachment 2, Space Platform Overlay CNSSI 1253F Attachment 2, Space Platform Overlay CNSSI 1253F Attachment 3, Cross Domain Solution Overlay CNSSI 1253F Attachment 4, Intelligence Overlay CNSSI 1253F Attachment 4.1, IC CIO Signed Memo for Intelligence Overlay CNSSI 1253F, Attachment 5, Classified Information Overlay CNSSI 1012, Instruction for Network Mapping of National Security Systems (NSS)

CNSSI 1253F Attachment 6, Privacy Overlay CNSSI 1254, Risk Management Framework Documentation, Data Element Standards, and Reciprocity Process for National Security Systems CNSSI 1300, Instruction for National Security Systems Public Key Infrastructure X.509 Certificate Policy Under CNSS Policy No. 25 CNSSI 3006, Operational Security Doctrine for Global Positioning System Precise Positioning Service User Equipment NTISSI 3013, Operational Security Doctrine for the Secure Telephone Unit III (STU-III) Type 1 Terminal NSTISSI 3019, Operational Security Doctrine for the FASTLANE (KG-75 and KG-75A)

CNSS-18-19, FASTLANE KG-75 and KG-75A Operational Systems Security Doctrine CNSSI 3021, Operational Security Doctrine for the AN/CYZ-10/10A Data Transfer Device

31310023D0004 Page 53 NSTISSI 3022, OPSEC Doctrine for TEDs KG-81, KG-94, KG-95, KG-194, and KIV-19 in Stand Alone Applications NSTISSI 3026, Operational Security Doctrine for the Motorola Network Encryption System (NES)

NSTISSI 3028, Operational Security Doctrine for the FORTEZZA User PCMCIA Card NSTISSI 3028, Operational Security Doctrine for the FORTEZZA User PCMCIA Card CNSSI 3029, Operational Systems Security Doctrine for TACLANE (KG-175)

CNSSI 3029 2004 Amendment, Operational Systems Security Doctrine for TACLANE (KG-175)

CNSSI 3029 2006 Amendment, Operational Systems Security Doctrine for TACLANE (KG-175)

NSTISSI 3030, OPSEC Security Doctrine for the FORTEZZA PLUS (KOV-14) and Cryptographic Card and Associated STE NSTISSI 3030 2006 Amendment, Amendment to NSTISSI-3030 CNSSI 3031, Operation Systems Security Doctrine for the Sectera In-Line Network Encryptor (KG-235)

CNSSI 3032, Operational Security Doctrine for the VIASAT Internet Protocol (VIP) Crypto Version 1 (KIV-21)

CNSSI 3034, Operational Security Doctrine for the SECNET 11 Wireless Local Area Network Interface Card CNSSI 3035, OPERATIONAL SECURITY DOCTRINE FOR THE REDEAGLE KG-245 IN-LINE NETWORK ENCRYPTOR (INE)

CNSSI 4000, Maintenance of Communications Security (COMSEC) Equipment CNSSI 4001, Controlled Cryptographic Items NSTISSI 4002 NTISSI 4002 2009 Amendment, Pen and Ink Changes for NTISSI 4002 NTISSI 4002 2004 Amendment, Pen and Ink Changes for NTISSI 4002 9 Jul 2004 CNSSI 4003, Reporting and Evaluating Communications Security (COMSEC) Incidents CNSSI 4004.1, Destruction and Emergency Protection Procedures for COMSEC and Classified Material CNSSI 4005, Safeguarding COMSEC Facilities and Materials

31310023D0004 Page 54 CNSSI 4005 Amendment This document is designated FOUO CNSS-008-14 Amendment to CNSSI 4005 CNSSI 4006, Controlling Authorities for Traditional COMSEC Keying Material CNSSI 4007, Communications Security (COMSEC) Utility Program CNSS-19-19, COMSEC Utility Program Reissue Date Memo CNSSI 4008, Program for the Management and Use of National Reserve Information Assurance Security Equipment CNSS-20-19, Equipment Material Reissue Memo CNSSI 4009, Committee on National Security Systems (CNSS) Glossary NSTISSI 4010, Keying Material Management NSTISSI 4011, National Training Standard for Information Systems Security (INFOSEC)

Professionals CNSSI 4012, National Information Assurance Training Standard for Senior Systems Managers CNSSI 4013, National Information Assurance Training Standard For System Administrators (SA)

CNSSI 4014, Information Assurance Training Standard for Information Systems Security Officers NSTISSI 4015, National Training Standard for Systems Certifiers CNSSI 4016, National Information Assurance Training Standard For Risk Analysts CNSSI 4031, Cryptographic High Value Products (CHVP)

CNSSI 4032, Management and Use of Secure Data Network Systems CNSSI 4033, Nomenclature for Communications Security Material CNSSI 5000, Voice Over Internet Protocol (VoIP) Telephony CNSSI 5000 ANNEX I, VOICE OVER SECURE INTERNET PROTOCOL (VoSIP)

CNSSI 5000 Annex J, Softphone Security Requirements CNSSI 5001, Type-Acceptance Program for Voice Over Internet Protocol (VoIP) Telephones CNSSI 5002, Telephony Isolation Used for Unified Communications Implementations Within Physically Protected Spaces CNSSI 5006, National Instruction for Approved Telephone Equipment

31310023D0004 Page 55 CNSSI 5007, Telephone and Security Equipment Submission and Evaluation Procedures NACSI 6002, National COMSEC Instruction CNSSI 7003, Protected Distribution Systems

• Director of National Intelligence (DNI)

For guidance on processing and handling of information that falls under the purview of DNI, please consult the classified DNI network.

The NRCs Bring Your Own Device (BYOD) program allows NRC employees and contractor personnel to conduct official business using personally owned smart phones and tablets, as long as:

• The smart phone or tablet uses a containerized solution whereby the Contractor or NRC controls activation, deactivation, and remote wiping of the container, and the container is isolated from personal applications and data.

• NRC sensitive information is only stored or processed within the container and any stored information is encrypted.

• The operating system on the smart phone or tablet is current within 2 versions of the currently deployed operating system for the type of device.

The Contractor shall not connect personally owned devices (e.g., mobile phones, tablets, and thumb drives) to a system (e.g., desktop, mobile desktop) used to process NRC sensitive information.

All work performed by the Contractor shall be in facilities and on networks and computing devices that have been authorized by the COR for processing information at the sensitivity level of the information being processed.

If the effort includes use or processing of classified information, the Contractor shall notify the NRC CO and COR in writing before the contractor begins to process classified information.

All Contractor and subcontractor personnel must acknowledge and abide by the NRC Agency-Wide Rules of Behavior for Authorized Computer Use prior to being granted access to NRC computing resources (available in NRCs Public Agencywide Documents Access and Management System (ADAMS), located at: https://adams.nrc.gov/wba/. Search for Accession Number ML2016A026).

1.1 Definitions

The following terms are defined through the reference sources below and are current as of the date of the clause. However, if those definitions are updated by those sources at a later date, the most recent definition applies.

Adequate security As defined in Office of Management and Budget (OMB) Circular A-130.

Classified Information

31310023D0004 Page 56 As defined in Executive Order (E.O.) 13526 or any predecessor order Cloud computing As defined in NIST SP 800-145.

Compromise As defined in NIST SP 800-32; CNSSI 4009.

Computing Device Any electronic equipment that is controlled by a central processing unit (CPU). Examples include information systems, cellular phones, tablets, laptops, Fitbit, watches, and personal computers.

Cyber incident As defined in CNSSI 4009.

Forensic analysis, or Forensics As defined in CNSSI 4009.

Incident As defined in FIPS Pub 200.

Information and Communications Technology (ICT)

As defined in CNSSI 4009.

Malware As defined in CNSSI 4009, under Malicious Code.

Media As defined in FIPS Pub 200.

Safeguards Information (CUI//SP-SGI)

As defined in 10 CFR § 73.2.

Supply Chain Risk As defined in 10 U.S.C. 2339a.

1.2 Adequate security The Contractor shall protect all information handled by, processed, stored, or transmitted by the Contractor in accordance with the sensitivity of the information as determined by the NRC. The Contractor shall provide adequate security on all covered Contractor devices and information systems.

31310023D0004 Page 57 All cryptography used under this award shall use the current version of FIPS 140 validated cryptographic modules operated in FIPS mode.

The Contractor shall ensure NRC sensitive information is removed from Contractor-owned system components prior to component disposal.

1.2.1 Classified Information The Contractor shall implement, at a minimum, the following information security protections to provide adequate security for classified information:

1. The Contractor shall only process and handle classified information at facilities that have NRC approval in writing for this type of information.

2. The Contractor shall follow CNSS direction and specific requirements determined by the information owner when processing, storing, or transmitting classified information.

3. The Contractor shall follow DNI policy, standards, and guidance when processing, storing or transmitting classified information that falls under the purview of the DNI.

4. The Contractor shall not process, transmit, or store classified information on an unclassified system or network.

5. The Contractor shall only store, process, or transmit classified information using systems that have been provided in writing an NRC authority to operate for classified information processing.

6. The Contractor shall not use copiers, scanners, printers, or fax machines that are connected to an unclassified network for processing classified information.

7. The Contractor shall constantly monitor scanning, printing, and faxing of classified information via an individual properly authorized for access to the information, and the Contractor shall continuously attend the machines via a properly authorized individual until completion of the process.

8. When transmitting classified information using voice telecommunications (e.g., telephone, radio, or video teleconferencing), the Contractor shall only transmit the classified information over protected systems.

9. The Contractor shall only use cryptographic modules approved by the National Security Agency (NSA) and operated as directed by NSA for protecting classified information.

10. The Contractor shall only use cryptographic modules approved by the DNI and operated as directed by the DNI for protecting Sensitive Compartmented Information (SCI) information.

11. Where not superseded by requirements in this section, the Contractor shall implement adequate security as defined in Section 1.2.3.

1.2.2 Safeguards Information (CUI//SP-SGI)

The Contractor shall implement, at a minimum, the following information security protections to provide adequate security for CUI//SP-SGI:

31310023D0004 Page 58

1. The Contractor shall only process and handle CUI//SP-SGI information at facilities that have NRC approval in writing for this type of information.

2. The Contractor shall only store, process, or transmit CUI//SP-SGI using systems that have been provided in writing an NRC authority to operate for CUI//SP-SGI processing.

3. The Contractor shall only connect CUI//SP-SGI systems to other CUI//SP-SGI systems, except where using NRC authorizing official approved (in writing) encrypted connections that permit transmission over lower-level networks. The COR will coordinate this approval with NRCs authorizing official.

4. The Contractor shall only connect CUI//SP-SGI laptops to CUI//SP-SGI systems using techniques and capabilities specifically approved by the NRC for connecting to the CUI//SP-SGI system.

5. The Contractor may not use copiers, scanners, printers, or fax machines that are connected to an unclassified, non-safeguards information network for processing CUI//SP-SGI.

6. The Contractor shall constantly monitor scanning, printing, and faxing of CUI//SP-SGI via an individual properly authorized for access to the information, and the Contractor shall continuously attend the machines via a properly authorized individual until completion of the process.

7. When transmitting CUI//SP-SGI using voice telecommunications (e.g., telephone, radio, or video teleconferencing), the Contractor shall only transmit the CUI//SP-SGI over protected systems.

8. The Contractor shall only use cryptographic modules that are operated in FIPS mode and are FIPS 140-2 validated to at least an overall level 2 with the validation subcategories of Roles, Services, and Authentication; electromagnetic interference/electromagnetic compatibility; and Design Assurance validated to at least level 3.

9. The Contractor shall provide all media that has been used to store or process CUI//SP-SGI to NRC COR for destruction.

10. Where not superseded by requirements in this section, the Contractor shall implement adequate security as defined in Section 1.2.3.

1.2.3 Sensitive Information that is Not Classified Information and Not CUI//SP-SGI The Contractor shall implement, at a minimum, the following information security protections to provide adequate security for sensitive information:

1. The Contractor shall ensure any ICT used for sensitive information meets the requirements identified in NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations unless otherwise authorized by the Contracting Officer.

2. The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for their coordination with and consideration by the NRC Chief Information Officer (CIO). The Contractor need not implement any security requirement adjudicated by an

31310023D0004 Page 59 authorized representative of the NRC CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

3. If the NRC CIO has previously adjudicated the Contractors requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, the Contractor shall provide a copy of that approval to the Contracting Officer when requesting its recognition under this contract.

4. If the Contractors solution utilizes a third party cloud service, the Contractor shall require the cloud service provider to meet security requirements equivalent to those established by the Federal Government for the Federal Risk and Authorization Management Program (FedRAMP)

Moderate baseline (https://www.fedramp.gov/resources/documents/).

5. The Contractor shall apply other information system security measures when the Contractor reasonably determines that information system security measures, in addition to those identified in paragraphs in this clause, may be required to provide adequate security in a dynamic environment, to accommodate special circumstances (e.g., medical devices) and to address any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability.

The contractor must address these measures in a system security plan that is approved by the NRC CIO.

6. The Contractor shall only use cryptographic modules validated to FIPS 140-2 overall level 2 for NRC sensitive information.

7. If the Contractor uses email to send and receive sensitive information, the Contractor shall use an NRC provided e-mail account. Otherwise, the Contractor shall transmit sensitive information using mechanisms to protect the information during transmission that have been approved by the NRC CIO.

1.3 Cyber Incident Reporting Requirement When the Contractor discovers a cyber incident that affects Classified or Controlled Unclassified Information or that affects the Contractors ability to perform the requirements of the contract, the Contractor shall

1. Rapidly report potential or confirmed cyber incidents to the NRC CO.

2. Upon direction from the NRC COR, conduct a review for evidence of compromise of Classified or Controlled Unclassified Information, including, but not limited to, identifying compromised devices, computers, servers, specific data, and user accounts.

1.4 Subcontracting The Contractor shall flow this clause down to all subcontracts.

1.5 Supply Chain Risk In order to manage supply chain risk, the Government may consider information, public and non-public, including all-source intelligence, relating to an offeror/Contractor and its supply chain.

31310023D0004 Page 60 The Contractor shall complete and maintain a Supply Chain Risk Assessment (SCRA) using the SCRA for Offerors included as attachment 9 for each computing device and software used to store, process, or transmit NRC sensitive information and shall provide updates to the CO within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of any changes.

