ML22273A176

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Modification No. 001 to Task Order No. 31310020F0161 Under Contract No 31310020D0015
ML22273A176
Person / Time
Issue date: 09/28/2022
From: Mike Williams
Acquisition Management Division
To: Khatib-Rahbar M
Energy Research
References
31310020D0015
Download: ML22273A176 (24)
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Text

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 31310020D0015/31310020F0161/P00001 2 24 NAME OF OFFEROR OR CONTRACTOR ENERGY RESEARCH INC ITEM NO. SUPPL ES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F)

Total Obligated Amount:

Total Task Order Ceiling: $267,127.58 Period of Performance: 09/29/2020 to 09/29/2023 NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

31310020D0015/31310020F0161 Section C - Description/Specifications was revised as follows.

Summary of Clause Changes:

Clause titled STATEMENT OF WORK is incorporated as follows:

STATEMENT OF WORK

1. PROJECT TITLE Technical Support for Updating Regulatory Guide (RG) 1.157, Best-Estimate Calculations of Emergency Core Cooling System Performance
2. BACKGROUND To support its licensing program, the Office of Nuclear Reactor Regulation (NRR) staff periodically reviews regulatory guidance to ensure its continued applicability. RG 1.157, Best-Estimate Calculations of Emergency Core Cooling System Performance, was originally published in 1989 when 10 CFR 50.46 was modified to allow realistic calculations of emergency core cooling system (ECCS) performance with an explicit accounting for uncertainty. In 2013, during the review of a vendors loss-of-coolant accident (LOCA) methodology, the NRC staff documented that RG 1.157 does not contain recent data and specifications for the LOCA event (ML17047A170). Subsequent reviews of LOCA methods from additional vendors and new reactor designs performed since 2013 reinforced the conclusion that updating RG 1.157 is necessary to support timely and efficient regulatory reviews.

RG 1.157 provides guidance for performing a realistic (i.e., best estimate) calculation of the loss-of-coolant accident with an explicit accounting for uncertainty. Adherence to the guidance in RG 1.157 is one method of demonstrating satisfaction of acceptance criteria in 10 CFR 50.46(b) for the peak cladding temperature, maximum cladding oxidation, maximum hydrogen generation, and maintaining a coolable geometry in both the short- and long-term phases of the LOCA event. In particular, RG 1.157 describes acceptable models, correlations, data, and methods that evaluation models may use to meet requirements in 10 CFR 50.46(a)(1)(i) for a realistic calculation of ECCS performance during a LOCA.

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31310020D0015/31310020F0161 Both 10 CFR 50.46 and RG 1.157 are applicable to light-water nuclear reactors fueled with uranium oxide pellets within cylindrical zircaloy cladding. Updating RG 1.157 will support light-water-reactor licensees use of the best-available information when demonstrating that their ECCS has been designed to assure satisfaction of the acceptance criteria in 10 CFR 50.46(b) that have been identified above. Also, the update will support light-water-reactor licensees demonstration of compliance with General Design Criterion (GDC) 35, which requires an ECCS that limits fuel/clad damage so not to interfere with core cooling. RG 1.157 is also referenced in various sections of NUREG-0800, A Standard Review Plan for the Review of Safety Analysis Report for Nuclear Power Plants, including SRP 4.2, "Fuel system Design," 6.3, "Emergency Core Cooling System," and 15.6.5, "Loss-of-Coolant-Accidents Resulting From Spectrum of Postulated Piping Breaks."

3. OBJECTIVE The objective of this task order is to obtain contractor support to identify and assess publicly available technical information relevant to analysis of the LOCA event to facilitate the NRC staffs planned update of RG 1.157. The contractor shall document this technical information in a NUREG Report that would serve as an extension to the compendium of research on ECCS and LOCA phenomena published in 1988 as NUREG-1230, Compendium of ECCS Research for Realistic LOCA Analysis.

The specific technical assistance required is as follows:

1. Perform a search of the publicly available literature to identify key experimental results and analytical advancements pertinent to the LOCA event that have been generated since the publication of NUREG-1230.
2. For each relevant physical phenomenon or model feature included in Sections C.3 and C.4 of RG 1.157, considering the full set of available experimental data and modeling approaches (e.g., Revision 0 of RG 1.157, NUREG-1230, the recent data identified in the first objective),

identify (1) the most suitable experimental results for validating analytical models and (2) recommended modeling approaches.

