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{{#Wiki_filter:ORDER FOR SUPPLIES OR SERVICES                                              PAGE NO SCHEDULE - CONTINUATION                                          2 MPORTANT: Mark all packages and papers with contract and/or order numbers.
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DATE OF ORDER      CONTRACT NO.                                                                ORDER NO.
05/24/2021 31310018D0001                                                                        31310021F0033 ITEM NO.                        SUPPLIES/SERVICES                        QUANTITY UNIT  UNIT            AMOUNT                          QUANTITY ORDERED      PRICE                                            ACCEPTED (a)                                      (b)                            (c)    (d)    (e)                (f)                                (g)
CONTRACTOR ACCEPTANCE OF TASK ORDER 31310021F0033:
Acceptance of Task Order No. 31310021F0033 under Contract No. 31310018D0001 should be made by having an official, authorized to bind your organization, execute two copies of this document in the space provided and return one copy to the Contracting Officer.
You should retain the other copy for your records.
Accepted Task Order No. 31310021F0033 under Contract No. 31310018D0001:
Signature Name Title Date Task Order Base and All Options: $187,593.00 Task Order Exercised Amount:
Task Order Obligation Amount: $10,000.00 Accounting Info:
2021-X0200-FEEBASED-50-50D007-1061-33-4-149-252A-33-4-149-1061 Period of Performance: 05/24/2021 to 08/31/2022 TOTAL CARR ED FORWARD TO 1ST PAGE (ITEM 17(H))                                              $0.00 AUTHORIZED FOR LOCAL REPODUCTION                                                                                        OPTIONAL FORM 348 (Rev. 4/2006)
PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.213(f)
 
31310018D0001/31310021F0033 B - Supplies or Services/Prices .....................................................................................................4 B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION.......................................................4 B.2 CONSIDERATION AND OBLIGATION-TASK ORDERS....................................................4 B.3 PRICE/COST SCHEDULE..................................................................................................4 C - Description/Specifications .......................................................................................................6 C.1 STATEMENT OF WORK ....................................................................................................6 D - Packaging and Marking .........................................................................................................11 D.1 PACKAGING AND MARKING ..........................................................................................11 D.2 BRANDING .......................................................................................................................11 E - Inspection and Acceptance....................................................................................................12 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)........................................12 F - Deliveries or Performance .....................................................................................................13 F.1 PLACE OF DELIVERY-REPORTS ...................................................................................13 F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)...........................13 G - Contract Administration Data ................................................................................................14 G.1 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) -
ALTERNATE I (OCT 1999) .....................................................................................................14 H - Special Contract Requirements.............................................................................................15 H.1 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (JUL 2016)........................................................................................15 H.2 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS ......................18 H.3 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (MARCH 2019)
    .................................................................................................................................................19 H.4 KEY PERSONNEL. (JAN 1993) .......................................................................................19 H.5 2052.204-70 SECURITY. (OCT 1999)..............................................................................20 H.6 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)
    .................................................................................................................................................21 I - Contract Clauses.....................................................................................................................25 I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993) .......................................................................................................................................25 I.2 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM.
(MAR 1989) .............................................................................................................................28 J - List of Documents, Exhibits and Other Attachments ..............................................................29 Page 3
 
