ML19261B829

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NRC-2019-000404 - Resp 1 - Final, Agency Records Subject to the Request Are Enclosed
ML19261B829
Person / Time
Issue date: 09/17/2019
From:
NRC/OCIO
To:
Shared Package
ML19261B968 List:
References
FOIA, NRC-2019-000404
Download: ML19261B829 (25)
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Text

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 11* REQUISITION NUMBER IPAGlE OF I 19 OFFERORTO COMPLETE BLOCKS 12, 17, 23, 24, &30 NRR-15-0022

2. CONTRACT NO, 3, AWARD/ ~;ORDER NUMBER 1'5. SOLICITATION NUMBER i:6CS0LICITAT10N EFFECTIVE DATE ISSUE DATE 1 RC-HQ~20-15-P-0001 .
7. FOR SOLICITATION a.NAME ,b. TELEPHONE NUMBER . /No collect calls) 18. OFFER DUE DATE/LOCAL TIME 9.ISSUEDBY INFORMATION CALL:

l ASHLEE BUSHELL CODE JNRCHQ

!301-492-3486

10. THIS ACQUISITION IS 1] UNRESTRICTED OR ]) SET ASIDE: 100. 00 o/, FOR:

WOMEN-OWNED SMALL BUSINESS US NRC - HQ tl\'J SMALL BUSINESS [l (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED ACQUISITION MANAGEMENT DIVISION C HUBZONE SMALL BUSINESS SMAIi Rt L<:INFS." PROC.RAM DEDWOSB NAICS:

5_4 l 611 MAIL STOP 3WFN-05-C64MP 0 SERVICE-DISABLED LJ S(A)

$15 . 0 WASHINGTON DC 20555-0001 VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS* 13b. RATING TION UNLESS BLOCK IS .0 13a. THIS CONTRACT IS A MARKED RATED ORDER UNDER
14. METHOD OF SOLICITATION DPAS (15 CFR 700)

[J SEE SCHEDULE [] RFD O IFB iJ RFP 15.0ELIVERTO CODE JNRCHQ

..__ _ _ _ _ _ _ _ _ _ _-l 16. ADMINISTERED BY CODE jNRCHQ US NUCLEAR REGULATORY *.COMMISSION- US .NRC - HQ MAIL PROCESSING CENTER ACQUISITION MANAGEMENT DIVISION 4930 BOILING BROOK PARKWAY MAIL STOP 3WFN-05-C64MP ROCKVILLE MD 20852 WASHINGTON DC 20555-0001 805878878 FACILITY! 18a. PAYMENT WILL BE MADE BY jNRCPAYMENTS 17a. CONTRACTOR/

OFFEROR CODE

<---------*

. I CODE I< - - - - - - - - - 1 CODE ZERO GRAVITY GROUP LLC THE US NUCLEAR REGULATORY COMMISSION TURNING CREEK CT ONE WHITE FLINT NORTH POTOMAC MD 20854-407,6. 11555 ROCKVILLE PIKE MAILSTOP 03-El7A ROCKVILLE HD 20852-2738 TELEPHONE NO.

[]17b. CHECK IF REMITTANCE I_S DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMITINVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

. IS CHECKED CsEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT New acquisition requested for a facilitator to support the SONGS meeting October 27, 2014 Period of Pevformance: 10/24/2014 to 10/31/2014 00001 Facilitator Services 3,500.00 00002 Travel - Cost Reimbursable 1,211.50 Continued ...

(Use Rever.sa and/or Attach Additional Sheets as Necessary)

25. ACCOUNITING AND APPROPRIATION DATA ~6. TOTAL AWARD AMOUNT /For Govt. Use Only/

2015-X0200-FEEBA SED-20-20D005-1l-4 -151-1061-252A I $4,711.so

J 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212*1, 52.212-4. FAR 52.212-3 AND 52.212*5 ARE ATTACHED. ADDENDA [] ARE C ARE NOT ATTACHED.

~ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATIACHED. ADDENDA fZ: ARE OARE NOT ATIACHED.

Ki 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 '.J 29. AWARD OF CONTRACT: __ *---*- ___ ------*** _____ OFFER

~-

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ANO DELIVER DATED . YOUR _OFFER ON SOLICITATION (BLOCK 5),

All ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFERORICONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF COWTRACT/NG OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 13cc. DATE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

~SHLEE BUSHELL 10/22/2014 1

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 212012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA* FAR (48 CFR) 53.212

2 of 19

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT The obligated amount of award: $4,711.50. The \

total for this award is shown in box 26.

