ML23208A268
| ML23208A268 | |
| Person / Time | |
|---|---|
| Issue date: | 07/16/2023 |
| From: | Domonique Malone Acquisition Management Division |
| To: | |
| References | |
| 31310018D0016 | |
| Download: ML23208A268 (1) | |
Text
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 31310018D0016/P00001 2 126 NAME OF OFFEROR OR CONTRACTOR COPPER RIVER ENTERPRISE SERVICES LLC ITEM NO. SUPPL ES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F)
Summary:
Maximum Contract Value: (Base and All Options):$10,000,000 The purpose of this modification is the do the following:
- 1. Add section C.4.3 to the Statement of Work to incorporate the minimum conference room requirement.
- 2. Make revisions to the Statement of Work to the contract terms and conditions. See attachment one for the revised Price Schedule.
Period of Performance: 09/30/2018 to 09/29/2019 NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
SECTION B - Supplies or Services/Prices ........................................................................5 B.1 Brief Project Title and Work Description..................................................................5 B.2 Consideration and Obligation Indefinite-Quantity Contract..................................5 SECTION C - IDIQ BASE CONTRACT STATEMENT OF WORK ...................................6 C.1 Title of Project .....................................................................................................6 C.2 Background .........................................................................................................6 C.3 Objective .............................................................................................................6 C.4 Scope of Work/Tasks ..........................................................................................6 C.4.1 Requirements for all Conference Rooms .....................................................7 C.4.2 Standard Conference Rooms ......................................................................8 C.4.3 Requirements for Minimum Implementations of Conference Rooms .........11 C.4.4 Conference Room Maintenance ................................................................11 C.4.4.1 Standard and Minimal Conference Room Maintenance ..........................11 C.4.4.2 Complexity Conference Room Maintenance............................................13 C.4.4.3 Executive Conference Room Maintenance ..............................................13 C.4.5 Optional Accessories .................................................................................13 C.5 Post Task Order Award Reporting Requirements .............................................15 C.5.1 Room Design Report ......................................................................................15 C.5.2 Room Progress Report ...................................................................................16 C.5.3 Room Completion Report ...............................................................................16 C.5.4 Final Report ....................................................................................................17 C.6 List of Deliverables ............................................................................................17 C.6.1 Invoicing .............................................................................................................17 C.7 Required Materials, Facilities, Hardware/Software ...........................................18 C.8 Release of Publications.....................................................................................18 C.9 Place of Performance........................................................................................18 C.10 Recognized Holidays .....................................................................................19 C.11 Hours of Operation ........................................................................................19 C.12 Certification and License Requirements ........................................................19 C.13 Contractor Travel ...........................................................................................19 C.14 Section 508 - Electronic and Information Technology Standards.................19 SECTION D - Packaging and Marking ............................................................................20 D.1 BRANDING ...........................................................................................................20 D.2 PACKAGING AND MARKING ..............................................................................20 SECTION E - Inspection and Acceptance .......................................................................22 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)............................22 SECTION F - Deliveries or Performance.........................................................................23 F.1 PERIOD OF PERFORMANCE..............................................................................23 F.2 PLACE OF DELIVERY-REPORTS .......................................................................23 SECTION G - Contract Administration Data....................................................................24 G.1 ELECTRONIC PAYMENT (DEC 2017) ................................................................24 G.2 ORDERING PROCEDURES ................................................................................24 SECTION H - Special Contract Requirements ................................................................25 H.1 2052.204-70 SECURITY. (OCT 1999)..................................................................25 H.2 2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993) .................26 H.3 2052.215-71 PROJECT OFFICER AUTHORITY. (OCT 1999).............................27 3
H.4 2052.215-73 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (OCT 1999)..................................................................................................................29 H.5 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) -
ALTERNATE I (OCT 1999)..........................................................................................29 H.6 2052.216-72 TASK ORDER PROCEDURES. (OCT 1999) ..................................30 H.7 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS...................31 H.8 GREEN PURCHASING (SEP 2015 )....................................................................31 H.9 NRC INFORMATION TECHNOLOGY SECURITY...............................................32 H.10 SAFETY OF ON-SITE CONTRACTOR PERSONNEL .......................................33 H.11 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE........................33 H.12 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS ........34 H.13 CONTRACTOR ACQUIRED GOVERNMENT EQUIPMENT/PROPERTY.........35 H.14 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY .................................35 H.15 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL EXCEPTIONS (JUL 2016)...........................................................................................36 H.16 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (JUL 2016)c .......................................................37 H.17 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (SEP 2013)............................................................................................................................ 40 SECTION I - Contract Clauses ........................................................................................43 I.1 52.202-1 DEFINITIONS. (NOV 2013).....................................................................43 I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JUL 2018) ..........43 I.3 52.216-22 INDEFINITE QUANTITY. (OCT 1995) ..................................................51 I.4 52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984) ...................52 I.7 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999).....................................52 I.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000) .52 I.9 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS. (JAN 2017).......................53 I.10 52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS. (JAN 2017) .............53 I.11 52.219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 2017).........................54 I.12 52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014) ........................................55 I.14 52.228-16 Performance and Payment BondsOther Than Const. (Nov 2006) 61 I.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ...............62 SECTION J - List of Documents, Exhibits and Other Attachments .................................64 Page 4
SECTION B - Supplies or Services/Prices B.1 Brief Project Title and Work Description (a) The title of this project is: Audio/Visual NRC Conference Room Modernization (Skype meeting rooms).
(b) Summary work description: The Contractor will modernize existing NRC conference rooms which will result in improved audio and video collaboration across the NRC and with external meeting participants.
B.2 Consideration and Obligation Indefinite-Quantity Contract (a) The Contracting Officer will obligate funds on each task order issued.
(
(c) The maximum value of this contract is $10,000,000.
(d) The total firm-fixed-price will be negotiated for each resultant task order.
(End of Clause)
B.3 Indefinite Delivery Indefinite Quantity (IDIQ) Contract CLIN Pricing See attachment 1 for the pricing of the CLINS that will be utilized in each task order. The CLIN pricing may be negotiated further in each task order award based on the dimensions and layout of the specific conference room.
B.4 Order Type This is a single award IDIQ contract which enables the NRC to award task orders for the audio and visual modernization of conference rooms at the NRC. Task Orders issued against this contract will be Firm-Fixed-Price.
B.5 IDIQ Call Pricing The NRC will more specifically describe needs as they arise. Task Orders will serve as the principle element in the evaluation of the Contractors performance under this contract and the NRC will articulate essential deliverables and work products at the time of issuance. All task orders will be within the scope of the service areas described in the IDIQ scope of work located in Section C.
B.6 Funding No funding shall be obligated in this contract. Funding for services provided will be obligated in each Task Order.
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SECTION C - IDIQ BASE CONTRACT STATEMENT OF WORK C.1 Title of Project This is a non-personal services contract for audio/visual NRC Conference Room Modernization (Skype meeting rooms) within NRC facilities.
