ML23195A072

Delivery Order No. 31310023F0062 Under Contract No. 31310023D0005

ML23195A072
Person / Time
Issue date:	06/05/2023
From:	Jennifer Dudek Acquisition Management Division
To:
References
31310023D0005
Download: ML23195A072 (1)

Text

DATE OF ORDER 2

ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION CONTRACT NO.

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

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

ORDER NO.

QUANTITY ACCEPTED 06/05/2023 31310023F0062 PAGE NO (a)

(b)

(c)

(d)

(e)

(f)

(g) 31310023D0005 (Note: This task order serves as the minimum guarantee for contract no.

31310023D0005.)

CONTRACTOR ACCEPTANCE OF TASK ORDER NO.

31310023F0062 Acceptance of Task Order No. 31310023F0062 under contract No. 31310023D0005 should be made by having an official, authorized to bind your organization, execute two copies of this document in the space provided and return one copy to the Contracting Officer.

You should retain the other copy for your records.

Accepted Task Order No. 31310023F0062 under Contract No. 31310023D0005:

Signature Name Title Date Task Order Base and All Options: $397,140.00 Task Order Exercised Amount:

Task Order Obligation Amount: $145,095.00 Accounting Info:

2023-X0200-FEEBASED-60-60D003-60B306-1166-11 213-255B-11-6-213-1166 Period of Performance: 06/05/2023 to 06/30/2024 Prescribed by GSA FAR (48 CFR) 53.213(f)

OPTIONAL FORM 348 (Rev. 4/2006)

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

$0.00

31310023D0005/31310023F0062 Page 3 B - Supplies or Services/Prices.....................................................................................................4 B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION.......................................................4 B.2 CONSIDERATION AND OBLIGATION-TASK ORDERS....................................................4 B.3 PRICE/COST SCHEDULE..................................................................................................4 C - Description/Specifications.......................................................................................................6 C.1 STATEMENT OF WORK....................................................................................................6 D - Packaging and Marking.........................................................................................................15 D.1 PACKAGING AND MARKING..........................................................................................15 D.2 BRANDING.......................................................................................................................15 E - Inspection and Acceptance....................................................................................................16 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)........................................16 F - Deliveries or Performance.....................................................................................................17 F.1 PLACE OF DELIVERY-REPORTS...................................................................................17 F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)...........................17 G - Contract Administration Data................................................................................................18 G.1 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) -

ALTERNATE I (OCT 1999).....................................................................................................18 H - Special Contract Requirements.............................................................................................19 H.1 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS......................19 H.2 2052.215-70 KEY PERSONNEL. (JAN 1993)..................................................................19 H.3 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

.................................................................................................................................................20 I - Contract Clauses.....................................................................................................................23 I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993).......................................................................................................................................23 I.2 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM.

(MAR 1989).............................................................................................................................26 I.3 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999).................................................26

31310023D0005/31310023F0062 Page 4 B - Supplies or Services/Prices B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION (a) The title of this project is: Regulatory Framework Applicability Assessment of Artificial Intelligence in Nuclear Applications (b) Summary work description:

The objective of this task order is to assess the applicability of the existing regulatory framework in considering the unique aspects of AI applications (e.g., explainability, trustworthiness, bias, robustness, ethics, security, risks) and determining where deficiencies may exist which could require updating existing or developing new regulations, guidance, or procedures to evaluate and review AI uses in NRC-regulated activities.

B.2 CONSIDERATION AND OBLIGATION-TASK ORDERS (a) The ceiling of this order for services is $145,095.00 (Cost of and Fee of

) for the base tasks. The amount will increase upon exercise of the optional task as shown in Section B.3.

(b) This order is subject to the minimum and maximum ordering requirements set forth in the contract.

(c) The amount presently obligated with respect to this order is $145,095.00, of which represents Costs and represents Fixed-Fee. The obligated amount shall, at no time, exceed the order ceiling as specified in paragraph (a) above. When and if the amount(s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this order, in accordance with FAR Part 43 - Modifications.

Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk and may not be reimbursed by the Government.

(d) The Contractor shall comply with the provisions of FAR 52.232-22 -Limitation of Funds, for incrementally-funded delivery orders or task orders.

B.3 PRICE/COST SCHEDULE Total Estimated Cost and Fixed-Fee breakdown by CLIN is presented below.

CLIN Description Est Cost Fixed Fee Total Cost Plus Fixed Fee 00001Estimated Costs - Base Tasks (Tasks 1-4) 00002Fee - Base Tasks (Tasks 1-4)

TOTAL

31310023D0005/31310023F0062 Page 6 C - Description/Specifications C.1 STATEMENT OF WORK 1 PROJECT TITLE Regulatory Framework Applicability Assessment of Artificial Intelligence in Nuclear Applications 2 BACKGROUND In 2021, the U.S. Nuclear Regulatory Commission (NRC) began development of the agencys Artificial Intelligence (AI) Strategic Plan. The purpose of the AI Strategic Plan is to ensure the staffs readiness to review the use of AI in NRC-regulated activities as the nuclear industry has expressed interest in deploying AI applications. Based on feedback from the NRCs Data Science and AI Regulatory Applications Public Workshops, the nuclear industry could start deploying AI technologies in the near future and has already begun investigating, developing, and assessing how such technologies can be used. Licensing applications that include the use of AI technologies may be submitted to the NRC for review and approval in the next few years.

In fiscal year (FY) 2021, the NRC began actively coordinating within the agency and across the nuclear industry to better understand activities and plans for AI by (1) conducting an internal scan to ascertain the scope of existing NRC projects that may fall within the technical area of AI, (2) issuing a Federal Register (FR) notice to solicit feedback on the nuclear industrys AI readiness and applications, and (3) hosting a series of Data Science and AI Regulatory Applications Public Workshops to provide a forum for the NRC, nuclear industry, and relevant stakeholders to discuss the state of knowledge and research activities related to data science and AI and their application in the nuclear industry. In February 2022, the NRC issued NUREG/CR-7294, Exploring Advanced Computational Tools and Techniques with Artificial Intelligence and Machine Learning in Operating Nuclear Plants, documenting the current state of practice of AI tools in the nuclear industry. In July 2022, the NRC issued an FR notice to solicit feedback on the draft AI Strategic Plan. The staff used these insights in the development of this AI Strategic Plan. The NRC also reached out to the nuclear industry, U.S. Government agencies, nonprofit organizations, academia, international counterparts with mature or developing AI programs, and the public to gain valuable insights to inform the development of this AI Strategic Plan.

In order to achieve the objectives discussed in Strategic Goal 1, Ensure NRC Readiness for Regulatory Decision-Making, the NRC needs to first assess whether any regulations, regulatory guidance (e.g., regulatory guides or standard review plan sections) or inspection procedures need to be updated or created to clarify the process and procedure for the licensing and oversight of AI in NRC-regulated activities. The AI Strategic Plan focuses on a broad spectrum of AI sub-specialties (e.g., natural language processing, machine learning, deep learning, etc.)

which could encompass various algorithms and application examples which the NRC has not previously reviewed and evaluated.

3 OBJECTIVE The objective of this task order is to assess the applicability of the existing regulatory framework in considering the unique aspects of AI applications (e.g., explainability, trustworthiness, bias, robustness, ethics, security, risks) and determining where deficiencies may exist which could

31310023D0005/31310023F0062 Page 7 require updating existing or developing new regulations, guidance, or procedures to evaluate and review AI uses in NRC-regulated activities.

4 SCOPE OF WORK 4.1 Task 1: Kick-off Meeting The contractor shall participate in an online kick-off meeting with the Contracting Officers Representative (COR) and other NRC technical staff to discuss the scope of work, expectations, project management, deliverables, and performance requirements of the task order. The kick-off meeting shall be held via teleconference in consultation with the COR, within about 10 working days after task order award.