3. Identify any phenomenon identification and ranking table (PIRT) results available in public literature for the LOCA event relevant to domestic reactor designs and assess the comprehensiveness of RG 1.157 against these PIRT results.
4. In light of the assessed PIRT results, other information reviewed in connection with the preceding tasks, and the Contractors expert experience, identify any important technical areas or issues where guidance in RG 1.157 should be added, updated, or otherwise modified.

Considering the full set of available data, identify the best-available experimental results and modeling approaches in these areas.

5. Document findings in a report that follows formatting instructions for NUREG series reports.
6. Support NRC staff at an ACRS Meeting as required.
4. STATEMENT OF WORK TASKS Page 5

31310020D0015/31310020F0161 Task 1: Virtual Kick-off Meeting The Contractor shall participate in a virtual kick-off meeting with the NRC staff. The purpose of the kick-off meeting will be to discuss the project and work plan described in this statement of work and for the NRC staff to answer any questions from the Contractor. The meeting will be conducted in Microsoft Teams.

The Contractor shall prepare a written summary of the meeting that includes, at a minimum, the 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: Literature Review to Identify Recent Datasets and Other Information Relevant to LOCA Event The Contractor shall perform a review of the publicly available literature to identify key experimental results and analytical advancements (e.g., improved techniques for uncertainty, nodalization, equation structure, numerics, etc.) pertinent to the LOCA event that have been generated since the publication of NUREG-1230. The Contractor shall prepare a Technical Letter Report (TLR) that includes a summary of the information, organized by subject area. The summary for each experiment shall include such information as the relevant tests and facilities, key results, scope of applicability, and significance. The summary of analytical advancements shall describe the advancement, the source of the advancement, its scope of applicability, and its significance. The Contractor shall identify relevant PIRT results for domestic reactor designs applicable to the LOCA event that exist in public literature and summarize the information, including the PIRT panelists or organization, any purposes or objectives, and results, in the TLR. The TLR shall include bibliographic information in a format consistent with NUREG-0650, Revision 2, to the extent possible, for each referenced experiment, dataset, or source of technical information. The contractor shall incorporate any NRC staff feedback on this TLR into the subsequent TLR deliverable for Task 3. A copy of each reference shall be provided separately to the COR. Upon request, the Contractor shall brief the COR and NRC staff of progress.

Task 3: Review and Assess the Data and Other Information For each relevant physical phenomenon or model feature included in Sections C.3 and C.4 of RG 1.157, considering the full set of available experimental data and modeling approaches (e.g., Revision 0 of RG 1.157, NUREG-1230, the recent data identified), the Contractor shall review and assess the information, identifying (1) the most suitable experimental results for validating analytical models and (2) recommended modeling approaches. The Contractor shall document a basis for which experimental results and modeling approaches are recommended and which are not recommended.

The Contractor shall further review RG 1.157 and identify any additional recommended modifications and updates. The Contractor shall use the PIRT results identified in connection with Task 2 to assess the comprehensiveness of the guidance in RG 1.157. For any areas where assessment of the PIRT results, other information reviewed in connection with the preceding tasks, or the Contractors expert judgment identifies areas where RG 1.157 requires additional or enhanced guidance, the Contractor shall identify the best available experimental Page 6

31310020D0015/31310020F0161 data and modeling approaches. Examples of potential technical areas or issues where guidance could be added or enhanced that were identified by the NRC staff in a preliminary review include:

a. Fuel fragmentation, relocation, and dispersal
b. Thermal conductivity degradation
c. Long-term core cooling (e.g., post-LOCA debris inside reactor vessel, boric acid precipitation, deboration, radiolytic gas generation)
d. Advanced fuel designs (e.g., accident tolerant fuel)
e. Advancements in computational and modeling capabilities
f. New phenomena related to LOCA progression for passive ECCS designs
g. Treatment of uncertainty quantification The Contractor shall document the results of Task 3 in a TLR. This TLR shall expand the TLR provided in Task 2 to further include assessments of each relevant dataset and recommended modeling approaches. The TLR shall also include any additional recommended modifications and updates to RG 1.157. The TLR shall be structured in a manner consistent with the anticipated structure of the NUREG series report manuscript described in Task 4.