1.6 Award Performance and Closeout The Contractor shall ensure that the NRC data processed during the performance of this award is purged from all data storage components of the Contractors computing devices, and the Contractor shall not retain any NRC data within 30 calendar days after award is completed. Until the Contractor purges all of that data, the Contractor shall ensure that any NRC data remaining in any storage component is protected in accordance with its sensitivity to prevent unauthorized disclosure.

When a representative of the Contractor no longer requires access to an NRC system, the Contractor shall notify the COR in writing within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

Upon contract completion, the Contractor shall provide a status list in writing to the COR of all Contractor personnel who were users of NRC systems and shall note if any users still require access to the system to perform work if a follow-on award issued by the NRC.

1.7 Control of Information and Data The Contractor shall not publish or disclose in any manner, without the COs prior written consent, the details of any security controls or countermeasures either designed or developed by the Contractor under this award or otherwise provided by the NRC to the Contractor.

Any computing device used by the Contractor to store, process, or transmit NRC sensitive information shall:

• Include a mechanism to require users to uniquely identify and authenticate themselves to the system before beginning to perform any other actions that the system is expected to provide.

• Be able to authenticate data that includes information for verifying the claimed identity of individual users (e.g., passwords).

• Protect authentication data so that it cannot be accessed by any unauthorized user.

• Be able to enforce individual accountability by providing the capability to uniquely identify each individual computing device user.

• Report to appropriate security personnel when attempts are made to guess the authentication data whether inadvertently or deliberately.

1.8 Access Controls Any computing device used by the Contractor to store, process, or transmit NRC data shall be able to define and enforce access privileges for individual users. The discretionary access control mechanisms shall be configurable to protect objects (e.g., files, folders) from unauthorized access.

31310023D0004 Page 61 A computing device used by the Contractor to store, process, or transmit NRC data shall provide only essential capabilities and specifically prohibit and/or restrict the use of functions, ports, protocols, and/or services, as specified in the contract/grant.

Contractor personnel that access a computing device that processes, stores, or transmits NRC sensitive information must meet personnel security requirements identified by federal law, federal regulation, and federal government policy, as applicable, for the type of information.

The Contractor shall ensure that the most restrictive set of rights/privileges or accesses needed by users (or processes acting on behalf of users) for the performance of specified tasks is enforced by the system through assigned access authorizations.

The Contractor shall ensure separation of duties for Contractor systems used to process NRC information and enforce them by the system through assigned access authorizations.

The Contractor shall continuously protect mechanisms within the Contractor system or application that enforces access control and other security features s against tampering and/or unauthorized changes.

1.9 Media Handling The Contractor shall control all media used by the Contractor to store or process NRC information in accordance with the information sensitivity level.

The Contractor shall not sanitize or destroy media approved for processing NRC information designated as CUI//SP-SGI or Classified. The Contractor must provide the media to the COR for destruction.

1.10 Vulnerability Management The Contractor shall install security-relevant software and firmware updates (e.g., patches, service packs, hot fixes) in accordance with the following:

• Within 14 calendar days for vulnerabilities that have been assigned Common Vulnerabilities and Exposures (CVE) ID after January 1, 2021 and added to the Cybersecurity and Infrastructure Security Agency (CISA) Known Exploited Vulnerabliities Catalog.

• Within 30 calendar days for vulnerabilities deemed to be Critical according to the Common Vulnerability Scoring System (CVSS), as described in NRC CSO-STD-0020, Organization-Defined Values for System Security and Privacy Controls (available in NRCs Public Agencywide Documents Access and Management System (ADAMS), located at:

https://adams.nrc.gov/wba/. Search for Accession Number ML22101A241)

• Within 30 calendar days for vulnerabilities deemed to be High according to the CVSS

• Within 90 calendar days for vulnerabilities deemed to be Moderate according to the CVSS

• Within 120 calendar days for vulnerabilities deemed to be Low according to the CVSS If federally mandated requirements (e.g., CISA emergency directives) specify a shorter timeframe, then the contractor would be required to meet those timeframes.. Examples include,

31310023D0004 Page 62 but are not restricted to, CISA Emergency Directives, Binding Operational Directives and required patching/remediation for vulnerabilities within the CISA Known Exploited Vulnerabilities Catalog.

Bullets two through five are specified in NRC Computer Security Organization (CSO) Standard (STD) 0020 System Security and Privacy Controls Standard and are subject to change as the standard is amended.

The Contractor shall provide patch Management reports to the COR upon Contractor receipt of a written request from the COR in accordance with the following reporting timeframes:

• 5 calendar days after being requested for a classified, CUI//SP-SGI, or high sensitivity system as determined using FIPS Pub 199

• 10 calendar days after being requested for a moderate sensitivity system as determined using FIPS Pub 199

• 15 calendar days after being requested for a low sensitivity system as determined using FIPS Pub 199 The Contractor shall incorporate anti-malware solutions into all systems used to process NRC information. For any Contractor system used to process NRC information, the Contractor must ensure that:

• All information is scanned for viruses prior to allowing the system to access the information

• Servers are scanned for malware, including viruses, adware, and spyware.

• Anti-malware information is updated at least at the following frequency:

1 calendar day for a high sensitivity system 3 calendar days for a moderate sensitivity system 7 calendar days for a low sensitivity system For any Contractor deliverables or information loaded on external hard drives or other electronic devices, the Contractor must ensure that, prior to delivery to the NRC, the device, including software and files, is free of malware, including computer viruses, worms, trojan horses, ransomware, spyware, adware, scareware, browser hijacking software, mobile code, or other malicious code.

H.4 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL EXCEPTIONS (JUL 2016)

All purchases shall comply with the latest version of policy, procedures and standards.

Individual task orders will reference latest versions of policy, procedures, standards or exceptions as necessary. These policy, procedures and standards include: NRC Management Directive (MD) volume 12 Security, Information Security Directorate policies, procedures and standards, National Institute of Standards and Technology (NIST) guidance and Federal Information Processing Standards (FIPS), and Committee on National Security Systems

31310023D0004 Page 64 (b) The equipment/property listed above is hereby transferred from contract/agreement number:

31310018D0001 to contract/agreement number:31310023D0004 (c) Only the equipment/property listed above in the quantities shown will be provided by the Government. The contractor shall be responsible and accountable for all Government property provided under this contract and shall comply with the provisions of the FAR Government Property Clause under this contract and FAR Subpart 45.5, as in effect on the date of this contract. The contractor shall investigate and provide written notification to the NRC Contracting Officer (CO) and the NRC Division of Facilities and Security, Physical Security Branch of all cases of loss, damage, or destruction of Government property in its possession or control not later than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after discovery. The contractor must report stolen Government property to the local police and a copy of the police report must be provided to the CO and to the Division of Facilities and Security, Office of Administration.

(d) All other equipment/property required in performance of the contract shall be furnished by the Contractor.

H.6 LICENSE FEE RECOVERY COSTS Included as an attachment are Billing Instructions for license fee recovery costs. A fee recovery report must be submitted by the contractor in conjunction with its monthly invoice.

H.7 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared N/A. Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.

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

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

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

The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be

31310023D0004 Page 65 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.8 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE In accordance with Appendix III, "Security of Federal Automated Information Resources," to Office of Management and Budget (OMB) Circular A-130, "Management of Federal Information Resources," NRC has established rules of behavior for individual users who access all IT computing resources maintained and operated by the NRC or on behalf of the NRC. In response to the direction from OMB, NRC has issued the "Agency-wide Rules of Behavior for Authorized Computer Use" policy, hereafter referred to as the rules of behavior. The rules of behavior for authorized computer use will be provided to NRC computer users, including contractor personnel, as part of the annual computer security awareness course.

The rules of behavior apply to all NRC employees, contractors, vendors, and agents (users) who have access to any system operated by the NRC or by a contractor or outside entity on behalf of the NRC. This policy does not apply to licensees. The next revision of Management Directive 12.5, "NRC Automated Information Security Program," will include this policy. The rules of behavior can be viewed at https://www.nrc.gov/docs/ML1724/ML17244A084.pdf or use NRCs external Web-based ADAMS at https://www.nrc.gov/reading-rm/adams.html.

The rules of behavior are effective immediately upon acknowledgement of them by the person who is informed of the requirements contained in those rules of behavior. All current contractor users are required to review and acknowledge the rules of behavior as part of the annual computer security awareness course completion. All new NRC contractor personnel will be required to acknowledge the rules of behavior within one week of commencing work under this contract and then acknowledge as current users thereafter. The acknowledgement statement can be viewed at https://www.nrc.gov/docs/ML1724/ML17244A086.pdf or use NRCs external Web-based ADAMS at https://www.nrc.gov/reading-rm/adams.html.

The NRC Computer Security Office will review and update the rules of behavior annually beginning in FY 2011 by December 31st of each year. Contractors shall ensure that their personnel to which this requirement applies acknowledge the rules of behavior before beginning contract performance and, if the period of performance for the contract lasts more than one year, annually thereafter. Training on the meaning and purpose of the rules of behavior can be provided for contractors upon written request to the NRC Contracting Officers Representative (COR).

The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order if such subcontracts/agreements will authorize access to NRC electronic and information technology (EIT) as that term is defined in FAR 2.101.

H.9 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS NRC contractors are responsible to ensure that their alien personnel are not in violation of United States immigration laws and regulations, including employment authorization documents and visa requirements. Each alien employee of the Contractor must be lawfully admitted for permanent residence as evidenced by Permanent Resident Form I-551 (Green Card), or must

31310023D0004 Page 66 present other evidence from the U.S. Department of Homeland Security/U.S. Citizenship and Immigration Services that employment will not affect his/her immigration status. The U.S.

Citizenship and Immigration Services provides information to contractors to help them understand the employment eligibility verification process for non-US citizens. This information can be found on their website, http://www.uscis.gov/portal/site/uscis.

The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or its equipment/services, and/or take any number of contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.

H.10 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (MAY 2016)

NRC contractors shall ensure that their employees, consultants, and subcontractors with access to the agency's information technology (IT) equipment and/or IT services complete NRC's online initial and refresher IT security training requirements to ensure that their knowledge of IT threats, vulnerabilities, and associated countermeasures remains current. Both the initial and refresher IT security training courses generally last an hour or less and can be taken during the employee's regularly scheduled work day.

Contractor employees, consultants, and subcontractors shall complete the NRC's online annual, "Computer Security Awareness" course on the same day that they receive access to the agency's IT equipment and/or services, as their first action using the equipment/service. For those contractor employees, consultants, and subcontractors who are already working under this contract, the on-line training must be completed in accordance with agency Network Announcements issued throughout the year, within three weeks of issuance of this modification.

Additional annual required online NRC training includes but is not limited to the following:

(1) Information Security (INFOSEC) Awareness (2) Continuity of Operations (COOP) Awareness (3) Defensive Counterintelligence and Insider Threat Awareness (4) No FEAR Act (5) Personally Identifiable Information (PII) and Privacy Act Responsibilities Awareness Contractor employees, consultants, and subcontractors who have been granted access to NRC information technology equipment and/or IT services must continue to take IT security refresher training offered online by the NRC throughout the term of the contract. Contractor employees will receive notice of NRC's online IT security refresher training requirements through agency-wide notices.

Contractor Monthly Letter Status Reports (MLSR) must include the following information for all completed training:

(1) the name of the individual completing the course; (2) the course title; and

31310023D0004 Page 67 (3) the course completion date.

The MLSR must also include the following information for those individuals who have not completed their required training:

(1) the name of the individual who has not yet completed the training; (2) the title of the course(s) which must still be completed; and (3) the anticipated course completion date(s).

The NRC reserves the right to deny or withdraw Contractor use or access to NRC IT equipment and/or services, and/or take other appropriate contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.

H.11 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORTS OR THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS (JUL 2016)

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

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

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

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

(c) Identification/Marking of Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information (SGI). The decision, determination, or direction by the NRC that information possessed, formulated or produced by the contractor/grantee constitutes SUNSI or

31310023D0004 Page 68 SGI is solely within the authority and discretion of the NRC. In performing the contract/grant, the contractor/grantee shall clearly mark SUNSI and SGI, to include for example, OUO-Allegation Information or OUO-Security Related Information on any reports, documents, designs, data, materials, and written information, as directed by the NRC. In addition to marking the information as directed by the NRC, the contractor shall use the applicable NRC cover sheet (e.g., NRC Form 461 Safeguards Information) in maintaining these records and documents. The contractor/grantee shall ensure that SUNSI and SGI is handled, maintained and protected from unauthorized disclosure, consistent with NRC policies and directions. The contractor/grantee shall comply with the requirements to mark, maintain, and protect all information, including documents, summaries, reports, data, designs, and materials in accordance with the provisions of Section 147 of the Atomic Energy Act of 1954 as amended, its implementing regulations (10 CFR 73.21), Sensitive Unclassified Non-Safeguards and Safeguards Information policies, and NRC Management Directives and Handbooks 12.5, 12.6 and 12.7.

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

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

H.12 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to the Whistleblower Employee Protection public law provisions as codified at 42 U.S.C.

5851. NRC contractor(s) and subcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and the implementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24 entitled: Your Rights Under the Energy Reorganization Act.

(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor and subcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or other employment discrimination practices with respect to compensation, terms, conditions or privileges of their employment because the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage in unlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic Energy Act of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).

(c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performed under this contract.

H.13 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (MARCH 2019)

31310023D0004 Page 69 The following Contractor employees, subcontractor personnel, and consultants proposed for performance or performing under this contract shall be subject to pre-assignment, random, reasonable suspicion, and post-accident drug testing: (1) individuals who have access to classified information (National Security Information and/or Restricted Data); (2) individuals who have access to Safeguards information (section 147 of the Atomic Energy Act of 1954, as amended); (3) individuals who are authorized to carry firearms while performing work under this contract; (4) individuals who are required to operate government vehicles or transport passengers for the NRC; (5) individuals who are required to operate hazardous equipment at NRC facilities; (6) individuals who administer the agencys drug program or who have Employee Assistance Program duties; (7) individuals who have unescorted access to vital or protected areas of Nuclear Power Plants, Category 1 Fuel Cycle Facilities, or Uranium Enrichment Facilities; or (8) incident/emergency response personnel (including on-call).

H.14 GREEN PURCHASING (SEP 2015 )

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

FEMP-designated products), water efficient, biobased, environmentally preferable (excluding EPEAT-registered products), non-ozone depleting, contain recycled content, or are non-or low toxic alternatives or hazardous constituents (e.g., non-VOC paint), where such products and services meet agency performance requirements. See: Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade."

