Text

FOIA-2025-000713 - Resp 1 - Final
	ML26021A090
Person / Time
Issue date:	01/08/2026
From:	Sillah A; NRC/OCIO/DIME/FLICB
To:	Lakics C; - No Known Affiliation
References
	FOIA-2025-000713
	Download: ML26021A090 (0)
	v • d • e

NRC FORM 464 Part I (09-25-2024)

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number

Response

Type Interim Final Requester:

Date:

Description of Requested Records:

PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means:

(1) https://www.nrc.gov ; (2) public ADAMS, https://www.nrc.gov/reading-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.gov/app/Home.aspx.

Agency records subject to the request are enclosed.

Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.

We are continuing to process your request.

See Part I.D -- Comments.

PART I.A -- FEES AMOUNT You will be billed by NRC for the amount indicated.

You will receive a refund for the amount indicated.

Fees waived.

Since the minimum fee threshold was not met, you will not be charged fees.

Due to our delayed response, you will not be charged search and/or duplication fees that would otherwise be applicable to your request.

PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). See 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.

We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.

Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of the responses we have issued in response to your request when we issue our final determination.

You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-6 A60M, Washington, D.C. 20555-0001. You may submit an appeal by email to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Please be sure to include on your submission that it is a FOIA Appeal. You may file an appeal through the NRC Public Access Link (PAL) at https://foia.nrc-gateway.gov/app/Home.aspx.

PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at https://www.nrc.gov/reading-rm/

foia/contact-foia.html, or by calling the FOIA Public Liaison at (301) 415-0717.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may email OGIS at ogis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.

FOIA-2025-000713 1

Lakics, Christopher 01/08/2026 Copies of documents relating to all Solicitation documents (RFP, PWS, Addendums, Attachments, and Amendments) regarding the procurement titled: "The Objective of this contract is to provide Technical Assistance Services from the contractor to conduct reviews... (continued below in Part I.D)

NRC FORM 464 Part I (09-25-2024)

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST U.S. NUCLEAR REGULATORY COMMISSION Response Number Interim Final PART I.D -- COMMENTS Signature - Freedom of Information Act Officer or Designee FOIA or Reference Number

Response

Type 1

The NRC received your FOIA request on September 24, 2025, seeking access to: Copies of documents relating to all Solicitation documents (RFP, PWS, Addendums, Attachments, and Amendments) regarding the procurement titled: "The Objective of this contract is to provide Technical Assistance Services from the contractor to conduct reviews of historical classified documents eligible for automatic declassification in order to assess what needs to remain classified and what c. The solicitation resulted in a contract #31310021C0013, awarded on 07/26/2021 in the amount of approximately $3,142,000.

We tasked the Office of Administration (ADM) to locate documents. Responsive documents are attached. This concludes the processing of your request.

Alecia S. Sillah Digitally signed by Alecia S. Sillah Date: 2026.01.08 14:25:00 -05'00' FOIA-2025-000713

31310021R0060 SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

7. ISSUED BY CODE

8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES 1

77 C. E-MAIL ADDRESS EXT.

NUMBER AREA CODE B. TELEPHONE (NO COLLECT CALLS)

A. NAME

10. FOR INFORMATION CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)

(Hour) local time until depository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the SOLICITATION

9. Sealed offers in original and PART IV - REPRESENTATIONS AND INSTRUCTIONS OTHER STATEMENTS OF OFFERORS EVALUATION FACTORS FOR AWARD INSTRS., CONDS., AND NOTICES TO OFFERORS REPRESENTATIONS, CERTIFICATIONS AND LIST OF ATTACHMENTS CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I J

K L

M SPECIAL CONTRACT REQUIREMENTS CONTRACT ADMINISTRATION DATA DELIVERIES OR PERFORMANCE INSPECTION AND ACCEPTANCE PACKAGING AND MARKING DESCRIPTION/SPECS./WORK STATEMENT SUPPLIES OR SERVICES AND PRICES/COSTS SOLICITATION/CONTRACT FORM PART II - CONTRACT CLAUSES PART I - THE SCHEDULE H

G F

E D

C B

A SEC.

DESCRIPTION PAGE(S)

(X)

DESCRIPTION SEC.

(X)

11. TABLE OF CONTENTS

18. OFFER DATE

17. SIGNATURE SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER 15C. CHECK IF REMITTANCE ADDRESS EXT.

NUMBER AREA CODE 15B. TELEPHONE NUMBER (Type or print)

AND ADDRESS OF OFFEROR CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 15A. NAME DATE AMENDMENT NO.

DATE AMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors (The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE (Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE

24. ADMINISTERED BY (If other than Item 7)

ITEM (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN 41 U.S.C. 253 (c) (

10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION

20. AMOUNT

19. ACCEPTED AS TO ITEMS NUMBERED AWARD (To be completed by government)

CODE 07/13/2021 X

NRCHQ US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-07B20M WASHINGTON DC 20555-0001 1

1500 ES 07/22/2021 GEOFFREY COLEMAN 301 Geoffrey.Coleman@nrc.gov 415-5517 X

X X

X PAGE(S)

GEOFFREY COLEMAN AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is unusable STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

)

6 9

16 17 20 21 24 39 47 48 66 74

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO.

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT NAME OF OFFEROR OR CONTRACTOR 2

77 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 31310021R0060 (A)

(B)

(C)

(D)

(E)

(F)

The U.S. Nuclear Regulatory Commission invites your firm to submit a proposal for the project entitled Historical Classified Document Reviews for Declassification" under the authority and in accordance with Part 19.8 of the Federal Acquisition Regulation (FAR). The period of performance will be a base period of 1 year with 4 one-year option periods for a total of five years.

This is a request for non-commercial items prepared in accordance with Federal Acquisition Regulation Part 15, as supplemented with additional information included with this notice.

This requirement is solicited as a 100% 8(a) sole source procurement under NAICS code 561410, "Document Preparation Services."

Please submit any questions concerning this solicitation in writing via e-mail to Geoffrey.Coleman@nrc.gov no later than close of business (5:00 p.m. EST) on July 15, 2021.

Please submit your proposal electronically through FedConnect no later than the due date and time specified in Block 9 above. Only proposals received via FedConnect by the due date will be considered.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110 NSN 7540-01-152-8067

31310021R0060 Page 3 B - Supplies or Services/Prices.....................................................................................................6 B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION.......................................................6 B.2 CONSIDERATION AND OBLIGATION-LABOR-HOUR CONTRACT...............................6 B.3 PRICE/COST SCHEDULE..................................................................................................6 C - Description/Specifications.......................................................................................................9 C.1 STATEMENT OF WORK....................................................................................................9 D - Packaging and Marking.........................................................................................................16 D.1 PACKAGING AND MARKING..........................................................................................16 D.2 BRANDING.......................................................................................................................16 E - Inspection and Acceptance....................................................................................................17 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)........................................17 E.2 52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)......17 F - Deliveries or Performance.....................................................................................................20 F.1 PERIOD OF PERFORMANCE ALTERNATE III...............................................................20 G - Contract Administration Data................................................................................................21 G.1 REGISTRATION IN FEDCONNECT (MAY 2021).........................................................21 G.2 ELECTRONIC PAYMENT (DEC 2017)............................................................................21 G.3 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

.................................................................................................................................................21 H - Special Contract Requirements.............................................................................................24 H.1 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (SEP 2013).......24 H.2 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (JUL 2016)........................................................................................25 H.3 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS......................29 H.4 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE.....................................29 H.5 FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OVER CONTRACTOR............30 H.6 SAFETY OF ON-SITE CONTRACTOR PERSONNEL.....................................................32 H.7 SECURITY REQUIREMENTS FOR ACCESS TO CLASSIFIED MATTER OR INFORMATION (SEP 2013)....................................................................................................32 H.8 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (MAY 2016)....................34 H.9 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES..........................................................................................................................35 H.10 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS (SEP 2013)..............................................................................................................................36 H.11 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (MARCH 2019)

.................................................................................................................................................36 H.12 GREEN PURCHASING (SEP 2015 )..............................................................................36 H.13 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS....................................................................................37 H.14 KEY PERSONNEL. (JAN 1993).....................................................................................37 H.15 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT 1999)

.................................................................................................................................................38 I - Contract Clauses.....................................................................................................................39 I.50 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)..........41 I.51 52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984).............................42 I.52 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)...............................................42

31310021R0060 Page 4 I.53 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)...........42 I.54 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS. (JAN 2017).................................42 I.55 52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS. (OCT 2019)........................43 I.56 52.219-14 LIMITATIONS ON SUBCONTRACTING. (MAR 2020)...................................44 I.57 52.219-17 SECTION 8(A) AWARD. (OCT 2019).............................................................45 I.58 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020)

.................................................................................................................................................45 I.59 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)..........................46 J - List of Documents, Exhibits and Other Attachments..............................................................47 K - Representations, Certifications, and Other Statements of Bidders.......................................48 K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (MAR 2020)...........48 K.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (OCT 2020)....................................52 K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (AUG 2020)...55 K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018).....57 K.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (NOV 2020)...............58 K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (FEB 1999).......62 K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE. (APR 1984).....................................63 K.9 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION. (AUG 2009)............................................................................63 K.10 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS. (JUN 2020)......................................................................................64 L - Instructions,Conditions, and Notices to Bidders.....................................................................66 L.1 PROPOSAL PRESENTATION AND FORMAT - ALTERNATE II (FOR NEGOTIATED FIXED-PRICE, LABOR-HOUR, OR TIME-AND-MATERIALS CONTRACTS/ORDERS).......66 L.2 GREEN PURCHASING (JUL 2016)..................................................................................67 L.3 2052.215-72 TIMELY RECEIPT OF PROPOSALS. (OCT 1999)......................................68 L.4 2052.215-73 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (OCT 1999).......................................................................................................................................68 L.5 2052.215-74 DISPOSITION OF PROPOSALS. (JAN 1993).............................................69 L.8 52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)......................................69 L.9 52.216-1 TYPE OF CONTRACT. (APR 1984)..................................................................71 L.10 52.216-30 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS--

NON-COMMERCIAL ITEM ACQUISITION WITHOUT ADEQUATE PRICE COMPETITION.

(FEB 2007)..............................................................................................................................71 L.11 52.233-2 SERVICE OF PROTEST. (SEP 2006).............................................................71 L.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998).......................................................................................................................................72 L.13 INSTRUCTIONS, CONDITIONS & NOTICES.................................................................72 M - Evaluation Factors for Award................................................................................................74 M.1 2052.215-79 CONTRACT AWARD AND EVALUATION OF PROPOSALS. (OCT 1999)

.................................................................................................................................................74 M.3 EVALUATION FACTORS.................................................................................................75

31310021R0060 Page 5

31310021R0060 Page 6 B - Supplies or Services/Prices B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION (a) The title of this project is: Historical Classified Document Reviews for Declassification (b) Summary work description: The objective of this contract is to provide technical assistance services from the Contractor to conduct reviews of historical classified documents eligible for automatic declassification in order to assess what needs to remain classified and what can be declassified and released to the public while still protecting the national security interests of the United States Government.

B.2 CONSIDERATION AND OBLIGATION-LABOR-HOUR CONTRACT (a) The ceiling price to the Government for full performance under this contract is TBD (b) The contract includes direct labor hours at specified fixed hourly rates, inclusive of wages, fringe, overhead, general and administrative expenses, and profit.

(c) It is estimated that the amount currently obligated will cover performance through TBD.

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

B.3 PRICE/COST SCHEDULE BASE YEAR CLIN Description Estimated Quantity Unit Hourly Rate Estimated Total 00001 Declassification Program Manager 250 Hour 00002 Sr. Document Reviewer/Project Manager 1000 Hour 00003 Historical Records Reviewer II 1880 Hour 00004 Historical Records Reviewer I 1880 Hour 00005 Inventory Specialist 1880 Hour BASE YEAR TOTAL

31310021R0060 Page 7 OPTION YEAR 1 CLIN Description Estimated Quantity Unit Hourly Rate Estimated Total 10001 Declassification Program Manager 250 Hour 10002 Sr. Document Reviewer/Project Manager 1000 Hour 10003 Historical Records Reviewer II 1880 Hour 10004 Historical Records Reviewer I 1880 Hour 10005 Inventory Specialist 1880 Hour OPTION YEAR 1 TOTAL OPTION YEAR 2 CLIN Description Estimated Quantity Unit Hourly Rate Estimated Total 20001 Declassification Program Manager 250 Hour 20002 Sr. Document Reviewer/Project Manager 1000 Hour 20003 Historical Records Reviewer II 1880 Hour 20004 Historical Records Reviewer I 1880 Hour 20005 Inventory Specialist 1880 Hour OPTION YEAR 2 TOTAL OPTION YEAR 3

31310021R0060 Page 8 CLIN Description Estimated Quantity Unit Hourly Rate Estimated Total 30001 Declassification Program Manager 250 Hour 30002 Sr. Document Reviewer/Project Manager 1000 Hour 30003 Historical Records Reviewer II 1880 Hour 30004 Historical Records Reviewer I 1880 Hour 30005 Inventory Specialist 1880 Hour OPTION YEAR 3 TOTAL OPTION YEAR 4 CLIN Description Estimated Quantity Unit Hourly Rate Estimated Total 40001 Declassification Program Manager 250 Hour 40002 Sr. Document Reviewer/Project Manager 1000 Hour 40003 Historical Records Reviewer II 1880 Hour 40004 Historical Records Reviewer I 1880 Hour 40005 Inventory Specialist 1880 Hour OPTION YEAR 4 TOTAL

31310021R0060 Page 9 C - Description/Specifications C.1 STATEMENT OF WORK DESCRIPTION/SPECIFICATIONS/WORK STATEMENT C.1 Title of Project Historical Classified Document Reviews for Declassification C.2 Background Under the provisions of Executive Order (E.O.) 13526, Classified National Security Information, and Title 32 of the Code of Federal Regulations (CFR) Part 2001, Classified National Security Information, all classified records that (1) are more than 25 years old and (2) have been determined to have permanent historical value under Title 44, United States Code, shall be automatically declassified whether or not the records have been reviewed. All classified records shall be automatically declassified on December 31 of the year that is 25 years from the date of origin, unless the information is exempt from automatic declassification. To exempt records from automatic declassification, agencies must have the specific authority to extend the duration of classification beyond 25 years in the form of a File Series Exemption and/or an Interagency Security Classification Appeals Panel (ISCAP) approved declassification guide.