The Contractor shall include bibliographic information in a format consistent with NUREG-0650, Revision 2, to the extent possible, for any additional reference materials cited in the TLR in connection with Task 3. While the Task 3 TLR is expected to be less detailed than the final report, the Task 3 TLR shall include one completed example section illustrating how the final report is expected to look. The contractor shall incorporate any NRC staff feedback on this TLR in the NUREG Report deliverable described under Task 4. Upon request, the Contractor shall brief the COR and NRC staff of progress.

Task 4: Develop NUREG Series Manuscript The Contractor shall provide a draft NUREG series report that includes a complete discussion of all the topics discussed above in Tasks 2 and 3. The completion of this task largely involves adding further discussion and detail to the TLR outline structure developed in Task 3. The completed NUREG series manuscript is intended to capture recent experiments and analytical advancements in a manner analogous to the NUREG-1230 report that organized and documented research conducted up through the late 1980s. The report shall include a complete bibliography with reference information for all cited materials. The report shall be prepared in accordance with the formatting instructions for NUREG series reports described in NUREG-0650, Revision 2. The report shall follow the editorial style guidance provided in NUREG-1379, Revision 3. The report shall be submitted to the COR and lead technical engineer to allow for review and comment by cognizant NRC staff. Upon request, the Contractor shall brief COR and NRC staff of progress.

Task 5: Final NUREG Series Manuscript Incorporating NRC Comments The COR will transmit NRC staff comments on the draft report in Task 4 to the Contractor. The Contractor shall revise the draft TLR discussed under Task 4 by addressing all NRC staff comments and then submit that document as the final TLR.

Task 6: ACRS Meeting Support Page 7

31310020D0015/31310020F0161 Upon request by the NRCs COR, the contractor shall provide support to an Advisory Committee on Reactor Safeguard (ACRS) meeting on the update to RG. 1.157, which may include preparation for and participation in the ACRS meeting, providing technical support during the ACRS meeting, and assisting the COR to address ACRS comments and/or questions that arise during the meeting. The meeting schedule will be determined by the Advisory Committee on Reactor Safeguards.

5. APPLICABLE DOCUMENTS AND STANDARDS The following publicly available, internet-accessible documents may contain information relevant to the tasks described in this statement of work. The COR can assist the contractor in obtaining access to these documents upon request.
  • NUREG-0800, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition, Chapters 15.6.5, 15.0.2
  • NEA/CSNI/R(2009)15, State-of-the-Art Report (SOAR) on Fuel Behaviour in Loss-of-Coolant Accident (LOCA) Conditions
  • NEA/CSNI/R(2013)12, Updated Knowledge Base for Long-term Core Cooling Reliability
  • RIL 2021-13, Interpretation of Research on Fuel Fragmentation, Relocation, and Dispersal at High Burnup
6. DELIVERABLES AND DELIVERY SCHEDULE/REPORTING REQUIREMENTS The contractor shall provide the deliverables stated in the table below in electronic format unless directed by the COR. Deliverables shall be prepared using a Microsoft-based product, (e.g., Outlook, Word, Excel, PowerPoint) unless the COR and the contractor specifically agree on another format.

The deliverables shall be submitted to the COR and lead technical engineer. A copy of the Monthly Letter Status Report (MLSR) shall also be submitted to the Contracting Officer (CO).

Unless otherwise directed by the COR or the CO, the contractor must provide all deliverables except the MLSR as draft products. The COR will review all draft deliverables (and coordinate any internal NRC staff review, if needed) and provide comments back to the contractor. The contractor shall incorporate COR comments into the subsequent deliverable. 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.

More than one round of drafts may be needed if the contractor does not successfully incorporate the CORs comments on the previous draft.

The contractor shall develop (as necessary), maintain, and control data, files, information, and Page 8

31310020D0015/31310020F0161 deliverables pursuant to this task order.