'

32a. QUANTITY IN COLUMN 21 HAS BEEN C RECEIVED 0 INSPECTED 0 ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED*

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 132c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 329. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP. NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR

[l COMPLETE Cl PARTIAL CJ FINAL 0 PARTIAL D FINAL

38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40.PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER .41c. DATE 42b .. RECEIVED AT (Localion) 42c. DATE REC'D (YYIMMJDD} 142d. TOTAL co_NTAINERS STANDARD FORM 1449 (REV. 2/2012) BACK

SECTION A-A.2 PRICE/COST SCHEDULE LABOR HOURS PERIOD OF PERFORMANCE: 10/27/2014 CLIN DESCRIPTION UNIT PRICE UNIT EST.QTY EST. TOTAL l(b)(4) Hour l(b)(4) $3,500.00 0001 Facilitator Services ESTIMATED LABOR HOURS SUBTOTAL $3,500.00 COST REIMBURSABLE PERIOD OF PERFORMANCE: 10/26/2014-10/28/ 2014 CLIN DESCRIPTION EST. TOTAL 0002 Travel*

(Cost Reimbursable) (NOT TO Exceed) The government will pay up to the rates specified in the Government Federal Travel Regulations (FTR) for travel destination. Hotel. reservations will be made by the contractor and will be reimbursed for actual costs only, with receipts/back up documentation attached to the invoice. PAYMENTS WILL NOT BE MADE WITHOUT SUPPORTING DOCUMENTATION $1,211.50 ESTIMATED COST REIMBURSABLE SUBTOTAL $1,211.50 ESTIMATED GRAND TOTAL $4,711.50 A.3 NRCB084A CONSIDERATION AND OBLIGATION-LABOR-HOUR CONTRACT ALTERNATE I (a) The ceiling price to the Government for full performance under CUN 0001 Facilitator Services under this contract is $3,500.00. *

(b) The contract includes direct labor hours at specified fixed hourly rates, inclusive of wages, fringe, overhead, general and administrative expenses, and profit. *

(c) It is estimated that the amount currently obligated will cover performance through October 27, 2014.

{d) This is a fully~funded contract and FAR 52.232 "Limitation of Cost" applies.

A.4 NRCB030 CONSIDERATION AND OBLIGATION-CO ST REIMBURSEMENT (a) The total estimated cost to the Government for CUN 0002 Travel under this contract is $1,211.50.

(b) The amount obligated by the Government with respect to this contract is $1,211.50.

(c) This is a fully-funded contract and FAR 52.232 "Limitation of Cost" applies.

A.5 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUL 2013)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-Page 3 of 19

(1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

{b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

{c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended {41 U.S.C. 601-613).

  • Failure of the parties to.this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispu.te arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays; The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-(i) Name and address of the Contractor; (ii) Invoice date and number;

{iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended* price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and Page 4 of 19

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (0MB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact.

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(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of th_e Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid. because the Contractor has requested an installment payment agreement; or *

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

0) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage-to the supplies
  • provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

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(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Gov.ernment at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(I) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and

  • conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for defa,ult, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere tn this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use _for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5.

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(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments (9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance

  • and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the nanie in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as*

appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. *

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal*

instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any Page 8 of 19

person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

A.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for_ Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by* reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

D (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

D (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 201 O)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

D (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

D (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.

109-282) (31 U.S.C. 6101 note).

  • D (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L.

111-5).

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D (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jul 2013) (31 U.S.C. 6101 note).

D (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

D (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub.

L. 111-8, and section 745 of Division D of Pub. L. 110-161).

D (9) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).

D (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011)

{if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

  • D (11) [Reserved]

D (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

D (ii) Alternate I (NOV 2011 ).

D (iii) Alternate 11 (NOV 2011 ).

D {13)(i) 52.219-7, Notice of Partial Small Business Set-Aside {June 2003) (15 U.S.C. 644).

D (ii) Alternate I (Oct1995) of 52.219-7.

D (iii) Alternate II (Mar 2004) of 52.219-7.

D (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637{d)(2) and (3)).

D (15){i) 52.219-9, Small Business Subcontracting Plan {Jul 2013) (15 U.S.C. 637{d){4)).

D {ii) Alternate I {Oct 2001) of 52.219-9.

D {iii) Alternate II {Oct 2001) of 52.219-9.