The NRCs Declassification Program is maintained and operated by the Office of Nuclear Security and Incident Response, Division of Security Operations, Information Security Branch (NSIR/DSO/ISB). In order to facilitate the aforementioned automatic declassification reviews, NSIR/DSO/ISB drafted the NSIR Office Procedure titled, Conducting Automatic Declassification Reviews. The draft office procedure establishes guidelines that will ensure that automatic declassification reviews and overall classification management requirements are completed in accordance with mandates as prescribed by E.O. 13526, 32 CFR Part 2001, and NRC policy. The draft office procedure also establishes consistent methods for the receipt, storage, and centralization of declassification decisions and promotes good customer service through the efficient receipt, accountability, and analysis of records eligible for automatic declassification.

In accordance with E.O. 13526, 32 CFR Part 2001, other applicable laws and regulations, and NRC policy, the NRC reviews classified information for automatic declassification with the use of source documents and declassification and classification guides. The NRC also obtains input on the review from internal offices and external agencies, as necessary. The NRC conducts final administrative reviews to apply additional redactions and exemption codes as prescribed by law. The NRC does not remove redactions or exemption codes applied by an Original Classification Authority without prior coordination with the authority, or the successor, rendering the decision(s).

In prior years, the NRC staff reviewed all historically valuable classified information to assess what needs to remain classified and what can be declassified and released to the public while still protecting the national security interests of the United States Government. However, in recent years this task has become too voluminous to complete with the available full time employee resources.

31310021R0060 Page 10 C.3 Objective The objective of this contract is to provide technical assistance services from the Contractor to conduct reviews of historical classified documents eligible for automatic declassification in order to assess what needs to remain classified and what can be declassified and released to the public while still protecting the national security interests of the United States Government. The Contractors work must be conducted in accordance with E.O. 13526, 32 CFR Part 2001, other applicable laws and regulations, and NRC policy.

C.4 Scope of Work/Tasks The Contractor shall provide all resources necessary to accomplish the tasks and deliverables described in this Statement of Work (SOW). The Contractor shall provide technical assistance services to conduct reviews of historical classified documents eligible for automatic declassification in order to assess what needs to remain classified and what can be declassified and released to the public while still protecting the national security interests of the United States Government.

Task 1 - Complete the Necessary Training to Conduct Historical Records Reviews and to Access Agency Classified Information Technology Systems The Contractor shall complete the necessary training to conduct historical records reviews and to access agency classified information technology systems, to include but not limited to:

- Introduction to Derivative Classification

- Historical Records Restricted Data Reviewers Course (U.S. Department of Energy)

- Classification Guide-Specific Training This task shall be completed within 1 month after the contract start date.

Task 2 - Maintain NRC Procedures for Conducting Automatic Declassification Reviews The Contractor shall maintain the NSIR Procedure titled, Conducting Automatic Declassification Reviews. The Procedure shall remain consistent with E.O. 13526, 32 CFR Part 2001, other applicable laws and regulations, and NRC policy. As a part of the NSIR Procedure, the Contractor shall create and maintain supplements to the procedure that details the required training for each individual involved in the declassification review process. The supplement shall include any additional procedures needed to effectively conduct declassification reviews.

The Procedure and supplements shall be reviewed and updated on an as-needed basis, but must be formally reviewed every twelve (12) months.

Task 3 - Maintain NRC Derivative Declassification Authority Training Material The Contractor shall update and maintain the NRC Derivative Declassification Authority Training material. The training material shall remain consistent with E.O. 13526, 32 CFR Part 2001, other applicable laws and regulations, and NRC policy. The Contractor shall create knowledge checks that ensure individuals that complete the course have the required knowledge to properly

31310021R0060 Page 11 perform declassification reviews.

The training material shall be updated within six (6) months from the contract start date. The training material shall be reviewed and updated on an as-needed basis thereafter, but must be formally reviewed every twelve (12) months.

Task 4 - Conduct Historical Classified Document Reviews for Declassification The Contractor shall conduct historical classified document reviews for declassification in accordance with the finalized NSIR Office Procedure titled, Conducting Automatic Declassification Reviews, E.O. 13526, 32 CFR Part 2001, other applicable laws and regulations, and NRC policy. The NRCs Declassification Program Manager will furnish the historical classified documents to be reviewed for declassification.

This task shall commence immediately after the contract start date.

Task 5 - Inventory Office of the Secretary GSA Approved Security Containers The Contractor shall complete and maintain a written inventory of all documents stored in the Office of the Secretarys GSA approved security containers. The inventory document shall use the format provided to the Contractor by the COR.

This task shall commence immediately after the contract start date.

C.5 Reporting Requirements C.5.1 Updated Declassification Review Log The Contractor shall provide an updated declassification review log, as detailed in the draft NSIR Office Procedure titled, Conducting Automatic Declassification Reviews, to the Government on a monthly basis. This log will be used by the Government to assess the progress made by the Contractor on a monthly basis.

C.5.2 Monthly Letter Status Report (MLSR)

The Contractor shall provide a Monthly Letter Status Report which consists of a technical progress report and financial status report. This report will be used by the Government to assess the adequacy of the resources proposed by the contractor to accomplish the work contained in this SOW and provide status of contractor progress in achieving tasks and producing deliverables. The technical section of the report shall include contract/order summary information, work completed during the specified period, milestone schedule information, problem identification and resolution, travel plans, and staff hour summary. The financial section of the report shall include a list of activities completed for Task 1, Task 2, Task 3, Task 4, and Task 5 during the month, overall funding agreement contract amount, obligated, available funds, monthly period ending with matrix showing actual costs and cumulative totals.

C.5.3 Final Report The contractor shall provide a final report summarizing the work performed and the results and

31310021R0060 Page 12 conclusions under this contract/order.

C.6 List of Deliverables Section #

Deliverable Due Date Format Submit to C.4 Scope of Work/Tasks:

Task 2 Revised NRC Procedures for Conducting Automatic Declassification Reviews As needed. No later then 12 months from contracts start date Word Document COR C.4 Scope of Work/Tasks:

Task 3 Training Materials 6 months from contract start date.

Every 12 months thereafter Word Document/Power Point Slides COR C.4 Scope of Work/Tasks:

Task 4 Updated Declassification Review Log 20thof the month Word Document COR C.4 Scope of Work/Tasks:

Task 5 Updated Inventory Log 20thof the month Word Document COR C.5.2 MLSR Monthly Letter Status Report 20thof the month Word Document CO/COR C.5.3 Final Report Final Report 30 days prior to contract expiration Word Document CO/COR C.7 Required Materials, Facilities, Hardware/Software N/A C.8 Release of Publications Any documents generated by the Contractor under this contract/order shall not be released for publication or dissemination without CO and COR prior written approval.

C.9 Place of Performance The Contractor shall perform the requirements of this contract primarily onsite at one of the below NRC locations:

One White Flint North (OWFN) 11555 Rockville Pike Rockville, MD 20852

Two White Flint North (TWFN) 11545 Rockville Pike

31310021R0060 Page 13 Rockville, MD 20852 C.10 Recognized Holidays Contractor personnel shall not be required to perform onsite on the Federal holidays identified below. Contractor personnel shall comply with their companys policies and procedures regarding their work status on these days.

New Years Day Labor Day Martin Luther King Jr.s Birthday Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day In addition, the Contractor is not required to perform the requirements of this contract on any days that the NRC is closed due to inclement weather, Presidential Executive Order, or other situation whereby the facilities are closed for safety and/or environmental reasons.

C.11 General - Contractor Personnel The services performed under this contract include frequent, direct contact with NRC personnel at all levels of the agency. This requires that all onsite Contractor personnel use appropriate language and wear appropriate attire for an office environment at all times.

Onsite Contractor personnel shall be fluent in the English language, both oral and written.

Profanity or any other language deemed inappropriate by the COR shall not be used in any form of communication during performance of services under this contract or while on NRC premises.

C.12 Hours of Operation The Contractor shall provide required support during the core hours of 7:00 a.m. through 4:30 p.m. Eastern Standard Time, Monday through Friday, except Federal holidays or when the Government facility is closed, due to local or national emergencies, administrative closings, or similar Government-directed facility closings.

C.13 Key Personnel and Qualification Requirements The Contractor shall provide experienced and qualified personnel to perform the tasks, described in the Scope of Work, listed above.

The following positions have been designated as key personnel:

1. Designated Alternate to the NRCs Declassification Program Manager (Program Manager)

Five (5) plus years of prior declassification review experience required.

2. Sr. Document Reviewer/Project Manager

31310021R0060 Page 14 Five (5) plus years of prior declassification review experience required.

3. Derivative Classifier(s)/Historical Records Reviewers Level II Three (3) to five (5) years of prior declassification review experience required.

4. Derivative Classifier(s)/Historical Records Reviewers Level I Two (2) to three (3) years of prior declassification review experience required.

5. Inventory Specialist One (1) to two (2) years of prior document inventory experience required.

C.14 Contractor Travel No travel is required under this contract.

C.15 Data Rights The NRC shall have unlimited rights to and ownership of all deliverables provided under this contract/order, including reports, recommendations, briefings, work plans and all other deliverables. All documents and materials produced under this contract/order are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without prior written authorization from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

C.16 Section 508 - Electronic and Information Technology Standards N/A C.17 Applicable Publications (Current Editions)

The Contractor shall comply with the following applicable regulations, publications, manuals, and local policies and procedures:

1. Executive Order 13526, Classified National Security Information, dated December 29, 2009.

2. Tile 32 of the Code of Federal Regulations Part 2001, Classified National Security Information, dated June 28, 2010.

3. Atomic Energy Act of 1954, as amended.

4. NRC Management Directive 12.1 NRC Facility Security Program

5. NRC Management Directive 12.2 NRC Classified Information Security Program

6. NRC Management Directive 12.5 NRC Cybersecurity Program

7. NRC Management Directive 12.6 NRC Sensitive Unclassified Information Security Program

31310021R0060 Page 15

8. NRC Management Directive 12.7 NRC Safeguards Information Security Program

9. NRC Classification and Designation Guidance C.18 Access to Classified Information This contract will require access to information up to and including the Secret level. The contract will require access to Restricted Data, Formerly Restricted Data, and National Security Information. In limited instances, the contract may require access to Foreign Government Information.

In executing the contract requirements, the contract will receive and generate classified material. All classified material generated under this contract shall be classified in accordance with current NRC classification guidance or a source document (only if the source document is entirely in the purview of another government agency).

31310021R0060 Page 16 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: NA.

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 Security and Incident Response, under Contract/order number TBD.

31310021R0060 Page 17 E - Inspection and Acceptance E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRC Contracting Officers Representative (COR) at the destination, accordance with FAR 52.247 F.o.b. Destination.

Contract Deliverables:

See Section C.6 E.2 52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)

(a) Definitions. As used in this clause--

Contractor's managerial personnel means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of -

(1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operation at any one plant or separate location where the contract is being performed; or (3) A separate and complete major industrial operation connected with the performance of this contract.

Materials includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery,

31310021R0060 Page 18 and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) below, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the hourly rate for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may -

(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to (1) fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel or (2) the conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(k) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

31310021R0060 Page 19 (End of clause)

31310021R0060 Page 20 F - Deliveries or Performance F.1 PERIOD OF PERFORMANCE ALTERNATE III This contract shall commence on TBD and will expire 1 year later. The term of this contract may be extended at the option of the Government for an additional 4 one year option periods.

Base Period: TBD to TBD Option Period(s): TBD F.2 52.242-15 STOP-WORK ORDER. (AUG 1989)

31310021R0060 Page 21 G - Contract Administration Data G.1 REGISTRATION IN FEDCONNECT (MAY 2021)

The Nuclear Regulatory Commission (NRC) uses Unison Software Inc.s secure and auditable two-way web portal, FedConnect, to communicate with vendors and contractors.

FedConnect provides bi-directional communication between the vendor/contractor and the NRC throughout pre-award, award, and post-award acquisition phases. Vendors/contractors shall use FedConnect for the submission of responses to solicitations, acknowledgment of receipt of award and modification documents; and may be required to submit monthly letter status reports and other deliverables through FedConnect as well. Please see Section C of this award for details regarding submission of deliverables.

Therefore, in order to do business with the NRC, vendors and contractors shall register to use FedConnect at https://www.fedconnect.net/FedConnect. The individual registering in FedConnect shall have authority to bind the vendor/contractor. There is no charge for using FedConnect. Assistance with FedConnect is provided by Unison, not the NRC. FedConnect contact and assistance information is provided on the FedConnect web site.

G.2 ELECTRONIC PAYMENT (DEC 2017)

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled Payment by Electronic Funds Transfer-System for Award Management.

To receive payment, the contractor shall prepare invoices in accordance with NRCs Billing Instructions. Claims shall be submitted through the Invoice Processing Platform (IPP)

(https://www.ipp.gov/). Back up documentation shall be included as required by the NRCs Billing Instructions.