Task # Task Milestone/Deliverable Due Date 2 weeks from Virtual Kick-off award of task 1 Meeting Meeting Summary order Identify Recent Datasets and Other Technical Letter Report 10 weeks from 2 Information Relevant including literature summary kick-off meeting to LOCA Event Updated Technical Letter Report that includes literature Review and Assess 12 weeks from assessment and the Data and Other completion of 3 recommendations for updating Information Task 2 RG. 1.157 Draft NUREG Series Report including full description and 10 weeks from Develop NUREG 4 discussions of results and completion of Series Manuscript recommendations from Tasks 2 Task 3 and 3 Final NUREG Series Report 3 weeks from Final NUREG addressing comments from receipt of NRC 5 Series Manuscript COR comments Upon request by the COR, participate in ACRS Meeting.

Deliverables may include ACRS Meeting presentation input and written As directed by 6

Support responses to questions from COR meeting

  • 20th Calendar Monthly Letter Status Report day of the All (MLSR) per the Base Contract following month Notes:
1. Deliverables for Tasks 4 and 5 shall be prepared in accordance with the formatting instructions for NUREG series reports described in NUREG-0650, Revision 2, and shall follow the editorial style guidance provided in NUREG-1379, Revision 3.
2. Because the deliverables for Tasks 2 and 3 will support future development of the NUREG-series manuscripts in Tasks 4 and 5, to support overall project efficiency, the Task 2 and 3 deliverables shall also be prepared in a format compatible with NUREG-0650, Revision 2, to the extent practicable.

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31310020D0015/31310020F0161

  • If no work was performed during the prior month, the contractor shall not prepare and submit an MLSR.
7. REQUIRED LABOR CATEGORIES Individuals who have the required educational background and work experience to meet the objectives of the work specified in this task order. The contractor shall provide a contract project manager (PM) to oversee the effort and ensure the timely submittal of quality deliverables so that all information is accurate and complete.

Minimum Qualification Requirement Contractor technical staff must satisfy the following requirements:

Education: Minimum education standard: Bachelors Degree in Engineering or Science Minimum Years of Title Required Experience Experience General:

Direct project management experience in professional commercial nuclear support services on projects of similar complexity related to:

  • safety, where judgments are made as to whether applicable codes and federal regulations are being, or have been, implemented and/or followed
  • the design, operation, or analysis of nuclear power plants licensed by the NRC Knowledge of regulations and guidance such as NUREGs and Regulatory Guides (RGs) that support safety reviews Specific:

PM 10 Computer code development or applied experience in best-estimate computer codes for fuel and ECCS performance during LOCA events, and acceptable methods for determining the uncertainty in the calculations is preferred.

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31310020D0015/31310020F0161 General:

  • Direct nuclear power related experience in LOCA analysis
  • Knowledge of regulations pertinent to the LOCA event, guidance such as NUREGs and Regulatory Guides (RGs) that supports reviews of safety analysis methods with emphasis on the LOCA event, and technical reports concerning the LOCA event Specific:
  • Experience and expertise with development and validation of computer codes used for analyzing fuel and ECCS performance during LOCA events.
  • In-depth knowledge of important research supporting LOCA Technical evaluation models.

Staff

  • Experience and expertise in using in best-estimate computer codes for fuel and ECCS performance (SME/ during LOCA events, and in applying acceptable methods for STR/ TR) determining the uncertainty in the calculations.

While each member of the proposed technical staff shall 10 meet the above qualifications, it is recognized that individuals may have areas of particular expertise relative to physical phenomena (e.g., thermal-hydraulics, fuel behavior, statistics, etc.) or reactor design (e.g., pressurized-water reactor, boiling-water reactor, small modular reactor). The team of technical staff proposed by the contractor shall have a breadth of expertise and knowledge sufficient to cover the full scope of physical phenomena and analytical techniques applicable to modeling the LOCA event for all relevant light-water reactor designs.

