task order no. nrc-hq-84-15-t-0001 under contract no. gs ... · solicitationicontract/order for...

SOLICITATIONICONTRACT/ORDER FOR COMMERCIAL ITEMS C1 REQUISITION NUMBER PAGE OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0CHCO 3 5-0020 1 lo12,CONTRACT NO, 3,AWARO 4 OROERNUMBER 5 SOLICITATION NUMBER 6. SOLICITATION

GS-15F-O070K EFFECTIVE DATE NRC-HQ-84-1 5-R-000i ISSUE DATE

0] /0 1 / 2 0 1 5 RNC-h'Q-84-15-T-0001 11/10/20147. FOR SOLICITATION la- NAME b TELEPHONE NUMBER (No coIleCO'C011 8 OFFER DUE DATE.LOCAL TIME

INFORMATION CALL: M' ]. T TA CARR 301-287-0909

9 ISSUEDBY CODE 10RCi.]) 10 THIS ACQUISITION IS UNRESTRICTEDOR SETASIDE -FOR

WOMEN-OWNED SMALL BUSINESS

US NRC - HQ SMALL BUSINESS (NOSB) ELIGIBLE UNDER THE WOMEN-OWNED

ACQUISITION MANAGEMENT DIV I SION HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS54 1612

MAIL STOP 3WFN-05-C64]P BUSINESS EDWOSS

SERVICE-DISABLED S1A)WASHINGTON DC 20555-0001SEVC-SALD 8AVETERAN-OWNED SIZE STANDARD. $ 1 5. 0SMALL BUSINESS

11 DELIVERY FOR FOB DESTINA- 12 DISCOUNT TERMS 13b RATINGTION UNLESS BLOCK IS 13a THIS CONTRACT ISA

MARKED RATED ORDER UNDER

SEE SCHEDULE OPAS (15 CFR 7001 14. METHOD OF SOLICITATION

RFD IFB RFP

15 DELIVER TO CODE 16. ADMINISTERED BY CODE ,PCHQ

US NUCLEAR REGULATORY COMMISSION US NRC - HQONE WHITE FLINT NORTH ACQUISITION MLANAGEMENT DIVISION115ý5 ROCKVILLE PTKE MAIL STOP 3WFN-05-CE4MPROCKVILLE MD 20852 WASHINGTON DC 20555-0001

17a CONTRACTDR/ CODE 143339492 FACILITYJ 189. PAYMENT VTLL BE MADE BY CODE RCPAYMENTSOFFEROR CODE I

PPM1 SOLUTIONS INC US NUCLEAR REGULATORY COMMISSION245A BUSINESS PARK BLVD ONE WHITE FLINT NORTH

MADISON AL 357587551 11555 ROCKVILLE PIKEMAILSTOP O3-E17A

ROCKVILLE MD 20852-2738

TELEPHONE NO.

1Tb CHECK IF REMITTANCE IS DIFFERENTAND PUT SUCH ADDRESS IN OFFER 18b SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOWIS CHECKED SEE ADDENDUM

1B 20. 21. 22 23. 24.ITEM NO SCHEDULE OF SUPPLIES:SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

The purpose of this contract is to provide the

U.S. Nuclear Regualtory Commission(NRC) withHuman Resource (:HR) Services. The contractorshall provide personnel as necessary to furnishTthe services identified in the Statement ofW;ork(SOW) in Section C of the contract.

Period cf Performance: 01/01/2015 to 12/31/2019

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 6. TOTAL AWARD AMOUNT (For Govt. Use Only)

201 5-X0200- FEEBASED-84-84D002-51-H-175-1] 34-251A $3,232, 908.00

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

X 27b CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-s IS ATTACHED. ADDENDA X ARE ARE NOT ATTACHED.

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN i 29. AWARD OF CONTRACT REF. OFFER

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN IS ACCEPTED AS TO ITEMS:

30a SIGNATURE OF OFFERORJCONTRACTOR 31a. UNITED STA S F AMERICA (SIGNATURE OF CONTRACTING OFFICER)

.NMEAND TITL OF SIGNER (Type or pnn) 30c DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type orpnnt) 31c DATE SIGNED

Cindy J. Bales, Director of Contracts 12/16/2014 ERIKA EAM 12 // / .

ZED FOrI RIIUPh LOCAL RE-P'ROUUUTIOINPREVIOUS EDITION IS NOT USABLE

I- AWoMol0 8UNSjvw REVION CoW'PLETL.PSTANRDb FOy GSM 144F (4I8 2l2012)Prescribed by GSA - FAR (48 CFR) 53.212

JAN 5Lu" 4100

2 of -, -

20 21. 122.T 23 24.ITEM NO SCHEDULE OF SUPPLIFS-SERAlCES QUANT U NIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED. AND CONFORMS TO THE CONTRACT. EXCEPT AS NOTED:

32b SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c, DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321 TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

COMPLETE PARTIAL FINALPARTIAL FINAL

38. SIR ACCOUNT NUMBER 39. SfR VDUCHER NUMBER 40. PAID BY

41a. I CERTIFY THI5 ACCOUNT IS CORRECTAND PROPER FOR PAYMENT 42a RECEIVED BY (Pnrnt)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE _________________________________

42b. RECEIVED AT (Location)

I42c. DATE REC'D (YY/MM/DD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) RACK

GS-1 5F-0070KNRC-HQ-84-15-T-0001

Human Resource (HR) Services

SECTION B - Supplies or Services/Prices .................................................................................. 6

NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION ................................................. 6

NRCB080 CONSIDERATION AND OBLIGATION-FIRM-FIXED-PRICE Error! Bookmark not defined.

NRCB084A CONSIDERATION AND OBLIGATION-LABOR-HOUR CONTRACTA LTE R N A TE I ............................................................................................................................ 6

SECTION C - Description/Specifications .................................................................................. 13

SECTION D - Packaging and Marking ....................................................................................... 29

NRCDO10 PACKAGING AND MARKING ..................................................................................... 29

N RC D020 BR ANDING ...................................................................................................................... 29

SECTION E - Inspection and Acceptance .................................................................................. 30

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996) ......................................... 30

52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT. (APR 1984) ....................... 30

NRCE010 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013) .................. 31

SECTION F - Deliveries or Performance .................................................................................... 32

NRCF030C PERIOD OF PERFORMANCE ALTERNATE III ........................................................ 32

SECTION G - Contract Administration Data .............................................................................. 33

NRCG20 REGISTRATION IN FEDCONNECT® (JULY 2014) ...................................................... 33

NRCG030 ELECTRONIC PAYMENT (SEP 2014) ....................................................................... 33

SECTION H - Special Contract Requirements ......................................................................... 34

2052.204-70 SECURITY. (OCT 1999) .......................................................................................... 34

2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993) ......................................... 35

2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT1999) ........................................................................................................................................ 36

2052.215-71 CONTRACTING OFFICER REPRESENTATIVE (COR)AUTHORITY. (OCT 1999) - ALTERNATE II (OCT 1999) .................................................... 36

2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) -

ALTERNATE I (OCT 1999) ................................................................................................. 37

NRCH020 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL(S E P 2013) ............................................................................................................................... 37

NRCH030 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGYLEVEL I OR LEVEL II ACCESS APPROVAL (SEP 2013) .................................................. 39

NRCH070 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY .......................................... 42

NRCH130 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS CONVICTEDOF DRUG TRAFFICKING OR POSSESSION .................................................................... 43

NRCH310 ANNUAL AND FINAL CONTRACTOR PERFORMANCEEVA LU ATIO N S ........................................................................................................................ 43

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NRCH330 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE ................................ 43

NRCH340 COMPLIANCE WITH U.S. IMMIGRATION LAWS ANDR EG U LATIO N S ........................................................................................................................ 44

NRCH380 SECURITY REQUIREMENTS FOR ACCESS TO CLASSIFIEDMATTER OR INFORMATION (SEP 2013) ......................................................................... 45

NRCH390 NRC INFORMATION TECHNOLOGY SECURITY ..................................................... 47

NRCH400 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OFREPORT(S) OR THE PUBLICATION OF RESULTS UNDER CONTRACTS,AGREEMENTS, AND GRANTS ........................................................................................... 47

NRCH410 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR ANDSUBCONTRACTOR EMPLOYEES ................................................................................... 48

NRCH420 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRCHEADQUARTERS (SEP 2013) ........................................................................................... 49

NRCH430 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TONUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION ORSAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLYSENSITIVE PO SITIO NS .......................................................................................................... 49

NRCH440 CONTRACTOR RESPONSIBILITY FOR PROTECTINGPERSONALLY IDENTIFIABLE INFORMATION (PII) .......................................................... 50

NRCH470 GREEN PURCHASING (SEP 2013) ........................................................................... 51

NRCH480 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONICPAYMENT/REMITTANCE ADDRESS ................................................................................. 52

SECTIO N I - Contract Clauses ......................................................................................................... 53

52.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST(JA N 1993) ............................................................................................................................... 53

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS.(M A Y 2014) .............................................................................................................................. 55

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENTSTATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (NOV2013) - ALTERNATE II (NOV 2013) .................................................................................... 62

52.216-1 TYPE OF CONTRACT. (APR 1984) ............................................................................. 69

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999) ............................................................ 69

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000) ........................ 69

52.224-2 PRIVACY ACT (APR 1984) ............................................ 69

52.227-14 RIGHTS IN DATA - GENERAL. (DEC 2007) .............................................................. 70

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR1984) ........................................................................................................................................ 75

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APR 2012) - ALTERNATE II (SEP 1996) ............................................................. 75

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52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998) ..................................... 79

NRCF010 PLACE OF DELIVERY--REPORTS (AUG 2011) ................................................. 80

NRCF034 OPTION PERIODS - TASK ORDER/DELIVERY ORDER UNDER AGSA FEDERAL SUPPLY SCHEDULE CONTRACT .......................................................... 81

SECTION J - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS .............................. 82

Attachment 1 - Billing Instructions - FIXED PRICE ................................................................ 82

Attachment 2 - Billing Instructions - COST REIMBURSEMENT .............................................. 86

Attachment 3 - Billing Instructions - TIME AND MATERIAL/LABOR HOUR ......................... 95

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SECTION B - Supplies or Services/Prices

NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION

(a) The title of this project is: Human Resources (HR) Services

(b) Summary work description:

The primary objective of this contract is to provide personnel to support provide general staffingservices, position classification and evaluation services, benefits and retirement services, and/orhuman resources transaction processing and recordkeeping services to augment the workperformed by the Office of the Chief Human Capital Officer (OCHCO) workforce and allow fortemporary increases in workload.

NRCB084A CONSIDERATION AND OBLIGATION-LABOR-HOUR CONTRACT ALTERNATE I

(a) The ceiling price to the Government for full performance under this contract is $3,232,908.00.

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

(c) The current obligated amount is $300,000.00.

(d) This is an incrementally-funded contract and FAR 52.232-20 - "Limitation of Cost" applies.

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PRICE/COST SCHEDULE

BASE YEAR: BASE SERVICESCLIN EXTENDED# DESCRIPTION UNIT PRICE UNIT HRS PRICE

000 S Task ffing and Internal Placement S HOURLY $

Task 2 -0002 Position Classification and $ HOURLY $

Evaluation0003 Task 3- $ HOURLY

Retirement & Benefits

Task 4 -0004 Human Resources Processing and. $ HOURLY $

Recordkeeping

TOTAL HOURS

SUBTOTAL $ 260,932.00

BASE YEAR: OPTIONAL SERVICESCLIN CEILING HRLYDESCRIPTION UI RC# UNIT PRICE

OPTIONAL - Task 1Staffing and Internal Placement

OPTIONAL - Task 20006 Position Classification and $

Evaluation

OPTIONAL - Task 3Retirement & Benefits Processing .$ _ _

0008 OPTIONAL - Task 5Executive Qualifications

OPTIONAL - Task 6

0009 Human Resource Management $Directive Development andRevision

0010 OPTIONAL - Task 7Veterans Recruitment

0011 OPTIONAL - Task BEmployee Relations Services "

TOTAL ESTIMATED HOURS

NOT TO EXCEED AMOUNT $ 350,000.00

r

TOTAL AMOUNT S 610,932.00

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OPTION YEAR 1: BASE SERVICES

CLIN DESCRIPTION UNIT PRICE UNIT CTY EXTENDED# IPRICE

1001 Task3-Staffing and Internal Placement $~ $ ORY•

102 Position Classification and Evaluation

103Task 3 - $ OURLY $SRetirement & Benefits

Task 4 -

1004 Human Resources Processing and $ 0 URLYRecordkeeping _

TOTAL HOURS

SUBTOTAL $ 266,152.80

OPTION YEAR 1: OPTIONAL SERVICES /

CLIN DESCRIPTION UNIT PRICE

.1005 OPTIONAL - Task 1

.1005 Staffing and Internal Placement $

OPTIONAL - Task 21006 Position Classification and Evaluation $

1007 OPTIONAL - Task 3Retirement & Benefits Processing $

1008 OPTIONAL - Task 5Executive Qualifications $

OPTIONAL - Task 61009 Human Resource Management S

Directive Development and Revision

OPTIONAL - Task 71010 Veterans Recruitment $

1011 OPTIONAL - Task 8Employee Relations Services $


NOT TO EXCEED AMOUNT S 350,000.00

TOTAL AMOUNT $ 616,152.80

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OPTION YEAR 2: BASE SERVICESOLIN EXTENDED

DESCRIPTION UNIT PRICE UNIT OTY E# IPRICE

2001 Task 1 - $ HO URLY $Staffing and Internal Placement

2002 Task 2- HOURLY $Position Classification and Evaluation

2003 Task 3- $ HOURLY $

Retirement & Benefits $

Task 4 -2004 Human Resources Processing and $ HOURLY $

Recordkeeping

TOTAL HOURS

SUBTOTAL $ 271,480.00

OPTION YEAR 2: OPTIONAL SERVICESCLIN DESCRIPTION UNIT PRICE

2005 OPTIONAL - Task 1Staffing and Internal Placement

2006 OPTIONAL - Task 2 $Position Classification and Evaluation $

2007 OPTIONAL- Task 3 $Retirement & Benefits Processing

2008 OPTIONAL - Task 5Executive Qualifications $

OPTIONAL - Task 62009 Human Resource Management $


OPTIONAL - Task 7 $2010 Veterans Recruitment $

2011 OPTIONAL - Task 8Employee Relations Services $



!!

P

TOTAL AMOUNT $ 621,480.00

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OPTION YEAR 3: BASE SERVICESCLIN EXTENDEDDESCRIPTION UNIT PRICE UNIT QTY E

# PRICE

3001 Task 1- S IM HOURLY $Staffing and Internal Placement

3002 Task 2- HOURLY $Position Classification and Evaluation3003 Task 3- $ HOURLY $

Retirement & Benefits

Task 4 -

3004 Human Resources Processing and $ HOURLY $Recordkeeping

TOTAL HOURS

SUBTOTAL S 276,905.60

OPTION YEAR 3: OPTIONAL SERVICESCLIN DESCRIPTION UNIT PRICE

3005 OPTIONAL - Task 1 $Staffing and Internal Placement $

I3006 OPTIONAL - Task 2 $Position Classification and Evaluation $

3007 OPTIONAL - Task 3 $Retirement & Benefits Processing

OPTIONAL - Task 5 $3008 Executive Qualifications $

OPTIONAL - Task 63009 Human Resource Management $


300OPTIONAL -Task 7 $3010 OVeterans Recruitment

3011 OPTIONAL - Task 8 $Employee Relations Services



I

TOTAL AMOUNT S 626.905.60

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OPTION YEAR 4: BASE SERVICES

CLIN DESCRIPTION UNIT PRICE UNIT QTY EXTENDED PRICE

4001 Task 1- $ HOURLY $Staffing and Internal PlacementTask 2 -

4002 Position Classification and $ HOURLY $Evaluation

4003 Task 3 S HOURLYRetirement & Benefits

Task 4 -4004 Human Resources Processing and $ HOURLY $

Recordkeeping .

TOTAL HOURS

SUBTOTAL $ 282,437.60

ftDTErinik VMAM A. A0'rDTrflAI Q=01iir=C

CLIN DESCRIPTION UNIT .PRICE

OPTIONAL - Task 14005 Staffing and Internal Placement $

OPTIONAL - Task 24006 Position Classification and $

Evaluation

4007 OPTIONAL - Task 3$Retirement & Benefits Processing $4008 OPTIONAL - Task 5

Executive.Qualifications $OPTIONAL - Task 6

4009 Human Resource Management $Directive Development andRevision

OPTIONAL - Task 74010 Veterans Recruitment $

4011 OPTIONAL - Task 8Employee Relations Services



TOTAL AMOUNT S 632,437.60

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GRAND TOTAL $ 3,232,908.00

* Travel - The costs is associated with all travel needs for Veterans Recruitment. The contractors travel mustbe pre-approved in writing in accordance with USNRC Government Travel Regulations.

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SECTION C - Description/Specifications

STATEMENT OF WORK (SOW)

1. PROJECT TITLE

Human Resources (HR) Services

2. BACKGROUND

The Nuclear Regulatory Commission's (NRC) Office of the Chief Human Capital Officer (OCHCO)is responsible for human capital management at the agency. The NRC aligns its human capitalprogram with the U.S. Office of Personnel Management's (OPM) Human Resources Line ofBusiness (HRLOB) Reference Model (version 2). OCHCO exercises an active leadership role inthe development of new initiatives in response to changes in human resources laws, rules, andregulations, and serves as the agency-wide source of OCHCO policy. These policies are publishedin NRC's Management Directive (MD) system.

OCHCO specialists develop policy and establish programs in response to new or changinginitiatives. OCHCO specialists conduct reviews of programs and policies to improve existingprocedures.

