ML18292A829

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Modification No. 007 to Task Order No. NRC-HQ-25-16-T-0001 Under Contract No. NRC-HQ-25-14-E-0004
ML18292A829
Person / Time
Issue date: 09/20/2018
From: Mary Thompson
Acquisition Management Division
To: Edelstein P
Numark Associates
References
NRC-HQ-25-14-E-0004
Download: ML18292A829 (5)


Text

1. CONTRACT ID CODE PAGE OF PAGES AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 5

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

M0007 See Block 16C NRO-18-0112

6. ISSUED BY CODE NRCHQ 7. ADMINISTERED BY (If other than Item 6) CODE US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-07B20M WASHINGTON DC 20555-0001
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

(x) 9A. AMENDMENT OF SOLICITATION NO.

NUMARK ASSOCIATES INC ATTN PAUL EDELSTEIN 9B. DATED (SEE ITEM 11) 1220 19TH ST NW STE 500 WASHINGTON DC 200362444 x 10A. MODIFICATION OF CONTRACT/ORDER NO.

NRC-HQ-25-14-E-0004 NRC-HQ-25-16-T-0001 10B. DATED (SEE ITEM 13)

CODE FACILITY CODE 08/29/2016 788247377

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing Items 8 and 15, and returning ___________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) Net Increase: $42,707.13 See Schedule
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

X FAR 52.232-22 Limitation of Funds; 52.243-2 Changes - Cost Reimbursement E. IMPORTANT: Contractor is not 1 x is required to sign this document and return __________________ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this modification is to: 1) provide incremental funding in the amount of

$42,707.13, hereby increasing the obligated amount from

$470,000.00 to $512,707.13, to fully-fund the task order; and 2) to replace in its entirety the Export Controlled Information (ECI) clause that was incorporated into this task order on Modification number 02.

Accordingly the contract is modified as follows:

Continued ...

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

MARK THOMPSON 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED 09/20/2018 (Signature of person authorized to sign) (Signature of Contracting Officer)

Previous edition unusable STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET NRC-HQ-25-14-E-0004/NRC-HQ-25-16-T-0001/M0007 2 5 NAME OF OFFEROR OR CONTRACTOR NUMARK ASSOCIATES INC ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F)

1. Under SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS, clause B.1 PRICE/COST SCHEDULE, NRCB044 CONSIDERATION AND OBLIGATIONINDEFINITE-QUANTITY CONTRACT, paragraph (c) is replaced in its entirety with the following:

(c) The amount currently obligated by the Government with respect to this contract is

$512,707.13, of which the sum of represents the estimated reimbursable costs, and of which represents the fixed-fee.

2. The ECI clause is deleted in its entirety and replaced with the language in Attachment 1 to this modification.

Task Order Ceiling: $512,707.13 (unchanged)

Task Order Obligations: $512,707.13. (changed)

Period of Performance: 09/06/2016 through 01/01/2020 (unchanged)

All other terms and conditions of this task order remain unchanged.

LIST OF CHANGES:

Reason for Modification: Funding Only Action Obligated Amount for this Modification: $42,707.13 New Total Obligated Amount for this Award:

$512,707.13 Incremental Funded Amount changed: from

$470,000.00 to $512,707.13 IPP Department ID changed to :

CHANGES FOR LINE ITEM NUMBER: 1 Obligated Amount for this Modification: $42,707.13 Incremental Funded Amount changed from

$454,012.81 to $496,719.94 FOB changed from Destination to NEW ACCOUNTING CODE ADDED:

Account code:

2018-X0200-FEEBASED-25-25D008-3010-17-4-118-251A-1 7-4-118-3010 BBFY 2018 EBFY Fund X0200 Funds Source FEEBASED YBA Office 25 Division 25D008 Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET NRC-HQ-25-14-E-0004/NRC-HQ-25-16-T-0001/M0007 3 5 NAME OF OFFEROR OR CONTRACTOR NUMARK ASSOCIATES INC ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F)

Branch Cost Ctr (Job Code) 3010 Major prog/business 17 Product Line 4 Product 118 BOC 251A REIM Agreement Num REIM Agmt Line Num FAIMIS Template Name 17-4-118-3010 Quantity: 0 Amount: $42,707.13 Percent: 8.59783 Subject To Funding: N Payment Address:

U.S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Mailstop T9-B07 Rockville MD 20852-2738 Delivery: 01/01/2020 Delivery Location Code: NRCHQ US NUCLEAR REGULATORY COMMISSION-MAIL PROCESSING CENTER 4930 BOILING BROOK PARKWAY ROCKVILLE MD 20852 USA Period of Performance: 09/06/2016 to 01/01/2020 NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

CONTRACT # NRC-HQ-2-14-E-0004 ORDER # NRC-HQ-25-16-T-0001 MODIFICATION NO. 7 ATTACHMENT NO. 1 The purpose of this modification No. 7 is to update the clause containing the definition of Export Controlled Information, who can access ECI, and handling of ECI as it relates to the NuScale requirement. The predecessor clause is replaced in its entirety, as follows:

Definition and Handling of Export Controlled Information Definition of Export Controlled Information Export Controlled Information (ECI) is unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives, to include dual use items; items identified in export administration regulations, international traffic in arms regulations and the munitions list; license applications; and sensitive nuclear technology information.