31310018D0001/31310021F0033 B - Supplies or Services/Prices B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION (a) The title of this project is: Technical Support for Certificate of Compliance (CoC) 1026 Storage Renewal Application (b) Summary work description:
The objective of this task order is to obtain technical assistance to support the NRC review of the CoC 1026 storage renewal application. The Contractor shall support the NRC with the technical review of the application, assuming the application is docketed.
B.2 CONSIDERATION AND OBLIGATION-TASK ORDERS (a) The ceiling of this order for services is $155,951.00 (
              . The amount will increase upon exercise of the optional task as shown in Section B.3..
(b) This order is subject to the minimum and maximum ordering requirements set forth in the contract.
(c) The amount presently obligated with respect to this order is $10,000.00
                        . The obligated amount shall, at no time, exceed the order ceiling as specified in paragraph (a) above. When and if the amount(s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this order, in accordance with FAR Part 43 - Modifications. Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk and may not be reimbursed by the Government.
(d) The Contractor shall comply with the provisions of FAR 52.232 Limitation of Funds, for incrementally-funded delivery orders or task orders.
B.3 PRICE/COST SCHEDULE Total Estimated Cost and Fixed-Fee breakdown by CLIN is presented below.
Total Cost Plus CLIN                  Description            Est Cost          Fixed Fee Fixed Fee 00001Estimated Cost - Base Tasks 00002Fee - Base Tasks 10001Optional Task TOTAL                                        $187,593.00 Total Estimated Cost and Fixed-Fee breakdown by cost element for the base and optional task is presented below.
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31310018D0001/31310021F0033 C - Description/Specifications C.1 STATEMENT OF WORK
: 1. PROJECT TITLE Technical Support for Certificate of Compliance 1026 Storage Renewal Application
: 2. BACKGROUND The U.S. Nuclear Regulatory Commission (NRC) regulates the dry storage of spent nuclear fuel under the provisions of Title 10 of the Code of Federal Regulations (10 CFR), Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste. Under 10 CFR Part 72, the NRC issues specific licenses for independent spent fuel storage installations (ISFSIs) and certificates of compliance (CoCs) for dry storage system (DSS) designs. Under 10 CFR 72.42 or 10 CFR 72.240, a licensee or CoC holder can apply for renewal of the license or CoC, respectively, for up to 40 years. The requirements for storage renewal include submitting to the NRC time-limited aging analyses (TLAAs) to demonstrate that structures, systems, and components (SSCs) important to safety will continue to perform their intended functions during the period of extended operation and a description of aging management programs (AMPs) to address material degradation issues that could affect the SSCs within the scope of the renewal. Staff guidance for the review of TLAAs and AMPs is found in NUREG-1927, Rev. 1.
Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent Nuclear Fuel, and NUREG-2214, Managing Aging Processes in Storage (MAPS) Report.
The technical review of the renewal application is primarily a materials engineering effort. Staff in the NRCs Office of Nuclear Material Safety and Safeguards (NMSS) have received several license and CoC renewal applications over the last year. The NRC staff require technical support for the materials engineering review for a 10 CFR Part 72 storage renewal application.
: 3. OBJECTIVE The objective of this task order is to obtain technical assistance to support the NRC review of the CoC 1026 storage renewal application. The Contractor shall support the NRC with the technical review of the application, assuming the application is docketed.
: 4. SPECIFIC TASKS Task 1      Attend Kick-off Meeting The Contractor shall participate in a kick-off meeting with the Task Order Contracting Officers Representative (COR) and other NRC technical staff to discuss the scope of work, expectations, project management, deliverables, and performance requirements of the task order. The kick-off meeting shall be held via teleconference within 10 working days after work authorization, issued by technical direction of the COR.
The Contractor shall prepare a written summary of the meeting that includes, at a minimum, the Page 6
 