The contractor shall prepare a written summary of the meeting within 10 working days after the kick-off meeting that includes, at a minimum, the following information: (1) identification of meeting participants from the NRC and Contractor, (2) minutes of the meeting that clearly describe the substance of the meeting, and (3) any action items and decisions from the meeting.

4.2 Task 2: Letter Report Outline The contractor shall develop a detailed outline for a draft letter report for the final report. The outline shall cover information to be gathered in Tasks 3 through Task 5 and include what aspects of AI technologies are to be considered, the regulations and guidance documents to be covered by the review, a summary of the regulatory assessment, AI-specific regulatory consideration, and identification of gaps, if any are identified. Upon completion of the draft outline, the contractor shall consult with NRC staff to ensure the report will meet the needs for the completion of the project.

The letter report outline developed in this task will be considered to be a living document which may undergo revision based on activities undertaken in subsequent tasks. The outline developed in this task will serve to develop early alignment, in consultation with NRC staff, on the form and content of the final letter report. The contractor shall provide a draft outline for the final letter report to the NRC COR and TM as a deliverable for this task.

4.3 Task 3: AI-Specific Technology Considerations The contractor shall develop a summary of AI-specific technology attributes which may need to be considered in the regulatory gap analysis. These attributes should be detailed enough to understand what aspects of AI are under consideration, but high level enough to not focus on specific technologies, applications, or use cases. The table should include safety considerations on the use of AI technologies along with potential AI techniques that could be applied to regulated activities, such as regression, classification, computer vision, etc.

In order to ascertain where AI may be used in the existing regulatory requirements and if identified where it could be used, should any of the following attributes be considered and why:

• AI Lifecycle Phase Risk o Problem identification, supply chain, data acquisition, model development, model deployment, model performance

• Risk Types

31310023D0005/31310023F0062 Page 8 o Algorithmic, Data, Design, Equity, Ethics, Operational

• Trustworthy AI Characteristics o Valid & Reliable, Safe, Secure & Resilient, Explainable & Interpretable, Privacy-Enhanced, Fair, Accountable & Transparent Potential attributes, such as those mentioned above, will be utilized to categorize, discuss, and ultimately map a crosswalk of regulatory concerns in Task 6. This summary should be reviewed with NRC staff to make sure it sufficiently covers the needs of the statement of work and will inform the literature review performed under Task 4.

This task is not intended to be a detailed discussion of AI safety considerations or AI methods and techniques. NUREG/CR-7294, as well as the NRCs Data Science and AI Regulatory Applications Public Workshops[1]1, already provided a comprehensive introduction to the AI techniques, tools, and methods which might be utilized in the nuclear safety domain. Therefore, the contractor is not requested to provide any tutorial or background information on AI techniques, tools, and methods that are otherwise already available as part of the open literature, academic course material, or other primer on the technology. Instead, the focus should be on identifying potential pitfalls or consideration that are important from a regulatory perspective when utilizing the various AI techniques, tools, or methods. After receiving comments from the NRC COR, the contractor shall provide summary table of AI-specific technology attributes which may need to be considered in the regulatory applicability assessment to the NRC COR and TM as a deliverable for this task.

4.4 Task 4: Literature Review of Regulatory Requirements and Guidance The contractor shall perform a literature review of regulatory requirements and guidance documents to determine what documents may be applicable to AI technologies, or where AI technologies may be applied to a regulated activity. The literature review should be guided by the summary developed in Task 3. The literature review should cover Title 10 of the Code of Federal Regulations Parts 1-199, current regulatory guides and standard review plans, potential AI standards, etc. Section 5 of the statement of work provides additional documents that could be considered. If available AI standards are included in the literature review, comments on the maturity of those standards would be beneficial.

Areas of interest for the literature review include, but are not limited to:

1) regulations and guidance related to software quality assurance, testing, evaluation, verification, and validation of AI systems,

2) data requests and data collection from licensees,

3) inspection and maintenance activities,

4) aspects related to the life cycle of an AI application, etc.