  • D (iv) Alternate Ill {JUL 2010) of 52.219-9.

D (16) 52.219-13, Notice of Set-Aside of Orders {NOV 2011) (15 U.S.C. 644{r)).

D (17) 52.219-14,*Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637{a)(14)).

D (18) 52.219-16, Liquidated Damages--Subcontracting Plan {Jan 1999) (15 U.S.C. 637{d){4){F){i)).

D (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

D (ii) Alternate I (June 2003) of 52.219-23.

D (20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

Page 10 of 19

D (21) 52.219-26, Small Disadvantaged Business Participation Program--lncentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

D (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

D (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

D (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

D (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

[X] (26) 52.222-3, Convict Labor (June 2003) (E.O. ] 1755).

[X] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).

D (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

D (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

D (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

D (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

D (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

D (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(E.O. 13496).

D (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable I to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

D (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

D (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

D (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

D (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). .

D (ii) Alternate I (DEC 2007) of 52.223-16.

[X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

D (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 1Oa-1 Od).

Page 11 of 19

D (40)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (NOV 2012) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-

43) .

. D (ii) Alternate I (MAR 2012) of 52.225-3.

0 (iii) Alternate II (MAR 2012) of 52.225-3.

D (iv) Alternate Ill (NOV 2012) of 52.225-3.

D (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

D (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 1O U.S.C. 2302 Note).

D (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

D (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

D (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

D (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

[X] (48) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 u.s.c. 3332).

D (49) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

D (50) 52.232-36, Payment by Third Party (Jul 2013) (3*1 U.S.C. 3332).

D (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

D (52)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

  • D (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

D (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

D (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

Page 12 of 19 J

D (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

D (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

D (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

D (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

D (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.0.13495).

D (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247)

D (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Titl.e VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

Page 13 of 19

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in

  • accordance with paragraph (I) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v} 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012)

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

  • (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

  • Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accorda.nce with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.212-4 CONTRACT TERMS AND CONDITIONS- JUL 2013 COMMERCIAL ITEMS 52.213-3 NOTICE TO SUPPLIER APR 1984 Page 14 of 19

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED JUN 2013 OBLIGATIONS 52.233-1 DISPUTES JUL 2002 1030 NRC ACQUISITION REGULATION (NRCAR) AUG 2011 PROVISIONS AND CLAUSES A.8 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY (a) The contracting officer's representative (COR) for this contract is:

Name: Andrea Torres Phone:301-415-1738 Email: Andrea.Torres@nrc.gov Address: 11555 Rockville Pike MS: OWFN/ 13 E19 Rockville, MD 20852 (b) The COR shall:

(1) Monitor contractor performance and recommend changes in requirements to the contracting officer.

(2) Inspect and accept products/services provided under the contract.

(3) Review all contractor invoices/vouchers requesting payment for products/services provided under the contract and make recommendations for approval, disapproval, or suspension.

(c) The COR may not make changes to the express terms and conditions of this contract.

A.9 KEY PERSONNEL (JAN 1993)

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

  • l(b)(6) I

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

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

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.

Page 15 of 19

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer.for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

A.10 PERIOD OF PERFORMANCE (AUG 2011)

This contract shall commence on October 24, 2014 and will expire on October 31, 2014.

A.11 ELECTRONIC PAYMENT (JUN 2013)

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- Central Contractor Registration".

To receive payment, the contractor shall prepare invoices in accordance with NRC's Billing Instructions.

Claims shall be submitted on the payee's letterhead, invoice, or on the Government's 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 the Department of the Interior at NRCPayments@nrc.gov. If the contractor submits a hard copy of the invoice, it shall be submitted to the following address:

NRC Payments U.S. Nuclear Regulatory Commission One White Flint North Mailstop 03-E17A 11555 Rockville Pike Rockville, MD 20852-2738 A.12 BRANDING (AUG 2012)

The Contractor is required to include the statement below in any publications, presentations, articles, products, or materials funded under this contracUorder, 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 ContracUorder number NRC-HQ-20-15-P-0001.

A.13 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (AUG 2011)

NRC contractors are responsible to ensure that their alien personnel are not in violation of United States immigration laws and regulations, including employment authorization documents and visa requirements, Each alien employee of the Contractor must be lawfully admitted for permanent residence as evidenced by Permanent .Resident Form 1-551 (Green Card), or must present other evidence from the U.S. Department of Homeland Security/U.S. Citizenship and Immigration Services that employment will not affect his/her immigration status. The U.S. Citizenship and Immigration Services provides information to contractors to help them understand the employment eligibility verification process for non-US citizens. This information can be found on their website, http://www.uscis.gov/ portal/site/uscis.

