contract no. nrc-r2-92-15-c-0002. · 2015. 10. 9. · i• -ihuni/ieu h-ur local xi-'nuuuu i...

SSOLICITATIONICONTRACTIORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF. , /. OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24,&3O R2-15-0079"1 45

2COTCTN.3. AWARD! 4. ORDER NUMBER 5. SOLICITATION NUMBER B. SOLICITATIONNRC-R2 -92 -15-C- 0002 EFFECTIVE DATE ISSUE DATE

7. FOR SOLICITATION L a. NAME b. TELEPHONE NUMBER - (No collect calls) S. OFFER DUE DATEILOCALTIME

INFORMATION CALL:• JERRY PURCELL 3 01 -2 87- 08 48

B. ISSUED BY CODE NRCHQ 10. THIS ACQUISITION IS C] UNRESTRICTED OR []SET ASIDE: % FOR:

WOMEN-OWNED SMALL BUSINESS

US NRC - HQ C] SMALL BUSINESS C] (WOSBI ELIGIBLE UNDER THE WOMEN-OWNED

ACQUISI TI ON MANAGEMENT DIVISION C] HUBZONE SMALL SMALL BUSINESS PROGRAM NIS 419MAIL STOP TWFN-5E03 BUSINESS C EDWDSB

WASHINGTON DC 20555-0001 C-SERVSC-DSBEaD [] 8(A)SIETADR:$50

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNTTERMS 12b. RATINGTION UNLESS BLOCK IS C] 13a. THIS CONTRACT ISA

MARKED RATED ORDER UNDER[] SE SHEDLE PAS 15 FR 00)14. METHOD OF SOLICITATION

C EESCEDLEDAS(1 CR 00 RFQ CIFEB U RFP

15. DEUIVERTO CODE [RG2 lB. ADMINISTERED BY CODE [RG2

US NRC REGION II US NRC REGION IIMARQUIS ONE TOWER MARQUIS ONE TOWER245 PEACETREE CENTER AVENUE NE SUITE 1200 245 PEACHTREE CENTER AVENUE NE SUITE 1200

ATLANTA GA 30303 ATLANTA GA 30303

17a. CONTRACTOR! CODE 7 88 5 3 854 9 FACILITY 18a. PAYMENT WILL BE MADE BY -CODE I•RCPAYMENTSOFFEROR CODE

AWD MANAGEMENT SERVICES US NUCLEAR REGULATORY COMMISSION1745 N BROWN RD STE 110 ONE WHITE FLINT NORTH

LAWRENCEVILLE GA 300438144 11555 ROCKVILLE PIKEMAILSTOP O3-E17A

NRCPAYMENT SNRCGOV

ROCKVILLE MD 20852-2738

TELEPHONE NO.

L]17b. CHECK IF REMITTANCE IS DIFFERENTAND PUT SUCH ADDRESS IN OFFER 155. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK l8a UNLESS BLOCK BELOW___________ ~IS CHECKED J]SEE AODENDUM ______________

19B. 20. 21. 22. 22. 24.ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

This is a firm fixed price contract for theservices described in the Performance WorkStatement. The SEA Requirement Number is04 05/15/505645.

Total Obligation Amount: $69,275.05

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

2015-X0200-FEEBASED-92-92D099-4Z-H-136-i1134-252A $856,375.26

C]27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA C]ARE C]ARE NOT ATTACHED.

[]27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA []ARE C]ARE NOT ATTACHED.

C]2a. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______ 25. AWARD OF CONTRACT: REF. ____________ OFFER

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

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

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

3De.SIGNTUREOF FFERORI:•NR~rT~hR 31. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

3D.NAEAD IL O INE Tpeo rit30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type orprint) 131c. DATE SIGNED3bA. NEDanielleAN TLJones,O SINOres.Tp ornt& CEO 9/24/15I DOMON IQUE MALONE 0 9/ 24 /2 01 5

I• -IHUNI/IEU h-UR LOCAL XI-'NUUUU I OIUSPREVIOUS EDITION IS NOT USABLE

lI'V PLATE - AP nnm SUNSI REVIEW coMPLE'ThSTANDARD FORM 1449 (RCV. 2.J2U12J .. ,IPrescribed by GSA- FAR (48CF5.2.,' e

OCT - 1 2015

Table of ContentsPART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORMSF 1149 AWARD/CONTRACT

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTSB.1 BRIEF DESCRIPTION OF WORK (AUG 2011) ALTERNATE I (AUG 2011)B.2 CONSIDERATION AND OBLIGATION-FIRM FIXED PRICE CONTRACT (AUG

2011)

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORKC.1 PERFORMANCE WORK STATEMENT

SECTION D - PACKAGING AND MARKINGD.1 PACKAGING AND MARKING (AUG 2011)D.2 BRANDING (AUG 2012)

SECTION E - INSPECTION AND ACCEPTANCEN/A

SECTION F - DELIVERIES OR PERFORMANCEF.1 PLACE OF PERFORMANCEF.2 PERIOD OF PERFORMANCE (AUG 2011) ALTERNATE IV (AUG 2011 )

SECTION G - CONTRACT ADMINISTRATION DATAG.1 CONTRACTING OFFICER'S REPRESENTATIVE AUTHORITYG.2 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999)G.3 ELECTRONIC PAYMENT (JUN 2013)

SECTION H - SPECIAL CONTRACT REQUIREMENTSN/A

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE1.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013)1.3 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

ALTERNATE I (OCT 2009)1.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)1.5 52.217-9 OPTION TO EXTEND TERM OF THE CONTRACT (MAR 2000)1.6 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)1.7 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014)1.8 52.21 9-16 LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (JAN 1999)1.9 52.219-17 SECTION 8(a) AWARD (DEC 1996)1.10 52.21 9-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUL 2013)1.11 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL.

LABOR RELATIONS ACT (DEC 2010)1.12 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(DEVIATION) (AUG 2012)

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' ' 113 52.249-14 EXCUSABLE DELAYS (APR 1984)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTSAttachment Billing Instructions

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SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 BRIEF DESCRIPTION OF WORK (AUG 2011) ALTERNATE I (AUG 2011)

(a) The title of this project is:

Instructional Design Support for NRC Region II

(b) The objective of this Performance Work Statement (PWS) is to outline NRC requirements for the

Contractor to provide training and employee development support services.

The contractor must consistently provide the NRC with highly skilled, reliable, responsive, courteous, and

customer-oriented personnel to provide onsite training and development support services required to supportthe short-term and/or long-term needs of the NRC. The contractor must establish and maintain a pool of

qualified personnel to perform "Training and Development Support" services in accordance with therequirements outlined in this PWS.

B.2 CONSIDERATION AND OBLIGATION

The total amount of the Firm-Fixed-Price portion of this contract is $69,275.05. and this amount is fully-funded.

B.3 PRICE/COST SCHEDULE

BASE PERIOD: OCTOBER 1, 2015 THROUGH FEBRUARY 28, 2016OLIN Schedule of Supplies/Services Qty Unit Unit Price Total Price0001 Instructional Design Support MO I I ,

0002 Travel (Cost Reimbursement) Jr LOThe government will pay up to the ratesspecified in the Government Federal TravelRegulations (FTR) for travel destination. NOPAYMENT WILL BE MADE WITHOUTBACKUP DOCUMENTATION/RECEIPTS.*AlI travel must be approved in advance by theNRC ContractingOfficer Representative.*

TOTAL FIRM FIXED PRICE $69,275.05

OPTION PERIOD ONE: MARCH 1, 2016 THROUGH SEPTEMBER 30, 2016 _____

CLIN Schedule of Supplies/Services Qty Unit Fixed Unit Price Total Price

1001 Instructional Design Support _ _ MO


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*OPTION PERIOD TWO: OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017OLIN Schedule of Sup lies/Services Qt _ LUnit Unit Price Total Price202001 Irvlnstructional Desig n Support I - LMO• •

