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SOLICITATIONICONTRACT/ORDER FOR COMMERCIAL ITEMS P2)STMIJ2RP'FoOFFEROR TO COAPPLEWE BLOCK(S 12, .1.232,3 JIA 7 O(Ol-.II __________j _____
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25 ACCOUNTIiGAr•'OAPPF1OFRIAT[IO' IDAIA 26 rOrALAWARDAMOIUNT(Fk.Go Uqe(o dOny)
278 SCLICITATIOJ INCORPORATES BY REFERE'ICE FAR 52 212-1. 62 212-4 FAR 5,212-3 AtD 52212-S ARE A1l1ACHI-ED AGCEPOA ARE ARE rIOT AT TACIIE D.
X 27b. C ODTRACTIPURCHASE ORDF.R INCC-RPORATES BY REFERENCE FAR 522124 FAR 52212-5 i ATTACHED. ADDENDA X ARE ARE 1IOT ATTACIHED
X 28. CONITRA(TOR IS REQUIRED "TO SIGN THIS DOCUlArNT AWD PE, IuR; 29 A'ARO OF CONTRACT OFFER
COPIES TO ISSUIMG OFFIGE. CONTRACTOR AGREES TO FURNISHAND OELIVER DATED . YOUR OFFER ON SOLICI I ATION 4LOCK 5).
ALL ITEM.S SET FORITH 4DR 011 ERV•,SE IDSIJTIFI ED ABOVE NID O1-t ANIY AD-YITIONAL INC.LLOUNT'GANY AOIIlOtIS OR CHANGES VH.CH ARE SET FORTH
I s 5U.T TOTIIE TERLSAIIDCCAS[;ICI1I#S SPECi!ED. IHEREI) IS ACCEPTEDAS TO ITETS
Vj, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ :I 51,0) F( R(dR CUl//~TsIJIJIED S3IAMF (V%'E I'RICAf,,tITl'IIJRF O~t COUIHACIM-3I GOff)SRI
305ý NAME f40 T EF S:G!.ER (Tyira of ffa 3W5 DATE SiC-IEG 310t UAIAE OF CIRCIi OFFICER (Jywopao 01vI Itc DATE SIClIRED
nIrIlrnr$1 dIA cn~n ~ ~ cnunuI.n *I* ICV 41) V
PREVIOU' rMTO 15 NOT1U0A0 LE
TEMI1LATE - ADMOO
Preac~ibed by GSA - FARl (46 CFRI 53.212
SUNSI REVIEW COMPLETIOCT .0 3 2014 h w
SOLICITATIONICONTRACTIORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 OCHCO- 14-0191 1 6 12 CONTRACT NO 3. AWARD/ 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATIONNRC-HQ-84-14-C-0014 EFFECTIVE DATE NRC-HQ-84-14-R-0011 ISSUE DATE
09/30/2014 08/19/20147. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect caI/sI 8 OFFER DUE DATE/LOCAL TIME
INFORMATION CALL: . DANIEL APP 301-287-0939 ET
9. ISSUED BY CODE NRCHQ 1S. THISACQUISITION IS UNRESTRICTED OR .-. SETASIDE % FOR.
WOMEN-OWNED SMALL BUSINESSUS NRC - HQ SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
ACQUISITION MANAGEMENT DIVISION IHUBZONE SMALL qMAI I RI IIN[AR PRr rIAM NAICS:611430
MAIL STOP 3WFN-05-C64MP BUSINESS !... EDWOSB
WASHINGTON DC 20555-0001 Li SERVICE-DISABLED [I 8(AIVETERAN-OWNED SIZE STANDARD $10. 0SMALL BUSINESS
11 DELIVERY FOR FOB DESTINA. 12. DISCOUNT TERMS 13b. RATINGTION UNLESS BLOCK IS I.. I 13a. THIS CONTRACT ISAMARKEDRADOREUNR MARKD RAED ODER NDER 14. METHOD OF SOLICITATION
.1 SEE SCHEDULE DPAS (15 CFR 700)
15. DELIVER TO CODE ITTC 16. ADMINISTEREDBY CODE NRCHQ
US NRC TECHNICAL TRAINING CENTER US NRC - HQOSBORNE OFFICE CENTER ACQUISITION MANAGEMENT DIVISION5746 MARLIN ROAD SUITE 200 MAIL STOP 3WFN-05-C64MPCHATTANOOGA TN 37411-5677 WASHINGTON DC 20555-0001
17a. CONTRACTOR/ CODE 177115797 FACILITY 18a. PAYMENT WILL BE MADE BY CODE INRCPAYMENTSOFFEROR CODE P
RISK ASSESSMENT CORPORATION US NUCLEAR REGULATORY COMMISSIONATTN JOHN TILL ONE WHITE FLINT NORTHTILL ROAD 11555 ROCKVILLE PIKENEESES SC 29107-9545 MAILSTOP 03-E17A
ROCKVILLE MD 20852-2738
TELEPHONE NO. 803-536-4883
[ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOWIS CHECKED [7SEE ADDENDUM
lB. 20. 21. 22. 23. 24.ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
The purpose of this contract is for EnvironmentalRisk Assement Training. This course supportsHeadquarters and Regional Qualification Programs.Delivery: 09/29/2019Period of Performance: 09/30/2014 to 09/29/2019
00001 M8444: Award a new contract for Environmental 271,752.00Risk Assessment Analsyis Training to supportheadquarters and regional qualification programs.Total Obligated AmountS271,752.00Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 6. TOTAL AWARD AMOUNT (For Govt. Use Only)
2014-X0200-FEEBASED-84-84D003-35-N-157-M8444-252B 7 $271,752.00
Ir. !,27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA F2 ARE LI ARE NOT ATTACHED.
; 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA _XI ARE_ ( -ARE NOT ATTACHED.
X28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 [_] 29. AWARD OF CONTRACT: 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 OFFEROR/CONTRACTOR 31 a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type orprint) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
ERIKA EAM 09/2.9/2014
AUTHORIZED FOR LOCAL REPRODUCTIONPREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2V2012)Prescribed by GSA - FAR (48 CFR) 53.212
2 of 61
19. 20. 21. 122.T 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES UUANTITY UNIT UNIT PRICE AMOUNT
Incrementally Funded Amount: $80,000.00
10001
20001
30001
40001
Amount: $0.00(Option Line Item)
Anticipated Exercise Date09/11/2015
Amount: $0.00(Option
Anticipated Exercise
Line Item)
Date09/11/2016
0.00
0.00
0.00
0.00
Amount: $0.00(Option Line Item)
Anticipated Exercise Date09/11/2017
Amount: $0.00(Option
Anticipated Exercise
The obligated amount
total for this award
Line Item)
Date09/11/2018
of award: $80,000.00. The
is shown in box 26.
32a QUANTITY IN COLUMN 21 HAS BEEN
- RECEIVED 1i INSPECTED Li 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 32f. 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 NUMBER
CORRECT FOR
1 COMPLETE . PARTIAL , FINAL7] PARTIAL _- FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER ,42a RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YYIMM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2V2012) BACK
SECTION B - Supplies or Services/Prices .......................................................................... 4SECTION C - Description/Specifications ............................................................................. 6SECTION D - Packaging and Marking ............................................................................... 13SECTION E - Inspection and Acceptance ......................................................................... 14SECTION F - Deliveries or Performance .......................................................................... 15SECTION G - Contract Administration Data ...................................................................... 17SECTION H - Special Contract Requirements .................................................................. 18SECTION I - Contract Clauses ............................................................................................ 24SECTION J - List of Documents, Exhibits and Other Attachments ................................ 39
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SECTION B - Supplies or Services/Prices
B.1 NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION
(a) The title of this project is "Environmental Risk Assessment Analysis Training"
(b) Summary work description: The primary objective of this contract is to develop andpresent a 5-day training course entitled Environmental Risk Assessment Analysis.
B.2 PRICE/COST SCHEDULE
BASE PERIOD: EFFECTIVE DATE OF AWARD - 12 MONTHS FROM EFFECTIVE DATEOF AWARD
CLIN # DESCRIPTION UNIT UNIT EST. QTY TOTALPRICE PRICE
0001 Course Development LOT 1 $41,133.000002 Course Presentation EA 1 $27,161.00
Cost Reimbursement Base and all option yearsOTHER DIRECT COSTS (ODCs)0003 Travel LOT Not-To- $30,000Exceed
Total Base Price: $98,294
OPTION PERIOD 1: 12 MONTHS FROM EFFECTIVE DATE OF OPTION PERIOD 1
OPTION PERIOD 2: 12 MONTHSCLIN # DESCRIPTION
2001 Course Presentation
FROM EFFECTIVE DATE OF OPTION PERIOD 2UNIT UNIT EST. QTY TOTALPRICE PRICE
EA 1 $42,790.00TOTAL PRICE OPTION PERIOD 2 1 $42,790.00I
OPTION PERIOD 3: 12 MONTHSCLIN # DESCRIPTION
3001 Course Presentation
FROM EFFECTIVE DATE OF OPTION PERIOD 3UNIT UNIT EST. QTY fTOTALPRICE 1 PRICE
EA 1 I $43,906.00TOTAL PRICE OPTION PERIOD 3 1 $43.906.00
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v-
OPTION PERIOD 4: 12 MONTHS FROM EFFECTIVE DATE OF OPTION PERIOD 4CLIN DESCRIPTION UNIT UNIT EST. QTY TOTAL
PRICE PRICE4001 Course Presentation EA 1 $45,055.00
TOTAL PRICE OPTION PERIOD 4 $45,055.00
Total Price Base and All Option Years: $271,752.00
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SECTION C - Description/Specifications
C.1 STATEMENT OF WORK
1 Background
The mission of the NRC is to license and regulate the Nation's civilian use of byproduct, source,and special nuclear materials in order to ensure adequate protection of public health and safety,promote the common defense and security, and protect the environment. The U.S. NuclearRegulatory Commission, NRC, provides training to Agency and Agreement State personnel insupport of its mission to identify conditions which might adversely affect the health and safety ofthe public, and in accordance with the Atomic Energy Act.
The NRC has identified a need to provide training to Agency personnel on the topic of"Environmental Risk Assessment Analysis." This training has been identified as critical forsuccess of Agency personnel in evaluating the design, operation, and assessment ofradiological impacts to the environment by licensees. Participants in the training course will usethe acquired knowledge for performance evaluations of licensee environmental assessments,performing environmental impact reviews, inspecting licensee programs, and managingenvironmental projects.
2 Scope of Work
The contractor shall furnish the necessary qualified personnel, materials and services todevelop and present the training course, "Environmental Risk Assessment Analysis," inaccordance with the identified course objective. The course length should be limited toapproximately 35 hours of instruction. The contractor will be expected to provide the neededinstructional personnel, instructional materials, and students training materials for 24 studentsfor the course to be conducted at a designated NRC Facility.
