ML20210H225

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Forwards Signed Copy of Solicitation RQ-ASB-98-300 Amend 1 for Review & Response.Only Those Offerors Who Will Submit Proposal in Response to This Solicitation Need Send Ack of Amend to Listed Address
ML20210H225
Person / Time
Issue date: 08/08/1997
From: Wiggins E
NRC OFFICE OF ADMINISTRATION (ADM)
To:
AFFILIATION NOT ASSIGNED
References
CON-GENERAL NUDOCS 9708130230
Download: ML20210H225 (47)
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Text

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t UNITED STATES j

j NUCLFAR REGULATORY COMMISSION o

WASHINGTON. D.C. 30MHe01 AUG 0 81997, TO ALL OFFER 0RS:

SUBJECT:

SOLICITATION NO RQ ASB 98 300 AMENDMENT NO.1 Enclosed for your review and response is a signed co y of the subject r

amendment. Only those offerors who will submit a proposal in response to this solicitation need send an acknowledgement of this amendment, in accordance with item no. 11 of the Standard Form 30. to the address below.

U. S. Nuclear Regulatory Commission ATTN: Donald A. King Division of Contracts and Property Management /C2 #2 Mail Stop T 71 2 Washington. DC 20555 Please contact Mr. Donald A. King, Contract Specialist on (301) 415 6731 (collect calls will not be accepted) if there are questions.

Sincerely.

lois J.

i gins, cting Officer Division of Contra C2 #2 Office of Administration

Enclosure:

As stated.

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AMENDRENT OF SOLICITATION / MODIFICATION OF CONTRACT 3

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A$8 98 300

6. It&UED BY CODE l
7. AbMINililRED BY CWEI US Nuclear Regulatory Commission (If other than item 6)

DivisionofContractsand mai[*Gr ";"ifr*"'"

i Washin0 ton, DC 20555 0001

8. hAME AND ADDREl$ OF CONTRAC10R (No., street, county, $ tete and flP code) 9A. AMFNDMt NT Of $0LIClifilDN No.

ALL OFFER 0R$

N RF0 A$8 93 300 98.D4110($tt7tM11)

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8/01/98 j

10A. MODIFTCA110N OF CONtRAcl/ORDtR No.

108. DAftD (stt litM 13)

CODE I Facility CODE

11. THi$ litM ONLY APPLIES TO AMENDMENTS OF $0LICliAtl0NS (d The above nun 6ered solicitation is amended as set forth in Iten 14 The hour and date specified for receipt of Offers O in eatended, is not extended. Of ferors must acknowledge receipt of this amerdnent prior to he hour and date specified in the so ltation or as amended by one of the following method $t (a) By ctrtpleting items and 1$,

and returning cop es of the amerdnent; (b By acknowledging receipt of this amendnent on esqh copy the of fer autnitt (c) By separate letter or te egram which includes a reference to the solicitation and amenchent ruters. F AILUR OF YC.UR ACKNOWLtDGMENT 10 BE RECEIVED AT THE PLACE DEllCNATED FOR THE RECEIPT OF OFFERS PRIOR 10 INE HOUR AND DATE SPECIFIED MAY RESULT IN REJECilON Of YOUR OFFit.

If by virtue of this amerrhent you clettre to change an of f er already sutnittedlon and this amerdnent, and is received prior to the opening hour and date srecified.such c reference to the solicitat

12. ACCOUNilNG AND APPROPRIA110N DATA (If required)
13. THis 11EM APPLIES ONLY 10 MODIFICAll0NS OF CONTRACTS /0RDER$,

IT H00lFIES THE CONTRACf/ ORDER WO. A5 DESCRIBED IN ITEM 14 A. IHis CHANGt ORDER 1$ 165UCD PUR$UANI TO: ($pecif y authority) 1HE CHANGLS $Et FORTH ik 11EM 14 Akt MADE IN THE CONTRACT ORDER NO. IN llEM 10A.

B. THE ABOVE NUMBtR&D CONTRACf/ORDf R lt MODIFitD 10 REFLECT THE ADMINISTRAtlVE CHANGE $ (such as changes in paying of fice, appropriation data, etc.) $Ei FORTH IN ITEM 14, PUR$UANT 10 THE AUTHORITY OF FAR 43.103(b).

C. THis $UPPLEMENTAL AGREEMINT l$ (Nf! RED INTO PUR$UANI 10 AUTHORl1Y Of a D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor O is not. O is required to sign this dxurent and return copies to the issuing office.

14. DESCR1Pil0N OF AMENDMENT /M00lflCA110N (Organized by UCF section headings, including solicitation / contract subject matter where feasible.)

1.

Due date for receipt of amended quotations is 3:00p.m. on August 21, 1998, 2.

Only those offerors who will submit a quote in response to this solicitation need send an acknowledgment of this amendment.

3.

The solicitation is revised to reflect changes shown on the attached pages.

Except as provided herein, all terms and conditions of the docunent referenced in item 9A or 10A, as heretofore ghLnged, remains unchanceland in full force and ef fect.

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

Elois Wiggins Contracting Officer 158. CrwtRAC10R/OF FER0R 15C. Daft $1GNED 168. UNillD STA 0F AM ipa 16C. DATE $1GNED~~

BY -

/A4 (sianature of person authorized to sign)

(signature of Contrac Officer)

/7 NSN 7540-01-152-9070 30-105 k/ANDARD FORD 3[(REV.10 83)

C'REVIOUS EDITION UNUSABLE Prescribed by$3.243 GSA FAR (48 CFR)

The purpose of this amendment is to revise the solicitation referenced in Block 9A above as follows:

1.

provide a revised table of Contents:

l i

2.

revise subsection A.4 SCHEDULE to reflect a revision in the contract l

base and option periods:

3.

revise the first paragraph of subsection A.

5.2 BACKGROUND

to change the l

phrase "the General Counsel (OGC)" to " Office of General Counsel (0GC);"

i l

4.

revise the CONTRACT CLAUSES in Section B by:

(a) changing the contract not to exceed period from 4 years to 5 years under aaragraph (c) of su'osection B.7 OPTION TO EXTEND THE TERM 0F THE CO URACT (MAR 1989) :

(b) revising the second paragraph of subsection B.8 PACKAGING AND MARKING (MAR 1987) to change the word packeged to packaged:

(c) changing the title / moving clause Subsection B.15.1 Sale of Copies Report and Time of Delivery to B.17.8 Report of Sales and Delivery:

(d) revising the language of Subsection B.17.6:

(e) adding subsection B.21 DURATION OF CONTRACT PERIOD.(MAR 1987)

ALTERNATE II (MAR 1987); and (f) renumbering Section B clauses accordingly.

Therefore, the solicitation is hereby amended:

1.

The Table of Contents (pages-1 and ii) is deleted in its entirety and.

the attached Table of Contents is substituted in lieu thereof (See attachment No. 1 to this amendmant).

2.

Section A.1 thru A 4 (pages 2 thru 7) is deleted in its entirety and the attached Section A.1 thru A.4 (pages-2 thru 7) is substituted in lieu thereof (See attachment No. 2 to this amendment).

3.

Under subsection A.S.2. BACKGROUND. the first paragraph is deleted in its entirety and the following is substituted in lieu thereof:

The >urpose of this amendment is to revise the solicitation referenced in Bloc ( 9A above as follows:

1.

provide a revised table of Contents:

2.

revise subsection A.4 SCHEDULE to reflect a revision n the contract base and option periods:

3.

revise the first paragraph of subsection A.S.2 BACKGROUND to change the phrase "the General Counsel (0GC)" to " Office of General Counsel (0GC):"

4.

revise the CONTRACT CLAUSES in Section B by:

(a) changing the contract not to exceed period from 4 years to 5 years under )aragraph (c) of subsection B.7 OPTION TO EXTEND THE TERM OF THE CO URACT (MAR 1989) ;

(b) revising the second paragraph of subsection B.8 PACKAGING AND MARKING (MAR 1987) to change the word packeged to packaged:

(c) changing the title / moving clause Subsection B.15.1 Sale of Copies Re Delivery:po.t and Time of Delivery to B.17.8 Report of Sales and-(d) revising the language of Subsection B.17.6:

(e) adding subsection B.21 DURATION OF CONTRACT PERIOD (MAR 1937)

ALTERNATE II (MAR 1987): and (f) renumbering Section B clauses accordingly.

?refore, the solicitation is hereby amended:

1.

The Table of Contents (pages i and ii) is deleted in its entirety and the attached Table of Contents is substituted in lieu thereof (See attachment No. 1 to this amendment).

-2.

Section A.1 thru A.4 (pages 2 thru 7) is deleted in its entirety and the attached Section A.1 thru A.4 (pages 2 thru 7) is substituted in lieu thereof (See attachment No. 2 to this amendment).

3.

Under subsection A.

5.2 BACKGROUND

. the first paragraph is deleted in its entirety and the following is substituted in lieu thereof:

Amendment No. 1 Page No. 3 of 3 RQ ASB 98 300 A.S.2 BACKGROUND The U.S. Nuclear Regulatory Commission (NRC) requires reporting services for a variety of depositions, hearings, investigations, meetings and s

oral arguments throughout the United States including Alaska and Hawaii.

and Puerto Rico, Guam, any U.S. protectorate and the countries of Canada and Mexico before Boards of the Atomic Safety and Licensing Board Panel (ASLBP): meetings of the-Advisory Committee on Reactor Safeguards (ACRS) and Advisory Committee on Nuclear Waste (ACNW); investigative interviews of the Offices of Investigations (01) and Inspector General (0IG).

out of town meetings of Commissioners in compliance with the Sunshine Act: and other meetings or workshops for NRC Offices of Administration (ADM), Information Resources Management (IRM). International Programs

- (OIP). Public Affairs (OPA). State Programs (OSP) Nuclear Reactor Regulation (NRR), Office of General Counsel (0GC). Analysis and Evaluation of Operational Data (AE00), Personnel (0P) Nuclear Material Safety and Safeguards (NMSS). Enforcement (0E), and other offices or any successor.to these offices as required. The in town requirements of the l

Office of the Secretary are excluded from this requirement.