8. GOVERNMENT-FURNISHED PROPERTY None
9. PERIOD OF PERFORMANCE Refer to Section F.2 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)
10. PLACE OF PERFORMANCE All work shall be performed at the contractors site, except for travel described in Section 11.0.of the SOW.
11. SPECIAL CONSIDERATIONS TRAVEL/MEETINGS As necessary, the COR may request that the Contractor travel to support one, 2-person, 2-day ACRS meeting at the NRCs Rockville, Maryland headquarters.

Contractor will be authorized travel expenses consistent with the Federal Travel Regulations Page 11

31310020D0015/31310020F0161 (FTR) and the limitation of funds specified in this task order.

Travel will be reimbursed in accordance with FAR 31.205-46, Travel costs and the General Services Administrations Federal Travel Regulations at:

http://www.gsa.gov/portal/content/104790 All travel requires prior written approval from the COR.

12. SECURITY Work on this task order will be UNCLASSIFIED and will not involve the handling of documents that contain proprietary information.

Section D - Packaging and Marking was revised as follows.

Summary of Clause Changes:

Clause titled PACKAGING AND MARKING is incorporated as follows:

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.

Clause titled BRANDING is incorporated as follows:

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 Reactor Regulation, under Contract/order number 31310020D0015/31310020F0161.

Section E - Inspection and Acceptance was revised as follows.

Summary of Clause Changes:

Clause titled INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013) is incorporated as follows:

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31310020D0015/31310020F0161 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:

Refer to Section C.1, Statement of Work, Subsection 6 Section F - Deliveries or Performance was revised as follows.

Summary of Clause Changes:

Clause titled PLACE OF DELIVERY-REPORTS is incorporated as follows:

PLACE OF DELIVERY-REPORTS

a. Contracting Officer's Representative (COR):

Refer to Section G.2 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)

b. Contract Specialist (1 electronic copy) - Monthly Letter Status Report (MLSR) Only Rachel Glaros rachel.glaros@nrc.gov Clause titled TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013) is incorporated as follows:

TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)

This order shall commence on 09/29/2020 and will expire on 09/29/2023.

Section G - Contract Administration Data was revised as follows.

NRC Local Clauses Incorporated by Full Text Summary of Clause Changes:

Clause titled REGISTRATION IN FEDCONNECT (MAY 2021) is incorporated as follows:

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 Page 13

31310020D0015/31310020F0161 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.

Clause titled ELECTRONIC PAYMENTS (DEC 2017) - Alternate 1 is incorporated as follows:

ELECTRONIC PAYMENTS (DEC 2017) - ALTERNATE 1 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 on the payees letterhead, invoice, or on the Governments Standard Form 1034, Public Voucher for Purchases and Services Other than Personal, and Standard Form 1035, Public Voucher for Purchases Other than Personal -

Continuation Sheet. The preferred method of submitting invoices is electronically to:

NRC@fiscal.treasury.gov .

Summary of Clause Changes:

Clause 2052.215-71 is incorporated as follows:

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:

COR Name: John Budzynski Address:

U.S. Nuclear Regulatory Commission Office Nuclear Reactor Regulation Washington, DC 20555-0001 Phone No.: 301-415-1979 Email Address: john.budzynski@nrc.gov Alternate COR Name: Joshua Miller Address:

U.S. Nuclear Regulatory Commission Office Nuclear Reactor Regulation Washington, DC 20555-0001 Phone No.: 301-415-8398 Email Address: joshua.miller@nrc.gov Page 14

31310020D0015/31310020F0161 (b) Performance of the work under this contract is subject to the technical direction of the NRC COR. The term "technical direction" is defined to include the following:

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

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

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

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

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

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

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

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

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

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

(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 Page 15

31310020D0015/31310020F0161 direction is within the scope of this article and does not constitute a change under the "Changes" clause.

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

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

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

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

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

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

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

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

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

(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)

Clause 2052.215-78 is incorporated as follows:

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31310020D0015/31310020F0161 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) - ALTERNATE I (OCT 1999)

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

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

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

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

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

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

Section H - Special Contract Requirements was revised as follows.