C.2 Background The U.S. Nuclear Regulatory Commission (NRC) is an independent Federal agency established by the Energy Reorganization Act of 1974 to regulate civilian use of nuclear materials. NRCs primary mission is to protect the public health and safety, and the environment from the effects of radiation from nuclear reactors, materials, and waste facilities. NRC also regulates these nuclear materials and facilities to promote the common defense and security. The agencys mission is supported by contracts with the business community for products and services that assist the agency in meeting its operational goals and objectives. The agency recognizes the importance of contract support and the vital role small businesses play in the economic well-being and security of the nation.
NRC has 6 locations, including a headquarters location, 4 regional offices, and a technical training center (TTC). The majority of meeting rooms at these locations do not have the needed equipment to support Skype for Business compatible audio/video collaboration. NRC users have Skype for Business at their workstations and a need exists for meeting rooms to have audio/video collaboration with NRC users and external meeting participants.
C.3 Objective The objective of this Indefinite Delivery Indefinite Quantity (IDIQ) contract is for a Contractor to modernize large, medium, small, and huddle conference rooms at the NRC. The modernization of these room includes providing the NRC with equipment and services that are a part of a total solution to provide and support audio/video collaboration capabilities within existing NRC meeting rooms. This also includes audio/visual broadcast and capture, compatibility with Skype for Business, and the installation of appropriate furniture and equipment. The modernized rooms will provide improved audio/video collaboration across the NRC and with external meeting participants.
C.4 Scope of Work/Tasks The contractor shall provide build-out and maintenance services for the audio/video collaboration capabilities that the NRC orders, which are compatible with Skype for Business. Build-out services may include, but not be limited to, audio/video collaboration room designs, specialized supporting furniture, and equipment acquisition, installation, integration, testing, and training. Maintenance services may include, but not be limited to, maintaining the proper operation of the installed audio/video collaboration equipment and capability across all NRC meeting rooms.
The contractor shall provide all resources necessary to perform the requirements described in this Statement of Work (SOW) and related Task Orders (TOs). The contractor shall provide the appropriate materials, equipment, furniture, and services required to establish audio/video collaboration capabilities within NRC meeting rooms.
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The size of meeting rooms varies, and the NRC may issue task orders under this contract for the following types of rooms:
Large conference rooms (31 - 60 participants)
Medium conference rooms (16 - 30 participants)
Small conference rooms (6 - 15 participants)
Huddle Room/Executive Office (1 - 5 participants)
The Contractor shall provide the COR with the appropriate information for network and VoIP connectivity.
The COR shall provide the Contractor with connectivity to the NRC network, VoIP, and provide system power as necessary.
If any delays are caused by the government, the COR shall review and determine the total time of delay and grant that time back to the Contractor so the Contractor will not be penalized for the governments delay.
For all rooms, installation of spaces will only commence after the NRC approves the design report, per room, at the task order level and at the direction of the COR.
Prior to installation the Contractor and the COR shall confirm in writing that all outstanding issues have been resolved.
The Contractor shall not order, configure or install equipment until directed by the COR.
C.4.1 Requirements for all Conference Rooms All NRC conference rooms shall have the following:
Control touch panel on each meeting table that has the following capabilities:
o Ability to see room reservation calendar in the existing NRC Microsoft Outlook platform.
o Ability to join Skype meetings scheduled for the room from the room calendar in the existing NRC Microsoft Outlook platform.
o Ability to adjust the volume of sound received in the room.
o Ability to mute the microphone such that sound in the room is not provided to the Skype session and unmute the microphone to allow room sound to be received as part of Skype session.
o Ability to turn the camera off and on.
o Ability to allow local and remote content sharing o Ability to invite individuals with exchange account to join session.
o Ability to call individuals using a telephone number.
o Ability to invite individuals to join the session using MS exchange entry.
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o Ability to accept or reject calls into the session.
Cabling o All cabling must be secured and must not present a tripping hazard.
o All cabling must be labeled.
o Power cabling shall not be visible, except where locations of government provided core drills do not align with the GFE table. When this misalignment occurs, the cables can be visible from the core drill to the table.
o Network cabling from the table to the walls shall not be visible.
o Network, HDMI, and any other cabling at the table shall auto-retract when not in use.
o Capability to connect a presentation device directly to the system via an HDMI cable.
o HDMI cable(s) or additional display interface cable(s) integrated into the table to allow any person at the table to use either type of cable.
Microphone o Noise canceling Microphone design/solution that accounts for all participants within the space.
o Ability to be muted using the touch panel.
Wall mounted video Camera.
Room Scheduling Panel located outside the conference room for scheduling purposes with the ability to see the room calendar located in Microsoft Outlook Voice over IP (VoIP) capable audioconferencing solution utilizing the NRC provided VoIP connection Standard Manufacturer Warranty - The Contractor shall activate all provided equipment warranties in the Owners name commencing on the date of acceptance/customer sign-off and will warrant all workmanship for one year from this date defined in each task order. In addition, all supplied equipment will be warranted for the Base Year of each task order.
C.4.2 Standard Conference Rooms In addition to the requirements for all NRC conference rooms, NRC standard conference rooms shall have the following:
The following are requirements for each NRC standard conference room size category:
Large Conference Rooms (31 - 60 participants)
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o Contractor will have fifteen (15) business days to complete the implementation of each space once installation has begun.
o A password-protected administrative page on the control panel to allow technical adjustments such as display brightness.
o Control touch panel shall have the ability to select pre-determined and/or set camera angle presets camera angle and display layouts/video wall presets.
o Control touch panel on each meeting table shall have the ability to manually pan, tilt, and zoom camera.
o Each room shall have ceiling mounted microphone array with noise cancelling to capture all individuals speaking, regardless of their location within the room.
o The video camera in each room shall have the ability to show the entire room or automatically frame speakers in the room using a room touch panel.
o Audio visual equipment cabinet, if equipment closet is not available The cabinet will be similar in finish as the table.
The cabinet shall be able to contain all room audio visual equipment.
The cabinet shall be located within the space to ensure ADA compliance and so the cabinet does not impede use of the room.
o Each room shall have at least two (2) wall mounted high definition monitors that are at least 70 inches each that are mounted side-by-side on one wall where the meeting participants can easily view them. At least one monitor shall show meeting participants, and at least one monitor shall show either the meeting room or shared content as configured by the control touch panel.
Medium Conference Rooms (16 - 30 participants) o Contractor will have ten (10) business days to complete the implementation of each space once installation has begun.
o A password-protected administrative page on the control panel to allow technical adjustments such as display brightness.
o Control touch panel shall have the ability to select pre-determined and/or set camera angle presets camera angle and display layouts/video wall presets.
o Control touch panel on each meeting table shall have the ability to manually pan, tilt, and zoom camera.
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o Each room shall have ceiling mounted microphone array with noise cancelling to capture all individuals speaking, regardless of their location within the room.
o The video camera in each room shall have the ability to show the entire room or automatically frame speakers in the room using a room touch panel.
o Audio visual equipment cabinet, if equipment closet is not available The cabinet will be similar in finish as the table.