(b) The NRC and contractor may negotiate during the contract term to permit the substitution or addition of designated recycled content products (i.e., Comprehensive Procurement Guidelines

- CPG), EPEAT-registered products, EnergyStar-and FEMP designated energy efficient products and appliances, USDA designated biobased products (Biopreferred program),

environmentally preferable products, WaterSense and other water efficient products, products containing non-or lower-ozone depleting substances (i.e., SNAP), and products containing non-or low-toxic or hazardous constituents (e.g., non-VOC paint), when such products and services are readily available at a competitive cost and satisfy the NRCs performance needs.

(c) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order.

H.15 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. lt is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.

H.16 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (a) All offerors will receive preaward and postaward notices in accordance with FAR 15.503.

(b) It is also brought to your attention that the contracting officer is the only individual who can legally obligate funds or commit the NRC to the expenditure of public funds in connection with this procurement. This means that unless provided in a contract document or specifically

31310023D0004 Page 70 authorized by the contracting officer, NRC technical personnel may not issue contract modifications, give formal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually. Informal unauthorized commitments, which do not obligate the NRC and do not entitle the contractor to payment, may include:

(1) Encouraging a potential contractor to incur costs prior to receiving a contract; (2) Requesting or requiring a contractor to make changes under a contract without formal contract modifications; (3) Encouraging a contractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable; and (4) Committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.

H.17 SECURITY REQUIREMENTS FOR UNESCORTED ACCESS TO NUCLEAR POWER PLANTS (SEP 2013)

Performance under this contract may involve unescorted access to protected and vital areas of nuclear power plants or access to unclassified Safeguards Information (SGI).

Individual contractors requiring access to protected and vital areas of nuclear power plants or access to unclassified SGI will be approved for access in accordance with the following procedures:

A. Interim Approval (a) The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) FD 258 fingerprint charts, copies of the contractors five-year employment and education history checks, including verification of the highest degree obtained, a reference from at least one additional person not provided by the individual, results of a psychological evaluation, and a certification that the contractor has found all checks acceptable, through the Project Officer to PSB/DFS for review and favorable adjudication, prior to the individual performing work under this contract. Interim access authorization approval will be revoked and the employee may subsequently be removed from the contract in the event the employee=s investigation cannot be favorably adjudicated.

Such employee will not be authorized to work under any NRC contract without the approval of PSB/DFS. A signed NRC form 570, "Access Authorization Acknowledgment," from the individual that he or she understands his or her responsibility to report to the NRC, PSB/DFS, any information bearing on his or her continued eligibility for access authorization as specified in 10 CFR Part 10, Section 10.11 "Criteria" must also be included. The results of a psychological examination, which uses a reliable written personality test or any other professionally accepted clinical evaluation procedure, will be used to evaluate a subject's trustworthiness, reliability, and stability. The contractor shall review all required information for accuracy, completeness, and legibility, except Part 2 of the SF 86 which is required to be completed in private and submitted by the individual to the contractor in a sealed envelope. Failure of the contractor to comply with this clause may be a basis to void the notice of selection. In that event, the Government may select another firm for award.

Or,

31310023D0004 Page 71 (b) The individual will arrange to be fingerprinted by the subject utility, and the contractor will submit to the utility's access authorization program.

In Section A above, PSB/DFS will conduct criminal history and credit checks and a security assurance interview with the individual.

Based on the result of these checks, PSB/DFS will determine the individual's eligibility for interim access and provide an objection or no objection to the sponsoring Office pending completion of the required background investigation by OPM. Interim access authorization approval will be revoked and the employee may subsequently be removed from the contract in the event the employee=s investigation cannot be favorably adjudicated. Such employee will not be authorized to work under any NRC contract without the approval of PSB/DFS.

B. Final Approval (a) The required investigation on the individual has been completed, and is satisfactory, resulting in NRC's endorsement of the individual's unescorted access at all nuclear facilities.

Or, (b) The contractor has obtained unescorted access authorization (other than temporary access) at the specific facility through that utility's access authorization program, Or, (c) The individual possesses a valid government issued clearance as verified by PSB/DFS. A valid government issued clearance is defined as a U.S. Government issued security clearance equivalent or higher than an NRC "L" clearance (e.g., Secret) based on a comparable investigation not more than five years old.

If an NRC contract is let to a foreign owned company employing foreign nationals, PSB/DFS will attempt to obtain security assurance from the respective government that a comparable investigation has been conducted on the individual. If an acceptable assurance is obtained, PSB/DFS will provide a NO SECURITY OBJECTION without further investigative checks.

The investigation in Section B above may involve Access National Agency Check with Inquiries (ANACI) or other investigation as deemed necessary by PSB/DFS in accordance with 10 CFR Part 10 and NRC Management Directive and Handbook 12.3. Any questions regarding the individual's eligibility for unescorted access to protected or vital areas of nuclear power facilities will be resolved in accordance with the provisions specified in 10 CFR Part 10, which is incorporated into the contract by reference as though fully set forth herein.

Any questions regarding the individual's eligibility for access to nuclear power reactor SGI will be resolved in accordance with the provisions set forth in Management Directive 12.3. Based on the review of the applicant's security forms by PSB/DFS and/or the receipt of adverse information by NRC, the individual may be denied access to nuclear power reactor SGI until a final determination of his or her eligibility for access is made under the provisions of 10 CFR Part 10. During the processing by PSB/DFS of new individuals for access to nuclear power reactor SGI, access may be granted under licensee programs.

C. Fitness for Duty

31310023D0004 Page 72 Pursuant to NRC policy, all contract individuals proposed for performance of task orders requiring unescorted access to nuclear power plants will be subject to the requirements of the licensee's Fitness for Duty program.

D. Basic Exposure Control and Personnel Dosimetry Training Requirements The contractor shall certify that personnel utilized under the scope of work herein have completed basic exposure control and personnel dosimetry training sufficient to meet the requirements of commercial nuclear power plants for unescorted access. Training will be provided on a one time basis, upon issuance of the applicable task order(s), for those individual(s) for whom the contractor cannot certify as to having completed the above training within the past year. Site specific training obtained at each site will still be required during the performance of individual task orders in addition to the basic training.@

NRCAR Clauses Incorporated By Full Text H.18 2052.204-70 SECURITY. (OCT 1999)

(a) Security/Classification Requirements Form. The attached NRC Form 187 (See List of Attachments) furnishes the basis for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractual relationship that requires access to classified information or matter, access on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.

(b) It is the contractor's duty to safeguard National Security Information, Restricted Data, and Formerly Restricted Data. The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding National Security Information, Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract upon completion or termination of this contract.

(1) The contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained if the retention is:

(i) Required after the completion or termination of the contract; and (ii) Approved by the contracting officer.

(2) The certification must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.

(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or

31310023D0004 Page 73 confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. The contractor agrees to hold the information in confidence and not to directly or indirectly duplicate, disseminate, or disclose the information, in whole or in part, to any other person or organization except as necessary to perform the work under this contract. The contractor agrees to return the information to the Commission or otherwise dispose of it at the direction of the contracting officer. Failure to comply with this clause is grounds for termination of this contract.

(d) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Facilities and Security and the Contracting Officer. These changes will be under the authority of the FAR Changes clause referenced in Section I of this document.

(e) Definition of National Security Information. As used in this clause, the term National Security Information means information that has been determined pursuant to Executive Order 12958 or any predecessor order to require protection against unauthorized disclosure and that is so designated.

(f) Definition of Restricted Data. As used in this clause, the term Restricted Data means all data concerning design, manufacture, or utilization of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy, but does not include data declassified or removed from the Restricted Data category under to Section 142 of the Atomic Energy Act of 1954, as amended.

(g) Definition of Formerly Restricted Data. As used in this clause the term Formerly Restricted Data means all data removed from the Restricted Data category under Section 142-d of the Atomic Energy Act of 1954, as amended.

(h) Security clearance personnel. The contractor may not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required. The contractor shall also execute a Standard Form 312, Classified Information Nondisclosure Agreement, when access to classified information is required.

(i) Criminal liabilities. Disclosure of National Security Information, Restricted Data, and Formerly Restricted Data relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the contractor or any person under the contractor's control in connection with work under this contract, may subject the contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12958.)

31310023D0004 Page 74 (j) Subcontracts and purchase orders. Except as otherwise authorized, in writing, by the contracting officer, the contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.

(k) In performing contract work, the contractor shall classify all documents, material, and equipment originated or generated by the contractor in accordance with guidance issued by the Commission. Every subcontract and purchase order issued under the contract that involves originating or generating classified documents, material, and equipment must provide that the subcontractor or supplier assign the proper classification to all documents, material, and equipment in accordance with guidance furnished by the contractor.

(End of Clause)

H.19 2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993)

During the life of this contract, the rights of ingress and egress for contractor personnel must be made available as required. In this regard, all contractor personnel whose duties under this contract require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the Government. The Project Officer shall assist the contractor in obtaining the badges for contractor personnel. It is the sole responsibility of the contractor to ensure that each employee has proper identification at all times. All prescribed identification must be immediately delivered to the Security Office for cancellation or disposition upon the termination of employment of any contractor personnel. Contractor personnel shall have this identification in their possession during on-site performance under this contract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessary for performance of contract work and to assure the safeguarding of any Government records or data that contractor personnel may come into contact with.

(End of Clause)

H.20 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

31310023D0004 Page 75 give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.

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

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

(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.

(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.

(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.

(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

31310023D0004 Page 76 avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government.

(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.

(e) Access to and use of information.

(1) If, in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:

(i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (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

31310023D0004 Page 77 information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.

(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.

(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.

(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.

(1) If the contractor under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.

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

(End of Clause)

H.21 2052.215-70 KEY PERSONNEL. (JAN 1993)

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

31310023D0004 Page 79 publication and papers shall focus on advances in science and technology and minimize conclusions and/or recommendations which may have regulatory implications.

(c) The principal investigator(s) shall coordinate all such publications with, and transmit a copy of the proposed article or paper to, the NRC Contracting Officer or Project Officer, prior to publication. The NRC agrees to review and provide comments within thirty (30) days after receipt of a proposed publication. However, in those cases where the information to be published is (1) subject to Commission approval, (2) has not been ruled upon, or (3) disapproved by the Commission, the NRC reserves the right to disapprove or delay the publication. Further, if the NRC disagrees with the proposed publication for any reason, it reserves the right to require that any publication not identify the NRC's sponsorship of the work and that any associated publication costs shall be borne by the contractor.

(End of Clause)

H.23 2052.242-70 RESOLVING DIFFERING PROFESSIONAL VIEWS. (OCT 1999)

(a) The Nuclear Regulatory Commission's (NRC) policy is to support the contractor's expression of professional health and safety related concerns associated with the contractor's work for NRC that may differ from a prevailing NRC staff view, disagree with an NRC decision or policy position, or take issue with proposed or established agency practices. An occasion may arise when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious expression of a competent judgement is required to document such concerns on matters directly associated with its performance of the contract. The NRC's policy is to support these instances as Differing Professional Views (DPVs).

(b) The procedure that will be used provides for the expression and resolution of differing professional views (DPVs) of health and safety related concerns associated with the mission of the agency by NRC contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of the contract. This procedure may be found in Attachments to this document. The contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees. The prime contractor or subcontractor shall submit all DPV's received but need not endorse them.

(End of Clause)

H.24 2052.242-71 PROCEDURES FOR RESOLVING DIFFERING PROFESSIONAL VIEWS.

(OCT 1999)

(a) The following procedure provides for the expression and resolution of differing professional views (DPVs) of health and safety related concerns of NRC contractors and contractor personnel on matters connected to the subject of the contract. Subcontractor DPVs must be submitted through the prime contractor. The prime contractor or subcontractor shall submit all DPV's received but need not endorse them.

(b) The NRC may authorize up to eight reimbursable hours for the contractor to document, in writing, a DPV by the contractor, the contractor's personnel, or

31310023D0004 Page 80 subcontractor personnel. The contractor shall not be entitled to any compensation for effort on a DPV which exceeds the specified eight hour limit.

(c) Before incurring costs to document a DPV, the contractor shall first determine whether there are sufficient funds obligated under the contract which are available to cover the costs of writing a DPV. If there are insufficient obligated funds under the contract, the contractor shall first request the NRC contracting officer for additional funding to cover the costs of preparing the DPV and authorization to proceed.

(d) Contract funds shall not be authorized to document an allegation where the use of this NRC contractor DPV process is inappropriate. Examples of such instances are:

allegations of wrongdoing which should be addressed directly to the NRC Office of the Inspector General (OIG), issues submitted anonymously, or issues raised which have already been considered, addressed, or rejected, absent significant new information.

This procedure does not provide anonymity. Individuals desiring anonymity should contact the NRC OIG or submit the information under NRC's Allegation Program, as appropriate.

(e) When required, the contractor shall initiate the DPV process by submitting a written statement directly to the NRC Office Director or Regional Administrator responsible for the contract, with a copy to the Contracting Officer, Division of Contracts and Property Management, Office of Administration. Each DPV submitted will be evaluated on its own merits.

(f) The DPV, while being brief, must contain the following as it relates to the subject matter of the contract:

(1) A summary of the prevailing NRC view, existing NRC decision or stated position, or the proposed or established NRC practice.

(2) A description of the submitter's views and how they differ from any of the above items.

(3) The rationale for the submitter's views, including an assessment based on risk, safety and cost benefit considerations of the consequences should the submitter's position not be adopted by NRC.

(g) The Office Director or Regional Administrator will immediately forward the submittal to the NRC DPV Review Panel and acknowledge receipt of the DPV, ordinarily within five (5) calendar days of receipt.

(h) The panel will normally review the DPV within seven calendar days of receipt to determine whether enough information has been supplied to undertake a detailed review of the issue. Typically, within 30 calendar days of receipt of the necessary information to begin a review, the panel will provide a written report of its findings to the Office Director or Regional Administrator and to the Contracting Officer, which includes a recommended course of action.

(i) The Office Director or Regional Administrator will consider the DPV Review Panel's report, make a decision on the DPV and provide a written decision to the contractor and

31310023D0004 Page 81 the Contracting Officer normally within seven calendar days after receipt of the panel's recommendation.

(j) Subsequent to the decision made regarding the DPV Review Panel's report, a summary of the issue and its disposition will be included in the NRC Weekly Information Report submitted by the Office Director. The DPV file will be retained in the Office or Region for a minimum of one year thereafter. For purposes of the contract, the DPV shall be considered a deliverable under the contract. Based upon the Office Director or Regional Administrator's report, the matter will be closed.