202 Trvl(Cost Reimbursement) LThe government will pay up-to the ratesspecified in the Government Federal TravelRegulations (FTR) for travel destination. NOPAYMENT WILL BE MADE WITHOUTBACKUP DOCUMENTATION/RECEIPTS.*AIl travel must be approved in advance by theNRC Contracting Officer Representative.*


OPTION PERIOD THREE: OCTOBER 1, 2017 THROUGH SEPTEMBER 30, 2018CLIN Schedule of Supplies/Services Qty Unit Unit Price _oa rc3001 Instructional Design uport M

3002 Travel (Cost Reimbursement) LThe government will pay up to the ratesspecified in the Govemment Federal TravelRegulations (FTR) for travel destination. NOPAYMENT WILL BE MADE WITHOUTBACKUP DOCUMENTATION/RECEIPTS.*AIl travel must be approved in advance by theNRC Contracting Officer Representative.*


OPTION PERIOD FOUR: OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019

CLIN Schedule of Supplies/Services Qt, Unit Unit Price Total Price4001 Instructional Design Support ] IM l •

4002 Travel (Cost Reimbursement) LO !The government will pay up to the ratesspecified in the Government Federal TravelRegulations (FTR) for travel destination. NOPAYMENT WILL BE MADE WITHOUTBACKUP DOCUMENTATION/RECEIPTS.*AIl travel must be approved in advance by theNRC Contracting Officer Representative.*

_____ ________________________ TOTAL FIRM FIXED PRICE $176,160.32

OPTION PERIOD FIVE: OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020OLIN Schedule of Sup~plies/Services Qty Unit Unit Price Total Price5001 Instructional Design Support MO

5002 Travel (Cost Reimbursement) LO ,The government will pay up to the ratesspecified in the Government Federal TravelRegulations (FTR) for travel destination. NOPAYMENT WILL BE MADE WITHOUTBACKUP DOCUMENTATION/RECEIPTS.*A11 travel must be approved in advance by the

NRC Contracting Officer Representative.*


TOTAL BASE AND ALL OPTIONS $856,375.26

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SECTION C - PERFORMANCE WORK STATEMENT

1. BACKGROUND

The US Nuclear Regulatory Commission, Region II Office (NRC), is responsible for the protection of the public

health and safety in the civilian use of nuclear power and nuclear materials. The NRC located at Marquis OneTower, Peachtree Center, 245 Peachtree Center Avenue NE, Suite 1200, Atlanta, GA, 30303 is seekingcontractor support to perform resource management and administration associated tasks in support to theagency's mission.

2. OBJECTIVE

The objective of this Performance Work statement (PWS) is to outline NRC requirements for the Contractor to

provide training and employee development support services.

The contractor must consistently provide the NRC with highly skilled, reliable, responsive, courteous, andcustomer-oriented personnel to provide onsite training and development support services required to support

the short-term and/or long-term needs of the NRC. The contractor must establish and maintain a pool ofqualified personnel to perform "Training and Development Support" services in accordance with therequirements outlined in this PWS.

3. SCOPE

The scope of this PWS includes work associated with training and development functional areas.

The Contractor must furnish the personnel necessary to meet the requirements described in this PWS. "TheNRC will provide space for the contractor in the form of routine office supplies, Government FurnishedEquipment (GFE), computer hardware and software, and appropriate access to automated systems toaccomplish the initiatives under this PWS. It is the contractor's responsibility to remain technically competentwith software and equipment used by the NRC. The NRC will provide training for contractor personnel onNRC specific hardware and/or software.

3.1 Training Program Project Management

Coordinates with Senior Management to orchestrate and manage the short and long-term planning process todevelop the Regional Annual Training Plan.

Works with the Financial Management Branch to monitor and reconcile the training cost and expendituresagainst the training budget by planned activity, and updates the training plan expenditure reports as required.

Manages and coordinates NRC's iLearn training system. Responsible for maintaining employee's training

records and producing reports.

Manages the Region's Individual Development Plan process and provides consultative services to theDivisions on recommended and/or required training.

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Serves as the Region's project lead for competency based training initiatives.

3.2 Knowledge Management (KM) Project Management

Coordinates Region II's Knowledge Management program. Responsible for capturing critical information andmaking the applicable information available to the appropriate staff in a timely manner. Ensure Region Il'selectronic reading rooms, procedures, desk references, communities of practice, website and portals areupdated.

3.3 Training Assessments

Conducts needs assessments to determine any unique training requirements in Region I1. Works with theHeadquarters Human Resources Training and Development (HRTD) organization to perform instructionalanalysis and ensure conformity with mission training objectives.

Develops measures to the effectiveness of training; collects and analyzes effectiveness data; provide reportsto Regional senior managers.

Analyzes reports or data relevant to developmental program work assignments or career developmentalactivities. Conducts reviews to determine return on training investment.

3.4 Inspection Training Program

Coordinates a training to support regulatory skills of mid-career employees with technical skills from non-regulatory agencies.

Reviews qualifications to ensure consistency and completeness.

Assists in developing training/coaching to enhance Mentoring skills.

Develops the Scope and documents the informal element of the qualification knowledge needs that are learnedin mentoring and hands on experience.

Assists in developing electronic databases and tools to assist with the administration of the inspection training

program.

3.5 Training Administrative and Logistics support

Maintains library of video and film training aids.

Schedules training sessions for individual training programs ensuring facility setup, audiovisual setup andemployee notification.

Performs logistics planning and preparation for training sessions such as site selection, scheduling instructors,and arranging for course materials and audio visual needs.

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Prepares training status reports, exhibits, and training desk procedures.

Develops and maintain training communications such as updating the Region's web page, the Regionaltraining calendar and newsletter to ensure employees have knowledge of training events and generalinformation.

Remains current on developments in training and instructional methodologies including technologyenhancements and attends periodic seminars, forums, and meetings to ensure currency of education.

4. PERSONNEL REQUIREMENTS

The Contractor shall provide qualified and competent personnel to perform the tasks and functional activitiesdelineated in this PWS. The Contractor shall provide a supervisory point of contact for the NRC ContractingOfficer (COR) to facilitate the resolution of administrative matters involving personnel. The Contractor'spersonnel shall act in a courteous, responsible, knowledgeable and professional manner at all times.

5. SKILL REQUIREMENTS

The Training Administrative Support Specialist basic skill requirements shall include, but are not limited to:

Educational Requirements: BS or MA or MBA in the area of Human Resource Management, IndustrialOrganizational Psychology, Organizational Behavior and/or a related field.

The Contractor shall provide a list of candidates that meet all required basic educational and experiencerequirements and all supporting documents to justify the findings, disposition of applicants, and other relevantfactors.

6. ADMINISTRATIVE REQUIREMENTS

6.1 Travel

An average of 4 trips per year (for calculation purposes, that is equivalent to 2 trips every six (6) months) toHRC HQ office in Rockville MD or a Regional Office to participate in training working groups and KM working

groups.

6.2 Personnel Requirements

The Contractor shall provide qualified and competent personnel to perform the tasks and functional activitiesdelineated in this PWS. The Contractor shall provide a supervisory point of contact for the NRC ContractingOfficer Representative to facilitate the resolution of administrative matters involving personnel. TheContractor's personnel shall act in a courteous, responsible, knowledgeable and professional manner at alltimes.

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'6.3 Pdrsonnel Security Requirements

All contractor personnel working under this contract require IT Security Level II.

6.4 Hours of Operation and Holiday Schedule

Contractor personnel shall work government administrative 80 hours on a biweekly basis with a forty-five (45)unpaid minutes for a lunch break. Work associated with the statement of work shall begin at 7:30am and endat 4:15pm. The work schedule shall be mutually agreed upon. Any changes to the hours of work shall beapproved by the NRC COR. These hours coincide with the NRC Region Il's business hours. Contractor'srepresentative s~hall provide the NRC COR, copies of the biweekly sheets for each Contractor under this PWS.