Page 16 of 19

The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or its equipmenUservices, and/or take any number of contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.

A.14 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (AUG 2011)

(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.

A.15 GREEN PURCHASING (JUN 2011)

(a) In furtherance of the sustainable acquisition goals of Executive Order 13514, "Federal Leadership in Environmental, Energy, and Economic Performance" products and services provided under this contract/order shall be energy- efficient (Energy Star or Federal Energy Management Program (FEMP) designated), water-efficient, biobased, environmentally preferable (e.g., Electronic Product Environmental Assessment Tool (EPEAT) certified), non-ozone depleting, contain recycled content, or are non-toxic or less toxic alternatives, where such products and services meet agency performance requirements.

http://www.fedcenter.gov/programs/eo13514/

(b) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contracUorder.

A.16 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS (AUG 2011)

The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. It is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.

A.17 REGISTRATION IN FEDCONNECT (JULY 2014)

The Nuclear Regulatory Commission (NRC) uses Compusearch Software Systems' 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. Therefore, in order to do business with the NRC, vendors and contractors must register to use FedConnect at https://www.fedconnect.net/FedConnect. The individual registering in Page 17 of 19

FedConnect must have authority to bind the vendor/contractor. There is no charge for using FedConnect. Assistance with FedConnect is provided by Compusearch Software Systems, not the NRC.

FedConnect contact and assistance information is provided on the FedConnect web site at https://www. fedconnect. neUF edConnect.

A.18 TRAVEL APPROVALS AND REIMBURSEMENT ALTERNATE 1 (OCT 1999)

{a) Total expenditure for travel may not exceed $1,211.50 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 accord;mce 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 (0MB) guidance are not exceeded. Applicable guidance documents include 0MB Circular A-87, Cost Principles for State and Local Governments; 0MB Circular A-122, Cost Principles for Nonprofit Organizations; and 0MB Circular A-21, Cost Principles for Educational Institutions.

A.19 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012)

This clause implements the temporary policy.provided by 0MB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon .receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

Page 18 of 19

SECTION B - STATEMENT OF WORK A. . BACKGROUND The U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Reactor Regulation (NRR) will be hosting the San Onofre Nuclear Generating Station (SONGS) Post-Shutdown Decommissioning Activities Report (PSDAR) Public Meeting. These periodic meetings have occurred over the last two years within the vicinity of SONGS (San Clemente, CA). Similarly, this year's meeting will provide the general public the opportunity to discuss and comment on the planned SONGS post-shutdown activities. The purpose of this Statement of Work (SOW) is to contract with a meeting facilitator in support of the upcoming SONGS public meeting, which is scheduled for October 27, 2014.

B. OBJECTIVE The objective of this contract is to acquire meeting facilitation services from an experienced and qualified contractor.

C. MEETING VENUE AND DATE The meeting will occur on October 27, 2014 at the Poinsettia Ballroom at the Omni La Costa Resort in Carlsbad, California. The scheduled set-up for this meeting will occur between 2:00 p.m. and 5:30 p.m. on the date of the meeting. The meeting will occur following the setup between 6:00 p.m. and 9:30 p.m. The facility will be open at 5:30 p.m. for registration/sign-in on the date of the meeting.

D. NUMBER OF ATTENDEES The venue will be able to host up to approximately 500 attendees. The NRC is anticipating approximately 300

- 400 people to participate in the public PSDAR meeting at this time. The meeting will consist of individuals from the general public and NRC staff.

E. MEETING FORMAT The meeting proper will be conducted between 6:00 p.m. and approximately 9:00 p.m. The first hour of the meeting will consist of PowerPoint presentations by the NRC staff and the SONGS licensee from the stage in the front of the room. The last two hours of the meeting will consist of comments from the public and a Question and Answer session between the NRC staff and members of the public. The facilitator will have a hand-held wireless microphone. A second hand-held microphone will be available for meeting attendees to use. The facilitator will moderate/facilitate the dialogue between the NRC staff and the members of the public throughout the meeting. The meeting will be video-recorded, but not webcast or teleconferenced.