3 Contract Objective
The purpose of this contract is to present a training course entitled, "Environmental RiskAssessment Analysis." This course is intended to increase and maintain the technicalcompetencies of NRC personnel in evaluating the design, operation and assessment ofradiological impacts to the environment by licensees.
The objective of this training will be to inform course participants on the regulatory basis forenvironmental assessments; techniques used to conducting source term modeling for air, soil,groundwater, and surface water releases; discussion of exposure pathways including directradiation, ingestion, inhalation and submersion from releases of radioactive materials to theenvironment; methodologies used in conducting transport modeling including a performanceassessment framework; techniques used to conduct parametric sensitivity and uncertaintyanalyses; dose conversion factors; and, development of sampling and analytical methodologiesused for confirmatory analysis. Analytical, numerical, and computer programs used to performthese types of assessments should be discussed, simulated, and/or demonstrated to aid thestudents understanding.
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4 Specific Tasks
The contractor shall furnish qualified personnel and services to develop and present the trainingidentified below. The contractor shall update and maintain training presentations current foreach class.
The following paragraphs describe the tasks to be accomplished under this contract.
4.1 Develop the Environmental Risk Assessment Analysis Course
The contractor shall furnish the necessary qualified personnel, materials and services to presentthe training course, "Environmental Risk Assessment Analysis," in accordance with theidentified course objective.
The course should inform course participants on the regulatory basis for environmentalassessments; techniques used to conducting source term modeling for air, soil, groundwater,and surface water releases; discussion of exposure pathways including direct radiation,ingestion, inhalation and submersion from releases of radioactive materials to the environment;methodologies used in conducting transport modeling including a performance assessmentframework; techniques used to conduct parametric sensitivity and uncertainty analyses; doseconversion factors; and, development of sampling and analytical methodologies used forconfirmatory analysis. Analytical, numerical, and computer programs used to perform thesetypes of assessments should be discussed, simulated, and/or demonstrated to aid the studentsunderstanding.
The primary textbook that shall be used for this course is "Radiological Risk Assessment and
Environmental Analysis" (Oxford University Press, 2008, John E. Till and Helen A. Grogan)
Subtask 2 - Develop Course Schedule and outline for the Student Manual
The contractor shall develop a schedule and proposed outline for presentation of the topics forthe student manual. The proposed schedule and draft outline of the student manual shall besubmitted to the NRC COR for approval within 15 days of the Post Award Meeting.
Subtask 3 - Develop Student Manual
The contractor shall develop:
a. Student materials including learning objectives, textual materials and presentations. Anytextual material (excluding PowerPoint Presentations) shall be formatted as described inHuman Resources Training and Development (HRTD) Operating Procedure 0408"Training Material Style Guide" (copy to be provided).
4.2 TASK 2 - Presentation of the Environmental Risk Assessment Training Course
The contractor will be expected to provide the needed instructional personnel, instructionalmaterials, and students training materials for 24 students for the course to be conducted at adesignated NRC Facility. The course will be no more than (5) business days in duration and willbe presented in a lecture style format with interaction from the class participants. Classes shalltypically start no earlier than 8:00 AM and end no later than 4:30 PM with reasonable breaks
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and approximately one hour for lunch. The maximum class size for the course shall be 24students. The COR or his/her designee may also attend to monitor the course.
a. The contractor shall provide a student manual to each student in support of the lectures.The student manual should include learning objectives, a table of contents, schedule,any textual materials, PowerPoint slides, and copies of handouts used during the lecturepresentations.
b. The contractor shall provide a copy of the textbook, "Radiological risk Assessment andEnvironmental Analysis" (Oxford University Press, 2008, John E. Till and Helen A.Grogan) to each student as part of the student materials for each course.
c. The contractor shall arrive in sufficient time prior to the start of each class to check/setupthe training room, lay out course materials, prepare equipment, etc. as necessary.
The contractor shall not accept any direction or tasking from anyone other than the COR orcontracting officer. If the contractor is contacted by anyone else regarding performance of workunder this contract, the contractor shall refer the individual to the COR and notify the COR via e-mail.
The COR may authorize the contractor to discuss issues relating to the performance of workunder this contract with other individuals. However, the COR shall not authorize anydiscussions concerning activities which are outside of the scope of this contract. Nodiscussions between the contractor and any other individual permitted by the COR shall involvethe commitment of funds. The contractor shall only initiate work upon the written authorizationof the COR. Any work not identified in the contract must be reviewed and approved by writtenmodification signed by the Contracting Officer. If anyone else attempts to authorize suchactivity, the contractor shall ignore the request and notify the COR immediately.
5. Applicable Documents and Standards:
Relevant documents related to the NRC regulatory process (e.g., NRC regulations, RegulatoryGuides, Information Notices, Bulletins, etc.) may be downloaded for use in development of thetraining materials or for distribution to students during the training (seehttp://www.nrc.ciov/readinq-rm/doc-collections/). In those instances where the contractorrequires an NRC document which is not available for download, the NRC COR will provide onehard copy to the contractor, assuming it is available.
6. REPORTS
Within thirty (30) days of completion of each course, the contractor shall submit a CoursePresentation Report to the NRC COR. All reports shall be submitted in Adobe PDF formatunless otherwise indicated by the COR, and must contain:
a. A cover letter report discussing course accomplishments, problems and recommendationsfor improvement. The recommendations shall consider any verbal student feedbackprovided and any written evaluations submitted by non-NRC students.
b. Scanned copies of Student Information Sheets in an Adobe PDF format.
c. The NRC COR will provide the contractor PDF copies of any course evaluation forms
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9
received. These evaluation forms shall be included in the report, as well as a summary ofthe most relevant student comments.
d. One copy, electronic preferred (paper copy acceptable) of the materials provided to thestudents or used to support the course (e.g., student manual, instructors manual, handoutsand visuals) if different from those provided previously to the COR.
By the termination date of the contract or within 30 days following the last course presentationreport, a final contract report shall be prepared and submitted to the NRC COR (see below).
7. FINAL REPORT
The contractor shall furnish a final report by the end date of the contract or within thirty (30)days of the final course presentation whichever is later. The report shall be sent to the COR.The report shall include as a minimum:
a. A technical report of the work completed;
b. Any problems or delays encountered and their solutions; and
c. Recommendations for improvements.
The contractor shall also return to the COR all government furnished materials and shalltransfer all materials developed by the contractor at the expense of the government to the COR.Training materials shall be provided in both electronic (original format such as Microsoft Wordand PowerPoint not PDF) and paper copy.
8. SPECIFIC REQUIREMENTS
The contractor shall ensure that all of the training materials reflect current NRC policy,procedures, regulations and guidance at the time training is conducted.
Training materials and presentations shall always reflect current, up-to-date technicalinformation.
9. DELIVERABLE ITEMS/DELIVERY SCHEDULE
ITEM DESCRIPTION QUANTITY SCHEDULE
1 Participate in a Post-Award N/A Within thirty (30) days ofMeeting contract award
2 Course Schedule and Outline One paper copy Within fifteen (15) days afterfor the Student Manual and one electronic Post-Award meeting
copy
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3 Draft schedule, draft learning One paper copy Within forty-five (45) days ofobjectives, draft Student and one electronic receipt of written comments (e-
Manual, draft handouts (if any), copy mail acceptable) from the COR
and draft visual aids (if any)
4 Draft Student Manual One paper copy Within forty-five (45) days ofand one electronic receipt of written comments (e-
copy mail acceptable) from the COR
5 Individual copies of Student 24 Within seven (7) days of the firstManual, handouts (if any), day of each course session (tocourse text book and visual be shipped by the contractor toaids (if any) for each course designated course locationattendee specified in the Delivery Order)
6 Course report and copy of 1 Electronic Copy Within thirty (30) days ofStudent Manual and other completion of each coursecourse materials used toconduct the course if revisedfrom previous submissions
7 Final Contract Report 1 Electronic Copy By the termination date of thecontract or within thirty (30) daysfollowing the last coursepresentation whichever is later
10. COURSE SCHEDULING, CANCELLATON, AND LOCATION
One (1) Environmental Risk Assessment Analysis Course will be requested during the BaseYear of the contract. Depending on the needs of the NRC, additional courses may berequested up to a maximum of (1) during each option year of the contract.
Exact course dates and locations shall be arranged between the COR and the contractor andconfirmed by written delivery from the COR to the contractor.
The NRC may reschedule or cancel any session without obligation to the government shouldthe NRC determine no later than thirty (30) days prior to the time a course session is to beginthat the need is insufficient to conduct the training or some other unanticipated event hasoccurred.
11. TRAVEL
The contractor shall travel to the training location specified by the COR. Training will beconducted at an NRC designated training facility or Regional Office in the United States. Travel,lodging and per-diem must be pre-approved in writing and will be reimbursed consistent withfederal travel regulation expense limits.
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12. Key Personnel
The course shall be conducted by personnel with experience in the field radiologicalenvironmental risk assessment and related instructional experience. Instructors should befamiliar with the NRC's regulatory framework related to radiological environmentalcompliance.
1) Course instructors must have a minimum of 10 years of experience in radiologicalsource term analysis and environmental transport modeling including the assessmentof radiological exposure, dose and risk.
2) Course instructors should have a minimum of 5 years of instructional experienceproviding training in radiological environmental risk assessment. Experience using thetextbook "Radiological Risk Assessment and Environmental Analysis" (Oxford UniversityPress, 2008, John E. Till and Helen A. Grogan) is preferred.
3) Course Instructors should have an Advanced Degree (M.S or higher) in engineering,health physics or environmental science or a related technical field. An additional fiveyears of experience can be substituted for the Advanced Degree if the experience is inradiological environmental risk assessment.
The instructors shall be expected to:
a. Maintain control of the learning time so that the presentation of information, key points andcourse objectives are met, and reasonable breaks are provided within the overall courseschedule.
b. Control distractions, such as questions that are of minimal interest to the class as a wholeand that can be answered later and/or individually.
c. Observe the effect of the instruction on the class and reasonably attempt to clarify, provideexamples, or in some way, direct the course to help correct problems and improve theparticipant's opportunity to learn.
d. Improve materials and correct errors or other problems that may occur during a course.
13. CONTRACT MONITORING
The NRC COR or an individual(s) designated by the COR may attend courses to ensure thatthe quality of instruction and the materials provided are adequate, up-to-date, and meet theAgency's requirements.
14. GOVERNMENT FURNISHED EQUIPMENT/PROPERTY
a. The NRC will furnish the contractor with the following
(1) The NRC website location where relevant documents (e.g., NRC regulations,Regulatory Guides, Information Notices, Bulletins, etc.) may be downloaded for use in
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development of the training materials or for distribution to students during the training(see http://www.nrc.gov/reading-rm/doc-collections/). In those instances where thecontractor requires an NRC document which is not available for download, the NRCCOR will provide one hard copy to the contractor, assuming it is available.
(2) The NRC will provide projector(s) for displaying presentations by the contractor anditems for use by the students such as pens, highlighters etc.
