delivery order no. nrc-dr-33-09-318.skytel shall provide the u.s. nuclear regulatory commission with...

SOLICITATIONICONTRACTIORDER FOR COMMERCIAL ITEMS 1. REQUISITION NO. PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12,17, 23, 24, & 30 OIS-09-318 14

2. CONTRACT NO. 3. AWARDIEFFECTIVE DATE ORDER NO. S. SOLCITATION NUMBER 6. SOLCITATION ISSUE DATE

JUN3 02009 c-,,,_9_-_-_3--18

7 OFOR SOLICITATION : S NAME b. TELEPHONE NO. (No Collect Cals) 8 OFFER DUE DATE/LOCAL

INFORMATION CALL: TIME

B. ISSUED BY

U.S. Nuclear Regulatory CommissionDiv. of ContractsAttn: Aaron AlvaradoMail Stop: TWB-0l-BlOMWashington, DC 20555

CODE 13100 10. THIS ACQUISITION IS

Z UNRESTRICTED OR

NAICS: 517210SIZE STANDARD:

I. 50 FNPTp.OY.FRpq

SET ASIDE: % FOR:

0i SMALL BUSINESS U EMERGING SMALLBUSINESS

HUSZONE SMALLBUSINESS

L]~ ERVICE-DISA5LED V-TERAN.DE(A)WNED SMALL BUSNESS

11. DELIVERY FOR FOB DESTINA- 1 DISCOUNT TERMS .13b. RATNGTION UNLESS BLOCK IS D 13a. THIS CONTRACT IS A N/AMARKED RATED ORDER IFNDER

E SEE SCHEDULE DPAS (15 CFR 700) 14 METHOD OF SOICITATION

__________________0 RF IFB__E RFP15. DELIVER TO CODE 16. ADMINISTERED BY CODE ý3100

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommissionAttn: Robert Miller 7Div. of Contracts

Mail Stop: TWB-01-BIOM

Washington DC 20555 I Washington, DC 20555

17a.CONTRACTOR/OFFEROR CODE D&B:7950060921 FACILITYCODEI I180. PAYMENT WILL BE MADE BY COOE 3100

SKYTELSKYTEL GOVERNMENT Department of Interior / NBC... GV.ENNRCPaymentasnbc .gov

Attn: Fiscal Services Branch - D2770

611 PENNSYLVANIA AVE SE 343 7301 N. Mansfield AvenueDenver CO 80235-2230

WASHINGTON DC 200034303TELEPHONE NO.

18b, SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDD__ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFF-ER D E[ DDNUSEEADDENDUM

is. 20. See CONTINUATION Page 21. 22. 23, 24.ITEM NO. SCHEDULE OF SUPPUESSERVICES QUANTITY UNIT1 UNIT PRICE AMOUNT

Skytel shall provide the U.S. Nuclear Regulatory Commissionwith 'Access Svpport Services for NRC-Owned Pagers" inaccordance witli the Statement of Work, price schedule, andterms and conditions of this IDIQ requirements contract.

Period of Performance:5-month Base period - 07/01/2009 through 11/30/2009option Period 1 - 12/01/2009 through 11/30/2010Option Period 1 - 12/01/2010 through 11/30/2011Option Period 1 - 12/01/2011 through 11/30/2012

NRC Project Officer! Robert Miller (301)415-8053robert. milleronrc .gov

Skytel POC: Firosey Andre' Hewitt (888)892-6387firosey.hewittAoskytel.com

(Use Reverse Wa/oer Attach Addional Sheets as Necessety)

25. ACCOUNTING AND APPROPRIATION DATA 25. TOTAL AWARD AMOUNT (For Govt Use Only)B&R: 910-15-5E1-334 JC, J1053 BOC; 2360 APPN: 31X0200.910OBLIGATE: $12,152.95 FES: 10970650 $12,182.95

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52212-1, 52212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACIHED. ADDENDA ARE L ARE NOT ATTACHED.

T 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 522112-4. FAR 52.212-5 IS ATTACHED. ADDENDA 51 ARE . ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 3COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ANDDELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANYADDITIONAL SHEETS ZUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

L 29. AWARD OF CONTRACT: REF, OFFERDATED _ YOUR OFFER ON SOLICITAT1ON(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARESET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

JOR SOF5"MER19/SICYTURE OF CONTRACTING OFFICER)

J

R (TYPE OR PRINT) 31c. DATE SIGNED

6 /3k') /o cyEficer- , • l--•,.I /

AUTTO-RZED FOFILOCAL REPRODIIPREVIOUS EDITION IS NOT USABLE

.EMPtAT~ SBUNS! REVIEW COMPLETE

STANDARD FORM 1449 (REV'3I2I05)(PFrescred byGSA.FAR(48CPR)53,212

STATEMENT OF WORK

1. Background

The United States Nuclear Regulatory Commission (NRC)'s mission necessitates sustaining an emergencyposture responsive to incidents and conditions for the protection of public health and safety. The NRC'sresponse to incidents is predicated on the capability to communicate and distribute information in a timely

,manner, both during normal day to day operations and during critical periods.