G.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:

[Name: To be determined (TBD) Upon Resultant Award, Address: TBD Upon Resultant Award, Telephone Number: TBD Upon Resultant Award]

(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.

31310021R0060 Page 22 (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.

(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:

31310021R0060 Page 23 (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)

31310021R0060 Page 24 H - Special Contract Requirements H.1 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (SEP 2013)

The Contractor shall ensure that all its employees, subcontractor employees or consultants who are assigned to perform the work herein for contract performance for periods of more than 30 calendar days at NRC facilities, are approved by the NRC for unescorted NRC building access.

The Contractor shall conduct a preliminary federal facilities security screening interview or review for each of its employees, subcontractor employees, and consultants and submit to the NRC only the names of candidates for contract performance that have a reasonable probability of obtaining approval necessary for access to NRC's federal facilities. The Contractor shall pre-screen its applicants for the following:

(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of any military courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7) years.

The Contractor shall make a written record of its pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (e)), and have the applicant verify the pre-screening record or review, sign and date it. Two (2) copies of the pre-screening signed record or review shall be supplied to the Division of Facilities and Security, Personnel Security Branch (DFS/PSB) with the Contractor employee's completed building access application package.

The Contractor shall further ensure that its employees, any subcontractor employees and consultants complete all building access security applications required by this clause within fourteen (14) calendar days of notification by DFS/PSB of initiation of the application process.

Timely receipt of properly completed records of the Contractor's signed pre-screening record or review and building access security applications (submitted for candidates that have a reasonable probability of obtaining the level of access authorization necessary for access to NRC's facilities) is a contract requirement. Failure of the Contractor to comply with this contract administration requirement may be a basis to cancel the award, or terminate the contract for default, or offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the Contractor. In the event of cancellation or termination, the NRC may select another firm for contract award.

A Contractor, subcontractor employee or consultant shall not have access to NRC facilities until he/she is approved by DFS/PSB. Temporary access may be approved based on a favorable NRC review and discretionary determination of their building access security forms. Final building access will be approved based on favorably adjudicated checks by the Government.

However, temporary access approval will be revoked and the Contractor's employee may subsequently be denied access in the event the employee's investigation cannot be favorably determined by the NRC. Such employee will not be authorized to work under any NRC contract requiring building access without the approval of DFS/PSB. When an individual receives final access, the individual will be subject to a review or reinvestigation every five (5) or ten (10) years, depending on their job responsibilities at the NRC.

31310021R0060 Page 25 The Government shall have and exercise full and complete control and discretion over granting, denying, withholding, or terminating building access approvals for individuals performing work under this contract. Individuals performing work under this contract at NRC facilities for a period of more than 30 calendar days shall be required to complete and submit to the Contractor representative an acceptable OPM Standard Form 85 (Questionnaire for Non-Sensitive Positions), and two (2) FD 258 (Fingerprint Charts). Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than five (5) years residency in the U.S. will not be approved for building access. The Contractor shall submit the documents to the NRC Contracting Officers Representative (COR) who will give them to DFS/PSB.

DFS/PSB may, among other things, grant or deny temporary unescorted building access approval to an individual based upon its review of the information contained in the OPM Standard Form 85 and the Contractor's pre-screening record. Also, in the exercise of its authority, the Government may, among other things, grant or deny permanent building access approval based on the results of its review or investigation. This submittal requirement also applies to the officers of the firm who, for any reason, may visit the NRC work sites for an extended period of time during the term of the contract. In the event that DFS/PSB are unable to grant a temporary or permanent building access approval, to any individual performing work under this contract, the Contractor is responsible for assigning another individual to perform the necessary function without any delay in the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. The Contractor is responsible for informing those affected by this procedure of the required building access approval process (i.e., temporary and permanent determinations), and the possibility that individuals may be required to wait until permanent building access approvals are granted before beginning work in NRC's buildings.

CANCELLATION OR TERMINATION OF BUILDING ACCESS/ REQUEST The Contractor shall immediately notify the COR when a Contractor or subcontractor employee or consultant's need for NRC building access approval is withdrawn or the need by the Contractor employee's for building access terminates. The COR will immediately notify DFS/PSB (via e-mail) when a Contractor employee no longer requires building access. The Contractor shall be required to return any NRC issued badges to the COR for return to DFS/FSB (Facilities Security Branch) within three (3) days after their termination.

H.2 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (JUL 2016)

The contractor must identify all individuals selected to work under this contract. The NRC Contracting Officers Representative (COR) shall make the final determination of the level, if any, of IT access approval required for all individuals working under this contract/order using the following guidance. The Government shall have full and complete control and discretion over granting, denying, withholding, or terminating IT access approvals for contractor personnel performing work under this contract/order.

The contractor shall conduct a preliminary security interview or review for each employee requiring IT level I or II access and submit to the Government only the names of candidates that

31310021R0060 Page 26 have a reasonable probability of obtaining the level of IT access approval for which the employee has been proposed. The contractor shall pre-screen its applicants for the following:

(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of any military courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7) years.

The contractor shall make a written record of its pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (e)), and have the employee verify the pre-screening record or review, sign and date it. The contractor shall supply two (2) copies of the signed contractor's pre-screening record or review to the NRC Contracting Officers Representative (COR), who will then provide them to the NRC Office of Administration, Division of Facilities and Security, Personnel Security Branch with the employees completed IT access application package.

The contractor shall further ensure that its personnel complete all IT access approval security applications required by this clause within fourteen (14) calendar days of notification by the NRC Contracting Officers Representative (COR) of initiation of the application process. Timely receipt of properly completed records of the pre-screening record and IT access approval applications (submitted for candidates that have a reasonable probability of obtaining the level of security assurance necessary for access to NRC's IT systems/data) is a requirement of this contract/order. Failure of the contractor to comply with this requirement may be a basis to terminate the contract/order for cause, or to offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the contractor.

SECURITY REQUIREMENTS FOR IT LEVEL I Performance under this contract/order will involve contractor personnel who perform services requiring direct access to or operation of agency sensitive information technology systems or data (IT Level I). The IT Level I involves responsibility for: (a) the planning, direction, and implementation of a computer security program; (b) major responsibility for the direction, planning, and design of a computer system, including hardware and software; (c) the capability to access a computer system during its operation or maintenance in such a way that could cause or that has a relatively high risk of causing grave damage; or (d) the capability to realize a significant personal gain from computer access.

Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officers Representative (COR). Temporary IT access may be approved by DFS/PSB based on a favorable review or adjudication of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably review or adjudication of a completed background investigation. However, temporary access authorization approval will be revoked and the employee may subsequently be denied IT access in the event the employees investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officers Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor shall assign another contractor employee to perform the necessary work under this

31310021R0060 Page 27 contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When an individual receives final IT access approval from DFS/PSB, the individual will be subject to a reinvestigation every ten (10) years thereafter (assuming continuous performance under contracts/orders at NRC) or more frequently in the event of noncontinuous performance under contracts/orders at NRC.

CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record, and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the individual being authorized to perform work under this contract/order requiring access to sensitive information technology systems or data. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level I access. The Contractor shall submit the documents to the NRC Contracting Officers Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB review of the contractor employees security forms and/or the receipt of adverse information by NRC, the contractor individual may be denied access to NRC facilities and sensitive information technology systems or data until a final determination is made by DFS/PSB. The contractor individuals clearance status will thereafter be communicated to the contractor by the NRC Contracting Officers Representative (COR) regarding the contractor persons eligibility.

In accordance with NRCAR 2052.204-70 "Security," IT Level I contractors shall be subject to the attached NRC Form 187 and SF-86. Together, these furnish the basis for providing security requirements to contractors that have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems, remote development and/or analysis of sensitive information technology systems or data, or other access to such systems and data; access on a continuing basis (in excess more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.

SECURITY REQUIREMENTS FOR IT LEVEL II Performance under this contract/order will involve contractor personnel that develop and/or analyze sensitive information technology systems or data or otherwise have access to such systems or data (IT Level II).

The IT Level II involves responsibility for the planning, design, operation, or maintenance of a computer system and all other computer or IT positions.

Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officers Representative (COR). Temporary access may be approved by DFS/PSB based on a favorable review of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably adjudication. However, temporary access authorization approval will be revoked and the contractor employee may subsequently be denied IT access in the event the employee's investigation cannot be favorably adjudicated.

31310021R0060 Page 28 Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officers Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor is responsible for assigning another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When a contractor employee receives final IT access approval from DFS/PSB, the individual will be subject to a review or reinvestigation every ten (10) years (assuming continuous performance under contract/order at NRC) or more frequently in the event of noncontinuous performance under contract/order at NRC.

CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the contractor employee being authorized to perform work under this contract/order. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level II access. The Contractor shall submit the documents to the NRC Contracting Officers Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB review of the contractor employees security forms and/or the receipt of adverse information by NRC, the contractor employee may be denied access to NRC facilities, sensitive information technology systems or data until a final determination is made by DFS/PSB regarding the contractor persons eligibility.

In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to the attached NRC Form 187, SF-86, and contractor's record of the pre-screening. Together, these furnish the basis for providing security requirements to contractors that have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems, remote development and/or analysis of sensitive information technology systems or data, or other access to such systems or data; access on a continuing basis (in excess of more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.

CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notify the NRC Contracting Officers Representative (COR) by telephone so that the access review may be promptly discontinued. The notification shall contain the full name of the contractor employee and the date of the request. Telephone notifications must be promptly confirmed by the contractor in writing to the NRC Contracting Officers Representative (COR),

who will forward the confirmation to DFS/PSB. Additionally, the contractor shall immediately notify the NRC Contracting Officers Representative (COR) in writing, who will in turn notify DFS/PSB, when a contractor employee no longer requires access to NRC sensitive automated information technology systems or data, including the voluntary or involuntary separation of

31310021R0060 Page 29 employment of a contractor employee who has been approved for or is being processed for IT access.

The contractor shall flow the requirements of this clause down into all subcontracts and agreements with consultants for work that requires them to access NRC IT resources.

H.3 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared annually.

Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.

The Contracting Officer will transmit the NRC Contracting Officers Representatives (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.

The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information, to the contractor's Project Manager for their records as soon as practicable after it has been finalized. The completed evaluation report also will be used as a tool to improve communications between the NRC and the contractor and to improve contract performance.

The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of the report already.

H.4 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE In accordance with Appendix III, "Security of Federal Automated Information Resources," to Office of Management and Budget (OMB) Circular A-130, "Management of Federal Information Resources," NRC has established rules of behavior for individual users who access all IT computing resources maintained and operated by the NRC or on behalf of the NRC. In response to the direction from OMB, NRC has issued the "Agency-wide Rules of Behavior for Authorized Computer Use" policy, hereafter referred to as the rules of behavior. The rules of behavior for authorized computer use will be provided to NRC computer users, including contractor personnel, as part of the annual computer security awareness course.

The rules of behavior apply to all NRC employees, contractors, vendors, and agents (users) who have access to any system operated by the NRC or by a contractor or outside entity on

31310021R0060 Page 30 behalf of the NRC. This policy does not apply to licensees. The next revision of Management Directive 12.5, "NRC Automated Information Security Program," will include this policy. The rules of behavior can be viewed at https://www.nrc.gov/docs/ML1724/ML17244A084.pdf or use NRCs external Web-based ADAMS at https://www.nrc.gov/reading-rm/adams.html.

The rules of behavior are effective immediately upon acknowledgement of them by the person who is informed of the requirements contained in those rules of behavior. All current contractor users are required to review and acknowledge the rules of behavior as part of the annual computer security awareness course completion. All new NRC contractor personnel will be required to acknowledge the rules of behavior within one week of commencing work under this contract and then acknowledge as current users thereafter. The acknowledgement statement can be viewed at https://www.nrc.gov/docs/ML1724/ML17244A086.pdf or use NRCs external Web-based ADAMS at https://www.nrc.gov/reading-rm/adams.html.

The NRC Computer Security Office will review and update the rules of behavior annually beginning in FY 2011 by December 31st of each year. Contractors shall ensure that their personnel to which this requirement applies acknowledge the rules of behavior before beginning contract performance and, if the period of performance for the contract lasts more than one year, annually thereafter. Training on the meaning and purpose of the rules of behavior can be provided for contractors upon written request to the NRC Contracting Officers Representative (COR).

The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order if such subcontracts/agreements will authorize access to NRC electronic and information technology (EIT) as that term is defined in FAR 2.101.

H.5 FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OVER CONTRACTOR The National Industrial Security Program Operating Manual (NISPOM) implements the provisions of E.O. 12829, National Industrial Security Program. A company is considered to be under FOCI whenever a foreign interest has the power, direct or indirect, whether or not exercised, and whether or not exercisable through the ownership of the U.S. companys securities, by contractual arrangements or otherwise, to direct or decide matters affecting the management or operations of that company in a manner that may result in unauthorized access to classified information or may adversely affect the performance of classified information contracts. (See NRC Management Directive 12.2 - NRC Classified Information Security Program)

(a) For purposes of this clause, a foreign interest is defined as any of the following:

(1) A foreign government or foreign government agency; (2) Any form of business enterprise organized under the laws of any country other than the United States or its possessions; (3) Any form of business enterprise organized or incorporated under the laws of the U.S., or a State or other jurisdiction within the U.S., which is owned, controlled, or influenced by a foreign government, agency, firm, corporation or person; or

31310021R0060 Page 31 (4) Any person who is not a U.S. citizen.

(b) A U.S. company determined to be under FOCI is not eligible for facility clearance (FCL). If a company already has an FCL, the FCL shall be suspended or revoked unless security measures are taken to remove the possibility of unauthorized access to classified information.