(End of Clause)

31310023D0004 Page 82 I - Contract Clauses NRC Local Clauses Incorporated by Full Text I.1 NRC ACQUISTION REGULATION (NRCAR) PROVISIONS AND CLAUSES (AUG 2011)

Applicable NRCAR provisions and clauses located in 48 CFR Chapter 20 are hereby incorporated by reference into this contract/order.

FAR Clauses Incorporated By Reference I.2 52.202-1 DEFINITIONS. (JUN 2020)

I.3 52.203-3 GRATUITIES. (APR 1984)

I.4 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

I.5 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (JUN 2020)

I.6 52.203-7 ANTI-KICKBACK PROCEDURES. (JUN 2020)

I.7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

I.8 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY.

(MAY 2014)

I.9 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (JUN 2020)

I.10 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (NOV 2021)

I.11 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (JUN 2020)

I.12 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS. (JAN 2017)

I.13 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER. (MAY 2011)

I.14 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS. (JUN 2020)

I.15 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

I.16 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS. (OCT 2016)

I.17 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (AUG 2020)

31310023D0004 Page 83 I.18 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014)

I.19 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. (NOV 2021)

I.20 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES. (NOV 2021)

I.21 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

I.22 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT.

(NOV 2021)

I.23 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018)

I.24 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015)

I.25 52.210-1 MARKET RESEARCH. (NOV 2021)

I.26 52.215-2 AUDIT AND RECORDS - NEGOTIATION. (JUN 2020)

I.27 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997)

I.28 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA.

(AUG 2011)

I.29 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA

- MODIFICATIONS. (JUN 2020)

I.30 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA. (JUN 2020)

I.31 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA -

MODIFICATIONS. (JUN 2020)

I.32 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS. (OCT 2010)

I.33 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS. (JUL 2005)

I.34 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997)

I.35 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF SUBCONTRACT EFFORT. (OCT 2009)

I.36 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (JUN 2020) -- ALTERNATE I (OCT 2009)

31310023D0004 Page 84 I.37 52.216-8 FIXED FEE. (JUN 2011)

I.38 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (OCT 2022)

I.39 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (OCT 2022)

I.40 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN. (SEP 2021)

I.41 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (OCT 2022)

(a) Definitions. As used in this clause-Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

31310023D0004 Page 85 (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition-(1) Was set aside for small business and has a value above the simplified acquisition threshold; (2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or (3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [ ] assigned to contract number [ ].

31310023D0004 Page 86 (2) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that it [ ] is,

[ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that it [ ] is,

[ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __________.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __________.]

(6) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that it [ ] is,

[ ] is not a veteran-owned small business concern.

(7) (Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.) The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that-(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: [ ]. Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

31310023D0004 Page 87 I.42 52.222-3 CONVICT LABOR. (JUN 2003)

I.43 52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015)

I.44 52.222-26 EQUAL OPPORTUNITY. (SEP 2016)

I.45 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)

I.46 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020)

I.47 52.222-37 EMPLOYMENT REPORTS ON VETERANS. (JUN 2020)

I.48 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT. (DEC 2010)

I.49 52.222-50 COMBATING TRAFFICKING IN PERSONS. (NOV 2021)

I.50 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (MAY 2022)

I.51 52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

I.52 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. (JUN 2020)

I.53 52.227-1 AUTHORIZATION AND CONSENT. (JUN 2020)

I.54 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (JUN 2020)

I.55 52.227-11 PATENT RIGHTS-OWNERSHIP BY THE CONTRACTOR. (MAY 2014)

(a) As used in this clause-Invention means any invention or discovery that is or may be patentable or otherwise protectable under title 35 of the U.S. Code, or any variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.)

Made means-(1) When used in relation to any invention other than a plant variety, the conception or first actual reduction to practice of the invention; or (2) When used in relation to a plant variety, that the Contractor has at least tentatively determined that the variety has been reproduced with recognized characteristics.

Nonprofit organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)), or any nonprofit scientific or educational organization qualified under a State nonprofit organization statute.

31310023D0004 Page 88 Practical application means to manufacture, in the case of a composition of product; to practice, in the case of a process or method; or to operate, in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or Government regulations, available to the public on reasonable terms.

Subject invention means any invention of the Contractor made in the performance of work under this contract.

(b) Contractor's rights (1) Ownership. The Contractor may retain ownership of each subject invention throughout the world in accordance with the provisions of this clause.

(2) License. (i) The Contractor shall retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, unless the Contractor fails to disclose the invention within the times specified in paragraph (c) of this clause. The Contractor's license extends to any domestic subsidiaries and affiliates within the corporate structure of which the Contractor is a part, and includes the right to grant sublicenses to the extent the Contractor was legally obligated to do so at contract award. The license is transferable only with the written approval of the agency, except when transferred to the successor of that part of the Contractor's business to which the invention pertains.

(ii) The Contractor's license may be revoked or modified by the agency to the extent necessary to achieve expeditious practical application of the subject invention in a particular country in accordance with the procedures in FAR 27.302(i)(2) and 27.304-1(f).

(c) Contractor's obligations. (1) The Contractor shall disclose in writing each subject invention to the Contracting Officer within 2 months after the inventor discloses it in writing to Contractor personnel responsible for patent matters. The disclosure shall identify the inventor(s) and this contract under which the subject invention was made. It shall be sufficiently complete in technical detail to convey a clear understanding of the subject invention. The disclosure shall also identify any publication, on sale (i.e., sale or offer for sale), or public use of the subject invention, or whether a manuscript describing the subject invention has been submitted for publication and, if so, whether it has been accepted for publication. In addition, after disclosure to the agency, the Contractor shall promptly notify the Contracting Officer of the acceptance of any manuscript describing the subject invention for publication and any on sale or public use.

(2) The Contractor shall elect in writing whether or not to retain ownership of any subject invention by notifying the Contracting Officer within 2 years of disclosure to the agency. However, in any case where publication, on sale, or public use has initiated the 1-year statutory period during which valid patent protection can be obtained in the United States, the period for election of title may be shortened by the agency to a date that is no more than 60 days prior to the end of the statutory period.

(3) The Contractor shall file either a provisional or a nonprovisional patent application or a Plant Variety Protection Application on an elected subject

31310023D0004 Page 89 invention within 1 year after election. However, in any case where a publication, on sale, or public use has initiated the 1-year statutory period during which valid patent protection can be obtained in the United States, the Contractor shall file the application prior to the end of that statutory period. If the Contractor files a provisional application, it shall file a nonprovisional application within 10 months of the filing of the provisional application. The Contractor shall file patent applications in additional countries or international patent offices within either 10 months of the first filed patent application (whether provisional or nonprovisional) or 6 months from the date permission is granted by the Commissioner of Patents to file foreign patent applications where such filing has been prohibited by a Secrecy Order.

(4) The Contractor may request extensions of time for disclosure, election, or filing under paragraphs (c)(1), (c)(2), and (c)(3) of this clause.

(d) Government's rights-(1) Ownership. The Contractor shall assign to the agency, on written request, title to any subject invention-(i) If the Contractor fails to disclose or elect ownership to the subject invention within the times specified in paragraph (c) of this clause, or elects not to retain ownership; provided, that the agency may request title only within 60 days after learning of the Contractor's failure to disclose or elect within the specified times.

(ii) In those countries in which the Contractor fails to file patent applications within the times specified in paragraph (c) of this clause; provided, however, that if the Contractor has filed a patent application in a country after the times specified in paragraph (c) of this clause, but prior to its receipt of the written request of the agency, the Contractor shall continue to retain ownership in that country.

(iii) In any country in which the Contractor decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.

(2) License. If the Contractor retains ownership of any subject invention, the Government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on its behalf, the subject invention throughout the world.

(e) Contractor action to protect the Government's interest. (1) The Contractor shall execute or have executed and promptly deliver to the agency all instruments necessary to-(i) Establish or confirm the rights the Government has throughout the world in those subject inventions in which the Contractor elects to retain ownership; and

31310023D0004 Page 90 (ii) Assign title to the agency when requested under paragraph (d) of this clause and to enable the Government to obtain patent protection and plant variety protection for that subject invention in any country.

(2) The Contractor shall require, by written agreement, its employees, other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in the Contractor's format, each subject invention in order that the Contractor can comply with the disclosure provisions of paragraph (c) of this clause, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions. The disclosure format should require, as a minimum, the information required by paragraph (c)(1) of this clause. The Contractor shall instruct such employees, through employee agreements or other suitable educational programs, as to the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars.

(3) The Contractor shall notify the Contracting Officer of any decisions not to file a nonprovisional patent application, continue the prosecution of a patent application, pay maintenance fees, or defend in a reexamination or opposition proceeding on a patent, in any country, not less than 30 days before the expiration of the response or filing period required by the relevant patent office.

(4) The Contractor shall include, within the specification of any United States nonprovisional patent or plant variety protection application and any patent or plant variety protection certificate issuing thereon covering a subject invention, the following statement, "This invention was made with Government support under (identify the contract) awarded by (identify the agency). The Government has certain rights in the invention."

(f) Reporting on utilization of subject inventions. The Contractor shall submit, on request, periodic reports no more frequently than annually on the utilization of a subject invention or on efforts at obtaining utilization of the subject invention that are being made by the Contractor or its licensees or assignees. The reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the Contractor, and other data and information as the agency may reasonably specify. The Contractor also shall provide additional reports as may be requested by the agency in connection with any march-in proceeding undertaken by the agency in accordance with paragraph (h) of this clause. The Contractor also shall mark any utilization report as confidential/proprietary to help prevent inadvertent release outside the Government. As required by 35 U.S.C. 202(c)(5), the agency will not disclose that information to persons outside the Government without the Contractor's permission.

(g) Preference for United States industry. Notwithstanding any other provision of this clause, neither the Contractor nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for an agreement may be waived by the agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts

31310023D0004 Page 91 have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, or that under the circumstances domestic manufacture is not commercially feasible.

(h) March-in rights. The Contractor acknowledges that, with respect to any subject invention in which it has retained ownership, the agency has the right to require licensing pursuant to 35 U.S.C. 203 and 210(c), and in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the agency in effect on the date of contract award.

(i) Special provisions for contracts with nonprofit organizations. If the Contractor is a nonprofit organization, it shall-(1) Not assign rights to a subject invention in the United States without the written approval of the agency, except where an assignment is made to an organization that has as one of its primary functions the management of inventions, provided, that the assignee shall be subject to the same provisions as the Contractor; (2) Share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (but through their agency if the agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C.

202(e) and 37 CFR 401.10; (3) Use the balance of any royalties or income earned by the Contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions for the support of scientific research or education; and (4) Make efforts that are reasonable under the circumstances to attract licensees of subject inventions that are small business concerns, and give a preference to a small business concern when licensing a subject invention if the Contractor determines that the small business concern has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not small business concerns; provided, that the Contractor is also satisfied that the small business concern has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Contractor.

(5) Allow the Secretary of Commerce to review the Contractor's licensing program and decisions regarding small business applicants, and negotiate changes to its licensing policies, procedures, or practices with the Secretary of Commerce when the Secretary's review discloses that the Contractor could take reasonable steps to more effectively implement the requirements of paragraph (i)(4) of this clause.

(j) Communications.

N/A

31310023D0004 Page 92 (k) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (k), in all subcontracts for experimental, developmental, or research work to be performed by a small business concern or nonprofit organization.

(2) The Contractor shall include in all other subcontracts for experimental, developmental, or research work the substance of the patent rights clause required by FAR Subpart 27.3.

(3) At all tiers, the patent rights clause must be modified to identify the parties as follows: references to the Government are not changed, and the subcontractor has all rights and obligations of the Contractor in the clause. The Contractor shall not, as part of the consideration for awarding the subcontract, obtain rights in the subcontractor's subject inventions.

(4) In subcontracts, at any tier, the agency, the subcontractor, and the Contractor agree that the mutual obligations of the parties created by this clause constitute a contract between the subcontractor and the agency with respect to the matters covered by the clause; provided, however, that nothing in this paragraph is intended to confer any jurisdiction under the Contract Disputes statute in connection with proceedings under paragraph (h) of this clause.

(End of clause)

I.56 52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014)

I.57 52.227-16 ADDITIONAL DATA REQUIREMENTS. (JUN 1987)

I.58 52.230-2 COST ACCOUNTING STANDARDS. (JUN 2020)

I.59 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS. (JUN 2010)

I.60 52.232-18 AVAILABILITY OF FUNDS. (APR 1984)

I.61 52.232-22 LIMITATION OF FUNDS. (APR 1984)

I.62 52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014) - ALTERNATE I (APR 1984)

I.63 52.232-25 PROMPT PAYMENT. (JAN 2017) - ALTERNATE I (FEB 2002)

I.64 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)

I.65 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

I.66 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (NOV 2021)

I.67 52.233-1 DISPUTES. (MAY 2014)

I.68 52.233-3 PROTEST AFTER AWARD. (AUG 1996) - ALTERNATE I (JUN 1985)

I.69 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

31310023D0004 Page 93 I.70 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS. (APR 1984)

I.71 52.242-3 PENALTIES FOR UNALLOWABLE COSTS. (SEP 2021)

I.72 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS. (JAN 1997)

I.73 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (JAN 2017)

I.74 52.242-13 BANKRUPTCY. (JUL 1995)

I.75 52.243-2 CHANGES - COST-REIMBURSEMENT. (AUG 1987) - ALTERNATE I (APR 1984)

I.76 52.244-2 SUBCONTRACTS. (JUN 2020) - ALTERNATE I (JUN 2020)

(a) Definitions. As used in this clause-Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).

Consent to subcontract means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract.

Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.

(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that-(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or (2) Is fixed-price and exceeds-(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract; or (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract.

31310023D0004 Page 94 (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts:

N/A (e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information:

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the type of subcontract to be used.

(iii) Identification of the proposed subcontractor.

(iv) The proposed subcontract price.

(v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.

(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.

(vii) A negotiation memorandum reflecting-(A) The principal elements of the subcontract price negotiations; (B) The most significant considerations controlling establishment of initial or revised prices; (C) The reason certified cost or pricing data were or were not required; (D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price; (E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify

31310023D0004 Page 95 each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(2) If the Contractor has an approved purchasing system and consent is not required under paragraph (c) or (d) of this clause, the Contractor nevertheless shall notify the Contracting Officer reasonably in advance of entering into any (i) cost-plus-fixed-fee subcontract, or (ii) fixed-price subcontract that exceeds either the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of this contract. The notification shall include the information required by paragraphs (e)(1)(i) through (iv) of this clause.

