ML23272A175

From kanterella
Jump to navigation Jump to search
Task Order No. 31310023F0143 Under Contract No. 31310023D0004
ML23272A175
Person / Time
Issue date: 09/25/2023
From: Rasmey Robinson
Acquisition Management Division
To: Maldonado P
Southwest Research Institute
References
31310023D0004
Download: ML23272A175 (1)
v • d • e


Text

ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE - CONTINUATION 2 MPORTANT: Mark all packages and papers with contract and/or order numbers.

DATE OF ORDER CONTRACT NO. ORDER NO.

09/25/2023 31310023D0004 31310023F0143 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY ORDERED PRICE ACCEPTED (a) (b) (c) (d) (e) (f) (g)

CONTRACTOR ACCEPTANCE OF TASK ORDER NO.

31310023F0143 Acceptance of Task Order No. 31310023F0143 under contract No. 31310023D0004 should be made by having an official, authorized to bind your organization, execute two copies of this document in the space provided and return one copy to the Contracting Officer.

You should retain the other copy for your records.

Accepted Task Order No. 31310023F0143 under Contract No. 31310023D0004:

Signature Name Title Date Task Order Base and All Options: $2,558,103 Task Order Exercised Amount:

Task Order Obligation Amount:

Period of Performance: 11/01/2023 to 03/29/2025 TOTAL CARR ED FORWARD TO 1ST PAGE (ITEM 17(H)) $0.00 AUTHORIZED FOR LOCAL REPODUCTION OPTIONAL FORM 348 (Rev. 4/2006)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.213(f)

31310023D0004/31310023F0143 B - Supplies or Services/Prices .....................................................................................................4 B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION (AUG 2011) ..................................4 B.2 CONSIDERATION AND OBLIGATIONCOST-PLUS-FIXED-FEE ALTERNATE I (AUG 2023) .........................................................................................................................................4 B.3 PRICE/COST SCHEDULE..................................................................................................5 C - Description/Specifications .......................................................................................................6 C.1 STATEMENT OF WORK ....................................................................................................6 D - Packaging and Marking .........................................................................................................21 D.1 PACKAGING AND MARKING ..........................................................................................21 D.2 BRANDING .......................................................................................................................21 E - Inspection and Acceptance....................................................................................................22 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)........................................22 F - Deliveries or Performance .....................................................................................................23 F.1 PLACE OF DELIVERY-REPORTS ...................................................................................23 F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)...........................23 G - Contract Administration Data ................................................................................................24 G.1 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) -

ALTERNATE I (OCT 1999) .....................................................................................................24 H - Special Contract Requirements.............................................................................................25 H.1 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS ......................25 H.2 2052.215-70 KEY PERSONNEL. (JAN 1993) ..................................................................25 H.3 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

.................................................................................................................................................26 I - Contract Clauses.....................................................................................................................29 I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993) .......................................................................................................................................29 I.2 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999).................................................32 I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000) .............32 Page 3

31310023D0004/31310023F0143 B - Supplies or Services/Prices B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION (AUG 2011)

(a) The title of this project is: Technical Assistance for Review of the U.S. Department of Energys Non-High Level Waste Determinations (b) Summary work description:

The overall objective of this task order is to seek technical expertise from the Center for Nuclear Waste Regulatory Analyses to assist the U.S. Nuclear Regulatory Commission (NRC) in meeting its statutory responsibilities under the National Defense Authorization Act of Fiscal Year 2005. This technical assistance will support NRCs consultation [Section 3116(a)] and monitoring [Section 3116(b)] responsibilities. For the purpose of this task order, these responsibilities, as listed below, are defined as four (4) separate task areas:

Task Area 1 - Reactive Support Related to U.S. Department of Energy Non-High Level Waste Determinations Task Area 2 - Enhancements to the Biosphere Model (BDOSE) and Related Work Task Area 3 - Experimental Analyses of Cementitious Waste Forms to Support Non-High Level Waste Determinations Task Area 4 - Other Work to Support Non-High Level Waste Determinations, and Related Performance Assessment Reviews B.2 CONSIDERATION AND OBLIGATIONCOST-PLUS-FIXED-FEE ALTERNATE I (AUG 2023)

(a) The base and all option(s) value (total contract value) is: $2,558,103 of which the sum of represents the estimated reimbursable costs, and of which represents the fixed- fee.

(b) The base and exercised option(s) value is of which the sum of represents the estimated reimbursable costs, and of which represents the fixed- fee.

(c) There shall be no adjustment in the amount of the Contractor's fixed fee.

(d) The amount currently obligated by the Government with respect to this contract is of which the sum of represents the estimated reimbursable costs, and of which represents the fixed- fee.

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

(f) In accordance with FAR 52.216 Fixed Fee, it is the policy of the NRC to withhold payment of fee after payment of 85 percent of the fee has been paid in order to protect the Governments interest. The amount of fixed-fee withheld from the contractor will not exceed 15 percent of the total fee or $100,000, whichever is less. Accordingly, the maximum amount of fixed-fee that may be held in reserve is (f) There shall be no adjustment in the amount of the Contractor's fixed fee.