2. Objective

Provide paging services for approximately 139 NRC owned wireless pagers and the flexibility to rapidlyimplement additional emerging wireless services and equipment should the occasion arise.

3. Requirements

a) NRC-owned Wireless Pager Inventory

The NRC has a mixture of devices and service plan requirements. The following is a listing of existingservices provided by Skytel Corporation:

1. SkyWord Plus Msg/TIk Bundle w/Reply 92. Motorola SkyPager Nationwide 1183. Motorola SkyPager Local 44. External 1-way 15. 2-way Nationwide 7

b) The NRC requires wireless pager coverage throughout the metropolitan Washington, D.C. area and thecontinental United States. This requirement is for paging services for those users who are based in theNRC Headquarters' area in the Washington, D.C. area, but with nationwide coverage. The NRCrequires Personal Access Services and special services as follows for its pagers:

" SkyWord Plus Msg, shall provide Sky Relay Features* SkyWord shall provide for SkyTalk 120 minutes per month• 2-way Nationwide shall provide Alpha operator dispatch and Government 2-way personal 800 number

service

c) Required Features

1. SkyPagera. Basic numeric pagingb. Service plans measured by call per month

2. SkyWord/PLUSa. Receive and Reply functionsb. Alphanumericc. Store and Deliver

3. Air Timea. The vendor shall provide access (air time) for wireless pagers throughout the metropolitan

Washington, .DC. area and the continental United States. The charge for air time shallbegin at 12:01 AM on the effective date of the purchase order and shall continue until 12:00midnight on the expiration date of the purchase order at the rate established by thecontract/schedule.

b. The vendor shall provide a wide array of one-way and two-way paging options.

d) Purchase of Additional Equipment and Services

1. The vendor shall allow the NRC to purchase equipment and services via approval from the NRC'sContracting Officer.

2. The vendor will allow the NRC the ability to take advantage of local promotions and pricing..3. The vendor will deliver additional equipment and service within five (5) business days of receiving a

request from the NRC Division of Contracts.

PRICE SCHEDULE

FIXED-UNIT PRICES FOR PAGER SERVICESFI~EXED UNIT -

~CLIN I WPLYISERýVACE nionmth)SkyWord Plus MsgiTlk Bundle

001 w/Reply (charged monthly) $ 21.27Motorola SkyPager Nationwide

002 (charged monthly) $ 17.37Motorola SkyPager Local

003 (charged monthly) $ 6.51

004 External 1-way (charged monthly) $ 35.5512-way Nationwide (charged

005 monthly) $ 19.13TOTAL',MONTHLiCARGE~ $ 99.83

Quantities are subject to change from the base period to each option period (if exercised). Should the quantityincrease or decrease, the above fixed unit prices shall not change throughout the life of the contract. Theestimated quantities for the base period are provided below.

-!Lesy AInril L.h V / I W i I /I "I l l

001 Iw/Reply (charged monthly) $ 21.27 9 5 $ 957.15Motorola SkyPager Nationwide

002 (charged monthly) $ 17.37 118 5 $10,248.30Motorola SkyPager Local

003 (charged monthly) $ 6.51 4 5 $ 130.20

004 External 1-way (charged monthly) $ 35.55 1 5 $ 177.752-way Nationwide (charged

005 monthly) $ 19.13 7 5 $ 669.557TOTAL EST. COST $12,182.95L

If an option to extend the term of the contract is exercised, the modification will include a revised schedule forestimated quantities for that option period. The following tables represent maximum ordering amounts for theoption years. The Government reserves the right to order any quantity up to the maximum ordering amountstated on each table.

6KyyWord Flus Msg/ I 1K Bunaie001 w/Reply (charged monthly) $ 21.27 9 12 $ 2,297.16

Motorola SkyPager Nationwide002 (charged monthly) $ 17.37 118 12 $24,595.92

Motorola SkyPager Local003- (charged monthly) $ 6.51 4 12 $ 312.48


005 monthly) $ 19.13 7 12 $ 1,606.92MAXIM U RD ING A•OQUN $ 29,239.08

ESTIMATED QUANTITY FOR OPTION PERIOD 2 (*if exercised

LI~N SW PPLY/SfRVICE. ,m ~ nth) QTY MONTHIiSý TOTAL ~SkyWord Plus Msg/TIk Bundle

001 w/Reply (charged monthly) $ 21.27 9 12 $ 2,297.16Motorola SkyPager Nationwide