(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination-(1) Of the acceptability of any subcontract terms or conditions; (2) Of the allowability of any cost under this contract; or (3) To relieve the Contractor of any responsibility for performing this contract.

(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).

(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.

(i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

None (End of clause)

I.77 52.244-5 COMPETITION IN SUBCONTRACTING. (DEC 1996)

I.78 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (OCT 2022)

I.79 52.245-1 GOVERNMENT PROPERTY. (SEP 2021) - ALTERNATE II (APR 2012)

I.80 52.245-9 USE AND CHARGES. (APR 2012)

31310023D0004 Page 96 I.81 52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)

I.82 52.248-1 VALUE ENGINEERING. (JUN 2020)

I.83 52.249-6 TERMINATION (COST-REIMBURSEMENT). (MAY 2004)

I.84 52.249-14 EXCUSABLE DELAYS. (APR 1984)

I.85 52.251-1 GOVERNMENT SUPPLY SOURCES. (APR 2012)

I.86 52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

FAR Clauses Incorporated By Full Text I.87 52.203-14 DISPLAY OF HOTLINE POSTER(S). (NOV 2021)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)-

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and (ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from https://www.nrc.gov/docs/ML1226/ML12268A243.pdf (c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal

31310023D0004 Page 97 Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract-(1) Is for the acquisition of a commercial product or commercial service; or (2) Is performed entirely outside the United States.

(End of clause)

I.88 52.216-7 ALLOWABLE COST AND PAYMENT. (AUG 2018) - ALTERNATE IV (AUG 2012)

(a) Invoicing. (1) The Government will make payments to the Contractor when requested as work progresses, but not more often than once every two weeks, in amounts determined to be allowable by the Contracting Officer in accordance with FAR subpart 31.7 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request.

In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only (i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract; (ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for -

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made -

31310023D0004 Page 98 (1) In accordance with the terms and conditions of a subcontract or invoice; and (2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government; (B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract; (C) Direct labor; (D) Direct travel; (E) Other direct in-house costs; and (F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless -

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and (ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) below.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

31310023D0004 Page 99 (2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool).

Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool).

Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and

31310023D0004 Page 100 the subcontractor name, address, and point of contact information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at https://www.whitehouse.gov/ wp-content/uploads/2017/11/ContractorCompensationCapContractsA wardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsA wardedafterJune24.pdf.

(C) Identification of prime contracts under which the contractor performs as a subcontractor.

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).

31310023D0004 Page 101 (F) Certified financial statements and other financial data (e.g.,

trial balance, compilation, review, etc.).

(G) Management letter from outside CPAs concerning any internal control weaknesses.

(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section.

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.

(K) Federal and State income tax returns.

(L) Securities and Exchange Commission 10-K annual report.

(M) Minutes from board of directors meetings.

(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: Contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

31310023D0004 Page 102 (5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.

(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may--

(A) Determine the amounts due to the Contractor under the contract; and (B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates -

(1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) adjusted for prior overpayments or underpayments.

(h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the

31310023D0004 Page 103 Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver -

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except -

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.

(End of clause)

I.89 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 Day of Award through the following 12 months.

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

31310023D0004 Page 104 (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)

I.90 52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-(1) Any order for a single item in excess of (2) Any order for a combination of items in excess of

or (3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

I.91 52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government,

31310023D0004 Page 105 when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one (1) year from contract expiration.

(End of clause)

I.92 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration date.

(End of clause)

I.93 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 90 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

(End of clause)

I.94 52.222-2 PAYMENT FOR OVERTIME PREMIUMS. (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed to be determined at the task order level or the overtime premium is paid for work-

31310023D0004 Page 106 (1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; (3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or (4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall-(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime; (2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule; (3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and (4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

(End of clause)

PROCEDURES FOR USING THE CENTER FOR NUCLEAR WASTE REGULATORY ANALYSES FOR WORK FOR THE NUCLEAR REGULATORY COMMISSION AND OTHERS WITHIN ITS AREAS OF SPECIAL COMPETENCY

1. INTRODUCTION On October 15, 1987, the Nuclear Regulatory Commission (NRC) contracted with Southwest Research Institute (SwRI) to establish the Center for Nuclear Waste Regulatory Analyses (Center) as a Federally Funded Research and Development Center (FFRDC). The Center was established to provide long-term continuity and conflict-of-interest-free technical and research assistance to NRC, in support of its programs addressing transportation, storage, reprocessing, and disposal of spent nuclear fuel and high-level radioactive wastes associated with the Nuclear Waste Policy Act (NWPA), as amended (hereafter referred to as the HLW program). The Center is operated as a separate business unit of SwRI, a private, not-for-profit organization.

NRC is the sole sponsor of the Center. As the sole sponsor, it is NRC's responsibility to maintain funding continuity to help ensure Center management and NRC staff goals of achieving and maintaining both a high degree of technical competence and efficient use of technical resources.

It is in the interest of both NRC and the Center to maintain contractual continuity (scope of work and schedules) and funding stability, consistent with NRC's HLW program and the Nation's evolving waste program within current and anticipated requirements of the NWPA, implementation of the U.S. Department of Energy's (DOE's) Blue Ribbon Commission on America's Nuclear Future (BRC), and budget appropriations. Although contractual continuity and stability of funding are essential, they cannot always be guaranteed. Some year-to-year variation in funding and scope must be anticipated. Center capabilities can make a contribution to entities other than NRC, and to technical areas other than the HLW program (both within and outside NRC). Therefore, to alleviate the impact of year-to-year budget variations, it is desirable for the Center to perform work for others, within its areas of special competency. Furthermore, it is anticipated that work for others will broaden staff knowledge and experience, provide opportunity to broaden and deepen the Center's core expertise that is used in service to NRC, and provide for more efficient use of Center resources, when NRC's HLW program requirements do not fully use the time and talents of core Center staff.

Work for others must be conducted in accordance with applicable Office of Federal Procurement Policy (OFPP) guidance, Federal Acquisition Regulations (FAR), and other pertinent rules and procedures. Nothing in these implementing procedures is intended to alter the requirements of such rules and procedures.

2.

PURPOSE AND SCOPE The purpose of this document is to establish the responsibilities and procedures whereby the Center may obtain authorization from its sponsor, NRC, to perform work for others that is related to its primary purpose, scope, mission or special competency, and to ensure that (1) Opportunities for the Center to conduct work, within its areas of special competency, for NRC, outside the HLW program, or for any non-sponsor organization, are identified; (2) The anticipated benefits of such situations are maximized; J

2 (3) Possible adverse impacts of such use are properly evaluated and either avoided or effectively mitigated; (4) Appropriate review of, and decision-making on, requests for such work, are provided in a timely manner; and (5) The Center avoids conflicts of interest in performing such work.

The scope of these procedures extends to all FFRDC work conducted for organizations other than the sponsor. In order to avoid the potential for conflict of interest, the Center shall not undertake any work under these procedures for DOE, contractors under the DOE HLW program, and States and affected Tribes that may participate in the process of siting, developing, designing, licensing, operating, or decommissioning a HLW repository, or associated interim storage facilities or sites. The Center may be allowed to provide support to agreement states, as determined by NRC on a case-by-case basis.

3.

DEFINITIONS 3.1 CharterThe document that established the requirement for the Center and delineates the purpose, mission, general scope of effort, and role of the Center as an FFRDC. The Center is chartered to provide sustained high-quality technical assistance and research in support of NRC's HLW program, under the NWPA.

3.2 Core Center StaffAll fulltime regular staff members of the Center, exclusive of clerical support staff.

3.3 Non-sponsorAny organization, inside or outside the Federal Government, that funds specific work to be performed by the Center but is not a party to the sponsoring agreement (FAR Subsection 35.017(b)).

3.4 NRC Center Program ManagerThe individual contractually responsible for: overall program performance of the Center's operations; integration of work assigned to the Center; evaluation of the overall performance of the Center, 3.5 NRC Task Order Contracting Officer's RepresentativeThe Contracting Officer's authorized representative for administering the technical aspect of one or more task orders or other work elements.

3.6 Special CompetencyA special or unique capability, including qualitative aspects, developed incidental to the primary functions of the Center, to meet some special need.

3.7 SponsorThe executive agency that manages, administers, monitors, funds, and is responsible for the overall use of an FFRDC (see FAR Subsection 35.017(b)). In this case, the sponsor is NRC.

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3.8 Work for othersAny work, conducted under applicable policies and procedures of the OFPP and the FAR and the provision of the NRC contract with SwRI for operation of the Center, other than that conducted (i) for Its sponsor, in accordance with its current Charter, or (ii) within the SwRI Internal Research and Development Program. In accordance with OFPP procedures and the FAR, work for others must satisfy one of two criteria: (i) the work must clearly fall within the purpose, mission, and general scope of effort established for the Center; or (ii) the work must be within one or more areas of special competency of the Center.

4. RESPONSIBILITIES 4.1 The Most Senior Level Manager of the CNWRA is responsible for ensuring implementation of these procedures at the Center.

4.2 Center management is responsible for identifying and evaluating opportunities to conduct work for others, wherein such opportunities achieve the goals delineated in the "Introduction" to these procedures, and is also responsible for assessing and avoiding or mitigating any potential impacts that may result from any assignment of Center personnel to conduct work for others.

4.3 Center management will ensure that a proper evaluation is performed of each request to conduct work for others, will assess related impacts and any potential conflict of interest, and will submit to the NRC Contracting Officer and the NRC Center Program Manager, all information and analyses required herein, in accordance with these procedures.

4.4 The Work for Others Committee (WFOC) of the Center Review Group (CRG), which includes the NRC contracting officer, a representative from OGC and the EWC COR, is responsible for evaluating the Center's request for authorization to perform work for others, against the procedures contained herein and against the FAR criteria; for making recommendation to the Director, Division of Fuel Management (DFM), on the disposition of the request; and for assuring that total Center effort for Work for Others does not exceed 30 percent for non-government work of the Center's total fiscal year funding without prior notification to the Commission.

4.5 The NRC EWC COR is responsible for the timely evaluation of each request from the Center to perform work for others; for conferring about such work with NRC's technical sponsors; for obtaining approval from the Director, DFM to implement the CRG's recommendation; for promptly informing the NRC Contracting Officer of the results of the evaluation; and for updating the ADAMS database to ensure that it includes all approved work, after the NRC Contracting Officer has provided authorization to the Center.

4.6 The NRC Contracting Officer is responsible for providing all contractual direction to the Center and is the only individual who can provide such direction and who can authorize the Center to perform work for others; for monitoring work for others by fiscal year and alerting the WFOC if the combined efforts associated with work for other approaches 30 percent for non-government work of the Center's total fiscal year funding; and for ensuring compliance with the constraints and criteria applicable to work placed with the Center, as provided in FAR Subsections 6.303, 17.504(e) and 35.017-3.

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4.7 Any Federal agency proposing work to be performed, through an interagency agreement or other contracting vehicle, within the Center's areas of special competency is responsible for making the determination required by FAR Subsections 17.504 and 17.503, and for providing, to the NRC Contracting Officer, documentation that the requested work would not place the FFRDC in direct competition with domestic private industry, as required by FAR Subsection 17.504(e) and a justification as required by FAR Subsection 6.303.

5. PROCEDURES The extent of the Center's participation in work for others will depend on the nature of the work and when it is to be performed, capabilities of the Center, and availability of Center resources.

These procedures shall be followed except as provided for in contract Section H.1.3 Limitation of Contracting, which allows for prior notifications rather than work for others analyses for certain types of work. A written request for the Center to perform work for others within its areas of special competency may be initiated in one of three ways:

(1) NRC could request Center assistance to perform work that is not directly related to NRC's HLW program under the NWPA; (2) An organization other than NRC could request Center assistance to perform work that is related to the NWPA; or (3) An organization other than NRC could request Center assistance to perform work that is not directly related to the NWPA.

Work falling within these categories must be covered by one or more of the Centers areas of "special competency," and must be evaluated by NRC, and authorized by the Contracting Officer. The following process provides the mechanism for obtaining NRC's authorization to perform such work.

For the Center to perform work beyond that covered in its contract with NRC, the requesting U.S. Federal agency must concurrently submit to the NRC Contracting Officer and to the Center, for evaluation, a detailed statement of work, including scope, proposed period of performance, and estimated level of effort. If the requesting organization is other than a U.S.

Federal agency, these materials will be submitted to the NRC Contracting Officer by the Center.

In addition to the above, should the requesting organization be a U.S. Federal agency, it shall provide to the NRC Contracting Officer, a justification, as required by FAR Subsection 6.303, for other than full and open competition, and documentation, as required by FAR Subsection 17.504(e), supporting the finding that the work will not place the Center in direct competition with domestic private industry.

Should the requesting organization reside within NRC, the NRC EWC COR shall forward the request for assistance, with the approval of the Director, DFM, to the NRC Contracting Officer.

The NRC Contracting Officer will review this request, and prepare the necessary documentation as required by FAR 6.303. Upon approval of such documentation by the NRC Competition Advocate, the NRC Contracting Officer will forward NRC'S request for assistance to the Center.

In accordance with Section H.1.2, Other ContractsPrior Notification, under the contract, the Center will evaluate the request for proposal and, if interested in performing the work, will request written authorization from the NRC Contracting Officer (with a concurrent copy to NRC's J

5 EWC COR) for acceptance. The Center's written request to perform work for others, either inside or outside of the NRC, must be accompanied by a justification for performing the work that addresses each of the following criteria.

(1) The requested work is within the domain of one of the Center's "special competency" areas, consistent with FAR Subsection 35.017-3.

(2) The requested work has undergone a conflict of interest review, and a determination has been made that the conduct of the proposed work would be in accordance with NRC's conflict of interest requirements. [The NRC staff will conduct the conflict-of-interest review and make the subsequent determination for work performed for NRC.]

(3) The requested work will not negatively impact the long-term stability of staff and funding at the Center and would, preferably, increase that stability. The expertise, including labor hours and other resources required to conduct the work, should be delineated.

(4) The requested work would not materially reduce the effectiveness of the Center in carrying out its primary mission to provide support to NRC's HLW program (i.e., would not significantly impact costs, scope, or schedule of NWPA work assigned to the Center by NRC).

(5) The requested work would augment or help to maintain capabilities, technologies, management methods, and technical expertise of importance to NRC and its HLW program mission.