4.

CONTRACT-CLAUSES Section B is revised by:

(a) changing the contract not to exceed period from 4 years to 5 years under aaragraph (c) of subsection B.7 OPTION TO EXTEND THE TERM 0F THE C0iTRACT (MAR 1989):

(b) revising the second paragraph of subsection B.8' PACKAGING AND MARKING (MAR 1987) to change the word packeged to packaged:

(c) changing the title / moving clause Subsection B.15.1 Sale of

- Copies Report-and Time of Delivery to B.17,3 Report of Sales and Delivery:

(d) revising the language of Subsection B.17.6:

(e) adding subsection B.21 DURATION OF CONTRACT PERIOD (MAR 1987)

ALTERNATE II (MAR 1987): and-(f) renumbering clauses accordingly.

Therefore. Section B is_ deleted in its entirety and the attached is substituted in lieu thereof (See attachment no. 3 to this amendment).

5.

Nothing-follows.

9 9

Attachment No. 1

-TABLE OF CONTENTS PAGE ADDENDA CONTINUATION OF SF144 9 BLOCKS 19, 20, 21, 22, 23, AND 24 1

A.1 ADDENDA SCHEDULE OF SUPPLIES OR SERVICES AND 2

PRICE / COSTS A.2 PROJECT TITLE.

2 A.3 BRIEF DESCRIPTION OF WORK.

2 A4 SCHEDULE 2

A.5 STATEMENT OF WORK.

8 CONTRACT CLAUSES 21 i

B.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 21 B.2 5.1. 211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR.

21 RESEARCH AND DEVELOPMENT (APR 1984)

B.3 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS 22 (JUN 1988)

B.4 52.216-18 ORDERING (OCT 1995) 22 B5 52.216-19 ORDER LIMITATIONS (OCT 1995) 23 B.6 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE I 23 (APR 1984) p B.7 52.217-9 OPTION TO EXTEND THE TERM OF THE.

24 CONTRACT (MAR 1989)

B.8 PACKAGING AND MARKING (!CMR 1987) 25 B.9 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) 26 B.10 USE OF AUTOMATED CLEARING HOUSE (ACH) 26 ELECTRONIC PAYMENT B.11 NRCAR 2052.204-70 SECURITY (SEP 1993) 27 B.12 NRCAR 2052.215-72 PROJECT OFFICER AUTHORITY 29 ALTERNATE 1 (JAN 1993)

B.13 GOVERNMEuT FURNISHED EQUIPMENT / PROPERTY 30

- NONE PROVIDED (JUN 1988)

B.14 PERFORMANCE DEFICIENCIES -- LATE OR DEFECTIVE 30 DELIVERY B.15 REPORTS, DOCUMENTATION, ELECTRONIC TRANSCRIPTS 32 AND'OTHER DELIVERABLE ITEMS B.15.1 Diskette Delivery.

32

.B.15.2 Transcripts and Time of Delivery 32 B.15.3 Electronic Transmittal of Transcripts 34 (Internet E-mail)

B.16 PLACE OF DELIVERY FOR ORDERED ITEMS 34 B.17 PLACE OF DELIVERY FOR SALE OF COPIES REPORTS 34 B.17.1 Copied Matter.

35 B.17.2 Contractor Expenses 35 B.17.3 Guaranteed Minimum 35 B.17.4 Charges 36 B.17.5 Failure of Contractor to Appear.

36 B.17.6 Sale of Copies 36 B.17.7 Restrictions on Disclosure 37 B.17.8 Report of Copy Sales and Delivery.

37 B.17.9 Materials 37 i

i TABLE OF CONTENTS

-PAGE B.17.10 Working Space-and Storage Facilities 37 Classifit.d Materials B.17.11 Security Classification.

38 j

'B.17.12 Retention-of' Exempt-Material 38 B.17.13 Subcontract for Work or Services 39 i

'B.17.14 Proprietary Data and Confidential-Information.

39 B-17.15 Contract Personnel Security Requirements 40 B;17.16

-Performance and Payment Bonds--

40-Other Than Construction.-

.B.18

' PRIVATE USE OF CONTRACT-INFORMATION AND--DATA (JUN 1988) 41 B.19 FOREIGN OWNERSHIP,= CONTROL, OR INFLUENCE OVER 41 l

CONTRACTOR-B.20

-DURATION-OF CONTRACT PERIOD:(MAR 1987) ALTERNATE 41 1

ALTERNATE II (MAR 1987)

B.21-52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO 42 IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL-ITEMS - (AUG 1996)

CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 46 C.1 ATTACHMENTS 46 SOLICITATION PROVISIONS 47 D.1 52.216-1 TYPE OF CONTRACT (APR 1984) 47 D.2-NRCAR 2052.222-70 NONDISCRIMINATION BECAUSE 47

.OF AGE-(JAN'1993)-

D.3 52.212 INSTRUCTIONS TO OFFERORS--COMMERCIAL 47 ITEMS (OCT~1995)

D.4

-REFERENCED DOCUMENTS AVAILABLE FROM THE PDR 50 (JUN 1988)

D.5 NOTICE TO' OFFERORS

' CERTIFICATE PERTAINING TO.

50

-FOREIGN INTERESTS--

D.6

52.212-3' OFFEROR REPRESENTATIONS AND CERTIFICATIONS 50 COMMERCIAL ITEMS (JAN 1997)-

D7 52.212-2 -EVALUATION--COMMERCIAL ITEMS.

58

(OCT 1995) 11 r.

Attachment No. 2 ADDENDA CONTINUATION OF SF1449 BLOCKS 19, 20, 21, 22, 23, AND 24 A.1 ADDENDA SCHEDULE OF SUPPLIES-OR SERVICES AND PRICE / COSTS A.2 PROJECT TITLE The title of this project is as follows:

Verbatim Reporting Services A.3'-

BRIEF DESCRIPTION OF WORK l

(a)

Brief description of work:

The U.S. Nuclear Regulatory Commission requires verbatim reporting services for variety of depositions, investigations, l

l meetings and hearings throughout the United States including l

Hawaii,-Alaska, Puerto Rico, Guam, any other United States protectorate and the countries of Canada and Mexico.

I (b)

Orders will be issued for work required by the NRC in accordance with 52.216 Ordering. Only Contracting

(

Officers of the NRC or other individuals specifically i

authorized under this contract may authorize the initiation of work under this contract. The provisions of this contract shall govern all orders-issued hetsunder.

A.4 SCHEDULE Upon receipt of a-work order by the NRC Project Officer, the-Contractor shall provide verbatim reporting services in accordance with Section A.5,

" Description / Specifications /

3, Work Statement" for a one-year period of performance at the rates as set forth below.

Page 2 of 59

A,4 (Continued)

ITEMS AND PRICES BASE YEAR Est Unit Qty.

Unit Price Amount 1.

SERVICES - REGULAR HOURS Furnish the typed original and duplicated copies of records c.

5-Day Original 30,000 Pg 5-Day copy 30,000 Pg b.

2-Day Original 15,0C0 Pg 2-Day copy 18,000 Pg c.

Daily Original 15,000 Pg i

Daily copy 50,000 Pg l

Total l

2.

SERVICES - NON-REGULAR HOURS Furnish the typed original and duplicated copies of records c.

5-Day Original 3,500 Pg 5-Day copy 200 Pg b.

2-Day Originel 1,000 Pg 2-Day copy T00 Pg c.

Daily Original 1,000 Pg l

Daily copy 200 Pg Total 3.

VIDEO / CASSETTE TAPES (NRC Supplied)

Furnish the typed original and duplicated copies of records n.

5-Day Original 2,000 Pg 5-Day copy 2,000 Pg b.

2-Day Original 2,000 Pg 2-Day copy 2,000 Pg c.

Daily Original 2,000 Pg Daily copy 2,000 Pg Total 4.

REAL TIME TRANSCRIPTION a.

5-Day Original 1,000 Pg 5-Day copy 1,000 Pg b.

2-Day Original 1,000 Pg 2-Day copy 1,000 Pg c.

Daily Original 1,000 Pg Daily copy 1,000 Pg Total 5.

INDEXING OF TRANSCRIPT 5,000 Pg Total TOTAL AMOUNT FOR BASE YEAR Page 3 of 59 I

A.4 (Continued)

ITEMS AND PRICES OPTION YEAR ONE Est Unit Qty.

Unit Price Amount 1.

SERVICES - REGULAR HOURS Furnish the typed original and duplicated copies of records a.

5-Day Original 30,000 Pg 5-Day copy 30,000 Pg b.

2-Day Original 15,000 Pg 2-Day copy 18,000 Pg c.

Daily Original 15,000'Pg Daily copy 50,000 Pg Total 2.

SERVICES - NON-REGULAR HOURS Furnish the typed original and duplicated copies of records a.

5-Day Original 3,500 Pg 5-Day copy 200 Pg b.