The intent is to identify regulations and guidance where AI could be potentially applied to regulated activities, including operating reactors, fuel cycle, advanced reactors, decommissioning, materials, emergency planning, etc.

A summary of the findings from the literature will be created and will be submitted to the COR for NRC Staff review. This summary will include the documents reviewed and findings gathered

31310023D0005/31310023F0062 Page 9 during the review process. Periodic meetings may be scheduled during the performance of this task to review progress in addition to monthly progress reports (MLSR) meetings.

4.5 (OPTIONAL) Task 5: Regulatory Applicability Assessment The contractor shall develop a regulatory applicability determination table intended to provide a technology neutral gap analysis that will identify AI technology limitations in the reviewed regulations and regulatory guidance. Although the intent is to generally identify areas where the regulations and regulatory guidance do not adequately translate to capturing the metrics, criteria, or requirements when using AI technology, the gap analysis should be broad enough to accommodate the evolution and changes that may occur and should not focus on a single application, use case, or AI technology that would exclude its use for evolving designs and design concepts.

For all documents, regulations, or guidance collected as part of the literature review in Task 4, the contractor shall develop the applicability determination table considering the following information for each row in the table:

• Provide a basis for each applicability determination (e.g., fully applicable, partially applicable, or not applicable). Where a regulation is considered applicable or partially applicable the determination should be made whether the regulation is directly applicable as a legal requirement or whether the underlying principle or purpose of the requirement is applicable.

• Identify whether further design information is needed. If further technology information is needed briefly identify what that information is and whether technology implementation (e.g., machine learning technique, natural language processing model, etc.) options may affect the applicability determination.

• Identify areas where existing regulatory requirements and guidance do not adequately address safety and security aspects of the AI technology. For each area identified, briefly describe the appropriate potential changes to regulations and/or guidance.

The contractor shall develop the applicability assessment table with the following for each of the regulations or guidance documents collected:

1) unique item identifier,

2) a title or description,

3) the applicability of the items regulation or guidance,

4) whether the item constitutes a requirement or guidance,

5) whether additional AI-specific technology information is needed to satisfy the regulation or

guidance,

6) whether additional regulations or guidance are needed

7) the basis for the determination of applicability and/or relevant comments

8) item reference (e.g., document hyperlink, ADAMS accession number, website, etc.)

Some items collected as part of Task 4 may indicate activities that are administrative in nature or technology independent. These items may be denoted as excluded from review based on expert judgement with the corresponding rationale indicated as part of the basis for the determination of applicability and/or relevant comments.

The regulatory applicability determination table will be submitted to the COR for NRC Staff review. This table will include the characteristics outlined above for all items collected as part of

31310023D0005/31310023F0062 Page 10 the Task 4 literature review. Periodic meetings may be scheduled during the performance of this task to review progress, evaluate technical direction, and ensure consistent application of regulatory concerns with respect to AI uses in NRC-regulated activities.

4.6 (OPTIONAL) Task 6: Review of AI Standards The contractor shall survey non-nuclear industry AI standards, determine relevant or applicable AI standards that could be repurposed for NRC-regulated nuclear applications, and combine non-nuclear or nuclear relevant standards or seek new nuclear-specific AI standards through engagement with standard development organizations. The contractor shall provide a summary document of nuclear and non-nuclear industry AI standards which could be used for regulatory decision-making.

4.7 (OPTIONAL) Task 7: AI-Specific Regulatory Considerations The contractor shall develop a summary table identifying potential new or modified regulations or guidance necessary for review and evaluation of AI uses in NRC-regulated activities. This table shall provide additional detailed information to the applicability determination table developed in Task 5 regarding areas where there are potential needs for new or modified regulatory requirements or guidance.

The regulatory considerations table will be submitted to the COR for NRC Staff review. This table will include the characteristics outlined above for all items identified as applicable or partially applicable to AI uses as part of the Task 5 literature regulatory applicability assessment. Periodic meetings may be scheduled during the performance of this task to review progress, evaluate technical direction, and ensure consistent application of regulatory concerns with respect to AI uses in NRC-regulated activities.