ECI is a sub-category of Controlled Unclassified Information (CUI). ECI is defined in the CUI Registry, which is maintained by the National Archives, (https://www.archives.gov/cui/registry/category-list.). The CUI Registry itself resides in 32 CFR 2002 (https://ecfr.io/Title-32/cfr2002_main). Executive Order 13556 establishes the program for managing CUI and designates the National Archives as the Executive Agent for this program.

The program for managing CUI/ECI exists within the framework of a larger body of export control laws, regulations and directives that include but are not limited to: the Atomic Energy Act of 1954, as amended; the Arms Export Control Act (22 U.S.C. § 2751 et seq.); the Export Administration Act of 1979 as continued under the International Emergency Economic Powers Act (Title II of Pub.L.95-223, 91 Stat. 1626, October 28, 1977); Trading with the Enemy Act (50 U.S.C. App. 5(b) as amended by the Foreign Assistance Act of 1961); Assistance to Foreign Atomic Energy Activities (10 CFR part 810); Export and Import of Nuclear Equipment and Material (10 CFR part 110); International Traffic in Arms Regulations (22 CFR parts 120 through 130); Export Administration Regulations (15 CFR part 730 through 734); Foreign Assets Control Regulations (31 CFR parts 500 through 598); and the Espionage Act (37 U.S.C. 791 et seq.)

Who can access ECI?

All contractor personnel eligible to access ECI information must have either US Citizenship Status or Permanent Resident Alien status (i.e., Green Card holder status). Individuals having neither US Citizenship status nor Permanent Resident Alien status are ineligible to participate in the technical work of this contract or task order effort.

Handling of ECI:

If the contractor has any questions/concerns regarding handling of ECI material they should contact their cognizant Contracting Officers Representative (COR) for guidance.

ECI Processing (a) Electronic processing (including storage and transmission) of ECI shall only be performed on NRC equipment. The NRC-provided laptop will have the capability to connect to the NRC 1

CONTRACT # NRC-HQ-2-14-E-0004 ORDER # NRC-HQ-25-16-T-0001 MODIFICATION NO. 7 ATTACHMENT NO. 1 network using a Virtual Private Network along with the users valid NRC credentials. The NRC-provided laptop must remain in the continental United States at all times and must not be accessed by a foreign national (non-U.S. citizen).

(b) Electronic ECI must be encrypted when not in use.

(c) Electronic messaging regarding the ECI shall only be performed between the users NRC email account and an NRC email account of another person that has been determined to have a need-to-know the ECI.

(d) ECI must only be shared with individuals that have a need to know the information and must be verified to be a U.S. citizen (i.e., not a foreign national) or Permanent Resident Alien (Green Card holder).

(e) Printed ECI shall be controlled as follows:

(1) ECI must not be exposed in public environments (e.g., trains, airplanes) or to a foreign national.

(2) Physical storage of printed sensitive information must be in a locked cabinet or drawer when not under the physical control of the user.

(3) Physical transmission of ECI must only be performed using one of the following methods:

a. U.S. Postal Service: First Class Mail, Registered Mail, Express Mail, Certified Mail.
b. Hand-carried by any individual authorized access to the ECI. That individual shall retain the ECI in his or her possession to the maximum extent possible unless they place the document in the custody of another person authorized access to the ECI in question.
c. Approved commercial express carriers. Transmit in single opaque envelope.

(f) ECI must not be taken outside of the continental United States, regardless of whether it is in electronic or printed form.

(g) ECI must not be shown, discussed, shared, transmitted, or otherwise provided to any person without first verifying that they are either a U.S. citizen (e.g., foreign nationals cannot have access to ECI) or have Permanent Resident Alien status (Green Card holder).

(h) In the event that the contractor violates or fails to comply with these requirements, the contractor shall notify the designated contract or task order Contracting Officer, the designated contract or task order COR, and the IDIQ COR (if applicable) within three calendar days of the occurrence. Notification shall take the form of an e-mail containing information sufficient to describe the occurrence.

(i) NRC contractors shall ensure that their employees, subcontractor employees, and consultants who have been granted access to ECI comply with the requirements of this clause.

Failure to timely report the required information could result in revocation of IT-II Clearance status of contractor (or subcontractor) employee(s) and revocation of NRC system access; removal of contractor (or subcontractor) employee(s) from the contract or task order in question; termination of the contract or task order; as well as a negative CPARS evaluation.

(End of Clause) 2