2-Day Original 1,000 Pg 2-Day copy 200 Pg c.

Daily Original 1,000 Pg Daily copy 200 Pg Total 3.

VIDEO / CASSETTE TAPES (NRC Supplied)

Furnish the typed original and duplicated copies of records a.

5-Day Original 2,000 Pg 5-Day copy 2,000 Pg b.

2-Day Original 2,000 Pg 2-Day copy 2,000 Pg c.

Daily Original 2,000 Pg Daily copy 2,000 Pg Total 4.

REAL TIME TRANSCRIPTION a.

5-Day Original 1,000 Pg 5-Day copy.

1,000 Pg b.

2-Day Original 1,000 Pg 2-Day copy 1,000 Pg c.

Daily Original 1,000 Pg Daily copy 1,000 Pg Total 5.

INDEXING OF TRANSCRIPT 5,000 Pg Total TOTAL AMOUNT FOR OPTION YEAR ONE Page 4 of 59

ITEMS AND PRICES OPTION: YEAR TWO-Est Unit-Qty.

Unit Price Amount 1.

SERVICES - REGULAR HOURS

Furnish the_ typed original and duplicated copies of records a.: 5-DayLoriginal 30,000 Pg 5-Day copy 30,000 Pg b.-

2-Day Original 15,000 Pg_

2-Day copy 18,000 Pg c.

Daily Original-15,000 Pg_

Daily copy 50,000 Pg Total 2.-. SERVICES.- NON-REGULAR HOURS Furnish the typed original and duplicated copies of records a.

5-Day Original 3,500 Pg 5-Day copy

-b.

2iDay Original 200_Pg 1,000 Pg 2-Day copy 200 Pg c.

Daily Original 1,000 Pg Daily copy 200 Pg Total 3;

VIDEO / CASSETTE TAPES q

-(NRC Supplied)

Furnish the typed original and duplicated copies of records-a.

5-Day Original 2,000 Pg b.. Day copy-2,000 Pg 2-Day Original

-2,000 Pg 2-Day; copy.

2,000 Pg c.-

Daily Original-

2,000 Pg Daily _ copy 2,000--Pg Total

-4.

_.REAL TIME TRANSCRIPTION:

a.

5-Day Original 1,000 Pg' S

5-Day copy 1,000 Pg b.-

2-Day. Original ~

1,000'Pg 2-Day copy 1,000 Pg c.

Daily Original l',000 Pg

' Daily copy 1,000 Pg Total c5.' INDEXING OF TRANSCRIPT.

5,000 Pg Total

' TOTAL AMOUNT'FOR OPTION YEAR TWO.

Page 5 of-59

ITEMS AND PRICES OPTION YEAR THREE Est Unit

Qty, Unit Price Amount 1.

SERVICES - REGULAR HOURS Furnish the typed original and duplicated copies of records a.

5-Day Original 30,000 Pg 5-Day copy 30,000 Pg b.

2-Day Original 15,000 Pg 2-Day copy 18,000 Pg c.

Daily Original 15,000 Pg Daily copy 50,000 Pg Total 2.

SERVICES - NON-REGULAR HOURS Furnish the typed original and duplicated copies of records a.

5-Day Original 3,500 Pg 5-Day copy 200 Pg b.

2-Day Original 1,000 Pg 2-Day copy 200 Pg c.

Daily' Original 1,000 Pg Daily copy 200 Pg Total 3.

VIDEO / CASSETTE TAPES (NRC Supplied)

Furnish the typed original and duplicated copies of records a.

5-Day Original 2,000 Pg 5-Day copy 2,000 Pg b.

2-Day Original 2,000 Pg 2-Day copy 2,000 Pg c.

Daily Original 2,000 Pg Daily copy 2,000 Pg Total 4.

REAL TIME TRANSCRIPTION a.

5-Day Original 1,000 Pg 5-Day copy 1,000 Pg b.

2-Day Original 1,000 Pg 2-Day copy 1,000 Pg c.

Daily Original 1,000 Pg Daily copy 1,000 Pg Total 5.

INDEXING OF TRANSCRIPT 5,000 Pg Total TOTAL AMOUNT FOR OPTION YEAR THREE Page 6 of 59

___...=_._______a

ITEMS AND PRICES OPTION YEAR FOUR Est Unit Qty.

Unit Price Amount 1.

SERVICES - REGULAR HOURS Furnish the typed original and duplicated copies of records c.

5-Day Original 30,000 Pg 5-Day copy 30,000 Pg b.

2-Day Original 15,000 Pg 2-Day copy 18,000 Pg c.

Daily Original 15,000 Pg Daily copy 50,000 Pg Total 2.

SERVICES - NON-REGULAR HOURS l

Furnish the typed original and duplicated copies of records i

c.

5-Day Original 3,500 Pg 5-Day copy b.

2-Day Original.

200 Pg 1,000 Pg 2-Day copy 200 Pg c.

Daily Original 1,000 Pg Daily copy 200 Pg Total 3.

VIDEO / CASSETTE TAPES (NRC Supplied)

Furnish the typed original and duplicated copies of records c.

5-Day Original 2,000 Pg 5-Day copy 2,000 Pg b.

2-Day Original 2,000 Pg 2-Day copy 2,000 Pg c.

Daily Original 2,000 Pg Daily copy 2,000 Pg Total 4.

~REAL TIME TRANSCRIPTION a.

5-Day Original 1,000 Pg 5-Day copy 1,000 Pg b.

2-Day Original 1,000 Pg 2-Day copy 1,000 Pg c.

Daily Original 1,000 Pg Daily copy 1,000 Pg Total 5.. INDEXING OF TRANSCRIPT 5,000 Pg Total TOTAL AMOUNT FOR OPTION YEAR FOUR TOTAL AMOUNT FOR BASE YEAR, AND OPTION YEARS 1,2,3 &4 Page 7 of 59

~

5 65 30 8 eSed l

YEOM 20 INHH31VIS S*Y l

Attachment No. 3 CONTRACT CLAUSES B.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given L.

Full text.

Upon request, the Contracting Officer will make their full text available.

I.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.212-4 CONTRACT TERMS AND CONDITIONS--

OCT 1995 COMMERCIAL ITEMS

  • NOTICE:

This clause has been tailored to delete subparagraphs (h) Pat ent Indemnity, and (j) Risk of Loss 52.23't-18 AVAILABILITY OF FUNDS APR 1984 52.247-34 F.O.B. DESTINATION NOV 1991 D.2 52.21*,-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEA1!CH AND DEVELOPMENT (APR 1984)

(a) If the contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed, and liquidated damages, in accordance with Section B.14 PERFORMANCE DEFICIENCIES - - LATE OR DEFECTIVE DELIVERY.

(b) Alternatively, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Default--Fixed-Price Supply and Service clause in this contract and in that event, the Contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause.

-(c) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

Page 21 of 59

D.3 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS (JUN 1988)

(a) The total estimated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under this-contract is The Contracting Officer may-unilaterally increase this amount as necessary for orders to be placed with the contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.

(b) The amount presently obligated with respect to this contract The Contracting Officer may issue orders for work is up to the amount presently obligated.

This obligated amount may be unilaterally increased from time to time by the contracting Officer by written modification to this contract.

The obligated amount shall, at no time, exceed the contract ceiling as specified in. paragraph a above.

When and if the amount (s) paid and-payable to the Contractor hereunder.shall!

equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract.

Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the contractor's sole risk.

[End of Clause]

  • To be incorporated into any resultant contract D.4 52.216 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from October 16, 1997 through October 15, 1999.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict-between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered

" issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule.

[End of Clause]

Page 22 of 59

~ D.5 52.216-19 ORDER LIMITATIONS (OCT 1995)-

(a) - Minimum order. When the Government requires' supplies or

_ services covered by this contract in an amount of less than n/a, the Government is notLobligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order._The Contractor is not obligated to honor--

(1) Any-order for a single item in excess of the estimated quantity for each type service; (2) Any order for a combination of items in' excess of the estimated quantity for each type of service; or I

-(3) _A series of orders from the same ordering office within seven (7) days that together call for quantities-exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e.,

includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds-the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph-(b), unless that order (or orders) is returned to the ordering office within seven (7) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

-(End of Clause]

D.6 52.216-21 REQUIREMENTS ' (OCT 1995) ALTERNATE I s

(APR 1984)

(a) This.is a requirements contract for-the supplies or services specified, and effective for-the period stated, in the-Schedule. The quantities.of supplies or services specified in

-the Schedule are estimates only and are not purchased by this contract.

Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the

-quantities described as " estimated" or " maximum" in the Schedule, that~ fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by Page 23 of 59

1 B.6 (Continued) orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations,.

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities-that the activity may itself furnish within its own capabilities.

Except as this contract otherwise provides, the Government shall. order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.

(d) The Government is not required to purchase from the Contractor requirements in excess of-any limit on total orders under this-contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that. delivery may be specified under this contract, and if the contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration date of the delivery order.

(End of Clause)

B.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)

(a) The Government may extend the tenn of this contract by written notice to the contractor within 60 days of the contract expiration date; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

The preliminary. notice does not commit the Government tt an Page 24 of 59 I -

i

~)

D.7-(Continued) extension.

(b) If the Government exerciees this option, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years.

(End of Clause)

D.8 PACKAGING AND MARKING (MAR 1987)

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 Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

On the front of the package, the contractor shall clearly identify the contract number under which the product is being provided, and

content, e.g., " Hearing Transcripts," " Investigative Interviews,"

"ACRS Meetings Transcripts," as~ applicable.