NRC Local Clauses Incorporated by Full Text Summary of Clause Changes:

Clause titled SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORTS OR THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS (JUL 2016) is incorporated as follows:

SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORTS OR THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS (JUL 2016)

Review and Approval of Reports (a) Reporting Requirements. The contractor/grantee shall comply with the terms and conditions of the contract/grant regarding the contents of the draft and final report, summaries, data, and related documents, to include correcting, deleting, editing, revising, modifying, formatting, and Page 17

31310020D0015/31310020F0161 supplementing any of the information contained therein, at no additional cost to the NRC.

Performance under the contract/grant will not be deemed accepted or completed until it complies with the NRCs directions, as applicable. The reports, summaries, data, and related documents will be considered draft until approved by the NRC. The contractor/grantee agrees that the direction, determinations, and decisions on approval or disapproval of reports, summaries, data, and related documents created under this contract/grant remain solely within the discretion of the NRC.

(b) Publication of Results. Prior to any dissemination, display, publication, or release of articles, reports, summaries, data, or related documents developed under the contract/grant, the contractor/grantee shall submit them to the NRC for review and approval. The contractor/

grantee shall not release, disseminate, display or publish articles, reports, summaries, data, and related documents, or the contents therein, that have not been reviewed and approved by the NRC for release, display, dissemination or publication. The contractor/grantee agrees to conspicuously place any disclaimers, markings or notices, directed by the NRC, on any articles, reports, summaries, data, and related documents that the contractor/grantee intends to release, display, disseminate or publish to other persons, the public, or any other entities. The contractor/grantee agrees, and grants, a royalty-free, nonexclusive, irrevocable worldwide license to the government, to use, reproduce, modify, distribute, prepare derivative works, release, display or disclose the articles, reports, summaries, data, and related documents developed under the contract/grant, for any governmental purpose and to have or authorize others to do so.

(c) Identification/Marking of Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information (SGI). The decision, determination, or direction by the NRC that information possessed, formulated or produced by the contractor/grantee constitutes SUNSI or SGI is solely within the authority and discretion of the NRC. In performing the contract/grant, the contractor/grantee shall clearly mark SUNSI and SGI, to include for example, OUO-Allegation Information or OUO-Security Related Information on any reports, documents, designs, data, materials, and written information, as directed by the NRC. In addition to marking the information as directed by the NRC, the contractor shall use the applicable NRC cover sheet (e.g., NRC Form 461 Safeguards Information) in maintaining these records and documents. The contractor/grantee shall ensure that SUNSI and SGI is handled, maintained and protected from unauthorized disclosure, consistent with NRC policies and directions. The contractor/grantee shall comply with the requirements to mark, maintain, and protect all information, including documents, summaries, reports, data, designs, and materials in accordance with the provisions of Section 147 of the Atomic Energy Act of 1954 as amended, its implementing regulations (10 CFR 73.21), Sensitive Unclassified Non-Safeguards and Safeguards Information policies, and NRC Management Directives and Handbooks 12.5, 12.6 and 12.7.

(d) Remedies. In addition to any civil, criminal, and contractual remedies available under the applicable laws and regulations, failure to comply with the above provisions, and/or NRC directions, may result in suspension, withholding, or offsetting of any payments invoiced or claimed by the contractor/grantee.

(e) Flowdown. If the contractor/grantee intends to enter into any subcontracts or other agreements to perform this contract/grant, the contractor/grantee shall include all of the above provisions in any subcontracts or agreements.

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31310020D0015/31310020F0161 Clause titled WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES is incorporated as follows:

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).

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

Clause titled GREEN PURCHASING (SEP 2015 ) is incorporated as follows:

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 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.

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31310020D0015/31310020F0161 Clause 2052.209-72 is incorporated as follows:

2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)

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

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

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

(c) Work for others.

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

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

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

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

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31310020D0015/31310020F0161 (ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.

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

(d) Disclosure after award.

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

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

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

(e) Access to and use of information.

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

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31310020D0015/31310020F0161 (i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.

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

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

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

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

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

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

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

(1) If the contractor under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to Page 23

31310020D0015/31310020F0161 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)

Section J - List of Documents, Exhibits and Other Attachments was revised as follows.

Table has been revised and now reads as follows:

Number Attachment Title Date of Number Pages Billing Instructions for Cost Plus Fixed Fee 1 09/20/2018 10 Contracts Page 24

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