(3) A copy of HRTD Operating Procedure 0408 "Training Material Style Guide" fordevelopment of any texts (excluding PowerPoint Presentations).
(4) Facilities for conducting the course. Any unique requirements may have to be
provided by the contractor if they are not available from the NRC.
15. CONTRACTOR FURNISHED ITEMS
The contractor shall provide all necessary instructional materials including student manuals, textbooks, handouts and audio-visual media for the conduct of the class (not more than 24 perclass). A single copy of all these materials shall be provided to the NRC COR in both electronicformat and hard copy. The software used by the contractor shall be compatible with thesoftware used by the COR (e.g., MS Word 2010, Microsoft PowerPoint 2010, Microsoft Excel2010, etc.) at the time the materials are provided. All of the materials used during the training(e.g., manuals, visual aids etc.) shall be non-proprietary and shall become the property of theNRC. The NRC retains rights to these materials and may distribute them to anyone withoutrestriction.
The contractor shall provide their own laptop for presenting their materials. The laptop will beconnected to an NRC provided projector.
The contractor shall designate an individual who shall be responsible for supervising theperformance of work under the contract and who shall perform quality assurance in meeting theobjectives and goals of the training. This designated individual is not required to be presentduring all training but shall be the focal point for any problems which may arise.
16. Quality Assurance Plan
The NRC COR will review the contractor's outline and student manual submissions to ensurethat all materials meet contract requirements. The NRC COR will also review the CoursePresentation Reports, student evaluations and the Final Contract Report.
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SECTION D - Packaging and Marking
D.1 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 orderto provide NRC with recognition for its involvement in and contribution to the project. If the workperformed is funded entirely with NRC funds, then the contractor must acknowledge thatinformation in its documentation/presentation.
Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of the Chief HumanCapital Officer, under Contract/order number NRC-HQ-84-14-C-0014.
D.2 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 andclosures shall comply with the Surface Transportation Board, Uniform Freight ClassificationRules, or regulations 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.
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I
SECTION E - Inspection and Acceptance
E.1 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 allinspection work performed by the Contractor shall be maintained and made available tothe Government 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 thecontract, to the extent practicable at all times and places during the term of the contract.The Government shall perform inspections and tests in a manner that will not undulydelay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor ora subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish,at no increase 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 Governmentmay require 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 servicesperformed.
(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 Contractorany cost incurred by the Government that is directly related to the performance ofsuch service; or
(2) Terminate the contract for default.
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SECTION F - Deliveries or Performance
F.1 NRCF030D PERIOD OF PERFORMANCE ALTERNATE IV
The ordering period for this contract shall commence on the date of award and will expire on09/29/2015. The term of this contract may be extended at the option of the Government for anadditional four one year option years until 9/29/2019.
Base Period: 09/30/2014 - 09/29/2015Option Period 1: 09/30/2015 - 09/29/2016Option Period 2: 09/30/2016 - 09/29/2017Option Period 3: 09/30/2017 - 09/29/2018Option Period 4: 09/30/2018 - 09/29/2019
F.2 DELIVERY SCHEDULE
DELIVERABLE ITEMS/DELIVERY SCHEDULE
All deliverables should be submitted to the NRC Contracting Officer Representative (COR). Thecontractor shall provide all course materials in both paper format (hard copy) and electronicformat (CD or DVD) using MS Office software compatible with that used by the COR (e.g., 2010or newer). A copy of any video to be used will also be provided on DVD. The contractor maypropose alternate formats but the decision of the COR conveyed to the contractor via e-mail isfinal.
ITEM DESCRIPTION QUANTITY SCHEDULE
1 Participate in a Post-Award N/A Within thirty (30) days ofMeeting contract award
2 Course Schedule and Outline One paper copy Within fifteen (15) days afterfor the Student Manual and one electronic Post-Award meeting
copy
3 Draft schedule, draft learning One paper copy Within forty-five (45) days ofobjectives, draft Student and one electronic receipt of written comments (e-
Manual, draft handouts (if any), copy mail acceptable) from the COR
and draft visual aids (if any)
4 Draft Student Manual One paper copy Within forty-five (45) days ofand one electronic receipt of written comments (e-
copy mail acceptable) from the COR
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5 Individual copies of Student 24 Within seven (7) days of the firstManual, handouts (if any), day of each course session (tocourse text book and visual be shipped by the contractor toaids (if any) for each course designated course locationattendee specified in the Delivery Order)
6 Course report and copy of 1 Electronic Copy Within thirty (30) days ofStudent Manual and other completion of each coursecourse materials used toconduct the course if revisedfrom previous submissions
7 Final Contract Report 1 Electronic Copy By the termination date of thecontract or within thirty (30) daysfollowing the last coursepresentation whichever is later
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SECTION G - Contract Administration Data
G.1 NRCG030 ELECTRONIC PAYMENT (SEP 2014)
The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refundsbe made by Electronic Funds Transfer. Payment shall be made in accordance with FAR52.232-33, 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 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." The preferred method of submitting invoices is electronically to:[email protected].
G.2 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 andcontractors. FedConnecl® provides bi-directional communication between thevendor/contractor and the NRC throughout pre-award, award, and post-award acquisitionphases. Therefore, in order to do business with the NRC, vendors and contractors mustregister to use FedConnect® at https://www.fedconnect.net/FedConnect. The individualregistering in FedConnect® must have authority to bind the vendor/contractor. There is nocharge for using FedConnect®. Assistance with FedConnect® is provided by CompusearchSoftware Systems, not the NRC. FedConnecl contact and assistance information is providedon the FedConnect@ web site at https://www.fedconnect.net/FedConnect.
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ISECTION H - Special Contract Requirements
H.1 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 thiscontract require their presence on-site shall be clearly identifiable by a distinctive badgefurnished by the Government. The Project Officer shall assist the contractor in obtaining thebadges for contractor personnel. It is the sole responsibility of the contractor to ensure that eachemployee has proper identification at all times. All prescribed identification must be immediatelydelivered to the Security Office for cancellation or disposition upon the termination ofemployment of any contractor personnel. Contractor personnel shall have this identification intheir possession during on-site performance under this contract. It is the contractor's duty toassure that contractor personnel enter only those work areas necessary for performance ofcontract work and to assure the safeguarding of any Government records or data that contractorpersonnel may come into contact with.
H.2 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 is not NRC policy to encourage offerors and contractors to propose current/former agencyemployees to perform work under NRC contracts and as set forth in the above cited provision,the use of such employees may, under certain conditions, adversely affect NRC's considerationof non-competitive proposals and task orders.
(b) There [] are [X ] are no current/former NRC employees (including special Governmentemployees performing services as experts, advisors, consultants, or members of advisorycommittees) who have been or will be involved, directly or indirectly, in developing the offer, orin negotiating on behalf of the offeror, or in managing, administering, or performing any contract,consultant agreement, or subcontract resulting from this offer. For each individual so identified,the Technical and Management proposal must contain, as a separate attachment, the name ofthe individual, the individual's title while employed by the NRC, the date individual left NRC, anda brief description of the individual's role under this proposal.
H.3 2052.209-72 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 anyfirm or organization the result of which may give rise to a conflict of interest with respect to thework being performed under this contract. The contractor shall ensure that all employees underthis contract abide by the provision of this clause. If the contractor has reason to believe, withrespect to itself or any employee, that any proposed consultant or other contractual
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arrangement with any firm or organization may involve a potential conflict of interest, thecontractor shall obtain the written approval of the contracting officer before the execution ofsuch 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 theaudit, inspection, or review are the same as or substantially similar to the services within thescope of this contract (or task order as appropriate) except where the NRC licensee or applicantrequires the contractor's support to explain or defend the contractor's prior work for the utility orother entity which 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 similartechnical area for that licensee or applicant organization for a period commencing with theaward of the task order or beginning of work on the site (if not a task order contract) and endingone year after completion of all work under the associated task order, or last time at the site (ifnot a task order contract).(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 the periodof 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 yearthereafter.(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicitor perform this type of work (except work in the same or similar technical area) if the contractingofficer 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 definedin 48 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 thecontracting officer. This statement must include a description of the action which the contractorhas taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however,terminate the contract if 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,the contractor agrees that it will disclose all proposed new work involving NRC licensees orapplicants which comes within the scope of work of the underlying contract. Further, if thiscontract involves work at a licensee or applicant site, the contractor agrees to exercise diligenceto discover and disclose any new work at that licensee or applicant site. This disclosure must bemade before the submission of a bid or proposal to the utility or other regulated entity and mustbe received by the NRC at least 15 days before the proposed award date in any event, unless awritten justification demonstrating urgency and due diligence to discover and disclose isprovided by the contractor and approved by the contracting officer. The disclosure must includethe statement of work, the dollar value of the proposed contract, and any other documents thatare needed to fully describe the proposed work for the regulated utility or other regulated entity.NRC may deny approval of the disclosed work only when the NRC has issued a task orderwhich includes the technical area and, if site-specific, the site, or has plans to issue a task orderwhich includes the technical area and, if site-specific, the site, or when the work violatesparagraphs (c)(2), (c)(3) or (c)(4) of this section.
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(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 Actof 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section552 (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,whichever is 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(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)), orthe Freedom 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 orfor such erroneous representations that necessarily imply bad faith, the Government mayterminate the contract for default, disqualify the contractor from subsequent contractual efforts,and pursue other remedies 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 therefor (solicited or unsolicited) which stem directly from thecontractor's performance of work under this contract. Furthermore, unless so directed in writingby the contracting officer, the contractor may not perform any technical consulting ormanagement support services work or evaluation activities under this contract on any of itsproducts or services or the products or services of another firm if the contractor has beensubstantially involved in the development 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 maynot incorporate its products or services in the statement of work or specifications unless sodirected in writing by the contracting officer, in which case the restrictions in this paragraph donot apply.(2) Nothing in this paragraph precludes the contractor from offering or selling its standardcommercial items to the Government.
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H.4 2052.215-70 KEY PERSONNEL. (JAN 1993)
(a)The following individuals are considered to be essential to the successful performance of thework hereunder:
1. John Till2. Helen Grogan3. Bruce Jacobs4. Justin Mohler5. Shawn Mohler6. Arthur Rood7. Pete Shanahan
*The contractor agrees that personnel may not be removed from the contract work or replaced
without compliance with paragraphs (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected tobecome, unavailable for work under this contract for a continuous period exceeding 30 workdays, or is expected to devote substantially less effort to the work than indicated in the proposalor initially anticipated, the contractor shall immediately notify the contracting officer and shall,subject to the concurrence of the contracting officer, promptly replace the personnel withpersonnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailedexplanation of the circumstances necessitating the proposed substitutions. The request mustalso contain a complete resume for the proposed substitute and other information requested orneeded by the contracting officer to evaluate the proposed substitution. The contracting officerand the project officer shall evaluate the contractor's request and the contracting officer shallpromptly notify the contractor of his or her decision in writing.
