socttoio1atodrfrcommecial itms 11.reuistio-nube ipae …
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SOCTTOIO1ATODRFRCOMMECIAL ITMS 11.REUISTIO-NUBE IPAE OFOFFEROR TO COMPLETE BLOCKS 12,.17, 23, 24, &£30 1 8 52. CONTRACT NO. 3. AWARDI |.ORDER NUMBER 5. SOUICITATlON NUMBERSOCAlONRC-HQ-40-15-C-0007 EFFECTIVE DATE ISUEDATE
12/01/2015=7. FOR SOLUCITATlON L a. NAME b. TELEPHONE NUMBER (No Q~etcall) S. OPFFRODUE DATErLOCAL.TIME
INFORMAIION CALL• DONNA BERKOWITZ 301- 492-3601B. ISSUED BY CODE INRCHQ IS. T4hI;ACOUISITION IS []UNRESTRICTED OR [XI SET ASIDE: %FOR:
WO•MEN-OlAED SMALL. BUSINESSUS NRC - HO [] SML BUSINESS [] rwosw EL.IGILE UNDER ThE WOMEN-OWEACQUISITION MANAGEMENT DIVISION Q] HUEZONE SMALL SMALLUSINESS PROGRAM N•S561499MAIL STOP TWFN-5E03 BUSINESS 0--EDwosBWASHINGTON DC 20555-0001 Q3BERVICE.OISASLED •j B() ISTDA:$1.
SMALL BUSINESS
1t. EMVRYFO FO DESIN• 12- ISCUNTTRMS125. RATING
MARKEDRATED ORDER UNDERI" SESCEUO PAS (IS CFR 700 14. METHOD OF SOLICITATION
1ORFO O-IFB 0] RFPlBDLET OD NCQt. ADMINISTE-.RED BY CODE •RCHQ
US NUCLEAR REGULATORY COMMISSION- SNC-QMAIL PROCESSING CENTER ACQUISITION MANAGEMENT DIVISION4930 BOILING BROOK PARKWAY MAIL STOP TWFN-5E03ROCKVILLE MD 20852 WASHINGTON DC 20555-0001
17a.CONTRACTOR) CODE 1829601645 FA1TY8a. PAYMENTWLLBEMADEBY coERPYET
BARNALLEN TECHNOLOGIES INC US NUCLEAR REGULATORY COMMISSION1700 ROCKVILLE PIKE STE 400 ONE WHITE FLINT NORTH
EOCKILLEMD 2852-63111555 ROCKVILLE PIKEMAILSTOP O3-E17A
NRC PAYMENTSNRCGOVROCKVILLE MD 20852-2738
TELEPHONE NO. "
DI-I1. CHECK IF REMnITANCE SI DIFFERENT AND PUT SUCH ADDRESS IN OFFER .65. SUBMIT INVOICES TO ADDRESS SHOWN% IN BLOCK 160 UNLESS BLOCK BELOWIS CHECKED [OSEE ADDENDUM _______________
1B. 25. 21. 22. 23. "24.ITEM NO. SCHEDULE OF SUPPLIESISERV1CES G UARTIlY UNIT UNlT PRICE AMOUNT
The contractor shall provide all labor requiredto mail room and courier support services as
* specified in the statement of work.
The total ceiling amount for this contract is$1, 931,032.00The current obligated amount is $1,000.00
The period of performance is as follows:E ase Year 12/1/2015 to 11/31/2016Option Year 1 12/1/2016 to 11/31/2017
(Use Reverse and/or Attach AdditionalISheets as Necessay)
25. ACCOUNTING AND APPROPRIATION DATA •25.TOTAL AWARD AMOUNT (For Govt. Use Only)See schedule j $ 1, 931,032.00O]27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 0 ARE 0] ARE NOTATTACHED.
[]27b. CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA D]ARE [] ARE NOT ATTACHED.
RI28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AN D RETURN 1 Qr- 29. AWARD OF CONTRACT: REF. ___________OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER DATED ________. YOUR OFFER ON SOLICITATION (BLOCK 5),
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL INCLUDING ANY ADDITIONS OR CHANGES WH-ICH ARE SET FORTHSHEETS SUBJEOT TO THE TERMS AND CONDITIONS SPECIFIED., HEREIN, IS ACCEPTED AS TO ITEMS:.
