contract no. nrc-hq-12-c-38-0054. · np00-hsq-12-c-38-0054 _ r04-02-207142 7. for solicttation...

SOLICITATIONICONTRACTIORDER FOR COMMERCIAL ITEMS 1. ROUMOLSSTNO PAGE0I0o 55HR0-12-039

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 21213/2011_______

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INFORMATION CALL. IS. S.CPE 1if AEOS2

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betheasd B1D 20814-4810 Washingtoon, DC 20555

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B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION (AUG 2011)

(a) The title of this project is: Career Counseling Program

(b) Summary work description:

The Office of Human Resources, U.S. Nuclear Regulatory Commission (NRC), provides a Career CounselingProgram (CCP) for its employees. The CCP allows employees to focus their talents, skills, and knowledge toadvance their careers and to identify occupations within NRC that fit their skills, knowledge, and abilities, thusresulting in greater career success, mobility, productivity, job satisfaction, and continued personal growth. TheCCP provides employees with opportunities to explore career-related issues in a confidential manner. TheOffice of Human Resources ensures that all career counseling methods and procedures are used consistentlythroughout the agency. The NRC seeks to obtain the services of a career counseling contractor to provideindividual and group career counseling sessions.

B.2 CONSIDERATION AND OBLIGATION-LABOR-HOUR CONTRACT (AUG 2011)

(a) The ceiling price to the Government for full performance under this contract is $311,392 which includes thebase period and four one-year options. The total estimated cost for the base year totals $70,631. The amountpresently obligated by the Government with respect to this contract is $40,000.

(b) CLINS 001, 002, 003, 004, 1001, 1002, 1003, 1004, 2001, 2002, 2003, 2004, 3001, 3001, 3002, 3003,3004, 4001, 4002, 4003, and 4004 (Kick-off Meeting, Career Counseling Guidebook, Final Report, and ProgramManagement) are Firm-Fixed-Price line items. This portion for the base year totals $26,760.

(c) CLINs 005, 006, 1005, 1006, 2005, 2006, 3005, 3006, 4005, and 4006 (Career Counseling Sessions)includes estimated labor hours at specified fixed hourly rates, inclusive of wages, fringe, overhead, general andadministrative expenses, and profit. This portion for the base year totals $43,872.

(d) CLINs 007, 008, 1007, 1008, 2007, 2008, 3007, 3008, 4007, and 4008 (Other Direct Costs: Myers Briggsand Skype). This portion for the base year totals$1,764.

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B.4 PRICE/COST SCHEDULE

BASE YEAR: April 2, 2012- April 1, 2013: :":+:+: ..... Fixed Unit .. .

COLIN Description Quantity Unit Price TOTAL.

001 Kick-off Meetin LOTDevelopment of Career Counseling

002 Guide Book EachAnnual Career Counseling

003 Evaluation Re ort

004 Pro ram Mana ement Mos.

Estimated

CLIN Description Quantity Unit Quantity TOTALIndividual Career Counseling

005 Sessions sessionsLeadership Potential Program

006 Counseling Sessions sessionsSelf Diagnostic Instruments -

007 M ers Bri sT e Indicator eachSelf Diagnostic Instruments -

008 Skyp e each

TOTAL PRICE FOR BASE YEAR $70,631.00

OPTION YEAR 1: April 2, 2013-April '1, 2014

* - 1"Fixed Unit'LIN IDescription Quantity. IUnit Price- TOTAL

1001 Annual Planning Meeting LOTUpdate of Career Counseling

1002 Guide Book (OPTIONAL TASK) EachAnnual Career Counseling

1003 Evaluation Report Each

1004 Program Management Mos.

Estimated


1005 Sessions sessions -Leadership Potential Program


1007 Myers Briggs Type Indicator eachSelf Diagnostic Instruments -

1008 Skype eachTOTAL PRICE FOR OPTIONYEAR 1 $56,696.00

2

OPTION YEAR 2: April 2, 2014 - April 1, 2015Fixed Unit

CLIN Description Quantity Unit Price TOTAL

2001 Annual Planning Meeting LOT _ _

Update of Career Counseling2002 Guide Book (OPTIONAL TASK) Each

Annual Career Counseling2003 Evaluation Report Each


Estimated





2008 Skype eachTOTAL PRICE FOR OPTIONYEAR 2 $58,964.00

OPTION YEAR 3: April 2, 2015 - April 1, 2016

,.LIN Description :,Quantity Ui :rice .. TOTAL

3001 Annual Planning Meeting LOT -Update of Career Counseling

3002 Guide Book (OPTIONAL TASK) EachAnnual Career Counseling

3003 Evaluation Report Each

3004 Program Man aement Mos. $4,152.00

Estimated





3008 Skype eachTOTAL PRICE FOR OPTIONYEAR 3 _ $61,324.00

3

OPTION YEAR 4: April 2, 2016- April '1, 2017=.•'.::i•:!!:.!i :!•:iiF ixe d U nit.

CLIN Description Quantity Unit Price TOTAL

4001 Annual Planning Meeting LOT_____Update of Career Counseling

4002 Guide Book (OPTIONAL TASK) w EachAnnual Career Counseling

4003 Evaluation Report I_ Each_


Estimated




4007 Myers Briggs Type Indicator each M imiSelf Diagnostic Instruments -

4008 Skype eachTOTAL PRICE FOR OPTIONYEAR 4 , $63,777

TOTAL PRICE (BASE YEAR AND FOUR ONE YEAR OPTIONS): $311P392.00

4

B.5 DELIVERY SCHEDULE

" During the base year of the award, a kick-off meeting will be scheduled between the contractor andthe NRC COR to make certain the contractor understands the culture and environment of the NRCworkplace.

* The contractor must submit a DRAFT copy of the Career Counseling Guidebook 45 days after theeffective date of award to the COR for review and approval.

• The FINAL Career Counseling Guidebook must be submitted to the COR 15 days after receipt ofthe DRAFT from the NRC COR.

* An annual report outlining the number of sessions completed, including gender, ethnic

background, and participant's career field; a brief analysis of trends related to participant careerconcerns; status of contract activities; status of problems or issues the contractor has encountered,a copy of evaluation forms from participants completing the program; and a summary of the datatherein.The report shall be submitted 15 calendar days after the end of each year.

The report shall contain the following:1. Number of counseling sessions completed.2. A brief discussion of session results for those participants whose sessions were completed.

Participants will remain anonymous.3. Statistics on each participant entering the program.4. Number of attendees in career development sessions, stating discussion topics, and what was

achieved during the session; based on feedback from attendees.5. Statistical data and reports from regional counselors shall be integrated into the reports to

include a summary of activities and findings resulting from career counseling services.

" An annual statistical report which summarizes activities, to include number of sessions,

participant's career field; summary description of activities, trends and problems encountered. Thereport shall be submitted 1 5 calendar days after the contract year ends. If option years 1 through 4are exercised, reports shall cover all voluntary participants counseled, and the results of theparticipants' evaluations of the counseling provide during the 12-month period.

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B.6 STATEMENT OF WORK

STATEMENT OF WORKfor

CAREER COUNSELING PROGRAM

BackgqroundThe Office of Human Resources, U.S. Nuclear Regulatory Commission (NRC), provides a Career CounselingProgram (CCP) for its employees. The CCP allows employees to focus their talents, skills, and knowledge toadvance their careers and to identify occupations within NRC that fit their skills, knowledge, and abilities, thusresulting in greater career success, mobility, productivity, job satisfaction, and continued personal growth. TheCCP provides employees with opportunities to explore career-related issues in a confidential manner. The Officeof Human Resources ensures that all career counseling methods and procedures are used consistentlythroughout the agency. The NRC seeks to obtain the services of a career counseling contractor to provideindividual and group career counseling sessions.

ObiectiveThe contractor shall provide one-on-one career counseling for approximately 50 NRC voluntary participantsannually. The contractor may also provide two one-on-one career counseling sessions to participants of theLeadership Potential Program. Additional NRC voluntary participants may be counseled at the NRC's option. Theone-on-one individual counseling program shall consist of a total of five one-hour sessions for each voluntaryparticipant.

Scope of WorkThe contractor shall provide the following:

1. Assist employees in exploring .career options within NRC.2. Heighten employees' awareness of qualifications for positions of interest, including experience and

education, and the ability to communicate them to others.3. Assist employees in clarifying their traits, characteristics, priorities, and interest, related to career choices.4. Provide information and resources related to career and occupational planning and job requirements for

the position the individual holds now, or aspires to attain.5. Assist employees in understanding how to bring more of their skills, talents, and energy to the work they

do today and how to plan for applying their capabilities to work in the future.6. Assist employees in understanding career opportunities available, as well as limitations, within the NRC,

other federal agencies, and the private sector.7. Provide employees with the knowledge and skill in resume preparation and interview techniques.8. Assist employees in establishing their short-term and long-term goals to achieve optimum career and

personal growth.9. Assist employees in increasing their knowledge of job search techniques.

