ML24257A188

From kanterella
Jump to navigation Jump to search
Task Order No. 31310024F0109 Under Delivery No. 31310023D0004
ML24257A188
Person / Time
Issue date: 09/10/2024
From: Comeau S
Acquisition Management Division
To: Maldonado P
Southwest Research Institute
References
31310023D0004
Download: ML24257A188 (1)
v • d • e


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 09/10/2024 31310024F0109 PAGE NO (a)

(b)

(c)

(d)

(e)

(f)

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

31310024F0109 Acceptance of Task Order No. 31310024F0109 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. 31310024F0109 under Contract No. 31310023D0004:

Signature Name Title Date Task Order Ceiling: $555,508 Task Order Obligation Amount:

Accounting Info:

2024-X0200-ADVRX-50-50D007-50B707-1061-1A 220-255B-1A-6-220-1061-ADVR Period of Performance: 09/10/2024 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

31310023D0004/31310024F0109 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 ALTERNATE I (AUG 2023).........................................................................................................................................4 B.3 PRICE/COST SCHEDULE..................................................................................................4 C - Description/Specifications.......................................................................................................6 C.1 STATEMENT OF WORK....................................................................................................6 D - Packaging and Marking.........................................................................................................14 D.1 PACKAGING AND MARKING..........................................................................................14 D.2 BRANDING.......................................................................................................................14 E - Inspection and Acceptance....................................................................................................15 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)........................................15 F - Deliveries or Performance.....................................................................................................16 F.1 PLACE OF DELIVERY-REPORTS...................................................................................16 F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)...........................16 H - Special Contract Requirements.............................................................................................17 H.1 2052.215-70 KEY PERSONNEL. (JAN 1993)..................................................................17 H.2 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

.................................................................................................................................................17 I - Contract Clauses.....................................................................................................................21 I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993).......................................................................................................................................21 I.2 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999).................................................24

31310023D0004/31310024F0109 Page 4 B - Supplies or Services/Prices B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION (AUG 2011)

(a) The title of this project is: Features, Events, and Processes for Disposal of Advanced Reactor Spent Fuel (b) Summary work description:

The objective of this task order is to obtain technical support from the Center for Nuclear Waste Regulatory Analyses in identifying and ranking the risk significance of key features, events, and processes related to the geologic disposition of disposal of Advanced Reactor Spent Fuel (ARSF). This will entail conducting research on the effects of potential ARSF waste forms and waste containers, and the retention of their degraded products within and interactions with natural geological formations on the geologic disposition of ARSF. As a result, the U.S. Nuclear Regulatory Commission (NRC) staff expects that the effort will provide critical information to help in assessing current NRC regulatory frameworks as related to the disposal of ARSF and to assist in understanding how best to position the NRC to support any potential U.S. national ARSF geological disposal program.

B.2 CONSIDERATION AND OBLIGATIONCOST-PLUS-FIXED-FEE ALTERNATE I (AUG 2023)

(a) The base and all option(s) value (total contract value) is: $555,508 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 $555,508 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 (g) There shall be no adjustment in the amount of the Contractor's fixed-fee.

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

31310023D0004/31310024F0109 Page 5 TOTAL$555,508

31310023D0004/31310024F0109 Page 6 C - Description/Specifications C.1 STATEMENT OF WORK

1. Project Title Features, Events, and Processes for Disposal of Advanced Reactor Spent Fuel
2. Background Disposal of Advanced Reactor Spent Fuel (ARSF) will involve specific concerns associated with the characteristics of the waste, waste containers, and the properties of the geologic site(s) under considerations. The concerns may differ from those that have previously been considered for disposal of light water reactor fuel at Yucca Mountain (i.e., unsaturated tuff site).

The U.S. Nuclear Regulatory Commission (NRC) intends to evaluate the types of issues that might arise with a goal of identifying activities needed to ensure staff are appropriately prepared to support any potential U.S. national ARSF geological disposal program. The NRC staff should be prepared to (1) identify key technical issues and uncertainties associated with disposal of ARSF, (2) develop an independent performance assessment capability for assessing performance of a High-Level Waste (HLW) geologic repository for the disposition of ARSF, and (3) revise NRCs HLW disposal regulations at 10 CFR Part 60 to accommodate geologic disposition of ARSF.