The cabinet shall be able to contain all room audio visual equipment.
The cabinet shall be located within the space to ensure ADA compliance and so the cabinet does not impede use of the room.
o Each room shall have at least two (2) wall mounted high definition monitors that are at least 60 inches each that are mounted side-by-side on one wall where the meeting participants can easily view them. At least one monitor shall show meeting participants, and at least one monitor shall show either the meeting room or shared content as configured by the control touch panel.
Small Conference Rooms (6 - 15 participants) o Contractor will have seven (7) business days to complete the implementation of each space once installation has begun.
o A password-protected administrative page on the control panel to allow technical adjustments such as display brightness.
o Control touch panel shall have the ability to select pre-determined and/or set camera angle presets camera angle and display layouts/video wall presets.
o Control touch panel on each meeting table shall have the ability to manually pan, tilt, and zoom camera.
o Each room shall have ceiling mounted microphone array with noise cancelling to capture all individuals speaking, regardless of their location within the room.
o The video camera in each room shall have the ability to show the entire room or automatically frame speakers in the room using a room touch panel.
o Audio visual equipment cabinet, if equipment closet is not available The cabinet will be similar in finish as the table.
The cabinet shall be able to contain all room audio visual equipment.
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The cabinet shall be located within the space to ensure ADA compliance and so the cabinet does not impede use of the room.
o Each room shall have at least two (2) wall mounted high definition monitors that are at least 50 inches each that are mounted side-by-side on one wall where the meeting participants can easily view them. At least one monitor shall show meeting participants, and at least one monitor shall show either the meeting room or shared content as configured by the control touch panel.
Huddle Rooms/Executive Office (1 - 5 participants) o Contractor will have five (5) business days to complete the implementation of each space once installation has begun.
o Each room shall have at least a single monitor that is at least 60 inches o Each room shall have an All-In-One Conferencing solution capable of supporting Audio Teleconferencing and Video Teleconferencing C.4.3 Requirements for Minimum Implementations of Conference Rooms Minimum implementations of conference rooms (referred to subsequently as minimal conference rooms) provide minimum capabilities in all room sizes. In addition to the requirements for all conference rooms, each minimal conference room shall include at least the following:
Contractor will have five (5) business days to complete the implementation of each space once installation has begun.
Each room shall have a single monitor that is at least 70 inches.
Each room shall have an All-In-One Conferencing solution capable of supporting Audio Teleconferencing and Video Teleconferencing Each room shall have at least power outlets, retractable Ethernet cabling, and retractable HDMI cabling incorporated into the existing GFE table as described at the Task Order level.
C.4.4 Conference Room Maintenance The contractor shall offer the option to provide maintenance services for standard conference rooms, minimal conference rooms, complex conference rooms, and an executive maintenance option with enhanced coverage. The maintenance options shall include the base year and option years. Additionally, the maintenance shall cover NRC headquarters and all NRC facilities within the continental United States (CONUS).
C.4.4.1 Standard and Minimal Conference Room Maintenance The standard conference room maintenance shall include the following:
Online Service Web Portal o Trouble Ticket System Page 11
o Username and logins to report system issues, limited to three username and login credentials o Unlimited ticket submissions per user o System to monitor ticket resolution and escalation On-site service and unlimited phone support, during normal business hours Two preventative maintenance visits per contract year Assures rapid phone support with a service technician within two (2) business hours of initial call or service ticket On-site response within one (1) business day of remote diagnosis, based on room availability NRC is placed ahead of non-contract customers to the contractors One ad hoc four-hour training session at the request of the client Expedited freight Critical firmware and software updates as needed Controller programming changes are included only if required as a result of equipment replacement or software upgrades and/or updates. Post project sign-off requests to make changes to the custom user interface and system control programming based on end user preferences are not included in the maintenance.
All parts, equipment and labor associated with system malfunction is included (exceptions apply/excluding Customer Furnished Equipment).
Replacement parts & onsite labor within seven (7) calendar days at no additional cost (dependent on manufacturer availability).
Preventative Maintenance shall include the following:
Clean and test all system equipment Inspect all projectors and cameras for proper operation Clean and inspect all control user interfaces Perform complete control system check Where applicable, verify video storage and retrieval functions Provide firmware and software updates for equipment in the space Provide detailed report of any deficiencies and recommend corrective actions Page 12
Test all routing signals (audio, video, and computer video)
Document any aging of equipment that is nearing end of life Document any damages to equipment caused by outside factors Recommend equipment upgrades or system modifications Provide maintenance renewals and any re-certifications needed on existing equipment (excluding Customer Furnished Equipment)
C.4.4.2 Complexity Conference Room Maintenance The complexity upgrade to the standard conference room maintenance shall include all items listed in the standard conference room maintenance package plus additional maintenance to cover added optional items and/or capabilities as determined by the Contracting Officer Representative (COR).
C.4.4.3 Executive Conference Room Maintenance The executive upgrade to the standard conference room maintenance shall include all items listed in the standard conference room maintenance package plus the following:
Total system support 24 x 7 x 365 (compared to normal business hours).
Four preventative maintenance visits per contract year (compared to two per year).
On-site response within four (4) hours of remote diagnosis, based on room availability.
Assures rapid phone support with a service technician within one (1) business hours of initial call or service ticket (compared to two hours).
Two ad hoc four-hour training sessions at the request of the client (compared to one 4-hour session).
Onsite technical support for up to six (6) high level meetings, special events, etc.,
per contract year. A minimum of 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> advanced notice needed to allow scheduling of technical resources.
C.4.5 Optional Accessories A complexity upgrade to the standard conference room shall include optional accessories or additional features and/or capabilities to the standard conference room as determined by the COR. The following options shall be available for all conference rooms:
Contractor provided meeting table o The table shall accommodate approximately three-fourths of the room capacity.
o The table shall be powered with a sufficient number of power outlets as described at the Task Order level.
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o The table shall be networked with a sufficient number of Ethernet cabling as described at the Task Order level.
o The table shall integrate HDMI, with corresponding connections, to allow any person at the table to use either type of cable. Any additional display interface cabling shall be described at the Task Order level.
o The table shall be shaped such that the camera can view all individuals sitting at the table.
o The table shall include lockable storage areas capable of storing various adapters. The quantity shall be determined at the Task Order level.
Modification of GFE Table o The table shall be powered with a sufficient number of power outlets as described at the Task Order level.
o The table shall be networked with a sufficient number of Ethernet cabling as described at the Task Order level.
o The table shall integrate HDMI, with corresponding connections, to allow any person at the table to use either type of cable. Any additional display interface cabling shall be described at the Task Order level.
o The table shall be positioned such that the camera can view all individuals sitting at the table.
Noise cancelling microphone solution to account for each table occupant.
A speaker tracking camera solution that has the ability to automatically focus on the individual speaking. If the speaker is in the room, then the camera will automatically zoom in on the speaker (frame the speaker).
Additional lockable storage areas capable of storing various adapters for Ethernet connectivity (e.g., Ethernet to USB) or other equipment and/or materials.