Page 4

31310023D0004/31310023F0143 C - Description/Specifications C.1 STATEMENT OF WORK

1. PROJECT TITLE Technical Assistance for Review of the U.S. Department of Energys Non-High Level Waste Determinations
2. BACKGROUND Under Section 3116(a) of the Ronald W. Reagan National Defense Authorization Act of Fiscal Year 2005 (NDAA), the U. S. Department of Energy (DOE), in consultation with the U. S.

Nuclear Regulatory Commission (NRC), conducts waste determinations for the Savannah River Site (SRS) and Idaho National Laboratory (INL) sites. The NDAA, in Section 3116(a), provides criteria for DOE to determine whether certain waste resulting from the reprocessing of spent nuclear fuel is not high-level waste. Section 3116(b) of the NDAA stipulates that the NRC monitor disposal actions taken by the DOE pursuant to subparagraphs (A) and (B) of subsection (a)(3) of Section 3116 of the NDAA for the purpose of assessing compliance with the performance objectives (POs) in Subpart C of Title 10 of Code of Federal Regulations (CFR)

Part 61.

The NRC staff uses a risk-informed, performance-based approach to reviewing waste determinations submitted by DOE for compliance with the NDAA criteria. One of the NDAA criteria is that the POs in 10 CFR Part 61, Subpart C, must be met. The POs include (i) protection of the general population from releases of radioactivity, (ii) protection of individuals from inadvertent intrusion, (iii) protection of individuals during operations, and (iv) stability of the disposal site after closure. A performance assessment (PA) is used to support DOEs demonstration of compliance with the POs and is typically submitted with the waste determination for review by NRC staff.

Section 3116(b) of the NDAA also provides details with respect to NRCs responsibilities with respect to monitoring DOE disposal actions. The NDAA provides that NRC coordinate with affected states (i.e., the states of South Carolina and Idaho) to monitor DOE disposal actions for the purpose of assessing compliance with the Part 61 POs. NRC monitoring activities are also risk-informed and performance based reflecting risk insights gained from review of waste determination documentation to determine those features of the disposal system most important to meeting the POs. NRC staff performs technical reviews and onsite observations to ensure DOE has provided sufficient support for assumptions regarding the performance of engineered and natural system barriers relied on to limit or mitigate releases of radioactivity into the environment. Monitoring activities will also include review of site environmental monitoring data and radiation records to assess compliance with 10 CFR 61.43 requirements for protection of individual during operations; and may include monitoring placement of cementitious waste forms, and construction and maintenance of engineered barriers (e.g., infiltration and erosion controls) to assess compliance with 10 CFR 61.44 stability requirements. Under Section 3116 (b)(2) of the NDAA, if the Commission considers any disposal actions taken by the DOE pursuant to subparagraphs (A) and (B) of subsection (a)(3) to be not in compliance with the performance objectives stipulated in those subparagraphs, the Commission shall, as soon as practicable after discovery of the noncompliant conditions, inform the DOE, the covered State, and several Congressional committees.

Page 6

31310023D0004/31310023F0143 Since 2007, the Center for Nuclear Waste Regulatory Analyses (CNWRA) has assisted NRC staff with fulfilling its consultative and monitoring responsibilities under the NDAA. For example, CNWRA staff issued a comprehensive report entitled Review of Literature and Assessment of Factors Relevant to Performance of Grouted Systems for Radioactive Waste Disposal, in April 2009 which consolidated tasks related to cementitious material performance, including a literature review on solubility, diffusion coefficients, and sorption parameters. Early studies to estimate the longevity of reducing conditions were also published in 2009.

Following the initial literature review and modeling effort work related to cementitious materials performance, CNWRA constructed tank grout monoliths to study the performance of cementitious waste forms used to isolate and limit release of radioactive waste into the environment. Special emphasis was placed on the formation of preferential pathways through the grout monoliths, which could act as conduits for fluid flow, as well as by-pass pathways around the tank grout that serve as a chemical barrier to waste release. CNWRA also performed column tests to study the leaching behavior of Tc from a saltstone waste form.

Saltstone is a cementitious waste form used at the SRS to isolate the low-activity fraction of salt waste removed from the high-level waste tanks.

More recently, CNWRA has designed and implemented experiments to study (1) groundwater conditioning of reducing tank grout, and (2) to study the hydraulic performance and leaching behavior of saltstone waste forms focusing on Technetium-99 and Iodine-129 release. These multi-year experiments are ongoing and current work is focused on new grout formulations proposed by DOE for the saltstone disposal facility (SDF).

In addition to the work on cementitious materials, CNWRA also developed a biosphere model (BDOSE) to assist NRC staff with development of independent tools to evaluate DOE non-high-level waste determination and associated PAs using the Goldsim modeling platform. Over the years, BDose has been updated to include new parameter sets and a radon basement model.