All materials delivered hereunder shall be packeged in such a I

manner as to ensure arrival at the place of delivery in an undamaged condition.

Marking and packaging instructions, e.g.,

" Addressee Only," Sensitive," or requirement for double envelopes, as deemed necessary by the Project Officer, may be designated on individual work orders issued hereunder.

Material of a classified nature shall be packaged and marked in accordance with applicable NRC security regulations as contained in NRC Management directive 12.2, "NRC Classified Information Security Program Handbook."

Two copies of transmittal sheet shal accompany all delivered material, clearly identifying each item being delivered. Each transmittal sheet will be signed upon receipt by a Project Officer or other assigned person indicating date and time: of delivery.

In the case of field delivery of a transcript, one signed copy of the delivery receipt shall be transmitted to the Project officer at NRC Headquarters.

(End of Clause]

Page 25 of 59

B.9 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)

Inspection and acceptance of materials and services set forth, herein shall be made at the destination by the NRC Proiect Officer.

Acceptance or rejection of-deliverable items shall be made by the-Project Officer within ten (10) calendar days after receipt of deliverable items from the Contractor.

In the event of rejection of any portion of the work, completion of corrected items shall be received within three (3) business days after receipt of notice of rejection. Final acceptance shall be made only after the work has been corrected to conform to the specifications contained herein.

Diskettes will-be rejected within ten (10) calendar days of receipt when.they fail to conform to the accuracy specified in Section A.4.5 " Accuracy."

The Contractor shall correct'or replace the diskettes as soon as possible but not later than three -(3) business days after receipt of the faulty diskette and will be paid at a reduced rate according to the Schedule set forth in B.14, " PERFORMANCE " DEFICIENCIES -- LATE OR DEFECTIVE DELIVERY."

Final acceptance shall be made only after the work has been corrected to the extent it conforms to the specifications contained herein.

(End of Clause]

3.10 USE OF AUTOMATED CLEARING HOUSE (ACH)

ELECTRONIC PAYMENT It is the policy of the U.S. Nuclear negulatory Commission to f

pay Government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system in lieu of a U.S.

l Treasury check.

The electronic system is known as Vendor Express.

Payment shall be made in accordance with FAR 52.232-28, entitled

" Electronic Funds Transfer Payment Methods."

To receive payment by Vendor Express, the contractor shall complete the " Company Information" portion of Form SF 3881, entitled " Payment Information Form - ACH. Vendor Payment System" found in Exhibits.

The contractor shall take the form to the ACH Coordinator at the financial institution that maintains its company's bank account.

The contractor shall discuss with the ACH Coordinator how the payment identification information (addendum record) will be passed to them once the payment is received by the l

financial institution.

The contractor must ensure that the addendum record will not be-stripped from the payment.

The ACH Coordinator will fill out the " Financial Institution Information" portion of the form and return it to the-Office of the Controller-at the following address:

Nuclear Regulatory Commission, ATTN ACH/ Vendor Express, Division of Accounting and Finance, Mailstop T-9-E-2, Washington, DC 20555.

Once the office.of the controller has processed the contractor's sign-up form, the contractor will Page 26 of 59 S

...,_...m.....

d

D.10 (Continued) begin to receive payments electronically via Vendor Express /ACH.

If the offerors / bidders have questions concerning ACH/ Vendor Express, they may call the Commercial Payments staff on (301) 415-7520.

[End of Clause)

D.11 NRCAR 2052.204-70 SECURITY (SEP 1993)

(a) Securitv/ Classification Recuirements Form.

The attached NRC Form 187 (See Section J for List of Attachments) furnishes the basis for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractual relationship that requires access to classified information or matter, access on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.

l (b) It is the contractor's duty to safeguard National Security Information, Restricted Data, and Formerly Restricted Data.

The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding National Security Information, Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract.

Except as otherwise expressly provided in this contract, the contractor shall, upon completion or termination of this contract, transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract.

If retention by the contractor of any classified matter is required after the completion or termination of the contract and the retention is approved by the contracting officer, the contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained.

The certification must identify the items and types or categories of matter retained,

'he conditions governing the retention of the matter and their period of retention, if known.

If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.

(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial Page 27 of 59

l l

B.11 (Continued) plans, internal data protected by_the Privacy Act.of 1974 (Pub.

L.93-579), or other information which has not been released to the public.or has been determined ~by the Commission to be otherwise exempt from disclosure:to the public.

The contractor. agrees.to hold the information in.

confidence.and not to directly or indirectly duplicate, disseminate, or disclose the information in whole or in part

-to any other person or organization except as-may be necessary to perform the work under this contract.

The contractor-agrees to return the information to the Commission or otherwise dispose of it at the direction'of the contracting officer.

Failure to comply with this clause is grounds for termination of this contract.

(d) Reculations.

The contractor agrees to conform to all--

security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Security and the Contracting Officer.

These changes will_be under the authority of the changes clause.

(e) Definition of National Security Information.

-The term National Security Information, as used in this clause, means information that has been determined pursuant to Executive Order 12356 or any predecessor order to require protection against unauthorized disclosure and that is-so designated.

(f) Definition of Restricted Data.

The term Restricted Data, as used in this clause, means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy,-but does not include data declassified or removed from the Restricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954, as amended.

(g) Definition of Formerly Restricted Data.

The term Formerly Restricted Data, as used in this clause, means all. data removed from the Restricted Data category under Section 142-d' of the Atomic Encrgy Act of 1954, as amended.

(h) Security clearance'oersonnel.

The contractor may not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required.

The contractor shall also execute a Standard Form 312, Classified Information Nondisclosure Agreement, when access to classified information is required.

Page 28 of 59

~

D.11 (Continued)

(i)- Criminal liabilities. It is understood that disclosure of National Security-Information, Restricted Data, and Formerly Restricted Data, relating to the work or services ordered hereunder-to any person _not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the contractor or

~

any person under the contractor's control in connection with work-under this contract, may subject the contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended, _42 U.S.C.

2011 et seq.; 18 U.S.C. 793 and 794;-and Executive Order 12356.)

(j) Subcontracts and ourchase orders.

Except as-otherwise l-authorized in writing by the contracting officer, the contractor shall insert provisions similar to the foregoing in a

all-subcontracts and-purchase orders under this contract.

(k)_ In performing the contract work, the contractor shall classify all documents, material, and equipment originated or-generated by the contractor :ba accordance with guidance issued by the Commission.

Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, and equipment must provide that the subcontractor or supplier assign classification to all documents, material, and equipment in accordance with guidance furnished by the contractor.

[End of Clause) 3.12 NRCAR 2052.215-72 PROJECT OFFICER AUTHORITY ALTERNATE 1 (JAN 1993)

(a) The contracting of ficer's -authorized representative, hereinafter referred to as the project officer for this contract is:

Name:

Address:

Telephone Number:

_(b)_The project officer shall:

page 29 of 59

B.12 (Continued)

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

(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 project officer may not make changes to the express terms L

and conditions of thic contract.

[End of Clause]

i._

  • To be incorporated into any resultant contract D.13 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY

- NONE PROVIDED (JUN 1988)

The Government will not provide any equipment / property under this contract.

-(End of Clause]

3.14 PERFORMANCE DEFICIENCIES -- LATE OR DEFECTIVE DELIVERY If the Contractor fails to make delivery within the times required, fails to furnish transcripts or other services in accordance with the provisions of Section A and B herein, or fails to correct promptly upon notice, material deemed by the Project Officer to be illegible or defective, payment and damages will be as follows:

(a) If-daily copy is not delivered by the-time-specified-herein, payment shall be made for such copy at the daily rate less 10 percent-per day, to a maximum reduction-of 50

-percent of the daily rate for each page, as applicables (b) If a 2-day delivery is not delivered by the time specified herein, payment shall be made at the 2-day rate less 10 percent per day, to a maximum raduction of 50 percent of the 2-day rate for each page, as applicable; (c) If a 5-day delivery is-not delivered by the time specified herein, payment shall be made at the 5-day rate less 10 percent per day, to a maximum reduction of 50 percent of-the the 5-day rate for each page as applicable Page 30 of 59

~

D.14 (Continued)

(d) If a transcript is rejected, the price shall be computed at the applicable rate less 10 percent, but which does not relieve the Contractor of the requirement to deliver the corrected transcripts within 3 days of the modification.

(e) If an acceptable corrected rejected transcript is not returned within the 3 days, the price shall be computed at the applicable rate se. forth above less an additional 10 percent accruing on a per day basis to a maximum reduction of 75 percent.

(f) If the Contractor fails to deliver or perform the services within the time specified in this contract, or any extension, the contractor shall, in addition to the price reductions set forth herein, pay to the Government as fixed, agreed, and liquidated damages, for each calendar day of delay the sum of $1.42 per page.

(g) Alternatively, if delivery or performance is so delayed, the NRC may terminate this contract in whole or in part under the Default-Fixed-Price Supply and Service clause in this contract and in that event, the Contractor shall be liable for fixed, agreed, and liquidated damages accruing I

until the time the NRC may reasonably obtain delivery or performance of similar supplies or services.

The liquidated damages shall be in addition to excess costs under the Terminatin clause.

(h) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or i

negligence of the Contractor as defined in the Default-Fixed

-Pice Supply and Service clause in this contract.