The following holidays are recognized by the Federal Government:

New Year's Day Martin Luther King's BirthdayPresident's Day Memorial DayIndependence Day Labor DayColumbus Day Veterans' DayThanksgiving Day Christmas Day

6.5 Unavailability of Personnel

If personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contractfor a continuous period exceeding 30 work days, the contractor shall immediately notify the NRC COR andpromptly replace the personnel with personnel of at least substantially equal ability and qualifications. In othercircumstances, where any of the Contractor personnel are absent for three or more consecutive days (example:

vacation), the contractor shall provide backup support as necessary, with the required level of securityclearance.

Each request for approval of substitutions must be in writing and contain a detailed explanation of thecircumstances necessitating the proposed substitution. The request must also contain a complete resume forthe proposed substitute and other information requested or needed by the NRC COR to evaluate the proposedsubstitution. The NRC COR or his/her authorized representative shall evaluate the request and promptlynotify the contractor of his/her approval or disapproval in writing.

If the NRC COR determines that suitable and timely replacement of personnel who have been reassigned,

terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or thatthe resultant reduction of productive effort would be so substantial as to impair the successful completion of thecontract, the Contractor may be terminated by the NRC Contracting Officer for default.

6.6 Performance Measures

The Contractor is required to perform the services described in this Performance Work Statement in a manner

that is satisfactory to the NRC and that will ensure success.

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'The Performance Requirements Summary (see chart below) identifies the areas in which performance iscritical to the success of the contract. The NRC Contracting Officer Representative will assess theContractor's performance on a quarterly basis, as it relates to each of the performance areas in thePerformance Requirements Summary. The COR will complete the Performance Requirements SummaryReport to provide a rating recommendation to the NRC Contracting Officer for review and approval. Uponapproval, the NRC Contracting Officer will provide any recommendation(s) to the Contractor. The Contractorshall address ratings of "unsatisfactory" in writing within 30 days of receiving a copy of the report and describethe means for improvement in any area receiving these ratings.

The Performance Requirements Summary describes the deductions that the NRC may enforce forunsatisfactory performance in the specific areas noted below.

6.7 Performance Requirements Summary

The contractor performance is considered acceptable according to the criteria delineated in the table below.Failure to meet the performance standards will result in an applicable invoice deduction amount and may havea negative impact on the Government's decision to exercise options for future periods of performance.

•.PERFORMANCE REQUIREMENTS :SUMMARY;C:HART.,i:II;il i•?•:;.i;i•?••i;i:7::i:•:•i,Method ofKey Task Performance Measure Surveillance AQL Incentives

Training Support Specialist Training Program Project NRC COR No more than 1 2% deduction fromManagement - Proficient use of documentation deficient monthly invoiceagency training system and instance perreporting capabilities (i.e. iLearn monthsystem). Quarterly Term award eligibility

Performance 90% of data if 90% satisfactoryAssessments meets standard

Attends agency formal and on-the-job training to become ilearnsystem expert.

Provides requested informationaccurately and in a timelymanner.

Training Support Specialist Keeps abreast of agency and NRC COR No more than 1 2% deduction fromindustry Knowledge Management documentation deficient monthly invoice(KM) activities and initiatives, instance per

Quarterly month Term award eligibilityKnowledge Management - All Performance if 90% satisfactoryKM information maintained and Assessments 90% of datakept current, meets standard

Post information within 1 week ofoccurrence; webpage andSharepoint current and updatedas needed.

Training Support Specialist Maintains accurate and complete NRC COR No more than 1 2% deduction frominspection training files, documentation deficient monthly invoice

instance perFiles are complete and comply Quarterly month. Term award eligibilitywith agency and regional Performance if 90% satisfactoryguidelines. Assessments 90% of data

meets standard

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6.8 Quality Assurance Surveillance Plan (QASP)

Introduction:

This performance-based Quality Assurance Surveillance Plan (QASP) sets forth the procedures andguidance that the U.S. Nuclear Regulatory Commission (NRC) will use in evaluating the technicalperformance of the contractor AWD Management Services in accordance with the terms and conditionsof the contract NRC-R2-92-1 5-0-0002.

This QASP will be used as a Government document to assist in monitoring contractor activities and duringinspection and acceptance of contract deliverables. The Government reserves the right to make changesto this QASP during the contract performance. This QASP describes the mechanism for documentingnoteworthy accomplishments or discrepancies for work performed by the contractor. Informationgenerated from surveillance activities will directly feed into the performance discussions with thecontractor.

NOTE: This is an internal Government document and is not a p art of the contract.

Objective:

The purpose of this QASP is to monitor the level of quality for the Training Support Specialist. This planalso provides a framework and methodology for the.Contracting Officer's Representative (COR) to evaluatethe quality of the contractor's performance. The oversight provided in this QASP will help ensure thatrequired levels of quality are consistently maintained throughout the period of performance. Furthermore,this QASP provides the COR with a proactive and dynamic tool to help avoid and mitigate unacceptable ordeficient contractor performance.

This QASP enhances and provides structure to the COR's ability to conduct surveillance activities ofcontractor performance during the life of this contract. The QASP details how and when NRC will monitor,evaluate, and document key tasks/services or deliverables of contractor performance included in thePerformance Work Statement (PWS).

The primary goals of this QASP are to:

1. Bring structure and organization to the Government's monitoring and surveillance of key tasks/services ordeliverables of contractor performance under the above contract.

2. Define the role and responsibilities of participating Government officials.

3. Indicate key tasks/services or deliverables that will be assessed against established performance standards.

4. Describe the evaluation methods and processes (i.e., random sampling, etc.) that will be used by theGovernment during surveillance activities.

5. Document potential 'risk factors of concern during contract performance.

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6. Guide the Government's surveillance efforts to ensure acceptable performance by the contractor.

Roles and Responsibilities of Key Officials:

Names, titles, and key roles/responsibilities.

NRC Officials (i.e. COR`, alternate COR, or 00):1. Valencia R. Hicks, COR,2. Jerry Purcell, Contract Officer

Contractor Officials (i.e.: project manager or key personnel):1. Belita Elmore, Project Manager2. Bridget Evans, Key Personnel

Other Stakeholders (i.e.: potential licensees or internal Government offices):1. None

Key Tasks/Services or Deliverables for Monitoring Surveillance:

At a minimum, the following key tasks/services or deliverables will be evaluated by the QASP:

Maaemn .AShdale Locgion I COffcaTrain ing

AdministrativeLogistics Daily NRC

2Support 5.E Schedule Region II COR

KnowledgeManagementProject 5.B Daily NRC

3 Management Schedule Region II COR`Training Daily NRC

4 Assessments 5.0 Schedule Region II COR,

Surveillance Methodology:

NRC will utilize the following quality assurance surveillance methods.

1. Periodic Monitoring

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*This surveillance method consists of monthly, semi-annually, annual and random surveillance ofdeliverables and contract specific reports generated by the contractor.

2. Types of Surveillance

Examples may include surveillance of key tasks/services or deliverables, conducting employee surveys,collecting customer complaints or feedback, and periodic conversations with the contractor for statuschecks.

NOTE: If a discrepancy is identified with a key task/service or deliverable the NRC will notify the contractor.

Surveillance Documentation:

The following documents may be used by the Government in conducting contractor surveillance:*Reports

* Customer Service Surveys

* Emails

* Meetings/Presentations

* iLearn Reports

Performance Requirements Summary:

The contract Performance Requirements Summary (PRS) identifies thefollowing:

* Key tasks

* Performance Measure

* Acceptable Quality Levels (AQLs)

* Methods of Government Surveillance

* Performance Incentives

(NOTE: PRS is located in section 6.7.1)

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SECTION 0 - PACKAGING AND MARKING

0.1 PACKAGING AND MARKING (AUG 2011)

(a) The Contractor shall package material for shipment to the NRC in such a manner that will ensureacceptance by common carrier and safe delivery at destination. Containers and closures shall comply withthe Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers asapplicable to the mode of transportation.

(b) On the front of the package, the Contractor shall clearly identify the contract number under which theproduct is being provided.

(c) Additional packaging and/or marking requirements are as follows: as specified in the statement of work.

(End of Clause)

0.2 BRANDING (AUG 2012)

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

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Region II Office, under Contract numberNRC-R2-92-1 5-C-0002.