Additionally, sensitivity analysis has been performed.

3. OBJECTIVE The overall objective of this task order is to seek technical expertise from the CNWRA to assist the NRC in meeting its statutory responsibilities under the NDAA. This technical assistance will support NRCs consultation [Section 3116(a)] and monitoring [Section 3116(b)] responsibilities.

For the purpose of this task order, these responsibilities, as listed below, are defined as four (4) separate task areas under Section 4.0 - SCOPE OF WORK AND DELIVERABLES:

Task Area 1 -Reactive Support Related to DOE Non-High Level Waste Determinations Task Area 2 - Enhancements to the Biosphere Model (BDOSE) and Related Work Task Area 3 - Experimental Analyses of Cementitious Waste Forms to Support Non-High Level Waste Determinations Task Area 4 - Other Work to Support Non-High Level Waste Determinations, and Related PA Reviews

4. SCOPE OF WORK AND DELIVERABLES The Contractor shall perform the below tasks during the base and option periods. CNWRA Page 7

31310023D0004/31310023F0143 should submit deliverables to the NRC technical lead and COR via e-mail, or via a shared drive or system (e.g., BOX) with an e-mail notification of the availability of the information on the shared drive.

4.1 TASK AREA 1 - REACTIVE SUPPORT RELATED TO DOE NON-HIGH LEVEL WASTE DETERMINATIONS Technical assistance required under this Task Area 1 is identified as subtasks below and are driven by DOEs activities and priorities.

4.1.a Subtask 1 - Consultation on Waste Determinations The CNWRA shall provide technical support for work that includes but is not limited to the following: development of requests for additional information (RAIs); review of DOE responses to RAIs; and development of portions of a technical evaluation report (e.g., evaluation input for geochemical modeling, near- and far-field flow and transport modeling, and engineered barrier performance) related to reviews of waste determinations and supporting PAs for disposal facilities at SRS and INL. This may include assistance with review of a waste determination for retrieval of calcine waste from a calcine bin set at the INL Idaho Nuclear Technology and Engineering Center (INTEC).

4.1.b Subtask 2 - Monitoring Disposal Actions The CNWRA shall provide technical assistance to support NRCs monitoring responsibilities under the NDAA, including the following activities: (1) the development and review of NRC monitoring plans and periodic reports; (2) coordination with the States of Idaho and South Carolina on monitoring; (3) participation in on-site observation visits during operations and post-closure (e.g., observation of engineered barrier construction and maintenance, sampling, and field and laboratory experiments); and (4) technical reviews (e.g., reviews of waste release documentation, radiation records, and environmental monitoring data).

SRS Tank Farm Facilities NRC documented the results of its consultative review of the F-Tank Farm Facility (FTF) in a Technical Evaluation Report published in October 2011. NRC began monitoring FTF disposal actions in April 2012 following DOEs issuance of the FTF waste determination in March 2012.

NRC issued a monitoring plan for FTF in January 2013. NRC documented the results of its consultative review of the H-Tank Farm Facility (HTF) in a Technical Evaluation Report published in June 2014. NRC began monitoring the HTF after DOE issued the final waste determination in December 2014. NRC revised the FTF monitoring plan to include HTF in a combined SRS Tank Farm monitoring plan monitoring plan issued in October 2015. CNWRA staffed assisted with preparation of several technical review reports most notably technical reviews related to evaluation of groundwater monitoring data and grouting of Tanks 16H and 12H at the HTF since the combined SRS Tank Farm monitoring plan was issued in 2015.

DOE plans to update its FTF and HTF PAs in FY2024. CNWRA shall provide technical assistance to NRC staff in review of the updated PAs and supporting technical reviews particularly in the areas of geochemical modeling and engineered barrier performance.

Page 8

31310023D0004/31310023F0143 Saltstone Disposal Facility (SDF)

NRC staff issued a technical evaluation report in April 2012 and revised its SDF monitoring plan in September 2013. DOE prepared and updated the SDF PA. CNWRA assisted NRC with review of geomembrane and other engineered cover component performance and potential degradation mechanisms associated with the revised PA in a technical review report published in September 2021. CNWRA also provided a technical review related to iodine uptake in 2021 to support its biosphere TRR. CNWRA shall provide technical assistance to NRC staff with additional technical reviews (e.g., engineered cover performance) to support NRC monitoring responsibilities for the SDF.

INL INTEC Tank Farm Facility (TFF)

NRC documented the results of its consultative review of INL INTEC TFF in a Technical Evaluation Report published in October 2006. NRC began monitoring INL INTEC TFF disposal actions following DOEs issuance of the INL INTEC TFF waste determination in November 2006. NRC issued a monitoring plan for INTEC TFF in April 2007. INL INTEC TFF plans to process waste from the four remaining tanks in pending testing of the integrated waste treatment unit (IWTU). NRC will monitor DOE Idaho activities for the INL INTEC TFF as they occur.