Provide assistance and guidance in developing Individual Development Plans (IDPs).

Each participant's program will be tailored to meet the individual's specific counseling needs and will betotally confidential.

6

Individual Sessions

The NRC Contracting Office Representative (COR) will issue a program enrollment order to the contractor thatincludes the name(s) of the interested participant (s), work phone number(s), and work email(s). The contractorshall make all of the arrangements for career counseling appointments directly with the NRC participant. Thisshould be accomplished within 3 days of issuance of the enrollment order. The contractor can schedule blocks -ftime, if so desired, as long as it is not too restrictive for allowing flexible scheduling of appointments byparticipants.

Assessment and counseling sessions shall be scheduled during regular NRC working hours. Sessions heldduring other times require the prior approval of the NRC COR.

Each participant will complete five, one-hour individual counseling sessions. The contractor shall allow sufficientintervals between as mutually agreed upon between participant and contractor so that participant may accomplishtasks assigned in previous counseling sessions. If a participant does not require all five sessions, the contractorshall stop at the appropriate number.

Career Counseling Session Content

As a minimum, the following is an outline of what the first individual session shall include:1. Review of the career counseling program's format and content.2. Review of participant's prior education and work experience.3. Development of mutual goals and expectations from the counseling.4. Ascertain areas that the participant would like to focus on, i.e., developing an IDP, writing a good resume,

etc.

At the end of Session 1, the contractor shall provide instructions and guidance to the participant for completingthe following prior to Session 2:

1. Self-assessment assignments; and2. As appropriate, completion of any interest and or personality preference inventories, and return to the

counselor at the beginning of Session 2.

During Session 2, the contractor shall discuss (if applicable) with the participant self-assessment instruments andclarify any questions the participant may have.

At Sessions 3 and 4 the contractor shall provide discussion on:1. Career goals and objectives;2. Career research;3. Ways to communicate one's skills, values, and goals; and4. Ways to present one's resume in the best possible light.

Session 5 will be a follow-up session, which will occur two to three months after completion of Session 4.

Career Counseling Program Evaluation Questionnaire

When each counseling session is completed for an individual, an Evaluation Questionnaire will be given to eachparticipant. This form shall have questions to indicate the degree to which a participant was able to fulfill his or her

7

individual goals during the career counseling. Such evaluation shall ensure the anonymity of each participant andshall provide some of the data for the quarterly and annual reporting requirements.

Each participant will complete the approved evaluation form and give it to the counselor. To ensure more privacyto the employees, the counselor shall ask the employee to sit at the end of the conference table while filling outthe form. The counselor shall provide an envelope to the employee in which to place the evaluation form. Theemployee will give the sealed evaluation form to the Career Counselor who will submit it, unopened to the NRCCOR. Region-al Administrators will send sealed evaluation forms to NRC Headquarters COR.

Career Counseling Guidebook and Assessments

The contractor shall provide the Career Counseling Guidebook (CCGB) and self-diagnostic instruments to beadministrated to NRC staff.

The contractor shall distribute CCGBs and materials to each participant during individual sessions. Thecontractor shall develop, and distribute all materials as appropriate. Materials shall be presented in a clean, clear,and legible manner.

To ensure consistency of the CCP throughout the NRC, the NRC headquarters' contractor shall provide theregional career counseling contractor's copies of the CCGB and self-diagnostic instruments.

The CCP shall consist of the following materials:

1. The CCGB shall be provided to each participant enrolled in the career counseling program. The

guidebook shall contain current up-to-date information including but not limited to self-assessmentactivities, occupational search techniques, career decision making approaches, career options andopportunities within and outside the NRC, resume formats and guidelines, networking techniques,information to enable assessment of skills, values and goals, communication and interview guidelines andtechniques, building a career plan of action, and bibliography of useful books and online resources.

2. Based on the individual's needs, appropriate self-assessment instruments will be provided to eachparticipant (this includes being qualified to administer and interpret the Myers-Briggs Type Indicator,Strong Interest Inventory, Campbell Interest and Skills Survey, and StrengthsFinder). The contractor may

propose other inventories to NRC for the NRC COR approval.3. Counseling techniques shall assist participants in exploring their personal attributes through tests,

inventories, probing questions; discovering more about jobs, occupational information, and interview. Alsolearning and decision making, relating jobs to self, identifying the pros and cons of job occupationalinformation, and taking direct action to achieve career success.

Location

Assessment and counseling sessions shall be offered at any NRC facility located in the Washington Metropolitanarea. The NRC may request services to be provided by travel, Video Teleconferencing (VTC), or other interactivemedium, to NRC Regional locations:

(1) Region I - King of Prussia, PA(2) Region I1 - Atlanta, GA(3) Region III - Lisle, IL(4) Region IV - Arlington, TX

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Career Counseling Session Schedule

The individualization of the CCP and the following general outline shall be used as the contractor's guide for th-.'.five hour-long sessions:

1. The contractor shall keep careful records of the counseling sessions.2. If a participant does not need all five sessions, the contractor shall stop at the appropriate number

mutually agreed upon by the contractor and the participant.3. The contractor shall allow sufficient intervals between sessions, as mutually agreed upon between the

participant and the contractor, to allow the participant to accomplish tasks assigned in previous counselingsessions.

In the event an individual participant elects to terminate his or her participation in the program the Government

will be obligated to pay only for those sessions actually completed.

Regional Career Counseling Services

The NRC conducts career counseling activities in each of the NRC's four regional offices. The contractor shallprovide local counselors in each region. The Headquarters' contractor oversees the regional contractors'activities. The Headquarter's contractor does require input from each region in order to report annually on theNRC's career counseling activities. The Headquarter's contractor shall be responsible for performing the serviceslisted below on a quarterly basis where counseling has been conducted in any of the NRC's regional offices:

1. The contractor shall analyze client evaluation forms (as well as, information derived from telephonecontacts) submitted by the regional contractors, identify potential problem areas and inconsistencies inmethods or career counseling procedures used in counseling regional personnel, discuss resolutions andprovide recommendations to the NRC COR for overall improvement of the NRC CCP, as appropriate.

Key Personnel QualificationsThe NRC seeks the services of a qualified counselor, with appropriate education and counseling experience inthe Federal sector. Demonstrated knowledge of career counseling based on formal education, specific training incareer counseling, and membership in relevant professional organizations, is required.

Resumes shall identify and describe specific jobs and references. Related career counseling experience of keypersonnel must reflect specific experience indicating quantity and quality of one-on-one career counselingprovided to individuals both in the Federal sector and in private industry.

Deliverables/Milestone ScheduleAll career counseling sessions are considered to be Personally Identifiable Information and confidential. Resultsprovided in the reports below, will not identify participants of the program.

However, the NRC requires the following records and forms to be maintained and forwarded to the NRC COR.

* During the base year of the award, a kick-off meeting will be scheduled between the contractor and theNRC COR to make certain the contractor understands the culture and environment of the NRC workplace.

* The contractor must submit a DRAFT copy of the Career Counseling Guidebook 45 days after theeffective date of award to the COR for review and approval.

* The FINAL Career Counseling Guidebook must be submitted to the COR 15 days after receipt of theDRAFT from the NRC COR.

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An annual report outlining the number of sessions completed, including gender, ethnic background, andparticipant's career field; a brief analysis, of trends related to participant career concerns; status of contractactivities; status of problems or issues.the contractor has encountered, a copy of evaluation forms fromparticipants completing the program; and a summary of the data therein. The report shall be submitted 15calendar days after the end of each year.

The report shall contain the following:

6. Number of counseling sessions completed.7. A brief discussion of session results for those participants whose sessions were completed.

Participants will remain anonymous.8. Statistics on each participant entering the program.9. Number of attendees in career development sessions, stating discussion topics, and what was

achieved during the session, based on feedback from attendees.10. Statistical data and reports from regional counselors shall be integrated into the reports to include a

summary of activities and findings resulting from career counseling services.

An annual statistical report which summarizes activities, to include number of sessions, participant'scareer field; summary description of activities, trends and problems encountered. The report shall besubmitted 15 calendar days after the contract year ends. If option years 1 through 4 are exercised,reports shall cover all voluntary participants counseled, and the results of the participants' evaluations ofthe counseling provide during the 12-month period.