4.8 (OPTIONAL) Task 8: Letter Report Draft The contractor shall develop a draft letter report using the reviewed letter report outline created in Task 2. The draft letter report will be of high, publication ready, quality. The completed draft letter report will be submitted to the COR for NRC staff review and revised upon receipt of NRC changes and comments.

4.9 (OPTIONAL) Task 8: Final Letter Report The contractor shall review NRC staff comments and incorporate appropriate changes to the draft letter report. The contractor shall finalize the report and the final deliverable shall be publication ready.

The final letter report should be prepared utilizing the NRC Editorial Style Guide (NUREG-1379, Revision 3) and in a technical report format following NUREG/CR publication guidance.

5 APPLICABLE DOCUMENTS AND STANDARDS Relevant AI-related legislation, strategic plans, or other federal guidelines are provided in the following:

1. 116th U.S. Congress, "H.R.6395 - National Defense Authorization Act for Fiscal Year 2021: National Artificial Intelligence Initiative Act of 2020," 2021. [Online]. Available:

https://www.congress.gov/bill/116th-congress/house-bill/6395/text.

31310023D0005/31310023F0062 Page 11

2. NRC, "Exploring Advanced Computational Tools and Techniques with Artificial Intelligence and Machine Learning in Operating Nuclear Plants," U.S. Nuclear Regulatory Commission, Washington, DC, NUREG/CR-7294, ML22042A662, https://www.nrc.gov/docs/ML2204/ML22042A662.pdf, 2022.

3. NRC, "Information Technology and Information Management Strategic Plan: Fiscal Years 2020-2024," U.S. Nuclear Regulatory Commission, Washington, DC, NUREG-1908, Vol. 4, ML19323D858, https://www.nrc.gov/docs/ML1932/ML19323D858.pdf, 2019.

4. OMB, "Guidance for Regulation of Artificial Intelligence Applications," Office of Management and Budget, Washington, DC, https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-06.pdf, 2020.

5. NIST, AI Risk Management Framework, Information Technology Laboratory, https://www.nist.gov/itl/ai-risk-management-framework, 2023.

NRC document collections that may be applicable to this work include, but are not limited to, the following which can be found on the NRC website:

1. NRC Regulations Title 10 of the Code of Federal Regulations (CFR), parts 1 through 199, https://www.nrc.gov/reading-rm/doc-collections/cfr/index.html, or https://www.nrc.gov/about-nrc/regulatory/rulemaking/access-regs.html

2. Regulatory Guides and Draft Regulatory Guides, Divisions 1 through 9, https://www.nrc.gov/reading-rm/doc-collections/reg-guides/index.html

3. Planned Rulemaking Activities, https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/ruleindex.html

4. Petitions for Rulemaking, https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/petitionindex.html

5. Rulemaking Dockets, https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/rulemaking-dockets/index.html

6. Generic Communications, https://www.nrc.gov/about-nrc/regulatory/gencomms.html

7. Part 53 - Risk Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors, https://www.nrc.gov/reactors/new-reactors/advanced/rulemaking-and-guidance/part-53.html

8. Interim Staff Guidance (ISG), https://www.nrc.gov/reading-rm/doc-collections/isg/index.html

9. Inspection Manual, Manual Chapters, https://www.nrc.gov/reading-rm/doc-collections/insp-manual/manual-chapter/index.html

10. Inspection Manual, Inspection Procedures, https://www.nrc.gov/reading-rm/doc-collections/insp-manual/inspection-procedure/index.html

11. Inspection Manual, Temporary Instruction, https://www.nrc.gov/reading-rm/doc-collections/insp-manual/temp-instructions/index.html

12. Inspection Manual, Technical Guidance, https://www.nrc.gov/reading-rm/doc-collections/insp-manual/technical-guidance/index.html

13. Inspection Manual, 10 CFR Guidance, https://www.nrc.gov/reading-rm/doc-collections/insp-manual/cfr-updates/index.html 6 DELIVERABLES AND DELIVERY SCHEDULE Task Number/Title Deliverable Due Date

31310023D0005/31310023F0062 Page 12 Task 1 - Kick-off Meeting A written summary of the kickoff meeting that includes, at a minimum, the following information:

(1) identification of meeting participants from the NRC and Contractor, (2) minutes of the meeting that clearly describe the substance of the meeting, and (3) any action items and decisions from the meeting.