OCHCO specialists provide operations support and services. OCHCO specialists will:

1. classify position descriptions in accordance with NRC rules and procedures, provideposition and management guidance to managers, and prepare organizational surveys andreports;

2. conduct general and targeted recruitment and staffing efforts in order to sustain a high-performing diverse workforce;

3. conduct active outreach recruitment efforts, evaluate and prescreen applicants, rate andrank candidates, and prepare selection certificates;

4. advise employees about and perform the full range of activities related to administeringFederal benefits programs, including retirement and insurance programs, in accordancewith Federal and OPM regulations;

5. provide employee and labor relations advice, guidance, and assistance to managers andsupervisors in accordance with NRC rules and government-wide policies;

6. provide advice to address issues related to employee conduct, performance and health, aswell as interactions and negotiations with a union serving as exclusive representative forbargaining unit employees.

OCHCO technicians provide a broad range of assistant or technician services related to processingpersonnel, payroll and benefits transaction processing, and recordkeeping activities.

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The purpose of this procurement is to secure services related to staffing, position classification andevaluation, retirement and benefits processing, human resources processing and recordkeeping,executive qualifications, veterans recruitment, and employee relations.

3. SCOPE

The contractor shall provide personnel to support general staffing services, position classificationand evaluation, retirement and benefits processing, human resources processing andrecordkeeping, executive qualifications, veterans recruitment, and employee relations services toaugment the work performed by the OCHCO workforce and allow for temporary increases inworkload.

The contractor shall also provide optional services that could include, but is not limited to, generalstaffing services, position classification and evaluation services, benefits and retirement services,executive qualifications, Human Resources Management Directive Development and revisionthereto, veterans recruitment, and employee relation services.

4. APPLICABLE DOCUMENTS

Documents that are relevant to this procurement may be found on-line at www.nrc.gov and anypertaining to OPM policy can be found at www.oprn.gov.

5. PERFORMANCE REQUIREMENTS

There are two components of effort for this contract. There are base services and there are optionservices.

For planning purpose the base services amount to no more than 4,400 hours for each year andincludes, but not limited to, Staffing, Classification, Retirement & Benefit, and Human ResourcesProcessing and Recordkeeping services. These services are described below in Tasks 1-4. Ataward, Tasks 1-3 are each expected to utilize 1,040 hours each with the remaining hours dedicatedto Task 4.

Option services amount to 6,600 hours for each year and include, but are not limited to, anyservices identified in Tasks 1-8, identified below, with exception to Task 4. OCHCO may exercise allor a portion of these hours during the course of a given year. At the time of award, it is expectedthat all 6,600 hours will be utilized for year 1.

5.1 TASK 1 - STAFFING AND INTERNAL PLACEMENT

5.1.1 REQUIREMENT

The contractor shall be technically competent in and, when requested, be required to providestaffing services to NRC for a variety of positions (engineering, scientific, supervisory,administrative, and support) and at all grade levels.

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5.1.2 STANDARD

When requested, the contractor shall perform any or all of the following activities:

a. Conduct job analysis;

b. Develop crediting plans;

c. Develop vacancy announcements;

d. Screen applications to evaluate basic qualifications;

e. Update applicant status using an automated recruitment application;

f. Conduct rating panels;

g. Rate and rank applicants;

h. Prepare selection certificates;

i. Prepare employment offers;

j. Obtain employment information from or background information about candidates;

k. Initiate security clearance processing;

1. Prepare staffing files;

m. Audit staffing files (50 per year);

n. Review, analyze, and approve service obligation agreements for student loan repayments;and

o. Processing of relocation, recruitment, and incentive program.

5.1.3 DELIVERABLES

a. Documented job analysis report;

b. Documented crediting plans;

c. Documented vacancy announcements;

d. Documented selection certificates;

e. Documented employment offers;

f. Documented background information;

g. Documented staffing files; and

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h. Documented annual staffing audit report.

5.1.4 ACCEPTANCE CRITERIA

The documentation shall be in a professional format in accordance with NRC OCHCO policies,procedures and pertinent NRC MDs. Depending upon the task, the deliverable shall be ready forposting to USAJobs.

5.2. TASK 2 - POSITION CLASSIFICATION AND EVALUATION

5.2.1 REQUIREMENT

The contractor shall work directly with NRC managers to provide position classification services.

5.2.2 STANDARD

When requested, the contractor shall perform any or all of the following activities:

a. Develop and/or classifying position descriptions in accordance with NRC's six-factor

evaluation system as described in MD 10.37, for a variety of federal occupations;

b. Conduct desk audits with employees;

c. Interview first-line supervisors to verify duties and responsibilities;

d. Prepare written evaluation statements in accordance with NRC standards; and

e. Prepare classification appeal packages.

5.2.3 DELIVERABLES

a. Documentation of developing and/or classifying position descriptions in accordance with

NRC's six-factor evaluation system as described in MD 10.37, for a variety of federal

occupations;

b. Documented desk audits with employees;

c. Documented interviews of first-line supervisors to verify duties and responsibilities;

d. Documented written evaluation statements in accordance with NRC standards; and

e. Documented classification appeal packages.


The documentation shall be in a professional format in accordance with NRC OCHCO policies,procedures and pertinent NRC MDs.

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5.3 TASK 3 - RETIREMENT & BENEFITS PROCESSING

5.3.1. REQUIREMENT

At the request of the COR, as defined in the statement of work, the contractor shall provideemployee benefits services and the processing of personnel actions for assisting the NRC with theimplementation of the agency's retirement and benefit program.

5.3.2 STANDARD

The contractor shall provide the following services:

a. Providing advice and counseling on the entire spectrum of Federal benefits including:

health insurance, dental and vision plans, flexible spending accounts, long term insurance,life insurance, the thrift savings plan and the retirement systems to include the Civil ServiceRetirement System, the Civil Service Retirement Offset System and the Federal EmployeesRetirement System.

b. The processing of all actions related to the above benefits.

5.3.3 DELIVERABLES

The contractor shall provide up to two (2) retirement counselors to offer advice to individualemployees and staff members on retirement plans including:

a. Civil Service Retirement System (CSRS),

b. CSRS Offset, Federal Employees Retirement Systems (FERS),

c. Social Security,

d. Thrift Savings Plan (TSP),

e. Federal health insurance,

f. Federal life insurance, and

g. spouse equity laws and compute projected annuity amounts under several retirement dates

so that retirement timing may be maximized.

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After each counseling session, conducted at a venue convenient to the NRC employee, the

contactor shall document, at a minimum, the session using the following:

1. Service History:

a. Effect of waiving military retired pay;

b. Review of records for correct placement in any of three retirement systems (CSRS, FERS,

and CSRS Offset); and

c. Review civilian and military service and compute service computation date.

2. Benefits Summary (Including Retirement and Survivor Benefits):

a. Estimates of survivor benefits and their cost to retirees;

b. Estimates of deposit and redeposit amounts and reduction from the annuity if they are not

paid; and

c. Supplemental payments under FERS; and Alternate forms of annuity.

3. Computations:

a. Calculation of "High Three" average salary;

b. Computation of retirement credit for part-time work; and

c. Calculation of estimated annuity under special rules for law enforcement personnel


The documentation shall be in a professional format in accordance with OPM regulations and theNRC OCHCO policies, procedures and pertinent NRC MDs.

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5.4. TASK 4 - HUMAN RESOURCES PROCESSING AND RECORDKEEPING

5.4.1 REQUIREMENT

The contractor shall be technically competent to provide a range of human resources processing

and recordkeeping services in accordance with OPM regulations and guidelines and NRCprocedures.

5.4.2 STANDARD

The contractor shall perform any or all of the following activities that are not limited to advising on

and/or processing:

a. Process personnel actions, benefits, and payroll transactions using an automated payroll

personnel system;

b. Determine creditable service and computing service dates;

c. Perform "help desk" functions to respond to questions from employees about personnel,

benefits and payroll transactions;

d. Maintain, review, and cleanse Official Personnel Folders (OPFs) (paper and/or electronic)

in accordance with OPM Guide to Personnel Recordkeeping; and the EOCHCOI eOPF

Manifest And Box Shipment Procedures For Backfile and Day Forward Conversion;

e. Audit OPFs (paper and/or electronic) to ensure compliance with the OPM guide the

Recordkeeping (100 OPFs per year);

f. Facilitate all processing of documents for military deposits, including updates of Service

Computation Dates;

g. Facilitate and maintain Workers Compensation Cases through collaboration with the

Department of Labor; and

h. Assist with other OCHCO functions such as coordinate and facilitate benefit and financial

seminars for the NRC including Annual Open Season Benefit Fairs; Semi-Annual Financial

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Planning Fair; Semi-Annual Service Day; Federal Long Term Care Insurance Program

Seminar; Health Care Overview and Flexible Spending Plan Seminars; Various benefit

seminars for specific Offices or lunch and learn programs; and Assist with various other

seminars as requested.

5.4.3 DELIVERABLES

a. Documented monthly personnel and payroll transaction process report;

b. Documented monthly Service Computation Date report;

c. Documented monthly "help desk" report;

d. Document monthly OPFs (paper and electronic) maintenance and cleansing report; and

e. Documented annual OPF (paper and electronic) audit report.

f. Documented workers compensation cases;

g. Documented military deposit records;

h. Assistance with OCHCO functions listed in this statement of work.


The documentation shall be in a professional format in accordance with NRC OCHCO policies,procedures and pertinent NRC MDs.

5.5 TASK 5 - EXECUTIVE QUALIFICATIONS

5.5.1 REQUIREMENT

At the request of the COR, the contractor shall be technically competent in and, when requested,will review and help prepare executive qualifications information for Qualifications Review Boards.

5.5.2 STANDARD

a. Review resumes, Executive Core Qualifications (ECQ) statements, and other application or

qualifications material for selectees for executive positions.

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b. Help ensure they meet Office of Personnel Management Qualifications Review Board

guidelines.

c. Provide feedback and recommendations for improvement of qualifications materials to

selectees.

d. Interview selectees about accomplishments and experience.

e. Help edit application packages for submission to Qualifications Review Boards to ensure

they fully and accurately reflect selectees' qualifications.

5.5.3 DELIVERABLES

Deliverables shall include resumes, ECQ statements or other executive qualifications materialsready for submission to a Qualifications Review Board. Executive qualification packages shall notexceed ten (10) per year, when requested by the COR.


The executive qualifications information shall be clear, understandable, formatted in accordancewith Office of Personnel Management and any applicable NRC guidelines, reflect the selectee'sexecutive qualifications accurately and effectively, and be ready for submission to a QualificationsReview Board within applicable OPM-imposed time frames.

5.6 TASK 6 - HUMAN RESOURCES MANAGEMENT DIRECTIVES DEVELOPMENT ANDREVISION

5.6.1 REQUIREMENT

The contractor shall be technically competent in and, when requested, will develop NRC humanresources policy issuances.

At the request of the COR, the contractor shall develop Management Directives and associatedprocedural guidance or templates in areas relevant to the field of human resources management.

5.6.2 STANDARD

a. Develop, update, or revise any policy directive in a field of human resources management

(e.g., employment and staffing, position evaluation and management, pay administration,

leave, performance management, awards, labor relations, discipline, grievances, appeals,

benefits) as necessitated by a change in law, regulation, or agency requirement.

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b. Research applicable law, regulation, or NRC guidance. Interview NRC subject matter

experts, as appropriate.

c. Write policy in the NRC format for Management Directives, as stated in MD 1.1, which is

available on-line.

d. May develop on-line tools, templates or procedural guidance associated with the MD (for

example, moving procedural guidance or samples from the MD to the NRC intranet when

updating older MDs).

e. Follow NRC guidelines and processes for revising drafts, seeking and resolving comments

from appropriate offices, and preparing directives for publication.

5.6.3 DELIVERABLES

MDs, draft requests for comment, comment resolution documents, procedural guidance, intranettools or templates associated with MDs. It is estimated that the contractor shall prepare no morethan five (5) MDs and any associated guidance per year, when requested by the COR.


Policy directives will be issued as part of the MD system and will comply with system requirements.Directives and associated intranet guidance will accurately, clearly, and properly reflect appropriatepolicy and procedures in a logical manner. Policy and procedures will properly reflect guidanceestablished by law, rules, regulations and/or the NRC. The contractor shall have expertise not onlyin the composition and presentation of written documents but also in the technical substancerelevant to the area of human resources administration within the Federal Government. Writtenguidance must be technically correct, understandable to intended audiences, and in an acceptableformat. Documents will be submitted by established due dates.

5.7 TASK 7 - VETERANS RECRUITMENT

5.7.1 REQUIREMENT

At the request of the COR, the contractor shall provide, Veterans Recruitment for assisting with theimplementation of the agency's Veterans' Employment Initiative Operations Plan.

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5.7.2 STANDARD

a. Monitoring the NRC workforce statistics, culture, and attitudes with regard to Veterans'

employment, identifying program risks and barriers to success and developing appropriate

mitigation strategies.

b. Increasing the Veteran candidate pool and maintaining the percentage of Veterans hired

into NRC careers by identifying mission critical occupational skills that can be found in the

military and Veteran community, implementing recruitment activities which target and attract

Veterans that possess such skills, and counseling hiring managers on the use of special

hiring authorities to fill positions with Veterans.

c. Developing and implementing programs to maximize the retention of Veterans within the

NRC by increasing awareness of employee assistance and other VA services and benefits

to which Veterans are entitled.

d. Increasing external awareness of the agency's commitment to Veterans hiring and career

development.

5.7.3 DELIVERABLES

a. Documented results on monitoring NRC workforce statistics, culture and attitudes with

regard to Veterans' employment and to identify risks and barriers thereof;

b. Documented results on increasing Veteran candidate pool for employment in mission

critical occupational skills;

c. Documented results on developing and implementing programs to maximize the retention

of Veterans; and

d. Documented results on increasing external awareness of the agency's commitment to

Veteran hiring and career development.

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The information shall be clear, understandable, formatted in accordance with OPM and anyapplicable NRC guidelines, reflect Veterans' documentation accurately and effectively, and shall beready for submission for Senior Management Review. The ideal candidate should be self-motivated, and possess good organizational and communication skills. Current Veterans, technicaland scientific, and/or administrative candidates are encouraged to be hired.

5.8. TASK 8 - EMPLOYEE RELATION SERVICES

5.8.1 REQUIREMENT

The contractor shall be technically competent in providing services related to Employee and LaborRelations (ELR) programs.

5.8.2 STANDARD

When requested by the COR, the contractor shall perform any or all of the following activities thatinclude, but are not limited to:

a. Advising on and drafting the full range of ELR documents, such as adverse and disciplinary

actions, correspondence regarding reasonable accommodation, administrative and

negotiated grievance decisions, Unfair Labor Practice (ULP) responses, and

correspondence regarding leave administration;

b. Research and preparations for and/or participation in interactions with Labor Unions

regarding conditions of employment; and

c. Prepare and engage in collective bargaining negotiations.

5.8.3 DELIVERABLES

a. Written disciplinary and adverse action documents;

b. Documented and organized disciplinary and adverse action employee relation case files;

c. Written reasonable accommodation documents and documentation;

d. Documentation of grievance decisions and adjudications; and

e. Documentation of responses to ULP charges.

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5.8.4 - ACCEPTANCE CRITERIA

The services shall be performed in accordance with OPM, NRC policies, the collective bargaining

agreement, as well as government-wide laws, regulations and procedures that govern employeeand labor relations. All work shall be performed with minimal technical direction and will result inwork products that are accurate, well organized and technically sound.

6. PERFORMANCE STANDARDS

The COR shall provide minimal technical direction and shall determine performance by thefollowing measures:

a.Effectiveness: A process characteristic indicating the degree to which the process output(work product) conforms to requirements.

b.Efficiency: A process characteristic indicating the degree to which the process produces therequired output at minimum resource cost.

c.Quality: The degree to which a product or service meets OCHCO requirements andexpectations.

d.Timeliness: Measures whether a unit of work was done correctly and on time.

The criterion is based on OCHCO requirements and will be determined at the kick off meeting forspecific actions, i.e., classification, evaluation, staffing, retirement & benefits, etc.

7. METHOD OF SURVEILLANCE

According to the Inspection of Services clause, the government will evaluate the contractor'sperformance under this contract. For those tasks listed in the statement of work, the COR orevaluators will follow standard methods of surveillance which may include, but not limited to,random sampling, periodic inspection, customer input, etc. Government personnel will record allsurveillance observations. When an observation indicates defective performance, the COR willrequire the contract manager or representative at the site to initial the observation. The initialing ofthe observation does not necessarily constitute concurrence with the observation, onlyacknowledgement that he or she has been made aware of the defective performance. Any actiontaken by the CO as a result of surveillance will be in accordance with the terms of the contract.

The contractor shall provide the quality assurance plan to the CO for acceptance not later than thepost-award conference or a date specified by the CO. The CO will notify the contractor ofacceptance or required modifications to the plan before the initiation of performance.

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The plan shall include:

a. A description of the inspection system to cover all services listed in the statement of work.

The description shall include specifics as to the areas to be inspected on both scheduled

and unscheduled basis, including the frequency of inspections.

b. A description of the methods to be used for identifying and preventing defects in the quality

of service performed.

c. A description of the records to be kept to document inspections and corrective or preventive

actions taken.

d. The records of inspections shall be kept and made available to the CO, when requested,

throughout the contract performance period and for the period after contract completion

until final settlement of any claims under this contract.

8. DELIVERABLES AND DELIVERY SCHEDULE

The contractor shall issue monthly progress reports on the status of expenditures and individualefforts. Monthly reports shall contain the following information and will be due on the 10 th of everymonth or if the 10th falls on a weekend, the report will be due on the following Monday:

1. The number of staff hours expended on each project.2. The number of hours remaining to complete each project.3. Progress updates on the conversion/revision of each directive under review.