305 8. NT•F= ORCNI8D • *318. UNi~e SATS OF AMERCA (SIGNATURE OF CONTRACTING OFFICER)
3bNAANTlTLE OF SIGNER (TjSe or pent) Jj3
0•D__SIND '31 . NAME OF CONTRACTIN G OFFICER (Type:: o ..... nnt)D/
PREVIOUS EDmTON IS NOT USABLE Presilbe byGSA-AR (~ CRJ 6.21
SUNSI REVIEW GOMPLEIT.OCT -12015
2 of 85
19.ITEM NO.
20.SCHEDULE OF SUPPLIES/SERVICES
21. 22,QUANTITY UNIT
23.UNIT PRICE
24.AMOUNT
+ I. 4-I. 4
Option Year 2 12/1/2017 to 11/31/2018Option Year 3 12/1/2018 to 11/31/2019
Option Year 4 12/1/2019 to 11/31/2020
SCA ND 05-2013 Rev. 16 is hereby incorporated
into the contract.
NRC COR: Jackie Nicholson, email:
[email protected], phone: 301-415-2095
Contractor POC: Gordon Barnaby, email:
[email protected], phone: 301-404-0493 or
301-998-6147
Period of Performance: 12/01/2015 to 11/30/2020
I. *1 I I t
32a. OUANTITY IN COLUMN 21 HAS BEEN
[] RECEIVED H] INSPECTED H] ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPTAS NOTED: ______________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER
C.ORRECT FOR
H] COMPLETE H] PARTIAL H] FINALH] PARTIAL H] FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 142a. RECEIVED BY (Fri nt41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
425. RECEIVED AT (LDcation)
142c. DATE RECDO (YY/MM/DIO) 142d, TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2129121 BACK
NRC-HQ-40-1 5-0-0007
SECTION B - Supplies or Services/Prices
PRICE/COST SCHEDULE
Base Period (December 1, 2015 - November 30, 2016Item No. Description Quantity Unit Unit Price Amount
• ~General Clerk 1I1(5 FTEs at
0001 2,080 hours~per FTE) (SOWTasks 1-8 and 10) I Month •
General Clerk II (SOW Task
0002 10, On Call, in Addition to Item____No. 0001) Houri
Courier Support Services0003 (sow Task 9) II Month i
TOTAL $374,802.20
Option Period 1 (December 1, 2016 - November 30, 2017)Item No. Description Quantity Unit Unit Price Amount
General Clerk II (5 FTEs at1001 2_ 080 hours er FT_• ET S~gN
!General Clerk Ii (SOW Task
1002 10, On Call, in Addition to ItemN.00) Hour _•
Courier Support Services1003 (SOW Task 9) Month • I
TOTAL $380,304.84
Option Period 2 (December 1, 2017 - November 30, 2018) ______
Item No. Description Quantity Unit Unit Price AmountGeneral Clerk II (5 FTEs at
2001 2,080 hours per FTE) (SOWTasks 1-8 and 10) M__~onth
General Clerk II (SOW Task
2002 10, On Call, in Addition to Item____No. 2001) Hour •
Courier Support Services2003 (SOW Task 9) M•_ /onth ______
TOTAL $386,178.46
p
p
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NRC-HQ-40-1 5-0-0007
Ootion Period 3 (December 1. 2018 - November 30. 2019)Item No. Description Quantity Unit Unit Price Amount
General Clerk II1(5 FTEs at
3001 2,080 hours per FTE) (SOWTasks 1-8 and 10) _ Month •1•
General Clerk II (SOW Task.