If NRC exercises the option years,. meetings to discuss current career development and counseling techniqueswill be scheduled at the discretion of the COR.

CancellationsThe contractor shall implement procedures to confirm scheduled appointments with participants to ensureattendance for appointments.

Cancellations are recognized as employee notification to the contractor more than 24 hours in advance.

Duration of ContractThe anticipated period of performance is five years which includes a one-year base period and four one-yearoption periods.

Government (NRC) Furnished Equipment, Materials and Facilities:Upon award, the NRC will provide the contractor with the following:

1. Meeting Facilities;2. Desk; and3. Telephone

10

N RC-HQ-12-C-38-0054 Section C

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)

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

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in theitem.

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failureof the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or actionarising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of thiscontract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies(or electronic invoice, if authorized) to theaddress designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

11

NRC-HQ-1 2-C-38-0054 Section C

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shippedon Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

-(viii) Name, title, and phone number of person to notify in event of defective invoice; and

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitationprovision, contract clause (e.g., 52.232-33, Payment by. Electronic Funds Transfer-- Central Contractor Registration, or52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agencyprocedures.

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

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

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

(i) Payment.-

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

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

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

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

12


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

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

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

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

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

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

contract.

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

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of adebt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timelinespecified in the demand for payment unless the amounts were not repaid because the Contractor has requested aninstallment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

13

NRC-HQ-12-C-38-0054 Section C

(A) The date on which the designated office receives payment from the Contractor"

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable hasbeen withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have becomepayable to the Contractor.

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

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies providedunder this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.destination.

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event ofany default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails toprovide the Government, upon request, with adequate assurances of future performance. In the event of terminationfor cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted,and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it isdetermined that the Government improperly terminated this contract for default, such termination shall be deemed atermination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352

relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to

14


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

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

(1) The schedule of supplies/services.

(2) The Assignments, .Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique toGovernment Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance andthrough final payment of any contract for the accuracy and completeness of the data within the CCR database, and forany liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in theCCR database after the initial registration, the Contractor is required to review and update on an annual basis from thedate of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurateand complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not asubstitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has notcompleted the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12,the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification ofits intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C)agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor mustprovide with the notification sufficient documentation to support the legally changed name.

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

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate,in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment ofClaims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR

15


record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor willbe considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFTclause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCRaccessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as

if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITYMATTERS (FEB 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity InformationSystem (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in theCentral Contractor Registration database via https://www.acquisition.gov.

(b) As required by section 3010 of -the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all informationposted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIISconsists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can onlybe viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automaticallytransferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who postedit in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted theinformation, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosureexemption under the Freedom of Information Act, the Government official who posted the information must within 7calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom ofInformation procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and requestremoval within 7 calendar days of the posting to FAPIIS.

16


(2) The Contractor will also have an opportunity to post comments regarding information that has been posted bythe Government. The comments will be retained as long as the associated information is retained, i.e., for a totalperiod of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011,except past performance reviews, will be publicly available,

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom ofInformation Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified inthe contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by theSecretary of Labor. The option provision may be exercised more than once, but the total extension of performancehereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to theContractor within.

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within ; provided that theGovernment gives the Contractor a preliminary written notice of its intent to extend at least days before the contractexpires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed fiveyears and six months.

C.5 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS (FEB 1990)

The Small Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms andconditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the SmallBusiness Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may beterminated either in whole or in part without cost to either party.

(c) Except for novation agreements and advance payments, delegates to the Nuclear Regulatory Commission theresponsibility for administering the subcontract to be awarded hereunder with complete authority to take any action onbehalf of the Government under the terms and conditions of the subcontract; provided, however, that the NuclearRegulatory Commission shall give advance notice to the SBA before it issues a final notice terminating th.e right of asubcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or forthe convenience of the Government.

17


(d) That payments to be made under any subcontract awarded under this contract will be made directly to thesubcontractor by the Nuclear Regulatory Commission.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of theContracting Officer cognizable under the "Disputes" clause of said subcontract.

(f) To notify the Nuclear Regulatory Commission Contracting Officer immediately upon notification by thesubcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control ofthe concern.

C.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a)concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of thecontract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnelshall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform workfor at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including thecost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of thecontract, not including the cost of materials, with its own employees.

C.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term doesnot include contracts that exceed five years in duration because the period of performance has been extended for acumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or otherappropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, notdominant in the field of operation in which it is bidding on Government contracts, and qualified as a small businessunder the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not

18


dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in akind of business activity in which a number of business concerns are primarily engaged. In determining whetherdominance exists, consideration shall be given to all appropriate factors, including volume of business, number cemployees, financial resources, competitive status or position, ownership or control of materials, processes, patents,license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractorshall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause,upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract toinclude this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modificationof the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in thecontract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of thisrerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to thiscontract. The small business size standard corresponding to this NAICS code can be found athttp://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for acontract other than a construction or service contract, is 500.employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required byparagraph (b) of this clause by validating or updating all its representations in the Online Representations andCertifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflectthe Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframesspecified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of thevalidation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, theContractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation inORCA for the NAICS code applicable to this contract, the Contractor is required to complete the followingrerepresentation and submit it to the contracting office, along with the contract number and the date on which thererepresentation was completed:

The Contractor represents that it [] is, [] is not a small business concern under NAICS Code 611430 assigned tocontract number NRC-HQ-12-C-38-0054.

[Contractor to sign and date and insert authorized signer's name and title].

19


C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given infull text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may beaccessed electronically at this/these address(es):

http://www. arnet.gov/far

52.204-9 PERSONAL IDENTITY VERIFICATION OF JAN 2011CONTRACTOR PERSONNEL

52.207-3 RIGHT OF FIRST REFUSAL OF EMPLOYMENT MAY 200652.245-1 GOVERNMENT PROPERTY AUG 201052.245-9 USE AND CHARGES AUG 2010

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OREXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2012)

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

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

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

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

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

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

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

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI,Chapter 1 (41 U.S.C. 251 note)).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Actof 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) (Pub. L.109-282) (31 U.S.C. 6101 note).

20


[] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred,Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

[X] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2012) (41 U.S.C.2313).

[] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C ofPublic Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161)

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

[] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if theofferor elects to waive the preference, it shall so indicate in its offer) (15 U.S. C. 657a).

[] (11) [Reserved]

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

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

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

[] (ii) Alternate I (Oct 1995) of 52.219-7.

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

[X] (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

[] (15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (JUL 2010) of 52.219-9.

[0 (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

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

[3 (1 9)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

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

21


[] (20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting(DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

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

[X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)).

[] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns(NOV 2011).

[] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (NOV 2011).

[X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

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

[X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

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

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

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

[X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.13496).

[X] (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to theacquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in22.1803.)

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

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of

commercially available off-the-shelf items.)

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

[] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC2007) (E.O. 13423).

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

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

22


[] (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C. I10-10Od19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53,109-169, 109-283, and 110-138).

(] (ii) Alternate I (Jan 2004) of 52.225-3.

[] (iii) Alternate II (Jan 2004) of 52.225-3.

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

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

[] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

[X] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10U.S.C. 2307(f)).

[] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[X] (47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 20Q3) (31 U.S.C.3332).

[] (48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

[1(49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (51)(i) 52.247-64, Preference for Privately Owned U.S-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

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

[] (ii) Alternate I (Apr 2003) of 52.247-64.

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

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

[] (2) 52.222-42, Statement of Equivalent. Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351,et seq.).

Employee Class Monetary Wage-Fr-inge Benefits

23

NRC-HCI-12-C-38-0054 Section C

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

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

[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247)

[] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, anddoes 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, shallhave access to and right to examine any of the Contractor's directly pertinent records involving transactions related tothis contract.

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

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontractsthat offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lowertier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

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

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

(xii) 52.222-54, Employee Eligibility Verification (JAN 2009)

(xiii) 52.226-6, Promoting ExcessFood Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flowdown required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C. 263.1). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

C.10 2052.215-70 KEY PERSONNEL (JAN 1993)

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

1. Melanie Freeman - Program Director2. Heather Brown - Career Counselor3. Corliss Taylor Jackson - Career Counselor

The contractor agrees that personnel may not be removed from the contract work or replaced without compliance withparagraphs (b) and (c) of this section.

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

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of thecircumstances necessitating the proposed substitutions. The request must also contain a complete resume for the

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proposed substitute and other information requested or needed by the contracting officer to evaluate the proposedsubstitution. The contracting officer and the project officer shall evaluate the contractor's request and the contractingofficer shall promptly notify the contractor of his or her decision in writing.