Conduct meeting no later than (NLT) 14 calendar days after task order start date.

Deliver meeting summary NLT 14 days after kickoff meeting.

Task 2 - Letter Report Outline Detailed draft outline for the final letter report.

NLT 30 calendar days after the kickoff meeting.

Task 3 - AI-Specific Technology Considerations Summary of AI-specific technology attributes which may need to be considered in the regulatory applicability assessment.

NLT 30 calendar days after completing Task 2.

Task 4 - Literature Review of Regulatory Requirements and Guidance Summary highlighting documents reviewed during the literature review and a literature review of regulatory requirements and guidance documents to determine what documents may be applicable to AI technologies, or where AI technologies may be applied to a regulatory activity.

NLT 60 calendar days after completing Task 3.

Task 5 (OPTIONAL)

Regulatory Applicability Assessment Regulatory applicability determination table intended to provide a technology neutral gap analysis that will identify AI technology limitations in the reviewed regulations and regulatory guidance.

NLT 60 calendar days after completing Task 4 Task 6 (OPTIONAL) -

Review of AI Standards Summary document of nuclear and non-nuclear industry AI standards which could be used for regulatory decision-making.

As determined by COR and TM Task 7 (OPTIONAL)

AI-Specific Regulatory Considerations Summary table outlining potential new or modified regulations or guidance necessary for review and evaluation of AI uses in NRC-regulated activities.

NLT 60 calendar days after completing Task 5 Task 8 (OPTIONAL)

Letter Report Draft High quality, publication ready, draft letter report.

NLT 30 calendar days after completing Task 6 Task 9 (OPTIONAL)

Final Letter Report Final letter report.

NLT 14 calendar days after Monthly Letter Status Report (MLSR)

Monthly Letter Status Report (MLSR)

NLT 20th calendar day of the following Month 7 COORDINATION The tasks outlined in this statement of work involve coordination of activities with the NRC staff.

The NRC COR may issue technical instruction from time to time throughout the duration of this task. Technical instructions must be within the statement of work (SOW) delineated in this task and shall not constitute new assignments of work or changes of such a nature as to justify an adjustment in cost or period of performance. Any modifications to the scope of work, cost or period of performance of this task must be issued via modification by the NRC Contracting

31310023D0005/31310023F0062 Page 13 Officer.

8 REPORTING REQUIREMENTS - Monthly Letter Status Report (MLSR)

The Contractor shall provide a Monthly Letter Status Report in accordance with the base contract which consists of a technical progress report and financial status report by the 20th day of the following month. This report will be used by the Government to assess the adequacy of the resources proposed by the Contractor to accomplish the work contained in this SOW and provide status of Contractor progress in achieving activities and producing deliverables. The report shall include order summary information, work completed during the specified period, milestone schedule information, problem resolution, travel plans, and staff hour summary. If no work was performed during the prior month, the Contractor shall not prepare and submit an MLSR.

9 PERSONNEL QUALIFICATIONS Senior key staff shall have expertise and experience in Data Science, Modeling, and Artificial intelligence, and it is expected that staff performing supporting technical work will have skills and experience in the following areas:

Regulatory Analysis Nuclear Engineering Natural Language Processing Modeling and Simulation Mathematics and Statistics Machine Learning Data Visualization Data Science Data Modeling and Databases Computer Programming Artificial Intelligence The contractor shall also provide a Program Manager who shall be responsible for the performance of the work. The Program Manager shall have full authority to act for the contractor on all contract/order matters relating to daily operation of this order. The Program Manager shall have at a minimum, B.S. in science or engineering. The Program Manager shall also have significant experience with program or project management and NRC regulatory requirements.