Dependent on the progress of DOE disposal actions at the TFFs and SDF, CNWRA support may be needed. Technical assistance in the preparation of inputs to technical review reports or technical evaluation reports prepared by NRC staff to support its monitoring role may be requested. CNWRA support may also include providing technical expertise, on one or more onsite observations.

4.1.c Deliverable Schedule DELIVERABLE DESCRIPTION DUE DATE Given the reactive nature of the assigned tasks, the deliverables related to Subtask 1 Consultation on Waste Determinations Deliverable due date (e.g., (RAIs, review of DOE responses to 1 commensurate with NRC RAIs, and technical evaluation inputs) will staff review schedule.

be provided directly to the technical lead and COR.

Given the reactive nature of the assigned tasks, the deliverables related to Subtask 1 Consultation on Waste Determinations (e.g., (development and review of NRC Deliverable due date 2 monitoring plans; participation in on-site commensurate with NRC observation visits; and technical reviews of staff review schedule.

DOE submittals) will be provided directly to the technical lead and COR.

Page 9

31310023D0004/31310023F0143 4..2 TASK AREA 2 - ENHANCEMENTS TO THE BIOSPHERE MODEL AND RELATED WORK The overall objective of this Task Area 2 is to provide NRC staff with an independent tool to evaluate DOE PAs to support waste determination reviews under the NDAA. In FY 2007, CNWRA staff developed a biosphere dose model (BDOSE, Version 1.0) to be used in reviewing non-high-level waste determinations. Sensitivity analyses were conducted, and an updated default parameter set was later developed along with an updated Users Manual. More recently, CNWRA incorporated a radon basement model in BDose. CNWRA developed a draft BDose Model and Users Manual addressing NRC comments on the draft plan in FY2021. An updated Users Manual and BDose model were developed and delivered to NRC in FY2022. The final products addressed NRC comments on the draft deliverables.

After NRC staff has further tested the radon basement model on real projects, NRC may require (as requested by the COR) additional improvements to the radon basement model or technical assistance may be required with making additional improvements to the code, including fixing any code errors or bugs, and ensuring the Section 508 conformance of the code and the model documentation. Code revisions may be documented in a revised Users Manual and a new version of BDose issued.

Note: The contractor shall not be responsible for the Section 508 conformance of the functionality and features of the GoldSim product components of the model. However, the contractor shall do their best to code and document the model in a way that maximizes Section 508 conformance, within GoldSim product constraints and consistent with the functional requirements of the model.

Prior to making any code improvements to BDose, the CNWRA should provide NRC with a detailed plan and cost estimate.

4.2.a Delivery Schedule DELIVERABLE DESCRIPTION DUE DATE Revised (Draft) BDose Version with To be identified upon 1 Model, Users Manual, and accessibility request for revision documentation Revised (Final) BDose Version with 20 weeks after receipt of Model, Users Manual, and accessibility 2 NRC comments on the draft documentation, addressing NRC model and Users Manual comments 4.3 TASK AREA 3 - EXPERIMENTAL ANALYSES OF CEMENTITIOUS WASTE FORMS TO SUPPORT NON-HIGH LEVEL WASTE DETERMINATIONS The overall objective of this Task Area 3 is for the CNWRA staff to perform independent analyses with which to evaluate DOE non-high-level waste determinations and supporting Pas Page 10

31310023D0004/31310023F0143 in the identified areas associated with cementitious waste forms. Independent analyses could include review of the literature related to engineered barrier performance, PA modeling (e.g.,

geochemical or flow and transport modeling), and laboratory and field experiments to corroborate PA modeling and parameterization.

Specifically, under Subtask 1 of this Task Area 3, the CNWRA staff shall continue to evaluate the potential for by-passing, along preferential pathways, cementitious waste forms used for the isolation and containment of radioactive wastes and the extent of groundwater conditioning of reducing tank grouts, as applicable (e.g., the hydraulic and chemical performance of grouted waste tanks). Under Subtask 2, the CNWRA shall conduct additional modeling and/or laboratory work to study potential waste release/mechanisms from grouted waste forms.

4.3.a Subtask 1 - Tank Grout Hydraulic and Chemical Performance Early Subtask 1 work was focused on evaluating the potential for fast pathways that may bypass reducing tank grout which is relied on to keep certain key radionuclides in low solubility form. Meso-scale specimens and an intermediate-scale cementitious grout monolith test bed were constructed at SwRI facilities in San Antonio, Texas, as an analog to grouted tanks and vaults at the NDAA sites. Tank grout and steel liner bonding was studied, as was the flow behavior of meteoric water through the system (e.g., along seams between grout lifts and along shrinkage gaps associated with in-tank components such as cooling coils).

In more recent years, CNWRA conducted experimental work to evaluate the extent of conditioning of groundwater flowing through or around reducing tank grout used to fill the tanks and vaults including both column and batch experiments with monolithic, and cubed or crushed tank grout, respectively.