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

C.11 CONTRACTING OFFICERS'S REPRESENTATIVE

(a) The contracting officer's authorized representative (COR) for this contract is:

Name: Ms. Jacqueline Nicholson, HR/HRTD/PDC

Address: U.S. Nuclear Regulatory Commission7201 Wisconsin AvenueSuite 425, Gateway BuildingMail Stop: GW4A18

Bethesda, MD 20814-4810

Telephone Number: (301) 492-2304

E-mail: Jackie. [email protected]

(b) Performance of the work under this contract is subject to the technical direction of the NRC project officer. Theterm "technical direction" is defined to include the following:

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

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

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

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

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

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

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

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

(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral 6dir.ctivewhatever.

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

(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the projectofficer in the manner prescribed by this clause and within the project officer's authority under the provisions of thisclause.

(f) If, in the opinion of the contractor, any instruction or direction issued by the COR is within one of the categories asdefined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writingwithin five (5) working days after the receipt of any instruction or direction and shall request the contracting officer tomodify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issuean appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, thetechnical direction is within the scope of this article and does not constitute a change under the "Changes" clause.

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

(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be

taken with respect thereto is subject to 52.233-1 .-Disputes.

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

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

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

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

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

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

(6) Ensure that all contractor employees that require access to classified Restricted Data or National SecurityInformation or matter, access to sensitive unclassified information (Safeguards, Official Use Only, and Proprietaryinformation) access to sensitive IT systems or data, unescorted access to NRC controlled buildings/space, orunescorted access to protected and vital areas o1: nuclear power plants receive approval of SB/DFS prior to access inaccordance with Management Directive and Handbook 12.3.

(7) For contracts for the design, development, maintenance or operation of Privacy Act Systems of Records, obtainfrom the contractor as part of closeout procedures, written certification that the contractor has returned to NRC,

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transferred to the successor contractor, or destroyed at the end of the contract in accordance with instructionsprovided by the NRC Systems Manager for Privacy Act Systems of Records, all records (electronic or paper) whichwere created, compiled, obtained or maintained under the contract.

C.12 BRANDING (AUG 2011)

The Contractor is required to use the official NRC branding logo or seal on any publications, presentations, products,or materials funded under this contract, to the extent practical, in order to provide NRC recognition for its involvementin and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor mustacknowledge that information in its documentation/presentation.

Access the following websites for branding information and specifications:http://www.internal.nrc.gov/ADM/branding/ and Management Directive and Handbook 3.13 -

(internal NRC website): http://www.internal.nrc.gov/policy/directives/toc/md3.13.htm

(external public website): http://pbadupws.nrc.gov/docs/ML1 122/ML1 12280190.pdf

C.13 PLACE OF DELIVERY--REPORTS (AUG 2011)

The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

a. Name: (1 hard copy)Contracting Officer's Representative (COR)Ms. Jacqueline NicholsonHR/HRTD/PDCMail Stop: GW4A18U.S. Nuclear Regulatory Commission

Washington, DC 20555

E-mail: Jackie.. [email protected]

g. Name: (1 hard copy)Contracting Officer (CO)U.S. Nuclear Regulatory CommissionAddress:U.S. Nuclear Regulatory CommissionDiv. of Contracts/RRGMonique B. WilliamsMail Stop: TWB-01-B1OMWashington, DC 20555

E-mail: [email protected]

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C.14 INSPECTION AND ACCEPTANCE BY THE NRC (AUG 2011)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRCContracting Officer's Representative (COR) at the destination, accordance with FAR 52.247-34 - F.o.b.Destination.

C.15 PERIOD OF PERFORMANCE (AUG 2011)

The ordering period for this contract shall commence on April 2, 2012 and will expire on April 1, 2017. The termof this contract may be extended at the option of the Government for an additional four one-year options.

Base Period: 4/2/2012 - 4/1/2013Option Period 1: 4/2/2013 - 4/1/2014Option Year 2: 4/2/2014 - 4/1/2015Option Year 3: 4/2/2015 - 4/1/2016Option Year 4: 4/2/2016 - 4/1/2017

C.16 ELECTRONIC PAYMENT (AUG 2011)

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made byElectronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled "Payment byElectronic Funds- Central Contractor Registration".

To receive payment, the contractor shall prepare invoices in accordance with NRC's Billing Instructions. Claimsshall be submitted on the payee's letterhead, invoice, or on the Government's Standard Form 1034, "Public Voucherfor Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Otherthan Personal - Continuation Sheet." The preferred method of submitting invoices is electronically to the Departmentof the Interior at [email protected]. If the contractor submits a hard copy of the invoice, it shall besubmitted to the following address:

Department of the InteriorNational Business CenterAttn: Fiscal Services Branch - D27707301 West Mansfield AvenueDenver, CO 80235-2230

C.17 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (AUG 2011)

The Contractor shall ensure that all its employees, subcontractor employees or consultants who are assigned toperform the work herein for contract performance for periods of more than 30 calendar days at NRC facilities, areapproved by the NRC for unescorted NRC building access.

The Contractor shall conduct a preliminary federal facilities security screening interview or review for each of itsemployees, subcontractor employees, and consultants and submit to the NRC only the names of candidates forcontract performance that have a reasonable probability of obtaining approval necessary for access to NRC's federalfacilities. The Contractor shall pre-screen its applicants for the following:

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(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of anymilitary courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substancespossession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlledsubstances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7)years.

The Contractor shall make a written record of its pre-screening interview or review (including any informationmitigate the responses to items listed in (a) - (e)), and have the applicant verify the pre-screening record or review,sign and date it. Two (2) copies of the pre-screening signed record or review shall be supplied to the Division ofFacilities and Security, Personnel Security Branch (DFS/PSB) with the Contractor employee's completed buildingaccess application package.

The Contractor shall further ensure that its employees, any subcontractor employees and consultants complete allbuilding access security applications required by this clause within fourteen (14) calendar days of notification byDFS/PSB of initiation of the application process. Timely receipt of properly completed records of the Contractor'ssigned pre-screening record or review and building access security applications (submitted for candidates that have areasonable probability of obtaining the level of access authorization necessary for access to NRC's facilities) is acontract requirement. Failure of the Contractor to comply with this contract administration requirement may be a basisto cancel the award, or terminate the contract for default, or offset from the contract's invoiced cost or price the NRC'sincurred costs or delays as a result of inadequate pre-screening by the Contractor. In the event of cancellation ortermination, the NRC may select another firm for contract award.

A Contractor, subcontractor employee or consultant shall not have access to NRC facilities until he/she is approvedby DFS/PSB. Temporary access may be approved based on a favorable NRC review and discretionary determinationof their building access security forms. Final building access will be approved based on favorably adjudicated checksby the Government. However, temporary access approval will be revoked and the Contractor's employee maysubsequently be denied access in the event the employee's investigation cannot be favorably determined by the NRC.Such employee will not be authorized to work under any NRC contract requiring building access without the approvalof DFS/PSB. When an individual receives final access, the individual will be subject to a review or reinvestigationevery five (5) or ten (10) years, depending on their job responsibilities at the NRC.

The Government shall have and exercise full and complete control and discretion over granting, denying,withholding, or terminating building access approvals for individuals performing work under this contract. Individualsperforming work under this contract at NRC facilities for a period of more than 30 calendar days shall be required tocomplete and submit to the Contractor representative an acceptable OPM Standard Form 85 (Questionnaire for Non-Sensitive Positions), and two (2) FD 258 (Fingerprint Charts). Non-U.S. citizens must provide official documentationto the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card,Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenshipand Immigration Services. Any applicant with less than five (5) years residency in the U.S. will not be approved forbuilding access. The Contractor shall submit the documents to the NRC Contracting Officer's Representative (COR)who will give them to DFS/PSB.

DFS/PSB may, among other things, grant or deny temporary unescorted building access approval to an individualbased upon its review of the information contained in the OPM Standard Form 85 and the Contractor's pre-screeningrecord. Also, in the exercise of its authority, the Government may, among other things, grant or.deny permanentbuilding access approval based on the results of its review or investigation. This submittal requirement also applies tothe officers of the firm who, for any reason, may visit the NRC work sites for an extended period of time during theterm of the contract. In the event that DFS/ PSB are unable to grant a temporary or permanent building accessapproval, to any individual performing work under this contract, the Contractor is responsible for assigning anotherindividual to perform the necessary function without any delay in the contract's performance schedule, or withoutadverse impact to any other terms or conditions of the contract. The Contractor is responsible for informing thoseaffected by this procedure of the required building access approval process (i.e., temporary and permanent

30


determinations), and the possibility that individuals may be required to wait until permanent building access approvalsare granted before beginning work in NRC's buildings.