(End of Clause)

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'SECTION E - INSPECTION AND ACCEPTANCE

N/A

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'SECTION F - DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

RII Regional Office location:

Contractor services shall be provided at the following address:

Location AddressNRC Region 2 Marquis One Tower

245 Peachtree Center Avenue, NE

Suite 1200

Atlanta, Georgia 30303-1 257

F.2 PERIOD OF PERFORMANCE

Base Period.Option Period One.Option Period Two.Option Period Three.Option Period Four.Option Period Five.

October 1, 2015 to February 28, 2016March 1, 2016 to September 30, 2016October 1, 2016 to September 30, 2017October 1, 2017 to September 30, 2018October 1, 2018 to September 30, 2019October 1, 2019 to September 30, 2020

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'SECTION G. CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer's Representative (COR)

(a) The COR for this contract is:

Valencia HicksOffice: Region IIMailstop: RII/1274Atlanta, GA 30303Phone: 404-997-4845Email: [email protected]

(b) Performance of the work under this contract is subject to the technical direction of the NRC COR. The term"technical direction" is defined to include the following:

Technical direction to the contractor which shifts work emphasis between areas of work ortasks, authorizes travel which was unanticipated in the Schedule (i.e., travel not contemplated inthe Performance Work Statement (PWS) or changes to specific travel identified in the PWS),fills in details, or otherwise serves to accomplish the contractual PWS.

ii. Provide advice and guidance to the contractor in the preparation of drawings, specifications, ortechnical portions of the work description.

iii. Review and, where required by the task order contract, approval of technical reports, drawings,specifications, and technical information to be delivered by the contractor to the Governmentunder the contract.

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

i.Constitutes an assignment of work outside the general scope of the contract.

ii. Constitutes a change as defined in the "Changes" clause of this contract.

iii. In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, ifany, or the time required for contract performance.

•iv. Changes any of the expressed terms, conditions, or specifications of the contract.

v. Terminates the contract, settles any claim or dispute arising under the contract, or issues anyunilateral directive whatever.

(d) Technical directions must be issued in writing by the COR or must be confirmed by the COR in writingwithin ten (10) working days after verbal issuance. A copy of the written direction must be furnished to theContracting Officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel, which hasreceived final approval from the NRC must be furnished to the Contracting Officer.

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

(f) If, in the opinion of the contractor, any instruction or direction issued by the COR is within one of thecategories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify theContracting Officer in writing within five (5) working days after the receipt of any ihstruction or direction and

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shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification fromthe contractor, the Contracting Officer shall issue an appropriate contract modification or advise thecontractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope ofthis article and does not constitute a change under the "Changes" clause.

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

(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action tobe taken with respect thereto is subject to 52.233-1, Disputes.

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

a. Monitor the contractor's technical progress, including surveillance and assessment ofperformance, and recommend to the Contracting Officer changes in requirements.

b. Assist the contractor in the resolution of technical problems encountered during performance.

c. Review all costs requested for reimbursement by the contractor and submit to the ContractingOfficer recommendations for approval, disapproval, or suspension of payment for supplies andservices required under this contract.

d. Assist the contractor in obtaining the badges for the contractor personnel.

e. Immediately notify the Security Branch, Division of Facilities and Security (SB/DES) (via e-mail)when a contractor employee no longer requires access authorization and return of any NRCissued badge to SB/DES within three days after their termination.

f. Ensure that all contractor employees that require access to classified Restricted Data or NationalSecurity Information or matter, access to sensitive unclassified information (Safeguards, OfficialUse Only, and Proprietary information) access to sensitive IT systems or data, unescorted accessto NRC controlled buildings/space, or unescorted access to protected and vital areas of nuclearpower plants receive approval of SB/DES prior to access in accordance with ManagementDirective and Handbook 12.3.

g. For contracts for the design, development, maintenance or operation of Privacy Act Systems ofRecords, obtain from the contractor as part of closeout procedures, written certification that thecontractor has returned to NRC, transferred to the successor contractor, or destroyed at the endof the contract in accordance with instructions provided by the NRC Systems Manager for PrivacyAct Systems of Records, all records (electronic or paper) which were created, compiled, obtainedor maintained under the Contract.

(End of Clause)

G.2 2052.21 5-77 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999)

(a) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval ofOfficial Foreign Travel, and must be in compliance with FAR 52.247-63 Preference for U.S. Flag AirCarriers. The contractor shall submit NRC Form 445 to the NRC no later than 30 days before beginningtravel.

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(b) The contractor must receive written approval from the NRC Project Officer before taking travel that wasunanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work, or changes to specifictravel identified in the Statement of Work).

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

(d) It is the responsibility of the contractor to notify the contracting officer in accordance with the Limitationsof Cost clause of this contract when, at any time, the contractor learns that travel expenses will cause thecontractor to exceed the estimated costs specified in the Schedule.

(e) Reasonable travel costs for research and related activities performed at State and nonprofit institutions,in accordance with Section 12 of Pub. L. 100-679, shall be charged in accordance with the contractor'sinstitutional policy to the degree that the limitations of Office of Management and Budget (0MB) guidance arenot exceeded. Applicable guidance documents include.OMB Circular A-87, Cost Principles for State andLocal Governments; 0MB CircularA-122, Cost Principles for Nonprofit Organizations; and 0MB Circular A-21,Cost Principles for Educational Institutions.

(End of Clause)

G.3 ELECTRONIC PAYMENT (JUN 2013)

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

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

(End of Clause)

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SECTION H. SPECIAL CONTRACT REQUIREMENTS

N/A

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SECTION I. CONTRACT CLAUSES

1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated byreference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.203-15 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR ANDSUBCONTRACTOR EMPLOYEES AUG 2011

52.204-14 SERVICE CONTRACT REPORTING JAN 2014

1,2 52,209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDINGRESPONSIBILITY MATTERS (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance andIntegrity Information System (FAPIIS) on a semi-annual basis, throughout the life of thecontract, by posting the required information in the System for Award Management database viahttps://www.acq uisition .gov.

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

(1) The non-public segment, into which Government officials and the Contractor postinformation, which can only be viewed by--

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

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

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

(i) Past performance reviews required by subpart 42.15;

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

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

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

(1) If the Contractor asserts in writing within 7 calendar days, to the Government officialwho posted the information, that some of the information posted to the nonpublic segment ofFAPLIS is covered by a disclosure exemption under the Freedom of Information Act, theGovernment official who posted the information must within 7 calendar days remove the postingfrom FAPIIS and resolve the issue in accordance with agency Freedom of Informationprocedures, prior to reposting the releasable information. The contractor must cite 52.209-9 andrequest removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding informationthat has been posted by the Government. The comments will be retained as long as theassociated information is retained, i.e., for a total period of 6 years. Contractor comments willremain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-21 2, all information posted in FAPIIS on orafter April 15, 2011, except past performance reviews, will be publicly available.

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

1.3 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009) ALTERNATE I

(OCT 2009)

(a) Definitions. As used in this clause--

"Added value" means that the Contractor performs subcontract management functions thatthe Contracting Officer determines are a benefit to the Government (e.g., processing orders ofparts or services, maintaining inventory, reducing delivery lead times, managing multiplesources for contract requirements, coordinating deliveries, performing quality assurancefunctions).

"Excessive pass-through charge," with respect to a Contractor or subcontractor that adds noor negligible value to a contract or subcontract, means a charge to the Government by theContractor or subcontractor that is for indirect costs or profit/fee on work performed by asubcontractor (other than charges for the costs of managing subcontracts and any applicableindirect costs and associated profit/fee based on such costs).

"No or negligible value means" the Contractor or subcontractor cannot demonstrate to theContracting Officer that its effort added value to the contract or subcontract in accomplishing thework performed under the contract (including task or delivery orders).

"Subcontract" means any contract, as defined in FAR 2.101, entered into by a subcontractorto furnish supplies or services for performance of the contract or a subcontract. It includes but isnot limited to purchase orders, and changes and modifications to purchase orders.