(End of Clause]

NOTHING IN THIS CONTRACT SHALL BE CONSTRUED TO ABROGATE THE PERFORMANCE REQUIREMENTS OF THIS CONTRACT OR TO PERMIT THE CONTRACTOR OR HIS REPRESENTATIVE TO FAIL TO PERFORM OR TO DELAY IN PERFORMING ANY DUTIES OR RESPONSIBILITIES UNDER THIS CONTRACT.

FAILURE TO FURNISH A REPORTING SERVICE OR DELINQUENCY IN THE DELIVERY OF A TRANSCRIPT IS A DEFAULT, AND SUBJECTS THE CONTRACTOR TO THE DEFAULT PROVISION OF THIS CONTRACT, ALL REMEDIES STATED IN THIS CONTRACT ARE CUMULATIVE.

ACCEPTANCE OF LATE DELIVERIES, ASSESSMENT OF LIQUIDATED DAMAGES, AND SIMILAR ACTIONS BY THE GOVERNMENT SHALL NOT DETRACT FROM OTHER REMEDIES SUCH AS TERMINATION FOR DEFAULT, AVAILABLE UNDER THIS CONTRACT OR BY LAW.

Page 31 of 59 l

B.15 REPORTS, DOCUMENTATION, ELECTRONIC TRANSCRIPTS AND OTHER DELIVERABLE ITEMS B.15.1 Diskette Delivery The diskette / video. delivery period shall be the same as the hard-copy (transcript) delivery period.

Headquarters delivery requirements of all transcripts and any diskette orders are usually for a two-day delivery period.

However, in accordance with Section A.S.4.14 of the Statement of Work,.whenever diskettes are required, they will be specified in the Work Order.

B.15.2 Transcripts and Time of Delivery A.

Five-day and Two-day Copy When the contractor is required to deliver transcript materials as specified in the work order, delivery of the record of the hearing shall be deemed to have been effected when the required number of transcripts of the hearing are delivered to the recipients specified in the work order.

Unless a later time is stipulated.or-electronic E-mail delivery in requested (See Section B.15.3 ELECTRONIC TRANSMITTAL OF TRANSCRIPTS (INTERNET E-MAIL)], delivery-shall be'as follows:

(a) For five-day, by 10:30 a.m. on the fifth business day after each daily recess of the hearing including the final day of the hearing (e.g.,

transcripts for proceedings held on Monday shall be delivered by 10:30 a.m. the following Monday; transcripts for proceedings held on Friday shall be delivered by 10:30 a.m. the following Friday).-

(b) For two-day, by 10:30 a.m. the second business day after each daily recess of the hearing including the final day of the hearing (e.g.,

transcripts for proceedings held on Monday shall be delivered by 10:30 a.m.

the following Wednesday; transcripts for proceedings held on Friday shall be delivered by 10i30 a.m. the following Tuesday).

B.

Daily Copy:

When the contract is required to delivery daily copies as specified in the work order, delivery of the record of each day's hearing shall be deemed to have been effected when:

(a) If the hearing or meeting is scheduled to continue the following day, the original and required number of copies of the transcripts are delivered to recipients specified in the work order at the hearing or meeting site or other places (within a' fifteen mile radius of the hearing-site) as specified by recipients by.8:30 a.m. of the next business day following the hearing.

(Note:

In the event Page 32 of 59

D.15.2 (Continued).

the sequence of-the-hearing continues from a Friday to a Saturday, Saturday will be deemed a business day for purpose of delivery); or (b) If the hearing is not scheduled to continue the following day, the original and required number of copies of the transcript are delivered to those recipients specified in the work order present at the hearing site or other place (s)

(within a fifteen mile radius of the hearing site) as required required by said recipients by either 9:00 a.m. as indicated on the work order 10:30 a.m. of the day following the hearing; I

1 (c) If the recipients have left the hearing site or other p

place within a fifteen mile radius of the hearing site L

and the hearing is not scheduled-to continue the following

~

day, delivery to the recipients will be specified in the work order at such time and place as required.

However, delivery must be made no later than 10:30 a.m. the second business day after the last dhy's hearing.

This includes sending transcripts delivery to Board members not stationed at Commission Headquarters by overnight delivery service when requested by the Board Chairman.

If overnight delivery service is not available, the most expeditious type of public or commercial service shall be used.

The Contractor shall notify recipients of delivery method to be used.

C.

Evening Sessions If any_out-of-town hearings or meeting for which a transcript has been requested is in session after 6:00 p.m. of any day, the Contractor shall have an additional day to deliver that portion of the transcript.which would reflect the evening session.

If any.

in-town hearing or meetings which a transcript has been requested

-is irt session. af ter 6 : 00 p.m. of any. day, the Contractor shall have an additional 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> to deliver that portion of the transcript which would reflect the evening session.

In the event a day-time hearing goes into the evening hours (af ter 6 :00), the Contractor shall prepare a separate transcript clearly identifying the session as an evening session.

Page 33 of 59

B.15.3 Electronic Transmittal of Transcripts (Internet E-mail)

If the Work Order requires the Contractor to E-mail the electronic transcript to the Project Officer (see A.5.5.2 Processing Work Orders), the Work Order will identify the Project Officers' e-mail address. Prior-to transmitting the Electronic Copy, the-Contractor shall use an Commission approved encryption software package to convert the transcript prior to e-mailing..The paper transcript copy shall then be forwarded to the Project Officer within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of that due date and time.

If either the delivery of the-electronic or paper copy is late, late payment and damages will be applied in accordance with section B.14.

i D.16 PLACE OF DELIVERY FOR ORDERED ITEMS I

Delivery of ordered items shall be made to the hearing site or other place within a fifteen (15) mile radius of the hearing site specified in the work order.

When so specified on the work or delivery shall be made to NRC. offices located in Rockville, Maryland between the hours of 8:00 am to 5:00 pm, Monday through Friday.

Multiple deliveries will be specified on each work order as required.

All costs associated with-delivery shall be at the expense of the Contractor.

[End of Clause]

D.17 PLACE OF DELIVERY FOR SALE OF COPIES REPORTS The Sale of Copies Report to be furnished as set forth herein-shall he delivered, with all charges paid by the Contractor to:

a.

Project Officer (one copy)

U.S. Nuclear Regulatory Commission Attn:

Mail Stop Washington, DC 2055$

b.

Contracting Officer (One copy)

U.S. Nuclear Regulatory Commission Contract No.:

Attn:

Contract Management Branch No. 2 Washington, DC 20555 t

(End of Clause)

Page 34 of 59

B.17.1l Copied Matter

-No document or computer document shall be copied verbatim into_the transcript or added to it unless ordered by the Presiding Officer.

Any document ordered to be copied verbatim into the transcript shall be paid for at the same rates as spoken testimony.

When the Contractor is required to reproduce inserts or exhibits which become a part of the transcript but do not require transcription, the Contractor shall be paid at the page rate set

-forth for additional copies in Section B for such reproduced copies-.

D.17.2

- Contractor Expenses All costs incident to performance under this contract, including travel and delivery costs, shall be included in the unit price set forth in Sect!.on B of the schedule.

No expenses incurred by the Contractor i*a the performance of his/her duties under this contract shall be borne by the Commission, except as provided for in=Section B.27.3, " Guaranteed Minimum."

D.17.3 Guaranteed Minimum The Contractor shall be paid a minimum of $200.00 per day per person for attendance at hearings outside the Washington,' D.C.

metropolitan-arca. The contractor shall be paid a. minimum of

$100.00 per day per person for attendance at hearings _within the Washington, D.C. metropolitan area. The guaranteed minimum will not be -paid when transcripts ordered-at rates: quoted herein equal or exceed the guaranteed minimum.

In the event the Commission elects to dispenseLwith a transcript regardless of how many hours the hearings-have taken, the Commission agrees to pay only the daily minimum established above for such day.

In the event that the transcripts and/or diskettes furnished-to the. commission do not exceed the guaranteed minimum,-the contractor shall receive payment for the transcripts taken plus

-the difference between the costs for actual transcript.taken and-the applicable. guaranteed minimum.

The Commission reserves the right to cancel.a hearing without any penalty charges provided the contractor is given proper notice'as specified in Section A.S.4.12.

If proper notice is not given, the guaranteed minimum-will apply.

If,-after presenting himself/herself to the Presiding Officer or other person in charge at the scheduled time and place of a hearing, the Contractor is notified that the hearing has been postponed or cancelled, the Contractor will be paid the guaranteed minimum rate and will be reimbursed for reasonable, per person, per day expenses incurred by the Contractor incident to Page 35 of 59

l B.17.3 (Continued) attendance, in amounts not to exceed the cost limitations determined by the Federal Travel Regulations in effect on the date of the trip.

These Regulations specify the daily maximum per diem rates for specific localities within the United States including Alaska and Hawaii, and Puerto Rico, Guam and any protectorate, and the counties of Canada and Mexico the allowance for meals and incidental expenses (M&IE), the cost of travel by privately owned automobile, and the items which require receipts.

The Contract can obtain the Regulations from the Superintendent of Documents Government Printing Office, Washington, D.C.

20402.

The Contractor shall, if requested by the Commission, furnish evidence satisfactory to the Contracting Officer that failure to receive the said notice of postponement or cancellation prior to the arrival at the hearing site was not due to his/her negligence.

s.17.4 Charges For any hearing that starts during regular hours, the Contractor shall charge the Commission at the rate (s) stipulated in Section B hereof for the particular service and corresponding delivery schedule listed for the regular hours category.

If such hearing starts before regular hours or extenda beyond regular hours, the rate (s) set forth in the Schedule for service during non-regular hours shall be effective; limited, however, to that portion of work performed during non-regular hours.