(c) For purposes of this clause, subcontractor means any subcontractor at any tier and the term "contracting officer" shall mean NRC contracting officer. When this clause is included in a subcontract, the term "contractor" shall mean subcontractor and the term "contract" shall mean subcontract.

(d) The contractor shall complete and submit and SF-328, DD-441 and DD-441-1 forms, prior to contract award. The information contained in these forms may be used in making a determination as to whether a contractor is eligible to participate in the National Industrial Security Program and have a facility security clearance.

(e) The contractor shall immediately provide the contracting officer written notice of any changes in the extent and nature of FOCI over the contractor which would affect the answers to the questions presented in SF-328, "Certificate Pertaining to Foreign Interest". Further, notice of changes in ownership or control which are required to be reported to the Securities and Exchange Commission, the Federal Trade Commission, or the Department of Justice shall also be furnished concurrently to the contracting officer.

(f) In those cases where a contractor has changes involving FOCI, the NRC must determine whether the changes will pose an undue risk to the common defense and security. In making this determination, the contracting officer shall consider proposals made by the contractor to avoid or mitigate foreign influences.

(g) The contractor agrees to insert terms that conform substantially to the language of this clause including this paragraph (g) in all subcontracts under this contract that will require access to classified information and shall require such subcontractors to submit completed SF-328, DD-441 and DD-441-1 forms prior to award of a subcontract. Information to be provided by a subcontractor pursuant to this clause may be submitted directly to the contracting officer.

(h) Information submitted by the contractor or any affected subcontractor as required pursuant to this clause shall be treated by NRC to the extent permitted by law, as business or financial information submitted in confidence to be used solely for purposes of evaluating FOCI.

(i) The requirements of this clause are in addition to the requirement that a contractor obtain and retain the security clearances required by the contract. This clause shall not operate as a limitation on NRC's rights, including its rights to terminate this contract.

(j) The contracting officer may terminate this contract for default either if the contractor fails to meet obligations imposed by this clause, e.g., provide the information required by this clause, comply with the contracting officer's instructions about safeguarding classified information, or make this clause applicable to subcontractors, or if, in the contracting officer's judgment, the contractor creates a FOCI situation in order to avoid performance or a termination for default.

The contracting officer may terminate this contract for convenience if the contractor becomes subject to FOCI and for reasons other than avoidance of performance of the contract, cannot, or chooses not to, avoid or mitigate the FOCI problem.

31310021R0060 Page 32 H.6 SAFETY OF ON-SITE CONTRACTOR PERSONNEL Ensuring the safety of occupants of Federal buildings is a responsibility shared by the professionals implementing our security and safety programs and the persons being protected.

The NRC's Office of Administration (ADM) Division of Facilities and Security (DFS) has coordinated an Occupant Emergency Plan (OEP) for NRC Headquarters buildings with local authorities. The OEP has been approved by the Montgomery County Fire and Rescue Service.

It is designed to improve building occupants' chances of survival, minimize damage to property, and promptly account for building occupants when necessary.

The contractor's Project Director shall ensure that all personnel working full time on-site at NRC Headquarters read the NRC's OEP, provided electronically on the NRC Intranet at https://www.nrc.gov/docs/ML1401/ML14013A036.pdf. The contractor's Project Director also shall emphasize to each staff member that they are to be familiar with and guided by the OEP, as well as by instructions given by emergency response personnel in situations which pose an immediate health or safety threat to building occupants.

The NRC Contracting Officers Representative (COR) shall ensure that the contractor's Project Director has communicated the requirement for on-site contractor staff to follow the guidance in the OEP. The NRC Contracting Officers Representative (COR) also will assist in accounting for on-site contract persons in the event of a major emergency (e.g., explosion occurs and casualties or injuries are suspected) during which a full evacuation will be required, including the assembly and accountability of occupants. The NRC DFS will conduct drills periodically to train occupants and assess these procedures.

H.7 SECURITY REQUIREMENTS FOR ACCESS TO CLASSIFIED MATTER OR INFORMATION (SEP 2013)

Performance under this contract will require access to classified matter or information (National Security Information or Restricted Data) in accordance with the attached NRC Form 187 (See List of Attachments). Prime Contractor personnel, subcontractors or others performing work under this contract shall require a "Q" security clearance (allows access to Top Secret, Secret, and Confidential National Security Information and Restricted Data) or an "L" security clearance (allows access to Secret and Confidential National Security Information and/or Confidential Restricted Data).

The Contractor must identify all individuals to work under this contract. The NRC sponsoring office shall make the final determination of the type of security clearance required for all individuals working under this contract.

The Contractor shall conduct a preliminary security interview or review for each of its employees, subcontractor employees and consultants, and submit to the Government only the names of candidates that have a reasonable probability of obtaining the level of security clearance for which the candidate has been proposed. The Contractor will pre-screen applicants for the following:

(a) pending criminal charges or proceedings; (b) felony arrest records including alcohol related arrest within the last seven (7) years; (c) record of any military courts-martial charges and proceedings in the last seven (7) years and courts-martial convictions in the last ten (10) years; (d )any involvement in hate crimes; (e) involvement in any group or organization that espouses

31310021R0060 Page 33 extra-legal violence as a legitimate means to an end; (f) dual or multiple citizenship including the issuance of a foreign passport in the last seven (7) years; (g) illegal use possession, or distribution of narcotics or other controlled substances within the last seven (7) years; (h) financial issues regarding delinquent debts, liens, garnishments, bankruptcy and civil court actions in the last seven (7) years.

The Contractor will make a written record of their pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (h)), and have the candidate verify the record, sign and date it. Two (2) copies of the signed interview record or review will be supplied to DFS/PSB with the applicant's completed security application package.

The Contractor will further ensure that all Contractor employees, subcontractor employees and consultants for classified information access approval complete all security applications required by this clause within fourteen (14) calendar days of notification by DFS/PSB of initiation of the application process. Timely receipt of properly completed security applications (submitted for candidates that have a reasonable probability of obtaining the level of security clearance for which the candidate has been proposed) is a contract requirement. Failure of the Contractor to comply with this condition may be a basis to cancel the award, or terminate the contract for default, or offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the Contractor. In the event of termination or cancellation, the Government may select another firm for contract award.

Such Contractor personnel shall be subject to the NRC Contractor personnel security requirements of NRC Management Directive (MD) 12.3, Part I and 10 CFR Part 10.11, which is hereby incorporated by reference and made a part of this contract as though fully set forth herein, and will require a favorably adjudicated Single Scope Background Investigation (SSBI) for "Q" clearances or a favorably adjudicated Access National Agency Check and Inquiries (ANACI), or higher level investigation depending on the position the individual will occupy, for "L" clearances.

A Contractor employee shall not have access to classified information until he/ she is granted a security clearance by DFS/PSB, based on a favorably adjudicated investigation. In the event the Contractor employee's investigation cannot be favorably adjudicated, any interim access approval could possibly be revoked and the individual could be subsequently removed from performing under the contract. If interim approval access is revoked or denied, the Contractor is responsible for assigning another individual to perform the necessary work under this contract without delay to the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. The individual will be subject to a reinvestigation every five (5) years for "Q" clearances and every ten (10) years for "L" clearances.

CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to submission to the Office of Personnel Management for investigation. The individual may start working under this contract before a final clearance is granted if a temporary access determination can be made by DFS/PSB after the review of the security package. If the individual is granted a temporary access authorization, the individual may not have access to classified information under this contract until DFS/PSB has granted them the appropriate security clearance, and the

31310021R0060 Page 34 Contractor has read, understood, and signed the SF 312, "Classified Information Nondisclosure Agreement." The Contractor shall assure that all forms are accurate, complete, and legible (except for Part 2 of the questionnaire, which is required to be completed in private and submitted by the individual to the Contractor in a sealed envelope), as set forth in NRC MD 12.3. Based on DFS/PSB review of the applicant's investigation, the individual may be denied his/her security clearance in accordance with the due process procedures set forth in MD 12.3, E.O. 12968, and 10 CFR Part 10.11.

In accordance with NRCAR 2052.204-70 cleared Contractors shall be subject to the attached NRC Form 187 (See Section J for List of Attachments), MD 12.3, SF-86 and Contractor's signed record or review of the pre-screening which furnishes the basis for providing security requirements to prime Contractors, subcontractors or others who have or may have an NRC contractual relationship which requires access to classified information.

CANCELLATION OR TERMINATION OF SECURITY CLEARANCE ACCESS/REQUEST When a request for clearance investigation is to be withdrawn or canceled, the Contractor shall immediately notify the COR by telephone so that the investigation may be promptly discontinued. The notification shall contain the full name of the individual, and the date of the request. Telephone notifications must be promptly confirmed in writing by the Contractor to the COR who will forward the confirmation via email to DFS/PSB. Additionally, DFS/PSB must be immediately notified in writing when an individual no longer requires access to Government classified information, including the voluntary or involuntary separation of employment of an individual who has been approved for or is being processed for access under the NRC "Personnel Security Program."

H.8 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (MAY 2016)

NRC contractors shall ensure that their employees, consultants, and subcontractors with access to the agency's information technology (IT) equipment and/or IT services complete NRC's online initial and refresher IT security training requirements to ensure that their knowledge of IT threats, vulnerabilities, and associated countermeasures remains current. Both the initial and refresher IT security training courses generally last an hour or less and can be taken during the employee's regularly scheduled work day.

Contractor employees, consultants, and subcontractors shall complete the NRC's online annual, "Computer Security Awareness" course on the same day that they receive access to the agency's IT equipment and/or services, as their first action using the equipment/service. For those contractor employees, consultants, and subcontractors who are already working under this contract, the on-line training must be completed in accordance with agency Network Announcements issued throughout the year, within three weeks of issuance of this modification.

Additional annual required online NRC training includes but is not limited to the following:

(1) Information Security (INFOSEC) Awareness (2) Continuity of Operations (COOP) Awareness (3) Defensive Counterintelligence and Insider Threat Awareness (4) No FEAR Act

31310021R0060 Page 35 (5) Personally Identifiable Information (PII) and Privacy Act Responsibilities Awareness Contractor employees, consultants, and subcontractors who have been granted access to NRC information technology equipment and/or IT services must continue to take IT security refresher training offered online by the NRC throughout the term of the contract. Contractor employees will receive notice of NRC's online IT security refresher training requirements through agency-wide notices.

Contractor Monthly Letter Status Reports (MLSR) must include the following information for all completed training:

(1) the name of the individual completing the course; (2) the course title; and (3) the course completion date.

The MLSR must also include the following information for those individuals who have not completed their required training:

(1) the name of the individual who has not yet completed the training; (2) the title of the course(s) which must still be completed; and (3) the anticipated course completion date(s).

The NRC reserves the right to deny or withdraw Contractor use or access to NRC IT equipment and/or services, and/or take other appropriate contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.

H.9 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to the Whistleblower Employee Protection public law provisions as codified at 42 U.S.C.

5851. NRC contractor(s) and subcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and the implementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24 entitled: Your Rights Under the Energy Reorganization Act.

(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor and subcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or other employment discrimination practices with respect to compensation, terms, conditions or privileges of their employment because the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage in unlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic Energy Act of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).

31310021R0060 Page 36 (c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performed under this contract.

H.10 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS (SEP 2013)

Prior to occupying any Government provided space at NRC Headquarters in Rockville Maryland, the Contractor shall obtain written authorization to occupy specifically designated government space, via the NRC Contracting Officers Representative (COR), from the Chief, Space Design Branch, Office of Administration. Failure to obtain this prior authorization can result in one, or a combination, of the following remedies as deemed appropriate by the Contracting Officer.

(1) Rental charge for the space occupied will be deducted from the invoice amount due the Contractor (2) Removal from the space occupied (3) Contract Termination H.11 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (MARCH 2019)

The following Contractor employees, subcontractor personnel, and consultants proposed for performance or performing under this contract shall be subject to pre-assignment, random, reasonable suspicion, and post-accident drug testing: (1) individuals who have access to classified information (National Security Information and/or Restricted Data); (2) individuals who have access to Safeguards information (section 147 of the Atomic Energy Act of 1954, as amended); (3) individuals who are authorized to carry firearms while performing work under this contract; (4) individuals who are required to operate government vehicles or transport passengers for the NRC; (5) individuals who are required to operate hazardous equipment at NRC facilities; (6) individuals who administer the agencys drug program or who have Employee Assistance Program duties; (7) individuals who have unescorted access to vital or protected areas of Nuclear Power Plants, Category 1 Fuel Cycle Facilities, or Uranium Enrichment Facilities; or (8) incident/emergency response personnel (including on-call).

H.12 GREEN PURCHASING (SEP 2015 )

(a) In furtherance of the sustainable acquisition goals of Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade," products and services provided under this contract/order shall be energy efficient (EnergyStar or Federal Energy Management Program -

FEMP-designated products), water efficient, biobased, environmentally preferable (excluding EPEAT-registered products), non-ozone depleting, contain recycled content, or are non-or low toxic alternatives or hazardous constituents (e.g., non-VOC paint), where such products and services meet agency performance requirements. See: Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade."

(b) The NRC and contractor may negotiate during the contract term to permit the substitution or addition of designated recycled content products (i.e., Comprehensive Procurement Guidelines

- CPG), EPEAT-registered products, EnergyStar-and FEMP designated energy efficient

31310021R0060 Page 37 products and appliances, USDA designated biobased products (Biopreferred program),

environmentally preferable products, WaterSense and other water efficient products, products containing non-or lower-ozone depleting substances (i.e., SNAP), and products containing non-or low-toxic or hazardous constituents (e.g., non-VOC paint), when such products and services are readily available at a competitive cost and satisfy the NRCs performance needs.