CANCELLATION OR TERMINATION OF BUILDING ACCESS/ REQUEST

The Contractor shall immediately notify the PO when a Contractor or subcontractor employee or consultant's needfor NRC building access approval is withdrawn or the need by the Contractor employee's for building accessterminates. The PO will immediately notify DFS/PSB (via e-mail) when a Contractor employee no longer requiresbuilding access. The Contractor shall be required to return any NRC issued badges to the Contracting Officer'sRepresentative (COR) for return to DFS/FSB (Facilities Security Branch) within three (3) days after their termination.

C.18 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL IIACCESS APPROVAL (AUG 2011)

The contractor must identify all individuals selected to work under this contract. The NRC Contracting Officer'sRepresentative (COR) shall make the final determination of the level, if any, of IT access approval required for allindividuals working under this contract/order using the following guidance. The Government shall have full andcomplete control and discretion over granting, denying, withholding, or terminating IT access approvals for contractorpersonnel performing work under this contract/order.

The contractor shall conduct a preliminary security interview or review for each employee requiring IT level I or IIaccess and submit to the Government only the names of candidates that have a reasonable probability of obtainingthe level of IT access approval for which the employee has been proposed. The contractor shall pre-screen itsapplicants for the following:

(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of anymilitary courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substancespossession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlledsubstances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7)years.

The contractor shall make a written record of its pre-screening interview or review (including any information tomitigate the responses to items listed in (a) - (e)), and have the employee verify the pre-screening record or review,sign and date it. The contractor shall supply two (2) copies of the signed contractor's pre-screening record or reviewto the NRC Contracting Officer's Representative (COR), who will then provide them to the NRC Office ofAdministration, Division of Facilities and Security, Personnel Security Branch with the employee's completed ITaccess application package.

The contractor shall further ensure that its personnel complete all IT access approval security applications requiredby this clause within fourteen (14) calendar days of notification by the NRC Contracting Officer's Representative(COR) of initiation of the application process. Timely receipt of properly completed records of the pre-screeningrecord and IT access approval applications (submitted for candidates that have a reasonable probability of obtainingthe level of security assurance necessary for access to NRC'*s IT systems/data) is a requirement of this contract/order.Failure of the contractor to comply with this requirement may be a basis to terminate the contract/order for cause, oroffset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the contractor.

SECURITY REQUIREMENTS FOR IT LEVEL I

Performance under this contract/order will involve contractor personnel who perform services requiring direct accessto or operate agency sensitive information technology systems or data (IT Level I). The IT Level I involvesresponsibility for the planning, direction, and implementation of a computer security program; major responsibility for

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the direction, planning, and design of a computer system, including hardware and software; or the capability to accessa computer system during its operation or maintenance in such a way that could cause or that has a relatively high riskof causing grave damage; or the capability to realize a significantpersonal gain from computer access.

Contractor personnel shall not have access to sensitive information technology systems or data until they areapproved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officer's Representative-(COR). Temporary IT access may be approved by DFS/PSB based on a favorable review or adjudication of theirsecurity forms and checks. Final IT access may be approved by DFS/PSB based on a favorably review oradjudication of a completed background investigation. However, temporary access authorization approval will berevoked and the employee may subsequently be denied IT access in the event the employee's investigation cannot befavorably adjudicated. Such an employee will not be authorized to work under any NRC contract/order requiring ITaccess without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC ContractingOfficer's Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, thecontractor shall assign another contractor employee to perform the necessary work under this contract/ order withoutdelay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of thecontract/order. When an individual receives final IT access approval from DFS/PSB, the individual will be subject to areinvestigation every ten (10) years thereafter (assuming continuous performance under contract/order at NRC) ormore frequently in the event of noncontinuous performance under contract/order at NRC.

The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86.(Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two(2) FD 258 fingerprint charts, to the NRC PO who will then provide them to DFS/PSB for review and adjudication, priorto the individual being authorized to perform work under this contract/order requiring access to sensitive informationtechnology systems or data. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of theirlegal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, EmploymentAuthorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Anyapplicant with less than seven (7) years residency in the U.S. will not be approved for IT Level I access. TheContractor shall submit the documents to the NRC Contracting Officer's Representative (COR) who will give them toDFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB reviewof the contractor employee's security forms and/or the receipt of adverse information by NRC, the contractor individualmay be denied access to NRC facilities and sensitive information technology systems or data until a finaldetermination is made by DFS/PSB and thereafter communicated to the contractor by the NRC Contracting Officer'sRepresentative (COR) regarding the contractor person's eligibility.

In accordance with NRCAR. 2052.204-70 "Security," IT Level I contractors shall be subject to the attached NRCForm 187 and SF-86 which furnishes the basis for providing security requirements to contractors that have or mayhave an NRC contractual relationship which requires access to or operation of agency sensitive informationtechnology systems or remote development and/or analysis of sensitive information technology systems or data orother access to such systems and data; access on a continuing basis (in excess more than 30 calendar days) to NRCbuildings; or otherwise requires issuance of an unescorted NRC badge.

SECURITY REQUIREMENTS FOR IT LEVEL II

Performance under this contract/order will involve contractor personnel that develop and/or analyze sensitiveinformation technology systems or data or otherwise have access to such systems or data (IT Level II).

The IT Level II involves responsibility for the planning, design, operation, or maintenance of a computer system andall other computer or IT positions.

Contractor personnel shall not have access to sensitive information technology systems or data until they areapproved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officer's Representative(COR). Temporary access may be approved by DFS/PSB based on a favorable review of their security forms andchecks. Final IT access may be approved by DFS/PSB based on a favorably adjudication. However, temporary

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access authorization approval will be revoked and the contractor employee may subsequently be denied IT access inthe event the employee's investigation cannot be favorably adjudicated. Such an employee will not be authorized towork under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in v,,itingto the contractor by the NRC Contracting Officer's Representative (COR). Where temporary access authorization hasbeen revoked or denied by DFS/PSB, the contractor is responsible for assigning another contractor employee toperform the necessary work under this contract/order without delay to the contract/order performance schedule, orwithout adverse impact to any other terms or conditions of the contract/order. When a contractor employee receivesfinal IT access approval from DFS/PSB, the individual will be subject to a review or reinvestigation every ten (10)years (assuming continuous performance under contract/order at NRC) or more frequently in the event ofnoncontinuous performance under contract/order at NRC.

The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86(Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two(2) FD 258 fingerprint charts, through the NRC Contracting Officer's Representative (COR) to DFS/PSB for review andadjudication, prior to the contractor employee being authorized to perform work under this contract/order. Non-U.S.citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentationcan be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other officialdocumentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) yearsresidency in the U.S. will not be approved for IT Level I1 access. The Contractor shall submit the documents to theNRC Contracting Officer's Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that allforms are accurate, complete, and legible. Based on DFS/ PSB review of the contractor employee's security formsand/or the receipt of adverse information by NRC, the contractor employee may be denied access to NRC facilities,sensitive information technology systems or data until a final determination is made by DFS/PSB regarding thecontractor person's eligibility.

In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to the attached NRCForm 187, SF-86, and contractor's record of the pre-screening which furnishes the basis for providing securityrequirements to contractors that have or may have an NRC contractual relationship which requires access to oroperation of agency sensitive information technology systems or remote development and/or analysis of sensitiveinformation technology systems or data or other access to such systems or data; access on a continuing basis ( inexcess of more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRCbadge.

CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST

When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notify the NRCContracting Officer's Representative (COR) by telephone so that the access review may be promptly discontinued.The notification shall contain the full name of the contractor employee and the date of the request. Telephonenotifications must be promptly confirmed by the contractor in writing to the NRC Contracting Officer's Representative(COR), who will forward the confirmation to DFS/PSB. Additionally, the contractor shall immediately notify the NRCContracting Officer's Representative (COR) in writing, who will in turn notify DFS/PSB, when a contractor employee nolonger requires access to NRC sensitive automated information technology systems or data, including the voluntary orinvoluntary separation of employment of a contractor employee who has been approved for or is being processed forIT access.

The contractor shall flow the requirements of this clause down into all subcontracts and agreements with consultantsfor work that requires them to access NRC IT resources.