(d) If the contracting officer determines that suitable and timely replacement of key personnelwho have been reassigned, terminated, or have otherwise become unavailable for the contractwork is not reasonably forthcoming, or that the resultant reduction of productive effort would beso substantial as to impair the successful completion of the contract or the service order, thecontract may be terminated by the contracting officer for default or for the convenience of theGovernment, as appropriate. If the contracting officer finds the contractor at fault for thecondition, the contract price or fixed fee may be equitably adjusted downward to compensatethe Government for any resultant delay, loss, or damage.
H.5 PROJECT OFFICER AUTHORITY (OCT 1999) - ALTERNATE I (OCT 1999)
(a) The contracting officer's authorized representative, hereinafter referred to as the projectofficer, for this contract is:
Name: Latonya MahlahlaAddress: US NRC Technical Training CenterOsborne Office Center5716 Marlin Road STE 200Chattanooga, TN 374115677Telephone Number: 423-855-6403
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(b) The project officer shall:
(1) Place delivery orders for items required under this contract up to the amount obligated onthe contract award document.
(2) Monitor contractor performance and recommend changes in requirements to the contracting
officer.
(3) Inspect and accept products/services provided under the contract.
(4) Review all contractor invoices/vouchers requesting payment for products/services providedunder 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.
H.6 NRCH070 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY
(a) The NRC will provide the contractor with the following items for use under this contract:
(1) The NRC website location where relevant documents (e.g., NRC regulations,Regulatory Guides, Information Notices, Bulletins, etc.) may be downloaded for use indevelopment of the training materials or for distribution to students during the training(see http://www.nrc.gov/reading-rm/doc-collections/). In those instances where thecontractor requires an NRC document which is not available for download, the NRCCOR will provide one hard copy to the contractor, assuming it is available.
(2) The NRC will provide projector(s) for displaying presentations by the contractor anditems for use by the students such as pens, highlighters etc.
(3) A copy of HRTD Operating Procedure 0408 'Training Material Style Guide" fordevelopment of any texts (excluding PowerPoint Presentations).
(4) Facilities for conducting the course. Any unique requirements may have to beprovided by the contractor if they are not available from the NRC.
(b) 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 GovernmentProperty Clause under this contract and FAR Subpart 45.5, as in effect on the date of thiscontract. The contractor shall investigate and provide written notification to the NRCContracting Officer (CO) and the NRC Division of Facilities and Security, Physical SecurityBranch of all cases of loss, damage, or destruction of Government property in its possession orcontrol not later than 24 hours after discovery. The contractor must report stolen Governmentproperty to the local police and a copy of the police report must be provided to the CO and tothe Division of Facilities and Security, Office of Administration.
(c) All other equipment/property required in performance of the contract shall be furnished bythe Contractor.
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H.7 NRCH470 GREEN PURCHASING (SEP 2013)
(a) In furtherance of the sustainable acquisition goals included in Executive Order 13514,"Federal Leadership in Environmental, Energy, and Economic Performance," products andservices acquired under this contract/order shall be energy-efficient (Energy Star or FederalEnergy Management Program (FEMP) designated), water-efficient, biobased, environmentallypreferable (e.g., Electronic Product Environmental Assessment Tool (EPEAT) certified), non-ozone depleting, recycled content, and non-toxic or less toxic alternatives, to the maximumextent practicable in meeting NRC contractual requirements.
(b) See NRC's Green Purchasing Plan (GPP) at:http://pbadupws.nrc.gov/docs/ML1219//ML12191 Al 30.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 thatrelate to performance of this contract/order.
H.8 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 nearthe time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared yearly.Final evaluations of contractor performance will be prepared at the expiration of the contractduring the contract closeout process.
The Contracting Officer will transmit the NRC Contracting Officer's Representative's (COR)annual and final contractor performance evaluations to the contractor's Project Manager, unlessotherwise instructed by the contractor. The contractor will be permitted thirty days to review thedocument and submit comments, rebutting statements, or additional information.
Where a contractor concurs with, or takes no exception to an annual performance evaluation,the Contracting Officer will consider such evaluation final and releasable for source selectionpurposes. Disagreements between the parties regarding a performance evaluation will bereferred to an individual 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 aspracticable after it has been finalized. The completed evaluation report also will be used as atool to improve communications between the NRC and the contractor and to improve contractperformance.
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 bereleased to only two parties - the Federal government personnel performing the sourceselection evaluation and the contractor under evaluation if the contractor does not have a copyof the report already.
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SECTION I - Contract Clauses
1.1 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (MAY 2014)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those itemsthat conform to the requirements of this contract. The Government reserves the right toinspect or test any supplies or services that have been tendered for acceptance. TheGovernment may require repair or replacement of nonconforming supplies orreperformance of nonconforming services at no increase in contract price. Ifrepair/replacement or reperformance will not correct the defects or is not possible, theGovernment 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 receive paymentdue as a result of performance of this contract to a bank, trust company, or otherfinancing institution, including any Federal lending agency in accordance with theAssignment of Claims Act (31 U.S.C. 3727). However, when a third party makespayment (e.g., use of the Governmentwide commercial purchase card), the Contractormay not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only bywritten agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failureof 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, whichis 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 nonperformance iscaused by an occurrence beyond the reasonable control of the Contractor and withoutits fault or negligence such as, acts of God or the public enemy, acts of the Governmentin either its sovereign or contractual capacity, fires, floods, epidemics, quarantinerestrictions, strikes, unusually severe weather, and delays of common carriers. TheContractor shall notify the Contracting Officer in writing as soon as it is reasonablypossible after the commencement of any excusable delay, setting forth the fullparticulars in connection therewith, shall remedy such occurrence with all reasonabledispatch, and shall promptly give written notice to the Contracting Officer of thecessation 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 receive
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invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, theorder number;
(iv) Description, quantity, unit of measure, unit price and extended price ofthe items delivered;
(v) Shipping number and date of shipment, including the bill of ladingnumber and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event ofdefective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include itsTIN 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 on theinvoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice,in order for the invoice to be a proper invoice, the Contractor shallhave submitted correct EFT banking information in accordancewith the applicable solicitation provision, contract clause (e.g.,52.232-33, Payment by Electronic Funds Transfer-System forAward Management, or 52.232-34, Payment by Electronic FundsTransfer-Other Than System for Award Management), orapplicable agency procedures.
(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, providedthe 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 with thePrompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFRpart 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT,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 computing thediscount earned, payment shall be considered to have been made on the datewhich 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 overpaid ona 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., duplicate payment,erroneous payment, liquidation errors, date(s) of overpayment);
(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 to theContracting Officer.
(6) Interest. (i) All amounts that become payable by the Contractor to theGovernment under this contract shall bear simple interest from the date due untilpaid unless paid within 30 days of becoming due. The interest rate shall be theinterest rate established by the Secretary of the Treasury as provided in 41U.S.C. 7109, which is applicable to the period in which the amount becomes due,as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractorupon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision asrequired by 33.211 if-
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(A) The Contracting Officer and the Contractor are unable to reachagreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demandedby the Contracting Officer within the timeline specified in thedemand for payment unless the amounts were not repaid becausethe Contractor has requested an installment payment agreement;or
(C) The Contractor requests a deferment of collection on a debtpreviously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, thedemand for payment included in the final decision shall identify the samedue date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including anydemand 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 the Contractorfrom which an amount otherwise payable has been withheld as acredit 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 reduced underthe procedures prescribed in 32.608-2 of the Federal AcquisitionRegulation in effect on the date of this contract.
U) 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 in thecontract, if transportation is f.o.b. destination.
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(k) Taxes. The contract price includes all applicable Federal, State, and local taxes andduties.
(I) Termination for the Government's convenience. The Government reserves the right toterminate this contract, or any part hereof, for its sole convenience. In the event of suchtermination, the Contractor shall immediately stop all work hereunder and shallimmediately cause any and all of its suppliers and subcontractors to cease work. Subjectto the terms of this contract, the Contractor shall be paid a percentage of the contractprice reflecting the percentage of the work performed prior to the notice of termination,plus reasonable charges the Contractor can demonstrate to the satisfaction of theGovernment using its standard record keeping system, have resulted from thetermination. The Contractor shall not be required to comply with the cost accountingstandards or contract cost principles for this purpose. This paragraph does not give theGovernment any right to audit the Contractor's records. The Contractor shall not be paidfor any work performed or costs incurred which reasonably 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 Contractor fails tocomply with any contract terms and conditions, or fails to provide the Government, uponrequest, with adequate assurances of future performance. In the event of termination forcause, the Government shall not be liable to the Contractor for any amount for suppliesor services not accepted, and the Contractor shall be liable to the Government for anyand all rights and remedies provided by law. If it is determined that the Governmentimproperly terminated this contract for default, such termination shall be deemed atermination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under 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 resulting fromany defect or deficiencies in accepted items.
(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; 40U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87,Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement 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, Other
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Compliances, 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 for computersoftware; (5) Solicitation provisions if this is a solicitation; (6) Other paragraphs of thisclause; (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 to thiscontract, the Contractor is responsible during performance and through final payment ofany contract for the accuracy and completeness of the data within the SAM database,and for any liability resulting from the Government's reliance on inaccurate or incompletedata. To remain registered in the SAM database after the initial registration, theContractor is required to review and update on an annual basis from the date of initialregistration or subsequent updates its information in the SAM database to ensure it iscurrent, accurate and complete. Updating information in the SAM does not alter theterms and conditions of this contract and is not a substitute for a properly executedcontractual document.
(2)(i) If a Contractor has legally changed its business name, "doing business as"name, or division name (whichever is shown on the contract), or has transferredthe assets used in performing the contract, but has not completed the necessaryrequirements regarding novation and change-of-name agreements in FARsubpart 42.12, the Contractor shall provide the responsible Contracting Officer aminimum of one business day's written notification of its intention to (A) changethe name in the SAM database; (B) comply with the requirements of subpart42.12; and (C) agree in writing to the timeline and procedures specified by theresponsible Contracting Officer. The Contractor must provide with the notificationsufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph(t)(2)(i) of this clause, or fails to perform 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 showsthe Contractor to be other than the Contractor indicated in the contractwill be considered to be incorrect information within the meaning of the"Suspension of Payment" paragraph of the electronic funds 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 of Claims).Assignees shall be separately registered in the SAM database. Informationprovided to the Contractor's SAM record that indicates payments, including thosemade by EFT, to an ultimate recipient other than that Contractor will beconsidered to be incorrect information within the meaning of the "Suspension ofpayment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annualconfirmation requirements via SAM accessed throughhttps ://www. acquisition. gov.
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(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 or liabilitythat would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shallgovern:
(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 it appearing inthe EULA, TOS, or similar legal instrument or agreement. If the EULA,TOS, or similar legal instrument or agreement is invoked through an "Iagree" click box or other comparable mechanism (e.g., "click-wrap" or"browse-wrap" agreements), execution does not bind the Government orany Government authorized end user to such clause.