"Subcontractor," as defined in FAR 44.101, means any supplier, distributor, vendor, or firm

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that furnishes supplies or services to or for a prime Contractor or another subcontractor.

(b) General. The Government will not pay excessive pass-through charges. The ContractingOfficer has determined that there will be no excessive pass-through charges, provided theContractor performs the disclosed value-added functions.

(c) Reporting. Required reporting of performance of work by the Contractor or asubcontractor. The Contractor shall notify the Contracting Officer in writing if--

(1) The Contractor changes the amount of subcontract effort after award such that itexceeds 70 percent of the total cost of work to be performed under the contract, task order, ordelivery order. The notification shall identify the revised cost of the subcontract effort and shallinclude verification that the Contractor will provide added value; or

(2) Any subcontractor changes the amount of lower-tier subcontractor effort after awardsuch that it exceeds 70 percent of the total cost of the work to be performed under itssubcontract. The notification shall identify the revised cost of the subcontract effort and shallinclude verification that the subcontractor will provide added value as related to the work to beperformed by the lower-tier subcontractor(s).

(d) Recovery of excessive pass-through charges. If the Contracting Officer determines thatexcessive pass-through charges exist;

(1) For other than fixed-price contracts, the excessive pass-through charges areunallowable in accordance with the provisions in FAR subpart 31.2; and

(2) For applicable DoD fixed-price contracts, as identified in 1 5.408(n)(2)(i)(B), theGovernment shall be entitled to a price reduction for the amount of excessive pass-throughcharges included in the contract price.

(e) Access to records.

(1) The Contracting Officer, or authorized representative, shalJ have the right to examineand audit all the Contractor's records (as defined at FAR 52.215-2(a)) necessary to determinewhether the Contractor proposed, billed, or claimed excessive pass-through charges.

(2) For those subcontracts to which paragraph (f) of this clause applies, the ContractingOfficer, or authorized representative, shall have the'right to examine and audit all thesubcontractor's records (as defined at FAR 52.215-2(a)) necessary to determine whether thesubcontractor proposed, billed, or claimed excessive pass-through charges.

(f) Flowdown. The Contractor shall insert the substance of this clause, including thisparagraph (f), in all cost-reimbursement subcontracts under this contract that exceed thesimplified acquisition threshold, except if the contract is with DoD, then insert in all cost-reimbursement subcontracts and fixed-price subcontracts, except those identified in15.408(n)(2)(i)(B)(2), that exceed the threshold for obtaining cost or pricing data in accordancewith FAR 15.403-4.

1.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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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 15 days.

(End of Clause)

1.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractorbefore contract expiration; provided that the Government gives the Contractor a preliminarywritten notice of its intent to extend at least 15 days before the contract expires. The preliminarynotice 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 this clause,shall not exceed 4 years.

(End of Clause)

1.6 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)

(a) Definitions. As used in this contract--

"H UBZone small business concern" means a small business concern that appears on the List ofQualified HUBZone Small Business Concerns maintained by the Small Business Administration.

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabledveterans or, in the case of any publicly owned business, not less than 51 percentof the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by.one or more service-disabled veterans or, in the case of a se.rvice-disabledveteran with permanent and severe disability, the spouse or permanent caregiverof such veteran.

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(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with adisability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a small business as defined pursuant to Section 3 of the SmallBusiness Act and relevant regulations promulgated pursuant thereto.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a smallbusiness concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CER 124.103) andeconomically disadvantaged (as defined at 13 CFR 124.104) individuals who arecitizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth notexceeding $750,000 after taking into account the applicable exclusions set forthat 13 CER 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as definedat 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) ofthis definition.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or

more veterans.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women, or, in the case of anypublicly owned business, at least 51 percent of the stock of which is owned by one ormore women; and

(2) Whose management and daily business operations are controlled by one or morewomen.

(b) It is the policy of the United States that small business concerns, veteran-owned smallbusiness concerns, service-disabled veteran-owned small business concerns, HUBZone smallbusiness concerns, small disadvantaged business concerns, and women-owned small businessconcerns shall have the maximum practicable opportunity to participate in performing contractslet by any Federal agency, including contracts and subcontracts for subsystems, assemblies,components, and related services for major systems. It is further the policy of the United Statesthat its prime contractors establish procedures to ensure the timely payment of amounts due

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pursuant to the terms of their subcontracts with small business concerns, veteran-owned smallbusiness concerns, service-disabled veteran-owned small business concerns, HUBZone smallbusiness concerns, small disadvantaged business concerns, and women-owned small businessconcerns.

(c) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to thefullest extent consistent with efficient contract performance. The Contractor further agrees tocooperate in any studies or surveys as may be conducted by the United States Small BusinessAdministration or the awarding agency of the United States as may be necessary to determinethe extent of the Contractor's compliance with this clause.

(d)

(1) Contractors acting in good faith may rely on written representations by theirsubcontractors regarding their status as a small business concern, a veteran-ownedsmall business concern, a service-disabled veteran-owned small business concern, asmall disadvantaged business concern, or a women-owned small business concern.

(2) The Contractor shall confirm that a subcontractor representing itself as a HUBZonesmall business concern is certified by SBA as a HUBZone small business concern byaccessing the System for Award Management database or by contacting the SBA.Options for contacting the SBA include-

(i) HUBZone small business database search application Web page athttp://dsbs.sba.qov/dsbs/search/ds p searchhubzone.cfm ;orhttp://www.sba..qov/hubzone;

(ii) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd

Street, SW., Washington DC 20416; or

(iii) The SBA HUBZone Help Desk at hubzone(~sba.gov.

(End of clause)

1.7 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause--

"Alaska Native Corporation (ANC)" means any Regional Corporation, Village Corporation,Urban Corporation, or Group Corporation organized under the laws of the State of Alaska inaccordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, etseq.) and which is considered a minority and economically disadvantaged concern under thecriteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiarycorporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

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"Commercial item" means a product or service that satisfies the definition of commercial item insection 2.101 of the Federal Acquisition Regulation.

"Commercial plan" means a subcontracting plan (including goals) that covers the offeror's fiscalyear and that applies to the entire production of commercial items sold by either the entirecompany or a portion thereof (e.g., division, plant, or product line).

"Electronic Subcontracting Reporting System (eSRS)" means the Governmentwide, electronic,web-based system for small business subcontracting program reporting. The eSRS is located athttp://www.esrs.ciov.

"Indian tribe" means any Indian tribe, band, group, pueblo, or community, including nativevillages and native groups (including corporations organized by Kenai, Juneau, Sitka, andKodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), thatis recognized by the Federal Government as eligible for services from the Bureau of IndianAffairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-ownedeconomic enterprises that meet the requirements of 25 U.S.C. 1452(e).

"Individual contract plan" means a subcontracting plan that covers the entire contract period(including option periods), applies to a specific contract, and has goals that are based on theofferor's planned subcontracting in support of the specific contract except that indirect costsincurred for common or joint purposes may be allocated on a prorated basis to the contract.

"Master plan" means a subcontracting plan that contains all the required elements of anindividual contract plan, except goals, and may be incorporated into individual contract plans,provided the master plan has been approved.

"Subcontract" means any agreement (other than one involving an employer-employeerelationship) entered into by a Federal Government prime Contractor or subcontractor calling forsupplies or services required for performance of the contract or subcontract.

(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate asubcontracting plan, where applicable, that separately addresses subcontracting with smallbusiness concerns, veteran-owned small business, service-disabled veteran-owned smallbusiness, HUBZone small business concerns, small disadvantaged business, and with women-owned small business concerns. If the offeror is submitting an individual contract plan, the planmust separately address subcontracting with small business, veteran-owned small business,service-disabled veteran-owned small business, HUBZone small business, small disadvantagedbusiness, and women-owned small business concerns with a separate part for the basiccontract and separate parts for each option (if any). The plan shall be included in and made apart of the resultant contract. The subcontracting plan shall be negotiated within the timespecified by the Contracting Officer. Failure to submit and negotiate the subcontracting planshall make the offeror ineligible for award of a contract.