Within 60 days after the end of the contract, the contractor shall provide the OCHCO COR with a

final report containing the information listed above and any additional information required by NRC.

SCHEDULE OF DELIVERABLES

Deliverables Quantity Date

Post award meeting with 1 2 weeks from Effective Date of the ContractContracting Officer Representative

Monthly Progress Reports 12 Initiating 5 weeks from Effective Date of theContract and by the 10 th of the month thereafter.

Final Report 1 60 days from Effective End Date of the Contract

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9. GOVERNMENT-FURNISHED PROPERTY

The contractor will be provided with government-furnished tools/equipment such as: a desk,telephone, access to a copy machine and a fax machine, a computer with appropriate software,Internet access and the reference material necessary for the contractor to be able to perform theassigned tasks. Some task may be performed off-site, such as an NRC employee's home or otherlocation at the convenience of the NRC employee.

10. PLACE OF PERFORMANCE

The contractor shall perform all work on-site at either the NRC Headquarters or offices in theRockville, MD area. There might be a potential to work at the Technical Training Center inChattanooga, TN or any of the NRC four (4) Regions located at King of Prussia, PA; Atlanta, GA;Lisle, IL; or Arlington, TX. Addresses for the different locations can be found at the www.nrc.govpublic web site.

11. PERIOD OF PERFORMANCE

The term of this contract will be one (1) year with four (4) one-year options. During each year thereare also options for additional services.

12. SECURITY

Work performed under this contract shall have personnel and privacy implications. As such, allemployees must be cleared by NRC Security and a NRC Form 187 shall be a part of this statementof work.

13. CONTRACTOR STAFF

1. CONTRACT MANAGER

a. The contractor shall provide a contract manager, who shall be responsible for the

performance of the work. The contract manager position will be part of any of the positons

listed in Tasks 1-3. In addition to performing one of the functions identified in the proposal,

the contractor should appoint an onsite contract manager to direct the day to day

operations. The name of this person, and an alternate(s) who shall act for the contractor

when the manger is absent, shall be designated in writing to the Contracting Officer.

b. The Contract Manager or alternate(s) shall have full authority to act for the contractor on all

contract matters relating to daily operation of this contract.

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c. The contract manager or alternate(s) shall be available during normal duty hours within 45

minutes to meet with government personnel to discuss problem areas.

2. CONTRACTOR PERSONNEL

a. During the performance of this contract it is anticipated that only journeymen level staff will

be utilized and that senior level staff will not be required. The journeymen level salary shall

be the fixed rate ceiling reimbursed under this contract. For Task 4, it is anticipated that an

administrative level staffer would fulfill the requirement.

b. The contractor shall not employ persons for work on this contract if such employee is

considered by the CO to be a potential threat to the health, safety, security, general well-

being or operational mission of the work environment and its population.

c. Contractor personnel shall present a neat and appropriate appearance and be easily

recognized as contractor employees.

d. The contractor shall make sure employees have the education and experience before

starting work on this contract.

e. The contractor shall not employ any person who is an employee of the U.S. Government if

employing that person would create a conflict of interest. Additionally, the contractor shall

not employ any person who is an employee of the NRC.

f. Each contractor personnel shall be cleared by the NRC Office of Security prior to

employment.

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SECTION D - Packaging and Marking

NRCDO10 PACKAGING AND MARKING

(a) The Contractor shall package material for shipment to the NRC in such a manner that willensure acceptance by common carrier and safe delivery at destination. Containers and closuresshall comply with the Surface Transportation Board, Uniform Freight Classification Rules, orregulations of other carriers as applicable to the mode of transportation.

(b) On the front of the package, the Contractor shall clearly identify the contract number underwhich the product is being provided.

(c) Additional packaging and/or marking requirements are as follows: N/A.

NRCD020 BRANDING

The Contractor is required to use the statement below in any publications, presentations, articles,products, or materials funded under this contract/order, to the extent practical, in order to provideNRC with recognition for its involvement in and contribution to the project. If the work performed isfunded entirely with NRC funds, then the contractor must acknowledge that information in itsdocumentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Chief Human capitalOfficer (OCHCO), under Contract/order number GS-1 5F-0070K/NRC-HQ-84-15-T-0001.

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SECTION E - Inspection and Acceptance

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship,and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to theGovernment covering the services under this contract. Complete records of all inspectionwork performed by the Contractor shall be maintained and made available to theGovernment during contract performance and for as long afterwards as the contractrequires.

(c) The Government has the right to inspect and test all services called for by the contract,to the extent practicable at all times and places during the term of the contract. TheGovernment shall perform inspections and tests in a manner that will not unduly delay thework.

(d) If the Government performs inspections or tests on the premises of the Contractor or asubcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at noincrease in contract price, all reasonable facilities and assistance for the safe andconvenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government mayrequire the Contractor to perform the services again in conformity with contractrequirements, at no increase in contract amount. When the defects in services cannot becorrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that futureperformance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessaryaction to ensure future performance in conformity with contract requirements, theGovernment may -

(1) By contract or otherwise, perform the services and charge to the Contractor anycost incurred by the Government that is directly related to the performance of suchservice; or

(2) Terminate the contract for default.

52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT. (APR 1984)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship,and material furnished or used in performing services.

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(b) The Contractor shall provide and maintain an inspection system acceptable to theGovernment covering the services under this contract. Complete records of all inspectionwork performed by the Contractor shall be maintained and made available to theGovernment during contract performance and for as long afterwards as the contractrequires.

(c) The Government has the right to inspect and test all services called for by the contract, tothe extent practicable at all places and times during the term of the contract. TheGovernment shall perform inspections and tests in a manner that will not unduly delay thework.

(d) If any of the services performed do not conform with contract requirements, theGovernment may require the Contractor to perform the services again in conformity withcontract requirements, for no additional fee. When the defects in services cannot becorrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that futureperformance conforms to contract requirements; and

(2) Reduce any fee payable under the contract to reflect the reduced value of theservices performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessaryto ensure future performance in conformity with contract requirements, the Government may

(1) By contract or otherwise, perform the services and reduce any fee payable by anamount that is equitable under the circumstances; or

(2) Terminate the contract for default.

NRCE010 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

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

Contract Deliverables:1. Post Award Meeting (per SOW)2. Monthly Progress Reports (per SOW)3. Final Contract Report (per SOW)

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SECTION F - Deliveries or Performance

NRCF030C PERIOD OF PERFORMANCE ALTERNATE III

This contract shall commence on 01/01/2015 and will expire on 12/31/2015. The term of thiscontract may be extended at the option of the Government for an additional four (4) years, from1/01/2016 to 12/31/2019.

The term of this contract may be extended at the option of the Government for an additional six (6)months.

Base Period: 01/01/2015 - 12/31/2015

Option Period(s): 01/01/2016 - 12/31/201601/01/2017 - 12/31/201701/01/2018 - 12/31/201801/01/2019 - 12/31/2019

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SECTION G - Contract Administration Data

NRCG20 REGISTRATION IN FEDCONNECT® (JULY 2014)

The Nuclear Regulatory Commission (NRC) uses Compusearch Software Systems' secure andauditable two-way web portal, FedConnect®, to communicate with vendors and contractors.FedConnect® provides bi-directional communication between the vendor/contractor and the NRCthroughout pre-award, award, and post-award acquisition phases. Therefore, in order to dobusiness with the NRC, vendors and contractors must register to use FedConnect® athttps://www.fedconnect.net/FedConnect. The individual registering in FedConnect® must haveauthority to bind the vendor/contractor. There is no charge for using FedConnect®. Assistancewith FedConnect® is provided by Compusearch Software Systems, not the NRC. FedConnect®contact and assistance information is provided on the FedConnect® web site athttps://www.fedconnect.net/FedConnect .

NRCG030 ELECTRONIC PAYMENT (SEP 2014)

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

To receive payment, the contractor shall prepare invoices in accordance with NRC's BillingInstructions. Claims shall be submitted on the payee's letterhead, invoice, or on the Government'sStandard Form 1034, "Public Voucher for Purchases and Services Other than Personal," andStandard Form 1035, "Public Voucher for Purchases Other than Personal - Continuation Sheet."The preferred method of submitting invoices is electronically to: [email protected].

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SECTION H - Special Contract Requirements

2052.204-70 SECURITY. (OCT 1999)

(a) Security/Classification Requirements Form. The attached NRC Form 187 (See List ofAttachments) furnishes the basis for providing security and classification requirements to primecontractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractualrelationship that requires access to classified information or matter, access on a continuing basis (inexcess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRCphoto identification or card-key badges.

(b) It is the contractor's duty to safeguard National Security Information, Restricted Data, andFormerly Restricted Data. The contractor shall, in accordance with the Commission's securityregulations and requirements, be responsible for safeguarding National Security Information,Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage,loss, and theft, the classified documents and material in the contractor's possession in connectionwith the performance of work under this contract. Except as otherwise expressly provided in thiscontract, the contractor shall transmit to the Commission any classified matter in the possession of'the contractor or any person under the contractor's control in connection with performance of thiscontract upon completion or termination of this contract.

(1) The contractor shall complete a certificate of possession to be furnished to the Commission

specifying the classified matter to be retained if the retention is:

(i) Required after the completion or termination of the contract; and

(ii) Approved by the contracting officer.

(2) The certification must identify the items and types or categories of matter retained, theconditions governing the retention of the matter and their period of retention, if known. If theretention is approved by the contracting officer, the security provisions of the contract continue to beapplicable to the matter retained.

(c) In connection with the performance of the work under this contract, the contractor may befurnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privilegedtechnical, business, or financial information, including Commission plans, policies, reports, financialplans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other informationwhich has not been released to the public or has been determined by the Commission to beotherwise exempt from disclosure to the public. The contractor agrees to hold the information inconfidence and not to directly or indirectly duplicate, disseminate, or disclose the information, inwhole or in part, to any other person or organization except as necessary to perform the work underthis contract. The contractor agrees to return the information to the Commission or otherwisedispose of it at the direction of the contracting officer. Failure to comply with this clause is groundsfor termination of this contract.

(d) Regulations. The contractor agrees to conform to all security regulations and requirements ofthe Commission which are subject to change as directed by the NRC Division of Facilities andSecurity and the Contracting Officer. These changes will be under the authority of the FAR

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Changes clause referenced in Section I of this document.(e) Definition of National Security Information. As used in this clause, the term National SecurityInformation means information that has been determined pursuant to Executive Order 12958 or anypredecessor order to require protection against unauthorized disclosure and that is so designated.

(f) Definition of Restricted Data. As used in this clause, the term Restricted Data means all dataconcerning design, manufacture, or utilization of atomic weapons; the production of special nuclearmaterial; or the use of special nuclear material in the production of energy, but does not includedata declassified or removed from the Restricted Data category under to Section 142 of the AtomicEnergy Act of 1954, as amended.

(g) Definition of Formerly Restricted Data. As used in this clause the term Formerly Restricted Datameans all data removed from the Restricted Data category under Section 142-d of the AtomicEnergy Act of 1954, as amended.

(h) Security clearance personnel. The contractor may not permit any individual to have access toRestricted Data, Formerly Restricted Data, or other classified information, except in accordancewith the Atomic Energy Act of 1954, as amended, and the Commission's regulations orrequirements applicable to the particular type or category of classified information to which accessis required. The contractor shall also execute a Standard Form 312, Classified InformationNondisclosure Agreement, when access to classified information is required.

(i) Criminal liabilities. Disclosure of National Security Information, Restricted Data, and FormerlyRestricted Data relating to the work or services ordered hereunder to any person not entitled toreceive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any otherclassified matter that may come to the contractor or any person under the contractor's control inconnection with work under this contract, may subject the contractor, its agents, employees, orsubcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Actof 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12958.)

() Subcontracts and purchase orders. Except as otherwise authorized, in writing, by the contractingofficer, the contractor shall insert provisions similar to the foregoing in all subcontracts andpurchase orders under this contract.

(k) In performing contract work, the contractor shall classify all documents, material, and equipmentoriginated or generated by the contractor in accordance with guidance issued by the Commission.Every subcontract and purchase order issued under the contract that involves originating orgenerating classified documents, material, and equipment must provide that the subcontractor orsupplier assign the proper classification to all documents, material, and equipment in accordancewith guidance furnished by the contractor.

2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993)

During the life of this contract, the rights of ingress and egress for contractor personnel must bemade available as required. In this regard, all contractor personnel whose duties under this contractrequire their presence on-site shall be clearly identifiable by a distinctive badge furnished by theGovernment. The Project Officer shall assist the contractor in obtaining the badges for contractorpersonnel. It is the sole responsibility of the contractor to ensure that each employee has proper

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identification at all times. All prescribed identification must be immediately delivered to the SecurityOffice for cancellation or disposition upon the termination of employment of any contractorpersonnel. Contractor personnel shall have this identification in their possession during on-siteperformance under this contract. It is the contractor's duty to assure that contractor personnel enteronly those work areas necessary for performance of contract work and to assure the safeguardingof any Government records or data that contractor personnel may come into contact with.

2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT 1999)

(a) The following representation is required by the NRC Acquisition Regulation 2009.105-70(b). It isnot NRC policy to encourage offerors and contractors to propose current/former agency employeesto perform work under NRC contracts and as set forth in the above cited provision, the use of suchemployees may, under certain conditions, adversely affect NRC's consideration of non-competitiveproposals and task orders.

(b) There [] are [] are no current/former NRC employees (including special Government employeesperforming services as experts, advisors, consultants, or members of advisory committees) whohave been or will be involved, directly or indirectly, in developing the offer, or in negotiating onbehalf of the offeror, or in managing, administering, or performing any contract, consultantagreement, or subcontract resulting from this offer. For each individual so identified, the Technicaland Management proposal must contain, as a separate attachment, the name of the individual, theindividual's title while employed by the NRC, the date individual left NRC, and a brief description ofthe individual's role under this proposal.

2052.215-71 CONTRACTING OFFICER REPRESENTATIVE (COR) AUTHORITY. (OCT 1999) -ALTERNATE II (OCT 1999)

(a) The Contracting Officer's Authorized Representative, hereinafter referred to as the project

officer, for this contract is:

1. COR Name: Sandra Johnson

Address: Three White Flint North11601 Landsdown StreetNorth Bethesda, MD 20852

Email: Sandra.Johnson @ nrc.gov

Telephone Number: (301) 287-0722

(b) The project officer shall:

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

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

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(3) Review all contractor invoices/vouchers requesting payment for products/services provided

under the contract and make recommendations for approval, disapproval, or suspension.

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

*To be incorporated into any resultant contract

2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) - ALTERNATE I (OCT1999)

(a) Total expenditure for travel may not exceed $125,000.00, over the life of the contract without theprior approval of the contracting officer.

(b) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request forApproval of Official Foreign Travel, and must be in compliance with FAR 52.247-63 Preference forU.S. Flag Air Carriers. The contractor shall submit NRC Form 445 to the NRC no later than 30 daysprior to the commencement of travel.

(c) The contractor will be reimbursed only for travel costs incurred that are directly related to thiscontract and are allowable subject to the limitations prescribed in FAR 31.205-46.

(d) It is the responsibility of the contractor to notify the contracting officer in accordance with theFAR Limitations of Cost clause of this contract when, at any time, the contractor learns that travelexpenses will cause the contractor to exceed the travel ceiling amount identified in paragraph (a) ofthis clause.

(e) Reasonable travel costs for research and related activities performed at State and nonprofitinstitutions, in accordance with Section 12 of Pub. L. 100-679, must be charged in accordance withthe contractor's institutional policy to the degree that the limitations of Office of Management andBudget (OMB) guidance are not exceeded. Applicable guidance documents include OMB CircularA-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles forNonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.

NRCH020 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (SEP 2013)

The Contractor shall ensure that all its employees, subcontractor employees or consultants who areassigned to perform the work herein for contract performance for periods of more than 30 calendardays at NRC facilities, are approved by the NRC for unescorted NRC building access.

The Contractor shall conduct a preliminary federal facilities security screening interview or reviewfor each of its employees, subcontractor employees, and consultants and submit to the NRC onlythe names of candidates for contract performance that have a reasonable probability of obtainingapproval necessary for access to NRC's federal facilities. 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;

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(c) record of any military courts-martial convictions in the past ten (10) years; (d) illegal use ofnarcotics or other controlled substances possession in the past year, or illegal purchase,production, transfer, or distribution of narcotics or other controlled substances 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 anyinformation to mitigate the responses to items listed in (a) - (e)), and have the applicant verify thepre-screening record or review, sign and date it. Two (2) copies of the pre-screening signed recordor review shall be supplied to the Division of Facilities and Security, Personnel Security Branch(DFS/PSB) with the Contractor employee's completed building access application package.

The Contractor shall further ensure that its employees, any subcontractor employees andconsultants complete all building access security applications required by this clause within fourteen(14) calendar days of notification by DFS/PSB of initiation of the application process. Timely receiptof properly completed records of the Contractor's signed pre-screening record or review andbuilding access security applications (submitted for candidates that have a reasonable probability ofobtaining the level of access authorization necessary for access to NRC's facilities) is a contractrequirement. Failure of the Contractor to comply with this contract administration requirement maybe a basis to cancel the award, or terminate the contract for default, or offset from the contract'sinvoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening bythe Contractor. In the event of cancellation or termination, the NRC may select another firm forcontract award.