Due to the COVID-19 health emergency, limited laboratory work was conducted from 2020 to 2022.

CNWRA may be requested to re-initiate the groundwater conditioning experimental work and investigate the impact of key variables such as grout block size, slag grade, and other factors on the results. As directed by the COR, the CNWRA staff may also perform other experimental work including but not limited to the following:

Perform geochemical modeling to help explain results or design experiments Study Cracking or Fracturing Behavior of Cementitious Waste Forms Conduct Lysimeter Studies Evaluate Influence of Grout Drop Height on Grout Performance Prepare peer-reviewed manuscript of presentations/papers for professional conferences 4.3.b Subtask 2 - Waste Release from Grouted Waste Forms Saltstone is a chemically reducing cementitious waste form used by the U.S. Department of Energy (DOE) to dispose of low-activity salt solutions arising from high-level radioactive waste tank closure activities at the Savannah River Site (SRS). A key safety function of saltstone is Page 11

31310023D0004/31310023F0143 maintaining a low-flow, chemically reducing environment that will attenuate the release of redox-sensitive radioelements. Saltstone also provides a physical barrier due to its low intrinsic permeability, which limits both water and oxygen ingress. Subtask 2 has been focused on investigating the characteristics and maintenance of reducing conditions in the saltstone waste form, as well as its hydraulic performance. Column experiments were conducted to study the chemical evolution of a simulated saltstone waste form and the release of redox-sensitive radionuclides such as Tc-99.

More recent dynamic flow-through tests to evaluate the early release of technetium (Tc) from fresh saltstone waste forms used a Hassler-type core-holder permeameter system to facilitate accelerated flow of simulated SRS groundwater through an intact cylinder of salt-stone spiked with Tc-99. Tests with Grade 100 and then Grade 120 granulated blast-furnace slag (GBFS) were conducted with different curing times. Saturated hydraulic conductivity Ksat values were measured, as well as Tc-99 effluent concentrations. Variability in hydraulic conductivity and Tc solubility has been observed. The variability in Tc-99 concentrations may be related to the residence time of groundwater in the saltstone specimen. The COVID-19 pandemic made it difficult to perform experiments in the last few years, although new specimens have been prepared with a new saltstone formulation being proposed by DOE and testing and maintenance of equipment is ongoing to prepare for leaching experiments in FY2024 and beyond as authorized by the COR. In addition to Tc-99, I-129 leaching behavior is also being studied in these experiments.

In general, key outputs from any experimental work conducted under this subtask remain the same and include information on constituent release rates and associated parameters (e.g., hydraulic conductivity, diffusion coefficients and solubility limits), expected chemical transitions over time, and the applicability of various waste release models to various waste disposal systems evaluated by NRC staff under the NDAA.

CNWRA assistance may be needed for additional experiments and studies that include but are not limited to the following:

Test new saltstone grout formulation with a higher GBFS content, replacing portland cement, to increase the longevity of reducing conditions in the saltstone waste form.

Conduct additional testing to study the impact of ground blast furnace slag (slag) particle size, slag grade, curing time, residence time and other parameters of interest on Tc and I leaching rates.

Study correlation of reductive capacity and other key parameters on retention of redox-sensitive radionuclides.

Study the potential for re-reduction of released constituents in the saltstone waste form.

Perform sequential extractions of key constituents (Tc) from spent, extruded columns.

Characterize mineralogy, extent of carbonation, and potential association of key constituents to calcium carbonate. XRD (x-ray diffraction) and SEM/EDS (scanning electron microscopy and energy dispersive dispersive x-ray spectroscopy) analyses were performed in FY2023 and will continue to be performed as needed.

Page 12

31310023D0004/31310023F0143 Perform literature reviews and leaching experiments conducted on actual high-level waste tank samples.

Fit data collected from executed experiments to model, or otherwise, perform modeling to help design future experiments.

Perform geochemical modeling to verify or benchmark solubility calculations and chemical transition times in DOE PA models.

Prepare peer-reviewed manuscript or presentations/papers for professional conferences.

NRC and the CNWRA staff will continue to meet to discuss progress on experiments and prioritization of potential follow-up work as results are obtained. The CNWRA shall provide a design plan for any agreed upon experiments and submit to NRC for informal review. The CNWRA staff shall keep NRC apprised of the status of the experiments, modeling, or follow-up work at appropriate points in the project to ensure that the tasking objectives and schedule are met.