C.19 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY (AUG 2011)

(a) The NRC will provide the contractor with the following items for use under this contract:Meeting Facilities;

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1. Desk; and2. Telephone

(b) Only the equipment/property listed above in the quantities shown will be provided by the Government. !ih`,contractor shall be responsible and accountable for all Government property provided under this contract and shallcomply with the provisions of the FAR Government Property Clause under this contract and FAR Subpart 45.5, asin effect on the date of this contract. The contractor shall investigate and provide written notification to the NRCContracting Officer (CO) and the NRC Division of Facilities and Security, Physical Security Branch of all cases ofloss, damage, or destruction of Government property in its possession or control not later than 24 hours afterdiscovery. The contractor must report stolen Government property to the local police and a copy of the policereport must be provided to the CO and to the Division of Facilities and Security, Office of Administration.

(d) All other equipment/property required in performance of the contract shall be furnished by the Contractor.

C.20 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS (AUG 2011)

Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FARSubpart 42.15, "Contractor Performance Information," normally at or near the time the contractor is notified of theNRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annualevaluation will be prepared (state time for annual evaluation). Final evaluations of contractor performance will beprepared at the expiration of the contract during the contract closeout process.

The Contracting Officer will transmit the NRC Contracting Officer's Representative's (COR) annual and finalcontractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor.The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, oradditional information.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officerwill consider such evaluation final and releasable for source selection purposes. Disagreements between the partiesregarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whosedecision will be final.

The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information",to the contractor's Project Manager for their records as soon as practicable after it has been finalized. The completedevaluation report also will be used as a tool to improve communications between the NRC and the contractor and toimprove contract performance.

The completed annual performance evaluation will be used to support future award decisions in accordance withFAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information,the completed annual performance evaluation will be released to only two parties - the Federal government personnelperforming the source selection evaluation and the contractor under evaluation if the contractor does not have a copyof the report already.

C.21 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (AUG 2011)

NRC contractors are responsible to ensure that their alien personnel are not in violation of United States immigrationlaws and regulations, including employment authorization documents and visa requirements. Each alien employee ofthe Contractor must be lawfully admitted for permanent residence as evidenced by Permanent Resident Form 1-551(Green Card), or must present other evidence from the U.S. Department of Homeland Security/U.S. Citizenship andImmigration Services that employment will not affect his/her immigration status. The U.S. Citizenship and Immigration

34


Services provides information to contractors to help them understand the employment eligibility verification process fornon-US citizens. This information can be found on their website, http://www.uscis.gov/ portal/site/uscis.

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

C.22 SAFETY OF ON-SITE CONTRACTOR PERSONNEL (AUG 2011)

Ensuring the safety of occupants of Federal buildings is a responsibility shared by the professionals implementingour security and safety programs and the persons being protected. The NRC's Office of Administration (ADM)Division of Facilities and Security (DFS) has coordinated an Occupant Emergency Plan (OEP) for NRC Headquartersbuildings with local authorities. The OEP has been approved by the Montgomery County Fire and Rescue Service. Itis designed to improve building occupants' chances of survival, minimize damage to property, and promptly accountfor building occupants when necessary.

The contractor's Project Director shall ensure that all personnel working full time on-site at NRC Headquarters readthe NRC's OEP, provided electronically on the NRC Intranet at http://www.internal.nrc.gov/ADM/OEP.pdf. Thecontractor's Project Director also shall emphasize to each staff member that they are to be familiar with and guided bythe" OEP, as well as by instructions given by emergency response personnel in situations which pose an immediatehealth or safety threat to building occupants.

The NRC Contracting Officer's Representative (COR) shall ensure that the contractor's Project Director hascommunicated the requirement for on-site contractor staff to follow the guidance in the OEP. The NRC ContractingOfficer's Representative (COR) also will assist in accounting for on-site contract persons in the event of a majoremergency (e.g., explosion occurs and casualties or injuries are suspected) during which a full evacuation will berequired, including the assembly and accountability of occupants. The NRC DFS will conduct drills periodically to trainoccupants and assess these procedures.

C.23 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORT(S) OR THE.PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS (AUG 2011)

Review and Approval of Reports

(a) Reporting Requirements. The contractor/grantee shall comply with the terms and conditions of the contract/grantregarding the contents of the draft and final report, summaries, data, and related documents, to include correcting,deleting, editing, revising, modifying, formatting, and supplementing any of the information contained therein, at noadditional cost to the NRC. Performance under the contract/grant will not be deemed accepted or completed until itcomplies with the NRC's directions. The reports, summaries, data, and related documents will be considered draft untilapproved by the NRC. The contractor/ grantee agrees that the direction, determinations, and decisions on approval ordisapproval of reports, summaries, data, and related documents created under this contract/grant remain solely withinthe discretion of the NRC.

(b) Publication of Results. Prior to any dissemination, display, publication, or release of articles, reports, summaries,data, or related documents developed under the contract/grant, the contractor/grantee shall submit them to the NRCfor review and approval. The contractor/ grantee shall not release, disseminate, display or publish articles, reports,summaries, data, and related documents, or the contents therein, that have not been reviewed and approved by theNRC for release, display, dissemination or publication..The contractor/grantee agrees to conspicuously place anydisclaimers, markings or notices, directed by the NRC, on any articles, reports, summaries, data, and relateddocuments that the contractor/grantee intends to release, display, disseminate or publish to other persons, the public,

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or any other entities. The contractor/grantee agrees, and grants, a royalty-free, nonexclusive, irrevocable worldwidelicense to the government, to use, reproduce, modify, distribute, prepare derivative works, release, display or disclosethe articles, reports, summaries, data, and related documents developed under the contract/grant, for anygovernmental purpose and to have or authorize others to do so.

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

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

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

C.24 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOREMPLOYEES (AUG 2011)

(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to theWhistleblower Employee Protection public law provisions as codified at 42 U.S.C. 5851. NRC contractor(s) andsubcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and theimplementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures onHandling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures andthe requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24 entitled: "Your RightsUnder the Energy Reorganization Act".

(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor andsubcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or otheremployment discrimination practices with respect to compensation, terms, conditions or privileges of their employmentbecause'the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage inunlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic EnergyAct of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).

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

36

NRC-HQ.-12-C-38-0054 Section C

C.25 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS (AUG 2,3'.i)

Prior to occupying any government provided space at NRC HQs in Rockville Maryland, the Contractor shall obtainwritten authorization to occupy specifically designated government space, via the NRC Contracting Officer'sRepresentative (COR), from the Chief, Space Design Branch, ADSPC. Failure to obtain this prior authorization :;anresult in one, or a combination, of the following remedies as deemed appropriate by the Contracting Officer.

(1) Rental charge for the space occupied will be deducted from the invoice amount due the Contractor

(2) Removal from the space occupied

(3) Contract Termination

C.26 CONTRACTOR RESPONSIBILITY FOR PROTECTING PERSONALLY IDENTIFIABLEINFORMATION (PII) (AUG 2011)

In accordance with the Office of Management and Budget's guidance to Federal agencies and the NuclearRegulatory Commission's (NRC) implementing policy and procedures, a contractor (including subcontractors andcontractor employees), who performs work on behalf of the NRC, is responsible for protecting, from unauthorizedaccess or disclosure, personally identifiable information (PlI) that may be provided, developed, maintained, collected,used, or disseminated, whether in paper, electronic, or other format, during performance of this contract.

A contractor who has access to NRC owned or controlled Pl, whether provided to the contractor by the NRC ordeveloped, maintained, collected, used, or disseminated by the contractor during the course of contract performance,must comply with the following requirements:

(1) General. In addition to implementing the specific requirements set forth in this clause, the contractor mustadhere to all other applicable NRC guidance, policy and requirements for the handling and protection of NRC ownedor controlled P11. The contractor is responsible for making sure that it has an adequate understanding of suchguidance, policy and requirements.

(2) Use, Ownership, and Nondisclosure. A contractor may use NRC owned or controlled PII solely for purposes ofthis contract, and may not collect or use such PII for any purpose outside the contract without the prior writtenapproval of the NRC Contracting Officer. The contractor must restrict access to such information to only thosecontractor employees who need the information to perform work under this contract, and must ensure that each suchcontractor employee (including subcontractors' employees) signs a nondisclosure agreement, in a form suitable to theNRC Contracting Officer, prior to being granted access to the information. The NRC retains sole ownership and rightsto its P11. Unless the contract states otherwise, upon completion of the contract, the contractor must turn over all P11 inits possession to the NRC, and must certify in writing that it has not retained any NRC owned or controlled P1I exceptas otherwise authorized in writing by the NRC Contracting Officer.

(3) Security Plan. When applicable, and unless waived in writing by the NRC Contracting Officer, the contractormust work with the NRC to develop and implement a security plan setting forth adequate procedures for the protectionof NRC owned or controlled PIH as well as the procedures which the contractor must follow for notifying the NRC in theevent of any securitybreach. The plan will be incorporated into the contract and must be implemented and followed bythe contractor once it has been approved by the NRC Contracting Officer. If the contract does not include a securityplan at the time of contract award, a plan must be submitted for the approval of the NRC Contracting Officer within 30days after contract award.