3. Objective The objective of this task order is to obtain technical support from the Center for Nuclear Waste Regulatory Analyses (CNWRA) in identifying and ranking the risk significance of key features, events, and processes related to the geologic disposition of ARSF. This will entail conducting research on the effects of potential ARSF waste forms and waste containers, and the retention of their degraded products within and interactions with natural geological formations on the geologic disposition of ARSF. As a result, the NRC staff expects that the effort will provide critical information to help in assessing current NRC regulatory frameworks as related to the disposal of ARSF and to assist in understanding how best to position the NRC to support any potential U.S. national ARSF geological disposal program.
4. Scope of Work The CNWRA shall perform the following tasks in order to improve the NRCs understanding of any potential concerns and issues associated with the disposal of ARSF in a deep geological repository:

4.1 Kick-off Meeting The CNWRA shall participate in a virtual kick-off meeting with the Contracting Officer's Representative (COR) and other NRC staff. The purpose of the kick-off meeting is to discuss the task order performance expectations. The meeting will be conducted via Microsoft Teams.

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

31310023D0004/31310024F0109 Page 7 (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 Identification and Ranking of Key Features, Events, and Processes The CNWRA shall identify those Features, Events, and Processes (FEPs) that may be important to issues associated with the disposal of ARSF in a geologic repository. The CNWRAs previous report entitled Disposal Options and Potential Challenges to Waste Packages and Waste Forms in Disposal of Spent (Irradiated) Advanced Reactor Fuel Types (ML20237F397) could be used as a starting point for this task. The CNWRA shall conduct a search of publicly available information regarding ARSF characteristics, packaging materials for ARSF, and ARSF geologic disposal, to include but not limited to, FEP databases as well as scientific and engineering literature. The CNWRA shall consider domestic and international sources. FEPs should be based on potential ARSF waste forms, waste containers, and general applicable principles for geologic media and reasonable siting considerations that would allow for a certain level of hazards (e.g., some seismic hazards, low hydrologic gradients) for specifying generic types of natural conditions. Extreme natural conditions are expected to be avoided in a siting process (e.g., very high seismic hazard, high groundwater flow conditions, extremely deleterious geochemistry conditions) and should not be considered in this task.

The CNWRA shall prepare a Technical Report (Deliverable 2) documenting and summarizing the results of the review of the FEPs database, literature, and any other information. In the Technical Report, the CNWRA shall identify and document a list of the key FEPs associated with disposal of ARSF, including the basis for its risk significance, for example and non-exclusively, the effects of the FEPs on containment and/or retention of ARSF and its degradation products within a geologic repository, the associated uncertainty for characterizing and understanding the risk significance, and the impact of the understanding on the NRCs current HLW regulatory frameworks. The significance of each of the FEPs shall be ranked as high, medium, and low on the basis of the CNWRAs technical judgement regarding the potential impact on performance of a repository system and the associated uncertainty.

Additionally, the CNWRA shall provide their perspective and basis on the potential for reducing uncertainty in FEBs with a significance ranking of medium or high. The Technical Report shall include bibliography with reference information for all cited materials. The CNWRA shall revise the initial Technical Report, and Subsequent Technical Report as required, incorporating any NRC comments provided by the COR. The CNWRA shall submit a Final Technical Report.

The CNWRA shall ensure the Technical Report is accessible in conformance with the requirements in Section 7 of this Statement of Work.

Periodic meetings may be scheduled between the CNWRA and NRC staff during performance of this task to review progress.

4.3 Development of Approaches for Improving the Understanding of Selected FEPs The CNWRA shall develop approaches for improving the understanding of the significance of the FEPs identified in Task 4.2 and selected by the NRC. The CNWRA shall develop technical bases to support their approach(es) to improve the understanding of the characteristics of specific FEPs. The technical bases shall support the quantification of the impacts of the FEP on repository barriers (e.g., impact on waste forms, corrosion rates of waste package materials,

31310023D0004/31310024F0109 Page 8 generation of colloids, and so on). Each approach must include the scientific methodologies and estimated resources needed for implementation.

The CNWRA shall document the results of Task 4.3 in a Technical Report (Deliverable 3).

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.

Deliverable No.

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

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

COR 2

FEPs Reivew and Ranking Technical Report MS Word or Adobe PDF and/or MS Excel 7 Months after Task Order Award As Required 1 Month after receipt of Final NRC Comments*

COR 3

FEPs Uncertainty Resolution Approaches Technical Report MS Word or Adobe PDF and/or MS Excel 10 Months after Task Order Award As Required 1 Month after receipt of Final NRC Comments*

COR 4

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

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

The deliverables shall be submitted electronically. When mutually agreed upon between the CNWRA and the COR, the CNWRA may submit preliminary or partial drafts to ensure the CNWRA understands the particular work requirement.