002 (charged monthly) $ 17.37 118 12 $24,595.92Motorola SkyPager Local

003 (charged monthly) $ 6.51 4 12 $ 312.48


005 monthly) $ 19.13 7 12 $ 1,606.92~MAXIWM ORERI, AMO NT $ 29,239.08

ESTIMATED QUANTITY FOR OPTION PERIOD 3 (*f exercised

2~PRICE (per ~ 2

~CLIN < S PLY/SEJRVICE -month) 2 QTY. MOTHSrI TOTAL? :

SkyWord Plus Msg/Tlk Bundle001 w/Reply (charged monthly) $ 21.27 9 12 $ 2,297.16

Motorola SkyPager Nationwide002 (charged monthly) $ 17.37 118 12 $24,595.92

Motorola SkyPager Local003 (charged monthly) $ 6.51 4 12 $ 312.48


005 monthly) $ 19.13 7 12 $ 1,606.92k0XIMOUM0RDERING.AMOUNT $29,239.08

ADDITIONAL SIMPLIFIED ACQUISITION TERMS AND CONDITIONS

A.2 PERIOD OF PERFORMANCE

The period of performance of this contract shall be from July 1, 2009 through November 30, 2009. Shouldthe period of performance be extended by exercising option periods, the contract will be extended through thefollowing dates.

OPTION PERIOD 1: December 1, 2009 through November 30, 2010OPTION PERIOD 2: December 1, 2010 through November 30, 2011OPTION PERIOD 3: December 1,2011 through November 30, 2012

A.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989) ALTERNATE 1 (JUN1991)

(a) The Maximum Ordering Limitation (MOL) for products and services ordered, delivered and acceptedunder this contract is $12,182.95. The Contracting Officermay place orders with the contractor during thecontract period provided the aggregate amount of such orders does not exceed the MOL.

A.4 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 weregiven in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of aclause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far

A.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTESOR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2009)

(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 toacquisitions of commercial items:

(1) 52.222-50, Combatting 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 hasindicated as being incorporated in this contract by reference to implement provisions of law or Executive ordersapplicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(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(MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery andReinvestment Act of 2009.)

[] (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (MAR 2009) (Pub. L.

111-5).

[ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

[ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005)(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[0 (7) [Reserved]

[D (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[J (ii) Alternate I (Oct 1995) of 52.219-6.

[] (iii) Alternate II (Mar 2004) of 52.219-6.

[] (9)(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.

[] (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

[] (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (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.

[] (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

[] (13) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

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

[0 (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status andReporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[3 (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

[X] (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C632(a)(2)).

[X] (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

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

[X] (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, andOther Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

[X] (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

[X] (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, andOther Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

S[] (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)(E.O. 13201).

[] (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicableto the acquisition of commercially available off-the-shelf items or certain other types of commercial items asprescribed in 22.1803.)

[] (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelfitems.)

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

[1 (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal ComputerProducts (DEC 2007) (E.O. 13423).

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

[] (31) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[] (32)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (FEB 2009) (41 U.S.C.1Oa-1Od, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

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

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

[] (33) 52.225-5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, andstatutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42U.S.C. 5150).

[] (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10U.S.C. 2307(f)).

fl (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.2307(f)).

[X] (39) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31U.S.C. 3332).

[] (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May1999) (31 U.S.C. 3332).

0] (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

[] (42) 52.239-1,ýPrivacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

f (43)(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).

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

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

f (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 41U.S.C. 351, et seq.).

Employee Class Monetary Wage-Fringe Benefits

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year andOption Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

f (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Feb 2002) (29U.S.C. 206 and 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--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

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

[] (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 thisparagraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisitionthreshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, andother data, regardless of type and regardless of form. This does not require the Contractor to create ormaintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to aprovision 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 asubcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be asrequired by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI,Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in allsubcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to smallbusiness concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractormust include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and OtherEligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)(E.O. 13201).

(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 Excess Food Donataion to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down 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. 2631). Flow down required in accordance with paragraph (d) of FAR clause52.247-64.

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

A.6 OTHER APPLICABLE CLAUSES

[x] See Addendum for the following in full text (if checked)

[x] 52.216-18, Ordering

[x] 52.216-19, Order Limitations

[x] 52.216-22, Indefinite Quantity

[x] 52.217-6, Option for Increased Quantity

fl 52.217-7, Option for Increased Quantity Separately Priced Line Item

[] 52.217-8, Option to Extend Services

[x] 52.217-9, Option to Extend the Term of the Contract

A.7 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of deliveryorders or task orders by the individuals or activities designated in the Schedule. Such orders may be issuedfrom July 1, 2009 through November 30, 2009.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event ofconflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order inthe mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized inthe Schedule.

The first order is made under award of this contract. Subsequent orders shall be made when and if options areexercised in accordance with 52.217-6 and 52.217-9 of this contract. Modifications exercising options will beissued in lieu of task or delivery orders.