31310018D0001/31310021F0033 following information: (1) identification of meeting participants from the NRC and Contractor, (2) minutes of the meeting that clearly describe the substance of the meeting, and (3) any action items and decisions from the meeting.
Task 2      Storage Renewal Application: Technical Support for Technical Review If the renewal application is docketed by the NRC and accepted for technical review, the Contractor shall conduct a technical review of sections of the application identified by the COR.
As required by the COR, the Contractor shall attend virtual meetings or participate in teleconferences with the NRC staff throughout this task to discuss the technical review. The Contractor shall use NUREG-1927, Rev.1 and NUREG-2214 to inform its review and other guidance documents furnished by the COR.
The NRC anticipates additional complexity in the technical review of this application compared to previous storage renewal applications. Specifically, the scope of the renewal application and review will contain: (1) a scoping evaluation and aging management review for the existing Amendment Nos. 0-4 of the CoC No. 1026; and (2) a separate scoping evaluation and aging management review for the proposed Amendment No. 5 to the CoC. The NRC is conducting a separate review of the proposed Amendment No. 5 to the CoC, which is being conducted in parallel with the CoC renewal review.
2.1 Request for Additional Information After reviewing the accepted application, the Contractor shall develop draft requests for additional information (RAIs), as appropriate, to obtain additional information necessary to complete the review of the renewal application. The Contractor shall provide the RAIs to the COR for NRC review. The NRC staff will review the RAI input, and the COR will provide comments by e-mail and/or by conference call for any areas requiring revision, correction, or further information. The NRC will determine which RAIs will be sent to the applicant. The NRC will transmit the RAIs to the applicant.
2.2 Safety Evaluation Report Input The Contractor shall prepare a Draft SER input using a template provided by the NRC COR.
The Draft SER shall state whether the regulatory requirements in 10 CFR Part 72 are met. The requirements for storage renewals include demonstrating to the NRC that SSCs important to safety will continue to perform their intended functions during the period of extended operation and that adequate AMPs will be implemented to address material degradation issues that could affect the SSCs. The Draft SER shall include a detailed analysis, with basis, for finding the applicants analysis acceptable or unacceptable. The report will be the basis for the NRC staff safety evaluation of the renewal application. The NRC staff will review the Contractors Draft SER input and the COR will provide comments by e-mail and/or by conference call for any areas requiring revision, correction, or further information. The Contractor shall prepare a clean version of the Draft SER addressing comments from the COR, if requested by the COR.
Once responses to the RAIs are provided by the applicant, the Contractor shall review and evaluate the responses to determine if they address the RAIs. The Contractor shall discuss the evaluation with the COR to determine if further clarification from the applicant or second round RAIs are needed. The COR will direct the Contractor to either develop second round RAI input (and exercise the Optional Task 3) or incorporate evaluation of the RAI responses into the Updated Draft SER. The NRC staff will review the Contractors Updated Draft SER input, and the COR will provide comments by e-mail and/or by conference call for any areas requiring Page 7
 
31310018D0001/31310021F0033 revision, correction, or further information.
(Optional) Task 3        Further Storage Renewal Application Support If a second round of RAIs is required, or the application is judged by the NRC to be of high technical complexity, the NRC shall require the Contractor to provide additional technical support for the review. As required by the COR, the Contractor shall develop further RAIs and technical review of the renewal application. For second round RAIs, the Contractor shall provide the second round RAIs to the COR for NRC review. The NRC staff will review the second round RAI input and the COR will provide comments by e-mail and/or by conference call for any areas requiring revision, correction, or further information. The NRC will determine which second round RAIs will be sent to the applicant. The NRC will transmit the RAIs to the applicant.
: 5. APPLICABLE DOCUMENTS AND STANDARDS The following documents are suggested as informational references:
(a) NUREG-1927, Revision 1, Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent Nuclear Fuel.
https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1927/
(b) NUREG-2214, Managing Aging Processes In Storage (MAPS) Report.
https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr2214/
(c) NUREG-1379, Revision 2, "NRC Editorial Style Guide" http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1379/r2/
(d) NUREG-0544, Revision 5, "NRC Collection of Abbreviations" http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0544/
: 6. DELIVERABLES AND DELIVERY SCHEDULE Deliverable and Acceptance Task No.                                                      Deliverable Due Date Criteria (AC)
Kick-off Meeting Minutes 1 AC: Meeting minutes are          1 week after kick-off meeting complete and contain required content.
Technical Review
* RAIs
* RAIs and Draft SER input due 2 months after
* Draft SER Input receipt of all applicant documentation.
* Clean version of Draft
* Clean version of the Draft SER addressing COR SER 2                                  comments (if requested by the COR) due 2 weeks
* Updated Draft SER Input after receipt of COR comments.
* Updated Draft SER due 2 months after all RAI AC: RAIs are technically sound responses provided by applicant and adequately address identified issues.
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31310018D0001/31310021F0033 SER Input contains required information and follows required format.
3 Further Application Support:      TBD: COR will determine when 2nd round RAIs are (Optional)
* 2nd Round RAIs              due Monthly Letter Status Report All per Sections F.2 of the base      NLT 20th calendar day of the following Month contract
*If no work was performed during the prior month, the Contractor shall not prepare and submit an MLSR.
All deliverables shall include the following identifying information:
Contract No.
Task Order No.
The COR will review all draft deliverables (and coordinate any internal NRC staff review and external stakeholder input, if needed) and provide comments back to the Contractor. When mutually agreed upon between the Contractor and the COR, the Contractor may submit preliminary or partial drafts to help gauge the Contractors understanding of the particular work requirement.
The deliverables shall be provided electronically in Microsoft Word (with no restrictions on document editing) and in hard copy (upon request) to the COR. The MLSR shall also be delivered to the contracting officer.
The COR will acknowledge receipt of deliverables by e-mail.
: 7. REQUIRED LABOR CATEGORIES Professional staff proposed for the task order shall be familiar with ISFSIs and DSS designs and knowledgeable about the technical aspects of aging management of SSCs important to safety.
Specific technical expertise in materials engineering is required. Additional technical expertise in the following areas is desirable, but not essential: mechanical engineering, structural engineering, and nuclear engineering. Staff shall also be familiar with NRC regulatory processes for licensing and storage renewals (10 CFR Part 72), NUREG-1927, Rev. 1, and NUREG-2214.
The Contractor shall assign a project manager who is experienced with overseeing multidisciplinary teams and has strong organizational and communication skills. The project manager shall oversee the effort and ensure the timely submittal of accurate and complete deliverables.
: 8. GOVERNMENT-FURNISHED PROPERTY The COR will provide a copy of the storage renewal application after task order award.
: 9. PLACE OF PERFORMANCE Page 9
 