(d) The offeror's subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, forthe use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, andwomen-owned small business concerns as subcontractors. The offeror shall include all

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subcontracts that contribute to contract performance, and may include a proportionateshare of products and services that are normally allocated as indirect costs. Inaccordance with 43 U.S.C. 1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards thesubcontracting goals for small business and small disadvantages business (SOB)concerns, regardless of the size or Small Business Administration certificationstatus of the ANC or Indian tribe.

(ii) Where one or more subcontractors are in the subcontract tier between the

prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shalldesignate the appropriate contractor(s) to count the subcontract towards its smallbusiness and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor thatawarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor tocount the subcontract toward its goals, the ANC or Indian tribe shalldesignate only a portion of the total subcontract award to eachContractor. The sum of the amounts designated to various Contractorscannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation tothe Contracting Officer, the prime Contractor, and the subcontractors inbetween the prime Contractor and the ANC or Indian tribe within 30 daysof the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the AN C's or theIndian tribe's written designation within 30 days of the subcontract award,the Contractor that awarded the subcontract to the ANC or Indian tribewill be considered the designated Contractor.

(2) A statement of-

(i) Total dollars planned to be subcontracted for an individual contract plan; or theofferor's total projected sales, expressed in dollars, and the total value ofprojected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns(including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small businessconcerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-ownedsmall business;

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(v) Total dollars planned to be subcontracted to HUBZone small businessconcerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged businessconcerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small businessconcerns.

(3) A description of the principal types of supplies and services to be subcontracted, andan identification of the types planned for subcontracting to --

(i) Small business concerns,

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;(v) Small disadvantaged business concerns, and(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph(d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitationpurpo~ses (e.g., existing company source lists, the System for Award Management(SAM), veterans service organizations, the National Minority Purchasing Council VendorInformation Service, the Research and Information Division of the Minority BusinessDevelopment Agency in the Department of Commerce, or small, HUBZone, smalldisadvantaged, and women-owned small business trade associations). A firm may relyon the information contained in SAM as an accurate representation of a concern's sizeand ownership characteristics for the purposes of maintaining a small, veteran-ownedsmall, service-disabled veteran-owned small, HUBZone small, small disadvantaged, andwomen-owned small business source list. Use of SAM as its source list does not relievea firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizingsubcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror included indirect costs in establishingsubcontracting goals, and a description of the method used to determine theproportionate share of indirect costs to be incurred with --

(i) Small business concerns (including ANC and Indian tribes);

•(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

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(v) Small disadvantaged business concerns (including ANC and Indian tribes);and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror'ssubcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business,veteran-owned small business, service-disabled veteran-owned small business,HUBZone small business, small disadvantaged business, and women-owned smallbusiness concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled "Utilizationof Small Business Concerns" in all subcontracts that offer further subcontractingopportunities, and that the offeror will require all subcontractors (except small businessconcerns) that receive subcontracts in excess of $650,000 ($1 .5 million for constructionof any public facility with further subcontracting possibilities) to adopt a plan similar to theplan that complies with the requirements of this clause.

(10) Assurances that the offeror will --

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of

compliance by the offeror with the subcontracting plan;

(iii) Submit the Individual Subcontracting Report (ISR) and/or the SummarySubcontract Report (SSR), in accordance with the paragraph (I) of this clauseusing the Electronic Subcontracting Reporting System (eSRS) athttp://www.esrs.gov. The reports shall provide information on subcontractawards to small business concerns (including ANCs and Indian tribes that are notsmall businesses), veteran-owned small business concerns, service-disabledveteran-owned small business concerns, HUBZone small business concerns,small disadvantaged business concerns (including ANCs and Indian tribes thathave not been certified by the Small Business Administration as smalldisadvantaged businesses), women-owned small business concerns, and forNASA only, Historically Black Colleges and Universities and Minority Institutions.Reporting shall be in accordance with this clause, or as provided in agencyregulations;

(iv) Ensure that its subcontractors with subcontracting plans agree to submit theISR and/or the SSR using eSRS;

(v) Provide its prime contract number, its DUNS number, and the e-mail addressof the offeror's official responsible for acknowledging receipt of or rejecting theISRs, to all first-tier subcontractors with subcontracting plans so they can enterthis information into the eSRS when submitting their ISRs; and

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(vi) Require that each subcontractor with a subcontracting plan provide the primecontract number, its own DUNS number, and the e-mail address of thesubcontractor's official responsible for acknowledging receipt of or rejecting theISRs, to its subcontractors with subcontracting plans.

(11 ) A description of the types of records that will be maintained concerning proceduresthat have been adopted to comply with the requirements and goals in the plan, includingestablishing source lists; and a description of the offeror's efforts to locate smallbusiness, veteran-owned small business, service-disabled veteran-owned smallbusiness, HUBZone small business, small disadvantaged business, and women-ownedsmall business concerns and award subcontracts to them. The records shall include atleast the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., SAM), guides, and other data that identify small business,veteran-owned small business, service-disabled veteran-owned small business,HUBZone small business, small disadvantaged business, and women-ownedsmall business concerns.

(ii) Organizations contacted in an attempt to locate sources that are smallbusiness, veteran-owned small business, service-disabled veteran-owned smallbusiness, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than$150,000, indicating --

(A) Whether small business concerns were solicited and if not, why not;

(B) Whether veteran-owned small business concerns were solicited and,

if not, why not;

(C) Whether service-disabled veteran-owned small business concerns

were solicited and, if not, why not;

(D) Whether HUBZone small business concerns were solicited and, if not,

why not;

(E) Whether small disadvantaged business concerns were solicited and if

not, why not;

(F) Whether women-owned small business concerns were solicited and ifnot, why not; and

(G) If applicable, the reason award was not made to a small business

concern.

(iv) Records of any outreach efforts to contact --

(A) Trade associations;

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(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, smalldisadvantaged, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through

(A) Workshops, seminars, training, etc., and

(B) Monitoring performance to evaluate compliance with the program'srequirements.

(vi) On a contract-by-contract basis, records to support award data submitted bythe offeror to the Government, including the name, address, and business size ofeach subcontractor. Contractors having commercial plans need not comply withthis requirement.

(e) In order to effectively implement this plan to the extent consistent with efficient contractperformance, the Contractor shall perform the following functions:

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, andwomen-owned small business concerns by arranging solicitations, time for thepreparation of bids, quantities, specifications, and delivery schedules so as to facilitatethe participation by such concerns. Where the Contractor's lists of potential smallbusiness, veteran-owned small business, service-disabled veteran-owned smallbusiness, HUBZone small business, small disadvantaged business, and women-ownedsmall business subcontractors are excessively long, reasonable effort shall be made togive all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business,veteran-owned small business, service-disabled veteran-owned small business,HUBZone small business, small disadvantaged business, and women-owned smallbusiness concerns in all "make-or-buy" decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of smallbusiness, veteran-owned small business, service-disabled veteran-owned smallbusiness, HUBZone small business, small disadvantaged business, and women-ownedsmall business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small businessconcern is identified as a certified HUBZone small business concern by accessing theSAM database or by contacting SBA.

(5) Provide notice to subcontractors concerning penalties and remedies formisrepresentations of business status as small, veteran-owned small business,

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HUBZone small, small disadvantaged or women-owned small business for the purposeof obtaining a subcontract that is to be included as part or all of a goal contained in theContractor's subcontracting plan.

(6) For all competitive subcontracts over the simplified acquisition threshold in which asmall business concern received a small business preference, upon determination of thesuccessful subcontract offeror, the Contractor must inform each unsuccessful smallbusiness subcontract offeror in writing of the name and location of the apparentsuccessful offeror prior to award of the contract.

(f) A master plan on a plant or division-wide basis that contains all the elements required byparagraph (d) of this clause, except goals, may be incorporated by reference as a part of thesubcontracting plan required of the offeror by this clause; provided --

(1) The master plan has been approved;

(2) The offeror ensures that the master plan is updated as necessary and providescopies of the approved master plan, including evidence of its approval, to theContracting Officer; and

(3) Goals and any deviations from the master plan deemed necessary by theContracting Officer to satisfy the requirements of this contract are set forth in theindividual subcontracting plan.