4.3.c Deliverable Schedule DELIVERABLE DUE DATE To be determined upon identification of experimental Subtask 1 Technical Report (draft) work 6 weeks after delivery of NRC Subtask 1 Technical Report (final) comments on draft report Subtask 2 Saltstone Leaching Experimental March 30, 2024 Report (draft) 6 weeks after delivery of NRC Subtask 2 Saltstone Leaching Experimental comments on draft report Report (final)

To be determined upon Subtask 2 Additional Saltstone Leaching identification of additional Draft Experimental Report(s) (draft) Saltstone Leaching Experiments 6 weeks after delivery of NRC Subtask 2 Additional Saltstone Leaching comments on draft report Experimental Report(s) (final) 4.4 TASK AREA 4 - OTHER WORK TO SUPPORT NON-HIGH LEVEL WASTE DETERMINATION, AND RELATED PA REVIEWS Task 4 work will support non-high level waste determination and related PA reviews. Tasks will be focused on obtaining additional support for PA model assumptions and parameters (e.g.,

assumed infiltration rates, natural system attenuation, or aquifer dilution). The NRC will modify the statement of work to describe the specific effort(s) required and deliverables (e.g.

Page 13

31310023D0004/31310023F0143 technical report).

5. REPORTING REQUIREMENTS Submittals for all task deliverables shall be submitted via electronic mail with electronic attachments consistent with the word processor in use at the NRC or in portable document format (i.e., *.pdf), or via a BOX set up by the NRC as appropriate to the NRC COR and technical lead. The contractor shall also provide one paper copy of each deliverable to the cognizant NRC COR and technical lead upon request. Reports on any assessment by the contractor shall be in letter report form.

Monthly Letter Status Report (MLSR)

The contractor shall provide a Monthly Letter Status Report (MLSR) per Section C.4 of the Base Contract. If no work was performed during the prior month, the contractor shall not prepare and submit an MLSR. The MLSR shall be provided electronically to the COR and the Contracting Officer (CO) by the 20th calendar day of the following month.

6. PERSONNEL QUALIFICATIONS Key Personnel will be limited to the Project Manager, if they contribute substantively to the task order, and the Principal Investigator(s). No more than one-third of the Key Personnel designated on a given task order (i.e., Project Manager and/or Principal Investigators) may be external employees of the CNWRA (i.e., an SwRI employee not assigned to CNWRA, subcontractor, or a consultant).

Key personnel working on this task should collectively have expertise, qualifications and thorough familiarity in the following areas:

NRCs NDAA reviews at the SRS SDF and TFF; and INL INTEC TFF and knowledge about broader WIR activities and associated technical issues Cementitious waste form performance and degradation, and experience with designing and conducting laboratory and field experiments to study the hydraulic and chemical performance of cementitious waste forms Chemical/engineering, geochemical, and radioisotope chemistry, including thermodynamic simulation, and laboratory and field experiments Evaluation of engineered cover design and performance, including erosion control Hydrological modeling, and experience with field sampling and monitoring methods Operational health physics (review of radiation records) and quality assurance, including auditing Review of performance assessments in the areas of contaminant fate and transport; engineered barrier (engineered cover, steel liners and cementitious materials) performance and degradation; and biosphere modeling.

Page 14

31310023D0004/31310023F0143 The CNWRA staff shall also be familiar with the performance requirements of the land disposal for radioactive waste (10 CFR Part 61, Subpart C), NUREG-1854, and NUREG-1573.

Decommissioning guidance documents including NUREG-1757, NUREG/CR-5512, and related documents would also be beneficial.

The CNWRA staff shall include persons with adequate knowledge and experience authoring, developing, and testing electronic content and software to ensure the Section 508 conformance of contract deliverables.

In addition to the above, specific to Task Area 2:

Key personnel collectively should have expertise, qualifications and thorough familiarity in health physics and PA, biosphere models, the use of GoldSim, and the application to decommissioning and low-level waste PA. In general, key personnel working on this project should have advanced knowledge in the areas of geochemistry, radionuclide transport, health physics, modeling, statistical and dose analysis.

7. SECTION 508 - ACCESSIBILITY 7.1. Introduction In December 2000, the Architectural and Transportation Barriers Compliance Board (Access Board) pursuant to Section 508(2)(A) of the Rehabilitation Act Amendments of 1998, established electronic and information technology (EIT) accessibility standards for the federal government.

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

The revised 508 standards have replaced the term EIT with ICT (Information and Communication Technology). ICT is information technology (as defined in 40 U.S.C. 11101(6))

and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include, but are not limited to:

Computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; Web sites; videos; and electronic content.

Note: Applicable electronic content includes:

1. Public Facing content
2. Agency Official Communication. Electronic content that is not public facing, when such content constitutes official business and is communicated through one or more of the following:
a. An emergency notification;
b. An initial or final decision adjudicating an administrative claim or proceeding;
c. An internal or external program or policy announcement;
d. A notice of benefits, program eligibility, employment opportunity, or personnel action;
e. A formal acknowledgement of receipt;
f. A survey questionnaire; Page 15

31310023D0004/31310023F0143

g. A template or form;
h. Educational or training materials; or
i. Intranet content designed as a Web page.

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

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

1. in conformance with, and
2. support the requirements of the Standards for Section 508 of the Rehabilitation Act, as set forth in 36 CFR § 1194.1 and in Appendices A, C and D to Part 1194.