F. MEETING SPACE The meeting venue will accommodate up to 500 people in a single room, with multiple rows of theater-style seating. The seats will generally be arranged with a maximum of five (5) sections consisting of twelve (12) to fifteen (15) seats per row with approximately ten (10) columns of seats within each section. The aisles wili be at least four (4) feet wide.

G. MEETING SECURITY The NRC will provide security personnel to monitor the SONGS PSDAR public meeting. The contractor (facilitator) shall be willing to cooperate and coordinate with the NRC security personnel as needed to ensure the safety and security of both NRC staff and meeting attendees. The contractor shall participate in a security briefing with the NRC staff at 4:00 p.m. on the day of the meeting.

Page 19 of 19

Attachment BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (MAY 2013)

General: During performance and through final payment of this contract, the contractor is responsible for the accuracy and completeness of data within the Central Contractor Registration (CCR) database and for any liability resulting from the Government's reliance on inaccurate or incomplete CCR data.

The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner and format described herein. FAILURE TO SUBMIT INVOICESNOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICENOUCHER AS IMPROPER.

Standard Forms: Reimbursement requests shall be submitted on the payee's letterhead, invoice/voucher, or on the Government's Standard Form 1034, "Public Voucher for Purchases arid Services Other than Personal,"

and Standard Form 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet."

Electronic lnvoiceNoucher Submissions: The preferred method of submitting invoices/vouchers is electronically to the U.S. Nuclear Regulatory Commission, via er:nail to: NRCPayments@nrc.gov.

Hard-Copy lnvoiceNoucher Submissions: If you submit a hard-copy of the invoice/voucher, a signed original and supporting documentation shall be submitted to the following address:

NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop 03-E17A Rockville, MD 20852-2738 Purchase of Capital Property: ($50,000 or more with life of one year or longer)

Contractors must report to the Contracting Officer, electronically, any capital property acquired with contract funds having an initial cost of $50,000 or more, in accordance with procedures set forth in NRC Management Directive (MD) 13.1, IV, C - "Reporting Requirements" (revised 2/16/2011).

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

Frequency: The contractor shall submit requests for reimbursement once each month, unless otherwise

.authorized by the Contracting Officer.

Format: lnvoicesNouchers shall be submitted in the format depicted on the attached sample form.entitled "lnvoiceNoucher for Purchases and. Services Other Than Personal". Alternate formats are permissible only if they address all requirements of the Billing Instructions. The instructions for preparation and itemization of the invoice/voucher are included with the sample form.

Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task order with detailed cost information. This includes all applicable cost elements and other items discussed in paragraphs (a) through (s) of the attached instructions. In addition, the invoice/voucher must specify the contract number, and the NRG-assigned task/delivery order number.

Billing of Costs after Expiration of Contract: If costs are incurred during the contract period and invoiced after the contract has expired, you must cite the period during which these costs were incurred. To be Page 1 of 6

Attachment considered a proper expiration invoice/voucher, the contractor shall clearly mark it "EXPIRATION INVOICE" or "EXPIRATION VOUCHER".

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

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

Page 2 of 6

Attachment INVOICENOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT - COVER SHEET)

1. Official Agency Billing Office NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop 03-E17A Rockville, MD 20852-2738
2. lnvoiceNoucher Information
a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's Data Universal Number (DUNS) or DUNS+4 number that identifies the Payee's name and address. The DUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
b. Payee's Name and Address. Show the name of the Payee as it appears in the contract and its correct address. If the Payee assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, thePayee shall require as a condition of any such. assignment, that the assignee shall register separately in the Central Contractor Registration (CCR) database at http://www.ccr.gov and shall be paid by EFT in accordance with the terms of this contract. See Federal Acquisition Regulation (FAR) 52.232-33(9)

Payment by Electronic Funds Transfer - Central Contractor Registration (October 2003).

c. Taxpayer Identification Number. The Payee shall include the Payee's taxpayer identification number (TIN) used by the Internal Revenue Service (IRS) in the administration of tax laws. (See IRS Web site:

http://www.irs.gov/Businesses/Small-Businesses-&-Self~Employed/Employer-lD-Numbers-(E1Ns)).

d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSA Federal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple Agency Contract (MAC) number, as applicable.
e. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than one task order per invoice or the invoice may be rejected as improper.
f. lnvoiceNoucher. The appropriate sequential number of the invoice/voucher, beginning with OOl should be designated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3-digit sequential number.
g. Date of Invoice/Voucher. Insert the date the invoice/voucher is* prepared.
h. Billing period. Insert the beginning and ending dates (day, month, year) of the period during which costs were incurred and for which reimbursement is requested.
i. Labor Hours Expended. Provide a general summary description of the services performed and associated labor hours utilized during the invoice period. Specify the Contract Line Item Number (CUN) or SubCLIN, as applicable, and information pertaining to the contract's labor categories/positions, and corresponding authorized hours.