A Contractor, subcontractor employee or consultant shall not have access to NRC facilities untilhe/she is approved by DFS/PSB. Temporary access may be approved based on a favorable NRCreview and discretionary determination of their building access security forms. Final buildingaccess will be approved based on favorably adjudicated checks by the Government. However,temporary access approval will be revoked and the Contractor's employee may subsequently bedenied access in the event the employee's investigation cannot be favorably determined by theNRC. Such employee will not be authorized to work under any NRC contract requiring buildingaccess without the approval of DFS/PSB. When an individual receives final access, the individualwill be subject to a review or reinvestigation every five (5) or ten (10) years, depending on their jobresponsibilities 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 underthis contract. Individuals performing work under this contract at NRC facilities for a period of morethan 30 calendar days shall be required to complete and submit to the Contractor representative anacceptable OPM Standard Form 85 (Questionnaire for Non-Sensitive Positions), and two (2) FD258 (Fingerprint Charts). Non-U.S. citizens must provide official documentation to the DFS/PSB, asproof of their legal residency. This documentation can be a Permanent Resident Card, TemporaryWork Visa, Employment Authorization Card, or other official documentation issued by the U.S.Citizenship and Immigration Services. Any applicant with less than five (5) years residency in theU.S. will not be approved for building access. The Contractor shall submit the documents to theNRC 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 approvalto an individual based upon its review of the information contained in the OPM Standard Form 85and the Contractor's pre-screening record. Also, in the exercise of its authority, the Governmentmay, among other things, grant or deny permanent building access approval based on the results of

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its review or investigation. This submittal requirement also applies to the officers of the firm who,for any reason, may visit the NRC work sites for an extended period of time during the term of thecontract. 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 forassigning another individual to perform the necessary function without any delay in the contract'sperformance schedule, or without adverse impact to any other terms or conditions of the contract.The Contractor is responsible for informing those affected by this procedure of the required buildingaccess approval process (i.e., temporary and permanent determinations), and the possibility thatindividuals may be required to wait until permanent building access approvals are granted beforebeginning work in NRC's buildings.

CANCELLATION OR TERMINATION OF BUILDING ACCESS/ REQUEST

The Contractor shall immediately notify the COR when a Contractor or subcontractor employee orconsultant's need for NRC building access approval is withdrawn or the need by the Contractoremployee's for building access terminates. The COR will immediately notify DFS/PSB (via e-mail)when a Contractor employee no longer requires building access. The Contractor shall be requiredto return any NRC issued badges to the COR for return to DFS/FSB (Facilities Security Branch)within three (3) days after their termination.

NRCH030 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I ORLEVEL II ACCESS APPROVAL (SEP 2013)

The contractor must identify all individuals selected to work under this contract. The NRCContracting Officer's Representative (COR) shall make the final determination of the level, if any, ofIT access approval required for all individuals working under this contract/order using the followingguidance. The Government shall have full and complete control and discretion over granting,denying, withholding, or terminating IT access approvals for contractor personnel performing workunder this contract/order.

The contractor shall conduct a preliminary security interview or review for each employee requiringIT level I or II access and submit to the Government only the names of candidates that have areasonable probability of obtaining the level of IT access approval for which the employee has beenproposed. The contractor shall pre-screen its applicants 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 any military courts-martial convictions in the past ten (10) years; (d) illegal use ofnarcotics or other controlled substances possession in the past year, or illegal purchase,production, transfer, or distribution of narcotics or other controlled substances 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 anyinformation to mitigate the responses to items listed in (a) - (e)), and have the employee verify thepre-screening record or review, sign and date it. The contractor shall supply two (2) copies of thesigned contractor's pre-screening record or review to the NRC Contracting Officer's Representative(COR), who will then provide them to the NRC Office of Administration, Division of Facilities andSecurity, Personnel Security Branch with the employee's completed IT access application package.

The contractor shall further ensure that its personnel complete all IT access approval security

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applications required by this clause within fourteen (14) calendar days of notification by the NRCContracting Officer's Representative (COR) of initiation of the application process. Timely receipt ofproperly completed records of the pre-screening record and IT access approval applications(submitted for candidates that have a reasonable probability of obtaining the level of securityassurance 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 thecontract/order for cause, or offset from the contract's invoiced cost or price the NRC's incurred costsor 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 servicesrequiring direct access to or operate agency sensitive information technology systems or data (ITLevel I). The IT Level I involves responsibility for the planning, direction, and implementation of acomputer security program; major responsibility for the direction, planning, and design of acomputer system, including hardware and software; or the capability to access a computer systemduring 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 significant personal gain from computeraccess.

Contractor personnel shall not have access to sensitive information technology systems or datauntil they are approved by DFS/PSB and they have been so informed in writing by the NRCContracting Officer's Representative (COR). Temporary IT access may be approved by DFS/PSBbased on a favorable review or adjudication of their security forms and checks. Final IT accessmay be approved by DFS/PSB based on a favorably review or adjudication of a completedbackground investigation. However, temporary access authorization approval will be revoked andthe employee may subsequently be denied IT access in the event the employee's investigationcannot be favorably adjudicated. Such an employee will not be authorized to work under any NRCcontract/order requiring IT access without the approval of DFS/PSB, as communicated in writing tothe contractor by the NRC Contracting Officer's Representative (COR). Where temporary accessauthorization has been revoked or denied by DFS/PSB, the contractor shall assign anothercontractor employee to perform the necessary work under this contract/order without delay to thecontract/order performance schedule, or without adverse impact to any other terms or conditions ofthe contract/order. When an individual receives final IT access approval from DFS/PSB, theindividual will be subject to a reinvestigation every ten (10) years thereafter (assuming continuousperformance under contract/order at NRC) or more frequently in the event of noncontinuousperformance under contract/order at NRC.

CORs are responsible for submitting the completed access/clearance request package as well asother documentation that is necessary to DFS/PSB. The contractor shall submit a completedsecurity forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for NationalSecurity Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the individual beingauthorized 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 their legal residency. This documentation can be a Permanent Resident Card,Temporary Work Visa, Employment Authorization Card, or other official documentation issued bythe 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 I access. The Contractor shall submit thedocuments to the NRC Contracting Officer's Representative (COR) who will give them to DFS/PSB.

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The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSBreview of the contractor employee's security forms and/or the receipt of adverse information byNRC, the contractor individual may be denied access to NRC facilities and sensitive informationtechnology systems or data until a final determination is made by DFS/PSB and thereaftercommunicated to the contractor by the NRC Contracting Officer's Representative (COR) regardingthe contractor person's eligibility.

In accordance with NRCAR 2052.204-70 "Security," IT Level I contractors shall be subject to theattached NRC Form 187 and SF-86 which furnishes the basis for providing security requirements tocontractors that have or may have an NRC contractual relationship which requires access to oroperation of agency sensitive information technology systems or remote development and/oranalysis of sensitive information technology systems or data or other access to such systems anddata; access on a continuing basis (in excess more than 30 calendar days) to NRC buildings; orotherwise 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 analyzesensitive information 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 acomputer system and all other computer or IT positions.Contractor personnel shall not have access to sensitive information technology systems or data

until they are approved by DFS/PSB and they have been so informed in writing by the NRCContracting Officer's Representative (COR). Temporary access may be approved by DFS/PSBbased on a favorable review of their security forms and checks. Final IT access may be approvedby DFS/PSB based on a favorably adjudication. However, temporary access authorization approvalwill be revoked and the contractor employee may subsequently be denied IT access in the eventthe employee's investigation cannot be favorably adjudicated. Such an employee will not beauthorized to work under any NRC contract/order requiring IT access without the approval ofDFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officer'sRepresentative (COR). Where temporary access authorization has been revoked or denied byDFS/PSB, the contractor is responsible for assigning another contractor employee to perform thenecessary work under this contract/order without delay to the contract/order performance schedule,or without adverse impact to any other terms or conditions of the contract/order. When a contractoremployee receives final IT access approval from DFS/PSB, the individual will be subject to a reviewor reinvestigation every ten (10) years (assuming continuous performance under contract/order atNRC) or more frequently in the event of noncontinuous performance under contract/order at NRC.

CORs are responsible for submitting the completed access/clearance request package as well asother documentation that is necessary to DFS/PSB. The contractor shall submit a completedsecurity forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for NationalSecurity Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the contractor employeebeing authorized to perform work under this contract/order. Non-U.S. citizens must provide officialdocumentation to the DFS/PSB, as proof of their legal residency. This documentation can be aPermanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other officialdocumentation issued by the U.S. Citizenship and Immigration Services. Any applicant with lessthan seven (7) years residency in the U.S. will not be approved for IT Level II access. The

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Contractor shall submit the documents to the NRC Contracting Officer's Representative (COR) whowill give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, andlegible. Based on DFS/PSB review of the contractor employee's security forms and/or the receiptof 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/PSBregarding the contractor person's eligibility.

In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to theattached NRC Form 187, SF-86, and contractor's record of the pre-screening which furnishes thebasis for providing security requirements to contractors that have or may have an NRC contractualrelationship which requires access to or operation of agency sensitive information technologysystems or remote development and/or analysis of sensitive information technology systems ordata or other access to such systems or data; access on a continuing basis (in excess of more than30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.

CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST

When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notifythe NRC Contracting Officer's Representative (COR) by telephone so that the access review maybe promptly discontinued. The notification shall contain the full name of the contractor employeeand the date of the request. Telephone notifications must be promptly confirmed by the contractorin writing to the NRC Contracting Officer's Representative (COR), who will forward the confirmationto DFS/PSB. Additionally, the contractor shall immediately notify the NRC Contracting Officer'sRepresentative (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 or involuntary separation of employment of a contractor employee who hasbeen approved for or is being processed for IT access.

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

NRCH070 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY

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

1. See Section 9 of the Statement of Work entitled "Government Furnished Equipment/Property".

(b) The equipment/property listed below is hereby transferred from contract/agreement number:N/A

(c) Only the equipment/property listed above in the quantities shown will be provided by theGovernment. The contractor shall be responsible and accountable for all Government propertyprovided under this contract and shall comply with the provisions of the FAR Government PropertyClause under this contract and FAR Subpart 45.5, as in effect on the date of this contract. Thecontractor shall investigate and provide written notification to the NRC Contracting Officer (CO) andthe NRC Division of Facilities and Security, Physical Security Branch of all cases of loss, 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 ofthe police report must be provided to the CO and to the Division of Facilities and Security, Office of

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Administration.

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

NRCH130 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS CONVICTED OF DRUGTRAFFICKING OR POSSESSION

In the event that an award is made to an individual, Section 5301 of the Anti-Drug Abuse Act of1988 (P.L. 100-690), codified at 21 U.S.C. 862, authorizes denial of Federal benefits such asgrants, contracts, purchase orders, financial aid, and business and professional licenses toindividuals convicted of drug trafficking or possession.

NRCH310 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS

Annual and final evaluations of contractor performance under this contract will be prepared inaccordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near thetime the contractor is notified of the NRC's intent to exercise the contract option. If the multi-yearcontract does not have option years, then an annual evaluation will be prepared on or about thedate of award. Final evaluations of contractor performance will be prepared at the expiration of thecontract during the contract closeout process.

The Contracting Officer will transmit the NRC Contracting Officer's Representative's (COR) annualand final contractor performance evaluations to the contractor's Project Manager, unless otherwiseinstructed by the contractor. The contractor will be permitted thirty days to review the document andsubmit comments, rebutting statements, or additional information.

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

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

The completed annual performance evaluation will be used to support future award decisions inaccordance with FAR 42.1502 and 42.1503. During the period the information is being used toprovide source selection information, the completed annual performance evaluation will be releasedto only two parties - the Federal government personnel performing the source selection evaluationand the contractor under evaluation if the contractor does not have a copy of the report already.

NRCH330 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE

In accordance with Appendix Ill, "Security of Federal Automated Information Resources," to Officeof Management and Budget (OMB) Circular A-130, "Management of Federal Information

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Resources," NRC has established rules of behavior for individual users who access all ITcomputing resources maintained and operated by the NRC or on behalf of the NRC. In response tothe direction from OMB, NRC has issued the "Agency-wide Rules of Behavior for AuthorizedComputer Use" policy, hereafter referred to as the rules of behavior. The rules of behavior forauthorized computer use will be provided to NRC computer users, including contractor personnel,as part of the annual computer security awareness course.

The rules of behavior apply to all NRC employees, contractors, vendors, and agents (users) whohave access to any system operated by the NRC or by a contractor or outside entity on behalf ofthe NRC. This policy does not apply to licensees. The next revision of Management Directive 12.5,"NRC Automated Information Security Program," will include this policy. The rules of behavior canbe viewed at http://www.internal.nrc.gov/CSO/documents/ROB.pdf or use NRC's external Web-based ADAMS at http://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in theQuery box).

The rules of behavior are effective immediately upon acknowledgement of them by the person whois informed of the requirements contained in those rules of behavior. All current contractor usersare required to review and acknowledge the rules of behavior as part of the annual computersecurity awareness course completion. All new NRC contractor personnel will be required toacknowledge the rules of behavior within one week of commencing work under this contract andthen acknowledge as current users thereafter. The acknowledgement statement can be viewed athttp://www.internal.nrc.gov/CSO/documents/ROB Ack.pdf or use NRC's external Web-basedADAMS at http://wba.nrc.qov:8080/ves/ (Under Advanced Search, type ML082190730 in the Querybox).

The NRC Computer Security Office will review and update the rules of behavior annually beginningin FY 2011 by December 31st of each year. Contractors shall ensure that their personnel to whichthis requirement applies acknowledge the rules of behavior before beginning contract performanceand, if the period of performance for the contract lasts more than one year, annually thereafter.Training on the meaning and purpose of the rules of behavior can be provided for contractors uponwritten request to the NRC Contracting Officer's Representative (COR).

The contractor shall flow down this clause into all subcontracts and other agreements that relate toperformance of this contract/order if such subcontracts/agreements will authorize access to NRCelectronic and information technology (EIT) as that term is defined in FAR 2.101.

NRCH340 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS

NRC contractors are responsible to ensure that their alien personnel are not in violation of UnitedStates immigration laws and regulations, including employment authorization documents and visarequirements. Each alien employee of the Contractor must be lawfully admitted for permanentresidence as evidenced by Permanent Resident Form 1-551 (Green Card), or must present otherevidence from the U.S. Department of Homeland Security/U.S. Citizenship and ImmigrationServices that employment will not affect his/her immigration status. The U.S. Citizenship andImmigration Services provides information to contractors to help them understand the employmenteligibility verification process for non-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

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equipment/services, and/or take any number of contract administrative actions (e.g., disallow costs,terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.

NRCH380 SECURITY REQUIREMENTS FOR ACCESS TO CLASSIFIED MATTER ORINFORMATION (SEP 2013)

Performance under this contract will require access to classified matter or information (NationalSecurity Information or Restricted Data) in accordance with the attached NRC Form 187 (See Listof Attachments). Prime Contractor personnel, subcontractors or others performing work under thiscontract shall require a "Q" security clearance (allows access to Top Secret, Secret, andConfidential National Security Information and Restricted Data) or an "L" security clearance (allowsaccess to Secret and Confidential National Security Information and/or Confidential RestrictedData).

The Contractor must identify all individuals to work under this contract. The NRC sponsoring officeshall make the final determination of the type of security clearance required for all individualsworking under this contract.

The Contractor shall conduct a preliminary security interview or review for each of its employees,subcontractor employees and consultants, and submit to the Government only the names ofcandidates that have a reasonable probability of obtaining the level of security clearance for whichthe candidate has been proposed. The Contractor will pre-screen applicants for the following:

(a) pending criminal charges or proceedings; (b) felony arrest records including alcohol relatedarrest within the last seven (7) years; (c) record of any military courts-martial charges andproceedings in the last seven (7) years and courts-martial convictions in the last ten (10) years; (d)any involvement in hate crimes; (e) involvement in any group or organization that espouses extra-legal violence as a legitimate means to an end; (f) dual or multiple citizenship including the issuanceof a foreign passport in the last seven (7) years; (g) illegal use possession, or distribution ofnarcotics or other controlled substances within the last seven (7) years; (h) financial issuesregarding delinquent debts, liens, garnishments, bankruptcy and civil court actions in the last seven(7) years.

The Contractor will make a written record of their pre-screening interview or review (including anyinformation to mitigate the responses to items listed in (a) - (h)), and have the candidate verify therecord, sign and date it. Two (2) copies of the signed interview record or review will be supplied toDFS/PSB with the applicant's completed security application package.

The Contractor will further ensure that all Contractor employees, subcontractor employees andconsultants for classified information access approval complete all security applications required bythis clause within fourteen (14) calendar days of notification by DFS/PSB of initiation of theapplication process. Timely receipt of properly completed security applications (submitted forcandidates that have a reasonable probability of obtaining the level of security clearance for whichthe candidate has been proposed) is a contract requirement. Failure of the Contractor to complywith this condition may be a basis to cancel the award, or terminate the contract for default, or offsetfrom the contract's invoiced cost or price the NRC's incurred costs or delays as a result ofinadequate pre-screening by the Contractor. In the event of termination or cancellation, theGovernment may select another firm for contract award.

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Such Contractor personnel shall be subject to the NRC Contractor personnel security requirementsof NRC Management Directive (MD) 12.3, Part I and 10 CFR Part 10.11, which is herebyincorporated by reference and made a part of this contract as though fully set forth herein, and willrequire a favorably adjudicated Single Scope Background Investigation (SSBI) for "Q" clearances ora favorably adjudicated Access National Agency Check and Inquiries (ANACI), or higher levelinvestigation depending on the position the individual will occupy, for "L" clearances.

A Contractor employee shall not have access to classified information until he/ she is granted asecurity clearance by DFS/PSB, based on a favorably adjudicated investigation. In the event theContractor employee's investigation cannot be favorably adjudicated, any interim access approvalcould possibly be revoked and the individual could be subsequently removed from performing underthe contract. If interim approval access is revoked or denied, the Contractor is responsible forassigning another individual to perform the necessary work under this contract without delay to thecontract's performance schedule, or without adverse impact to any other terms or conditions of thecontract. The individual will be subject to a reinvestigation every five (5) years for "Q" clearancesand every ten (10) years for "L" clearances.

