ML24250A191

Task Order No. 31310024F0123 Under Delivery No. 31310023D0004

ML24250A191
Person / Time
Issue date:	09/04/2024
From:	Comeau S Acquisition Management Division
To:	Maldonado P Southwest Research Institute
References
31310023D0004
Download: ML24250A191 (1)

Text

DATE OF ORDER 2

ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION CONTRACT NO.

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

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

ORDER NO.

QUANTITY ACCEPTED 09/04/2024 31310024F0123 PAGE NO (a)

(b)

(c)

(d)

(e)

(f)

(g) 31310023D0004 CONTRACTOR ACCEPTANCE OF TASK ORDER NO.

31310024F0123 Acceptance of Task Order No. 31310024F0123 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. 31310024F0123 under Contract No. 31310023D0004:

Signature Name Title Date Task Order Ceiling: $431,154 Task Order Obligation Amount: $431,154 Accounting Info:

2024-X0200-ADVRX-50-50D007-50B707-1061-1A 220-255B-1A-6-220-1061-ADVR Period of Performance: 09/04/2024 to 09/30/2025 Prescribed by GSA FAR (48 CFR) 53.213(f)

OPTIONAL FORM 348 (Rev. 4/2006)

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

$0.00

31310023D0004/31310024F0123 Page 3 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 (AUG 2023)..............4 B.3 PRICE/COST SCHEDULE..................................................................................................4 C - Description/Specifications.......................................................................................................5 C.1 STATEMENT OF WORK....................................................................................................5 D - Packaging and Marking.........................................................................................................10 D.1 PACKAGING AND MARKING..........................................................................................10 D.2 BRANDING.......................................................................................................................10 E - Inspection and Acceptance....................................................................................................11 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)........................................11 F - Deliveries or Performance.....................................................................................................12 F.1 PLACE OF DELIVERY-REPORTS...................................................................................12 F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)...........................12 H - Special Contract Requirements.............................................................................................13 H.1 NRC SPECIFIC INFORMATION (AUG 2023)..................................................................13 H.2 2052.215-70 KEY PERSONNEL. (JAN 1993)..................................................................13 H.3 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

.................................................................................................................................................14 I - Contract Clauses.....................................................................................................................17 I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993).......................................................................................................................................17 I.2 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999).................................................20 J - List of Documents, Exhibits and Other Attachments..............................................................21

31310023D0004/31310024F0123 Page 5 C - Description/Specifications C.1 STATEMENT OF WORK

1. Project Title Technical Support for Reviewing the Fuel Cycle Regulatory Framework for Potential Challenges in Future Licensing of New and Advanced Fuels

2. Background The Nuclear Energy Innovation and Modernization Act requires the U.S. Nuclear Regulatory Commission (NRC) to develop a regulatory framework to support advanced nuclear technologies. These advanced nuclear technologies involve higher uranium enrichments and different physical forms of fuels. Several fuel vendors, in coordination with the U.S. Department of Energy, have announced plans to develop and seek approval for various accident tolerant fuel designs with enrichments above 5 percent. Many advanced reactor designers have expressed plans to use fuel that is enriched up to 20 weight percent in uranium-235. These fuel types are collectively referred to as new and advanced fuels in the context of this Statement of Work (SOW).

The NRCs regulatory framework is currently optimized for fuel cycles utilizing light water reactor technologies. There is a need to review the regulatory framework for compatibility with these potential advanced reactor fuel cycles. In fiscal year (FY) 2023 and FY 2024, the Center for Nuclear Waste Regulatory Analyses (CNWRA)/Southwest Research Institute provided technical assistance to conduct a preliminary review of the NRCs fuel cycle regulatory framework, with the purpose of assisting NRC staff in developing a new fuels regulatory planner to address potential challenges in future licensing for the enrichment, fabrication, transportation, and storage of new and advanced fuels.

To make the NRC application reviews more efficient and predictable, the NRC needs to ensure the regulatory framework can adequately support new and advanced nuclear fuel cycles. The NRC staff is in need of technical assistance and research support to conduct a more in-depth review of the regulatory framework Consideration should be given but not limited to the front and back ends of the fuel cycle for tri-structural isotropic particle fuel (TRISO), metal fuels, and molten salt reactor fuels.

3. Objective The objective of this task order is to identify potential challenges in using the current regulatory framework for licensing actions associated with enrichment, fabrication, storage, and transportation for the new and advanced nuclear fuel cycles, and to determine what actions may be needed to address those potential challenges.