Costs related to preparing justifications for performing work and to developing proposals in response to NRC request would be included in the Center's overhead pool. Costs for responding to requests for work from outside NRC will be borne by SwRI and will not be reimbursed by NRC.

Upon receipt of the Center's request for authorization to perform the work, the NRC EWC COR will distribute copies of the request and the justification to members of the WFOC. A meeting will be scheduled to review the request and to make a recommendation as soon as possible, but with a goal of 10 calendar days from the date of receipt. All justifications will be evaluated and authorized, based on the requirements in the FAR, restrictions in NRC's contract with SwRI for operation of the Center, these procedures, and the priorities of currently approved program and the proposed work.

Assuming that the justification package, as submitted, is complete, the WFOC will arrive at a decision at that meeting as to whether to recommend approval of authorization to the Center to accept the work. The NRC EWC COR will submit the WFOC'S recommendation, with the approval of the Director, to the NRC Contracting Officer. For work outside of the NRC not exceeding $50,000, the approval of the Director, is not required. The NRC Contracting Officer will determine whether the requested action is in compliance with the FAR and the contract terms and conditions' and will seek resolution of any contractual issues raised by the Center's request. After resolution, the NRC Contracting Officer will inform the Center of NRC's decision.

The NRC EWC COR, after the Contracting Officer has provided authorization to the Center, will update the ADAMS database to ensure that it includes all approved work.

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For work for others, authorized by the NRC Contracting officer, the Center will establish individual financial and labor resource tracking accounts. Center management, the NRC Contracting Officer, and the NRC EWC COR will ensure overhead and management costs are properly distributed. Proposals for NRC work, that include the technical scope, schedules, and required resources, once accepted by the NRC Division requesting the work, will be incorporated into NRC's contract with SwRI and will become contractually binding.

In addition to management of the Center's NWPA work for NRC, the NRC staff will provide technical and direct management oversight of NRC work not performed under the NWPA, Technical and direct management oversight of non-NRC work will be provided by the requesting organization.

Day-to-day technical and financial management of approved programs/projects will be performed by the Center and the requesting organization. Potential or actual impacts on HLW program work at the Center will be noted in the MAJOR PROBLEMS section of the Center's Monthly Status Report. At any NRC/Center Annual program Reviews, the Most Senior Level Manager of the CNWRA will advise NRC on the extent of ongoing work for others. A brief assessment of potential adverse impacts, if any, on the NRC HLW program, will be provided.

The NRC contracting officer will monitor the funding provided to the Center to perform work for others and will inform the CRG if the total fiscal year funding for such efforts approaches 30 percent for non-government work of the Centers total fiscal year funding. The CRG will recommend approval of requests to perform work for others that would cause total fiscal year funding for such work at the Center to exceed 30 percent for non-government work only in exceptional circumstances. If such approval is recommended, the NRC EWC COR will so inform the Commission, prior to submitting the recommendation to the contracting officer for review and authorization.

6. ALTERNATIVE PROCEDURE FOR APPROVAL OF REQUESTS BY NRC FOR PRESENTATIONS BY CENTER STAFF The NRC contracting officer may authorize the Center to perform work for others when the Center is requested by other NRC offices to present papers relating to work that the Center has performed under this contract. Documentation will be placed in the file indicating that the five criteria cited above have been met.

7. RECORDS The results of evaluations conducted in accordance with this procedure, as well as the evaluation material supporting the results, shall be documented and retained in the project files at the Center and NRC.

ATTACHMENT 4 Subpart 2009.5 Organizational Conflicts of Interest

§2009.500 Scope of subpart.

In accordance with 42 U.S.C. 2210a., NRC acquisitions are processed in accordance with

§2009.570, which takes precedence over FAR 9.5 with respect to organizational conflicts of interest. Where non-conflicting guidance appears in FAR 9.5, that guidance must be followed.

§2009.570 NRC organizational conflicts of interest.

§2009.570-1 Scope of policy.

(a) It is the policy of NRC to avoid, eliminate, or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by the NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.

(b) Contractor conflict of interest determinations cannot be made automatically or routinely.

The application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied to satisfy the overall public interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations that might arise. However, examples are provided in these regulations to guide application of this policy guidance. The ultimate test is as follows: Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?

(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other relationships with the NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC agreements with other Government agencies, international organizations, or state, local, or foreign Governments. Separate procedures for avoiding conflicts of interest will be employed in these agreements, as appropriate.

§2009.570-2 Definitions.

Affiliates means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both.

Contract means any contractual agreement or other arrangement with the NRC except as provided in §2009.570-1(c).

Contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which are a party to a contract with the NRC.

Evaluation activities means any effort involving the appraisal of a technology, process, product, or policy.

Offeror or prospective contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, or their affiliates or successors in interest, including their chief executives, directors, key personnel, proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.

Organizational conflicts of interest means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:

(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice, or may otherwise result in a biased work product; or (2) May result in its being given an unfair competitive advantage.

Potential conflict of interest means that a factual situation exists that suggests that an actual conflict of interest may arise from award of a proposed contract. The term potential conflict of interest is used to signify those situations that (1) Merit investigation before contract award to ascertain whether award would give rise to an actual conflict; or (2) Must be reported to the contracting officer for investigation if they arise during contract performance.

Research means any scientific or technical work involving theoretical analysis, exploration, or experimentation.

Subcontractor means any subcontractor of any tier who performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts not exceeding $10,000.

Technical consulting and management support services means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require that the contractor be given access to proprietary information or to information that has not been made available to the public. These services typically include assistance in the preparation of program plans, preliminary designs, specifications, or statements of work.

§2009.570-3 Criteria for recognizing contractor organizational conflicts of interest.

(a) General.

(1) Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:

(i) Are there conflicting roles which might bias an offeror's or contractor's judgment in relation to its work for the NRC?

(ii) May the offeror or contractor be given an unfair competitive advantage based on the performance of the contract?

(2) NRC's ultimate determination that organizational conflicts of interest exist will be made in light of common sense and good business judgment based upon the relevant facts. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships that might involve potential organizational conflicts of interest, NRC

personnel will pay particular attention to proposed contractual requirements that call for the rendering of advice, consultation or evaluation activities, or similar activities that directly lay the groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs. Any work performed at an applicant or licensee site will also be closely scrutinized by the NRC staff.

(b) Situations or relationships. The following situations or relationships may give rise to organizational conflicts of interest:

(1) The offeror or contractor shall disclose information that may give rise to organizational conflicts of interest under the following circumstances. The information may include the scope of work or specification for the requirement being performed, the period of performance, and the name and telephone number for a point of contact at the organization knowledgeable about the commercial contract.

(i) Where the offeror or contractor provides advice and recommendations to the NRC in the same technical area where it is also providing consulting assistance to any organization regulated by the NRC.

(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter on which it is also providing assistance to any organization regulated by the NRC.

(iii) Where the offeror or contractor evaluates its own products or services, or has been substantially involved in the development or marketing of the products or services of another entity.

(iv) Where the award of a contract would result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC, or would result in an unfair competitive advantage for the offeror or contractor.

(v) Where the offeror or contractor solicits or performs work at an applicant or licensee site while performing work in the same technical area for the NRC at the same site.

(2) The contracting officer may request specific information from an offeror or contractor or may require special contract clauses such as provided in §2009.570-5(b) in the following circumstances:

(i) Where the offeror or contractor prepares specifications that are to be used in competitive procurements of products or services covered by the specifications.

(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using the approaches or methodologies.

(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs that could form the basis for a later procurement action.

(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.

(v) Where the award of a contract might result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or might result in an unfair competitive advantage for the offeror or contractor.

(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.

(1)(i) Example. The ABC Corp., in response to a Request For Proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The ABC Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the ABC Corp. advises that it is currently performing similar analyses for the reactor manufacturer.

(ii) Guidance. An NRC contract for that particular work normally would not be awarded to the ABC Corp. because the company would be placed in a position in which its judgment could be biased in relationship to its work for the NRC. Because there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.

(2)(i) Example. The ABC Corp., in response to an RFP, proposes to perform certain analyses of a reactor component that is unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp. projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.

(ii) Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which could motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work with the private sector that could create a conflict during the performance of the NRC contract. For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.

(3)(i) Example. The ABC Corp., in response to a competitive RFP, submits a proposal to assist the NRC in revising NRC's guidance documents on the respiratory protection requirements of 10 CFR Part 20. ABC Corp. is the only firm determined to be technically acceptable. ABC Corp.

has performed substantial work for regulated utilities in the past and is expected to continue similar efforts in the future. The work has and will cover the writing, implementation, and administration of compliance respiratory protection programs for nuclear power plants.

(ii) Guidance. This situation would place the firm in a role where its judgment could be biased in relationship to its work for the NRC. Because the nature of the required work is vitally important in terms of the NRC's responsibilities and no reasonable alternative exists, a waiver of the policy, in accordance with §2009.570-9 may be warranted. Any waiver must be fully documented in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.

(4)(i) Example. The ABC Corp. submits a proposal for a new system to evaluate a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Corp. has advised the NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.

(ii) Guidance. A contract could be awarded to the ABC Corp. if the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless this information has been reported to the NRC. Data on how the reactor component performs, which is reported to the NRC by contractors, will normally be disseminated by the NRC to others to preclude an unfair competitive advantage. When the NRC furnishes information about the reactor component to the contractor for the performance of contracted work, the information may not be used in the contractor's private activities unless the information is generally available to others. Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information,

developed about the performance of the reactor component under the contract, is proposed to be used.

(5)(i) Example. The ABC Corp., in response to a RFP, proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In accordance with the representation in the RFP and §2009.570-3(b)(1)(i), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the eastern United States, but none of the sites are within the geographic area contemplated by the NRC study.

(ii) Guidance. The contracting officer would normally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. Section 2052.209-72(c) Work for Others, would preclude ABC Corp. from accepting work which could create a conflict of interest during the term of the NRC contract.

(6)(i) Example. AD Division of ABC Corp., in response to a RFP, submits a proposal to assist the NRC in the safety and environmental review of applications for licenses for the construction, operation, and decommissioning of fuel cycle facilities. ABC Corp. is divided into two separate and distinct divisions, AD and BC. The BC Division performs the same or similar services for industry. The BC Division is currently providing the same or similar services required under the NRC's contract for an applicant or licensee.

(ii) Guidance. An NRC contract for that particular work would not be awarded to the ABC Corp.

The AD Division could be placed in a position to pass judgment on work performed by the BC Division, which could bias its work for NRC. Further, the Conflict of Interest provisions apply to ABC Corp. and not to separate or distinct divisions within the company. If no reasonable alternative exists, a waiver of the policy could be sought in accordance with §2009.570-9.

(7)(i) Example. The ABC Corp. completes an analysis for NRC of steam generator tube leaks at one of a utility's six sites. Three months later, ABC Corp. is asked by this utility to perform the same analysis at another of its sites.

(ii) Guidance. Section 2052.290-72(c)(3) would prohibit the contractor from beginning this work for the utility until one year after completion of the NRC work at the first site.

(8)(i) Example. ABC Corp. is assisting NRC in a major on-site analysis of a utility's redesign of the common areas between its twin reactors. The contract is for two years with an estimated value of $5 million. Near the completion of the NRC work, ABC Corp. requests authority to solicit for a $100K contract with the same utility to transport spent fuel to a disposal site. ABC Corp. is performing no other work for the utility.

(ii) Guidance. The Contracting Officer would allow the contractor to proceed with the solicitation because it is not in the same technical area as the NRC work; and the potential for technical bias by the contractor because of financial ties to the utility is slight due to the relative value of the two contracts.

(9)(i) Example. The ABC Corp. is constructing a turbine building and installing new turbines at a reactor site. The contract with the utility is for five years and has a total value of $100 million. ABC Corp. has responded to an NRC Request For Proposal requiring the contractor to participate in a major team inspection unrelated to the turbine work at the same site. The estimated value of the contract is $75K.

(ii) Guidance. An NRC contract would not normally be awarded to ABC Corp. because these factors create the potential for financial loyalty to the utility that may bias the technical judgment of the contractor.

(d) Other considerations.

(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of conflicts prior to the award of a contract.

(2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.

§2009.570-4 Representation.

(a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor. The procedures apply to small purchases meeting the criteria stated in the following paragraph (b) of this section.

(b) The organizational conflicts of interest representation provision at §2052.209-71 must be included in solicitations and contracts resulting from unsolicited proposals. The contracting officer must also include this provision for task orders and contract modifications for new work for:

(1) Evaluation services or activities; (2) Technical consulting and management support services; (3) Research; and (4) Other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in the resulting contract. This representation requirement also applies to all modifications for additional effort under the contract except those issued under the "Changes" clause. Where, however, a statement of the type required by the organizational conflicts of interest representation provisions has previously been submitted with regard to the contract being modified, only an updating of the statement is required.

(c) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work contained in a RFP unless the RFP specifically prohibits the exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would be to the detriment of the competitive posture of the other offerors, the NRC shall reject the proposal as unacceptable.

(d) The offeror's failure to execute the representation required by paragraph (b) of this section with respect to an invitation for bids is considered to be a minor informality. The offeror will be permitted to correct the omission.

§2009.570-5 Contract clauses.

(a) General contract clause. All contracts and simplified acquisitions of the types set forth in

§2009.570-4(b) must include the clause entitled, "Contractor Organizational Conflicts of Interest," set forth in §2052.209-72.

(b) Other special contract clauses. If it is determined from the nature of the proposed contract that an organizational conflict of interest exists, the contracting officer may determine that the conflict can be avoided, or, after obtaining a waiver in accordance with §2009.570-9,

neutralized through the use of an appropriate special contract clause. If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any restriction. These clauses include but are not limited to:

(1) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related non-production contract previously performed by the contractor; (2) Software exclusion clauses; (3) Clauses which require the contractor (and certain of its key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data and guard against its unauthorized use.

§2009.570-6 Evaluation, findings, and contract award.

The contracting officer shall evaluate all relevant facts submitted by an offeror and other relevant information. After evaluating this information against the criteria of §2009.570-3, the contracting officer shall make a finding of whether organizational conflicts of interest exist with respect to a particular offeror. If it has been determined that real or potential conflicts of interest exist, the contracting officer shall:

(a) Disqualify the offeror from award; (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of §2009.570-9.

§2009.570-7 Conflicts identified after award.

If potential organizational conflicts of interest are identified after award with respect to a particular contractor and the contracting officer determines that conflicts do exist and that it would not be in the best interest of the Government to terminate the contract, as provided in the clauses required by §2009.570-5, the contracting officer shall take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with §2009.570-9, neutralize the effects of the identified conflict.