31310018D0001/31310021F0033 The work to be performed under this task order shall be performed at the Contractors site.
: 10. SPECIAL CONSIDERATIONS 10.1 TRAVEL No travel is anticipated for this requirement.
10.2 SECURITY Work performed under this task order will be unclassified. However, work on this task order may involve the handling of documents that contain proprietary information. The Contractor shall safeguard documents containing proprietary information against unauthorized disclosure.
After completion of work, the Contractor must either destroy the documents or return them to the NRC. If they are destroyed, please confirm this in an e-mail to the COR with a copy to the CO and include the date and manner in which the documents were destroyed.
10.3 LICENSE FEE RECOVERABLE Tasks 1, 2, and 3 (optional) are license fee recoverable.
CAC/EPID Numbers: 001028/L-2020-RNW-0035 Docket Number: 07201026 Page 10
 
31310018D0001/31310021F0033 D - Packaging and Marking D.1 PACKAGING AND MARKING (a) The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.
(b) On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
(c) Additional packaging and/or marking requirements are as follows: N/A.
D.2 BRANDING The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor must acknowledge that information in its documentation/presentation.
Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Material Safety and Safeguards, under Contract/order number 31310018D0001 / 31310021F0033.
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31310018D0001/31310021F0033 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.
(End of Clause)
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31310018D0001/31310021F0033 F - Deliveries or Performance F.1 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
: a. Contracting Officer Representative:
Refer to Section H.6 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)
: b. Contracting Officer (CO) (1 electronic copy)
(End of Clause)
F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)
This order shall commence on Date of Award and will expire on 08/31/2022.
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31310018D0001/31310021F0033 G - Contract Administration Data NRCAR Clauses Incorporated By Full Text G.1 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) - ALTERNATE I (OCT 1999)
(a) Total expenditure for travel may not exceed (Not Applicable for this Task Order) without the prior approval of the contracting officer.
(b) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval of Official Foreign Travel, and must be in compliance with FAR 52.247-63 Preference for U.S. Flag Air Carriers. The contractor shall submit NRC Form 445 to the NRC no later than 30 days prior to the commencement of travel.
(c) The contractor will be reimbursed only for travel costs incurred that are directly related to this contract and are allowable subject to the limitations prescribed in FAR 31.205-46.
(d) It is the responsibility of the contractor to notify the contracting officer in accordance with the FAR Limitations of Cost clause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor to exceed the travel ceiling amount identified in paragraph (a) of this clause.
(e) Reasonable travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, must be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.
      *To be incorporated into any resultant contract (End of Clause)
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31310018D0001/31310021F0033 H - Special Contract Requirements NRC Local Clauses Incorporated by Full Text H.1 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 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 Page 15
 
31310018D0001/31310021F0033 cause or that has a relatively high risk of causing grave damage; or (d) the capability to realize a significant personal gain from computer access.
Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officers Representative (COR). Temporary IT access may be approved by DFS/PSB based on a favorable review or adjudication of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably review or adjudication of a completed background investigation. However, temporary access authorization approval will be revoked and the employee may subsequently be denied IT access in the event the employees investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officers Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor shall assign another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When an individual receives final IT access approval from DFS/PSB, the individual will be subject to a reinvestigation every ten (10) years thereafter (assuming continuous performance under contracts/orders at NRC) or more frequently in the event of noncontinuous performance under contracts/orders at NRC.
CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record, and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the individual being authorized to perform work under this contract/order requiring access to sensitive information technology systems or data. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level I access. The Contractor shall submit the documents to the NRC Contracting Officers Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB review of the contractor employees security 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 Page 16
 