For verbatim reporting services that begin in non-regular hours and continue into regular hours (beginning before and continuing after 8:30 a.m.),

OR that begin during regular hours and continue into non-regular hours (hours worked after 6:00 p.m.),

the reporter is required to identify the beginning of the regular hours by marking the time (8 : 30 a.m. ), or the beginning of the non-regular hours by marking the time (6:00 p.m.) on the corresponding page of the transcript.

D.17.5 Failure of Contractor to Appear l

If the Contractor does not appear at the place and time specified for a hearing after being notified in accordance with Section A.S.5,

" Work Orders," of the place and time for the scheduled hearing, the Commission representative may call in a substitute reporting firm, and the contractor shall reimburse the Commission for any extra expenses incurred on account thereof.

The Commission may deduct such expenses from any sum otherwise due the Contractor.

B.17.6 Sale of Copies The Contractor shall obtain written authorization from the NRC Project Officer prior to the selling of transcript copies, tapes, Page 36 of 59

D.17.6' (continued) i

-diskettes, video tapes or other media.

With the exception of

. parties.to the proceeding, the contractor shall verify with the NRC Project Officer the existence of proprietary, safeguards, and/or privacy related information which requires redaction from the transcript.- Transcripts resulting from closed, investigative,

-sensitive, or in-camera sessions are not authorized for sale except to parties to the proceeding.

Copies requested by the public, other than parties to the proceeding, on an expedited basis, may be furnished by the Contractor with the restrictions stated above, if it does'not

-interfere with the needs of the proceeding as determined by the Presiding Officer.

D.17.7 Restrictions on Disclosure The Commission or the Presiding Officer shall have the right to prohibit the sale of copies of transcripts and/or diskettes or computer files thereof.

Any information in any form gained in the course of performance of duties hereunder shall be governed by the provisions in Section B.18 entitled, " Private Use of Contract Information and Data" and

" Retention of Exempt Material".

D.17.8 Report of-Copy Sales and Delivery A report summarizing sales of copies of transcripts to parties other than NRC (Reference Section B.17.6 - Sale of Copies) shall be submitted to the Contracting Officer and NRC Project Officer on a quarterly basis, within 15 days following the end of the reporting quarter.

Refer to Section B.16 - PLACE OF DELIVERY FOR ORDERED ITEMS below for places of delivery.

The report is to be submitted in the following format:

Number of Transcripts Total Number Total Sold to Other Parties of Parties Amount Received D.17.9 Materials Where materials are referred to in the specifications as " equal particular standard, the Contracting Officer shall decide the of-equality.

D.17.10 Working Space and Storage Facilities:

Classified Materials In those cases where security considerations or unusually proceedings require confidential processing of NRC materials, as directed by the NRC project officer, the Commission will supply Page 37 of 59

B.17.10 (Continued)

Contractor with working space, desk or table, chair, lights, IBM or IBM-compatible PC, and storage space.

The contractor shall perform all work involving such material, including transcriptions records and production of diskette which contain classified within the commission supplied premises or other approved facilities and not the contractor's place of business.

In all cases, the Contractor shall perform transcription work at its own of business.

D.17.11 Security Classification The highest classification applicable to the service to be under this contract will be Confidential Restricted Data.

The Security / Classification requirements are set forth in NRC Form 187 Section C Attachments 2).

Notwithstanding the provisions of Subsection B.11 to this entitled " Security," to the contrary, and in addition thereto, the parties hereto agree that the NRC shall formally classify all information or material delivered under this contract and shall classification guidance to the Contractor as required in the of this contract.

When advised by the Presiding officer that information or material classified or sensitive unclassified information, the Contractor mark any resulting documentation in accordance with guidance from presiding officer.

If subsequent to the date of this contract, the security level contract is changed by the Commission and such change causes an or decrease in the estimated cost or the time required for under the contract, the contract cost, delivery schedule, or both any other provisions of the contract that may be affected, shall subject to an equitable adjustment by reason of such increased or decreased costs.

Any equitable adjustment shall be accomplished same manner as if such changes were directed under the changes 0.17.12 Retention of Exempt Material a.

Government Property:

The Contractor agrees that all work, including shorthand or longhand notes, stenotype tapes, memoranda, cassette tapes, video tapes and material of every-description thereto, as well as all copies of the foregoing relating to the any part thereof, shall be the property of the Government and may used by the Government for any purpose whatsoever without any the part of the contractor and its subcontractors and vendors for additional compensation, and shall be delivered to the Government provided in the work order.

The Commission retains the right to reproduce in full and distribute any transcript and/or diskette under the terms of this contract.

Page 38 of 59 e

Bo17.12 (Continued) b.

Material Exempt from Public Disclosure:

The Contractor retain under any circumstances any portion of a transcript, shorthand or longhand notes, stenotype tapes, cassette tapes, tapes, memoranda, and material of every description relating and copies thereof, taken during an in-camera session at any hearing or other proceeding or at any other closed hearing or which contains information exempt from public disclosure pursuant Commission's regulations, including, but not limited to, trade confidential or privileged business or financial information, or information the disclosure of which would constitute an invasion of personal privacy.

At the time the transcript is the Contractor shall return to the Commission all of the above l

documents which contain information exempt from public disclosure l

pursuant to the Government in the sunshine Act or the Commission's regulations.

The Contractor, its employees and representatives l

prohibited from otherwise revealing any of the foregoing l

c.

Final delivery and Restriction:

The Contractor further l

all work including shorthand or longhand notes, stenotype tapes, memoranda, and material of every description relating thereto not covered above or documents not covered herein, shall be held by Contractor subject to the authority and control of the Commission the expiration of the contract at which time they shall be the Commission.

The Contractor's right of retention and use shall subject to the security, patent, and use of information any, of this contract.

In the case of investigative interviews, related materials used to produce the transcript shall be ret.rned the transcript delivery as requested in the work order.

B.17.13 Subcontract for Work or Services No contract shall be made by the Contractor with any other party furnishing any of the work or services herein contracted for prior written approvel of the Contracting officer, but this will not be taken as requiring the approval of contracts of between the Contractor and personnel assigned for serviced B.17.14 Proprietary Data and Confidential Information In connection with the performance of the work under this l

Contractor may be furnished, or may develop or acquire, I

(trade secrets) or confidential or privileged technical, business, financial information, including Commission plans, policies, financial plans internal data protected by the Privacy Act of 1974 93-579), or other information which has not been released to the or has been determined by the Commission to be otherwise exempt disclosure to the public.

The Contractor agrees to hold such information in confidence and not to directly or indirectly disseminate, or disclose such information in whole or in part to other person or organization except as may be necessary to perform

(

work under this contract.

The Contractor agrees to return such Page 39 of 59 V

=

B.17.14 (Continued)

'information to the Commission or otherwise dinpose of it either as contracting officer may from time to time direct during the the work or in any event as the Contracting officer shall. direct completion or termination of this contract.

Failure to comply clause shall be grounds for termination of this contract.

S.17.15 Contract Personnel Security Requirements For a limited number of contractor employces-(minimum of 3 all times), performance under this contract will involve access to information requiring a "Q" personnel security clearances.

The-will also involve access to Restricted Data.

Personnel Security Clearances shall be processed and granted in accordance with NRC Management Directive (MD) 12.3 which is incorporated in to this.

as though fully set forth herein.

For:other contractor employees, performance _under this contract may involve access to nuclear reactor Safeguards Information (SGI).

Access to SGI will require National Agency check or other investigation deemed necessary by in accordance with NRC Management Directive and Handbook 12.3.

regry: ding the individual's eligibility for access to SGI will be resolved in accordance with the due process procedure set forth in 12.3, Exhibit 11 which is incorporated into this contract as fully set forth herein.

Based on the review of the applicant's.

forms by SEC, and/or the receipt of adverse information by NRC, individual may be denied access to SGI until a final determination his/her eligibility for access is made under the provisions of MD The Contractor shall submit completed Personnel Security Packages for all personnel requiring security clearance or access to the U.S. Nuclear Regulatory Commission, Division of Security, Washington, D.C. 20555 within thirty (30) calendar days following contract award.

As a minimum, three (3) personnel shall be be approved for access to unclassified Safeguards Information.

personnel shall be identified at the time of contract award.

If the Commission reserves the right to obtain Q-cleared necessa g,from other sources until such time as the reporting personnel has received security clearances for the necessary Q-cleared B.17.16 Performance and Payment Bonds.-

Other Than Construction.

(a)

Definitions. As used in this clause-- Contract price means total amount of the contract for the term of the contract options, if any) or, for requirements contracts, the price payable the estimated quantity; or for indefinite-delivery type contracts, price payable for the specified minimum quantity.

(b) Within ten (10) days after receipt of required forms (Standard 1418) to be furnished by NRC, but in any event, before starting the Contractor shall execute and deliver to the Nuclear Regulatory Commission, a bond for the faithf'il performance of the contract in Page 40 of 59 J

B.17.16 (Continued) sum of one hundred thousand dollars ($100,000.00) in a form and in l

sureties to be approved by the Commission.

If a performance bond l

furnished within the period specified, the contract may be for default.

(c) The Government may require additional performance bond when the contract price is increased. The Government may secure additional prctection by directing the contractor to increase the amount of the existing bond or to obtain an additional bond.