(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.
1.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENTSTATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JUN 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)clauses, which are incorporated in this contract by reference, to implement provisions oflaw or 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) (PublicLaws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(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.)
[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)
(41 U.S.C. 3509).
[X] (3) 52.203-15, Whistleblower Protections under the American Recovery and
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Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Appliesto contracts 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) (Reserved)
[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L.111-117, section 743 of Div. C).
[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-DeliveryContracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting withContractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information RegardingResponsibility Matters (JUL 2013) (41 U.S.C. 2313).
[] (10) 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 DivisionC of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745of Division D of Pub. L. 110-161).
[] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV2011) (15 U.S.C. 657a).
[] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone SmallBusiness Concerns (JAN 2011) (if the offeror elects to waive the preference, itshall so indicate in its offer) (15 U.S.C. 657a).
[](13) (Reserved)
[](14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15U.S.C. 644).
[](ii) Alternate I (NOV 2011).
[](iii) Alternate II (NOV 2011).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15U.S.C. 644).
[](ii) Alternate I (OCT 1995) of 52.219-7.
[](iii) Alternate II (MAR 2004) of 52.219-7.
[](16) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C.637(d)(2) and (3).
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[] (17)(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.
[](18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[](19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C.637(a)(14)).
[] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15U.S.C. 637(d)(4)(F)(i)).
[] (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for SmallDisadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offerorelects to waive the adjustment, it shall so indicate in its offer.)
[] (ii) Alternate I (JUN 2003) of 52.219-23.
[](22) 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).
[] (23) 52.219-26, Small Disadvantaged Business Participation Program-IncentiveSubcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C.2323).
[] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small BusinessSet-Aside (NOV 2011) (15 U.S.C. 657f).
[] (25) 52.219-28, Post Award Small Business Program Representation (JUL2013) (15 U.S.C. 632(a)(2)).
[] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).
[] (27) 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 (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2014) (E.O. 13126).
[] (30) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
[X] (31) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
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[3(32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
[](33) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29U.S.C. 793).
[] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C.4212).
[](35) 52.222-40, Notification of Employee Rights Under the National LaborRelations Act (DEC 2010) (E.O. 13496).
[] (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (ExecutiveOrder 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content forEPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicableto the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Notapplicable to the acquisition of commercially available off-the-shelf items.)
[](38)(i) 52.223-13, Acquisition of EPEAT(R)-Registered Imaging Equipment
(JUN 2014)+(E.O.s 13423 and 13514).
(ii) Alternate I (JUN 2014) of 52.223-13.
[](39)(i) 52.223-14, Acquisition of EPEAT(R)-Registered Televisions (JUN 2014)(E.O.s 13423 and 13514).
(ii) Alternate I (JUN 2014) of 52.223-14.
[1(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).
[] (41)(i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal ComputerProducts (JUN 2014) (E.O.s 13423 and 13514).
[]((ii) Alternate I (JUN 2014) of 52.223-16.
[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text MessagingWhile Driving (AUG 2011)
[1(43) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).
[](44)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19U.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.
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[] (ii) Alternate I (MAY 2014) of 52.225-3.
[](iii) Alternate II (MAY 2014) of 52.225-3.
[](iv) Alternate Ill (MAY 2014) of 52.225-3.
[](45) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19U.S.C. 3301 note).
[] (46) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s,proclamations, and statutes administered by the Office of Foreign Assets Controlof the Department of the Treasury).
[] (47) 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).
[] (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007)(42 U.S.C. 5150).
[] (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or EmergencyArea (NOV 2007) (42 U.S.C. 5150).
[](50) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (51) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (52) 52.232-33, Payment by Electronic Funds Transfer-System for AwardManagement (JUL 2013) (31 U.S.C. 3332).
[] (53) 52.232-34, Payment by Electronic Funds Transfer - Other than System forAward Management (JUL 2013) (31 U.S.C. 3332).
[](54) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[](55) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[](56)(i) 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).
[] (ii) Alternate I (APR 2003) of 52.247-64.
(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 inthis contract by reference to implement provisions of law or Executive orders applicableto acquisitions of commercial items: (Contracting Officer check as appropriate.)
[] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C.chapter 67).
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[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29U.S.C. 206 and 41 U.S.C. chapter 67).
[](3) 52.222-43, Fair Labor Standards Act and Service Contract LaborStandards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014)(29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract LaborStandards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter67).
[] (5) 52.222-51, Exemption from Application of the Service Contract LaborStandards to Contracts for Maintenance, Calibration, or Repair of CertainEquipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract LaborStandards to Contracts for Certain Services-Requirements (MAY 2014) (41U.S.C. chapter 67).
[](7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.13495).
[] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations(MAY 2014) (42 U.S.C. 1792).
[] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C.5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with theprovisions of this paragraph (d) if this contract was awarded using other than sealed bid,is in excess of the simplified acquisition threshold, and does not contain the clause at52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representativeof the Comptroller General, shall have access to and right to examine any of theContractor's directly pertinent records involving transactions related to thiscontract.
(2) The Contractor shall make available at its offices at all reasonable times therecords, materials, and other evidence for examination, audit, or reproduction,until 3 years after final payment under this contract or for any shorter periodspecified in FAR Subpart 4.7, Contractor Records Retention, of the other clausesof this contract. If this contract is completely or partially terminated, the recordsrelating to the work terminated shall be made available for 3 years after anyresulting final termination settlement. Records relating to appeals under thedisputes clause or to litigation or the settlement of claims arising under or relatingto this contract shall be made available until such appeals, litigation, or claimsare finally resolved.
(3) As used in this clause, records include books, documents, accounting
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procedures and practices, and other data, regardless of type and regardless ofform. This does not require the Contractor to create or maintain any record thatthe Contractor does not maintain in the ordinary course of business or pursuantto a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d)of this clause, the Contractor is not required to flow down any FAR clause, other thanthose in this paragraph (e)(1) of this paragraph in a subcontract for commercial items.Unless otherwise indicated below, the extent of the flow down shall be as required by theclause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15U.S.C. 637(d)(2) and (3)), in all subcontracts that offer furthersubcontracting opportunities. If the subcontract (except subcontracts tosmall business concerns) exceeds $650,000 ($1.5 million for constructionof any public facility), the subcontractor must include 52.219-8 in lowertier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.13495). Flow down required in accordance with paragraph (I) of FARclause 52.222-17.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C.4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010)(29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National LaborRelations Act (DEC 2010) (E.O. 13496). Flow down required inaccordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41U.S.C. chapter 67).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract LaborStandards to Contracts for Maintenance, Calibration, or Repair of CertainEquipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xi) 52.222-53, Exemption from Application of the Service Contract LaborStandards to Contracts for Certain Services-Requirements (MAY 2014)
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IL
(41 U.S.C. chapter 67).
(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).
(xiii) 52.225-26, Contractors Performing Private Security FunctionsOutside the United States (JUL 2013) (Section 862, as amended, of theNational Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).(xiv) 52.226-6, Promoting Excess Food Donation to NonprofitOrganizations (MAY 2014) (42 U.S.C. 1792). Flow down required inaccordance with paragraph (e) of FAR clause 52.226-6.
(xv) 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). Flowdown required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts forcommercial items a minimal number of additional clauses necessary to satisfy itscontractual obligations.
1.3 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 beexercised more than once, but the total extension of performance hereunder shall not exceed 6months. The Contracting Officer may exercise the option by written notice to the Contractorwithin 30 days.
1.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to theContractor within 30 days; provided that the Government gives the Contractor apreliminary written notice of its intent to extend at least 60days before the contractexpires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered toinclude this option clause.
(c) The total duration of this contract, including the exercise of any options under thisclause, shall not exceed 5 years.
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AI
1.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect asif they were given in full text. Upon request, the Contracting Officer will make their full textavailable. Also, the full text of a clause may be accessed electronically at this/theseaddress(es): http://www.acquisition.gov/far/52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTTO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014)52.222-50 COMBATING TRAFFICKING IN PERSONS. (FEB 2009)52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)52.227-14 RIGHTS AND DATA - GENERAL (DEC 2007)52.232-18 AVAILABILITY OF FUNDS. (APR 1984)52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR 1984)52.232-22 LIMITATION OF FUNDS52.232-39 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)52.242-15 STOP-WORK ORDER. (AUG 1989)52.243-1 CHANGES - FIXED-PRICE. (AUG 1987)52.247-34 F.O.B. DESTINATION. (NOV 1991)
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t
SECTION J - List of Documents, Exhibits and Other Attachments
J.1 BILLING INSTRUCTIONS FOR FIXED-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 System for AwardManagement (SAM) database and for any liability resulting from the Government's reliance oninaccurate or incomplete SAM data.
The contractor shall prepare invoices/vouchers for payment of deliverables identified in thecontract, in the manner described herein. FAILURE TO SUBMIT INVOICES/VOUCHERS 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, shallbe submitted on the payee's letterhead, invoice/voucher, or on the Government's StandardForm 1034, "Public Voucher for Purchases and Services Other than Personal," and StandardForm 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet."
Electronic InvoiceNoucher Submissions: The preferred method of submittinginvoices/vouchers is electronically to the U.S. Nuclear Regulatory Commission, via email to:NRCPayments @ nrc.qov.
Hard-Copy InvoiceNoucher Submissions: If you submit a hard-copy of the invoice/voucher,a signed 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 acquiredwith contract funds having an initial cost of $50,000 or more, in accordance with procedures setforth in NRC Management Directive (MD) 13.1, IV, C - "Reporting Requirements" (revised2/16/2011).
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 ofStandard Form 1449, whichever is applicable.
Frequency: The contractor shall submit invoices/vouchers for payment once each month,unless otherwise authorized by the Contracting Officer.
Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sampleform entitled "Invoice/Voucher for Purchases and Services Other Than Personal". Alternate
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formats are permissible only if they address all requirements of the Billing Instructions. Theinstructions for preparation and itemization of the invoice/voucher are included with the sampleform.
Task Order Contracts: The contractor must submit a separate invoice/voucher for eachindividual task order with pricing information. This includes items discussed in paragraphs (a)through (p) of the attached instructions. In addition, the invoice/voucher must specify thecontract number, and the NRC-assigned task/delivery order number.
Final vouchers/invoices shall be marked "FINAL INVOICE" or "FINAL VOUCHER".
Currency: Invoices/Vouchers must be expressed in U.S. Dollars.
Supersession: These instructions supersede previous Billing Instructions for Fixed-Price TypeContracts (July 2011).
INVOICENVOUCHER 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-E17ARockville, 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. TheDUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at thediscretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for thesame parent concern.