(c) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order.

H.13 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. lt is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.

H.14 KEY PERSONNEL. (JAN 1993)

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

Designated Alternate to NRC Declassification Program Manager; Derivative Classifiers/Historical Record Reviewers; Inventory Specialist

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.

31310021R0060 Page 38 H.15 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT 1999)

(a) The following representation is required by the NRC Acquisition Regulation 2009.105-70(b). It is not NRC policy to encourage offerors and contractors to propose current/former agency employees to perform work under NRC contracts and as set forth in the above cited provision, the use of such employees may, under certain conditions, adversely affect NRC's consideration of non-competitive proposals and task orders.

(b) There [ ] are [ ] are no current/former NRC employees (including special Government employees performing services as experts, advisors, consultants, or members of advisory committees) who have been or will be involved, directly or indirectly, in developing the offer, or in negotiating on behalf of the offeror, or in managing, administering, or performing any contract, consultant agreement, or subcontract resulting from this offer. For each individual so identified, the Technical and Management proposal must contain, as a separate attachment, the name of the individual, the individual's title while employed by the NRC, the date individual left NRC, and a brief description of the individual's role under this proposal.

(End of Provision)

31310021R0060 Page 39 I - Contract Clauses I.1 52.202-1 DEFINITIONS. (JUN 2020)

I.2 52.203-3 GRATUITIES. (APR 1984)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

I.4 52.203-7 ANTI-KICKBACK PROCEDURES. (JUN 2020)

I.5 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

I.6 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY.

(MAY 2014)

I.7 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (JUN 2020)

I.8 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (JUN 2020)

I.9 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS. (JAN 2017)

I.10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER. (MAY 2011)

I.11 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011)

I.12 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS. (JUN 2020)

I.13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

I.14 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014)

I.15 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. (JUN 2016)

I.16 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL. (JAN 2017)

I.17 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES. (JUL 2018)

I.18 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (AUG 2020)

I.19 52.207-3 RIGHT OF FIRST REFUSAL OF EMPLOYMENT. (MAY 2006)

31310021R0060 Page 40 I.20 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT.

(JUN 2020)

I.21 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015)

I.22 52.222-3 CONVICT LABOR. (JUN 2003)

I.23 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION. (MAY 2018)

I.24 52.222-17 RESERVED I.25 52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015)

I.26 52.222-26 EQUAL OPPORTUNITY. (SEP 2016)

I.27 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT. (DEC 2010)

I.28 52.222-50 COMBATING TRAFFICKING IN PERSONS. (OCT 2020)

I.29 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015)

I.30 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2011)

I.31 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. (JUN 2020)

I.32 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (FEB 2021)

I.33 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS. (AUG 2012)

I.34 52.232-18 AVAILABILITY OF FUNDS. (APR 1984)

I.35 52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

I.36 52.232-25 PROMPT PAYMENT. (JAN 2017)

I.37 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

I.38 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (DEC 2013)

I.39 52.233-1 DISPUTES. (MAY 2014)

I.40 52.233-3 PROTEST AFTER AWARD. (AUG 1996)

I.41 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

31310021R0060 Page 41 I.42 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (APR 1984)

I.43 52.242-13 BANKRUPTCY. (JUL 1995)

I.44 52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS. (SEP 2000)

I.45 52.244-2 SUBCONTRACTS. (JUN 2020)

I.46 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (NOV 2020)

I.47 52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)

I.48 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES)

(SHORT FORM). (APR 1984)

I.49 52.249-14 EXCUSABLE DELAYS. (APR 1984)

I.50 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-(1) It is ___ is not ___ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is ___ is not ___ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

31310021R0060 Page 42 I.51 52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding TBDdollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is TBDdollars.

(End of clause)

I.52 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 [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

I.53 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 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least [60 days unless a different number of days is inserted]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 [(months)(years)].

(End of clause)

I.54 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS. (JAN 2017)

The Small Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

31310021R0060 Page 43 (c) Except for novation agreements, delegates to the U.S. Nuclear Regulatory Commission the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the U.S. Nuclear Regulatory Commission shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the U.S. Nuclear Regulatory Commission.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the Disputes clause of said subcontract.

(f) To notify the U.S. Nuclear Regulatory Commission Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(End of clause)

I.55 52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS. (OCT 2019)

(a) The Small Business Administration (SBA) has entered into Contract No. [insert number of contract] with the [insert name of contracting agency] to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) The [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the [insert name of contracting agency] with complete authority to take any action on behalf of the Government under the conditions of this subcontract.

(3) That it will notify the [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the [insert name of contracting agency].

(End of clause)

31310021R0060 Page 44 I.56 52.219-14 LIMITATIONS ON SUBCONTRACTING. (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to-(1) Contracts that have been set aside for small business concerns or 8(a) participants; (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; (3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and (4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for-(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies).

The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause-(Contracting Officer check as appropriate.)

[X] By the end of the base term of the contract and then by the end of each subsequent option period; or

[ ] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

(End of clause)

31310021R0060 Page 45 I.57 52.219-17 SECTION 8(A) AWARD. (OCT 2019)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements, delegates to the [insert name of contracting activity] the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the [insert name of contracting agency] Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(End of clause)

I.58 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary

31310021R0060 Page 46 changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

I.59 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov (End of clause)

31310021R0060 Page 47 J - List of Documents, Exhibits and Other Attachments Attachment Number Title Date Number of Pages 1 (Billing Instructions for Labor-Hour or Time-and-Materials Contracts) 07/06/2021 7

2 - (Monthly Letter Status Report Instructions & Template) 07/06/2021 10 3 (Past Performance Survey) 07/06/2021 5

4 - NRC Form 187 07/06/2021 4

31310021R0060 Page 48 K - Representations, Certifications, and Other Statements of Bidders K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (SEP 2007)

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

___ (i) Paragraph (d) applies.

___ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-(A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

31310021R0060 Page 49 (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business).

This provision applies to solicitations that-(A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

31310021R0060 Page 50 (C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than

$50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than

$83,099, the provision with its Alternate II applies.

31310021R0060 Page 51 (D) If the acquisition value is $83,099 or more but is less than

$100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

[ ] (i) 52.204-17, Ownership or Control of Offeror.

[ ] (ii) 52.204-20, Predecessor of Offeror.

[ ] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[ ] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

[ ] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

[ ] (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[ ] (vii) 52.227-6, Royalty Information.

[ ] (A) Basic.

[ ] (B) Alternate I.

[ ] (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM

31310021R0060 Page 52 information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

(End of provision)

K.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

31310021R0060 Page 53 (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE

31310021R0060 Page 54 code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

31310021R0060 Page 55 (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-(i) The Offeror and/or any of its Principals-(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and (D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A

31310021R0060 Page 56 liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment.

A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C.

§6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

31310021R0060 Page 57 (2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018)

(a) Definitions. As used in this provision-Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-(1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

31310021R0060 Page 58 Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-(A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

K.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (NOV 2020)

31310021R0060 Page 59 (a) Definitions. As used in this provision-Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern-(1) Means a small business concern-(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2),

with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern-(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

31310021R0060 Page 60 (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern-(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern-(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is - [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees.

(c) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

31310021R0060 Page 61 (3) (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it

[ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. (Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.) The offeror represents as part of its offer that-(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. (The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

____________________________.) Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. (Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.)

The offeror represents as part of its offer that-(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. (The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________________________.) Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it

[ ] is, [ ] is not a veteran-owned small business concern.

(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.) The offeror represents as

31310021R0060 Page 62 part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that-(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. (The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:

________________________.) Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-(1) Be punished by imposition of fine, imprisonment, or both; (2) Be subject to administrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (FEB 1999)

The offeror represents that-(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; (b) It [ ] has, [ ] has not, filed all required compliance reports; and

31310021R0060 Page 63 (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE. (APR 1984)

The offeror represents that (a) it [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or (b) it [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

K.9 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION. (AUG 2009)

(a) Definitions. As used in this provision--

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means--

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan;

31310021R0060 Page 64 (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended.

(b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(End of provision)

K.10 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS. (JUN 2020)

(a) Definitions. As used in this provision-Person-(1) Means-(i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology-(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-(i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

31310021R0060 Page 65 (b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with Federal Acquisition Regulation (FAR) 25.703-4, by submission of its offer, the offeror-(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if-(1) This solicitation includes a trade agreements notice or certification (e.g.,

52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

31310021R0060 Page 66 L - Instructions,Conditions, and Notices to Bidders L.1 PROPOSAL PRESENTATION AND FORMAT - ALTERNATE II (FOR NEGOTIATED FIXED-PRICE, LABOR-HOUR, OR TIME-AND-MATERIALS CONTRACTS/ORDERS)

(a) Information submitted in response to this solicitation must be typed, printed, or reproduced on letter-size paper and each copy must be legible. Offerors are hereby notified that all information provided including all resumes, must be accurate, truthful, and complete to the best of the offeror's knowledge and belief. The Agency will rely upon all representations made by the offeror both in the evaluation process and for the performance of the work by the offeror selected for award. The Agency may require the offeror to substantiate the credentials, education, and employment history of its employees, subcontractor personnel, and consultants, through submission of copies of transcripts, diplomas, licenses, etc.

(b) The offeror must submit the following material which will constitute its offer, as defined by FAR 2.101, in two separate and distinct parts at the date and time specified in Block 9 of the SF 33 for receipt of sealed offers.

(c) Electronic Proposal Submission (include in solicitation if authorized by CO)

Offerors shall provide a proposal to the NRC comprised of a technical and price portion separated into individual proposals and volumes. The proposal shall contain a statement indicating the period of time the proposal is in effect; not less than 60 calendar days from the solicitation due date unless otherwise stated in writing by the contracting officer. The proposal shall be submitted electronically via email to the agency point of contact by the due date and time specified in the solicitation. Electronic versions of the technical proposal shall be formatted in Microsoft Word and electronic versions of the price proposal shall be formatted in Microsoft Excel or in a spreadsheet convertible to Microsoft Excel. NRC is not responsible for technical difficulties associated with the transmission of any electronic files to the NRC. Please note that the maximum size for email attachments to the NRC is 10MB. If your proposal exceeds this email size limitation, the proposal may be broken down and submitted into separates sections or volumes. However, please note that all emails related to the proposal shall arrive before the specified due date and time in the solicitation. Accordingly, offerors are encouraged to email larger proposals submissions early enough to avoid being late. Any portion of the proposal received after the due date and time will be considered late and not evaluated.

(d) Proposal (1) Part 1 - Solicitation Package/Offer. One (1) electronic signed copy of this solicitation offer. All applicable sections must be completed by the offeror..

(2) Part 2 - Cost Proposal. One (1) electronic copy of the "Cost Proposal."

(i) The cost proposal shall be submitted separately from the Technical Proposal and Supporting Documentation (as applicable).

Page Limitations. A cover letter, title page, table of contents, table of figures, list of tables and glossary of abbreviations & acronyms, resumes and letters of commitment do not count against page count limitations. Proposal contents that exceed the stated page limitations will be removed from the proposal by the Contracting Officer and will not be considered in the evaluation. The

31310021R0060 Page 67 following table provides the page limitations for each proposal volume:

Volume Page Limit Submission Method I. Technical Proposal Volume 75 Pages Electronically via E-Mail II. Cost/Price Proposal Volume Unlimited Electronically via E-Mail (ii) Submittal of information other than cost or pricing data shall be made in accordance with FAR 52.215-20 Alternate IV.

(e) "Written Technical Proposal" one (1) electronic copy.

(1) The written Technical Proposal may not contain any reference to cost. Resource information, such as data concerning labor hours and categories, materials, subcontracts, travel, computer time, etc., must be included so that the offeror's understanding of the scope of work may be evaluated.

(2) The offeror shall submit in the written Technical Proposal or Oral Presentation and Supporting Documentation full and complete information as set forth below to permit the Government to make a thorough evaluation and a sound determination that the proposed approach will have a reasonable likelihood of meeting the requirements and objectives of this procurement.

(3) The written Technical Proposal or Oral Presentation and Supporting Documentation must be tailored to assure that all information reflects a one-to-one relationship to the evaluation criteria.

(4) Statements which paraphrase the statement of work without communicating the specific approach proposed by the offeror, or statements to the effect that the offeror can or will comply with the statement of work, may be construed as an indication of the offeror's lack of understanding of the statement of work and objectives.

(f) Written Technical or Oral Presentation and Supporting Documentation Requirements --

Instructions.

(End of Provision)

L.2 GREEN PURCHASING (JUL 2016)

The offerors cost proposal or quotation shall include the following information to identify the major category(ies) of environmental products and/or services included in the proposal, as applicable. The offerors shall list planned use of the following sustainable (green) acquisition categories from the list below.

Green Purchasing Categories:

EPA Designated Product Category -

Comprehensive Procurement Guidelines (CPG) designated products containing recovered materials (also known as recycled-content products)

Recovered Materials/Sustainability Product Categories -

31310021R0060 Page 68

Energy efficient products o ENERGY STAR products o Federal Energy Management Program (FEMP)-designated product

Biobased products (USDA BioPreferred products)

Environmentally preferable products o Electronic Product Environmental Assessment Tool (EPEAT)-registered products o Water-efficient products (e.g., EPA WaterSense) o Non-toxic/less toxic products o EPA Significant New Alternatives Policy Program (SNAP)-listed products o Other Environmentally Preferable L.3 2052.215-72 TIMELY RECEIPT OF PROPOSALS. (OCT 1999)

Sealed offers for furnishing the services or supplies in the schedule are due at the date and time stated in block 9 of Standard Form 33, Solicitation, Offer and Award. Offers sent through the U.S. Mail (including U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee) must be addressed to the place specified in the solicitation. All hand-carried offers including those made by private delivery services (e.g., Federal Express and Airborne Express) must be delivered to the NRC loading dock security station located at 11545 Rockville Pike, Rockville, Maryland 20852 and received in the depository located in Room T-7-I-2. All offerors should allow extra time for internal mail distribution or for pickup of hand-carried deliveries. The NRC is a secure facility with perimeter access-control and NRC personnel are only available to receive hand-carried offers during normal working hours, 7:30 AM - 3:30 PM, Monday through Friday, excluding Federal holidays.