Additional auxiliary monitors at other locations within the room to ensure all individuals in the meeting room can view both presenters and content.
Podium with integrated technologies such as touch panel, laptop connectivity, and microphone.
A network switch to increase the AV capacity to accommodate each room. At minimum, a core network switch shall be installed for each building in which a conference room is installed. This requirement does not include provided GFE switches to expand the number of NRC LAN connections in each room.
Provide all core drilling, power, backing, and network drops as necessary.
Provide over-the-floor raceway for spaces where core drilling will not, or cannot, be completed by NRC, the General Contractor or the AV Contractor. The over-Page 14
the-floor raceway shall provide a pathway for all connections to the meeting table.
C.5 Post Task Order Award Reporting Requirements C.5.1 Room Design Report The contractor shall provide a design report for each room for which the government has requested a solution. The report shall include at a minimum the following requirements:
Cost Schedule to order, configure, and install equipment Exact specifications for equipment to be used Any anticipated issues/limitations Any actions required by the Government (e.g. network connectivity, systems power, etc.)
Diagram(s) of the room showing the following:
o Table location and shape o Audio/Video cabinet location and shape o Location of required core drilling o Location of power drops and power requirements o Location of required LAN drops o Location and size of monitors, along with type of mount o Location of cameras along with type of mount o Location of room management equipment along with type of mount o Location of cabling o Location of touch panel o Location for each type of microphone o Location for lighting o Location of speakers o Location of all contractor provided devices not listed above.
o Connectivity/network diagram for all contractor provided devices and any applicable GFE provided devices used to provide the AV collaboration capability.
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C.5.2 Room Progress Report The contractor shall provide a room progress report daily starting with the first day of implementation until room completion. The progress report must include the following:
Any identified issues/limitations Any schedule changes or potential issues Room installation progress C.5.3 Room Completion Report The Contractor shall provide a room completion report within five (5) business days of room completion. The Government shall provide in writing acceptance or rejection of the Room Completion Report within five (5) business days of receipt. If the Government rejects the report, the Government shall provide written justification as to the reason of rejection. The acceptance of the Room Completion Report shall include the sign-off for the designated room. The report shall include at least the following information for each room:
Exact specifications for equipment used Diagram(s) of the room showing the following:
o Table location and shape o Location of core drilling o Location of power drops and power requirements o Location of LAN drops o Location and size of monitors, along with type of mount o Location of cameras, along with type of mount o Location of room management equipment along with type of mount o Location of cabling o Location of touch panel o Location for each type of microphone o Location of all contractor provided devices not listed above.
o Connectivity/network diagram for all contractor provided devices and any applicable GFE provided devices used to provide the AV collaboration capability.
User guides Federal Information Security Modernization Act (FISMA) and NRCs system authorization documentation.
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o System security plan o Final inventory information o Cybersecurity roles o System build procedures o As-built system design o As-built system configuration o Ports, protocols, functions, and services o Standard Operating Procedures (SOPs) o Contingency/recovery plans o Equipment vendor support details o Deviations from required controls C.5.4 Final Report The contractor shall provide a final report 30 calendar days prior to contract expiration summarizing the work performed and the results and conclusions under this contract.
C.6 List of Deliverables Section # Deliverable Due Date Format Submit to C.5.1 Room 1 Room Within 10 business Electronic Word COR Options Options days of the request and Visio Report Report document C.5.2 Room 2 Room Daily, after Email COR Progress Progress implementation Report Report begins until room completion C.5.3 Room 3 Room Within 5 business Electronic Word COR Completion Completion days of room and Visio Report Report completion document C.5.4 Final 4 Final 30 days prior to Electronic Word COR Report Report contract expiration document C.6.1 Invoicing The Contractor will adhere to the following invoicing structure under each of the Task Orders issued under this contract. At the Task Order level, and based on each specific project schedule, invoicing will be broken into the following milestones; Milestone 1: Equipment Invoiced - 100% Equipment per Space o Equipment Delivered to Contractors Warehouse and Proof of Purchase/Delivery provided to the client Page 17
Milestone 2: Implementation, Functional Testing & Training - 100% per space o Invoicing for the Implementation, Functional Testing & Training will occur after the Room Completion Report is signed by the COR, beneficial use of the system is confirmed, and full testing is completed.
All invoices will be submitted as Firm Fixed Price and have NET 30 Terms.
C.7 Required Materials, Facilities, Hardware/Software The contractor shall provide the following materials, facilities, hardware, or software required for this contract/order for each room as required by the Task Order Contracting Officer Representative:
Table(s)
Cabinet(s)
Room touch panel Video cameras Microphones Speakers Hardware and software to manage the room system video and audio collaboration capabilities Required cables to enable the room system Monitors for display Required wall and ceiling mounts Instructions for using the room system C.8 Release of Publications Any documents generated by the contractor under this contract/order shall not be released for publication or dissemination without prior written approval from the Contracting Officer (CO) and the Contracting Officer Representative (COR).
C.9 Place of Performance The work to be performed under this contract/order will be primarily performed at the contractors facility for defining the solution and at the NRC facility for installation and setup.
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C.10 Recognized Holidays Contractor personnel shall not be required to perform onsite on the Federal holidays identified below. Contractor personnel shall comply with their companys policies and procedures regarding their work status on these days.
New Years Day Labor Day Martin Luther King Jr.s Birthday Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day C.11 Hours of Operation The contractor shall provide required support on business days during normal business hours except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.
C.12 Certification and License Requirements The contractor shall perform all TOs according to current building code requirements by all applicable jurisdictions. The contractor is responsible for ensuring that its employees assigned to this contract possess and maintain the proper professional certifications and/or licenses, to include a master electrician for any electrical work to be performed.
C.13 Contractor Travel The contractor will be expected to travel to an NRC region or the technical training center if NRC selects a room at that location. Duration of the travel will match the timeframe for installation associated with the size of the room selected.
Contractor will be authorized and reimbursed for travel expenses consistent with FAR 31.205-46 and the limitation of funds specified in the travel line item of this contract/order. All travel requires prior written Government approval from the CO, unless otherwise delegated to the COR.
C.14 Section 508 - Electronic and Information Technology Standards 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 information technology accessibility standards for the federal government. Section 508(a)(1) requires that when federal departments or agencies develop, procure, maintain, or use Electronic and Information Technology (EIT), they shall ensure that the EIT allows federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by other Federal employees. The Section 508 requirement also applies to members of the public seeking information or services from a federal department or agency. Section 508 text is available at http://www.opm.gov/HTML/508-textOfLaw.htm or http://www.section508.gov/
The following standards are applicable to this contract/order Subpart B - Technical Standards Software Applications and Operating Systems (1194.21)
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Web-based Intranet and Internet Information and Applications (1194.22)
Telecommunications Products (1194.23)
Video and Multimedia Products (1194.24)
Self-Contained, Closed Products (1194.25)
Desktop and Portable Computers (1194.26)
Subpart C - Functional Performance Criteria Functional Performance Criteria (1194.31)
Subpart D - Information, Documentation, and Support Information, Documentation, and Support (1194.41)
EIT purchased under this contract/order must be accessible to persons with disabilities, unless otherwise stipulated in the contract/order. Any product replacements contemplated under this contract/order must be equally as 508 compliant as (or more compliant than) the original product purchased. Additionally, the Government reserves the right to conduct hands-on testing to validate contractor 508 compliance claims.