§2009.570-8 Subcontracts.

The contracting officer shall require offerors and contractors to submit a representation statement from all subcontractors (other than a supply subcontractor) and consultants performing services in excess of $10,000 in accordance with §2009.570-4(b). The contracting officer shall require the contractor to include contract clauses in accordance with §2009.570-5 in consultant agreements or subcontracts involving performance of work under a prime contract.

§2009.570-9 Waiver.

(a) The contracting officer determines the need to seek a waiver for specific contract awards with the advice and concurrence of the program office director and legal counsel. Upon the recommendation of the Senior Procurement Executive, and after consultation with legal counsel, the Executive Director for Operations may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.

(b) Waiver action is strictly limited to those situations in which:

(1) The work to be performed under contract is vital to the NRC program; (2) The work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest.

(3) Contractual and/or technical review and surveillance methods can be employed by the NRC to neutralize the conflict.

(c) The justification and approval documents for any waivers must be placed in the NRC Public Document Room.

§2009.570-10 Remedies.

In addition to other remedies permitted by law or contract for a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.

ATTACHMENT 5 MONTHLY LETTER STATUS REPORT INSTRUCTIONS FOR CONTRACTS AND ORDERS The contractor shall submit an electronic Monthly Letter Status Report (MLSR) by the 20th day of each month to the Contracting Officers Representative (COR) and the Contracting Officer (CO). If orders are issued under the contract, a separate MLSR must be provided for each order. MLSRs are not required once the NRC determines that work under the contract/order is complete, and the final costs are acceptable. A SAMPLE TEMPLATE, WHICH MAY BE USED TO COMPLETE THE MLSR, IS ENCLOSED.

Provide the information requested in each of the following sections if applicable.

I. CONTRACT/ORDER IDENTIFICATION & CONTACT INFORMATION Reporting period:

Contract number:

Order number:

Contract title and period of performance:

Order title and period of performance:

CORs name, telephone number, and e-mail address:

Full name and address of the contractor:

Name, telephone numbers and email addresses of the Contractor Project:

Manager(s)/Contractor Lead Reviewer:

II. FINANCIAL STATUS A. Overall Funding Information Total Ceiling Amount: $

Total Amount of Funds Obligated to Date: $

Total Invoiced for this Reporting Period: $

Total Amount Invoiced - Cumulative Amount to Date: $

Total Amount of Funds Expended to Date (Based on Obligated Funds): $

Percentage of Funds Expended to Date (Based on Obligated Funds): %

Balance of Obligated Funds Remaining (Based on Invoiced Amount): $

Total Amount Invoiced & Costs Incurred (Invoiced amounts & amounts not yet invoicede.g. pending /outstanding to subcontractor): $

Balance of Obligated Funds Remaining After Deducting Total Amount Invoiced &

Amounts Not Yet Invoiced (Costs Incurred): $

Balance of Funds Required for Completion: $

2 B. Contractor Acquired Property Report all property with an acquisition cost of $5,000 or more (including Information Technology (IT) hardware and software), acquired for the project during the month. Report all sensitive property regardless of cost. The following information is required for each reported item:

• Item/property description;

• Manufacturer, model number, and serial number, if applicable;

• Acquisition cost or development cost; and

• Date received.

If property was not acquired during the reporting month, include a negative statement to that effect in the MLSR.

The final MLSR for the contract shall include a closeout property report certifying that property with an acquisition cost of greater than $5,000 (including IT hardware and software) and sensitive property regardless of cost is included in the final property report and that the list is complete. For each item listed, the report shall contain:

• Item/property description;

• Manufacturer; the model number, & the serial number, if applicable;

• Acquisition or development cost; and

• Date received.

The closeout property report shall identify any ongoing or contemplated NRC projects on which the property could be utilized. If no property was acquired under the contract, include a negative report. Note any property requiring special handling based on security, health, safety, or other reasons as part of the report.

C. NRC-Funded Software Report NRC funded software with a useful life of 2 years or more and a development cost of greater than $5,000. Provide the following information for each item of NRC funded software:

• Software name and function:

• Development cost:

• Computer language used:

• Operating system:

• Physical location of the software and/or the hardware system:

• Date the software development was completed:

• Scheduled replacement date or projected useful life. If the useful life is not readily apparent, the useful life is considered to be 5 years from the day the software was considered operational:

III. TECHNICAL STATUS A. Deliverables/Milestones Schedule Provide the following information for each deliverable/milestone identified in the SOW:

• Task/subtask:

Description:

3

• Planned completion date:

• Revised completion date if applicable:

• Actual completion date:

The deliverables/milestones schedule shall be revised as necessary. Any variance in schedule shall be identified and discussed in detail. Discussion shall include the cause for the variance, together with any proposed solution to bring the dates within the original planned dates.

B. Progress During Reporting Period Provide a clear and concise discussion of the work performed during the reporting period.

Include sufficient detail to support the costs reported for the reporting period. A summary of significant meetings and conference calls must be included. In addition, the current status of each deliverable, task, or service shall be identified. Progress reported as "worked on all tasks" is not acceptable.

C. Travel Travel taken during the reporting period shall be fully described and shall include, at a minimum, the purpose of the travel, whether prior NRC authorization was required and obtained, the names of all travelers, the beginning and ending dates of the travel, and the destination point.

D. Anticipated and Encountered Problem Areas Problems encountered during the reporting period and anticipated in subsequent period(s)

(to include, for example, problems or circumstances that require a change in the level of effort or estimated cost, scope of work, or travel requirements) shall be identified.

Discussion of problems encountered during the reporting period shall include the actual solution. If the solution was not implemented during the reporting period, a detailed discussion of the proposed solution shall be included. The status of the problem shall be updated in subsequent MLSRs until problem resolution is achieved and reported. Clearly identify the person(s) and/or organization(s) with responsibility to address the problem. If NRC is required to take action to resolve a problem or concern, the COR should be notified separately.

A discussion of the impact on the projected cost and schedule of the project or task order shall be included. If the projected actual cost is expected to be greater than or less than the planned cost and/or if the schedule is projected to be longer than or less than the planned schedule, an in depth rationale for the difference(s) shall be provided. Actions to mitigate schedule delays and/or cost/price increases shall be thoroughly described.

Problems or circumstances requiring a modification to the level of effort, estimated cost, scope of work, or travel requirements shall also be discussed in the MLSR. The COR should be notified separately if a modification is needed. Such notification shall not be delayed until issuance of the MLSR.

4 E. Plans for the Next Reporting Period Provide a concise discussion of work to be performed and a description of anticipated travel during the next reporting period. Describe milestones anticipated to be completed in the next reporting period.

F. Staff Hours Summary The staff hours summary must identify the task/subtask, the staff assigned to the task/subtask, hours budgeted, hours expended for this reporting period, total cumulative hours expended and the task/subtask status.

IV. CONTRACTOR REQUIRED TRAINING In accordance with the following clauses, NRC INFORMATION TECHNOLOGY SECURITY TRAINING and FAR 52.224-3 Alt. 1 Privacy Training, contractors shall ensure that their employees, consultants, and subcontractors with access to the agency's information technology (IT) equipment and/or IT services complete NRC's online initial and refresher IT security training requirements to ensure that their knowledge of IT threats, vulnerabilities, and associated countermeasures remains current. Both the initial and refresher IT security training courses generally last an hour or less and can be taken during the employee's regularly scheduled work day. The contractor shall also ensure that any other required training as stipulated by the contract terms and conditions, shall be taken in a timely manner. Failure to do so, shall be reflected in the contractors CPARS report.

Where the contract/order includes the clauses, NRC INFORMATION TECHNOLOGY SECURITY TRAINING and FAR 52.224-3 Alt. 1, the MLSR must include the following information for all completed training:

(1) Name of the individual completing the course:

(2) Course title:

(3) Course completion date:

The MLSR must also include the following information for those individuals who have not completed their required training:

(1) Name of the individual who has not yet completed the training:

(2) Title of the course(s) which must still be completed:

(3) Anticipated course completion date(s):

V. LICENSE FEE RECOVERY COST STATUS This section is required if any portion of the work described in the Statement of Work is fee recoverable.

Pursuant to the provisions on fees of Title 10 of the Code of Federal Regulations Parts 170 and 171, provide the total amount of fee recoverable costs incurred during the reporting period, the fiscal year to date costs, and the cumulative total costs to date for each task/project. The License Fee Recovery Cost Status (LFRCS) shall be recorded on a separate page as part of the MLSR, and shall be in the format provided in the MLSR template under the LFRCS Section.

Each report will contain a docket number, cost activity code (CAC) or other unique identifier.

Facilities must be sorted by docket number/identifier. Unit numbers must be identified for

5 each facility included in the LFRCS table. For work that involves more than one facility at the same site, each facility should be listed separately, and the costs should be split appropriately between the facilities. Common costs, as defined below, must be identified separately in the LFRCS.

Common costs are those costs that are not licensee unique and associated with the performance of an overall program that benefit all similar licensees covered under that program or that are required to satisfactorily carry out the program. Common costs include costs associated with the following: preparatory or start-up efforts to interpret and reach agreement on methodology, approach, acceptance criteria, regulatory position, or technical reporting requirements; efforts associated with the "lead plant" concept that might be involved during the first one or two plant reviews; meetings and discussions involving the above efforts to provide orientation, background knowledge or guidance during the course of a program; any technical effort applied to a docket or other unique identifier; and project management. Common costs must be reported monthly for each docket or unique identifier.

Common costs must be computed based on the proportion of direct costs incurred against each docket or unique identifier for the reporting period.

Any/all non-fee recoverable costs must be accounted for in the cost breakdown table of the MLSR template with the corresponding non-fee recoverable CAC as directed by the COR.

VI. SPENDING PLAN UPDATERequired for Cost Reimbursement, Labor-Hour and Time-and-Materials Contracts/Orders (Complete as Applicable for Other Contract Types)

The initial Spending Plan must be included in the initial MLSR. Thereafter, the spending plan shall be updated on the MLSR Spending Plan Update Template in Excel (enclosed),

and submitted with the MLSR. Spending plan updates shall encompass two fiscal years (current fiscal year and following fiscal year). Discussion shall include significant spending plan variances, the cause for the variance, and proposed solutions to bring the cost within planned amounts. Definitions of spending plan terms are provided below:

Planned - Spending plan agreed to by the parties at time of award.

Revised - Updated spending plan revised by the contractor. Spending plan shall be updated as necessary.

Actual - Total amount/costs expended by the contractor as reported in the MLSR.

Variance - Percentage difference between planned, or revised if applicable, and actual

ENCLOSURE MONTHLY LETTER STATUS REPORT-TEMPLATE Reporting Period Start Date Reporting Period End Date NRC Contract Number Order Number (if applicable)

Contract/Order Title Period of Performance Start Date:

Period of Performance End Date:

Contracting Officers Representative (COR)

COR Telephone COR E-mail Contractor Name Contractor Complete Address (Street, City, State, and Zip Code)

Contract Project Manager(s)/Contractor Lead Reviewer Telephone E-mail Provide the information requested in each of the following sections if applicable. (Please insert N/A beside items that are not applicable)

FINANCIAL STATUS A. Overall Funding:

1.

Total Ceiling Amount

2.

Total Amount of Funds Obligated to Date

3.

Total Amount Invoiced - This Period

4.

Total Amount Invoiced - Cumulative Amount to Date

5.

Total Amount of Funds Expended to Date (Based on Obligated Funds)

6.

Percentage of Funds Expended to Date (Based on Obligated Funds)

7.

Balance of Obligated Funds Remaining (Based on Invoiced Amounts)

8.

Total Amount/Costs Incurred (Invoiced amounts & amounts not yet invoicede.g. pending; outstanding to subcontractor)

9.

Balance of Obligated Funds Remaining after Deducting Total Incurred Amounts/Costs

10.

Balance of Funds Required for Completion

2 B. Contractor Acquired Property:

Item*

Description Manufacturer Model Number Serial Number Acquisition Cost ($)

Receipt Date Property Identification Number

• Asterisk represents sensitive item C. NRC-Funded Software:

Name*

Function Development Cost ($)

Computer Language Used Operating System Location of System Date Software Completed Date of Scheduled Replacement/

Useful Life

• Asterisk represents sensitive software TECHNICAL STATUS A. Deliverables/Milestones Schedule:

(Any variance in schedule shall be identified and discussed in detail. Discussion shall include the cause for the variance, together with any proposed solution to bring the dates within the original planned dates.)

Task/Subtask Description Planned Completion Date Revised Completion Date (if applicable)

Actual Completion Date B. Progress during Reporting Period: ___________________________________________

C. Travel for this Period:

Staff Purpose of Travel NRC Authorization Required/

Obtained*

Start Date End Date Destination/Activity

• Include name of NRC authorizing official and date authorization was obtained.

3 D. Anticipated and Encountered Problem Areas: __________________________________

E. Plans for the Next Reporting Period: ___________________________________________

F. Staff Hours Summary:

Task/Subtask/Phase Staff Assigned Hours Budgeted Hours Expended This Reporting Period Total Cumulative Hours Expended Notes TRAINING (Complete if contract/order includes the clause, NRC INFORMATION TECHNOLOGY SECURITY TRAINING)

Completed Training:

Name of Individual Completing the Course During This Period Course Title Course Completion Date Training To Be Completed:

Name of Individual Who has NOT, To Date, Completed the Required Training Course Title Anticipated Course Completion Date

4 LICENSE FEE RECOVERY COST STATUS Reporting Period Start Date Reporting Period End Date Contract Number Order Number Project Title Licensee Task Order No.

Facility Name/Unit Number Docket Number CAC Number Period Costs Fiscal Year Costs to Date Cumulative Costs to Date Important Note - Individual administrative costs (e.g. costs associated with overall project management/coordination, administrative setup/monitoring of the task order/agreement, preparation of the MLSR, etc.) must be included in the current period costs (i.e. these costs should not be noted as separate costs/items). Administrative costs must be proportionately allocated to each line item listed in the summary table above. Any/all non-fee-recoverable costs must be accounted for in the above table with the appropriate non-billable Cost Activity Code (CAC) as provided by the COR. The total Period Costs in the above table shall equal the total amount charged to NRC for this period.

5 SPENDING PLAN - Fiscal Year (FY) _______

Required for Cost Reimbursement, Labor-Hour and Time-and-Materials Contracts/Orders (Complete as applicable for other contract types)

FY_____

Oct.