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j. Property. For contractor acquired property, list each item with an initial acquisition cost of $50,000 or more and provide: (1) an item description, (2) manufacturer, (3) model number, (4) serial number, (5) acquisition cost, (6) date of purchase, and (7) a copy of the purchasing document.
k. Shipping. Insert weight and zone of shipment, if shipped by parcel post.

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

m. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.
n. For Indefinite Delivery contracts, the final invoice/voucher shall be marked "FINAL INVOICE" or "FINAL*
  • VOUCHER".
o. Direct Costs. Insert the amount billed for the following cost elements, adjustments, suspensions, and total amounts, for both the current billing period and for the cumulative period (from contract inception to end date of this billing period).

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

Labor Hours Burden~d Cumulative Category Billed Hourly Rate Total Hours Billed (2) Contractor-acquired property ($50,000 or more). List each item costing $50,000 or more and having a life expectancy of more than one year. List only those items of equipment for which reimbursement is requested. For each such item, list the following (as applicable): (a) an item description, (b) manufacturer, (c) model number, (d) serial number, (e) acquisition cost, (f) date of purchase, and (g) a copy of the purchasing document.

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

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

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

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

Start Date Destination . Costs From To From To $

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

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

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p. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.
q. Adjustments. *Insert columns for any adjustments, including outstanding suspensions for unsupported or unauthorized hours or costs, for the current and cumulative periods.
r. Grand Totals.
3. Sample lnvoiceNoucher Information Sample lnvoiceNoucher Information (Supporting Documentation must be attached)

This invoice/voucher represents reimbursable costs for the billing period from _ _through_ _.

Amount Billed (a) Direct Costs . Current Period Cumulative (1) Direct burdened labor $_ _ __ $_ _ __

(2) Government property ($50;000 or more) $_ _ _ _ $_ _ __

(3) Government property, Materials, and Supplies (under $50,000 per item) $_*_ __ $_ _ __

(4) Materials Handling Fee * $_ _ __ $_ _ __

(5)

  • Consultants Fee* $_ _ __ $_ __

(6) Travel $_ _ __ $_ _ __

(7) Subcontracts $_ _ __ $_ _ __

Total Direct Costs: $_ _ __ $....;...._ __

\

$_ _ __ $_ _ __

(b) Total Amount Billed (c} Adjustments(+/-) $_ _ __ *$_ _'---_

$_ _ __ $_ _ __

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

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

  • Cost Elements:
1) Direct Burdened Labor - $4,800 Labor Hours Burdened Cumulative Category Billed Rate Total Hours Billed Senior Engineer I 100 $28.00 $2,800 975 Engineer 50 $20.00 $1,000 465 Computer Analyst
  • 100 $10.00 $1,000 320

_.$4,800 1,760 hrs.

Burdened labor rates must come directly from the contract.

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2) Government-furnished and contractor-acquired property ($50,000 or more) - $60,000 Prototype Spectrometer - item number 1000-01 = $60,000
3) Government-furnished and contractor-acquired property (under $50,000), Materials, and Supplies - $2,000 10 Radon tubes @ $110.00 = $1,100 6 Pairs Electrostatic gloves@ $150.00 =~

$2,000

4) Materials Handling Fee - $40 (2% of $2,000 in item #3)
5) Consultants' Fee - $100 Dr. Carney - 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> fully-burdened@ $100 = $100
6) Travel - $2,640 (i) Airfare: (2 Roundtrip trips for 1 person @ $300 per r/t ticket)

Start Date End Date Days From To Cost 4/1/2011 4/7/2011 7 Philadelphia, PA Wash, D.C. $300 7/1/2011 7/8/2011 8 Philadelphia, PA Wash, D.C. $300 (ii) Per Diem: $136/day x 15 days= $2,040

7) Subcontracting - $30,000 Company A = $10,000 CompanyB = $20,000

$30,000 (EX: Subcontracts for Companies A & B were consented to by the Contracting Officer by letter dated 6/15/2011.)

Total Amount Billed $99,580 Adjustments (+/-) 0 Grand Total $99,580

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

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