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

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

Yes 1)Revised 508 Standards a)Appendix A to Part 1194 - Section 508 of the Rehabilitation Act: Application Yes and Scoping Requirements i)508 Chapter 1: Application and Administration-sets forth general application Yes and administration provisions ii)508 Chapter 2: Scoping Requirements - containing scoping requirements Yes (which, in turn, prescribe which ICT - and, in some cases, how many - must comply with the technical specifications)

Yes (see the Exceptions section (1)E202 General Exceptions below)

No (see the Other (2)E203.2 User Needs section below)

Yes (see the Accessibility of (3)E205 Electronic Content Electronic Content section below) b)Appendix C to Part 1194 - Functional Performance Criteria and Technical See below Requirements i)Chapter 3: Functional Performance Criteria- applies to ICT where required Yes by 508 Chapter 2 (Scoping Requirements) and where otherwise referenced in any other chapter of the Revised 508 Standards No ii)Chapter 4: Hardware Yes iii)Chapter 5: Software iv)Chapter 6: Support Documentation and Services (applicable to, but not Yes limited to, help desks, call centers, training services, and automated self-Page 16

31310023D0004/31310023F0143 service technical support) v)Chapter 7: Referenced Standards - the standards referenced here apply to Yes ICT where required by Section 508 Chapter 2 (Scoping Requirements) and where referenced in any other chapter of the Revised 508 Standards No (see the 2)Appendix D to Part 1194 - Electronic and Information Technology Legacy ICT section Accessibility Standards as Originally Published on December 21, 2000 below)

Refer to 508 Chapter 2 (Scoping Requirements) first to confirm what provisions in Appendix C apply in a particular case.

7.4. Exceptions to the Standards 7.4.1. Legacy ICT N/A 7.4.2. National Security Systems Based on the definition at 40 U.S.C. 11103(a), the National Security Systems general exception (section E202.3 of 36 CFR § 1194) is not applicable to this contract/order.

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

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

7.4.4. ICT Functions Located in Maintenance or Monitoring Spaces N/A 7.4.5. Undue Burden The Undue Burden general exception (section E202.6 of 36 CFR § 1194) is not expected to be applicable to work performed by the Contractor. If there are questions about potential application of this exception, please discuss with the CO.

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

1. provide the COR with information necessary to support the agencys documentation requirements, as identified in sections E202.6.2 and E202.7.1 of 36 CFR § 1194, respectively
2. request and obtain written approval from the COR for development and/or use, as applicable to the scope of the contract/order, of an alternative means for providing individuals with disabilities access to and use of the information and data, as specified in sections E202.6.3 and E202.7.2 of 36 CFR § 1194, respectively.

Page 17

31310023D0004/31310023F0143 7.5. Additional Accessibility Requirements 7.5.1. Notification Due to Impact from NRC Policies, Procedures, Tools and/or ICT Infrastructure If and when 1) the Contractor is dependent upon NRC policies, procedures, tools and/or ICT infrastructure for standards-conformant delivery of any of the products or services under this acquisition, and 2) the Contractor is aware that conformance of products or services will be negatively impacted by capability gaps in NRC policies, procedures, tools and/or ICT infrastructure, the Contractor shall inform the COR so that the NRC can both be aware and take corrective action.

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

1. If a deliverable is either Public Facing or Agency Official Communication (as defined in sections E103 and E205.3 of 36 CFR § 1194, respectively) and therefore required to be conformant with section E205.4 of 36 CFR § 1194 then
a. The NRC may choose, for its own reasons, to take responsibility for the final conformance of the deliverable or its class of deliverables by explicitly identifying the deliverable or class of deliverables through one of the following means:
i. Identified in this contract/order, or ii. Identified in writing to the Contractor by the COR, with a copy to the CO.
2. Otherwise, the NRC may still have a requirement that the deliverable be conformant with section E205.4 of 36 CFR § 1194, but only if the deliverable is explicitly identified in this contract/order as having that requirement.

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

If and when the Contractor provides custom ICT development services pursuant to this acquisition, the Contractor shall ensure the ICT products and services fully support the applicable provisions of the Revised 508 Standards prior to delivery and before final acceptance.

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

7.6.1. Accessibility Conformance Report (ACR)

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

Page 18

31310023D0004/31310023F0143 7.6.2. Supplemental Accessibility Report (SAR)

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

a) Description of evaluation methods used to produce the ACR, to demonstrate due diligence in supporting conformance claims; b) Information on core functions that cant be used by persons with disabilities; and, c) Information on how to configure and install the ICT item to support accessibility 7.6.3. ICT Support Documentation Where the contractor provides support documentation or services for ICT, the contractor shall include the following deliverables:

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

8. MEETINGS AND TRAVEL Teleconferences and videoconferences shall be conducted with the NRC staff, as needed.

Table of Travel that may be required for Task Area 1 Task Location Trips Days Staff Task 1, Subtask 2 Aiken, SC, Monitoring Disposal Actions at or Idaho Falls, 4 2 days/trip 1 staff/trip SRS or INL ID The number of days listed above includes travel time.