CORs are responsible for submitting the completed access/clearance request package as well asother documentation that is necessary to DFS/PSB. The contractor shall submit a completedsecurity forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for NationalSecurity Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD258 fingerprint charts, to DFS/PSB for review and adjudication, prior to submission to the Office ofPersonnel Management for investigation. The individual may start working under this contractbefore a final clearance is granted if a temporary access determination can be made by DFS/PSBafter the review of the security package. If the individual is granted a temporary accessauthorization, the individual may not have access to classified information under this contract untilDFS/PSB has granted them the appropriate security clearance, and the Contractor has read,understood, and signed the SF 312, "Classified Information Nondisclosure Agreement." TheContractor shall assure that all forms are accurate, complete, and legible (except for Part 2 of thequestionnaire, which is required to be completed in private and submitted by the individual to theContractor in a sealed envelope), as set forth in NRC MD 12.3. Based on DFS/PSB review of theapplicant's investigation, the individual may be denied his/her security clearance in accordance withthe due process procedures set forth in MD 12.3, E.O. 12968, and 10 CFR Part 10.11.

In accordance with NRCAR 2052.204-70 cleared Contractors shall be subject to the attached NRCForm 187 (See Section J for List of Attachments), MD 12.3, SF- 86 and Contractor's signed recordor review of the pre-screening which furnishes the basis for providing security requirements toprime Contractors, subcontractors or others who have or may have an NRC contractual relationshipwhich requires access to classified information.

CANCELLATION OR TERMINATION OF SECURITY CLEARANCE ACCESS/REQUEST

When a request for clearance investigation is to be withdrawn or canceled, the Contractor shallimmediately notify the COR by telephone so that the investigation may be promptly discontinued.The notification shall contain the full name of the individual, and the date of the request. Telephonenotifications must be promptly confirmed in writing by the Contractor to the COR who will forwardthe confirmation via email to DFS/PSB. Additionally, DFS/PSB must be immediately notified inwriting when an individual no longer requires access to Government classified information, includingthe voluntary or involuntary separation of employment of an individual who has been approved foror is being processed for access under the NRC "Personnel Security Program."

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NRCH390 NRC INFORMATION TECHNOLOGY SECURITY

NRC contractors shall ensure that their employees, consultants, and subcontractors with access tothe agency's information technology (IT) equipment and/or IT services complete NRC's online initialand refresher IT security training requirements to ensure that their knowledge of IT threats,vulnerabilities, and associated countermeasures remains current. Both the initial and refresher ITsecurity training courses generally last an hour or less and can be taken during the employee'sregularly scheduled work day.

Contractor employees, consultants, and subcontractors shall complete the NRC's online annual,"Computer Security Awareness" course on the same day that they receive access to the agency'sIT equipment and/or services, as their first action using the equipment/service. For those contractoremployees, consultants, and subcontractors who are already working under this contract, the on-line training must be completed in accordance with agency Network Announcements issuedthroughout the year, within three weeks of issuance of this modification.

Contractor employees, consultants, and subcontractors who have been granted access to NRCinformation technology equipment and/or IT services must continue to take IT security refreshertraining offered online by the NRC throughout the term of the contract. Contractor employees willreceive notice of NRC's online IT security refresher training requirements through agency-widenotices.

The NRC reserves the right to deny or withdraw Contractor use or access to NRC IT equipmentand/or services, and/or take other appropriate contract administrative actions (e.g.,;disallow costs,terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.

NRCH400 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORT(S) OR

THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS

Review and Approval of Reports

(a) Reporting Requirements. The contractor/grantee shall comply with the terms and conditions ofthe contract/grant regarding the contents of the draft and final report, summaries, data, and relateddocuments, to include correcting, deleting, editing, revising, modifying, formatting, andsupplementing any of the information contained therein, at no additional cost to the NRC.Performance under the contract/grant will not be deemed accepted or completed until it complieswith the NRC's directions. The reports, summaries, data, and related documents will be considereddraft until approved by the NRC. The contractor/grantee agrees that the direction, determinations,and decisions on approval or disapproval of reports, summaries, data, and related documentscreated under this contract/grant remain solely within the 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, thecontractor/grantee shall submit them to the NRC for review and approval. The contractor/ granteeshall not release, disseminate, display or publish articles, reports, summaries, data, and relateddocuments, or the contents therein, that have not been reviewed and approved by the NRC forrelease, display, dissemination or publication. The contractor/grantee agrees to conspicuouslyplace any disclaimers, markings or notices, directed by the NRC, on any articles, reports,summaries, data, and related documents that the contractor/grantee intends to release, display,

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disseminate or publish to other persons, the public, or any other entities. The contractor/granteeagrees, and grants, a royalty-free, nonexclusive, irrevocable worldwide license to the government,to use, reproduce, modify, distribute, prepare derivative works, release, display or disclose thearticles, reports, summaries, data, and related documents developed under the contract/grant, forany governmental purpose and to have or authorize others to do so.

(c) Identification/Marking of Sensitive Unclassified Non-Safeguards Information (SUNSI) andSafeguards Information (SGI). The decision, determination, or direction by the NRC that informationpossessed, formulated or produced by the contractor/grantee constitutes SUNSI or SGI is solelywithin the authority and discretion of the NRC. In performing the contract/grant, thecontractor/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 written information, as directed by the NRC. In addition to marking the information asdirected by the NRC, the contractor shall use the applicable NRC cover sheet (e.g., NRC Form 461Safeguards Information) in maintaining these records and documents. The contractor/grantee shallensure that SUNSI and SGI is handled, maintained and protected from unauthorized 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 AtomicEnergy Act of 1954 as amended, its implementing regulations (10 CFR 73.21), SensitiveUnclassified Non-Safeguards and Safeguards Information policies, and NRC ManagementDirectives and Handbooks 12.5, 12.6 and 12.7.

(d) Remedies. In addition to any civil, criminal, and contractual remedies available under theapplicable laws and regulations, 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 thecontractor/grantee.

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

NRCH410 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR ANDSUBCONTRACTOR EMPLOYEES

(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject tothe Whistleblower Employee Protection public law provisions as codified at 42 U.S.C. 5851. NRCcontractor(s) and subcontractor(s) shall comply with the requirements of this WhistleblowerEmployee Protection law, and the implementing regulations of the NRC and the Department ofLabor (DOL). See, for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24concerning the employer obligations, prohibited acts, DOL procedures and the requirement forprominent 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, NRCcontractor and subcontractor employees are protected from discharge, reprisal, threats,intimidation, coercion, blacklisting or other employment discrimination practices with respect tocompensation, terms, conditions or privileges of their employment because the contractor orsubcontractor employee(s) has provided notice to the employer, refused to engage in unlawful

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practices, assisted in proceedings or testified on activities concerning alleged violations of theAtomic 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.

NRCH420 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS(SEP 2013)

Prior to occupying any Government provided space at NRC Headquarters in Rockville Maryland,the Contractor shall obtain written authorization to occupy specifically designated governmentspace, via the NRC Contracting Officer's Representative (COR), from the Chief, Space DesignBranch, Office of Administration. Failure to obtain this prior authorization can result in one, or acombination, 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

NRCH430 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEARFACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, ORPERFORMING IN SPECIALLY SENSITIVE POSITIONS

All contractor employees, subcontractor employees, and consultants proposed for performance orperforming under this contract shall be subject to pre-assignment, random, reasonable suspicion,and post-accident drug testing applicable to: (1) individuals who require unescorted access tonuclear power plants, (2) individuals who have access to classified or safeguards information, (3)individuals who are required to carry firearms in performing security services for the NRC, (4)individuals who are required to operate government vehicles or transport passengers for the NRC,(5) individuals who are required to operate hazardous equipment at NRC facilities; or (6) individualswho admit to recent illegal drug use or those who are found through other means to be using drugsillegally. The Plan includes a contractor's employees and their subcontractors are subject to theprocedures and terms of their employment agreements with their employer.

The NRC Drug Program Manager will schedule the drug testing for all contractor employees,subcontractor employees, and consultants who are subject to testing under this clause. Any NRCcontractor found to be using, selling, or possessing illegal drugs, or any contractor with a verifiedpositive drug test result under this program while in a duty status will immediately be removed fromworking under the NRC contract. The contractor's employer will be notified of the denial orrevocation of the individual's authorization to have access to information and ability to performunder the contract. The individual may not work on any NRC contract for a period of not less thanone year from the date of the failed drug test and will not be considered for reinstatement unlessevidence of rehabilitation, as determined by the NRC "drug testing contractor's" Medical ReviewOfficer, is provided.

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Contractor drug testing records are protected under the NRC Privacy Act Systems of Records,System 35, "Drug Testing Program Records - NRC" found at: http://www.nrc.gov/reading-rm/foia/privacy-systems.html

NRCH440 CONTRACTOR RESPONSIBILITY FOR PROTECTING PERSONALLY IDENTIFIABLEINFORMATION (PII)

In accordance with the Office of Management and Budget's guidance to Federal agencies and theNuclear Regulatory Commission's (NRC) implementing policy and procedures, a contractor(including subcontractors and contractor employees), who performs work on behalf of the NRC, isresponsible for protecting, from unauthorized access or disclosure, personally identifiableinformation (PII) 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 P11, whether provided to the contractor bythe NRC or developed, maintained, collected, used, or disseminated by the contractor during thecourse of contract performance, must comply with the following requirements:

(1) General. In addition to implementing the specific requirements set forth in this clause, thecontractor must adhere to all other applicable NRC guidance, policy and requirements for thehandling and protection of NRC owned or controlled PII. The contractor is responsible for makingsure that it has an adequate understanding of such guidance, policy and requirements.

(2) Use, Ownership, and Nondisclosure. A contractor may use NRC owned or controlled P11 solelyfor purposes of this contract, and may not collect or use such PII for any purpose outside thecontract without the prior written approval of the NRC Contracting Officer. The contractor mustrestrict access to such information to only those contractor employees who need the information toperform work under this contract, and must ensure that each such contractor employee (includingsubcontractors' employees) signs a nondisclosure agreement, in a form suitable to the NRCContracting Officer, prior to being granted access to the information. The NRC retains soleownership and rights to its P11. Unless the contract states otherwise, upon completion of thecontract, the contractor must turn over all P11 in its possession to the NRC, and must certify inwriting that it has not retained any NRC owned or controlled P11 except as otherwise authorized inwriting by the NRC Contracting Officer.

(3) Security Plan. When applicable, and unless waived in writing by the NRC Contracting Officer,the contractor must work with the NRC to develop and implement a security plan setting forthadequate procedures for the protection of NRC owned or controlled P11 as well as the procedureswhich the contractor must follow for notifying the NRC in the event of any security breach. The planwill be incorporated into the contract and must be implemented and followed by the contractor onceit 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 NRCContracting Officer within 30 days after contract award.

(4) Breach Notification. The contractor must immediately notify the NRC Contracting Officer andthe NRC Contracting Officer's Representative (COR) upon discovery of any suspected or confirmedbreach in the security of NRC owned or controlled P11.

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(5) Legal Demands for Information. If a legal demand is made for NRC owned or controlled P11(such as by subpoena), the contractor must immediately notify the NRC Contracting Officer and theNRC Contracting Officer's Representative (COR). After notification, the NRC will determinewhether and to what extent to comply with the legal demand. The Contracting Officer will thennotify the contractor in writing of the determination and such notice will indicate the extent ofdisclosure 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 through the use of online compliance software.

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

(8) Remedies:

(a) The contractor is responsible for implementing and maintaining adequate security controls toprevent the loss of control or unauthorized disclosure of NRC owned or controlled P11 in itspossession. Furthermore, the contractor is responsible for reporting any known or suspected lossof control or unauthorized access to P11 to the NRC in accordance with the provisions set forth inArticle 4 above.

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

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

NRCH470 GREEN PURCHASING (SEP 2013)

(a) In furtherance of the sustainable acquisition goals included in Executive Order 13514, "FederalLeadership in Environmental, Energy, and Economic Performance," products and services acquiredunder this contract/order shall be energy-efficient (Energy Star or Federal Energy ManagementProgram (FEMP) designated), water-efficient, biobased, environmentally preferable (e.g., ElectronicProduct Environmental Assessment Tool (EPEAT) certified), non-ozone depleting, recycled content,and non-toxic or less toxic alternatives, to the maximum extent practicable in meeting NRCcontractual requirements.

(b) See NRC's Green Purchasing Plan (GPP) at:http://pbadupws.nrc.gov/docs/ML1219//ML12191Al30.pdf and the General ServiceAdministration's (GSA) Green Procurement Compilation at:http://www.gsa.gov/portal/content/198257.

(c) The contractor shall flow down this clause into all subcontracts and other agreements that relateto performance of this contract/order.

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NRCH480 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONICPAYMENT/REMITTANCE ADDRESS

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

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SECTION I - Contract Clauses

52.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993)

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:

(1) Is not placed in a conflicting role because of current or planned interests (financial,contractual, organizational, or otherwise) which relate to the work under this contract; and

(2) Does not obtain an unfair competitive advantage over other parties by virtue of itsperformance of this contract.

(b) Scope. The restrictions described apply to performance or participation by the contractor, asdefined in 48 CFR 2009.570-2 in the activities covered by this clause.

(c) Work for others.

(1) Notwithstanding any other provision of this contract, during the term of this contract, thecontractor agrees to forego entering into consulting or other contractual arrangements with any firmor organization the result of which may give rise to a conflict of interest with respect to the workbeing performed under this contract. The contractor shall ensure that all employees under thiscontract abide by the provision of this clause. If the contractor has reason to believe, with respectto itself or any employee, that any proposed consultant or other contractual arrangement with anyfirm or organization may involve a potential conflict of interest, the contractor shall obtain the writtenapproval of the contracting officer before the execution of such contractual arrangement.

(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicantundergoing an NRC audit, inspection, or review where the activities that are the subject of the audit,inspection, or review are the same as or substantially similar to the services within the scope of thiscontract (or task order as appropriate) except where the NRC licensee or applicant requires thecontractor's support to explain or defend the contractor's prior work for the utility or other entitywhich NRC questions.

(3) When the contractor performs work for the NRC under this contract at any NRC licensee orapplicant site, the contractor shall neither solicit nor perform work in the same or similar technicalarea for that licensee or applicant organization for a period commencing with the award of the taskorder or beginning of work on the site (if not a task order contract) and ending one year aftercompletion of all work under the associated task order, or last time at the site (if not a task ordercontract).

(4) When the contractor performs work for the NRC under this contract at any NRC licensee orapplicant site,

(i) The contractor may not solicit work at that site for that licensee or applicant during theperiod of performance of the task order or the contract, as appropriate.

(ii) The contractor may not perform work at that site for that licensee or applicant during theperiod of performance of the task order or the contract, as appropriate, and for one year thereafter.

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(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor tosolicit or perform this type of work (except work in the same or similar technical area) if thecontracting officer determines that the situation will not pose a potential for technical bias or unfaircompetitive advantage.

(d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwiseset forth in this contract, that it does not have any organizational conflicts of interest as defined in48 CFR 2009.570-2.

(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest withrespect to this contract, it shall make an immediate and full disclosure in writing to the contractingofficer. This statement must include a description of the action which the contractor has taken orproposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contractif termination is in the best interest of the Government.

(3) It is recognized that the scope of work of a task-order-type contract necessarilyencompasses a broad spectrum of activities. Consequently, if this is a task-order-type contract, thecontractor agrees that it will disclose all proposed new work involving NRC licensees or applicantswhich comes within the scope of work of the underlying contract. Further, if this contract involveswork at a licensee or applicant site, the contractor agrees to exercise diligence to discover anddisclose any new work at that licensee or applicant site. This disclosure must be made before thesubmission of a bid or proposal to the utility or other regulated entity and must be received by theNRC at least 15 days before the proposed award date in any event, unless a written justificationdemonstrating urgency and due diligence to discover and disclose is provided by the contractor andapproved by the contracting officer. The disclosure must include the statement of work, the dollarvalue of the proposed contract, and any other documents that are needed to fully describe theproposed work for the regulated utility or other regulated entity. NRC may deny approval of thedisclosed work only when the NRC has issued a task order which includes the technical area and, ifsite-specific, the site, or has plans to issue a task order which includes the technical area and, ifsite-specific, the site, or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.

(e) Access to and use of information.

(1) If in the performance of this contract, the contractor obtains access to information, such asNRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552(1986)), the contractor agrees not to:

(i) Use this information for any private purpose until the information has been released to thepublic;

(ii) Compete for work for the Commission based on the information for a period of six monthsafter either the completion of this contract or the release of the information to the public, whicheveris first;

(iii) Submit an unsolicited proposal to the Government based on the information until one yearafter the release of the information to the public; or

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(iv) Release the information without prior written approval by the contracting officer unless theinformation has previously been released to the public by the NRC.

(2) In addition, the contractor agrees that, to the extent it receives or is given access toproprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or theFreedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privilegedtechnical, business, or financial information under this contract, the contractor shall treat theinformation in accordance with restrictions placed on use of the information.

(3) Subject to patent and security provisions of this contract, the contractor shall have the rightto use technical data it produces under this contract for private purposes provided that allrequirements of this contract have been met.

(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include thisclause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, andcontracting officer, must be appropriately modified to preserve the Government's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure ormisrepresentation of any relevant interest required to be disclosed concerning this contract or forsuch erroneous representations that necessarily imply bad faith, the Government may terminate thecontract for default, disqualify the contractor from subsequent contractual efforts, and pursue otherremedies permitted by law or this contract.

(h) Waiver. A request for waiver under this clause must be directed in writing to the contractingofficer in accordance with the procedures outlined in 48 CFR 2009.570-9.