31310018D0001/31310021F0033 Performance under this contract/order will involve contractor personnel that develop and/or analyze sensitive information technology systems or data or otherwise have access to such systems or data (IT Level II).
The IT Level II involves responsibility for the planning, design, operation, or maintenance of a computer system and all other computer or IT positions.
Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officers Representative (COR). Temporary access may be approved by DFS/PSB based on a favorable review of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably adjudication. However, temporary access authorization approval will be revoked and the contractor employee may subsequently be denied IT access in the event the employee's investigation cannot be favorably adjudicated.
Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officers Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor is responsible for assigning another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When a contractor employee receives final IT access approval from DFS/PSB, the individual will be subject to a review or reinvestigation every ten (10) years (assuming continuous performance under contract/order at NRC) or more frequently in the event of noncontinuous performance under contract/order at NRC.
CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the contractor employee being authorized to perform work under this contract/order. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent 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 Page 17
 
31310018D0001/31310021F0033 basis (in excess of more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.
CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notify the NRC Contracting Officers Representative (COR) by telephone so that the access review may be promptly discontinued. The notification shall contain the full name of the contractor employee and the date of the request. Telephone notifications must be promptly confirmed by the contractor in writing to the NRC Contracting Officers Representative (COR),
who will forward the confirmation to DFS/PSB. Additionally, the contractor shall immediately notify the NRC Contracting Officers Representative (COR) in writing, who will in turn notify DFS/PSB, when a contractor employee no longer requires access to NRC sensitive automated information technology systems or data, including the voluntary or involuntary separation of employment of a contractor employee who has been approved for or is being processed for IT access.
The contractor shall flow the requirements of this clause down into all subcontracts and agreements with consultants for work that requires them to access NRC IT resources.
H.2 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared . Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.
The Contracting Officer will transmit the NRC Contracting Officers Representatives (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.
Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for 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.
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31310018D0001/31310021F0033 NRCAR Clauses Incorporated By Full Text H.5 2052.204-70 SECURITY. (OCT 1999)
(a) Security/Classification Requirements Form. The attached NRC Form 187 (See List of Attachments) furnishes the basis for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractual relationship that requires access to classified information or matter, access on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.
(b) It is the contractor's duty to safeguard National Security Information, Restricted Data, and Formerly Restricted Data. The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding National Security Information, Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract upon completion or termination of this contract.
(1) The contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained if the retention is:
(i) Required after the completion or termination of the contract; and (ii) Approved by the contracting officer.
(2) The certification must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.
(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. The contractor agrees to hold the information in confidence and not to directly or indirectly duplicate, disseminate, or disclose the information, in whole or in part, to any other person or organization except as necessary to perform the work under this contract. The contractor agrees to return the information to the Commission or otherwise dispose of it at the direction of the contracting officer. Failure to comply with this clause is grounds for termination of this contract.
(d) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission which are subject to change as directed by the NRC Page 20
 