(d) The bonds shall be in the form of firm commitment, supported corporate sureties whose names appear on the list contained in Department Circular 570, individual sureties, or by other security such as postal money order, certified check, cashier's irrevocable letter of credit, or, in accordance with Treasury "mgulatiens, certain bonds or notes of the United States. Treasury circular 570 is published in the Federal Register, or may be from the U.S. Department of Treasury, Financial Management Surety Bond Branch, 401 14th Street, NW., 2nd Floor, West Wing, Washington, DC 20227.

(End of clause)

B.18 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUN 1988)

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and 4

other data developed or acquired by or furnished to the Contractor in the performance of this contract shall be used only in connection with the work under this contract.

(End of Clause)

B.19 FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OVER CONTRACTOR 4

(See Section C Attachment No. 12)

B.20 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLENENT STATUTES OR EXECUTIVE ORDERS--COhWERCIAL ITEMS (AUG 1996)

(a) The Contractor agrees to comply with the following 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) 52.222-3, Convict Labor (E.O. 11755); and Page 41 of 59 W

-=

B.20 (Continued)

(2) 52.233-3, Protest Af ter Award (31 U.S.C 3553),

(b) The Contractor agrees to comply with the FAR clauses in this paragraph (b) which 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 or components XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U. S.C.

253g and 10 U.S.C. 2402).

XX (2) 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity (41 U.S.C. 423).

XX (3) 52.219-8, Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (15 U.S.C. 637 (d) (2) and (3)) ;

(4) 52.219-9, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (15 U.S.C. 637 (d) (4) ) ;

(5) 52.219-14, Limitation on Subcontracting (15 U.S.C.

637 (a) (14 ) ).

XX (6) 52.222-26,' Equal Opportunity (E.O. 11246).

XX (7) 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans (38 U.S.C. 4212).

XX (8) 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C. 793).

XX (9) 52.222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C.

4212).

__ (10) 52.225-3, Buy American Act-Supplies (41 U. S.C. 10).

__ (11) 52.225-9, Buy American Act-Trade Agreements Act-Balance of Payments Program (41 U.S.C.

10, 19 U.S.C.

2501-2582).

(12) Reserved.

(13) 52.225-18, European Union Sanction for End Products (E.O. 12849).

(14) 52.225-19, European Union Sanction for Services (E.O.

Page 42 of 59 I

B.20 (Continued) 12849).

__ (15) (i) 52.225-21, Buy American Act-North American Free Trade Agreement Implementation Act-Dalance of Payments Program (41 U.S.C 10, Pub. L.

103-187).

(ii) Alternate I of 52.225-21.

(16) 52.239-1, Privacy or Security Safeguards (5 U.S.C.

552a).

(17) 52.247-64, Preference for Privately Owned U.S.- Flag Commercial Vessels (46 U.S.C. 1241).

(c) The Contractor agrees to comply with the FAR clauses in this paragraph (c), applicable to commercial services, which 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 or components:

XX (1) 52.222-41, Service Contract Act of 1965, As amended (41 U. S. C.

351, et seq.).

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

351, et seq.).

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service

~~

j Contract Act-Price Adjustment (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

(5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargafaing Agreement (CBA) (41 U.S.C.

351, et seq.).

(d) Comptroller General Examination of Record. The Contractor agrees to 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 Page 43 of 59

=_

M

.= -

B.20

-(Continued) transactions related to this contract.

(2) The Contractor shall make available lu: its offices at all-reasonableLtimes the records, materials, and other evidence for examination, audit, or_ reproduction,-until 3 years after final payment under1this. contract or'for any.

shorter period specified in;FAR Subpart' 4.7, -Contractor-l 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 beLmade available for 3 years after any.resulting-final-termination. settlement.

Records relating to appealn under,the disputes clause or to litigation or the:

settlement of claims arising under or relating to this 4

l contract shall be made available until such appeals, l'itigation, 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 1or maintain any record that the contractor does not maintain'in the ordinary.

course of business or pursuant to a provision of law.

(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and_as may be required by an addenda to this paragraph' to establish the reasonableness of prices under Part 15), in-a.

subcontract for commercial items or commercial components--

(1) 52.222-26, Equal Opportunity (E.O. 11246);

l (2) 52.222-35, Affirmative Action for Special Disabled and-Vietnam Era Veterans (38 U.S.C. 2012 (a) ) ; and' l

(3) 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C. 793).

I (4) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (4 6 U.S.C, 1241) (flow down not required for subcontracts awarded beginning May 1, 1996),

(End of Clause)

Page 44 of 59

B.17.3 (Continued) attendance, in amounts not to exceed the cost limitations l

determined by the Federal Travel Regulations in effect on the date of the trip.

These Regulations specify the daily maximum per diem rates for specific localities within the United States including Alaska and Hawaii, and Puerto Rico, Guam and any protectorate, and the counties of Canada and Mexico the allowance for noals and I

incidental expenses (M&IE), the cost of travel by privately owned automobile, and the items which require receipts.

The contract can obtain the Regulations from the Superintendent of Documents Government Printing Office, Washington, D.C. 20402.

The Contractor shall, if requested by the Commission, furnish evidence satisfactory to the contracting Officer that failure to receive the said notice of postponement or cancellation prior to the arrival at the hearing site was not due to his/her negligence.

D.17.4 Charges For any hearing that starts dur6ng regular hours, the contractor shall charge the Commission at che rate (s) stipulated in Section B hereof for the particular servi:e and corresponding delivery schedule listed for the regular hours category.

If such hearing starts before regular hours or extends beyond regular hours, the rate (s) set forth in the Schedule for service during non-regular hours shall be effectives limited, however, to that portion of work performed during non-regular hours.

For verbatim reporting services that begin in non-regular hours and continue into regular hours (beginning before and continuing after 8:30 a.m.), OR that begin during regular hours and continue into non-regular hours (hours worked after 6:00 p.m.),

the reporter is required to identify the beginning of the regular hours by marking the time (8:30 a.m.), or the beginning of the non-regular hours by marking the time (6:00 p.m.) on the corresponding page of the transcript.

B.17.5 Failure of Contractor to Appear If the Contractor does not appear at the place and time specified for a hearing after being notified in accordance with Section A.S.5, " Work Orders," of the place and time for the scheduled hearing, the Commission representative may call in a substitute reporting firm, and the Contractor shall reimburse the Commission for any extra expenses incurred on account thereof.

The Commission may deduct such expenses from any sum otherwise due the Contractor.

D.17.6 Sale of Copies The Contractor shall obtain written authorization from the NRC Project Officer prior to the selling of transcript copies, tapes, Page 36 of 59

B.17.6 (Continued) diskettes, video tapes or other media.

With the exception of parties to the proceeding, the contractor shall verify with the NRC Project Officer the existence of proprietary, safeguards, and/or privacy related information which requires redaction from the transcript.

Transcripte resulting from closed, investigative, sensitive, or in-camera sessions are not authorized for sale except to parties to the proceeding.

Copies requested by the public, other than parties to the proceeding, on an expedited basis, maybe furnished by the contractor with the restrictions stated above, if it does not interfere with the needs of the proceeding as determined by the Presiding Officer.

B.17.7 Restrictions on Disclosure l

The Commission or the Presiding Officer shall have the right to prohibit the sale of copies of transcripts and/or diskettes or computer files thereof.

Any information in any form gained in the course of performance of duties hereunder shall be governed by the provisions in Section B.18 entitled, " Private Use of Contract Information and Data" and

" Retention of Exempt Material".

B.17.8 Report of Copy Sales and Delivery A report summarizing sales of copies of transcripts to parties other than NRC (Reference Section B.17.6 - Sale of Copies) shall be submicted to the Contracting Officer and NRC Project Officer on a quarterly basis, within 15 days following the end of the reporting quarter.

Refer to Section B.16 - PLACE OF DELIVERY FOR ORDERED ITEMS below for places of delivery.

The report is to be submitted in the following format:

Number of Transcripts Total Number Total Sold to Other Parties of Parties Amount Received D.17.9 Materials Where materials are referred to in the specifications as " equal particular standard, the Contracting Officer shall decide the of equality.

D.17.10 Working Space and Storage Facilities:

Classified Materials In those cases where security considerations or unusually proceedings require confidential processing of NRC materials, as directed by the NRC project officer, the Commission will supply Page 37 of 59

B.17.10 (Continued)

Contractor with working space,. desk or table, chair, lights, IBM or IBM-compatible PC, and storage space.

The contractor shall perform all work involving such material, including transcriptions records and production of diskette which contain1 classified within the commission supplied premises or other approved facilities and not the contractor's place of business.

In all cases, the Contractor shall perform transcription work at its'own-(

of business.

B.17.11

Security Classification The highest classification applicable to the aervice to be under this contract will be Confidential Rentlicted Data.

The

. Security / Classification requirements are set forth in NRC Form 187 Section C Attachments 2).

Notwithstanding the provisions of subsection B.11 to this entitled " Security," to the contrary, and-in addition thereto, the parties hereto agree that the NRC shall formally classify all information or material delivered under this contract and shall classification guidance to the contractor as required in the of this contract.

When advised by the Presiding Officer that information or material classified or sensitive unclassified information, the Contractor mark any resulting documentation in accordance with guidance from presiding officer.

If subsequent to the-date of this contract, the security level contract is changed by the Commission and such change causes an or decrease in the estimated cost or the time required for under the contract, the contract cost, delivery schedule, or both any other provisions of the contract that may be affected, shall subject to an equitable adjustment by reason of such increased or decreased costs.

Any equitable adjustment shall be accomplished same manner as if such changes were directed under the changes B.17.12 Retention of Exempt Material a.