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

9. PLACE OF PERFOMANCE The work will take place at the contractors site except for travel per Section 8 above.
10. ACCEPTANCE CRITERIA Any work (i.e., data, interpretations, models, computations, methods, etc.) developed under the contract shall be performed under an adequate quality assurance program to ensure the technical accuracy and quality of the documents produced. Quality assurance comprises all those planned and systematic actions necessary to provide adequate confidence that the assessments have been satisfactorily performed. Quality assurance shall include verification for Page 19

31310023D0004/31310023F0143 completeness, accuracy, consistency, and sufficient documentation to assure the reproducibility of the results of all calculations, laboratory experiments (if any), or modeling.

11. NRC FURNISHED MATERIALS The COR will provide copies of the necessary information, codes, and NRC products to conduct and document (e.g., for the CNWRA quality assurance record requirements) the activities for all work associated with this task order to CNWRA.
12. CONTRACTOR ACQUIRED MATERIAL Materials maybe required to perform experiments. The contractor shall request and obtain written approval from the COR before incurring any material costs.
13. STANDARD WORK PRACTICES In addition, the contractor's management must review for consistency and readability and approve with two signatures all reports, including those, which do not contain numerical analyses. One signature must be from the contractors Project Manager, and one signature must be from a manager at a higher level than the contractors Project Manager. The Project Manager level or above must review and forward informal submittals/deliverables.

When revisions for reports are issued, a section must be included in the revised report to document dates of, reasons for, and scope of all changes made since the issuance of the first contractors approved report.

NRC has the option of appointing a Peer Group to review, comment, and recommend changes to the draft and final reports. The contractor may recommend candidates for the Peer Group for approval by the NRC COR. In the case of dissent in the content of the final report, the dissenting party shall have the option of stating its viewpoints and findings. Such statements may appear in the report as decided by the NRC.

This section does not intend to create the development of a formal quality assurance program nor does it require formal quality assurance program documentation or review.

14. SECURITY REQUIREMENTS Work under this task order will be UNCLASSIFIED. This task order does not involve the contractor to access, possess, store, or generate Sensitive Unclassified Information (SUNSI).

Page 20

31310023D0004/31310023F0143 D - Packaging and Marking D.1 PACKAGING AND MARKING (a) The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

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

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

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

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Material Safety and Safeguards, under Contract/order number 31310023D0004/31310023F0143.

Page 21

31310023D0004/31310023F0143 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.

Page 22

31310023D0004/31310023F0143 F - Deliveries or Performance F.1 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

a. Contracting Officers Representative (COR)

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

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

(End of Clause)

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

This order shall commence on November 1, 2023 and will expire on March 29, 2025. The term of this task order may be extended at the option of the Government for additional Option Periods.

Base Period: November 1, 2023 through March 29, 2025 Option Periods:

Option Period One: March 30, 2025 through March 29, 2027 Option Period Two: March 30, 2027 through March 29, 2028 Page 23

31310023D0004/31310023F0143 G - Contract Administration Data G.1 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) - ALTERNATE I (OCT 1999)

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

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

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

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

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

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

Page 24

31310023D0004/31310023F0143 the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

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

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

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

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

(End of Clause)

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

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

NRC Primary COR:

Name: Maurice Heath Address: U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards Washington, DC 20555 Phone: 301-415-3137 E-mail: maurice.heath@nrc.gov NRC Alternate COR:

Name: Christopher Grossman Address: U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards Washington, DC 20555 Phone: (301) 415-0140 E-mail: christopher.grossman@nrc.gov (b) Performance of the work under this contract is subject to the technical direction of the NRC COR. The term "technical direction" is defined to include the following:

(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, authorizes travel which was unanticipated in the Schedule Page 26

31310023D0004/31310023F0143 (i.e., travel not contemplated in the Statement of Work (SOW) or changes to specific travel identified in the SOW), fills in details, or otherwise serves to accomplish the contractual SOW.

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

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

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

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

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

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

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

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

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

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

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

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

Page 27

31310023D0004/31310023F0143 (h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto is subject to 52.233 Disputes.

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

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

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

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

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

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

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

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

(End of Clause)

Page 28

31310023D0004/31310023F0143 I - Contract Clauses I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)

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

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

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

(c) Work for others.

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

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

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

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

Page 29

31310023D0004/31310023F0143 (ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.

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

(d) Disclosure after award.

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

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

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

(e) Access to and use of information.

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

Page 30

31310023D0004/31310023F0143 (i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.

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

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

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

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

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

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

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

(1) If the contractor under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to Page 31

31310023D0004/31310023F0143 perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.

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

(End of Clause)

I.2 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of contract expiration date.

(End of clause)

I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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 4 years, 5 months.

(End of clause)

Page 32

Retrieved from "https://kanterella.com/w/index.php?title=ML23272A175&oldid=3620206"