Nov.

Dec.

Jan.

Feb.

Mar.

April May June July Aug.

Sept.

TOTAL Planned ($)

Revised ($)

Actual ($)

Variance

(%)

FY_____

Oct.

Nov.

Dec.

Jan.

Feb.

Mar.

April May June July Aug.

Sept.

TOTAL Planned ($)

Revised ($)

Actual ($)

Variance

(%)

Spending Plan.xlsx

ATTACHMENT 6 CONTRACTOR SPENDING PLAN (CSP)

(TO BE COMPLETED AS A PART OF THE OFFERORS COST PROPOSAL FOR EACH COST REIMBURSEMENT CONTRACT OR INDIVIDUAL TASK ORDER OR FOR ANY CONTRACT OR TASK ORDER MODIFICATION WHICH EXCEEDS $100,000 AND HAS A PERFORMANCE PERIOD EXCEEDING 6 MONTHS)

Solicitation No.

Period of Performance: From

______ To ______________

Contract No. ________________________

Task Order No. Modification No.

Total Estimated Costs (including fixed fee, $

Offeror/Contractor Name:

if any) of the Proposed Contract/Task Order/

Modification (to a contract or task order) at the time of proposal submission. Does not include options.

Provide cost details by month for the total contract/task order/or task order modification Cost Elements 1st Month 2nd Month 3rd Month 4th Month 5th Month 6th Month Direct Costs Indirect Costs Total Estimated Costs including fixed fee if any Projected Completion Cost Elements 7th Month 8th Month 9th Month 10th Month 11th Month 12th Month Direct Costs Indirect Costs Total Estimated Costs including fixed fee if any Projected Completion

Version Control Date: September 20, 2018 ATTACHMENT 7 - BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (SEPTEMBER 2018)

General: During performance and through final payment of this contract, the contractor is responsible for the accuracy and completeness of data within the System for Award Management (SAM) database and for any liability resulting from the Governments reliance on inaccurate or incomplete SAM data.

The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner and format described herein. FAILURE TO SUBMIT INVOICES/VOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICE/VOUCHER AS IMPROPER.

Standard Forms: Reimbursement requests shall be submitted on the payee's letterhead, invoice/voucher, or on the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet."

Electronic Invoice/Voucher Submissions: The preferred method of submitting invoices/vouchers is electronically to the Department of Treasurys Administrative Resource Center, via email to: NRC@fiscal.treasury.gov.

Hard-Copy Invoice/Voucher Submissions: If you submit a hard-copy of the invoice/voucher, a signed original and supporting documentation shall be submitted to the following address:

Fiscal Accounting Program, Admin & Training Group Avery Street A3-G Bureau of the Fiscal Service PO Box 1328 Parkersburg WV 26106-1328 Purchase of Capital Property: ($50,000 or more with life of one year or longer)

Contractors must report to the Contracting Officer, electronically, any capital property acquired with contract funds having an initial cost of $50,000 or more, in accordance with procedures set forth in NRC Management Directive (MD).

Agency Payment Office: Payment will continue to be made by the office designated in the contract in Block 12 of the Standard Form 26, or Block 25 of the Standard Form 33, whichever is applicable.

Frequency: The contractor shall submit requests for reimbursement once each month, unless otherwise authorized by the Contracting Officer.

Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sample form entitled "Invoice/Voucher for Purchases and Services Other Than Personal". Alternate formats are permissible only if they address all requirements of the Billing Instructions. The

Version Control Date: September 20, 2018 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (SEPTEMBER 2018) instructions for preparation and itemization of the invoice/voucher are included with the sample form.

Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task order with detailed cost information. This includes all applicable cost elements and other items discussed in paragraphs (a) through (s) of the attached instructions. In addition, the invoice/voucher must specify the contract number, and the NRC-assigned task/delivery order number.

Billing of Costs after Expiration of Contract: If costs are incurred during the contract period and invoiced after the contract has expired, you must cite the period during which these costs were incurred. To be considered a proper expiration invoice/voucher, the contractor shall clearly mark it "EXPIRATION INVOICE" or EXPIRATION VOUCHER".

Final invoices/vouchers shall be marked "FINAL INVOICE" or "FINAL VOUCHER".

Currency: Invoices/Vouchers must be expressed in U.S. Dollars.

Supersession: These instructions supersede previous Billing Instructions for Cost-Reimbursement Type Contracts (FEB 2018).

Version Control Date: September 20, 2018 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (SEPTEMBER 2018)

INVOICE/VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT - COVER SHEET)

1. Official Agency Billing Office Fiscal Accounting Program, Admin & Training Group Avery Street A3-G Bureau of the Fiscal Service PO Box 1328 Parkersburg WV 26106-1328

2. Invoice/Voucher Information

a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payees Data Universal Number (DUNS) or DUNS+4 number that identifies the Payees name and address. The DUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

b. Taxpayer Identification Number. The Payee shall include the Payees taxpayer identification number (TIN) used by the Internal Revenue Service (IRS) in the administration of tax laws.

(See IRS Web site:

http://www.irs.gov/Individuals/International-Taxpayers/Taxpayer-Identification-Numbers-(TIN)).

c. Payees Name and Address. Show the name of the Payee as it appears in the contract and its correct address. Where the Payee is authorized to assign the proceeds of this contract in accordance with the clause at Federal Acquisition Regulation (FAR) 52.232-23 Assignment of Claims, the Payee shall require as a condition of any such assignment, that the assignee shall register separately in the System for Award Management (SAM) database at http://sam.gov and shall be paid by EFT in accordance with the terms of this contract. See FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSA Federal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple Agency Contract (MAC) number, as applicable.

e. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than one task order per invoice or the invoice may be rejected as improper.

f. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginning with 001 should be designated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3-digit sequential number.

g. Date of Invoice/Voucher. Insert the date the invoice/voucher is prepared.

Version Control Date: September 20, 2018 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (SEPTEMBER 2018)

h. Billing Period. Insert the beginning and ending dates (day, month, year) of the period during which costs were incurred and for which reimbursement is requested.

i. Description of Deliverables. Provide a brief description of supplies or services, quantity, unit cost, and total cost.

j. Work Completed. Provide a general summary description of the services performed or products submitted for the invoice period and specify the section or Contract Line Item Number (CLIN) or SubCLIN in the contract pertaining to the required deliverable(s).

k. Shipping. Insert weight and zone of shipment, if shipped by parcel post.

l. Charges for freight or express shipments. Attach prepaid bill if shipped by freight or express.

m. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.

n. For Indefinite Delivery contracts, the final invoice/voucher shall be marked "FINAL INVOICE or "FINAL VOUCHER".

o. Final invoices must include the name of the NRC Contracting Officers Representative (COR) and Contracting Officer.

p. Direct Costs. Insert the amount billed for the following cost elements, adjustments, suspensions, and total amounts, for both the current billing period and for the cumulative period (from contract inception to end date of this billing period). The contractor shall not bill at rates that have not been incorporated into the contract by formal modification.

(1)

Direct Labor. This consists of salaries and wages paid (or accrued) for direct performance of the contract itemized as follows:

Labor Staff Hours Cumulative Category Assigned Billed Rate Total Hours Billed (2)

Fringe Benefits. This represents fringe benefits applicable to direct labor and billed as a direct cost. Where a rate is used indicate the rate. Fringe benefits included in direct labor or in other indirect cost pools should not be identified here.

(3)

Contractor-acquired property ($50,000 or more). List each item costing $50,000 or more and having a life expectancy of more than one year. List only those items of equipment for which reimbursement is requested. For each such item, list the following (as applicable): (a) an item description, (b) manufacturer, (c) model number, (d) serial

Version Control Date: September 20, 2018 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (SEPTEMBER 2018) number, (e) acquisition cost, (f) date of purchase, and (g) a copy of the purchasing document.

(4)

Contractor-acquired property (under $50,000), Materials, and Supplies. These are equipment other than that described in (3) above, plus consumable materials and supplies. List by category. List items valued at $1,000 or more separately. Provide the item number for each piece of equipment valued at $1,000 or more.

(5)

Premium Pay. This enumeration in excess of the basic hourly rate. (Requires written approval of the Contracting Officer.)

(6)

Consultant Fee. The supporting information must include the name, hourly or daily rate of the consultant, and reference the NRC approval (if not specifically approved in the original contract).

(7)

Travel. Total costs associated with each trip must be shown in the following format:

Start Date Destination Costs From To From To (Must include separate detailed costs for airfare, per diem, and other transportation expenses. All costs must be adequately supported by copies of receipts or other documentation.)

(8)

Subcontracts. Include separate detailed breakdown of all costs paid to approved subcontractors during the billing period.

(9)

Other Costs. List all other direct costs by cost element and dollar amount separately.

q. Indirect Costs (Overhead and General and Administrative Expense). Cite the formula (rate and base) in effect in accordance with the terms of the contract, during the time the costs were incurred and for which reimbursement is requested. The contractor shall not bill at rates that have not been incorporated into the contract by formal modification.

r. Fixed-Fee. If the contract provides for a fixed-fee, it must be reimbursed as indicated in the contract. Cite the formula or method of computation. Include this information as it applies to individual task orders as well.

(1) The NRC will withhold payment of 15% of the negotiated contract fixed-fee amount, not to exceed $100,000.

Version Control Date: September 20, 2018 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (SEPTEMBER 2018)

(2) If the fee withholding amount has reached $100,000, the contractor may resume billing the NRC for the balance of its fee under subsequent invoices for work completed.

(3) Any fee amounts withheld by the NRC will be paid to the contractor during contract closeout in increments, following the submission/settlement of indirect rate proposals in accordance with FAR 52.216-8, Fixed Fee (JUN 2011).

s. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.

t. Adjustments. Insert columns for any adjustments, including outstanding suspensions for deficient or defective products or nonconforming services, for the current and cumulative periods.

u. Grand Totals.

Version Control Date: September 20, 2018 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (SEPTEMBER 2018)

3. Sample Invoice/Voucher Information Sample Invoice/Voucher Information (Supporting Documentation must be attached)

This invoice/voucher represents reimbursable costs for the billing period from through.

Amount Billed Current Period Cumulative (a)

Direct Costs (1)

Direct labor (2)

Fringe benefits (% of direct labor)

(3)

Government property ($50,000 or more)

(4)

Government property, Materials, and Supplies (under $50,000 per item)

(5)

Premium pay (NRC approved overtime)

(6)

Consultants Fee (7)

Travel (8)

Subcontracts (9)

Other costs Total Direct Costs:

(b)

Indirect Costs (provide the rate information applicable to your firm)

(10)

Overhead % of (Indicate Base)

(11)

General and Administrative (G&A) %

of (Indicate Base)

Total Indirect Costs:

(c)

Fixed-Fee:

(12)

Fixed-Fee Calculations:

i.

Total negotiated contract fixed-fee percent___ and amount $_________

ii.

85% allowable fee amount $_________

iii.

Cumulative fee billed on prior invoices $_________

iv.

Fee due this invoice (not to exceed 85% of fee earned based upon negotiated contract fee percentage) $_________

Note: The fee balance withheld by NRC may not exceed $100,000.

Version Control Date: September 20, 2018 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (SEPTEMBER 2018)

Total Fixed-Fee:

(d)

Total Amount Billed (e)

Adjustments (+/-)

(f)

Grand Total (The invoice/voucher format provided above must include information similar to that included below in the following to ensure accuracy and completeness.)

SAMPLE SUPPORTING INFORMATION The budget information provided below is for format purposes only and is illustrative.

Cost Elements:

1)

Direct Labor - $2,400 Labor Staff Hours Cumulative Category Assigned Billed Rate Total Hours Billed Senior Engineer I Pete Smith 100

$14.00

$1,400 975 Engineer Rob Johnson 50

$10.00

$ 500 465 Computer Analyst John Roberts 100

$ 5.00

$ 500 320

$2,400 1,760 hrs.

2)

Fringe Benefits - $480 Fringe @ 20% of Direct Salaries Labor Fringe Category Salaries Amount Senior Engineer I

$1,400

$280 Engineer

$ 500

$100 Computer Analyst

$ 500

$100

$2,400

$480

3)

Government-furnished and contractor-acquired property ($50,000 or more) - $60,000 Prototype Spectrometer - item number 1000-01 = $60,000

4)

Government-furnished and contractor-acquired property (under $50,000), Materials, and

Version Control Date: September 20, 2018 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (SEPTEMBER 2018)

Supplies - $2,000 10 Radon tubes @ $110.00

= $1,100 6 Pairs Electrostatic gloves @ $150.00

= $ 900

$2,000

5)

Premium Pay - $150 Walter Murphy - 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> @ $10.00 Per Hour (Reg. Pay) = $100 x 1.5 OT rate = $150 (EX: Premium pay for this individual was approved and authorized under this contract by the NRC Contracting Officer by letter dated 6/1/2011.)

6)

Consultants' Fee - $100 Dr. Carney - 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> fully-burdened @ $100 = $100

7)

Travel - $2,640 (i)

Airfare: (2 Roundtrip trips for 1 person @ $300 per r/t ticket)

Start Date End Date Days From To Cost 4/1/2011 4/7/2011 7

Philadelphia, PA Wash, D.C.

$300 7/1/2011 7/8/2011 8

Philadelphia, PA Wash, D.C.

$300 (ii)

Per Diem: $136/day x 15 days = $2,040

8)

Subcontracting - $30,000 Company A

= $10,000 Company B

= $20,000

$30,000 (EX: Subcontracts for Companies A & B were consented to by the Contracting Officer by letter dated 6/15/2011.)

9)

Other Costs - $5,100 Honorarium for speaker at American Nuclear Society conference = $5,000 Nuclear Planet Journal subscription fee = $100

10)

Overhead Expense - $41,148 Overhead @ 40% of Total Direct Costs

11)

General and Administrative (G&A) Expense - $22,784

Version Control Date: September 20, 2018 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (SEPTEMBER 2018)

G&A @ 20% of Total Costs, excluding subcontracts and consultants

12)

Fixed-Fee - $8,218 Fixed-Fee applied to Total Costs @ 5%

Fixed-Fee Calculations:

i.

Total contract fixed-fee $100,000 ii.

85% allowable fee $85,000 iii.

Cumulative fee billed on prior invoices $85,000 iv.

Fee due this invoice (not to exceed 85% of fee earned based upon negotiated contract fee percentage) $8,218 Total Amount Billed

$175,020 Adjustments (+/-)

- $8,218 Grand Total

$166,802