31310018D0001/31310021F0033 Division of Facilities and Security and the Contracting Officer. These changes will be under the authority of the FAR Changes clause referenced in Section I of this document.
(e) Definition of National Security Information. As used in this clause, the term National Security Information means information that has been determined pursuant to Executive Order 12958 or any predecessor order to require protection against unauthorized disclosure and that is so designated.
(f) Definition of Restricted Data. As used in this clause, the term Restricted Data means all data concerning design, manufacture, or utilization of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy, but does not include data declassified or removed from the Restricted Data category under to Section 142 of the Atomic Energy Act of 1954, as amended.
(g) Definition of Formerly Restricted Data. As used in this clause the term Formerly Restricted Data means all data removed from the Restricted Data category under Section 142-d of the Atomic Energy Act of 1954, as amended.
(h) Security clearance personnel. The contractor may not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required. The contractor shall also execute a Standard Form 312, Classified Information Nondisclosure Agreement, when access to classified information is required.
(i) Criminal liabilities. Disclosure of National Security Information, Restricted Data, and Formerly Restricted Data relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the contractor or any person under the contractor's control in connection with work under this contract, may subject the contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12958.)
(j) Subcontracts and purchase orders. Except as otherwise authorized, in writing, by the contracting officer, the contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.
(k) In performing contract work, the contractor shall classify all documents, material, and equipment originated or generated by the contractor in accordance with guidance issued by the Commission. Every subcontract and purchase order issued under the contract that involves originating or generating classified documents, material, and equipment must provide that the subcontractor or supplier assign the proper classification to all documents, material, and equipment in accordance with guidance furnished by the contractor.
(End of Clause)
H.6 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)
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31310018D0001/31310021F0033 (a) The contracting officer's authorized representative (hereinafter referred to as the COR) for this contract is:
Name:                      Kristina Banovac Address:                  U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards Washington, DC 20555 Mail Stop: TWFN 4B72 Phone:                    301-415-7116 E-mail:                    Kristina.Banovac@nrc.gov NRC Alternate COR:
Name:                      Jin-Ping (Jack) Gwo Address:                  U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards Washington, DC 20555 Mail Stop: TWFN 4B34 Phone:                      301-415-8736 E-mail:                    Jin-Ping.Gwo@nrc.gov (b) Performance of the work under this contract is subject to the technical direction of the NRC COR. The term "technical direction" is defined to include the following:
(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, authorizes travel which was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work (SOW) or changes to specific travel identified in the SOW), fills in details, or otherwise serves to accomplish the contractual SOW.
(2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work description.
(3) Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.
(c) Technical direction must be within the general statement of work stated in the contract. The COR does not have the authority to and may not issue any technical direction which:
(1) Constitutes an assignment of work outside the general scope of the contract.
(2) Constitutes a change as defined in the "Changes" clause of this contract.
(3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
(4) Changes any of the expressed terms, conditions, or specifications of the contract.
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31310018D0001/31310021F0033 (5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.
(d) All technical directions must be issued in writing by the COR or must be confirmed by the COR in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel, which has received final approval from the NRC must be furnished to the contracting officer.
(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within the COR's authority under the provisions of this clause.
(f) If, in the opinion of the contractor, any instruction or direction issued by the COR is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause.
(g) Any unauthorized commitment or direction issued by the COR may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.
(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto is subject to 52.233 Disputes.
(i) In addition to providing technical direction as defined in paragraph (b) of the section, the COR shall:
(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recommend to the contracting officer changes in requirements.
(2) Assist the contractor in the resolution of technical problems encountered during performance.
(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
(4) Assist the contractor in obtaining the badges for the contractor personnel.
(5) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail) when a contractor employee no longer requires access authorization and return of any NRC issued badge to SB/DFS within three days after their termination.
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31310018D0001/31310021F0033 (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)
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31310018D0001/31310021F0033 I - Contract Clauses NRCAR Clauses Incorporated By Full Text I.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)
(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.
(c) Work for others.
(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the audit, inspection, or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate) except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.
(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, Page 25
 
31310018D0001/31310021F0033 (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.
(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.
(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, that it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government.
(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.
(e) Access to and use of information.
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31310018D0001/31310021F0033 (1) If, in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:
(i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.
(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C.
Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.
(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.
(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.
(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting Page 27
 
31310018D0001/31310021F0033 or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.
(1) If the contractor under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.
(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.
(End of Clause)
FAR Clauses Incorporated By Full Text I.2 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM.
(MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance of the task order. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
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31310018D0001/31310021F0033 J - List of Documents, Exhibits and Other Attachments Number Attachment Title                        Date      of Number Pages Attachment No. 1: NRC Form 187 - CONTRACT 1          SECURITY AND/OR CLASSIFICATION                  04/16/2021      5 REQUIREMENTS Page 29}}

Revision as of 11:13, 8 September 2021

Task Order No.31310021F0033 Under Contract No. 31310018D0001
ML21145A113
Person / Time
Issue date: 05/24/2021
From: Jennifer Dudek
Acquisition Management Division
To:
References
31310018D0001
Download: ML21145A113 (29)
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