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(4) Breach Notification. The contractor must immediately notify the NRC Contracting Officer and the NRCContracting Officer's Representative (COR) upon discovery of any suspected or confirmed breach in the security ofNRC owned or controlled PII.

(5) Legal Demands for Information. If a legal demand is made for NRC owned or controlled PH (such as bysubpoena), the contractor must immediately notify the NRC Contracting Officer and the NRC Contracting Officer'sRepresentative (COR). After notification, the NRC will determine whether and to what extent to comply with the legaldemand. The Contracting Officer will then notify the contractor in writing of the determination and such notice willindicate the extent of disclosure authorized, if any. The contractor may only release the information specificallydemanded with the written permission of the NRC Contracting Officer.

(6) Audits. The NRC may audit the contractor's compliance with the requirements of this clause, including throughthe use of online compliance software.

(7) Flow-down. The prime contractor will flow this clause down to subcontractors that would be covered by anyportion of this clause, as if they were the prime contractor.

(8) Remedies:

(a) The contractor is responsible for implementing and maintaining adequate security controls to prevent the lossof control or unauthorized disclosure of NRC owned or controlled PHI in its possession. Furthermore, the contractor isresponsible for reporting any known or suspected loss of control or unauthorized access to PHI to the NRC inaccordance with the provisions set forth in Article 4 above.

(b) Should the contractor fail to meet its responsibilities under this clause, the NRC reserves the right to takeappropriate steps to mitigate the contractor's violation of this clause. This may include, at the sole discretion of theNRC, termination of the subject contract.

(9) Indemnification. Notwithstanding any other remedies available to the NRC, the contractor will indemnify theNRC against all liability (including costs and fees) for any damages.arising out of violations of this clause.

C.27 RECORDS MANAGEMENT (AUG 2011)

1. Definitions. As used in this clause-

"Alienation" means the unauthorized removal of Federal records from the care and control of the Government.

"Disposition" means actions taken regarding Federal records after they are no longer needed to conduct currentAgency business; in other words, either the destruction or transfer of the records by the Contractor under the writtendirection of the Contracting Officer.

"Records" means books, papers, maps, photographs, machine readable materials, emails, web/portal documents,backup data used to create deliverables, or other documentary or electronic materials, regardless of physical form orcharacteristics, made or received by an agency of the United States Government under Federal Law in connectionwith a government contract and preserved or appropriate for preservation by that agency as evidence of theorganization, functions, policies, decisions, procedures, operations, or other activities of the Government or becauseof their informational value.

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"Records management" means the planning, controlling, directing, organizing, training, and other managerialactivities involved with respect to records creation, records maintenance and use, and records disposition in order toachieve adequate and proper documentation of all activities performed under the contract.

"Records management system" means a manual or automated system in which records are collected, organized,and categorized to facilitate preservation, retrieval, use, and disposition.

2. All records and data created or received while performing work on behalf of NRC are Federal records subject tothe provisions of 44 U.S.C. Chapters 21, 29, 31, and 33, C.F.R. Parts 1222 and 1224, and must be managed anddisposed of accordingly. Ownership of the records resides with the NRC, which will provide instructions regardingcreation, management, and access to the records. These records are also subject to the requirements set forth in theFreedom of Information Act (5 U.S.C. 552) and Privacy Act (5 U.S.C. 552a). Records not covered by this clause are:

a. Employment-related records except for those records subject to the requirements of the Privacy Act (5 U.S.C.552a);

b. Confidential contractor financial information; and

c. Legal records covered by the attorney-client and attorney work product privileges

3. Throughout the period of performance of the contract, the Contractor shall implement a records managementsystem that collects, organizes, and categorizes Federal records to facilitate their preservation, retrieval, use anddisposition.

4. Records created under this contract should be complete and accurate to the extent required to document theessential transactions and activities undertaken in the performance of the contract.

5. Upon request, the Contractor shall, as directed by the Contracting Officer, make records available to authorizedindividuals for inspection, copying, and audit.

6. Protection and Disposal of Records-

a. Records should be protected in accordance with applicable Federal laws, as appropriate. Inactive hardcopyrecords should be stored in designated storage area units in accordance with the standards specified in 36 CFR Part1234;

b. Records are not to be alienated or destroyed except in accordance with all applicable Federal laws andregulations and will be subject to the penalties provided by law for the unlawful removal or destruction of records;

c. The Contractor shall preserve records generated in performance of work under a contract until disposal isauthorized in writing by the NRC Contracting Officer, or they are delivered to NRC upon completion or termination ofthe contract.

d. The Contractor shall document the destruction of temporary records and any transfer of records to the NRC.

C.28 GREEN PURCHASING (JUN 2011)

(a) In furtherance of the sustainable acquisition goals of Executive Order 13514, "Federal Leadership inEnvironmental, Energy, and Economic Performance" products and services provided under this contract/order shall beenergy- efficient (Energy Star or Federal Energy Management Program (FEMP) designated), water-efficient,biobased, environmentally preferable (e.g., Electronic Product Environmental Assessment Tool (EPEAT) certified),

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non-ozone depleting, contain recycled content, or are non-toxic or less toxic alternatives, where such products andservices meet agency performance requirements. http://www.fedcenter.gov/programs/eo13514/

(b) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performanceof this contract/order.

C.29 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCEADDRESS (AUG 2011)

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

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NRC-HQ-12-C-38-0054 Section D

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

1. Billing Instructions - Firm Fixed Price2. Billing Instructions - Cost Reimbursement3. NRC Form 187 - Contract Security Form

NRC-HQ-,12-C-38-0054 Section D

BILLING INSTRUCTIONS FORFIXED-PRICE TYPE CONTRACTS (JULY 2011)

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

The contractor shall prepare invoices/vouchers for payment of deliverables identified in the contract, in the mannerdescribed herein. FAILURE TO SUBMIT INVOICESNOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONSMAY RESULT IN REJECTION OF THE INVOICE/VOUCHER AS IMPROPER.

Standard Forms: Payment requests for completed work, in accordance with the contract, shall be submitted on thepayee's letterhead, invoice/voucher, or on the Government's Standard Form 1034, "Public Voucher for Purchases andServices Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet."

Electronic InvoiceNoucher Submissions: The preferred method of submitting invoices/vouchers is electronically tothe U.S. Department of the Interior's National Business Center, via email to: NRCPayments [email protected].

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


Purchase of Capital Property: ($50, 000 or more with life of one year or longer)

Contractors must report to the Contracting Officer, electronically, any capital property acquired with contract fundshaving an initial cost of $50,000 or more, in accordance with procedures set forth in NRC Management Directive (MD)13. 1, IV, C- "Reporting Requirements" (revised 2/16/2011).

Agency Payment Office: Payment will continue to be made by the office designated in the contract in Block 12 ofStandard Form 26, Block 25 of Standard Form 33, or Block 18a of Standard Form 1449, whichever is applicable.

Frequency: The contractor shall submit invoices/vouchers for payment once each month, unless otherwiseauthorized by the Contracting Officer.

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

Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task order withpricing information. This includes items discussed in paragraphs (a) through (p) of the attached instructions. Inaddition, the invoice/voucher must specify the contract number, and the NRC-assigned task/delivery order number.

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


Currency: Invoices/Vouchers must be expressed in U.S. Dollars.

Supersession: These instructions supersede previous Billing Instructions for Fixed-Price Type Contracts (June 2008).


INVOICE/VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL(SAMPLE FORMAT - COVER SHEET)

1. Official Agency Billing Office


2. Invoice/Voucher Information

a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's Data Universal Number (DUNS) orDUNS+4 number that identifies the Payee's name and address. The DUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative Electronic Funds Transfer(EFT) accounts for the same parent concern.

b. Payee's Name and Address. Show the name of the Payee as it appears in the contract and its correct address.Where the Payee is authorized to assign the proceeds of this contract in accordance with the clause at FAR 52.232-23, the Payee shall require as a condition of any such assignment, that the assignee shall register separately in theCentral Contractor Registration (CCR) database at http://www.ccr.gov and shall be paid by EFT in accordance withthe terms of this contract. See Federal Acquisition Regulation 52.232-33(g) Payment by Electronic Funds Transfer -Central Contractor Registration (October 2003).

c. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSA FederalSupply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple Agency Contract (MAC)number, as applicable.

d. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than one taskorder per invoice or the invoice may be rejected as improper.

e. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginning with 001 should bedesignated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3-digitsequential number.

f. Date of InvoiceNoucher. Insert the date the invoice/voucher is prepared.

g. Billing Period. Insert the beginning and ending dates (day, month, year) of the period during which deliverableswere completed and for which payment is requested.

h. Description of Deliverables. Provide a brief description of supplies or services, quantity, unit price, and total price.