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.(See IRS Web site:http://Hwww. irs. gov/Businesses/SmalI-Businesses-&-SelfE- Employed/Employer-I D-Numbers-(EINs)).
c. Payee's Name and Address. Show the name of the Payee as it appears in the contract andits correct 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 anysuch assignment, that the assignee shall register separately in the System for AwardManagement (SAM) database at http://sam.gov and shall be paid by EFT in accordance withthe terms of this contract. See Federal Acquisition Regulation (FAR) 52.232-33(g) Payment byElectronic Funds Transfer - Central Contractor Registration (October 2003).
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0
d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract(EWC)), GSA Federal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC)number, or Multiple 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. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginning with001 should be designated. Contractors may also include an individual internal accountingnumber, if desired, 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 deliverables were completed and for which payment is requested.
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 orproducts submitted for the invoice period and specify the section or Contract Line Item Number(CLIN) or SubCLIN 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. Adiustments. Insert columns for any adjustments, including outstanding suspensions fordeficient or defective products or nonconforming services, for the current and cumulativeperiods.
q. Grand Totals.
J.2 BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (MAY2013)
General: During performance and through final payment of this contract, the contractor isresponsible for the accuracy and completeness of data within the Central ContractorRegistration (CCR) database and for any liability resulting from the Government's reliance oninaccurate or incomplete CCR data.
The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner and
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format described herein. FAILURE TO SUBMIT INVOICES/VOUCHERS IN ACCORDANCEWITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICE/VOUCHERAS IMPROPER.
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 Purchasesand Services Other than Personal," and Standard Form 1035, "Public Voucher for PurchasesOther than Personal--Continuation Sheet."
Electronic InvoiceNoucher Submissions: The preferred method of submittinginvoices/vouchers is electronically to the U.S. Nuclear Regulatory Commission, via email to:NRCPayments@ nrc.gov.
Hard-Copy InvoiceNoucher Submissions: If you submit a hard-copy of the invoice/voucher,a signed 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 acquiredwith contract funds having an initial cost of $50,000 or more, in accordance with procedures setforth in NRC Management Directive (MD) 13.1, IV, C - "Reporting Requirements" (revised2/16/2011).
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, whicheveris applicable.
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 sampleform entitled "Invoice/Voucher for Purchases and Services Other Than Personal". Alternateformats are permissible only if they address all requirements of the Billing Instructions. Theinstructions for preparation and itemization of the invoice/voucher are included with the sampleform.
Task Order Contracts: The contractor must submit a separate invoice/voucher for eachindividual task order with detailed cost information. This includes all applicable cost elementsand other items discussed in paragraphs (a) through (s) of the attached instructions. Inaddition, the invoice/voucher must specify the contract number, and the NRC-assignedtask/delivery order number.
Billing of Costs after Expiration of Contract: If costs are incurred during the contract periodand invoiced after the contract has expired, you must cite the period during which these costs
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awere incurred. To be considered a proper expiration invoice/voucher, the contractor shallclearly mark it "EXPIRATION INVOICE" or "EXPIRATION VOUCHER".
Final invoices/vouchers shall be marked "FINAL INVOICE" or "FINAL VOUCHER".
Currency: Invoices/Vouchers must be expressed in U.S. Dollars.
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-E17ARockville, 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. TheDUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at thediscretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for thesame parent concern.
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.(See IRS Web site:http://www.irs.qov/Businesses/Small-Businesses-&-Self-Emploved/Emplover-I D-Numbers-(EINs)).
c. Payee's Name and Address. Show the name of the Payee as it appears in the contract andits correct 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 Central Contractor Registration(CCR) database at http://www.ccr.gov and shall be paid by EFT in accordance with the terms ofthis contract. See Federal Acquisition Regulation (FAR) 52.232-33(g) Payment by ElectronicFunds Transfer - 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, or Multiple 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. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginning with001 should be designated. Contractors may also include an individual internal accounting
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number, if desired, in addition to the 3-digit sequential number.
g. Date of Invoicefoucher. Insert the date the invoice/voucher is prepared.
h. Billinq Period. Insert the beginning and ending dates (day, month, year) of the period duringwhich costs were incurred and for which reimbursement is requested.
i. Description of Deliverables. Provide a brief description of supplies or services, quantity, unitcost, and total cost.
j. Work Completed. Provide a general summary description of the services performed orproducts submitted for the invoice period and specify the section or Contract Line Item Number(CLIN) or SubCLIN in the contract pertaining to the required 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. 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 contract inception to end date of this billing period).
(1) Direct Labor. This consists of salaries and wages paid (or accrued) for directperformance of the contract itemized as follows:
Labor Hours CumulativeCategory Billed Rate Total Hours Billed
(2) Fringe Benefits. This represents fringe benefits applicable to direct labor andbilled as a direct cost. Where a rate is used indicate the rate. Fringe benefits includedin direct labor or in other indirect cost pools should not be identified here.
(3) Contractor-acquired property ($50,000 or more). List each item costing $50,000or more 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(as applicable): (a) an item description, (b) manufacturer, (c) model number, (d) serialnumber, (e) acquisition cost, (f) date of purchase, and (g) a copy of the purchasingdocument.
(4) Contractor-acquired property (under $50,000), Materials, and Supplies. Theseare equipment other than that described in (3) above, plus consumable materials andsupplies. List by category. List items valued at $1,000 or more separately. Provide theitem number for each piece of equipment valued at $1,000 or more.
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(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 ordaily rate of the consultant, and reference the NRC approval (if not specifically approvedin the original contract).
(7). Travel. Total costs associated with each trip must be shown in the followingformat:
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 amountseparately.
p. Indirect Costs (Overhead and General and Administrative Expense). Cite the formula (rateand base) in effect in accordance with the terms of the contract, during the time the costs wereincurred and 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,not to exceed $100,000.
(2) If the fee withholding amount has reached $100,000, the contractor may resumebilling the NRC for the balance of its fee under subsequent invoices for workcompleted.
(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 proposalsin accordance 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 cumulativeperiods.
t. Grand Totals.
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3. Sample InvoiceNoucher Information
Sample Invoice/Voucher Information (Supporting Documentation must be attached)
This invoice/voucher represents reimbursable costs for the billing period from through___._
Amount BilledCurrent Period Cumulative
(a) Direct Costs
(1) Direct labor
(2)(3)
Fringe benefits (% of direct labor)Government property ($50,000 or more)
$__________
$___________
$__________
$
(4) Government property, Materials, andSupplies (under $50,000 per item)
(5) Premium pay (NRC approved overtime
(6)(7)
(8)(9)
Consultants FeeTravel
SubcontractsOther costs
$__________
~) $_________
$___________
$___________
$___________
$___________
$___________
$__________
$__________
$___________
$__________
$__________
$__________
$__________
$
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 includedbelow in 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
Labor FringeCategory Salaries Amount
Senior Engineer I $1,400 $280Engineer $ 500 $100Computer Analyst $ 500 $100
$2,400 $480
3) Government-furnished and contractor-acquired property ($50,000 or more) - $60,000
Prototype Spectrometer - item number 1000-01 = $60,000
4) Government-furnished and contractor-acquired property (under $50,000),Materials and Supplies - $2,000
10 Radon tubes @ $110.00 = $1,1006 Pairs Electrostatic gloves @ $150.00 = $ 900
$2,000
5) Premium Pay - $150
Walter Murphy - 10 hours @ $10.00 Per Hour (Reg. Pay) = $100 x 1.5 OT rate = $150(EX: Premium pay for this individual was approved and authorized under this contractby the NRC Contracting Officer by letter dated 6/1/2011.)
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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 Officerby letter 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) $8,218Total Amount Billed $175,020Adjustments (+/-) $8,218Grand Total $166,802
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1,
PART 2009 - CONTRACTOR QUALIFICATIONS
SUBPART 2009.1 - RESPONSIBLE PROSPECTIVE CONTRACOTRS
2009.1,00 NRC policy.
(a) It is NRC policy that only competitively awarded contracts shall be placed with an individualwho was employed by the NRC within two years from the date of the Request for ProcurementAction. This policy also applies to:
(1) The noncompetitive award of contracts to organizations where former NRC employees havedominant ownership interests in the organization, such as partners or majority stockholders;
(2) The noncompetitive award of contracts to organizations where former NRC employees havedominant management interests, such as principal officers, or where the organization ispredominantly staffed by former NRC employees; and
(3) The noncompetitive award of contracts, task orders or other NRC work assignments wherethe particular assignment is to be performed byy.designated former NRC employees, includingprincipal investigators, key personnel, and others 'who will perform more than a nominal amountof the work in question.
(b) The following procurement actions are consider•dlnoncompetitive for the purposes of thispolicy:
(1) Contracts awarded noncompetitively under the Small Business Administration's 8(a)Program;
(2) Individual task orders if the former employee was not identified as "key personnel" in aproposal which was evaluated under competitive procedures;
(3) Unsolicited proposals;
(4) Subcontracts that require review for the purpose of granting consent-under NRC primecontracts.
(c) The term NRC employee includes special Government employees performing services forNRC as experts, advisors, consultants, or members of advisory committees, if
(I) The contract arises directly out of the individual's activity as a special employee:
(2) The individual is in a position to influence the award of the contract; or
(3) The Contracting Officer determines that another conflict of interest exists.
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(d) A justification explaining why it is in the best interest of the Government to contract with anindividual or firm described in paragraphs (a) and (b) of this section on a noncompetitive basismay be approved by the Senior Procurement Executive after consulting with the ExecutiveDirector for Operations. This is in addition to any justification and approvals which may berequired by the FAR for use of other than full and open competition.
(e) Nothing in this policy statement relieves former employees from obligations prescribed bylaw, such as 18 U.S.C. 207, Restrictions on Former Officers, Employees, and Elected Officialsof the Executive and Legislative Branches.
2009.105-70 Contract provisions.
The contracting officer shall insert the following provisions in all solicitations:
(a) 2052.209-70 Current/Former Agency Employee Involvement.
SUBPART 2009.4 - DEBARMENT, SUSPENSION, AND INELIGIBILITY
2009.403 Definitions.
As used in 2009.4:
Debarring official means the Senior Procurement Executive.
Suspending official means the Senior Procurement Executive.
2009.404 Consolidated list of parties excluded from Federal procurement or non-procurement programs.
The contracting officer responsible for the contract affected by the debarment or suspension shallperform the actions required by FAR 9.404(c)(l)-(6).
2009.405 Effect of listing.
Compelling reasons are considered to be present where failure to contract with the debarred orsuspended contractor would seriously harm the agency's programs and prevent accomplishmentof mission requirements. The Senior Procurement Executive is authorized to make thedeterminations under FAR 9.405. Requests for these determinations must be submitted from theHead of the Contracting Activity, through the Director, Office of Administration, to the SeniorProcurement Executive.
2009.405-1 Continuation of current contracts.
The Head of the Contracting Activity is authorized to make the determination to continuecontracts or subcontracts in existence at the time the contractor was debarred, suspended, orproposed for debarment in accordance with FAR 9.405-!.
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2009.405-2 Restrictions on subcontracting.