4. Scope of Work The CNWRA shall conduct reviews of NRCs current fuel cycle regulatory framework and develop a table that summarizes a review of where the NRCs regulatory framework may not support licensing new and advanced nuclear fuel cycles. Note that this activity should be conducted in coordination with storage, transportation, and fuel facility standard review plan

31310023D0004/31310024F0123 Page 6 (SRP) review or update activities. The CNWRA shall perform the following tasks:

4.1 Task 1 Kick-off Meeting The CNWRA shall participate in a virtual kick-off meeting with the NRC staff. The purpose of the kick-off meeting will be to discuss the task order performance expectations. The meeting shall be conducted via Microsoft Teams.

The CNWRA shall prepare a Kick-off Meeting Summary (Deliverable 1) that includes, at a minimum, the following information:

(1) Identification of meeting participants from the NRC and CNWRA, (2) Minutes of the meeting that clearly describe the substance of the meeting, and (3) Any follow-up items and decisions from the meeting.

4.2 Task 2 Literature Review of Regulatory Requirements and Guidance The CNWRA shall perform a literature review of NRCs regulatory requirements and guidance documents to determine what documents may be applicable to licensing and oversight of new and advanced fuels and the potential challenges, with respect to the requirements and instructions in the documents, to staff reviews of new applications of these fuels. The literature review should include but is not limited to reviewing the following documents in the areas that relate to enrichment, fabrication, storage, and transportation of new and advanced nuclear fuel cycles:

(1) Parts under Title 10, Code of Federal Regulations (CFR), related to enrichment, fabrication, storage, and transportation of nuclear fuels, (2) SRPs, including but not limited to NUREG-1520, NUREG-2216, and NUREG-2215, (3) Regulatory Guides, (4) Any other documents used in support of regulatory reviews, and (5) Previously CNWRA-developed reports identifying potential gaps in the regulatory framework.

Additional documents may be identified by the NRC staff.

The CNWRA shall prepare a Literature Review Summary (Deliverable 2) that includes, at a minimum, the following information:

(1) List of the regulatory and technical items that were considered in the review as related to the NRC regulatory framework, referencing and including the complete bibliography of the sources or documents reviewed, and (2) Summary of significant findings.

The CNWRA shall revise the Initial Literature Review Summary, and Subsequent Literature Review Summary as required, based on the feedback received from the NRC staff provided by the Contracting Officer's Representative (COR). The CNWRA shall submit a Final Literature Review Summary.

4.3 Task 3 Assessment of Regulatory Framework Challenges

31310023D0004/31310024F0123 Page 7 Concurrent to the literature reviews in Section 4.2, the CNWRA shall assess the significance of individual challenges to the application of the current NRC regulatory framework to the licensing and oversight of potential new applications of new and advanced fuels. The CNWRA shall identify potential mitigations, if available, that may lessen or eliminate the challenges.

The CNWRA shall develop a Challenges Table (Deliverable 3) that will capture instances where the NRCs regulatory framework may not support, and therefore would be considered a challenge to licensing new and advanced nuclear fuel cycles including increased uranium enrichment, increased burnup, new fuel forms, and new reactor technologies. The table shall clearly identify the relevant part of the NRCs regulatory framework, the potential issue, the risk significance, and any potential remedy associated with the instances. The CNWRA shall submit the proposed format for the Challenges Table, and receive approval of the format from the COR, prior to beginning work on developing it.

For each potential challenge, the table shall include the following:

a. The regulation, guidance document, SRP, or other document identifier,

b. The potential issue,

c. The impacted fuel cycle element (enrichment, storage, etc.),

d. The impacted fuel type (TRISO, metal, etc.),

e. Risk significance and/or urgency,

f. Potential remedy (e.g., action and/or level of effort) (examples of actions are technical basis development where needed for an issue and/or proposed updates to regulation, guidance, or other documents), and

g. Other items of interest.

The CNWRA shall cite the appropriate references for each challenge in the table. In addition, the CNWRA shall also identify in a narrative part of the deliverable that contains the table the challenges that were considered but not included in the draft table as challenges, and the reasons why they were not included, also citing appropriate references.

The CNWRA shall revise the Initial Challenges Table, and Subsequent Challenges Table as required, based on the feedback received from the NRC staff provided by the COR. The CNWRA shall submit a Final Challenges Table.

5.

Reporting Requirements Monthly Letter Status Report The CNWRA shall provide a Monthly Letter Status Report (MLSR) (Deliverable 4). If no work was performed during the prior month, the CNWRA 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. Deliverables and Delivery Schedule A summary of the deliverables and anticipated delivery schedule is shown in the table below.