The Program Manager will support all of the Tasks.

10 GOVERNMENT-FURNISHED PROPERTY In general, the COR will provide those NRC documents related to the tasks that are needed to perform the tasks that are not otherwise available to the contractor. The contractor will identify any additional NRC documentation that is needed, and the COR will determine whether it will be provided by NRC or can be obtained directly by the contractor from ADAMS, the NRC Public Document Room, or the NRC public Web site. Any materials, not available in public domain, furnished by the NRC must be returned to the NRC upon completion of the task, at the discretion of the COR.

11 PLACE OF PERFORMANCE

31310023D0005/31310023F0062 Page 14 The work to be performed under this task order shall be performed at the contractors site.

12 DATA RIGHTS The NRC shall have unlimited rights to and ownership of all deliverables provided under this contract/order, including reports, recommendations, briefings, work plans and all other deliverables. All documents and materials, to include the source codes of any software, produced under this contract/order are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written authorization from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. The definition of unlimited rights is contained in Federal Acquisition Regulation (FAR) 27.401, Definitions. FAR clause at FAR 52.227-14, Rights in Data-General, is included in the base contract and is therefore part of this task order.

13 TRAVEL No travel is anticipated for this requirement.

14 SECURITY The work expected under this task order is unclassified and not sensitive.

15 LICENSE FEE RECOVERABLE Work under this task order is not license fee recoverable.

[1] https://www.nrc.gov/public-involve/conference-symposia/data-science-ai-reg-workshops.html

31310023D0005/31310023F0062 Page 15 D - Packaging and Marking D.1 PACKAGING AND MARKING (a) The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

(b) On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

(c) Additional packaging and/or marking requirements are as follows: N/A.

D.2 BRANDING The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor must acknowledge that information in its documentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Regulatory Research, under Contract/order number 31310023D0005 / 31310023F0062.

31310023D0005/31310023F0062 Page 16 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.

31310023D0005/31310023F0062 Page 17 F - Deliveries or Performance F.1 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

a. Contracting Officers Representative (COR)

Refer to Section H.3 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

b. Contracting Officer (CO) (1 electronic copy)

(End of Clause)

F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)

This order shall commence on Date of Award and will expire on June 30, 2024.

31310023D0005/31310023F0062 Page 18 G - Contract Administration Data NRCAR Clauses Incorporated By Full Text G.1 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) - ALTERNATE I (OCT 1999)

(a) Total expenditure for travel may not exceed N/A (No travel anticipated) 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)

31310023D0005/31310023F0062 Page 20 (b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution.

The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate.

If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

(End of Clause)

H.3 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

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

NRC Primary COR:

Name:

Salman Haq Address:

U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 Phone:

301-415-1799 E-mail:

Salman.Haq@nrc.gov NRC Alternate COR:

Name:

Nazila Tehrani Address:

U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 Phone:

(301) 415-3684 E-mail:

Nazila.Tehrani@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:

31310023D0005/31310023F0062 Page 21 (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.

(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.

31310023D0005/31310023F0062 Page 22 (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 Act Systems of Records, all records (electronic or paper) which were created, compiled, obtained or maintained under the contract.

(End of Clause)

31310023D0005/31310023F0062 Page 23 I - Contract Clauses NRCAR Clauses Incorporated By Full Text I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)

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

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

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

(c) Work for others.

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

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

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

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

31310023D0005/31310023F0062 Page 24 (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.

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

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

(d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, that it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.

(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government.

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

(e) Access to and use of information.

31310023D0005/31310023F0062 Page 25 (1) If, in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:

(i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.

(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C.

Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.

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

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

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

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

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting

31310023D0005/31310023F0062 Page 26 or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.

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

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

(End of Clause)

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

(MAR 1989)

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

(End of clause)

I.3 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 the period of performance of the task order.

(End of clause)