A.8 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in anamount of less than $100, the Government is not obligated to purchase, nor is the Contractor obligated tofurnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $12,182.95;

(2) Any order for a combination of items in excess of $12,182.95; or

(3) A series of orders from the same ordering office within 30 days that together call for quantitiesexceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of theFederal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirementfrom the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall-honor any order exceedingthe maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering officewithin days after issuance, with written notice stating the Contractor's intent not to ship the item (or items)called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or servicesfrom another source.

A.9 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated,in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are notpurchased by this contract. Except as this contract may otherwise provide, if the Government's requirementsdo not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shallnot constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with theOrdering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, theContractor shall furnish to the Government all supplies or services specified in the Schedule and called for byorders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery tomultiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all thesupplies or services specified in the Schedule that are required to be purchased by the Government activity oractivities specified in the Schedule.

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

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

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

and Government's rights and obligations with respect to that order to the same extent as if the order werecompleted during the contract's effective period; provided, that the Contractor shall not be required to makeany deliveries under this contract after

A.10 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the periodstated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates onlyand are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with theOrdering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies orservices specified in the Schedule up to and including the quantity designated in the Schedule as the"maximum." The Government shall order at least the quantity of supplies or services designated in theSchedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limiton the number of orders that may be issued. The Government may issue orders requiringdelivery to multipledestinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall becompleted by the Contractor within the time specified in the order. The contract shall govern the Contractor'sand Government's rights and obligations with respect to that order to the same extent as if the order werecompleted during the contract's effective period; provided, that the Contractor shall not be required to makeany deliveries under this contract after.

A.1 1 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified.The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery ofthe added items shall continue at the same rate as the like items called for under the contract, unless theparties otherwise agree.

A.12 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 30 days;provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15days days before the contract expires. The preliminary notice does not commit the Government to anextension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall notexceed three and a half years or 42 months.

A.13 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond November 30, 2009. TheGovernment's obligation for performance of this contract beyond that date is contingent upon the availability ofappropriated funds from which payment for contract purposes can be made. No legal liability on the part of theGovernment for any payment may arise for performance under this contract beyond November 30, 2009, until

funds are made available to the Contracting Officer for performance and until the Contractor receives notice ofavailability, to be confirmed in writing by the Contracting Officer.

A.14 NRC Acquisition Clauses - (NRCAR) 48 CFR Ch. 20

A.15 SEAT BELTS

Contractors, subcontractors, and grantees, are encouraged to adopt and enforce on-the-job seat belt policiesand programs for their employees when operating company-owned, rented, or personally owned vehicles.

A.16 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS

Annual and final evaluations of contractor performance under this contract will be prepared in accordancewith FAR 42.15, "Contractor Performance Information," normally at 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 anannual evaluation will be prepared (state time for annual evaluation). Final evaluations of contractorperformance will be prepared at the expiration of the contract during the contract closeout process.

The Contracting Officer will transmit the NRC Project Officer's annual and final contractor performanceevaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractorwill be permitted thirty days to review the document. The contractor may concur without comment, submitadditional information, or request a meeting to discuss the performance evaluation. The Contracting Officermay request the contractor's Project Manger to attend a meeting to discuss the performance evaluation.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, the ContractingOfficer will consider such evaluation final and releasable for source selection purposes. Disagreementsbetween the parties regarding a performance evaluation will be referred to an individual one level above theContracting Officer, whose decision will be final.

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

The completed annual performance evaluation will be used to support future award decisions in accordancewith FAR 42.1502(a) and 42.1503(c). During the period the information is being used to provide sourceselection information, the completed annual performance evaluation will be released to only two parties - theFederal government personnel performing the source selection evaluation and the contractor under evaluationif the contractor does not have a copy of the report already.

A.17 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS

NRC contractors are responsible to ensure that their alien personnel are not in violation of United StatesImmigration and Naturalization (INS) laws and regulations, including employment authorization documents andvisa requirements. Each alien employee of the Contractor must be lawfully admitted for permanent residenceas evidenced by Alien Registration Receipt Card Form 1-151 or must present other evidence from theImmigration and Naturalization Services that employment will not affect his/her immigration status. The INSOffice of Business Liaison (OBL) provides information to contractors to help them understand the employmenteligibility verification process for non-US citizens. This information can be found on the INS website,http://www.ins.usdoj.gov/graphics/services/employerinfo/index.htm#obl.

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

A.18 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOREMPLOYEES (JULY 2006)

(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 Procedureson Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOLprocedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24.

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

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

A.19 SPECIAL BILLING INSTRUCTIONS

The contractor shall use the same account numbers associated with NRC pagers under the current contract.However, invoices shall not contain rollover balances from the prior contract. Thus, the first monthly invoiceshall have balances of $0.00 for all account numbers.

delivery order no. nrc-dr-33-09-318.skytel shall provide the u.s. nuclear regulatory commission with...

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