The Head of the Contracting Activity is authorized to approve subcontracts with debarred orsuspended subcontractors under FAR 9.405-2.
2009.406 Debarment.
2009.406-3 Procedures.
(a) Investigation and referral.
(1) When a contracting officer becomes aware of possible irregularities or any information whichmay be sufficient cause for debarment, the contracting officer must first submit a completestatement of facts (including a copy of any criminal indictments, if applicable) and arecommendation for action to the Head of the Contracting Activity. If the contracting officer'sstatement of facts indicates misconduct on the part of the contractor in regard to an NRCcontract, the Head of the Contracting Activity will refer the matter of misconduct to the InspectorGeneral to determine if an investigation is required prior to referring the case to the debarringofficial.
(2) To the extent the Head of the Contracting Activity believes that sufficient grounds fordebarment exist, independent of any pending investigation by the Inspector General, the Head ofthe Contracting Activity shall immediately forward the case, without reference to any pendinginvestigation, and a recommendation for action to the Senior Procurement Executive for review.In such circumstances, the Head of the Contracting Activity will take no additional action inregard to a specific matter of misconduct referred to the Inspector General prior to consultingwith the Inspector General.
(b) Decision-making process. If, after reviewing the recommendations and consulting with theOffice of the General Counsel and, if appropriate, the Office of the Inspector General, thedebarring official determines debarment is justified, the debarring official shall initiate theproposed debarment in accordance with FAR 9.406-3(c) and notify the Head of the ContractingActivity of the action taken. If the contractor fails to submit a timely written response within 30days after receipt of the notice in accordance with FAR 9.406-3(c)(4), the debarring official maynotify the contractor in accordance with FAR 9.406-3(d) that the contractor is debarred.
(c) Fact-finding proceedings. For actions listed under FAR 9.406-3(b)(2), the contractor shall begiven the opportunity to appear at an informal hearing. The hearing should be held at a locationand time that is convenient to the parties concerned and no later than 30 days after the contractorreceived the notice, if at all possible. The contractor and any specifically named affiliates may berepresented by counsel or any duly authorized representative. Witnesses may be called by eitherparty. The proceedings must be conducted expeditiously and in such a manner that each partywill have an opportunity to present all information considered pertinent to the proposeddebarment.
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2009.407 Suspension.
2009.407-3 Procedures.
(a) Investigation and referral.
(1) When a contracting officer becomes aware of possible irregularities or any information whichmay be sufficient cause for suspension, the contracting officer must first submit a completestatement of facts (including a copy of any criminal indictments, if applicable) and arecommendation for action to the Head of the Contracting Activity. If the contracting officer'sstatement of facts indicates misconduct on the part of the contractor in regard to an NRCcontract, the Head of the Contracting Activity will refer the matter of misconduct to the InspectorGeneral to determine if an investigation is required prior to referring the case to the suspensionofficial.
(21) To the extent the Head of the Contracting Activity believes that sufficient grounds fordebarment exist, independent of any pending investigation by the Inspector General, the Head ofthe Contracting Activity shall immediately forward the case, without reference to any pendinginvestigation, and a recommendation for action to the Senior Procurement Executive for review.In such circumstances, the Head of the Contracting Activity will take no additional action inregard to a specific matter of misconduct referred to the Inspector General prior to consultingwith the Inspector General.
(b) Decision-making process. If, after reviewing the recommendations and consulting with theOffice of the General Counsel, and if appropriate, the Office of the Inspector General, thesuspending official determines suspension is justified, the suspending official shall initiate theproposed suspension in accordance with FAR 9.407-3(b)(2). The contractor shall be given theopportunity to appear at an informal hearing, similar in nature to the hearing for debarments asdiscussed in FAR 9.407-3(b)(2). If the contractor fails to submit a timely written response within30 days after receipt of the notice in accordance with FAR 9.407-3(c)(5), the suspending officialmay notify the contractor in accordance with FAR 9.407-3(d) that the contractor is suspended.
2009.470 Appeals.
A debarred or suspended contractor may appeal the debarring/suspending official's decision bymailing or otherwise furnishing a written notice within 90 days from the date of the decision tothe Executive Director for Operations. A copy of the notice of appeal must be furnished to thedebarring/suspending official.
SUBPART 2009.5 - ORGANIZATIONAL CONFLICTS OF INTEREST
2009.500 Scope of subpart.
In accordance with 42 U.S.C. 22 10a., NRC acquisitions are processed in accordance with2009.570, which takes precedence over FAR 9.5 with respect to organizational conflicts ofinterest. Where non-conflicting guidance appears in FAR 9.5, that guidance must be followed.
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2009.570 NRC organizational conflicts of interest.
2009.570-1 Scope of policy.
(a) It is the policy of NRC to avoid, eliminate, or neutralize contractor organizational conflicts ofinterest. The NRC achieves this objective by requiring all prospective contractors to submitinformation describing relationships, if any, with organizations or persons (including thoseregulated by the NRC) which may give rise to actual or potential conflicts of interest in the eventof contract award.
(b) Contractor conflict of interest determinations cannot be made automatically or routinely. Theapplication of sound judgment on virtually a case-by-case basis is necessary if the policy is to beapplied to satisfy the overall public interest. It is not possible to prescribe in advance a specificmethod or set of criteria which would serve to identify and resolve all of the contractor conflictof interest situations that might arise. However, examples are provided in these regulations toguide application of this policy guidance. The ultimate test is as follows: Might the contractor, ifawarded the contract, be placed in a position where its judgment may be biased, or where it mayhave an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only.Individuals or firms who have other relationships with the NRC (e.g., parties to a licensingproceeding) are not covered by this regulation. This rule does not apply to the acquisition ofconsulting services through the personnel appointment process, NRC ageements with other
Government agencies, international organizations, or state, local, or foreign Governments.Separate procedures for avoiding conflicts of interest will be employed in these agreements, asappropriate.
2009.570-2 Definitions.
Affiliates means business concerns which are affiliates of each other when either directly orindirectly one concern or individual controls orhas the power to control another, or when a thirdparty controls or has the power to control both.
Contract means any contractual agreement or other arrangement with the NRC except asprovided in 2009.570-1 (c).
Contractor means any person, firm, unincorporated association, joint venture, co-sponsor,partnership, corporation, affiliates thereof, or their successors in interest, including their chiefexecutives, directors, key personnel (identified in the contract), proposed consultants orsubcontractors, which are a party to a contract with the NRC.
Evaluation activities means any effort involving the appraisal of a technology, process, product,or policy.
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Offeror or prospective contractor means any person, firm, unincorporated association, jointventure, co-sponsor, partnership, corporation, or their affiliates or successors in interest,including their chief executives, directors, key personnel, proposed consultants, orsubcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain acontract.
Organizational conflicts of interest means that a relationship exists whereby a contractor orprospective contractor has present or planned interests related to the work to be performed underan NRC contract which:
(1) May diminish its capacity to give impartial, technically sound, objective assistance andadvice, or may otherwise result in a biased work product; or
(2) May result in its being given an unfair competitive advantage.
Potential conflict of interest means that a factual situation exists that suggests that an actualconflict of interest may arise from award of a proposed contract. The term potential conflict ofinterest is used to signify those situations that
(1) Merit investigation before contract award to ascertain whether award would give rise to anactual conflict; or
(2) Must be reported to the contracting officer for investigation if they arise during contractperformance.
Research means any scientific or technical work involving theoretical analysis, exploration, orexperimentation.
Subcontractor means any subcontractor of any tier who performs work under a contract with theNRC except subcontracts for supplies and subcontracts in amounts not exceeding $10,000.
Technical consulting and management support services means internal assistance to a componentof the NRC in the formulation or administration of its programs, projects, or policies whichnormally require that the contractor be given access to proprietary information or to informationthat has not been made available to the public. These services typically include assistance in thepreparation of program plans, preliminary designs, specifications, or statements of work.
2009.570-3 Criteria for recognizing contractor organizational conflicts of interest.
(a) General.
(1) Two questions will be asked in determining whether actual or potential organizationalconflicts of interest exist:
(i) Are there conflicting roles which might bias an offeror's or contractor's judgment in relation toits work for the NRC?
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(ii) May the offeror or contractor be given an unfair competitive advantage based on theperformance of the contract?
(2) NRC's ultimate determination that organizational conflicts of interest exist will be made inlight of common sense and good business judgment based upon the relevant facts. While it isdifficult to identify and to prescribe in advance a specific method for avoiding all of the varioussituations or relationships that might involve potential organizational conflicts of interest, NRCpersonnel will pay particular attention to proposed contractual requirements that call for therendering of advice, consultation or evaluation activities, or similar activities that directly lay thegroundwork for the NRC's decisions on regulatory activities, future procurements, and researchprograms. Any work performed at an applicant or licensee site will also be closely scrutinized bythe NRC staff.
(b) Situations or relationships. The following situations or relationships may give rise toorganizational conflicts of interest:
(1) The offeror or contractor shall disclose information that may give rise to organizationalconflicts of interest under the following circumstances. The information may include the scopeof work or specification for the requirement being performed, the period of performance, and thename and telephone number for a point of contact at the organization knowledgeable about thecommercial contract.
(i) Where the offeror or contractor provides advice and recommendations to the NRC in the sametechnical area where it is also providing consulting assistance to any organization regulated bythe NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter onwhich it is also providing assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or has beensubstantially involved in the development or marketing of the products or services of anotherentity.
(iv) Where the award of a contract would result in placing the offeror or contractor in aconflicting role in which its judgment may be biased in relation to its work for the NRC, orwould result in an unfair competitive advantage for the offeror or contractor.
(v) Where the offeror or contractor solicits or performs work at an applicant or licensee sitewhile performing work in the same technical area for the NRC at the same site.
(2) The contracting officer may request specific information from an offeror or contractor or mayrequire special contract clauses such as provided in 2009.570-5(b) in the followingcircumstances:
(i) Where the offeror or contractor prepares specifications that are to be used in competitiveprocurements of products or services covered by the specifications.
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(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies thatare to be incorporated into competitive procurements using the approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information not available to the publicconcerning NRC plans, policies, or programs that could form the basis for a later procurementaction.
(iv) Where the offeror or contractor is granted access to proprietary information of itscompetitors.
(v) Where the award of a contract might result in placing the offeror or contractor in a conflictingrole in which its judgment may be biased in relation to its work for the NRC or might result in anunfair competitive advantage for the offeror or contractor.
(c) Policy application guidance. The following examples are illustrative only and are notintended to identify and resolve all contractor organizational conflict of interest situations.
(1 )(i) Example. The ABC Corp., in response to a Request For Proposal (RFP'), proposes toundertake certain analyses of a reactor component as called for in the RFP. The ABC Corp. isone of several companies considered to be technically well qualified. In response to the inquiryin the RFP, the ABC Corp. advises that it is currently performing similar analyses for the reactormanufacturer.