A Voluntary Product Accessibility Template (VPAT) shall be provided along with EIT deliverables submitted to the Government, if available.
C.15 Trade Agreements Act (TAA)
All IT equipment provided by the Contractor in task orders issued against this IDIQ shall be TAA Compliant in accordance with FAR Clause 52.225-5.
SECTION D - Packaging and Marking D.1 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 the Chief Information Officer, under 31310018D0016.
(End of Clause)
D.2 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.
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(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: To be provided in each task order if applicable.
End of Clause)
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SECTION 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:
To be provide in each task order.
(End of Clause)
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SECTION F - Deliveries or Performance F.1 PERIOD OF PERFORMANCE This contract shall commence on September 30, 2018 and will expire on September 29, 2019.
Option Year 1: September 30, 2019 - September 29, 2020 Option Year 2: September 30, 2020 - September 29, 2021 Option Year 3: September 30, 2021 - September 29 2022 Option Year 4: September 30, 2022 - September 29, 2023 (End of Clause)
F.2 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
- b. Contracting Officers Representative (COR)
- c. U.S. Nuclear Regulatory Commission
- d. Address: N/A
- f. (List names and email addresses)
- g. Name: Domonique Malone
- h. Contracting Officer (CO)
- i. U.S. Nuclear Regulatory Commission
- j. Address: N/A (End of Clause)
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SECTION G - Contract Administration Data G.1 ELECTRONIC PAYMENT (DEC 2017)
The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled Payment by Electronic Funds Transfer-System for Award Management.
To receive payment, the contractor shall prepare invoices in accordance with NRCs Billing Instructions. Claims shall be submitted through the Invoice Processing Platform (IPP) (https://www.ipp.gov/). Back up documentation shall be included as required by the NRCs Billing Instructions.
(End of Clause)
G.2 ORDERING PROCEDURES (a) The CO is the only individual who can legally obligate funds and commit the NRC.
(b) All task orders and delivery orders shall be prepared in accordance with FAR 16.505.
(c) In accordance with FAR 16.506(b), the following ordering limitations apply:
Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
Maximum order. The Contractor is not obligated to honor (1) Any order for a single item in excess of $9,000,000; (2) Any order for a combination of items in excess of $9,000,000 or (3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
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 2 days after issuance, with written notice stating the Contractors intent not to ship the item (or items) called for and the reasons.
(End of Clause)
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SECTION H - Special Contract Requirements H.1 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 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.
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(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.)
(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.2 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 Page 26
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.3 2052.215-71 PROJECT OFFICER AUTHORITY. (OCT 1999)
(a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:
Address: U.S. Nuclear Regulatory Commission Three White Flint North 3WFN/ 03 C48 11601 Landsdown Street North Bethesda, MD 20852 Performance of the work under this contract is subject to the technical direction of the NRC project officer. 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 or changes to specific travel identified in the Statement of Work), fills in details, or otherwise serves to accomplish the contractual statement of work.
(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, approve 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 project officer 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.
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(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 project officer or must be confirmed by the project officer 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 project officer in the manner prescribed by this clause and within the project officer's authority under the provisions of this clause.
(f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one of the categories 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 that 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 project officer 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 to the instruction or direction is subject to 52.233 Disputes.
(i) In addition to providing technical direction as defined in paragraph (b) of the section, the project officer 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.
(End of Clause)
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H.4 2052.215-73 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (OCT 1999)
(a) All offerors will be notified of their exclusion from the competitive range in accordance with FAR 15.503(a)(1). Under the requirements of FAR 15.503(a)(2), preliminary notification will be provided before award for small business set-aside procurements on negotiated procurements. The contracting officer shall provide written postaward notice to each unsuccessful offeror in accordance with FAR 15.503(b).
(b) The contracting officer is the only individual who can legally 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 authorized by the contracting officer, NRC technical personnel may not issue contract modifications, give informal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually. Informal contractual commitments include:
(1) Encouraging a potential contractor to incur costs before 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.
(End of Clause)
H.5 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) -
ALTERNATE I (OCT 1999)
(a) Total expenditure for travel may not exceed _TBD in each Task Order 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 Page 29
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)
H.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.
(7) Bonding Requirements if applicable.
(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.
(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 Page 30
(6) Total task order amount including any fixed fee.
(End of Clause)
H.7 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 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.
(End of Clause)
H.8 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.
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(c) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order.
(End of Clause)
H.9 NRC INFORMATION TECHNOLOGY SECURITY 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 (3) the course completion date.
The MLSR must also include the following information for those individuals who have not completed their required training:
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(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.
(End of Clause)
H.10 SAFETY OF ON-SITE CONTRACTOR PERSONNEL Ensuring the safety of occupants of Federal buildings is a responsibility shared by the professionals implementing our security and safety programs and the persons being protected. The NRC's Office of Administration (ADM) Division of Facilities and Security (DFS) has coordinated an Occupant Emergency Plan (OEP) for NRC Headquarters buildings with local authorities. The OEP has been approved by the Montgomery County Fire and Rescue Service. It is designed to improve building occupants' chances of survival, minimize damage to property, and promptly account for building occupants when necessary.
The contractor's Project Director shall ensure that all personnel working full time on-site at NRC Headquarters read the NRC's OEP, provided electronically on the NRC Intranet at http://www.internal.nrc.gov/ADM/OEP.pdf. The contractor's Project Director also shall emphasize to each staff member that they are to be familiar with and guided by the OEP, as well as by instructions given by emergency response personnel in situations which pose an immediate health or safety threat to building occupants.
The NRC Contracting Officers Representative (COR) shall ensure that the contractor's Project Director has communicated the requirement for on-site contractor staff to follow the guidance in the OEP. The NRC Contracting Officers Representative (COR) also will assist in accounting for on-site contract persons in the event of a major emergency (e.g.,
explosion occurs and casualties or injuries are suspected) during which a full evacuation will be required, including the assembly and accountability of occupants. The NRC DFS will conduct drills periodically to train occupants and assess these procedures.
(End of Clause)
H.11 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.
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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 http://www.internal.nrc.gov/CSO/documents/ROB.pdf or use NRCs external Web-based ADAMS at http://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box).
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 http://www.internal.nrc.gov/CSO/documents/ROB_Ack.pdf or use NRCs external Web-based ADAMS at http://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box).
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.
(End of Clause)
H.12 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information,"
normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared []. Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.
The Contracting Officer will transmit the NRC Contracting Officers Representatives (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.
Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for Page 34
source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.
The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information, to the contractor's Project Manager for their records as soon as practicable after it has been finalized. The completed evaluation report also will be used as a tool to improve communications between the NRC and the contractor and to improve contract performance.