(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishingcommercial items. The commercial plan shall relate to the offeror's planned subcontractinggenerally, for both commercial and Government business, rather than solely to the Governmentcontract. Once the Contractor's commercial plan has been approved, the Government will notrequire another subcontracting plan from the same Contractor while the plan remains in effect,as long as the product or service being provided by the Contractor continues to meet thedefinition of a commercial item. A contractor with a commercial plan shall comply with thereporting requirements stated in paragraph (d)(1 0) of this clause by submitting one SSR ineSRS for all contracts covered by its commercial plan. This report shall be acknowledged orrejected in eSRS by the Contracting Officer who approved the plan. This report shall besubmitted within 30 days after the end of the Government's fiscal year.

(h) Prior compliance of the offeror with other such subcontracting plans under previouscontracts will be considered by the Contracting Officer in determining the responsibility of theofferor for award of the contract.

(i) A contract may have no more than one plan. When a modification meets the criteria in 19.702for a plan, or an option is exercised, the goals associated with the modification or option shall beadded to those in the existing subcontract plan.

(j) Subcontracting plans are not required from subcontractors when the prime contract containsthe clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes orExecutive Orders--Commercial Items, or when the subcontractor provides a commercial itemsubject to the clause at 52.244-6, Subcontracts for Commercial Items, under a prime contract.

(k) The failure of the Contractor or subcontractor to comply in good faith with--

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(1) The clause of this contract entitled "Utilization Of Small Business Concerns;" or

(2) An approved plan required by this clause, shall be a material breach of the contract.

(I) The Contractor shall submit ISRs and SSRs using the web-based eSRS athttD://www.esrs.Qov. Purchases from a corporation, company, or subdivision that is an affiliateof the prime Contractor or subcontractor are not included in these reports. Subcontract awarddata reported by prime Contractors and subcontractors shall be limited to awards made to theirimmediate next-tier subcontractors. Credit cannot be taken for awards made to lower tiersubcontractors unless the Contractor or subcontractor has been designated to receive a smallbusiness or small disadvantaged business credit from an ANC or Indian tribe. Only subcontractsinvolving performance in the United States or its outlying areas should be included in thesereports with the exception of subcontracts under a contract awarded by the State Department orany other agency that has statutory or regulatory authority to require subcontracting plans forsubcontracts performed outside the United States and its outlying areas.

(1) ISR. This report is not required for commercial plans. The report is required for eachcontract containing an individual subcontract plan.

(i) The report shall be submitted semi-annually during contract performance forthe periods ending March 31 and September 30. A report is also required foreach contract within 30 days of contract completion. Reports are due 30 daysafter the close of each reporting period, unless otherwise directed by theContracting Officer. Reports are required when due, regardless of whether therehas been any subcontracting activity since the inception of the contract or theprevious reporting period.

~(ii) When a subcontracting plan contains separate goals for the basic contractand each option, as prescribed by FAR 19.704(c), the dollar goal inserted on thisreport shall be the sum of the base period through the current option; forexample, for a rePort submitted after the second option is exercised, the dollargoal would be the sum of the goals for the basic contract, the first option, and thesecond option.

(iii) The authority to acknowledge receipt or reject the ISR resides--

(A) In the case of the prime Contractor, with the Contracting Officer; and

(B) In the case of a subcontract with a subcontracting plan, with the entitythat awarded the subcontract.

(2) SSR.

(i) Reports submitted under individual contract plans--

(A) This report encompasses all subcontracting under prime contractsand subcontracts with the awarding agency, regardless of the dollar valueof the subcontracts.

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(B) The report may be submitted on a corporate, company or subdivision(e.g. plant or division operating as a separate profit center) basis, unlessotherwise directed by the agency.

(C) If a prime Contractor and/or subcontractor is performing work for morethan one executive agency, a separate report shall be submitted to eachexecutive agency covering only that agency's contracts, provided at leastone of that agency's contracts is over $650,000 (over $1.5 million forconstruction of a public facility) and contains a subcontracting plan. ForDoD, a consolidated report shall be submitted for all contracts awardedby military departments/agencies and/or subcontracts awarded by DoDprime Contractors. However, for construction and related maintenanceand repair, a separate report shall be submitted for each DoD component.

(D) For DoD and NASA, the report shall be submitted semi-annually forthe six months ending March 31 and the twelve months endingSeptember 30. For civilian agencies, except NASA, it shall be submittedannually for the twelve month period ending September 30. Reports aredue 30 days after the close of each reporting period.

(E) Subcontract awards that are related to work for more than oneexecutive agency shall be appropriately allocated.

(F) The authority to acknowledge or reject SSRs in eSRS, including SSRssubmitted by subcontractors with subcontracting plans, resides with theGovernment agency awarding the prime contracts unless statedotherwise in the contract.

(ii) Rep'orts submitted under a commercial plan-

(A) The report shall include all subcontract awards Under the commercialplan in effect during the Government's fiscal year.

(B) The report shall be submitted annually, within thirty days after the endof the Government's'fiscal year.

(C) If a Contractor has a commercial plan and is performing work for morethan one executive agency, the Contractor shall specify the percentage ofdollars attributable to each agency from which contracts for commercialitems were received.

(0) The authority to acknowledge or reject SSRs for commercial plans

resides with the Contracting Officer who approved the commercial plan.

(End of Clause)

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1.8 52.219-16 LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (JAN 1999)

(a) "Failure to make a good faith effort to comply with the subcontracting plan", as used in thisclause, means a willful or intentional failure to perform in accordance with the requirements ofthe subcontracting plan approved under the clause in this contract entitled "Small BusinessSubcontracting Plan," or willful or intentional action to frustrate the plan.

(b) Performance shall be measured by applying the percentage goals to the total actualsubcontracting dollars or, if a commercial plan is involved, to the pro rata share of actualsubcontracting dollars attributable to Government contracts covered by the commercial plan. If,at contract completion, or in the case of a commercial plan, at the close of the fiscal year forwhich the plan is applicable, the Contractor has failed to meet its subcontracting goals and theContracting Officer decides in accordance with paragraph (c) of this clause that the Contractorfailed to make a good faith effort to comply with its subcontracting plan, established inaccordance with the clause in this contract entitled "Small Business Subcontracting Plan," theContractor shall pay the Government liquidated damages in an amount stated. The amount ofprobable damages attributable to the Contractor's failure to comply, shall be an amount equal tothe actual dollar amount by which the Contractor failed to achieve each subcontract goal.

(c) Before the Contracting Officer makes a final decision that the Contractor has failed to makesuch good faith effort, the Contracting Officer shall give the Contractor written notice specifyingthe failure and permitting the Contractor to demonstrate what good faith efforts have been madeand to discuss the matter. Failure to respond to the notice may be taken as an admission thatno valid explanation exists. If, after consider'ation of all the pertinent data, the ContractingOfficer finds that the Contractor failed to make a good faith effort to comply with thesubcontracting plan, the Contracting Officer shall issue a final decision to that effect and requirethat the Contractor pay the Government liquidated damages as provided in paragraph (b) of thisclause.

(d) With respect to commercial plans; the Contracting Officer who approved the plan willperform the functions of the Contracting Officer under this clause on behalf of all agencies withcontracts covered by that commercial plan.

(e) The Contractor shall have the right of appeal, under the clause in this contract entitled,Disputes, from any final decision of the Contracting Officer.

(f) Liquidated damages shall be in addition to any other remedies that the Government may

have.

(End of Clause)

1.9 52.219-17 SECTION 8(a) AWARD.

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specificationsand the terms and conditions by subcontracting with the Offeror who has been determined aneligible concern pursuant to the provisions of section 8(a) of the Small Business Act, asamended (15 U.S.C. 637(a)).

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(2) Except for novation agreements and advance payments, delegates to the NRC theresponsibility for administering the contract with complete authority to take any action on behalfof the Government under the terms and conditions of the contract; provided, however that thecontracting agency shall give advance notice to the SBA before it issues a final noticeterminating the right of the subcontractor to proceed with further performance, either in whole orin part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor bythe contracting activity.