(End of Provision)

L.4 2052.215-73 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (OCT 1999)

(a) All offerors will be notified of their exclusion from the competitive range in accordance with FAR 15.503(a)(1). Under the requirements of FAR 15.503(a)(2), preliminary notification will be provided before award for small business set-aside procurements on negotiated procurements. The contracting officer shall provide written postaward notice to each unsuccessful offeror in accordance with FAR 15.503(b).

(b) The contracting officer is the only individual who can legally commit the NRC to the expenditure of public funds in connection with this procurement. This means that, unless provided in a contract document or specifically authorized by the contracting officer, NRC technical personnel may not issue contract modifications, give informal contractual

31310021R0060 Page 69 commitments, or otherwise bind, commit, or obligate the NRC contractually. Informal contractual commitments include:

(1) Encouraging a potential contractor to incur costs before receiving a contract; (2) Requesting or requiring a contractor to make changes under a contract without formal contract modifications; (3) Encouraging a contractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable; and (4) Committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.

(End of Clause)

L.5 2052.215-74 DISPOSITION OF PROPOSALS. (JAN 1993)

After award of the contract, one copy of each unsuccessful proposal is retained by the NRC's Division of Contracts and Property Management in accordance with the General Records Schedule 3(5)(b). Unless return of the additional copies of the proposals is requested by the offeror upon submission of the proposals, all other copies will be destroyed. This request should appear in a cover letter accompanying the proposal.

(End of Provision)

L.6 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION.

(FEB 1999)

L.7 52.237-1 SITE VISIT. (APR 1984)

L.8 52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)

(a) Definitions. As used in this provision-Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that-(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM; (2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service

31310021R0060 Page 70 (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active".

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

31310021R0060 Page 71 (End of provision)

L.9 52.216-1 TYPE OF CONTRACT. (APR 1984)

The Government contemplates award of a Labor-Hour contract resulting from this solicitation.

(End of provision)

L.10 52.216-30 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS--

NON-COMMERCIAL ITEM ACQUISITION WITHOUT ADEQUATE PRICE COMPETITION.

(FEB 2007)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify separate fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit for each category of labor to be performed by--

(1) The offeror; (2) Each subcontractor; and (3) Each division, subsidiary, or affiliate of the offeror under a common control.

(c) Unless exempt under paragraph (d) of this provision, the fixed hourly rates for services transferred between divisions, subsidiaries, or affiliates of the offeror under a common control--

(1) Shall not include profit for the transferring organization; but (2) May include profit for the prime Contractor.

(d) The fixed hourly rates for services that meet the definition of commercial item at 2.101 that are transferred between divisions, subsidiaries, or affiliates of the offeror under a common control may be the established catalog or market rate when it is the established practice of the transferring organization to price interorganizational transfers at other than cost for commercial work of the offeror or any division, subsidiary or affiliate of the offeror under a common control.

(End of provision)

L.11 52.233-2 SERVICE OF PROTEST. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

[Contracting Officer designate the official or location where a protest may be served on the Contracting Officer].

31310021R0060 Page 72 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

L.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): [Insert one or more Internet addresses]

(End of provision)

L.13 INSTRUCTIONS, CONDITIONS & NOTICES The Government intends to award a contract to the responsible offeror whose offer conforming to the solicitation represents the best value to the Government, cost/price and other factors considered. Evaluation factors are divided into two categories of factors: non-cost/price factors and the cost/price factor.

The following factors will be used to evaluate offers. Factor 1 Personnel Qualifications, Factor 2 Technical Approach, and Factor 3 Past Performance are of equal importance. The three non-cost/price factors, when combined, are of significant more importance than price. The offeror will be evaluated on a pass/fail basis.

Evaluation Factor #1: Personnel Capabilities The offeror shall discuss the professional qualifications and experience of the proposed personnel with respect to performing the requirement outlined in the Statement of Work (SOW),

as well as a description of the role(s) and responsibilities they will have on this effort as described in the SOW. (Refer to SOW paragraph C.13 Required Personnel and Qualification Requirements.)

Offerors shall identify the proposed organizational resources to be dedicated to the effort. The Offeror shall provide resumes for all proposed personnel. Offers shall identify the team members proposed, their associated skill sets, labor category and title.

Declassification Program Manager - Five (5) plus years of prior declassification review experience required.

Sr. Document Reviewer/Project Manager - Five (5) plus years of prior declassification review experience required.

Historical Records Reviewer II - Three (3) to five (5) years of prior declassification review experience required.

31310021R0060 Page 73 Historical Records Reviewer I - Two (2) to three (3) years of prior declassification review experience required.

Inventory Specialist - One (1) to two (2) years of prior document inventory experience required.

Resumes: For all personnel proposed offerors shall provide resumes (no longer than three (3) pages each). The resume shall include a section that focuses on education or professional experience with a direct relevance to this particular SOW. Resumes shall be considered as Attachments to the offerors proposal and as such will not count against the limit of 75 pages.

RESUME FORMAT

i. Name and Title ii. Name of Firm with which associated iii. Years of Experience - with this Firm - with other Firms iv. Education: - Degree (s) /Year/Specialization

v. Other Experience and Qualifications relevant to the SOW For all proposed key personnel, provide an employee-signed statement of availability. For those proposed key personnel who are indicated as contingency hires (contractor personnel who have agreed to work for you contingent upon the award of this contract), the offeror shall provide a letter of intent signed by the contingency hire.

Evaluation Factor #2: Technical Approach The offeror shall substantiate their understanding of the requirements of this contract as stated in the SOW. The offeror shall provide a program management plan that clearly describes the offerors planned technical and management approach to performing the effort described in the SOW. Offerors shall describe their proposed technical approach, methodology, quality control measures to be used; problems and risks anticipated, as well as their risk mitigation plans, and the deliverables they will provide.

Evaluation Factor #3: Past Performance The offeror shall submit at least two (2) references for contracts performed in the past 3 years.

Offerors shall discuss its successful past performance on contracts similar in size and scope to this requirement. List any awards received, provide letters of commendations, etc., that will demonstrate the offerors record of past performance. Provide any other pertinent information that will aid in the evaluation of the offerors performance record. Offerors shall list and discuss all prior contracts terminated for default, and whether any show cause letters, cure notices, or poor performance letters have been received. If offerors have not had a prior contract terminated for default, and have not received any show cause letters, cure notices, or poor performance letters, they should inform the NRC by stating a negative response or by stating none have been received. If offerors have not had a prior contract terminated for default, and have not received any show cause letters, cure notices, or poor performance letters, they should inform the NRC by stating a negative response or by stating none have been received.

31310021R0060 Page 74 M - Evaluation Factors for Award M.1 2052.215-79 CONTRACT AWARD AND EVALUATION OF PROPOSALS. (OCT 1999)

(a) By use of narrative and numerical (as appropriate) scoring techniques, proposals are evaluated against the evaluation factors specified in paragraph M.4 below. These factors are listed in their relative order of importance.

(b) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value, as defined in FAR 2.101, after evaluation in accordance with the factors and subfactors in the solicitation.

(c) The Government may:

(1) Reject any or all proposals if the action is in the Government's interest.

(2) Waive informalities and minor irregularities in proposals received.

(d) The Government intends to evaluate proposals and award a contract without discussions with offerors. The Government reserves the right to seek proposal clarifications (e.g., capability issues as described in FAR 15.306(a) or minor or clerical errors as described in FAR 14.407); and hold communications as described in FAR 15.306(b)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(e) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(f) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(g) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(h) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

31310021R0060 Page 75 (i) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(j) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(k) A separate cost analysis is performed on each cost proposal. To provide a common base for evaluation of cost proposals, the level of effort data must be expressed in staff hours. Where a Contractor Spending Plan (CSP) is required by other provisions of this solicitation, consideration is given to the Plan for completeness, reasonableness, and as a measure of effective management of the effort.

To be incorporated into the solicitation.

(End of Provision)

M.2 52.217-5 EVALUATION OF OPTIONS. (JUL 1990)

M.3 EVALUATION FACTORS Evaluation Factor #1: Personnel Capabilities The offeror shall discuss the professional qualifications and experience of the proposed personnel with respect to performing the requirement outlined in the Statement of Work (SOW), as well as a description of the role(s) and responsibilities they will have on this effort as described in the SOW. (Refer to SOW paragraph C.13 Required Personnel and Qualification Requirements.)

Offerors shall identify the proposed organizational resources to be dedicated to the effort. The Offeror shall provide resumes for all proposed personnel. Offers shall identify the team members proposed, their associated skill sets, labor category and title.

Declassification Program Manager - Five (5) plus years of prior declassification review experience required.

Sr. Document Reviewer/Project Manager - Five (5) plus years of prior declassification review experience required.

Historical Records Reviewer II - Three (3) to five (5) years of prior declassification review experience required.

Historical Records Reviewer I - Two (2) to three (3) years of prior declassification review experience required.

Inventory Specialist - One (1) to two (2) years of prior document inventory experience required.

Evaluation Factor #2: Technical Approach

31310021R0060 Page 76 The offeror shall substantiate their understanding of the requirements of this contract as stated in the SOW. The offeror shall provide a program management plan that clearly describes the offerors planned technical and management approach to performing the effort described in the SOW. Offerors shall describe their proposed technical approach, methodology, quality control measures to be used; problems and risks anticipated, as well as their risk mitigation plans, and the deliverables they will provide.

Evaluation Factor #3: Past Performance The offeror shall discuss its successful past performance on contracts similar in size and scope to this requirement. List any awards received, provide letters of commendations, etc., that will demonstrate the offerors record of past performance. Provide any other pertinent information that will aid in the evaluation of the offerors performance record. Offerors shall list and discuss all prior contracts terminated for default, and whether any show cause letters, cure notices, or poor performance letters have been received. If offerors have not had a prior contract terminated for default, and have not received any show cause letters, cure notices, or poor performance letters, they should inform the NRC by stating a negative response or by stating none have been received. If offerors have not had a prior contract terminated for default, and have not received any show cause letters, cure notices, or poor performance letters, they should inform the NRC by stating a negative response or by stating none have been received. The offeror shall submit at least two (2) references for contracts performed in the past 3 years.

Each contract reference shall be limited to one (1) page in length, to include:

(a) Contract Number; (b) Contract Type; (c) Period of Performance; (d) Dollar Amount; (e) Name and Address of Government Agency/Commercial Firm; (f) Contracting Officers Name, Telephone Number and E-mail Address; (g) Technical Representatives Name, Telephone Number and E-mail Address; (h) Brief description of the type of work and how work is similar to NRCs requirement.

If the offeror is proposing subcontractors as part of this requirement then the offeror must provide at least three (3) references for contracts performed in the past three years that are similar in nature to this SOW for each subcontractor. The Offeror shall provide the Past Performance Survey/Questionnaire form and the correlating cover letter, Attachment 3, to their references. The Offerors selected references should complete the form and return it directly to the NRC Contract Specialist via email at Geoffrey.Coleman@nrc.gov no later than the closing date of this solicitation. The Offeror is responsible for ensuring that their references have complied with this request. The NRC is not responsible for technical or administrative difficulties associated with the submittal of the questionnaires. At the discretion of NRC, the NRC reserves the right to contact one or all sources identified in references regarding past performance information. The NRC may also consult other sources of past performance information.

COST/PRICE PROPOSAL The Government will evaluate the Cost/Price as reflected in the offerors cost proposal will be

31310021R0060 Page 77 evaluated for reasonableness, realism, and allow-ability.

Version Control Date: August 16, 2017 ATTACHMENT 1 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)

General: During performance and through final payment of this contract, the contractor is responsible for the accuracy and completeness of data within the System for Award Management (SAM) database and the Invoice Processing Platform (IPP) system and for any liability resulting from the Government's reliance on inaccurate or incomplete SAM and/or IPP data.

The contractor shall prepare invoices/vouchers for payment of deliverables identified in the contract, in the manner described herein. FAILURE TO SUBMIT INVOICESNOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICENOUCHER AS IMPROPER.

Electronic lnvoiceNoucher Submissions: Invoices/vouchers shall be submitted electronically to the U.S. Nuclear Regulatory Commission (NRC) is through the Invoice Processing Platform (IPP) at www.ipp.gov.

Purchase of Capital Property: ($50,000 or more with life of one year or longer)

Contractors must report to the Contracting Officer, electronically, any capital property acquired with contract funds having an initial cost of $50,000 or more, in accordance with procedures set forth in NRC Management Directive (MD) 11.1, NRC Acquisition of Supplies and Services.

Agency Payment Office: Payment will be made by the office designated in the contract in Block 12 of the Standard Form 26, or Block 25 of the Standard Form 33, whichever is applicable.

Frequency: The contractor shall submit claims for reimbursement once each month, unless otherwise authorized by the Contracting Officer.

Supporting Documentation: Any supporting documentation required to substantiate the amount billed shall be included as an attachment to the invoice created in IPP. If the necessary supporting documentation is not included, the invoice will be rejected.

Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task order with detailed cost information included as Supporting Documentation. This includes all applicable cost elements and other items discussed in paragraphs (a) through U) of the attached instructions.

Billing of Costs after Expiration of Contract: If costs are incurred during the contract period and claimed after the contract has expired, you must cite the period during which these costs were incurred. To be considered a proper expiration invoice/voucher, the contractor shall clearly mark it "EXPIRATION INVOICE" or "EXPIRATION VOUCHER".

Final invoices/vouchers shall be marked "FINAL INVOICE" or "FINAL VOUCHER".

-?U.S.NRC Version Control Date: August 16, 2017 ATTACHMENT 1 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)

Currency: lnvoicesNouchers must be expressed in U.S. Dollars.

Supersession: These instructions supersede previous Billing Instructions for Time-and-Materials/Labor-Hour Type Contracts (JAN 2015).

Does my company need to register in /PP?

If your company is currently registered in IPP and doing business with other Federal Agencies in IPP, you will not be required to re-register.

If your company is not currently registered in IPP, please note the following:

You will be receiving an invitation to register for IPP from IPP Customer Support, STLS. IPPHELPDESK@stls.frb.org.

IPP Customer Support will send you two emails: the first email will contain the initial administrative IPP User ID and the second email, sent within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months of receipt of the first email, will contain a temporary password.

Please add the Customer Support email address {STLS.IPPHELPDESK@stls.frb.org) to your address book so you do not disregard these emails or mistake them for spam.

During registration, one initial administrative user account will be created for your company and this user will be responsible for setting up all other user accounts including other administrators.

Registration is complete when the initial administrative user logs into the IPP web site with the User ID and password provided by Treasury and accepts the rules of behavior.

What type of is training provided?

Vendor training materials, including a first time login tutorial, user guides, a quick reference guide, and frequently asked questions are available on Treasury's IPP website. Individuals within your company responsible for submitting invoices should review these materials before work begins on the contract.

How do I receive assistance with /PP?

Treasury's IPP Customer Support team provides vendor assistance related to the IPP application, and is also available to assist IPP users and to answer any questions related to accessing IPP or completing the registration process. IPP application support is also available via phone at (866) 973-3131, Monday through Friday from 8:00 am to 6:00 pm ET, and via email at IPPCustomerSupport@fiscal.treasury.gov.

Specific questions regarding your contract or task order should be directed to the appropriate NRC Contracting Officer.

7 U.S.NRC Version Control Date: August 16, 2017 ATTACHMENT 1 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)

INVOICENOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT-INVOICE ATTACHMENT)

a. Billing period. Insert the beginning and ending dates (day, month, year) of the period during which costs were incurred and for which reimbursement is requested.

b. Labor Hours Expended. Provide a general summary description of the services performed and associated labor hours utilized during the invoice period. Specify the Contract Line Item Number (CUN) or SubCLIN, as applicable, and information pertaining to the contract's labor categories/positions, and corresponding authorized hours.

c. Property. For contractor acquired property, list each item with an initial acquisition cost of

$50,000 or more and provide: (1) an item description, (2) manufacturer, (3) model number, (4) serial number, (5) acquisition cost, (6) date of purchase, and (7) a copy of the purchasing document.

d. Shipping. Insert weight and zone of shipment, if shipped by parcel post.

e. Charges for freight or express shipments. Attach prepaid bill if shipped by freight or express.

f.

Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.

g. Direct Costs. Insert the amount billed for the following cost elements, adjustments, suspensions, and total amounts, for both the current billing period and for the cumulative period (from contract inception to end date of this billing period).

1. Direct (Burdened) Labor. This consists of salaries and wages paid (or accrued) for direct performance of the contract itemized, including a burden (or load) for indirect costs (i.e., fringe, overhead, General and Administrative, as applicable), and profit component, as follows:

Labor Category Hours Billed Burdened Hourly Rate Cumulative Total Hours Billed

2. Contractor-acquired property ($50,000 or more). List each item costing $50,000 or more and having a life expectancy of more than one year. List only those items of equipment

7 U.S.NRC Uumil Saiu Noc.ks,.L:p,JU11rr Caruahatan

~lwplr,m,/d,,Eon,m,,,..,.,t Version Control Date: August 16, 2017 ATTACHMENT 1 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017) for which reimbursement is requested. For each such item, list the following (as applicable): (a) an item description, (b) manufacturer, (c) model number, (d) serial number, (e) acquisition cost, (f) date of purchase, and (g) a copy of the purchasing document.

3. Contractor-acquired property (under $50,000), Materials, and Supplies. These are equipment other than that described in (2) above, plus consumable materials and supplies. List by category. List items valued at $1,000 or more separately. Provide the item number for each piece of equipment valued at $1,000 or more.

4. Materials Handling Fee. Indirect costs allocated to direct materials in accordance the contractor's usual accounting procedures.

5. Consultant Fee. The supporting information must include the name, hourly or daily rate of the consultant, and reference the NRC approval (if not specifically approved in the original contract).

6. Travel. Total costs associated with each trip must be shown in the following format:

Start Date From To Destination From To Costs (Must include separate detailed costs for airfare, per diem, and other transportation expenses. All costs must be adequately supported by copies of receipts or other documentation.)

7. Subcontracts. Include separate detailed breakdown of all costs paid to approved subcontractors during the billing period.

h. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.

i.

Adjustments. Insert columns for any adjustments, including outstanding suspensions for unsupported or unauthorized hours or costs, for the current and cumulative periods.

j.

Grand Totals.

, U.S.NRC Version Control Date: August 16, 2017 ATTACHMENT 1 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)

3. Sample lnvoiceNoucher Information (to be included as an attachment)

Sample lnvoiceNoucher Information (Supporting Documentation must be attached)

This invoice/voucher represents reimbursable costs for the billing period from __ through __

Amount Billed Current Period Cumulative (a)

Direct Costs

( 1)

Direct burdened labor (2)

Government property ($50,000 or more)

(3)

Government property, Materials, and Supplies (under $50,000 per item)

(4)

Materials Handling Fee (5)

Consultants Fee (6)

Travel (7)

Subcontracts Total Direct Costs:

(b)

Total Amount Billed (c)

Adjustments ( +/-)

(d)

Grand Total (The invoice/voucher format provided above must include information similar to that included below in the following to ensure accuracy and completeness.)

SAMPLE SUPPORTING INFORMATION The budget information provided below is for format purposes only and is illustrative.

Cost Elements:

1)

Direct Burdened Labor - $4,800 Labor Category Senior Engineer I Engineer Hours Billed 100 50 Burdened Rate

$28.00

$20.00 Total

$2,800

$1,000 Cumulative Hours Billed 975 465

2) 7 U.S.NRC Version Control Date: August 16, 2017 ATTACHMENT 1 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)

Computer Analyst 100

$10.00

$1,000

$4,800 Burdened labor rates must come directly from the contract.

320 1,760 hrs.

Government-furnished and contractor-acquired property ($50,000 or more) - $60,000 Prototype Spectrometer - item number 1000-01 = $60,000

3)

Government-furnished and contractor-acquired property (under $50,000), Materials, and Supplies - $2,000 10 Radon tubes@ $110.00 6 Pairs Electrostatic gloves@ $150.00

4)

Materials Handling Fee - $40 (2% of $2,000 in item #3)

5)

Consultants' Fee - $100

= $1,100

= $ 900

$2,000 Dr. Carney - 1 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months fully-burdened@ $100 = $100

6)

Travel - $2,640 (i)

Airfare: (2 Roundtrip trips for 1 person @ $300 per r/t ticket)

7)

Start Date 4/1/2011 7/1/2011 End Date 4/7/2011 7/8/2011 Days From 7

Philadelphia, PA 8

Philadelphia, PA (ii)

Per Diem: $136/day x 15 days= $2,040 Subcontracting - $30,000 Company A Company B

= $10,000

= $20,000

$30,000 To Wash, D.C.

Wash, D.C.

Cost

$300

$300 (EX: Subcontracts for Companies A & B were consented to by the Contracting Officer by letter dated 6/15/2011.)

Total Amount Billed

$99,580

/ U.S.NRC Version Control Date: August 16, 2017 ATTACHMENT 1 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (AUG 2017)

Adjustments ( +/-)

Grand Total

4. Definitions 0

$99,580 Material handling costs. When included as part of material costs, material handling costs shall include only costs clearly excluded from the labor-hour rate. Material handling costs may include all appropriate indirect costs allocated to direct materials in accordance with the contractor's usual accounting procedures.

ATTACHMENT 2 MONTHLY LETTER STATUS REPORT INSTRUCTIONS FOR CONTRACTS AND ORDERS The contractor shall submit an electronic Monthly Letter Status Report (MLSR) by the 20th day of each month to the Contracting Officer's Representative (COR) and the Contracting Officer (CO). If orders are issued under the contract, a separate MLSR must be provided for each order. MLSRs are not required once the NRC determines that work under the contract/order is complete, and the final costs are acceptable. A SAMPLE TEMPLATE, WHICH MAY BE USED TO COMPLETE THE MLSR, IS ENCLOSED.

Provide the information requested in each of the following sections if applicable.

I.

CONTRACT/ORDER IDENTIFICATION & CONTACT INFORMATION Reporting period:

Contract number:

Order number:

Contract title and period of performance:

Order title and period of performance:

COR's name, telephone number, and e-mail address:

Full name and address of the contractor:

Name, telephone numbers and email addresses of the Contractor Project:

Manager( s )/Contractor Lead Reviewer:

II. FINANCIAL STATUS A. Overall Funding Information Total Ceiling Amount: $

Total Amount of Funds Obligated to Date: $

Total Invoiced for this Reporting Period: $

Total Amount Invoiced - Cumulative Amount to Date: $

Total Amount of Funds Expended to Date (Based on Obligated Funds): $

Percentage of Funds Expended to Date (Based on Obligated Funds): %

Balance of Obligated Funds Remaining (Based on Invoiced Amount): $

Total Amount Invoiced & Costs Incurred (Invoiced amounts & amounts not yet invoiced-e.g. pending /outstanding to subcontractor): $

Balance of Obligated Funds Remaining After Deducting Total Amount Invoiced &

Amounts Not Yet Invoiced (Costs Incurred): $

Balance of Funds Required for Completion: $

B. Contractor Acquired Property Report all property with an acquisition cost of $5,000 or more (including Information Technology (IT) hardware and software), acquired for the project during the month. Report all sensitive property regardless of cost. The following information is required for each reported item:

Item/property description;

Manufacturer, model number, and serial number, if applicable;

Acquisition cost or development cost; and

Date received.

If property was not acquired during the reporting month, include a negative statement to that effect in the MLSR.

The final MLSR for the contract shall include a closeout property report certifying that property with an acquisition cost of greater than $5,000 (including IT hardware and software) and sensitive property regardless of cost is included in the final property report and that the list is complete. For each item listed, the report shall contain:

Item/property description;

Manufacturer; the model number, & the serial number, if applicable;

Acquisition or development cost; and

Date received.

The closeout property report shall identify any ongoing or contemplated NRC projects on which the property could be utilized. If no property was acquired under the contract, include a negative report. Note any property requiring special handling based on security, health, safety, or other reasons as part of the report.

C. NRC-Funded Software Report NRC funded software with a useful life of 2 years or more and a development cost of greater than $5,000. Provide the following information for each item of NRC funded software:

Software name and function:

Development cost:

Computer language used:

Operating system:

Physical location of the software and/or the hardware system:

Date the software development was completed:

Scheduled replacement date or projected useful life. If the useful life is not readily apparent, the useful life is considered to be 5 years from the day the software was considered operational:

Ill. TECHNICAL STATUS A. Deliverables/Milestones Schedule Provide the following information for each deliverable/milestone identified in the SOW:

Task/subtask:

Description:

2

Planned completion date:

Revised completion date if applicable:

Actual completion date:

The deliverables/milestones schedule shall be revised as necessary. Any variance in schedule shall be identified and discussed in detail. Discussion shall include the cause for the variance, together with any proposed solution to bring the dates within the original planned dates.

B. Progress During Reporting Period Provide a clear and concise discussion of the work performed during the reporting period.

Include sufficient detail to support the costs reported for the reporting period. A summary of significant meetings and conference calls must be included. In addition, the current status of each deliverable, task, or service shall be identified. Progress reported as "worked on all tasks" is not acceptable.

C. Travel Travel taken during the reporting period shall be fully described and shall include, at a minimum, the purpose of the travel, whether prior NRC authorization was required and obtained, the names of all travelers, the beginning and ending dates of the travel, and the destination point.

D. Anticipated and Encountered Problem Areas Problems encountered during the reporting period and anticipated in subsequent period(s)

(to include, for example, problems or circumstances that require a change in the level of effort or estimated cost, scope of work, or travel requirements) shall be identified.

Discussion of problems encountered during the reporting period shall include the actual solution. If the solution was not implemented during the reporting period, a detailed discussion of the proposed solution shall be included. The status of the problem shall be updated in subsequent MLSRs until problem resolution is achieved and reported. Clearly identify the person(s) and/or organization(s) with responsibility to address the problem. If NRC is required to take action to resolve a problem or concern, the COR should be notified separately.

A discussion of the impact on the projected cost and schedule of the project or task order shall be included. If the projected actual cost is expected to be greater than or less than the planned cost and/or if the schedule is projected to be longer than or less than the planned schedule, an in depth rationale for the difference(s) shall be provided. Actions to mitigate schedule delays and/or cosUprice increases shall be thoroughly described.

Problems or circumstances requiring a modification to the level of effort, estimated cost, scope of work, or travel requirements shall also be discussed in the MLSR. The COR should be notified separately if a modification is needed. Such notification shall not be delayed until issuance of the MLSR.