The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of the report already.
(End of Clause)
H.13 CONTRACTOR ACQUIRED GOVERNMENT EQUIPMENT/PROPERTY (a) The Contractor is authorized to acquire and/or fabricate the equipment/property listed below for use in the performance of this contract.
- 1. To be provided in each Task Order.
(b) In the event that, during contract performance, the contractor determines that the acquisition cost for the above item(s) is expected to exceed the amount(s) contained in the contractor's proposal, the contractor shall refer to the Limitation of Cost or Funds Clause when either is included in the contract.
(c) Only the equipment/property listed above, in the quantities shown, will be acquired by the contractor unless the contractor receives written authorization and approval from the contracting officer for the purchase of additional equipment/property. The above listed items are subject to FAR 52.245 Government Property.
(End of Clause)
H.14 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY (a) The NRC will provide the contractor with the following items for use under this contract:
- 1. GFE/GFP items to be provided in each Task Order.
Include an asterisk (*) if the item also applies to paragraph (b) below.
(b) The equipment/property listed below is hereby transferred from contract/agreement number N/A to contract/agreement number N/A:
- 1. Not Applicable Page 35
(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.
(End of Clause)
H.15 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 (CNSS) policy, directives, instructions, and guidance. This information is available at the following links:
All procurements must be certified and accredited prior to being placed into an operational state.
All electronic processing of NRC sensitive information, including all system development and operations and maintenance activities performed at non-NRC facilities shall be in facilities, networks, and computers that have been accredited by NRC for processing information at the highest sensitivity of the information that is processed or will ultimately be processed.
All systems used to process NRC sensitive information shall meet NRC configuration standards available at: http://www.internal.nrc.gov/CSO/standards.html.
Exceptions to or deviations from MD 12.5 may be granted by the NRC DAA, except for those areas in which the responsibility or authority is vested solely with the EDO or ADM and cannot be delegated, or for matters specifically required by law, Executive Order, or directive to be referred to other management officials. For national security systems, nothing in MD 12.5 shall supersede any authority of the DNI, NSA, Secretary of Defense, or other agency head, as authorized by law and as directed by the President, with regard to the operation, control, or management of national security systems.
Nothing in this directive or handbook shall supersede any requirement made by or under the Atomic Energy Act of 1954. Restricted data or formerly restricted data shall be handled, protected, classified, downgraded, and declassified in conformity with the Atomic Energy Act of 1954.
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(End of Clause)
H.16 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (JUL 2016)c IT Level 1 is required for Contractor personnel who needs access to any sensitive information, configuring or implementing devices that touch the NRC network, need elevated NRC accounts, and access to NRC email.
IT Level 2 is required to have an NRC email account, but sensitive information cannot be disseminated to an IT Level 2 personnel nor can an IT Level 2 person configure any devices on the network.
Building level access is required for Contractor personnel who do not need access to sensitive information, configuring devices, or email access, but requires physical access to the NRC buildings.
The contractor must identify all individuals selected to work under this contract. The NRC Contracting Officers Representative (COR) shall make the final determination of the level, if any, of IT access approval required for all individuals working under this contract/order using the following guidance. The Government shall have full and complete control and discretion over granting, denying, withholding, or terminating IT access approvals for contractor personnel performing work under this contract/order.
The contractor shall conduct a preliminary security interview or review for each employee requiring IT level I or II access and submit to the Government only the names of candidates that have a reasonable probability of obtaining the level of IT access approval for which the employee has been proposed. The contractor shall pre-screen its applicants for 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 courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7) years.
The contractor shall make a written record of its pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (e)), and have the employee verify the pre-screening record or review, sign and date it. The contractor shall supply two (2) copies of the signed contractor's pre-screening record or review to the NRC Contracting Officers Representative (COR), who will then provide them to the NRC Office of Administration, Division of Facilities and Security, Personnel Security Branch with the employees completed IT access application package.
The contractor shall further ensure that its personnel complete all IT access approval security applications required by this clause within fourteen (14) calendar days of notification by the NRC Contracting Officers Representative (COR) of initiation of the application process. Timely receipt of properly completed records of the pre-screening record and IT access approval applications (submitted for candidates that have a reasonable probability of obtaining the level of security assurance necessary for access to NRC's IT systems/data) is a requirement of this contract/order. Failure of the Page 37
contractor to comply with this requirement may be a basis to terminate the contract/order for cause, or to offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the contractor.
SECURITY REQUIREMENTS FOR IT LEVEL I Performance under this contract/order will involve contractor personnel who perform services requiring direct access to or operation of agency sensitive information technology systems or data (IT Level I). The IT Level I involves responsibility for: (a) the planning, direction, and implementation of a computer security program; (b) major responsibility for the direction, planning, and design of a computer system, including hardware and software; (c) the capability 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; or (d) the capability to realize a significant personal gain from computer access.
Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officers Representative (COR). Temporary IT access may be approved by DFS/PSB based on a favorable review or adjudication of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably review or adjudication of a completed background investigation. However, temporary access authorization approval will be revoked and the employee may subsequently be denied IT access in the event the employees investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officers Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor shall assign another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When an individual receives final IT access approval from DFS/PSB, the individual will be subject to a reinvestigation every ten (10) years thereafter (assuming continuous performance under contracts/orders at NRC) or more frequently in the event of noncontinuous performance under contracts/orders at NRC.
CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record, and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the individual being authorized to perform work under this contract/order requiring access to sensitive information technology systems or data.
Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level I access. The Contractor shall submit the documents to the NRC Contracting Officers Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB review of the contractor employees security Page 38
forms and/or the receipt of adverse information by NRC, the contractor individual may be denied access to NRC facilities and sensitive information technology systems or data until a final determination is made by DFS/PSB. The contractor individuals clearance status will thereafter be communicated to the contractor by the NRC Contracting Officers Representative (COR) regarding the contractor persons eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level I contractors shall be subject to the attached NRC Form 187 and SF-86. Together, these furnish the basis for providing security requirements to contractors that have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems, remote development and/or analysis of sensitive information technology systems or data, or other access to such systems and data; access on a continuing basis (in excess more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.
SECURITY REQUIREMENTS FOR IT LEVEL II Performance under this contract/order will involve contractor personnel that develop and/or analyze sensitive information technology systems or data or otherwise have access to such systems or data (IT Level II).
The IT Level II involves responsibility for the planning, design, operation, or maintenance of a computer system and all other computer or IT positions.
Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officers Representative (COR). Temporary access may be approved by DFS/PSB based on a favorable review of their security forms and checks.
Final IT access may be approved by DFS/PSB based on a favorably adjudication.
However, temporary access authorization approval will be revoked and the contractor employee may subsequently be denied IT access in the event the employee's investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officers Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor is responsible for assigning another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When a contractor employee receives final IT access approval from DFS/PSB, the individual will be subject to a review or reinvestigation every ten (10) years (assuming continuous performance under contract/order at NRC) or more frequently in the event of noncontinuous performance under contract/order at NRC.
CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the contractor employee being authorized to perform work under this contract/order. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Page 39
Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level II access. The Contractor shall submit the documents to the NRC Contracting Officers Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB review of the contractor employees security forms and/or the receipt of adverse information by NRC, the contractor employee may be denied access to NRC facilities, sensitive information technology systems or data until a final determination is made by DFS/PSB regarding the contractor persons eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to the attached NRC Form 187, SF-86, and contractor's record of the pre-screening. Together, these furnish the basis for providing security requirements to contractors that have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems, remote development and/or analysis of sensitive information technology systems or data, or other access to such systems or data; access on a continuing basis (in excess of more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.
CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notify the NRC Contracting Officers Representative (COR) by telephone so that the access review may be promptly discontinued. The notification shall contain the full name of the contractor employee and the date of the request. Telephone notifications must be promptly confirmed by the contractor in writing to the NRC Contracting Officers Representative (COR), who will forward the confirmation to DFS/PSB. Additionally, the contractor shall immediately notify the NRC Contracting Officers Representative (COR) in writing, who will in turn notify DFS/PSB, when a contractor employee no longer requires access to NRC sensitive automated information technology systems or data, including the voluntary or involuntary separation of employment of a contractor employee who has been approved for or is being processed for IT access.
The contractor shall flow the requirements of this clause down into all subcontracts and agreements with consultants for work that requires them to access NRC IT resources.
(End of Clause)
H.17 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (SEP 2013)
The Contractor shall ensure that all its employees, subcontractor employees or consultants who are assigned to perform the work herein for contract performance for periods of more than 30 calendar days at NRC facilities, are approved by the NRC for unescorted NRC building access.
The Contractor shall conduct a preliminary federal facilities security screening interview or review for each of its employees, subcontractor employees, and consultants and submit to the NRC only the names of candidates for contract performance that have a reasonable probability of obtaining approval necessary for access to NRC's federal facilities. The Contractor shall pre-screen its applicants for the following:
Page 40
(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of any military courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7) years.
The Contractor shall make a written record of its pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (e)), and have the applicant verify the pre-screening record or review, sign and date it. Two (2) copies of the pre-screening signed record or review shall be supplied to the Division of Facilities and Security, Personnel Security Branch (DFS/PSB) with the Contractor employee's completed building access application package.
The Contractor shall further ensure that its employees, any subcontractor employees and consultants complete all building access security applications required by this clause within fourteen (14) calendar days of notification by DFS/PSB of initiation of the application process. Timely receipt of properly completed records of the Contractor's signed pre-screening record or review and building access security applications (submitted for candidates that have a reasonable probability of obtaining the level of access authorization necessary for access to NRC's facilities) is a contract requirement.
Failure of the Contractor to comply with this contract administration requirement may be a basis to cancel the award, or terminate the contract for default, or offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the Contractor. In the event of cancellation or termination, the NRC may select another firm for contract award.
A Contractor, subcontractor employee or consultant shall not have access to NRC facilities until he/she is approved by DFS/PSB. Temporary access may be approved based on a favorable NRC review and discretionary determination of their building access security forms. Final building access will be approved based on favorably adjudicated checks by the Government. However, temporary access approval will be revoked and the Contractor's employee may subsequently be denied access in the event the employee's investigation cannot be favorably determined by the NRC. Such employee will not be authorized to work under any NRC contract requiring building access without the approval of DFS/PSB. When an individual receives final access, the individual will be subject to a review or reinvestigation every five (5) or ten (10) years, depending on their job responsibilities at the NRC.
The Government shall have and exercise full and complete control and discretion over granting, denying, withholding, or terminating building access approvals for individuals performing work under this contract. Individuals performing work under this contract at NRC facilities for a period of more than 30 calendar days shall be required to complete and submit to the Contractor representative an acceptable OPM Standard Form 85 (Questionnaire for Non-Sensitive Positions), and two (2) FD 258 (Fingerprint Charts).
Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than five (5) years residency in the U.S. will not be approved for building access. The Contractor shall Page 41
submit the documents to the NRC Contracting Officers Representative (COR) who will give them to DFS/PSB.
DFS/PSB may, among other things, grant or deny temporary unescorted building access approval to an individual based upon its review of the information contained in the OPM Standard Form 85 and the Contractor's pre-screening record. Also, in the exercise of its authority, the Government may, among other things, grant or deny permanent building access approval based on the results of its review or investigation. This submittal requirement also applies to the officers of the firm who, for any reason, may visit the NRC work sites for an extended period of time during the term of the contract. In the event that DFS/PSB are unable to grant a temporary or permanent building access approval, to any individual performing work under this contract, the Contractor is responsible for assigning another individual to perform the necessary function without any delay in the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. The Contractor is responsible for informing those affected by this procedure of the required building access approval process (i.e.,
temporary and permanent determinations), and the possibility that individuals may be required to wait until permanent building access approvals are granted before beginning work in NRC's buildings.
CANCELLATION OR TERMINATION OF BUILDING ACCESS/ REQUEST The Contractor shall immediately notify the COR when a Contractor or subcontractor employee or consultant's need for NRC building access approval is withdrawn or the need by the Contractor employee's for building access terminates. The COR will immediately notify DFS/PSB (via e-mail) when a Contractor employee no longer requires building access. The Contractor shall be required to return any NRC issued badges to the COR for return to DFS/FSB (Facilities Security Branch) within three (3) days after their termination.
(End of Clause)
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SECTION I - Contract Clauses I.1 52.202-1 DEFINITIONS. (NOV 2013)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-(a) The solicitation, or amended solicitation, provides a different definition; (b) The contracting parties agree to a different definition; (c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
(End of clause)
I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JUL 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)
(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
Page 43
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C.
2402).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) (Reserved)
[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016)
(Pub. L. 111-117, section 743 of Div. C).
[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).
[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).
[ ] (10) (Reserved)
[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[ ] (ii) Alternate I (NOV 2011) of 52.219-3.
[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (ii) Alternate I (JAN 2011) of 52.219-4.
[ ] (13) (Reserved)
[ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011)
(15 U.S.C. 644).
[ ] (ii) Alternate I (NOV 2011).
[ ] (iii) Alternate II (NOV 2011).
Page 44
[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).
[ ] (ii) Alternate I (OCT 1995) of 52.219-7.
[ ] (iii) Alternate II (MAR 2004) of 52.219-7.
[ ] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).
[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (NOV 2016) of 52.219-9.
[ ] (iii) Alternate II (NOV 2016) of 52.219-9.
[ ] (iv) Alternate III (NOV 2016) of 52.219-9.
[ ] (v) Alternate IV (NOV 2016) of 52.219-9.
[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C.
644(r)).
[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C.
637(a)(14)).
[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999)
(15 U.S.C. 637(d)(4)(F)(i)).
[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
[ ] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).
[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).
[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).
[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).
[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
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[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O.
12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C.
6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[X](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[X] (38)(i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (OCT 2015) of 52.223-13.
[X] (39)(i) 52.223-14, Acquisition of EPEAT-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (JUN 2014) of 52.223-14.
[ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
[ ] (41)(i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
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[ ](ii) Alternate I (JUN 2014) of 52.223-16.
[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
[X] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[X] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[ ] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (ii) Alternate I (JAN 2017) of 52.224-3.
[ ] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).
[ ] (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C.
2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I (MAY 2014) of 52.225-3.
[ ] (iii) Alternate II (MAY 2014) of 52.225-3.
[ ] (iv) Alternate III (MAY 2014) of 52.225-3.
[X] (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[ ] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008)
(E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[ ] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[ ] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
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[X] (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ] (58) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
[ ] (59)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.
2631).
[ ] (ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c),
applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
[ ] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014)
(E.O. 13495).
[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
[ ] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C.
chapter 67).
[X] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[X] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
[ ] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
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[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
[ ] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c),
and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
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(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (NOV 2016)
(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014)
(E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(xiii) [ ] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C.
chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
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(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.
O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
I.3 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, 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.
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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 [insert date].
(End of clause)
I.4 52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984)
(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding the guaranteed maximum value provided in Section B.
(b) The maximum amount for which the Government shall be liable if this contract is terminated is the guaranteed minimum provided in Section B.
(End of clause)
I.5 52.217-6 OPTION FOR INCREASED QUANTITY. (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 6 months. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of clause)
I.6 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 6 months of contract or task order award. 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.7 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 up to the date of contract/task order expiration.
(End of clause)
I.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)
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(a) The Government may extend the term of this contract by written notice to the Contractor within 3 days before contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 3 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 5 years 6 months.
(End of clause)
I.9 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS. (JAN 2017)
The Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.
(c) Except for novation agreements, delegates to the [insert name of contracting agency] the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the U.S. Nuclear Regulatory Commission shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.
(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the U.S. Nuclear Regulatory Commission.
(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the Disputes clause of said subcontract.
(f) To notify the U.S. Nuclear Regulatory Commission Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.
(End of clause)
I.10 52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS. (JAN 2017)
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(a) The Small Business Administration (SBA) has entered into Contract No.
31310018D0016 with the U.S Nuclear Regulatory Commission to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
(b) The Copper River Enterprise Services, hereafter referred to as the subcontractor, agrees and acknowledges as follows:
(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. 31310018D0016 for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the U.S. Nuclear Regulatory Commission with complete authority to take any action on behalf of the Government under the conditions of this subcontract.
(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the U.S Nuclear Regulatory Commission .
(4) That it will notify the U.S Nuclear Regulatory Commission Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the U.S. Nuclear Regulatory Commission.
(End of clause)
I.11 52.219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 2017)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Applicability. This clause applies only to--
(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants; (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and (3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-Page 54
(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.
(End of clause)
I.12 52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014)
(a) Definitions. As used in this clause-Computer database or database means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.
Computer software- (1) Means (i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.
(2) Does not include computer databases or computer software documentation.
Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.
Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
Form, fit, and function data means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For Page 55
computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.
Limited rights means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.
Limited rights data means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.
Restricted computer software means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.
Restricted rights, as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.
Technical data, means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases. (See 41 U.S.C. 116).
Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.
(b) Allocation of rights. (1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in-(i) Data first produced in the performance of this contract; (ii) Form, fit, and function data delivered under this contract; (iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and (iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.
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(2) The Contractor shall have the right to-(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause; (ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause; (iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and (iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.
(c) Copyright- (1) Data first produced in the performance of this contract. (i)
Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract.
(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number).
(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government.
(2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor-(i) Identifies the data; and Page 57
(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.
(3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.
(d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except-(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations);
(2) As expressly set forth in this contract; or (3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer.
(e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C.
4703, the following procedures shall apply prior to canceling or ignoring the markings.
(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.
(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such Page 58
written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.
(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder.
(3) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract.
(f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data.
(2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. The Contracting Officer may agree to do so if the Contractor-(i) Identifies the data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the proposed notice is authorized; and (iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice.
Page 59
(3) If data has been marked with an incorrect notice, the Contracting Officer may-(i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or (ii) Correct any incorrect notices.
(g) Protection of limited rights data and restricted computer software. (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall-(i) Identify the data being withheld; and (ii) Furnish form, fit, and function data instead.
(2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software.
(3) (Reserved)
(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer.
(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government.
(End of clause)
I.13 52.228-11 Pledges of Assets (Aug 2018)
Pledges of Assets (a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond (1) Pledge of assets; and (2) Standard Form 28, Affidavit of Individual Surety.
(b) Pledges of assets from each person acting as an individual surety shall be in the form of (1) Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or other assets described in FAR 28.203-2 (except see 28.203-2(b)(2) with respect to Government securities held in book entry form); and/or (2) A recorded lien on real estate. The offeror will be required to provide (i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of Page 60
the United States Department of Justice Title Standards at https://www.justice.gov/enrd/page/file/922431/download. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203-3(d);
(ii) Evidence of the amount due under any encumbrance shown in the evidence of title; (iii) A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6 months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Foundation.
(End of clause)
I.14 52.228-16 Performance and Payment BondsOther Than Construction (Nov 2006)
Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of specific CLINs based on the specific requirements of that Task Order and a payment bond (Standard Form 1416) in an amount equal to 25 percent of the specific CLINS. The CLINS that are part of this contract, and require bonding if executed at the task order level are the following:
CLIN Description Qty. Unit Extended 00031 NRC Standard Large Conference Room Lighting Upgrade 1 $0.00 $0.00 00032 NRC Standard Medium Conference Room Lighting Upgrade 1 $0.00 $0.00 00033 NRC Standard Small Conference Room Lighting Upgrade 1 $0.00 $0.00 NRC Standard Huddle Room/Executive Office Lighting 00034 Upgrade 1 $0.00 $0.00 NRC Standard Conference Room Core Drilling, Power, 00046 Backing and Network Drop Upgrade 1 $0.00 $0.00 It should also be noted that, in rare instances based on the requirements specific to that Task Order, the following CLIN could also have a bonding requirement:
00036 NRC Standard Conference Room Complexity Upgrade 1 $0.00 $0.00 (c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, before starting work.
Page 61
(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.
(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the:
U.S. Department of the Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.
Or via the internet at http://www.fms.treas.gov/c570/.
(End of clause)
I.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): http://farsite.hill.af.mil/vmfara.htm .
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (JAN 2017) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT.
(SEP 2006) 52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014) 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014) 52.232-25 PROMPT PAYMENT. (JAN 2017) 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT. (JUL 2013) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (NOV 2017) 52.222-50 COMBATING TRAFFICKING IN PERSONS. (MAR 2015)
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52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. (AUG 2011)
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SECTION J - List of Documents, Exhibits and Other Attachments Attachment Title Date Number 1 IDIQ Pricing Schedule August 14, 2018 Davis-Bacon Act, Prevailing Wage 2 September 7, 2018 Determination 3 Bonding Form - SF25-16a 4 Bonding Form - SF1418-99a&b Billing Instructions - Fixed-Fixed-Price 5
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