(4) To notify the NRC Contracting Officer immediately upon notification by the subcontractor thatthe owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership orcontrol of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal fromdecisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA,fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of therequirements of this subcontract to any lower tier subcontractor without the prior writtenapproval of the SBA and the cognizant Contracting Officer of the NRC.

(End of Clause)

1.10 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUL 2013)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options.However, the term does not include contracts that exceed five years in duration because theperiod of performance has been extended for a cumulative period not to exceed six monthsunder the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently ownedand operated, not dominant in the field of operation in which it is bidding on Governmentcontracts, and qualified as a small business under the criteria in 13 CFR part 121 and the sizestandard in paragraph (c) of this clause. Such a concern is "not dominant in its field ofoperation" when it does not exercise a controlling or major influence on a national basis in akind of business activity in which a number of business concerns are primarily engaged. Indetermining whether dominance exists, consideration shall be given to all appropriate factors,including volume of business, number of employees, financial resources, competitive status orposition, ownership or control of materials, processes, patents, license agreements, facilities,sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of thiscontract, the Contractor shall rerepresent its size status according to paragraph (e) of this

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clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

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

(2) Within 30 days after a merger or acquisition that does not require a novation or within30 days after modification of the contract to include this clause, if the merger or acquisitionoccurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

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

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

(c) The Contractor shall rerepresent its size status in accordance with the size standard ineffect at the time of this rerepresentation that corresponds to the North American IndustryClassification System (NAICS) code assigned to this contract. The small business size standardcorresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does notmanufacture itself, for a contract other than a construction or service contract, is 500employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make therepresentation required by paragraph (b) of this clause by validating or updating all itsrepresentations in the Representations and Certifications section of the System for AwardManagement (SAM) and its other data in SAM, as necessary, to ensure that they reflect theContractor's current status. The Contractor shall notify the contracting office in writing within thetimeframes specified in paragraph (b) of this clause that the data have been validated orupdated, and provide the date of the validation or update.

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

(g) If the Contractor does not have representations and certifications in SAM, or does nothave a representation in SAM for the NAICS code applicable to this contract, the Contractor isrequired to complete the following rerepresentation and submit it to the contracting office, alongwith the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code562211 assigned to contract number NRC-HQ-13-C-02-0070.

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

(End of Clause)

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1.11 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABORRELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of suchsize and in such form, and containing such content as prescribed by the Secretary of Labor, inconspicuous places in and about its plants and offices where employees covered by theNational Labor Relations Act engage in activities relating to the performance of the contract,including all places where notices to employees are customarily posted both physically andelectronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about theContractor's plants and offices so that the notice is prominent and readily seen by employeeswho are covered by the National Labor Relations Act and engage in activities related to theperformance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then theContractor shall also post the required notice electronically by displaying prominently, on anyWeb site that is maintained by the Contractor and is customarily used for notices to employeesabout terms and conditions of employment, a link to the Department of Labor's Web site thatcontains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3)of this section, must read, "Important Notice about Employee Rights to Organize and BargainCollectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be-

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor--Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site athttp://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and Used as exact duplicate copies of the Department of Labor's officialposter.

(c) The required text of the employee notice referred to in this clause is located at AppendixA, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules,regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth inparagraphs (a) through (d) of this clause, this contract may be terminated or suspended inwhole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

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(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), inevery subcontract that exceeds $10,000 and will be performed wholly or partially in the UnitedStates, unless exempted by the rules, regulatio•ns, or orders of the Secretary of Labor issuedpursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions willbe binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed~to avoid theapplicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may bedirected by the Secretary of Labor as a means of enforcing such provisions, including theimposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or isthreatened with such involvement, as a result of such direction, the Contractor may request theUnited States, through the Secretary of Labor, to enter into such litigation to protect the interestsof the United States.

(End of Clause)

1.12 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESSSUBCONTRACTORS (DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by 0MB Policy Memorand'um M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required tomake accelerated payments to small business subcontractors to the maximum extentpracticable after receipt of a proper invoice and all proper documentation from the smallbusiness subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts withsmall business concerns.

(c) The acceleration of payments under this clause does not provide any new rights underthe Prompt Payment Act.

(End of Clause)

1.13 52.249-14 EXCUSABLE DELAYS (APR 1984)

(a) Except for defaults of subcontractors at any tier, the Contractor shall not be in defaultbecause of any failure to perform this contract under its terms if the failure arises from causesbeyond the control and without the fault or negligence of the Contractor. Examples of thesecauses are (1) acts of God or of the public enemy, (2) acts of the Government in either itssovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions,

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L 4

(7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, thefailure to perform must be beyond the control and without the fault or negligence of theContractor. "Default" includes failure to make progress in the work so as to endangerperformance.

(b) If the failure to perform is caused by the failure of a subcontractor at any tier to perform ormake progress, and if the cause of the failure was beyond the control of both the Contractor andsubcontractor, and without the fault or negligence of either, the Contractor shall not be deemedto be in default, unless--

(1) The subcontracted supplies or services were obtainable from other sources'

(2) The Contracting Officer ordered the Contractor in writing to purchase these supplies orservices from the other source; and

(3) The Contractor failed to comply reasonably with this order.

(c) Upon request of the Contractor, the Contracting Officer shall ascertain the facts andextent of the failure. If the Contracting Officer determines that any failure to perform results fromone or more of the causes above, the delivery schedule shall be revised, subject to the rights ofthe Government under the termination clause of this contract.

(End of Clause)

1.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, With the-same force and effectas if 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):

https://www.acquisition .qov/far/

(End of Clause)

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SECTION J - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT 1 BILLING INSTRUCTIONS

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 vouchers/invoices as prescribed herein. FAILURE TO SUBMITVOUCHERS/INVOICES IN ACCORDANCE WITH THESE INSTRUCTIONS WILL RESULT INREJECTION OF THE VOUCHER/INVOICE AS IMPROPER.

Standard Forms: Payment requests for completed work, in accordance with the contract, shallbe submitted on the payee's letterhead, voucher/invoice, 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 invoice/Voucher Submissions: The preferred method of submittingvouchers/invoices is electronically to the Department of the Interior at NRCPayments(~nrc.qov.

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

NRC PaymentsU.S. Nuclear Regulatory CommissionOne White Flint North11555 Rockville PikeMail Stop O3-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 ).

_Aqencyv 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.

Freqluency: The contractor shall submit invoice/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 Purchase 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.

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L

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.

Currency: Billings may be expressed in the currency normally used by the contractor in maintaining hisaccounting records and payments will be made in that currency. However, the U.S. dollar equivalent forall vouchers/invoices paid under the contract may not exceed the total U.S. dollars authorized in thecontract.

Supersession: These instructions supersede previous billing instructions for Fixed-Price Type Contract(July 2011 ).

INVOICENOUCHER 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 PikeRockville, MD 20852-2738

2. InvoiceNoucher 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. Payee's Name and Address. Show the name of the Payee as it appears in the contractand its correct address. Where the Payee is authorized to assign the proceeds of this contractin accordance 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 Central ContractorRegistration (CCR) database at http://www.ccr.gov and shall be paid by EFT in accordance withthe terms of this contract. See Federal Acquisition Regulation 52.232-33(g) Payment byElectronic Funds Transfer - Central Contractor Registration (October 2003).

c. 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.

d. 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.

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e. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginningwith 001 should be designated. Contractors may also include an individual internal accountingnumber, if desired, in addition to the 3-digit sequential number.

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

g. Billingq Period. Insert the beginning and ending dates (day, month, year) of the periodduring which deliverables were completed and for which payment is requested.

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

i. 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).

j. _Ship~pingc. Insert weight and zone of shipment, if shipped by parcel post.

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

express.

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

shipment.

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

or "FINAL VOUCHER".

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

periods.

o. Adiustments. Insert columns for any adjustments, including outstanding suspensions fordeficient or defective products or nonconforming services, for the current and cumulativeperiods.

p. Grand Totals.

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