(ii) Guidance. An NRC contract for that particular work normally would not be awarded to theABC Corp. because the company would be placed in a position in which its judgment could bebiased in relationship to its work for the NRC. Because there are other well-qualified companiesavailable, there would be no reason for considering a waiver of the policy.
(2)(i) Example. The ABC Corp., in response to an RFP, proposes to perform certain analyses of areactor component that is unique to one type of advanced reactor. As is the case with othertechnically qualified companies responding to the RFP, the ABC Corp. is performing variousprojects for several different utility clients. None of the ABC Corp. projects have anyrelationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. isconsidered to be the best qualified company to perform the work outlined in the RFP.
(ii) Guidance. An NRC contract normally could be awarded to the ABC Corp. because noconflict of interest exists which could motivate bias with respect to the work. An appropriateclause would be included in the contract to preclude the ABC Corp. from subsequentlycontracting for work with the private sector that could create a conflict during the performance ofthe NRC contract. For example, ABC Corp. would be precluded from the performance of similarwork for the company developing the advanced reactor mentioned in the example.
(3)(i) Example. The ABC Corp., in response to a competitive RFP, submits a proposal to assistthe NRC in revising NRC's guidance documents on the respiratory protection requirements of 10CFR Part 20. ABC Corp. is the only firm determined to be technically acceptable. ABC Corp.has performed substantial work for regulated utilities in the past and is expected to continue
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similar efforts in the future. The work has and will cover the writing, implementation, andadministration of compliance respiratory protection programs for nuclear power plants.
(ii) Guidance. This situation would place the firm in a role where its judgment could be biased inrelationship to its work for the NRC. Because the nature of the required work is vitally importantin terms of the NRC's responsibilities and no reasonable alternative exists, a waiver of the policy,in accordance with 2?009.570-9 may be warranted. Any waiver must be fully documented inaccordance with the waiver provisions of this policy with particular attention to theestablishment of protective mechanisms to guard against bias.
(4)(i) Example. The ABC Corp. submits a proposal for a new system to evaluate a specificreactor component's performance for the purpose of developing standards that are important tothe NRC program. The ABC Corp. has advised the NRC that it intends to sell the new system toindustry once its practicability has been demonstrated. Other companies in this business areusing older systems for evaluation of the specific reactor component.
(ii) Guidance. A contract could be awarded to the ABC Corp. if the contract stipulates that noinformation produced under the contract will be used in the contractor's private activities unlessthis information has been reported to the NRC. Data on how the reactor component performs,which is reported to the NRC by contractors, will normally be disseminated by the NRC toothers to preclude an unfair competitive advantage. When the NRC furnishes information aboutthe reactor component to the contractor for the performance of contracted work, the informationmay not be used in the contractor's private activities unless the information is generally availableto others. Further, the contract will stipulate that the contractor will inform the NRC contractingofficer of all situations in which the information, developed about the performance of the reactorcomponent under the contract, is proposed to be used.
(5)(i) Example. The ABC Corp., in response to a RFP. proposes to assemble a map showingcertain seismological features of the Appalachian fold belt. In accordance with the representationin the RFP and 2009.570-3(b)(1)(i), ABC Corp. informs the NRC that it is presently doingseismological studies for several utilities in the eastern United States, but none of the sites arewithin the geographic area contemplated by the NRC study.
(ii) Guidance. The contracting officer would normally conclude that award of a contract wouldnot place ABC Corp. in a conflicting role where its judgment might be biased. Section 2052.209-72(c) Work for Others, would preclude ABC Corp. from accepting work which could create aconflict of interest during the term of the NRC contract.
(6)(i) Example. AD Division of ABC Corp., in response to a RFP, submits a proposal to assistthe NRC in the safety and environmental review of applications for licenses for the construction,operation, and decommissioning of fuel cycle facilities. ABC Corp. is divided into two separateand distinct divisions, AD and BC. The BC Division performs the same or similar services forindustry. The BC Division is currently providing the same or similar services required under theNRC's contract for an applicant or licensee.
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(ii) Guidance. An NRC contract for that particular work would not be awarded to the ABC Corp.The AD Division could be placed in a position to pass judgment on work performed by the BCDivision, which could bias its work for NRC. Further, the Conflict of Interest provisions apply toABC Corp. and not to separate or distinct divisions within the company. If no reasonablealternative exists, a waiver of the policy could be sought in accordance with 2009.570-9.
(7)(i) Example. The ABC Corp. completes an analysis for NRC of steam generator tube leaks atone of a utility's six sites. Three months later, ABC Corp. is asked by this utility to perform thesame analysis at another of its sites.
(ii) Guidance. Section 2052.290-72(c)(3) would prohibit the contractor from beginning this workfor the utility until one year after completion of the NRC work at the first site.
(8)(i) Example. ABC Corp. is assisting NRC in a major on-site analysis of a utility's redesign ofthe common areas between its twin reactors. The contract is for two years with an estimatedvalue of $5 million. Near the completion of the NRC work, ABC Corp. requests authority tosolicit for a $100K contract with the same utility to transport spent fuel to a disposal site. ABCCorp. is performing no other work for the utility.
(ii) Guidance. The Contracting Officer would allow the contractor to proceed with thesolicitation because it is not in the same technical area as the NRC work: and the potential fortechnical bias by the contractor because of financial ties to the utility is slight due to the relativevalue of the two contracts.
(9)(i) Example. The ABC Corp. is constructing a turbine building and installing new turbines at areactor site. The contract with the utility is for five years and has a total value of $100 million.ABC Corp. has responded to an NRC Request For Proposal requiring the contractor toparticipate in a major team inspection unrelated to the turbine work at the same site. Theestimated value of the contract is $75K.
(ii) Guidance. An NRC contract would not normally be awarded to ABC Corp. because thesefactors create the potential for financial loyalty to the utility that may bias the technical judgmentof the contractor.
(d) Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potentialorganizational conflicts arising from the performance of a contract is not relevant to adetermination of the existence of conflicts prior to the award of a contract.
(2) It is not relevant that the contractor has the professional reputation of being able to resisttemptations which arise from organizational conflicts of interest, or that a follow-on procurementis not involved, or that a contract is awarded on a competitive or a sole source basis.
2009.570-4 Representation.
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(a) The following procedures are designed to assist the NRC contracting officer in determiningwhether situations or relationships exist which may constitute organizational conflicts of interestwith respect to a particular offeror or contractor. The procedures apply to small purchasesmeeting the criteria stated in the following paragraph (b) of this section.
(b) The organizational conflicts of interest representation provision at 20521209-7 1 must beincluded in solicitations and contracts resulting from unsolicited proposals. The contractingofficer must also include this provision for task orders and contract modifications for new workfor:
(I) Evaluation services or activities;
(2) Technical consulting and management support services;
(3) Research; and
(4) Other contractual situations where special organizational conflicts of interest provisions arenoted in the solicitation and would be included in the resulting contract. This representationrequirement also applies to all modifications for additional effort under the contract except thoseissued under the "Changes" clause. Where, however, a statement of the type required by theorganizational conflicts of interest representation provisions has previously been submitted withregard to the contract being modified, only an updating of the statement is required.
(c) The offeror may, because of actual or potential organizational conflicts of interest, propose toexclude specific kinds of work contained in a RFP unless the RFP specifically prohibits theexclusion. Any such proposed exclusion by an offeror will be considered by the NRC in theevaluation of proposals. If the NRC considers the proposed excluded work to be an essential orintegral part of the required work and its exclusion would be to the detriment of the competitiveposture of the other offerors, the NRC shall reject the proposal as unacceptable.
(d) The offeror's failure to execute the representation required by paragraph (b) of this sectionwith respect to an invitation for bids is considered to be a minor informality. The offeror will bepermitted to correct the omission.
2009.570-5 Contract clauses.
(a) General contract clause. All contracts and simplified acquisitions of the types set forth in2009.570-4(b) must include the clause entitled, "Contractor Organizational Conflicts of Interest,"set forth in 2052.209-72.
(b) Other special contract clauses. If it is determined from the nature of the proposed contractthat an organizational conflict of interest exists, the contracting officer may determine that theconflict can be avoided, or, after obtaining a waiver in accordance with 2009.570-9, neutralizedthrough the use of an appropriate special contract clause. If appropriate, the offeror maynegotiate the terms and conditions of these clauses, including the extent and time period of anyrestriction. These clauses include but are not limited to:
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(1) Hardware exclusion clauses which prohibit the acceptance of production contracts followinga related non-production contract previously performed by the contractor;
(2) Software exclusion clauses;
(3) Clauses which require the contractor (and certain of its key personnel) to avoid certainorganizational conflicts of interest; and
(4) Clauses which provide for protection of confidential data and guard against its unauthorizeduse.
2009.570-6 Evaluation, findings, and contract award.
The contracting officer shall evaluate all relevant facts submitted by an offeror and other relevantinformation. After evaluating this information against the criteria of 2009.570-3, the contractingofficer shall make a finding of whether organizational conflicts of interest exist with respect to aparticular offeror. If it has been determined that real or potential conflicts of interest exist, thecontracting officer shall:
(a) Disqualify the offeror from award;
(b) Avoid or eliminate such conflicts by appropriate measures; or
(c) Award the contract under the waiver provision of 2009.570-9.
2009.570-7 Conflicts identified after award.
If potential organizational conflicts of interest are identified after award with respect to aparticular contractor and the contracting officer determines that conflicts do exist and that itwould not be in the best interest of the Government to terminate the contract, as provided in theclauses required by 2009.570-5, the contracting officer shall take every reasonable action toavoid, eliminate, or, after obtaining a waiver in accordance with 2009.570-9, neutralize theeffects of the identified conflict.
2009.570-8 Subcontracts.
The contracting officer shall require offerors and contractors to submit a representation statementfrom all subcontractors (other than a supply subcontractor) and consultants performing servicesin excess of $10,000 in accordance with 2009.570-4(b). The contracting officer shall require thecontractor to include contract clauses in accordance with 2009.570-5 in consultant agreements orsubcontracts involving performance of work under a prime contract.
2009.570-9 Waiver.
(a) The contracting officer determines the need to seek a waiver for specific contract awards withthe advice and concurrence of the program office director and legal counsel. Upon the
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recommendation of the Senior Procurement Executive, and after consultation with legal counsel,the Executive Director for Operations may waive the policy in specific cases if he determinesthat it is in the best interest of the United States to do so.
(b) Waiver action is strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program;
(2) The work cannot be satisfactorily performed except by a contractor whose interests give riseto a question of conflict of interest.
(3) Contractual and/or technical review and surveillance methods can be employed by the NRCto neutralize the conflict.
(c) The justification and approval documents for any waivers must be placed in the NRC PublicDocument Room.
2009.570-10 Remedies.
In addition to other remedies permitted by law or contract for a breach of the restrictions in thissubpart or for any intentional misrepresentation or intentional nondisclosure of any relevantinterest required to be provided for this section, the NRC may debar the contractor fromsubsequent NRC contracts.
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