Government Property:

The Contractor agrees that all work, including shorthand or longhand notes, stenotype tapes,-memoranda, cassette tapes, video tapes and material of every description thereto, as well as all copies of the foregoing relating to the any part thereof, shall be the property of the Government and may used by the Government for any purpose whatsoever without any j

the part of the Contractor and its subcontractors and vendors for additional compensation, and shall be delivered to the Government provided in the work order.

The commission retains the right to 1

reproduce in full and distribute any transcript and/or diskette i

under the terms of this contract.

Page 38 of 59 i

3.17.12 (Continued)-

l

-b.

Material Exempt from Public Disclosure:

The Contractor retain under any circumstances any portion of a transcript, shorthand or longhand notes, stenotype tapes, cassette tapes, tapes, memoranda, and material of every description relating i

and copies thereof, taken during an in-camera session at any hearing or other proceeding or at any other closed hearing or which contains information exempt from public disclosure pursuant commission's regulations, including, but not limited to, trade confidential or privileged business or financial information, or information the disclosure of which would constitute an invasion of personal privacy.

At the time the transcript is the contractor shall return to the commission all of the above documents which contain information exempt from public disclosure pursuant to the Government in the Sunshine Act or the Commission's regulations.- The Contractor, its employees and representatives prohibited from otherwise revealing any of the foregoing c.

Final delivery and Restriction:

The Contractor further all work including shorthand or longhand notes, stenotype tapes, memoranda, and material of every description relating thereto not covered above or documents not_ covered herein, shall be held by contractor subject to the authority and control of the Commission

~

the expiration of-the contract at which time they shall be t

the Commission.

The Contractor's right of retention and use shall subject to the security, patent, and use of information any, of this contract.

In the case of investigative interviews, related materials used to produce the transcript shall be returned the transcript delivery as requested in the work order.

13.17.13 subcontract for Work or Services No contract shall be made by the Contractor with any other party furnishing 1any of the work or services herein contracted for prior written approval of the Contracting Officer, but=this will not be taken as requiring the_ approval of contracts of between the Contractor and personnel assigned for serviced D.17.14 Proprietary Data and Confidential Information In-_ connection with the performance of the work under this Contractor may be furnished, or may develop or acquire, (trade secrets) or confidential or privileged technical, business,

' financial information, including Commissioniplans, policies, financial plans internal data-protected by_the Privacy Act of 1974-93-579), orLother information which has not been released to the or has been determined by_the' Commission to be otherwise exempt disclosure to the public. _ The Contractor agrees to. hold such information in confidence and not ta) directly or indirectly disseminate, or disclose such information in whole or in part to other person or organization except as may be necessary to perform work under this_ contract.

The. Contractor agrees to return such Page 39 of 59

B.17.14 (Continued) information to the Commission or otherwise dispose of.it either as-Contracting Officer may from time to time direct during the the work or in any event as the Contracting officer shall direct completion or termination of this contract.

Failure to comply clause-shall be grounds for termination of.this contract.

3.17.15-Contract Personnel. Security Requirements For a limited number of contractor employees (minimum of 3 all times), performance-under this contract will involve access to 4 information requiring a "Q" personnel security clearances.

The will also involve access to Restricted Data.

Personnel Security Clearances shall be processed and granted in accordance with-NRC Management Directive (MD) 12.3 which is incorporated in to this as though fully set forth-herein.

For other contraccor employees, performance under this contract may involve access to nuclear reactor Safeguards Information (SGI).

Access to SGI will require National Agency Check or other investigation deemed necessary by in accordance with NRC Management Directive and Handbook 12.3.

regarding the individual's eligibility for access to SGI will be

-resolved in accordance with the due process procedure set forth in 12.3, Exhibit 11 which is incorporated into this contract as fully set--forth herein.

Based on--the review of the applicant's forms by SEC, and/or the receipt of adverse information by NRC, individual may be denied access to SGI until a final determination his/her eligibility for access is made under the provisions of MD The contractor shall submit completed Personnel Security Packages for all personnel requiring security clearance or access to the U.S. Nuclear Regulatory Commission, Division of Security, Washington, D.C.

20555 within thirty (30) calendar days following contract award.

As a minimum, three (3) personnel shall be be approved for. access to unclassified Safeguards Information, personnel shall be identified at the time of contract award.

If necessary, the Commission reserves the right to obtain 0-cleared personnel from other sources until such time as the reporting has received security clearances for the necessary Q-cleared B.17.16 Performance and Payment Bonds--

Other Than Construction.

(a)

Definitions. As used in this clause-- Contract price means total amount of the contract for the term of the contract options, if any) or, for requirements contracts, the price payable the estimated quantity; or for indefinite-delivery type contracts, price payable for the specified minimum quantity.

(b) Within ten (10) days after receipt of required forms (Stavdard i

I 1418) to be furnished by NRC, but in any event, before starting the Contractor shall execute and deliver to the Nuclear Regulatory Commission, a bond for the faithful performance of the contract in Page 40 of 59 F

l

5.17.16 (Continued) sum of one hundred thousand dollars ($100,000.00) in a form and in sureties to be approved by the commission.

If a performance bond furnished within the period sipecified, the contract may be for default.

(c) The Government may require additional performance bond I

when the contract price is increased. The Government may secure additional protection by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond.

(d) The bonds shall be in the form of firm commitment, supported corporate sureties whose names appear on the list contained in Department Circular _570, individual sureties, or by other _

security such as postal money order, certified check, cashier's irrevocable letter of credit, or, in accordance with Treasury regulations, certain bonds or notes of the United States. Treasury circular 570 is published in the Federal Register, or may be from the U.S. Department of Treasury, Financial Management Surety Bond Branch, 401 14th Street, NW., 2nd Floor, West Wing, Washington, DC 20227.

(End of clause) 3.18 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUN 1988)

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished to the Contractor in the performance-of_this contract-shall be used--

only in connection with the work under this contract.

(End of Clause)

D.19 FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OVER CONTRACTOR (See Section C Attachment No. 12)

D.20 DURATION OF CONTRACT PERIOD (MAR 1987) ALTERNATE ALTERNATE II (MAR 1987)

This contract shall commence on and will expire on-The term of this contract may be extended at the option of the Government for an additional four (4) one (1) year option periods.

  • TO BE FILLED IN AT TIME OF AWARD.

Page 41 of 59

D.20 (Continued)

(End of Clause)

D.21 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 1996)

(a) The Contractor agrees to comply with the following 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) 52.222-3, Convict Labor (E.O. 11755); and (2) E2.233-3, Protest Af ter Award (31 U.S.C 3553).

i (b) The contractor agrees to comply with the FAR clauses in this paragraph (b) which the contracting officer has indicated as i

being incorporated in this contract by reference to implement provisions of law or executive orders applicable to 1

acquisitions of commercial items or components:

l XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S. C.

253g and 10 U.S.C.

2402),

j XX (2) 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity (41 U.S.C. 423).

XX (3) 52.219-8, Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (15 U.S.C. 637 (d) (2) and (3)) ;

(4) 52.219-9, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (15 U.S.C.

637 (d) (4) ) ;

(5) 52.219-14, Limitation on Subcontracting (15 U.S.C.

6 37 (a) (14 ) ).

XX (6) 52.222-26, Equal Opportunity (E.O. 11246).

XX (7) 52.222-35, Affirmative Action for Special Disabled I

and Vietnam Era Veterans (38 U.S.C. 4212).

XX (8) 52.222-36, Affirmative Action for Handicapped Workers j

(2 9 U.S.C. 793).

XX (9) 52.222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C.

4212).

Page 42 of 59 l

B.21 (Continued)

(10) 52.225-3, Buy American Act-Supplies (41 U. S. C. 10).

(11) 52.225-9, Buy American Act-Trade Agreements Act-Balance of Payments Program (41 U.S.C.

10, 19 U.S.C.

2501-2582).

(12) Reserved.

(13) 52.225-18, European Union Sanction for End Products (E.O. 12849).

(14) 52.225-19, European Union Sanction for Services (E.O.

12849).

(15) (i) 52.22B-21, Buy American Act-North American Free Trade Agreement Implementation Act-Balance of Payments Program (41 U.S.C 10, Pub. L. 103-187).

(ii) Alternate I of 52.225-21.

(16) 52.239-1, Privacy or Security Safeguards (5 U.S.C.

552a).

i (17) 52.247-64, Preference for Privately Owned U.S.- Flag Commercial Vessels (46 U.S.C.

1241).

(c) The contractor agrees to comply with the FAR clauses in this paragraph (c), applicable to commercial services, which 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 or components:

XX (1) 52.222-41, Service Contract Act of 1965, As amended (41 U. S. C.

351, et seq.).

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

351, et seq.).

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year.and Option Contracts) (2 9 U.S.C. 206 and 41 U.S.C.

351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (29 U.S.C.

206 and 41 U.S.C.

351, et seq.).

(5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 Page 43 of 59

\\

I D.21 (Continued)

U.S.C.

351, et seq.).

(d) Comptroller General Examination of Record, The Contractor agrees to 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, anf 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 transacticns 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 l

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.

l (e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to Jnclude any FAR clause, ocher than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under part 15), in a subcontract for commercial items or commercial components--

(1) 52.222-26, Equal Opportunity (E.O. 11246);

(2) 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans (38 U.S.C. 2012 (a) ) ; and (3) 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C.

793),

page 44 of 59 e

B.21 (Continued)

(4) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (4 6 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May 1, 1996).

(End of Clause) i Page 45 of 59

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