31310023D0004/31310024F0123 Page 8 Deliverable No.

Deliverable Format Initial Due Date Subsequent Due Date Final Due Date 1

Kick-Off Meeting Summary MS Word 1 Week after Kick-off Meeting 1 Week after receipt of NRC Comments*

2 Literature Review Summary MS Word 6 Months after Award of Task Order As Required 1 Month after receipt of Final NRC Comments*

3 Challenges Table MS Word 7 Months after Award of Task Order As Required 1 Month after receipt of Final NRC Comments*

4 Monthly Letter Status Report MS Word or Adobe PDF No later than the 20th of the following month

• NRC anticipates providing comments no later than 4 weeks after receipt of deliverable.

The deliverables shall be submitted electronically to the COR and the Office of Nuclear Material Safety and Safeguards (NMSS) Project Manager. When mutually agreed upon between the CNWRA and the COR the CNWRA may submit preliminary or partial drafts to help gauge the CNWRAs understanding of the particular work requirement.

The CNWRA shall provide a Monthly Letter Status Report to the COR, the NMSS Project Manager, and the CO.

7.

Section 508 - Information and Communication Technology Accessibility Not Applicable 8.

Applicable Publications The CNWRA shall comply with the following applicable regulations 10 CFR Part 50, Appendix B-Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants 10 CFR Part 63, Subpart G-Quality Assurance 10 CFR Part 71, Subpart H-Quality Assurance 10 CFR Part 72, Subpart G-Quality Assurance 9.

Key Personnel Qualification Requirements 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).

31310023D0004/31310024F0123 Page 9 Project Manager The CNWRA shall provide a Project Manager who shall be responsible for the performance of the work. The Project Manager shall have full authority to act for the CNWRA on all contract/order matters relating to daily operation of this order. The Project Manager shall have at a minimum, a bachelor's degree in engineering or science. The Project Manager shall also have significant experience with program or project management and NRC regulatory requirements.

Principal Investigator(s)

Key personnel with advanced degrees or a bachelor's degree with equivalent work experience in the special competencies of structural and mechanical engineering, material sciences, and health physics should be used to accomplish the work requirements in areas of systems integration, regulatory analysis, and spent nuclear fuel key regulatory and technical issues.

10.

Place of Performance The work will be performed at the current CNWRA site.

11.

Travel/Meetings No travel is anticipated for this task order. Technical meetings between the CNWRA nd NRC staff will be held via virtually via Microsoft Teams, or a platform mutually agreed by the COR and the CNWRA.

12.

Security Requirement Work under this task order may require the CNWRA to access, possess, store, or generate Sensitive Unclassified Information (SUNSI).

13.

Government Furnished Property/Materials NRC may provide documents to the CNWRA to support this project that may include non-publicly available information.

14.

License Fee Recovery Work under this task order is non-fee recoverable. The non-billable CAC is A33007.

31310023D0004/31310024F0123 Page 10 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 31310023D0004/31310024F0123.

31310023D0004/31310024F0123 Page 11 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.

31310023D0004/31310024F0123 Page 12 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 September 4, 2024 and will expire on September 30, 2025.

31310023D0004/31310024F0123 Page 13 H - Special Contract Requirements H.1 NRC SPECIFIC INFORMATION (AUG 2023)

SECTION H - Special Contract Requirements as set forth in the Base Contract H.2 SECURITY REQUIREMENTS FOR CONTRACTORS (JULY 2022)

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

H.18 2052.204-70 SECURITY. (OCT 1999)

H.2 2052.215-70 KEY PERSONNEL. (JAN 1993)

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

• The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.

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

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

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

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

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

(End of Clause)

• To be incorporated into any resultant contract

31310023D0004/31310024F0123 Page 14 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:

Primary COR:

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

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

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

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

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

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

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

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

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

31310023D0004/31310024F0123 Page 15 (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.

(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

31310023D0004/31310024F0123 Page 16 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)

31310023D0004/31310024F0123 Page 17 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.

31310023D0004/31310024F0123 Page 18 (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:

31310023D0004/31310024F0123 Page 19 (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

31310023D0004/31310024F0123 Page 20 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 3 days before the Task Order expires.

(End of clause)

31310023D0004/31310024F0123 Page 21 J - List of Documents, Exhibits and Other Attachments Attachment Number Title Date 1

NRC Form 187 Contract Security and-or Classification Requirements 06/25/2024