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts,subcontracts, or proposals therefore (solicited or unsolicited), which stem directly from thecontractor's performance of work under this contract. Furthermore, unless so directed in writing bythe contracting officer, the contractor may not perform any technical consulting or managementsupport services work or evaluation activities under this contract on any of its products or servicesor the products or services of another firm if the contractor has been substantially involved in thedevelopment or marketing of the products or services.

(1) If the contractor, under this contract, prepares a complete or essentially complete statementof work or specifications, the contractor is not eligible to perform or participate in the initialcontractual effort which is based on the statement of work or specifications. The contractor may notincorporate its products or services in the statement of work or specifications unless so directed inwriting by the contracting officer, in which case the restrictions in this paragraph do not apply.

(2) Nothing in this paragraph precludes the contractor from offering or selling its standardcommercial items to the Government.

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (MAY 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance thoseitems that conform to the requirements of this contract. The Government reserves theright to inspect or test any supplies or services that have been tendered for

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acceptance. The Government may require repair or replacement of nonconformingsupplies or reperformance of nonconforming services at no increase in contract price.It repair/replacement or reperformance will not correct the defects or is not possible,the Government may seek an equitable price reduction or adequate consideration foracceptance of nonconforming supplies or services. The Government must exercise itspostacceptance rights (1) Within a reasonable time after the defect was discovered orshould have been discovered; and (2) Before any substantial change occurs in thecondition of the item, unless the change is due to the defect in the item.

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

(c) Changes. Changes in the terms and conditions of this contract may be made onlyby written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.Failure of the parties to this contract to reach agreement on any request for equitableadjustment, claim, appeal or action arising under or relating to this contract shall be adispute 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 withperformance of this contract, pending final resolution of any dispute arising under thecontract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformanceis caused by an occurrence beyond the reasonable control of the Contractor andwithout its fault or negligence such as, acts of God or the public enemy, acts of theGovernment in either its sovereign or contractual capacity, fires, floods, epidemics,quarantine restrictions, strikes, unusually severe weather, and delays of commoncarriers. The Contractor shall notify the Contracting Officer in writing as soon as it isreasonably possible after the commencement of any excusable delay, setting forththe full particulars in connection therewith, shall remedy such occurrence with allreasonable dispatch, and shall promptly give written notice to the Contracting Officerof the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (orelectronic invoice, if authorized) to the address designated in the contract to receiveinvoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

(v) Shipping number and date of shipment, including the bill of ladingnumber and weight of shipment if shipped on Government bill oflading;

(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 ofdefective invoice; and

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

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

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

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

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

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

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

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(i) Payment- (1) Items accepted. Payment shall be made for items accepted by theGovernment that have been delivered to the delivery destinations set forth in thiscontract.

(2) Prompt payment. The Government will make payment in accordance withthe Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at5 CFR part 1315.

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

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

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

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

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

(B) Affected contract number and delivery order number, ifapplicable;

(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 tothe Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to theGovernment under this contract shall bear simple interest from the date dueuntil paid unless paid within 30 days of becoming due. The interest rate shallbe the interest rate established by the Secretary of the Treasury as providedin 41 U.S.C. 7109, which is applicable to the period in which the amountbecomes due, as provided in (i)(6)(v) of this clause, and then at the rateapplicable for each six-month period as fixed by the Secretary until theamount is paid.

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

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

(A) The Contracting Officer and the Contractor are unable toreach agreement on the existence or amount of a debt within30 days;

(B) The Contractor fails to liquidate a debt previouslydemanded by the Contracting Officer within the timelinespecified in the demand for payment unless the amounts werenot repaid because the Contractor has requested aninstallment payment agreement; or

(C) The Contractor requests a deferment of collection on adebt previously demanded by the Contracting Officer (see32.607-2).

(iv) If a demand for payment was previously issued for the debt, thedemand for payment included in the final decision shall identify thesame 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, includingany demand for payment resulting from a default termination.

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

(A) The date on which the designated office receives paymentfrom the Contractor;

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

(C) The date on which an amount withheld and applied to thecontract debt would otherwise have become payable to theContractor.

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

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(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss ordamage to the supplies provided under this contract shall remain with the Contractoruntil, 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 inthe contract, if transportation is f.o.b. destination.

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

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

(m) Termination for cause. The Government may terminate this contract, or any parthereof, for cause in the event of any default by the Contractor, or if the Contractorfails to comply with any contract terms and conditions, or fails to provide theGovernment, upon request, with adequate assurances of future performance. In theevent of termination for cause, the Government shall not be liable to the Contractorfor any amount for supplies or services not accepted, and the Contractor shall beliable 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, suchtermination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees tocomply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds toinfluence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit;40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblowerprotections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating toprocurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall beresolved by giving precedence in the following order: (1) The schedule ofsupplies/services; (2) The Assignments, Disputes, Payments, Invoice, OtherCompliances, Compliance with Laws Unique to Government Contracts, andUnauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5; (4)Addenda to this solicitation or contract, including any license agreements forcomputer software; (5) Solicitation provisions if this is a solicitation; (6) Otherparagraphs of this clause; (7) The Standard Form 1449; (8) Other documents,exhibits, and attachments; and (9) The specification.

(t) System for Award Management (SAM) (1) Unless exempted by an addendum tothis contract, the Contractor is responsible during performance and through finalpayment of any contract for the accuracy and completeness of the data within theSAM database, and for any liability resulting from the Government's reliance oninaccurate or incomplete data. To remain registered in the SAM database after theinitial registration, the Contractor is required to review and update on an annual basisfrom the date of initial registration or subsequent updates its information in the SAMdatabase to ensure it is current, accurate and complete. Updating information in theSAM does not alter the terms and conditions of this contract and is not a substitute fora properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing businessas" name, or division name (whichever is shown on the contract), or hastransferred the assets used in performing the contract, but has not completedthe necessary requirements regarding novation and change-of-nameagreements in FAR subpart 42.12, the Contractor shall provide theresponsible Contracting Officer a minimum of one business day's writtennotification of its intention to (A) change the name in the SAM database; (B)comply with the requirements of subpart 42.12; and (C) agree in writing to thetimeline and procedures specified by the responsible Contracting Officer. TheContractor must provide with the notification sufficient documentation tosupport the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph(t)(2)(i) of this clause, or fails to perform the agreement at paragraph(t)(2)(i)(C) of this clause, and, in the absence of a properly executednovation or change-of-name agreement, the SAM information that

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shows the Contractor to be other than the Contractor indicated in thecontract will be considered to be incorrect information within themeaning of the "Suspension of Payment" paragraph of the electronicfunds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments ormanual payments, as appropriate, in the SAM record to reflect an assignee forthe purpose of assignment of claims (see Subpart 32.8, Assignment ofClaims). Assignees shall be separately registered in the SAM database.Information provided to the Contractor's SAM record that indicates payments,including those made by EFT, to an ultimate recipient other than thatContractor will be considered to be incorrect information within the meaning ofthe "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration andannual confirmation requirements via SAM accessed throughhttps://www.acquisition.gov.

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause,when any supply or service acquired under this contract is subject to any End UserLicense Agreement (EULA), Terms of Service (TOS), or similar legal instrument oragreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss orliability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), thefollowing shall govern:

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

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

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

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS - COMMERCIAL ITEMS. (NOV 2013) - ALTERNATE II (NOV 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)

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clauses, which are incorporated in this contract by reference, to implement provisions of lawor Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (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 theContracting Officer has indicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable to acquisitions of commercialitems: (Contracting Officer check as appropriate.)

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

[] (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 andReinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies tocontracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204-10, Reporting Executive Compensation and First-Tier SubcontractAwards (JUL 2013)(Pub. L. 109-282)(31 U.S.C. 6101 note).

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

[] (6) 52.209-6, Protecting the Government's Interest When Subcontracting withContractors Debarred, Suspended, or Proposed for Debarment. (AUG, 2013) (31U.S.C. 6101 note).

[] (7) 52.209-9, Updates of Publicly Available Information Regarding ResponsibilityMatters (JUL 2013) (41 U.S.C. 2313).

[1 (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations(MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C ofPub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 ofDivision D of Pub. L. 110-161).

[1 (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15U.S.C. 657a).

1] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small BusinessConcerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicatein its offer) (15 U.S.C. 657a).

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[](11) (Reserved)

[](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 (JUN 2003) (15 U.S.C.644).

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

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

[1(14) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)).

[I (15)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (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.

[1(16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

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

[1(18) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.637(d)(4)(F)(i)).

[] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small DisadvantagedBusiness Concerns (OCT 2008) (10 U.S.C. 2323)(if the off eror elects to waive theadjustment, it shall so indicate in its offer.)

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

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

[] (21) 52.219-26, Small Disadvantaged Business Participation Program-IncentiveSubcontracting (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).

[] (23) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013)

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(15 U.S.C. 632(a)(2)).

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

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

[1(26) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV2013) (E.O. 13126).

[1(28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

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

[1(30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[1(31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29U.S.C. 793).

[1(32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

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

[] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order12989). (Not applicable to the acquisition of commercially available off-the-shelfitems or certain other types of commercial items as prescribed in 22.1803.)

[I (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 theacquisition of commercially available off-the-shelf items.)

[](ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Notapplicable to the acquisition of commercially available off-the-shelf items.)

[1(36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42U.S.C. 8259b).

[] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment ofPersonal Computer Products (DEC 2007) (E.O. 13423).

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

[x] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging WhileDriving (AUG 2011).

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

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(](40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

[](iv) Alternate III (NOV 2012) of 52.225-3.

[1(41) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.3301 note).

[1 (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s,proclamations, and statutes administered by the Office of Foreign Assets Control ofthe Department of the Treasury.

[] (43) 52.225-26, Contractors Performing Private Security Functions Outside theUnited States (JUL 2013) (Section 862, as amended, of the National DefenseAuthorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

[] (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[] (47) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41U.S.C. 255(f), 10 U.S.C. 2307(f)).

[] (48) 52.232-33, Payment by Electronic Funds Transfer - System for AwardManagement (JUL 2013) (31 U.S.C. 3332).

[x] (49) 52.232-34, Payment by Electronic Funds Transfer - Other than System forAward Management (JUL 2013) (31 U.S.C. 3332).

[1(50) 52.232-36, Payment by Third Party (JUL 2013) (31 U.S.C. 3332).

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

[](52)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels(FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[x] (1) 52.222-41, Service Contract Act of 1965 "(NOV 2007)" (41 U.S.C. 351, etseq.).

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

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-PriceAdjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41U.S.C. 351, et seq.).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-PriceAdjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contractsfor Maintenance, Calibration, or Repair of Certain Equipment-Requirements "(NOV2007)" (41 U.S.C. 351, et seq.).

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

[1(7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

[1(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR2009) (Pub. L. 110-247).

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

(d)(1) The Comptroller General of the United States, an appropriate Inspector Generalappointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or anauthorized representative of either of the foregoing officials shall have access to and rightto-

(i) Examine any of the Contractor's or any subcontractors' records that pertainto, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of thisclause, the Contractor is not required to flow down any FAR clause in a subcontract forcommercial items, other than-

(i) Paragraph (d) of this clause. This paragraph flows down to allsubcontracts, except the authority of the Inspector General under paragraph(d)(1)(ii) does not flow down; and

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(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicatedbelow, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (APR2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the AmericanRecovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 ofPub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15U.S.C. 637(d)(2) and (3)), in all subcontracts that offer furthersubcontracting opportunities. If the subcontract (except subcontractsto small business concerns) exceeds $650,000 ($1.5 million forconstruction of any public facility), the subcontractor must include52.219-8 in lower tier subcontracts that offer subcontractingopportunities.

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

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

(F) 52.222-36, Affirmative Action for Workers with Disabilities (OCT2010) (29 U.S.C. 793).

(G) 52.222-40, Notification of Employee Rights Under the NationalLabor Relations Act (DEC 2010) (E.O. 13496). Flow down required inaccordance with paragraph (f) of FAR clause 52.222-40.

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

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

(J) 52.222-51, Exemption from Application of the Service Contract Actto Contracts for Maintenance, Calibration, or Repair of CertainEquipment-Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

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

(L) 52.222-54, Employment Eligibility Verification (AUG 2013).

(M) 52.226-6, Promoting Excess Food Donation to NonprofitOrganizations. (MAR 2009) (Pub. L. 110-247). Flow down required inaccordance with paragraph (e) of FAR clause 52.226-6.

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(N) 52.247-64, Preference for Privately Owned U.S.-Flag CommercialVessels (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.

52.216-1 TYPE OF CONTRACT. (APR 1984)

The Government contemplates award of a Firm Fixed Labor Rate and Labor Hour Rate contractresulting from this solicitation.

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

The Government may require continued performance of any services within the limits and at therates specified in the contract. These rates may be adjusted only as a result of revisions toprevailing labor rates provided by the Secretary of Labor. The option provision may be exercisedmore than once, but the total extension of performance hereunder shall not exceed 6 months. TheContracting Officer may exercise the option by written notice to the Contractor within 30 days.

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 within30 days; provided that the Government gives the Contractor a preliminary written notice of its intentto extend at least 30 days before the contract expires. The preliminary notice does not commit theGovernment to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shallnot exceed 5 years.

52.224-2 PRIVACY ACT (APR 1984)

(a) The Contractor agrees to-

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issuedunder the Act in the design, development, or operation of any system of records on individuals toaccomplish an agency function when the contract specifically identifies-

(i) The systems of records; and(ii) The design, development, or operation work that the Contractor is to perform; (2) Include thePrivacy Act notification contained in this contract in every solicitation andresulting subcontract and in every subcontract awarded without a solicitation, when the workstatement in the proposed subcontract requires the redesign, development, or operation of a

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system of records on individuals that is subject to the Act; and

(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under thiscontract which requires the design, development, or operation of such a system of records.(b) In the event of violations of the Act, a civil action may be brought against the agency involvedwhen the violation concerns the design, development, or operation of a system of records onindividuals to accomplish an agency function, and criminal penalties may be imposed upon theofficers or employees of the agency when the violation concerns the operation of a system ofrecords on individuals to accomplish an agency function. For purposes of the Act, when the contractis for the operation of a system of records on individuals to accomplish an agency function, theContractor is considered to bean employee of the agency.

(c) (1) "Operation of a system of records," as used in this clause, means performance of any ofthe activities associated with maintaining the system of records, including the collection, use, anddissemination of records.

(2) "Record," as used in this clause, means any item, collection, or grouping of information about anindividual that is maintained by an agency, including, but not limited to, education, financialtransactions, medical history, and criminal or employment history and that contains the person'sname, or the identifying number, symbol, or other identifying particular assigned to the individual,such as a fingerprint or voiceprint or a photograph.

(3) "System of records on individuals," as used in this clause, means a group of any records underthe control of any agency from which information is retrieved by the name of the individual or bysome identifying number, symbol, or other identifying particular assigned to the individual.

52.227-14 RIGHTS IN DATA- GENERAL. (DEC 2007)

(a) Definitions. As used in this clause -

"Computer database" or "database" means a collection of recorded information in a form capableof, and for the purpose of, being stored in, processed, and operated on by a computer. The termdoes not include computer software.

"Computer software" -

(1) Means (i) Computer programs that comprise a series of instructions, rules, routines, orstatements, regardless of the media in which recorded, that allow or cause a computer to perform aspecific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes,flow charts, formulas, and related material that would enable the computer program to be produced,created, or compiled.

(2) Does not include computer databases or computer software documentation.

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"Computer software documentation" means owner's manuals, user's manuals, installationinstructions, operating instructions, and other similar items, regardless of storage medium, thatexplain the capabilities of the computer software or provide instructions for using the software.

"Data" means recorded information, regardless of form or the media on which it may be recorded.The term includes technical data and computer software. The term does not include informationincidental to contract administration, such as financial, administrative, cost or pricing, ormanagement information.

"Form, fit, and function data" means data relating to items, components, or processes that aresufficient to enable physical and functional interchangeability, and data identifying source, size,configuration, mating and attachment characteristics, functional characteristics, and performancerequirements. For computer software it means data identifying source, functional characteristics,and performance requirements but specifically excludes the source code, algorithms, processes,formulas, and flow charts of the software.

"Limited rights" means the rights of the Government in limited rights data as set forth in the LimitedRights Notice of paragraph (g)(3) if included in this clause.

"Limited rights data" means data, other than computer software, that embody trade secrets or arecommercial or financial and confidential or privileged, to the extent that such data pertain to items,components, or processes developed at private expense, including minor modifications.

"Restricted computer software" means computer software developed at private expense and that isa trade secret, is commercial or financial and confidential or privileged, or is copyrighted computersoftware, including minor modifications of the computer software.

"Restricted rights," as used in this clause, means the rights of the Government in restrictedcomputer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in thisclause, or as otherwise may be provided in a collateral agreement incorporated in and made part ofthis contract, including minor modifications of such computer software.

"Technical data," means recorded information (regardless of the form or method of the recording) ofa scientific or technical nature (including computer databases and computer softwaredocumentation). This term does not include computer software or financial, administrative, cost orpricing, or management data or other information incidental to contract administration. The termincludes recorded information of a scientific or technical nature that is included in computerdatabases (See 41 U.S.C. 403(8)).

"Unlimited rights" means the rights of the Government to use, disclose, reproduce, preparederivative works, distribute copies to the public, and perform publicly and display publicly, in anymanner and for any purpose, and to have or permit others to do so.