3

E. Plans for the Next Reporting Period Provide a concise discussion of work to be performed and a description of anticipated travel during the next reporting period. Describe milestones anticipated to be completed in the next reporting period.

F. Staff Hours Summary The staff hours summary must identify the task/subtask, the staff assigned to the task/subtask, hours budgeted, hours expended for this reporting period, total cumulative hours expended and the task/subtask status.

IV. CONTRACTOR REQUIRED TRAINING In accordance with the following clauses, NRC INFORMATION TECHNOLOGY SECURITY TRAINING and FAR 52.224-3 Alt. 1 Privacy Training, contractors shall ensure that their employees, consultants, and subcontractors with access to the agency's information technology (IT) equipment and/or IT services complete NRC's online initial and refresher IT security training requirements to ensure that their knowledge of IT threats, vulnerabilities, and associated countermeasures remains current. Both the initial and refresher IT security training courses generally last an hour or less and can be taken during the employee's regularly scheduled work day. The contractor shall also ensure that any other required training as stipulated by the contract terms and conditions, shall be taken in a timely manner. Failure to do so, shall be reflected in the contractors CPARS report.

Where the contract/order includes the clauses, NRC INFORMATION TECHNOLOGY SECURITY TRAINING and FAR 52.224-3 Alt. 1, the MLSR must include the following information for all completed training:

(1) Name of the individual completing the course:

(2) Course title:

(3) Course completion date:

The MLSR must also include the following information for those individuals who have not completed their required training:

(1) Name of the individual who has not yet completed the training:

(2) Title of the course(s) which must still be completed:

(3) Anticipated course completion date(s):

V. LICENSE FEE RECOVERY COST STATUS This section is required if any portion of the work described in the Statement of Work is fee recoverable.

Pursuant to the provisions on fees of Title 10 of the Code of Federal Regulations Parts 170 and 171, provide the total amount of fee recoverable costs incurred during the reporting period, the fiscal year to date costs, and the cumulative total costs to date for each task/project. The License Fee Recovery Cost Status {LFRCS) shall be recorded on a separate page as part of the MLSR, and shall be in the format provided in the MLSR template under the LFRCS Section.

Each report will contain a docket number, cost activity code (CAC) or other unique identifier.

Facilities must be sorted by docket number/identifier. Unit numbers must be identified for 4

each facility included in the LFRCS table. For work that involves more than one facility at the same site, each facility should be listed separately, and the costs should be split appropriately between the facilities. Common costs, as defined below, must be identified separately in the LFRCS.

Common costs are those costs that are not licensee unique and associated with the performance of an overall program that benefit all similar licensees covered under that program or that are required to satisfactorily carry out the program. Common costs include costs associated with the following: preparatory or start-up efforts to interpret and reach agreement on methodology, approach, acceptance criteria, regulatory position, or technical reporting requirements; efforts associated with the "lead plant" concept that might be involved during the first one or two plant reviews; meetings and discussions involving the above efforts to provide orientation, background knowledge or guidance during the course of a program; any technical effort applied to a docket or other unique identifier; and project management. Common costs must be reported monthly for each docket or unique identifier.

Common costs must be computed based on the proportion of direct costs incurred against each docket or unique identifier for the reporting period.

Any/all non-fee recoverable costs must be accounted for in the cost breakdown table of the MLSR template with the corresponding non-fee recoverable CAC as directed by the COR.

VI. SPENDING PLAN UPDATE-Required for Cost Reimbursement, Labor-Hour and Time-and-Materials Contracts/Orders (Complete as Applicable for Other Contract Types)

The initial Spending Plan must be included in the initial MLSR. Thereafter, the spending plan shall be updated on the MLSR Spending Plan Update Template in Excel (enclosed),

and submitted with the MLSR. Spending plan updates shall encompass two fiscal years

( current fiscal year and following fiscal year). Discussion shall include significant spending plan variances, the cause for the variance, and proposed solutions to bring the cost within planned amounts. Definitions of spending plan terms are provided below:

Planned - Spending plan agreed to by the parties at time of award.

Revised - Updated spending plan revised by the contractor. Spending plan shall be updated as necessary.

Actual - Total amounUcosts expended by the contractor as reported in the MLSR.

Variance - Percentage difference between planned, or revised if applicable, and actual 5

ENCLOSURE MONTHLY LETTER STATUS REPORT-TEMPLATE Reporting Period Start Date Reporting Period End Date NRC Contract Number Order Number (if applicable)

Contract/Order Title Period of Performance Start Date:

Period of Performance End Date:

Contracting Officer's Representative COR Telephone CORE-mail (COR)

Contractor Name Contractor Complete Address (Street, City, State, and Zip Code)

Contract Project Manager(s)/Contractor Telephone E-mail Lead Reviewer Provide the information requested in each of the following sections if applicable. (Please insert NI A beside items that are not applicable)

FINANCIAL STATUS A. Overall Funding:

1.

Total Ceiling Amount

2.

Total Amount of Funds Obligated to Date

3.

Total Amount Invoiced - This Period

4.

Total Amount Invoiced - Cumulative Amount to Date

5.

Total Amount of Funds Expended to Date (Based on Obligated Funds)

6.

Percentaqe of Funds Expended to Date (Based on ObliQated Funds)

7.

Balance of Obligated Funds Remaining (Based on Invoiced Amounts)

8.

Total Amount/Costs Incurred (Invoiced amounts & amounts not yet invoiced-e.g. pending; outstanding to subcontractor)

9.

Balance of Obligated Funds Remaining after Deducting Total Incurred Amounts/Costs

10.

Balance of Funds Required for Completion

B. Contractor Acquired Property:

Item*

Description Manufacturer Model Serial Acquisition Receipt Property Number Number Cost{$)

Date Identification Number

Asterisk represents sensitive item C. NRC-Funded Software:

Name*

Function Development Computer Operating Location of Date Date of Cost($)

Language System System Software Scheduled Used Completed Replacement/

Useful Life

Asterisk represents sensitive software TECHNICAL STATUS A. Deliverables/Milestones Schedule:

(Any variance in schedule shall be identified and discussed in detail. Discussion shall include the cause for the variance, together with any proposed solution to bring the dates within the original planned dates.)

Task/Subtask Description Planned Revised Actual Completion Completion Completion Date Date (if Date aoolicable)

B. Progress during Reporting Period:

C. Travel for this Period:

Staff Purpose of Travel NRC Start End Destination/ Activity Authorization Date Date Required/

Obtained*

Include name of NRC authorizing official and date authorization was obtained.

2

D. Anticipated and Encountered Problem Areas:

E. Plans for the Next Reporting Period: ___________________ _

F. Staff Hours Summary:

Task/Subtask/Phase Staff Hours Hours Total Notes Assigned Budgeted Expended Cumulative This Reporting Hours Period Expended TRAINING (Complete if contract/order includes the clause, NRC INFORMATION TECHNOLOGY SECURITY TRAINING)

Completed Training:

Name of Individual Completing Course Title Course Completion Date the Course During This Period Training To Be Completed:

Name of Individual Who has Course Title Anticipated Course NOT, To Date, Completed the Completion ReQuired Training Date 3

LICENSE FEE RECOVERY COST STATUS Reporting Period Start Date Reporting Period End Date Contract Number Order Number Project Title Licensee Task Facility Fiscal Order Docket CAC Period Year Cumulative No.

Name/Unit Number Number Costs Costs to Costs to Date Number Date Important Note - Individual administrative costs (e.g. costs associated with overall project management/coordination, administrative setup/monitoring of the task order/agreement, preparation of the MLSR, etc.) must be included in the current period costs (i.e. these costs should not be noted as separate costs/items). Administrative costs must be proportionately allocated to each line item listed in the summary table above. Any/all non-fee-recoverable costs must be accounted for in the above table with the appropriate non-billable Cost Activity Code (CAC) as provided by the COR. The total Period Costs in the above table shall equal the total amount charged to NRC for this period.

4

SPENDING PLAN - Fiscal Year (FY) __

Required for Cost Reimbursement, Labor-Hour and Time-and-Materials Contracts/Orders (Complete as applicable for other contract types)

FY Oct.

Nov.

Dec.

Jan.

Feb.

Mar.

April May June July Aug.

Sept.

TOTAL Planned($)

Revised($)

Actual ($)

Variance

(%)

FY __

Oct.

Nov.

Dec.

Jan.

Feb.

Mar.

April May June July Aug.

Sept.

TOTAL Planned($)

Revised($)

Actual ($)

Variance

(%)

5

ATTACHMENT 3 TO:

WHOM IT MAY CONCERN

SUBJECT:

PAST PERFORMANCE REFERENCE SURVEY IN RESPONSE TO NRC SOLICITATION 31310021R0028 ENTITLED "HISTORICAL CLASSIFIED DOCUMENT REVIEWS FOR DECLASSIFICATION" The U.S. Nuclear Regulatory Commission (NRC) is currently conducting proposal evaluations for a contract to obtain technical assistance services from the Contractor to conduct reviews of historical classified documents eligible for automatic declassification in order to assess what needs to remain classified and what can be declassified and released to the public while still protecting the national security interests of the United States Government.

Our primary source of information for this part of the evaluation will come from the past performance references that the offerer has provided us. The NRC evaluation panel must ensure that the offerer has both relevant and successful past performance in performing work of a comparable nature and complexity to the NRC's requirement.

Accordingly, we ask that you complete the enclosed past performance survey and return it directly to the address below, or email to Geoffrey.Coleman@nrc.gov, no later than 2:00 PM, Eastern Standard Time (EST), on Monday May 31, 2021.

U.S. Nuclear Regulatory Commission Acquisition Management Division ATTN: Mr. Geoffrey H. Coleman Washington, D.C. 20555 Should you have any questions or require additional information, please contact me via email at Geoffrey.Coleman@nrc.gov or (301) 415-5517.

Sincerely, Isl Mr. Geoffrey H. Coleman Acquisition Management Division Office of Administration

Enclosure:

Past Performance Questionnaire

PAST PERFORMANCE QUESTIONNAIRE COVER SHEET Name of offerer questionnaire is being completed for: _____________ _

Name of agency/company completing questionnaire:

Contract Number: ----------

Name, title of person completing questionnaire: _______________ _

Address:

Telephone No.:

Email Address:

Length of time your organization has been involved with the offerer: ________ _

THE COMPLETED PAST PERFORMANCE COVER SHEET AND PAST PERFORMANCE QUESTIONNAIRE MUST BE SUBMITTED WITH THE PROPOSAL.

PAST PERFORMANCE QUESTIONNAIRE RATING SHEET RATING SCALE Please use the following ratings to answer the questions. If you are unable to rate an item because it was not a requirement, never an issue, or you have no knowledge of the item in question, then you should mark "NA".

EVALUATION CRITERIA Excellent-Good-Neutral -

Average -

Poor-The offerer's performance was consistently superior. The contractual performance was accomplished with only minor problems for which corrective action taken by the contractor was highly effective.

The offerer's performance was better than average, and you would willingly do business with the offerer again. The contractual performance was accomplished with minor problems for which corrective actions taken by the contractor were effective.

No record exists.

The offerer's performance was satisfactory and consideration would take part in awarding a contract to the offerer again. The contractual performance reflects a problem for which the contractor has not yet implemented corrective actions.

The offerer's performance was entirely unsatisfactory and you would not do business with the offerer again under any circumstances. The contractual performance being assessed contains problems for which the contractor's corrective actions appear to be or were ineffective.

NOTE: For statements indicating "Poor", please provide a brief explanation in the comments section of the survey.

SOLICITATION#: 31310021R0007 CONTRACTOR PERFORMANCE EVALUATION SURVEY POOR AVERAGE NEUTRAL GOOD EXCELLENT QUALITY OF PRODUCT OR SERVICE:

(1) The Contractor provided a product or service that conformed to contract requirements, specifications, and standards of qood workmanship.

(2) The Contractor submitted accurate reports.

(3) The Contractor utilized personnel that were appropriate to the effort performed.

COST CONTROL:

(1) The Contractor performed the effort within the estimated cost/price.

(2) The Contractor submitted accurate invoices on a timely basis.

(3) The Contractor demonstrated cost efficiencies in performing the required effort.

( 4) The actual costs/rates realized closely reflected the negotiated costs/rates.

SCHEDULE:

(1) The tasks required under this effort were performed in a timely manner and in accordance with the period of performance of the contract.

(2) The Contractor was responsive to technical and/or contractual direction.

BUSINESS RELATIONSHIPS:

( 1) The Contractor demonstrated effective management over the effort performed.

(2) The Contractor maintained an open line of communication so that the Contracting Officer's Representative (COR) and/or Technical Point of Contact (TPOC) were apprised of technical, cost, and schedule issues.

(3) The Contractor presented information and correspondence in a clear, concise, and businesslike manner.

( 4) The Contractor promptly notified the COR, TPOC, and/or Contractinq Officer in a timely

SOLICITATION#: 31310021R0007 POOR AVERAGE NEUTRAL GOOD EXCELLENT manner regarding urgent issues.

(5) The Contractor cooperated with the Government in providing flexible, proactive, and effective recommended solutions to critical program issues.

(6) The Contractor made timely award to, and demonstrated effective management of, its subcontractors.

(7) The Contractor demonstrated an effective small/small disadvantaged business subcontracting program.

CUSTOMER SATISFACTION (1) The products/services provided adequately met the needs of the program.

(2) The Contractor was able to perform with minimal or no direction from the COR or the TPOC.

(3) I am satisfied with the performance of the Contractor under this effort.

ADDITIONAL COMMENTS

ML26021A090

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SUBJECT:

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