NRC-HQ-.12-C-38-0054 Section D

i. Work Completed. Provide a general summary description of the services performed or products submitted for theinvoice period and specify the section or Contract Line Item Number (CLIN) or SubCLIN in the contract pertaining tothe specified contract deliverable(s).

j. Shipping. Insert weight and zone of shipment, if shipped by parcel post.

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

I. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.

m. For Indefinite Delivery contracts, the final invoice/voucher shall be marked FINAL INVOICE" or "FINALVOUCHER".

n. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.

o. Adiustments. Insert columns for any adjustments, including outstanding suspensions for deficient or defectiveproducts or nonconforming services, for the current and cumulative periods.

p. Grand Totals.

NRC-HQ..12-C-38-0054 Section D

BILLING INSTRUCTIONS FORLABOR HOUR/TIME AND MATERIALS TYPE CONTRACTS (JULY 2011)

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

The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner and format described herein.FAILURE TO SUBMIT INVOICES/VOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS WILL RESULT INREJECTION OF THE INVOICE/VOUCHER AS IMPROPER.

Standard Forms: Claims shall be submitted on the payee's letterhead, invoice/voucher, or on the Government'sStandard Form 1034, "Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035,"Public Voucher for Purchases Other than Personal--Continuation Sheet."

Electronic Invoice/Voucher Submissions: The preferred method of submitting vouchers/invoices is electronically tothe U.S. Department of the Interior's National Business Center, via email to: NRCPayments NBCDenvera NBC.,ov.

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


Purchase of Capital Property: ($50, 000 or more with life of one year or longer)

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

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

Frequency: The contractor shall submit claims for reimbursement once each month, unless otherwise authorized bythe Contracting Officer.

Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sample form entitled"Invoice/Voucher for Purchases and Services Other Than Personal". Alternate formats are permissible only if theyaddress all requirements of the Billing Instructions. The instructions for preparation and itemization of theinvoice/voucher are included with the sample form.

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


Billing of Costs after Expiration of Contract: If costs are incurred during the contract period and claimed after thecontract has expired, you must cite the period during which these costs were incurred. To be considered a properexpiration invoice/voucher, the contractor shall clearly mark it "EXPIRATION INVOICE" or "EXPIRATION VOU2'IER".

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

Currency: Invoices/Vouchers must be expressed in U.S. Dollars.

Supersession: These instructions supersede previous Billing Instructions for Labor Hour/Time and Materials TypeContracts (June 2008).

NRC-HQ.-12-C-38-0054 Section D

INVOICE/VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL(SAMPLE FORMAT - COVER SHEET)

1. Official Agency Billing Office


2. Invoice/Voucher Information

a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's Data Universal Number (DUNS) orDUNS+4 number that identifies the Payee's name and address. The DUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative Electronic Funds Transfer(EFT) accounts for the same parent concern.

b. Payee's Name and Address. Show the name of the Payee as it appears in the contract and its correct address. Ifthe Payee assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, thePayee shall require as a condition of any such assignment, that the assignee shall register separately in the CentralContractor Registration (CCR) database at http://www.ccr.gov and shall be paid by EFT in accordance with the termsof this contract. See Federal Acquisition Regulation 52.232-33(g) Payment by Electronic Funds Transfer - CentralContractor Registration (October 2003).

c. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSA FederalSupply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple Agency Contract (MAC)number, as applicable.

d. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than one taskorder per invoice or the invoice may be rejected as improper.

e. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginning with 001 should bedesignated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3-digitsequential number.

f. Date of Invoice/Voucher. Insert the date the invoice/voucher is prepared.

g. Billingq period. Insert the beginning and ending dates (day, month, year) of the period during which costs wereincurred and for which reimbursement is requested.


h. Labor Hours Expended. Provide a general summary description of the services performed and associated laborhours utilized during the invoice period. Specify the Contract Line Item Number (CLIN) or SubCLIN, as applicable,and information pertaining to the contract's labor categories/positions, and corresponding authorized hours.

i. Property. For contractor acquired property, list each item with an initial acquisition cost of $50,000 or more andprovide: (1) an item description, (2) manufacturer, (3) model number,(4) serial number, (5) acquisition cost, (6) date of purchase, and (7) a copy of the purchasing document.

j. Shipping. Insert weight and zone of shipment, if shipped by parcel post.

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

I. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.

m. For Indefinite Delivery contracts, the final invoice/voucher shall be marked "FINAL INVOICE" or "FINALVOUCHER".

n. Direct Costs. Insert the amount billed for the following cost elements, adjustments, suspensions, and totalamounts, for both the current billing period and for the cumulative period (from contract inception to end date of thisbilling period).

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

Labor Hours Burdened CumulativeCategory Billed Hourly Rate Total Hours Billed

(2) Contractor-acquired property ($50,000 or more). List each item costing $50,000 or more and having alife expectancy of more than one year. List only those items of equipment for which reimbursement isrequested. For each such item, list the following (as applicable): (a) an item description, (b) manufacturer, (c)model number, (d) serial number, (e) acquisition cost, (f) date of purchase, and (g) a copy of the purchasingdocument.

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

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

(5) Consultant Fee. The supporting information must include thename, hourly or daily rate of the

consultant, and reference the NRC approval (if not specifically approved in the original contract).

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

Start Date Destination CostsFrom To From To $

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

NRC-HQ-,12-C-38-0054 Section D

(7) Subcontracts. Include separate detailed breakdown of all costs paid to approved subcontractors ,Ji-ingthe billing period.

o. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.

p. Adiustments. Insert columns for any adjustments, including outstanding suspensions for unsupported orunauthorized hours or costs, for the current and cumulative periods.

q. Grand Totals.


3. Sample Invoice/Voucher Information

Sample Invoice/Voucher Information (Supporting Documentation must be attached)

This invoice/voucher represents reimbursable costs for the billing period from through

Amount BilledCurrent Period Cumulative (a) Direct Costs

(1) Direct burdened labor $ $(2) Government property ($50,000 or more) $ $(3) Government property, Materials, and

Supplies (under $50,000 per item) $ $(4) Materials Handling Fee $ $(5) Consultants Fee $ $(6) Travel $ $(7) Subcontracts $ $

Total Direct Costs: $ $

(b) Total Amount Billed $ $

(c) Adjustments (+/-) $ $

(d) Grand Total $ $

(The invoice/voucher format provided above must include information similar to that included below in the following toensure accuracy and completeness.)

SAMPLE SUPPORTING INFORMATION

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

Cost Elements:

1) Direct Burdened Labor - $4,800Labor

Hours Burdened CumulativeCategory Billed Rate Total Hours BilledSenior Engineer I 100 $28.00 $2,800 975Engineer 50 $20.00 $1,000 465Computer Analyst 100 $10.00 $1000 320

$4,800 1,760 hrs.Burdened labor rates must come directly from the contract.

2) Government-furnished and contractor-acquired property ($50,000 or more) - $60,000

Prototype Spectrometer - item number 1000-01 = $60,000

3) Government-furnished and contractor-acquired property (under $50,000), Materials, andSupplies - $2,000

10 Radon tubes @ $110.00 $1,100


6 Pairs Electrostatic gloves @ $150.00

4) Materials Handling Fee - $40

= $ 900$2,000

(2% of $2,000 in item #3)

5) Consultants' Fee - $100

Dr. Carney - 1 hour fully-burdened @ $100 = $100

6) Travel - $2,640

(0) Airfare: (2 Roundtrip trips for 1 person @ $300 per r/t ticket)

Start Date4/1/20117/1/2011

End Date4/7/20117/8/2011

Days From7 Philadelphia, PA8 Philadelphia, PA

ToWash, D.C.Wash, D.C.

Cost$300$300

(ii) Per Diem: $136/day x 15 days = 32,040

7) Subcontracting - $30,000

Company ACompany B

= $10,000= $20,000

$30,000

(EX: Subcontracts for Companies A & B were consented to by the Contracting Officer by letter dated6/15/2011.)

Total Amount BilledAdjustments (+/-)Grand Total

$99,580- 0$99,580

4. Definitions

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

contract no. nrc-hq-12-c-38-0054. · np00-hsq-12-c-38-0054 _ r04-02-207142 7. for solicttation...

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