(b) Allocation of rights. (1) Except as provided in paragraph (c) of this clause, the Government shallhave unlimited rights in--

(i) Data first produced in the performance of this contract;

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(ii) Form, fit, and function data delivered under this contract;

(iii) Data delivered under this contract (except for restricted computer software) that constitutemanuals or instructional and training material for installation, operation, or routine maintenance andrepair of items, components, or processes delivered or furnished for use under this contract; and

(iv) All other data delivered under this contract unless provided otherwise for limited rights data or

restricted computer software in accordance with paragraph (g) of this clause.

(2) The Contractor shall have the right to -

(i) Assert copyright in data first produced in the performance of this contract to the extent providedin paragraph (c)(1) of this clause;

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specificallyused by the Contractor in the performance of this contract, unless provided otherwise in paragraph(d) of this clause;

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices andto take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted

computer software to the extent provided in paragraph (g) of this clause.

(c) Copyright -

(1) Data first produced in the performance of this contract. (i) Unless provided otherwise in.paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer,assert copyright in scientific and technical articles based on or containing data first produced in theperformance of this contract and published in academic, technical or professional journals,symposia proceedings, or similar works. The prior, express written permission of the ContractingOfficer is required to assert copyright in all other data first produced in the performance of thiscontract.

(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicablecopyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship(including contract number).

(iii) For data other than computer software, the Contractor grants to the Government, and othersacting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighteddata to reproduce, prepare derivative works, distribute copies to the public, and perform publiclyand display publicly by or on behalf of the Government. For computer software, the Contractorgrants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable,worldwide license in such copyrighted computer software to reproduce, prepare derivative works,and perform publicly and display publicly (but not to distribute copies to the public) by or on behalfof the Government.

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(2) Data not first produced in the performance of this contract. The Contractor shall not, without theprior written permission of the Contracting Officer, incorporate in data delivered under this contractany data not first produced in the performance of this contract unless the Contractor -

(i) Identifies the data; and

(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth inparagraph (c)(1) of this clause or, if such data are restricted computer software, the Governmentshall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in thiscontract) or as otherwise provided in a collateral agreement incorporated in or made part of thiscontract.

(3) Removal of copyright notices. The Government will not remove any authorized copyright noticesplaced on data pursuant to this paragraph (c), and will include such notices on all reproductions ofthe data.

(d) Release, publication, and use of data. The Contractor shall have the right to use, release toothers, reproduce, distribute, or publish any data first produced or specifically used by theContractor in the performance of this contract, except -

(1) As prohibited by Federal law or regulation (e.g., export control or national security laws orregulations);

(2) As expressly set forth in this contract; or

(3) If the Contractor receives or is given access to data necessary for the performance of thiscontract that contain restrictive markings, the Contractor shall treat the data in accordance withsuch markings unless specifically authorized otherwise in writing by the Contracting Officer.

(e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contractconcerning inspection or acceptance, if any data delivered under this contract are marked with thenotices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is notauthorized by this clause, or if the data bears any other restrictive or limiting markings notauthorized by this contract, the Contracting Officer may at any time either return the data to theContractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the followingprocedures shall apply prior to canceling or ignoring the markings.

(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60days from receipt of the inquiry to provide written justification to substantiate the propriety of themarkings;

(ii) If the Contractor fails to respond or fails to provide written justification to substantiate thepropriety of the markings within the 60-day period (or a longer time approved in writing by theContracting Officer for good cause shown), the Government shall have the right to cancel or ignorethe markings at any time after said period and the data will no longer be made subject to anydisclosure prohibitions.

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(iii) If the Contractor provides written justification to substantiate the propriety of the markings withinthe period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such writtenjustification and determine whether or not the markings are to be cancelled or ignored. If theContracting Officer determines that the markings are authorized, the Contractor will be so notified inwriting. If the Contracting Officer determines, with concurrence of the head of the contractingactivity, that the markings are not authorized, the Contracting Officer will furnish the Contractor awritten determination, which determination will become the final agency decision regarding theappropriateness of the markings unless the Contractor files suit in a court of competent jurisdictionwithin 90 days of receipt of the Contracting Officer's decision. The Government will continue toabide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by theContracting Officer's determination becoming final (in which instance the Government will thereafterhave the right to cancel or ignore the markings at any time and the data will no longer be madesubject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit isfiled.

(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified inaccordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) ifnecessary to respond to a request thereunder.

(3) Except to the extent the Government's action occurs as the result of final disposition of thematter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of theclause from bringing a claim, in accordance with the Disputes clause of this contract, that may ariseas the result of the Government removing or ignoring authorized markings on data delivered underthis contract.

(f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictivemarkings shall be deemed to have been furnished with unlimited rights. The Government is notliable for the disclosure, use, or reproduction of such data.

(2) If the unmarked data has not been disclosed without restriction outside the Government, theContractor may request, within 6 months (or a longer time approved by the Contracting Officer inwriting for good cause shown) after delivery of the data, permission to have authorized noticesplaced on the data at the Contractor's expense. The Contracting Officer may agree to do so if theContractor -

(i) Identifies the data to which the omitted notice is to be applied;

(ii) Demonstrates that the omission of the notice was inadvertent;

(iii) Establishes that the proposed notice is authorized; and

(iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction ofany data made prior to the addition of the notice or resulting from the omission of the notice.

(3) If data has been marked with an incorrect notice, the Contracting Officer may -

(i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the dataand demonstrates that the correct notice is authorized; or

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(ii) Correct any incorrect notices.

(g) Protection of limited rights data and restricted computer software. (1) The Contractor maywithhold from delivery qualifying limited rights data or restricted computer software that are not dataidentified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, theContractor shall -

(i) Identify the data being withheld; and

(ii) Furnish form, fit, and function data instead.

(2) Limited rights data that are formatted as a computer database for delivery to the Governmentshall be treated as limited rights data and not restricted computer software.

(3) Reserved

(h) Subcontracting. The Contractor shall obtain from its. subcontractors all data and rights thereinnecessary to fulfill the Contractor's obligations to the Government under this contract. If asubcontractor refuses to accept terms affording the Government those rights, the Contractor shallpromptly notify the Contracting Officer of the refusal and shall not proceed with the subcontractaward without authorization in writing from the Contracting Officer.

(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license tothe Government under any patent or be construed as affecting the scope of any license or otherright otherwise granted to the Government.

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

Funds are not presently available for performance under this contract beyond TBD. TheGovernment's obligation for performance of this contract beyond that date is contingent upon theavailability of appropriated funds from which payment for contract purposes can be made. No legalliability on the part of the Government for any payment may arise for performance under thiscontract beyond TBD, until funds are made available to the Contracting Officer for performance anduntil the Contractor receives notice of availability, to be confirmed in writing by the ContractingOfficer.

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APR2012) - ALTERNATE II (SEP 1996)

(a) The Government may terminate performance of work under this contract in whole or,from time to time, in part if the Contracting Officer determines that a termination is in theGovernment's interest. The Contracting Officer shall terminate by delivering to theContractor a Notice of Termination specifying the extent of termination and the effectivedate.

(b) After receipt of a Notice of Termination, and except as directed by the ContractingOfficer, the Contractor shall immediately proceed with the following obligations, regardless

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of any delay in determining or adjusting any amounts due under this clause:

(1) Stop work as specified in the notice.

(2) Place no further subcontracts or orders (referred to as subcontracts in thisclause) for materials, services, or facilities, except as necessary to complete thecontinued portion of the contract.

(3) Terminate all subcontracts to the extent they relate to the work terminated.

(4) Assign to the Government, as directed by the Contracting Officer, all right, title,and interest of the Contractor under the subcontracts terminated, in which case theGovernment shall have the right to settle or to pay any termination settlementproposal arising out of those terminations.

(5) With approval or ratification to the extent required by the Contracting Officer,settle all outstanding liabilities and termination settlement proposals arising from thetermination of subcontracts; the approval or ratification will be final for purposes ofthis clause.

(6) As directed by the Contracting Officer, transfer title and deliver to theGovernment -

(i) The fabricated or unfabricated parts, work in process, completed work,supplies, and other material produced or acquired for the work terminated;and

(ii) The completed or partially completed plans, drawings, information, andother property that, if the contract had been completed, would be required tobe furnished to the Government.

(7) Complete performance of the work not terminated.

(8) Take any action that may be necessary, or that the Contracting Officer maydirect, for the protection and preservation of the property related to this contract thatis in the possession of the Contractor and in which the Government has or mayacquire an interest.

(9) Use its best efforts to sell, as directed or authorized by the Contracting Officer,any property of the types referred to in subparagraph (b)(6) of this clause; provided,however, that the Contractor (i) is not required to extend credit to any purchaser and(ii) may acquire the property under the conditions prescribed by, and at pricesapproved by, the Contracting Officer. The proceeds of any transfer or disposition willbe applied to reduce any payments to be made by the Government under thiscontract, credited to the price or cost of the work, or paid in any other mannerdirected by the Contracting Officer.

(c) The Contractor shall submit complete termination inventory schedules no later than 120days from the effective date of termination, unless extended in writing by the ContractingOfficer upon written request of the Contractor within this 120-day period.

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(d) After expiration of the plant clearance period as defined in Subpart 49.001 of theFederal Acquisition Regulation, the Contractor may submit to the Contracting Officer a list,certified as to quantity and quality, of termination inventory not previously disposed of,excluding items authorized for disposition by the Contracting Officer. The Contractor mayrequest the Government to remove those items or enter into an agreement for their storage.Within 15 days, the Government will accept title to those items and remove them or enterinto a storage agreement. The Contracting Officer may verify the list upon removal of theitems, or if stored, within 45 days from submission of the list, and shall correct the list, asnecessary, before final settlement.

(e) After termination, the Contractor shall submit a final termination settlement proposal tothe Contracting Officer in the form and with the certification prescribed by the ContractingOfficer. The Contractor shall submit the proposal promptly, but no later than 1 year from theeffective date of termination, unless extended in writing by the Contracting Officer uponwritten request of the Contractor within this 1-year period. However, if the ContractingOfficer determines that the facts justify it, a termination settlement proposal may be receivedand acted on after 1 year or any extension. If the Contractor fails to submit the proposalwithin the time allowed, the Contracting Officer may determine, on the basis of informationavailable, the amount, if any, due the Contractor because of the termination and shall paythe amount determined.

(f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer mayagree upon the whole or any part of the amount to be paid or remaining to be paid becauseof the termination. The amount may include a reasonable allowance for profit on work done.However, the agreed amount, whether under this paragraph (f) or paragraph (g) of thisclause, exclusive of costs shown in subparagraph (g)(3) of this clause, may not exceed thetotal contract price as reduced by (1) the amount of payments previously made and (2) thecontract price of work not terminated. The contract shall be modified, and the Contractorpaid the agreed amount. Paragraph (g) of this clause shall not limit, restrict, or affect theamount that may be agreed upon to be paid under this paragraph.

(g) If the Contractor and the Contracting Officer fail to agree on the whole amount to bepaid because of the termination of work, the Contracting Officer shall pay the Contractor theamounts determined by the Contracting Officer as follows, but without duplication of anyamounts agreed on under paragraph (f) of this clause:

(1) The contract price for completed supplies or services accepted by theGovernment (or sold or acquired under subparagraph (b)(9) of this clause) notpreviously paid for, adjusted for any saving of freight and other charges.

(2) The total of -

(i) The costs incurred in the performance of the work terminated, includinginitial costs and preparatory expense allocable thereto, but excluding anycosts attributable to supplies or services paid or to be paid undersubparagraph (g)(1) of this clause;

(ii) The cost of settling and paying termination settlement proposals underterminated subcontracts that are properly chargeable to the terminated

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portion of the contract if not included in subdivision (g)(2)(i) of this clause; and

(iii) A sum, as profit on subdivision (g)(2)(i) of this clause, determined by theContracting Officer under 49.202 of the Federal Acquisition Regulation, ineffect on the date of this contract, to be fair and reasonable; however, if itappears that the Contractor would have sustained a loss on the entirecontract had it been completed, the Contracting Officer shall allow no profitunder this subdivision (g)(2)(iii) and shall reduce the settlement to reflect theindicated rate of loss.

(3) The reasonable costs of settlement of the work terminated, including -

(i) Accounting, legal, clerical, and other expenses reasonably necessary forthe preparation of termination settlement proposals and supporting data;

(ii) The termination and settlement of subcontracts (excluding the amounts ofsuch settlements); and

(iii) Storage, transportation, and other costs incurred, reasonably necessaryfor the preservation, protection, or disposition of the termination inventory.

(h) Except for normal spoilage, and except to the extent that the Government expresslyassumed the risk of loss, the Contracting Officer shall exclude from the amounts payable tothe Contractor under paragraph (g) of this clause, the fair value as determined by theContracting Officer, for the loss of the Government property.

(i) The cost principles and procedures of Part 31 of the Federal Acquisition Regulation, ineffect on the date of this contract, shall govern all costs claimed, agreed to, or determinedunder this clause.

(j) The Contractor shall have the right of appeal, under the Disputes clause, from anydetermination made by the Contracting Officer under paragraph (e), (g), or (I) of this clause,except that if the Contractor failed to submit the termination settlement proposal or requestfor equitable adjustment within the time provided in paragraph (e) or (I), respectively, andfailed to request a time extension, there is no right of appeal.

(k) In arriving at the amount due the Contractor under this clause, there shall be deducted -

(1) All unliquidated advance or other payments to the Contractor under theterminated portion of this contract;

(2) Any claim which the Government has against the Contractor under this contract;and

(3) The agreed price for, or the proceeds of sale of, materials, supplies, or otherthings acquired by the Contractor or sold under the provisions of this clause and notrecovered by or credited to the Government.

(I) If the termination is partial, the Contractor may file a proposal with the Contracting Officerfor an equitable adjustment of the price(s) of the continued portion of the contract. The

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Contracting Officer shall make any equitable adjustment agreed upon. Any proposal by theContractor for an equitable adjustment under this clause shall be requested within 90 daysfrom the effective date of termination unless extended in writing by the Contracting Officer.

(m)(1) The Government may, under the terms and conditions it prescribes, make partialpayments and payments against costs incurred by the Contractor for the terminated portionof the contract, if the Contracting Officer believes the total of these payments will not exceedthe amount to which the Contractor will be entitled.

(n) Unless otherwise provided in this contract or by statute, the Contractor shall maintain allrecords and documents relating to the terminated portion of this contract for 3 years afterfinal settlement. This includes all books and other evidence bearing on the Contractor'scosts and expenses under this contract. The Contractor shall make these records anddocuments available to the Government, at the Contractor's office, at all reasonable times,without any direct charge. If approved by the Contracting Officer, photographs,microphotographs, or other authentic reproductions may be maintained instead of originalrecords and documents.

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

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.247-34 F.O.B. DESTINATION. (NOV 1991)

2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)

2052.215-72 TIMELY RECEIPT OF PROPOSALS. (OCT 1999)

2052.215-74 DISPOSITION OF PROPOSALS. (JAN 1993)

52.202-1 DEFINITIONS. (NOV 2013)

52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006) -ALTERNATE I (OCT 1995)

52.203-7 ANTI-KICKBACK PROCEDURES. (OCT 2010)

52.211-5 MATERIAL REQUIREMENTS. (AUG 2000)

52.227-17 RIGHTS IN DATA-SPECIAL WORKS. (DEC 2007)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (FEB 2009)

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52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILEDRIVING. (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS. (MAR2009)

52.232-7 PAYMENTS UNDER TIME AND MATERIAL AND LABOR HOUR CONTRACTS. (FEB2007)

52.232-18 AVAILABILITY OF FUNDS. (APR 1984)

52.232-25 PROMPT PAYMENT. (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.233-3 PROTEST AFTER AWARD. (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.243-1 CHANGES - FIXED-PRICE. (AUG 1987)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JUL 2013)

NRCF010 PLACE OF DELIVERY--REPORTS (AUG 2011)

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

a. Sandra JohnsonContracting Officer's Representative (COR)

Address:

U.S. Nuclear Regulatory CommissionMail Stop: 3A44MThree White Flint North11601 Landsdown StreetNorth Bethesda, MD 20852

b. Erika Earn (1 hard copy)

Contracting Officer (CO)

Address:

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U.S. Nuclear Regulatory CommissionAcquisition Management DivisionMail Stop: 3WFN-05C6411555 Rockville PikeRockville, MD 20852-2738

NRCF034 OPTION PERIODS - TASK ORDER/DELIVERY ORDER UNDER A GSA FEDERALSUPPLY SCHEDULE CONTRACT

The Period of Performance (POP) for this requirement may extend beyond the Offeror's currentPOP on their GSA Schedule. Offerors may submit proposals for the entire POP as long as theircurrent GSA Schedule covers the requested POP, or their GSA Schedule contains GSA's"Evergreen Clause" (Option to Extend the Term of the Contract), which covers the requested POPif/when the option(s) are exercised. Offerors are encouraged to submit accurate/realistic pricing forthe requirement's entire POP, even if the proposed GSA Schedule does not include pricing for theapplicable option years, etc.

For proposal evaluation purposes, the NRC assumes that applicable Evergreen Clause Option(s)will be exercised and the NRC will apply price analysis, as applicable. It is in the best interest of theOfferor to explain major deviations in escalation, proposed in any Evergreen Clause option years.Resulting GSA task/delivery order option years subject to the Evergreen Clause will be initiallypriced utilizing the same rates proposed under the last GSA-priced year of the subject GSASchedule. Upon GSA's exercise of the GSA Schedule option year(s) applicable to the EvergreenClause, the NRC will modify the awarded task/delivery order to incorporate either the proposedpricing for the option years or the GSA-approved pricing (whichever is lower).

It is incumbent upon the Offeror to provide sufficient documentation (GSA-signed schedule,schedule modifications, etc.) that shows both the effective dates, pricing and terms/conditions of thecurrent GSA Schedule, as well as Evergreen Clause terms/conditions (as applicable). Failure toprovide this documentation may result in the Offeror's proposal being found unacceptable.