31310023D0004/31310024F0109 Page 9

7.

Section 508 - Information and Communication Technology 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.

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.

The Standards for Section 508 of the Rehabilitation Act reference the Web Content Accessibility Guidelines (WCAG) version 2.0, Level A and Level AA Success Criteria and Conformance Requirements. However, it is desirable that the contractor support the latest WCAG version (currently 2.2), when possible.

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 Contract/Order?

Provision of 36 CFR Part 1194 Yes

1) Revised 508 Standards

31310023D0004/31310024F0109 Page 10 Yes a) Appendix A to Part 1194 - Section 508 of the Rehabilitation Act: Application and Scoping Requirements Yes i) 508 Chapter 1: Application and Administration-sets forth general application and administration provisions Yes ii) 508 Chapter 2: Scoping Requirements - containing scoping requirements (which, in turn, prescribe which ICT - and, in some cases, how many - must comply with the technical specifications)

Yes (see the Exceptions to the Standards section below)

(1) E202 General Exceptions No (2) E203.2 User Needs Yes (see the Accessibility of Electronic Content section below)

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

Yes v) Chapter 7: Referenced Standards - the standards referenced here apply to ICT where required by Section 508 Chapter 2 (Scoping Requirements) and where referenced in any other chapter of the Revised 508 Standards No

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

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

31310023D0004/31310024F0109 Page 11 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 The Contractor shall confirm with the COR that an ICT deliverable of this contract/order will be located in maintenance or monitoring spaces before assuming that the ICT Functions Located in Maintenance or Monitoring Spaces general exception (section E202.5 of 36 CFR § 1194) applies.

Note that this exception does not apply to features of the ICT (such as Web interfaces) that can be accessed remotely, outside the maintenance or monitoring space where the ICT is located.

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.

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

31310023D0004/31310024F0109 Page 12 At a minimum, the standards require electronic content that is Public Facing or Agency Official Communication (as defined in sections E103 and E205.3 of 36 CFR § 1194, respectively) to be conformant with section E205.4 of 36 CFR § 1194.

  • Public Facing content: Content made available by an agency to members of the general public.
  • Agency Official Communication. Electronic content that is not public facing, when such content constitutes official business and is communicated through one or more of the following:
a. An emergency notification;
b. An initial or final decision adjudicating an administrative claim or proceeding;
c. An internal or external program or policy announcement;
d. A notice of benefits, program eligibility, employment opportunity, or personnel action;
e. A formal acknowledgement of receipt;
f. A survey questionnaire;
g. A template or form;
h. Educational or training materials; or
i. Intranet content designed as a Web page.

However, if not Public Facing nor Agency Official Communication the NRC may still have a requirement that the electronic content deliverable be conformant with section E205.4 of 36 CFR § 1194, but only if the deliverable is identified in this contract/order as having the requirement to be accessible.

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

1. Identified in this contract/order, or
2. Identified in writing to the Contractor by the COR, with a copy to the CO.

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).

Project Manager The CNWRA shall provide a Project Manager who shall be responsible for the performance of

31310023D0004/31310024F0109 Page 13 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, geochemistry, geology, hydrology, material sciences, health physics, and performance assessment should be used to accomplish the work requirements in areas of systems integration, performance of near-and far-fields of a repository, storage of wastes, repository design, construction, operation, and closure, and performance assessment for the safety of the repository and health of human and its environments.

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 and NRC staff will be held virtually via Microsoft Teams, or a platform mutually agreed by the COR and the CNWRA.

12.

Security Requirement Work on this task order will be unclassified.

13.

Government Furnished Property/Materials No Government Furnished Property/Materials are anticipated to be provided for this task order.

14.

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

31310023D0004/31310024F0109 Page 14 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 31310023D0004/31310024F0109.

31310023D0004/31310024F0109 Page 15 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.

31310023D0004/31310024F0109 Page 16 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.2 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 10, 2024 and will expire on September 30, 2025.

31310023D0004/31310024F0109 Page 17 H - Special Contract Requirements H.1 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 H.2 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

31310023D0004/31310024F0109 Page 18 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.

(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.

31310023D0004/31310024F0109 Page 19 (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 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.

31310023D0004/31310024F0109 Page 20 (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)

31310023D0004/31310024F0109 Page 21 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.

31310023D0004/31310024F0109 Page 22 (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:

31310023D0004/31310024F0109 Page 23 (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

31310023D0004/31310024F0109 Page 24 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)

Retrieved from "https://kanterella.com/w/index.php?title=ML24257A188&oldid=3749586"