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SECTION J - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment 1 - Billing Instructions - FIXED PRICE

BILLING INSTRUCTIONS FORFIXED-PRICE TYPE CONTRACTS (MAY 2013)

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

The contractor shall prepare invoices/vouchers for payment of deliverables identified in the contract,in the manner described herein. FAILURE TO SUBMIT INVOICESNOUCHERS INACCORDANCE WITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THEINVOICE/VOUCHER AS IMPROPER.

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

Electronic InvoiceNoucher Submissions: The preferred method of submitting invoices/vouchersis electronically to the U.S. Nuclear Regulatory Commission, via email to: [email protected].

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

NRC PaymentsU.S. Nuclear Regulatory CommissionOne White Flint North11555 Rockville PikeMailstop 03-E17ARockville, MD 20852-2738

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

Contractors must report to the Contracting Officer, electronically, any capital property acquired withcontract funds having an initial cost of $50,000 or more, in accordance with procedures set forth inNRC 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 thecontract in Block 12 of Standard Form 26, Block 25 of Standard Form 33, or Block 18a of StandardForm 1449, whichever is applicable.

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

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Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sample formentitled "Invoice/Voucher for Purchases and Services Other Than Personal". Alternate formats arepermissible only if they address all requirements of the Billing Instructions. The instructions forpreparation and itemization of the invoice/voucher are included with the sample form.

Task Order Contracts: The contractor must submit a separate invoice/voucher for each individualtask order with pricing information. This includes items discussed in paragraphs (a) through (p) ofthe attached instructions. In addition, the invoice/voucher must specify the contract number, andthe 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 TypeContracts (July 2011).

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

1. Official Agency Billing Office

NRC PaymentsU.S. Nuclear Regulatory CommissionOne White Flint North11555 Rockville PikeMailstop 03-E1 7ARockville, MD 20852-2738

2. Invoice/Voucher Information

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

b. Taxpayer Identification Number. The Payee shall include the Payee's taxpayer identificationnumber (TIN) used by the Internal Revenue Service (IRS) in the administration of tax laws. (SeeIRS Web site:http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Emplover-ID-Numbers-(EI Ns)).

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

d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)),GSA Federal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, orMultiple Agency Contract (MAC) number, as applicable.

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

f. InvoiceNoucher. The appropriate sequential number of the invoice/voucher, beginning with 001should be designated. Contractors may also include an individual internal accounting number, ifdesired, in addition to the 3-digit sequential number.

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

h. Billing Period. Insert the beginning and ending dates (day, month, year) of the period duringwhich deliverables were completed and for which payment is requested.

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

j. Work Completed. Provide a general summary description of the services performed or productssubmitted for the invoice period and specify the section or Contract Line Item Number (CLIN) orSubCLIN in the contract pertaining to the specified contract deliverable(s).

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

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

m. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt ofshipment.

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

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

p. Adjustments. Insert columns for any adjustments, including outstanding suspensions fordeficient or defective products or nonconforming services, for the current and cumulative periods.

q. Grand Totals.

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Attachment 2 - Billing Instructions - COST REIMBURSEMENT

BILLING INSTRUCTIONS FORCOST-REIMBURSEMENT TYPE CONTRACTS (MAY 2013)

General: During performance and through final payment of this contract, the contractor isresponsible for the accuracy and completeness of data within the System for Award Management(SAM) database and for any liability resulting from the Government's reliance on inaccurate orincomplete SAM data.

The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner andformat described herein. FAILURE TO SUBMIT INVOICESNOUCHERS IN ACCORDANCE WITHTHESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICE/VOUCHER ASIMPROPER.

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

Electronic InvoiceNoucher Submissions: The preferred method of submitting invoices/vouchersis electronically to the U.S. Nuclear Regulatory Commission, via email to: [email protected].



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


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

Frequency: The contractor shall submit requests for reimbursement once each month, unlessotherwise authorized by the Contracting Officer.

Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sample formentitled "Invoice/Voucher for Purchases and Services Other Than Personal". Alternate formats are

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permissible only if they address all requirements of the Billing Instructions. The instructions forpreparation and itemization of the invoice/voucher are included with the sample form.

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

Billing of Costs after Expiration of Contract: If costs are incurred during the contract period andinvoiced after the contract has expired, you must cite the period during which these costs wereincurred. To be considered a proper expiration invoice/voucher, the contractor shall clearly mark it"EXPIRATION INVOICE" or "EXPIRATION VOUCHER".

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


Supersession: These instructions supersede previous Billing Instructions for Cost-ReimbursementType Contracts (July 2011).

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

1. Official Aaency Billing Office


2. InvoiceNoucher Information


b. Taxpayer Identification Number. The Payee shall include the Payee's taxpayer identificationnumber (TIN) used by the Internal Revenue Service (IRS) in the administration of tax laws. (SeeIRS Web site:http://www.irs.gov/Businesses/Small-Businesses-&-Self-Emploved/Employer-ID-Numbers-(EINs)).

c. Payee's Name and Address. Show the name of the Payee as it appears in the contract and itscorrect address. If the Payee assigns the proceeds of this contract as provided for in theassignment of claims terms of this contract, the Payee shall require as a condition of any suchassignment, that the assignee shall register separately in the System for Award Management(SAM) database at http://sam.gov and shall be paid by EFT in accordance with the terms of thiscontract. See Federal Acquisition Regulation (FAR) 52.232-33(g) Payment by Electronic FundsTransfer - Central Contractor Registration (October 2003).



f. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginning with 001should be designated. Contractors may also include an individual internal accounting number, ifdesired, in addition to the 3-digit sequential number.

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

h. Billing Period. Insert the beginning and ending dates (day, month, year) of the period duringwhich costs were incurred and for which reimbursement is requested.

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

j. Work Completed. Provide a general summary description of the services performed or productssubmitted for the invoice period and specify the section or Contract Line Item Number (CLIN) orSubCLIN in the contract pertaining to the required deliverable(s).




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

o. Direct Costs. Insert the amount billed for the following cost elements, adjustments, suspensions,and total amounts, for both the current billing period and for the cumulative period (from contractinception to end date of this billing period).

(1) Direct Labor. This consists of salaries and wages paid (or accrued) for direct performanceof the contract itemized as follows:

Labor Hours CumulativeCategory Billed Rate Total Hours Billed

(2) Fringe Benefits. This represents fringe benefits applicable to direct labor and billedas a direct cost. Where a rate is used indicate the rate. Fringe benefits included in directlabor or in other indirect cost pools should not be identified here.

(3) Contractor-acquired property ($50,000 or more). List each item costing $50,000 ormore and having a life expectancy of more than one year. List only those items ofequipment for which reimbursement is requested. For each such item, list the following (asapplicable): (a) an item description, (b) manufacturer, (c) model number, (d) serial number,(e) acquisition cost, (f) date of purchase, and (g) a copy of the purchasing document.

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

(5) Premium Pay. This enumeration in excess of the basic hourly rate. (Requireswritten approval of the Contracting Officer.)

(6) Consultant Fee. The supporting information must include the name, hourly or dailyrate of the consultant, and reference the NRC approval (if not specifically approved in theoriginal contract).

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(7) 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 transportationexpenses. All costs must be adequately supported by copies of receipts or otherdocumentation.)

(8) Subcontracts. Include separate detailed breakdown of all costs paid to approvedsubcontractors during the billing period.

(9) Other Costs. List all other direct costs by cost element and dollar amount separately.

p. Indirect Costs (Overhead and General and Administrative Expense). Cite the formula (rate andbase) in effect in accordance with the terms of the contract, during the time the costs were incurredand for which reimbursement is requested.

q. Fixed-Fee. If the contract provides for a fixed-fee, it must be reimbursed as indicated in thecontract. Cite the formula or method of computation. Include this information as it applies toindividual task orders as well.

(1) The NRC will withhold payment of 15% of the negotiated contract fixed-fee amount, notto exceed $100,000.

(2) If the fee withholding amount has reached $100,000, the contractor may resume billingthe NRC for the balance of its fee under subsequent invoices for work completed.

(3) Any fee amounts withheld by the NRC will be paid to the contractor during contractcloseout in increments, following the submission/settlement of indirect rate proposals inaccordance with FAR 52.216-8, "Fixed Fee" (JUN 2011).

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

s. Adiustments. Insert columns for any adjustments, including outstanding suspensions fordeficient or defective products or nonconforming services, for the current and cumulative periods.

t. Grand Totals.

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3. Sample InvoiceNoucher Information

Sample InvoiceNoucher Information (Supporting Documentation must be attached)

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

Amount BilledCurrent Period

Direct Costs(a)

(1)(2)(3)(4)

(5)(6)(7)(8)(9)

Direct laborFringe benefits (% of direct labor)Government property ($50,000 or more)Government property, Materials, andSupplies (under $50,000 per item)Premium pay (NRC approved overtime)Consultants FeeTravelSubcontractsOther costs

$$.$.

$.$.$$$$

Cumulative

$$$

$$$$$$

$Total Direct Costs:

(b) Indirect Costs (provide the rate information applicable to your firm)

(10) Overhead _ % of(Indicate Base)

(11) General and Administrative (G&A)

of _(Indicate Base)

Total Indirect Costs:

,

$

$

.

$.

$

(c) Fixed-Fee:

(12) Fixed-Fee Calculations:i. Total negotiated contract fixed-fee percent and amount $ii. 85% allowable fee amount $.iii. Cumulative fee billed on prior invoices $iv. Fee due this invoice (not to exceed 85% of fee earned based upon

negotiated contract fee percentage) $.

Note: The fee balance withheld by NRC may not exceed $100,000.

Total Fixed-Fee: $ $

$(d) Total Amount Billed $

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(e) Adjustments (+/-) $_ . $.

(f) Grand Total $ - $

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

SAMPLE SUPPORTING INFORMATION

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

Cost Elements:

1) Direct Labor - $2,400

Labor Hours CumulativeCategory Billed Rate Total Hours Billed

Senior Engineer I 100 $14.00 $1,400 975Engineer 50 $10.00 $ 500 465Computer Analyst 100 $ 5.00 $ 500 320

$2,400 1,760 hrs.

2) Fringe Benefits - $480

Fringe @ 20% of Direct Salaries

LaborCategory Salaries

Senior Engineer I $1,400Engineer $ 500Computer Analyst $ 500

$2,400

3) Government-furnished and contractor-acquired

Prototype Spectrometer - item number 1000-01

4) Government-furnished and contractor-acquiredSupplies - $2,000

10 Radon tubes @ $110.00 =6 Pairs Electrostatic gloves @ $150.00 =

FringeAmount

$280$100$100$480

Property ($50,000 or more) - $60,000

= $60,000

oropertv (under $50.000). Materials, andI I I I I I i

$1,100$ 900$2,000

5) Premium Pay - $150

Walter Murphy - 10 hours @ $10.00 Per Hour (Reg. Pay) = $100 x 1.5 OT rate = $150

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(EX: Premium pay for this individual was approved and authorized under this contract bythe NRC Contracting Officer by letter dated 6/1/2011.)

6) Consultants' Fee - $100

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

7) Travel - $2,640

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

Start Date End Date Days From To Cost4/1/2011 4/7/2011 7 Philadelphia, PA Wash, D.C. $3007/1/2011 7/8/2011 8 Philadelphia, PA Wash, D.C. $300

(ii) Per Diem: $136/day x 15 days = $2,040

8) Subcontracting - $30,000

Company A = $10,000Company B = $20,000

$30,000

(EX: Subcontracts for Companies A & B were consented to by the Contracting Officer byletter dated 6/15/2011.)

9) Other Costs - $5,100

Honorarium for speaker at American Nuclear Society conference = $5,000Nuclear Planet Journal subscription fee = $100

10) Overhead Expense - $41,148

Overhead @ 40% of Total Direct Costs

11) General and Administrative (G&A) Expense - $22,784

G&A @ 20% of Total Costs, excluding subcontracts and consultants

12) Fixed-Fee - $8,218

Fixed-Fee applied to Total Costs @ 5%

Fixed-Fee Calculations:

i. Total contract fixed-fee $100,000ii. 85% allowable fee $85,000iii. Cumulative fee billed on prior invoices $85,000iv. Fee due this invoice (not to exceed 85% of fee earned based upon

negotiated contract fee percentage) $8,218

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Total Amount Billed $175,020Adjustments (+/-) - $8,218Grand Total $166,802

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Attachment 3 - Billing Instructions - TIME AND MATERIAL/LABOR HOUR

BILLING INSTRUCTIONS FORTIM E-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (MAY 2013)

General: During performance and through final payment of this contract, the contractor isresponsible for the accuracy and completeness of data within the System for Award Management(SAM) database and for any liability resulting from the Government's reliance on inaccurate orincomplete SAM data.

The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner andformat described herein. FAILURE TO SUBMIT INVOICES/VOUCHERS IN ACCORDANCE WITHTHESE INSTRUCTIONS WILL RESULT IN REJECTION OF THE INVOICENOUCHER ASIMPROPER.

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

Electronic InvoiceNoucher Submissions: The preferred method of submitting vouchers/invoicesis electronically to the U.S. Nuclear Regulatory Commission, via email to: [email protected].



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


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

Frequency: The contractor shall submit claims for reimbursement once each month, unlessotherwise authorized by the Contracting Officer.

Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sample form

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entitled "Invoice/Voucher for Purchases and Services Other Than Personal". Alternate formats arepermissible only if they address all requirements of the Billing Instructions. The instructions forpreparation and itemization of the invoice/voucher are included with the sample form.

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

Billing of Costs after Expiration of Contract: If costs are incurred during the contract period andclaimed after the contract has expired, you must cite the period during which these costs wereincurred. To be considered a proper expiration invoice/voucher, the contractor shall clearly mark it"EXPIRATION INVOICE" or "EXPIRATION VOUCHER".

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


Supersession: These instructions supersede previous Billing Instructions for Time-and-Materials/Labor-Hour Type Contracts (July 2011).

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

1. Official Agency Billing Office

NRC PaymentsU.S. Nuclear Regulatory CommissionOne White Flint North11555 Rockville PikeMailstop O3-E17ARockville, MD 20852-2738

2. Invoice/Voucher Information


b. Payee's Name and Address. Show the name of the Payee as it appears in the contract and itscorrect address. If the Payee assigns the proceeds of this contract as provided for in theassignment of claims terms of this contract, the Payee shall require as a condition of any suchassignment, that the assignee shall register separately in the System for Award Management(SAM) database at http://sam.gov and shall be paid by EFT in accordance with the terms of thiscontract. See Federal Acquisition Regulation (FAR) 52.232-33(g) Payment by Electronic FundsTransfer - Central Contractor Registration (October 2003).

c. Taxpayer Identification Number. The Payee shall include the Payee's taxpayer identificationnumber (TIN) used by the Internal Revenue Service (IRS) in the administration of tax laws. (SeeIRS Web site:http://www. irs.gov/Businesses/Small -Businesses-&-Self- Employed/Emplover-I D-Nu nbers-(EINs)).



f. InvoiceNoucher. The appropriate sequential number of the invoice/voucher, beginning with 001should be designated. Contractors may also include an individual internal accounting number, ifdesired, in addition to the 3-digit sequential number.

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

h. Billing period. Insert the beginning and ending dates (day, month, year) of the period duringwhich costs were incurred and for which reimbursement is requested.

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

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




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

o. Direct Costs. Insert the amount billed for the following cost elements, adjustments, suspensions,and total amounts, for both the current billing period and for the cumulative period (from contractinception to end date of this billing period).

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

Labor Hours Burdened CumulativeCate-gory Billed Hourly Rate Total Hours Billed

(2) Contractor-acquired property ($50,000 or more). List each item costing $50,000 ormore and having a life expectancy of more than one year. List only those items ofequipment for which reimbursement is requested. For each such item, list the following (asapplicable): (a) an item description, (b) manufacturer, (c) model number, (d) serial number,(e) acquisition cost, (f) date of purchase, and (g) a copy of the purchasing document.

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

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

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

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(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 transportationexpenses. All costs must be adequately supported by copies of receipts or otherdocumentation.)

(7) Subcontracts. Include separate detailed breakdown of all costs paid to approved

subcontractors during the billing period.

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

q. Adjustments. Insert columns for any adjustments, including outstanding suspensions forunsupported or unauthorized hours or costs, for the current and cumulative periods.

r. Grand Totals.

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3. Sample InvoiceNoucher Information

Sample InvoiceNoucher 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 includein the following to ensure accuracy and completeness.)

information similar to that included below

SAMPLE SUPPORTING INFORMATION

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

Cost Elements:

1) Direct Burdened Labor - $4,800

LaborCategorySenior Engineer IEngineerComputer Analyst

HoursBilled10050100

BurdenedRate$28.00$20.00$10.00

Total$2,800$1,000$1.000$4,800

CumulativeHours Billed

975465320

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

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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 = $1,1006 Pairs Electrostatic gloves @ $150.00 = $ 900

$2,0004) Materials Handling Fee - $40

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

5) Consultants' Fee - $100

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

6) Travel - $2,640

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

Start Date End Date Days From To Cost4/1/2011 4/7/2011 7 Philadelphia, PA Wash, D.C. $3007/1/2011 7/8/2011 8 Philadelphia, PA Wash, D.C. $300

(iv) Per Diem: $136/day x 15 days = $2,040

7) Subcontracting - $30,000

Company A = $10,000Company B = $20,000

$30,000

(EX: Subcontracts for Companies A & B were consented to by the Contracting Officer byletter dated 6/15/2011.)

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

4. Definitions

Material handlinq costs. When included as part of material costs, material handling costs shallinclude only costs clearly excluded from the labor-hour rate. Material handling costs may include allappropriate indirect costs allocated to direct materials in accordance with the contractor's usualaccounting procedures.

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