3002 10, On Call, in Addition to ItemNo. 3001) Hour_•
Courier Support Services3003 (SOW Task 9) • _Month
TOTAL $391,886.73Option Period 4 (December 1, 2019 - November 30, 2020) _____________
Item No. Description Quantity Unit Unit Price AmountGeneral Clerk II (5 FTEs atI
4001 2,080 hours per FTE) (SOW'_____Tasks 1-8 and 10) I Month' ______
4002G~eneral Ulerk II (,_UWV I ask-10, On Call, in Addition to ItemNo. 0001) HouHour
4003Courier Support Services(SOW Task 9)Mot / Month
TOTAL $397,859.72Grand Total Base and Option Years 1-4 $1,931,031.95
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NRC-HQ-40-1 5-0-0007
NRCFO3O PERIOD OF PERFORMANCE
The period of performance is as follows:
Base Year 12/1/2015 to 11/31/2016Option Year 1 12/1/2016 to 11/31/2017Option Year 2 12/1/2017 to 11/31/2018Option Year 3 12/1/2018 to 11/31/2019Option Year 4 12/1/2019 to 11/31/2020
NRCB084 CONSIDERATION AND OBLIGATION- HYBRID FIRM-FIXED-PRICE/LABOR-HOUR CONTRACT
(a) The ceiling price to the Government for full performance under this contract is$1,931,032.00.
(b) The contract includes direct labor hours at specified fixed hourly rates, inclusive ofwages-frin g e~eve rheadyje nera Iand-adni nist rative-expenses;-,andqoroFit.
(c) The obligated amount shall, at no time, exceed the ceiling price. When and if theamount(s) paid and payable to the Contractor hereunder shall equal the obligatedamount, the Contractor shall not be obligated to continue performance of the workunless and until the Contracting Officer shall increase the amount obligated with respectto this order, in accordance with FAR Part 43 - Modifications. Any work undertaken bythe Contractor in excess of the obligated amount specified above is done so at theContractor's sole risk and may not be reimbursed by the Government.
(d) The obligated amount may be unilaterally increased from time to time by theContracting Officer by written modification to this contract. The obligated amount shall, atno time, exceed the contract ceiling. When and if the amount(s) paid and payable to theContractor hereunder shall equal the obligated amount, the Contractor shall not beobligated to continue performance of the work unless and until the Contracting Officershall increase the amount obligated with respect to this contract. Any work undertakenby the Contractor in excess of the obligated amount specified above is done so at theContractor's sole risk.
(e) This is an incrementally funded contract. The Contractor shall comply with theprovisions of FAR 52.232-22 - Limitation of Funds.
(End of Clause)
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NRC-HQ-40-1 5-0-0007
SECTION C - Description/Specifications
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
STATEMENT OF WORK
C.1 Title of Project
Mail Handling and Courier Support Services for NRC Headquarters
C.2 Introduction
The U.S. Nuclear Regulatory Commission's (NRC) Office of Administration (ADM),Division of Administrative Services (DAS), Administrative Services Center (ASC)provides the full cycle of mail1 handling and courier support services to meet the needsof the headquarters staff. The NRC headquarters location historically has received an.average of nearly 9,000 pieces of incoming mail each month, including an average ofnearly •1,700 pieces of accountable mail. In addition, an average of approximately19,000 pieces of outgoing mail have historically been processed monthly and anaverage-of 'prxri[l 3,0 piDeces of internal mail (NRC addressee to NRCaddressee) have been processed and delivered monthly. There are currentlyapproximately 120 mailstops throughout the NRC headquarters buildings with thenumber of mail stops per floor varying from one to nine. ASC requires Contractorsupport to meet these needs.
The Contractor shall provide all personnel, equipment, supplies, facilities, transportation,tools, materials, supervision, and other items and non-personal services necessary toperform the requirements of this Statement of Work (SOW), except for those itemsspecified as Government-furnished property and services.
C.3 Background
The NRC is a Federal agency with headquarters staff housed within the followingbuildings:
1. One White Flint North (OWFN)11555 Rockville PikeRockville, Maryland 20852
2. Two White Flint North (TWFN)11545 Rockville PikeRockville, Maryland 20852
3. Three White Flint North (3WFN)11601 Landsdown StreetRockville, Maryland 20852
1 For the purposes of this contract, "mail" means all incoming parcels from any source, regardless of
size or composition.
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NRC-HQ-40-1 5-0-0007
C.4 Obiective
The objective of this contract is to acquire mail handling and courier support services
from a Contractor to satisfy the requirements in this SOW.
0.5 Scope of Work
The scope of this contract includes the tasks identified below. The scope of this contractmay be modified in the future to add additional support requirements in order to meetNRC's evolving mail handling and courier support services requirements.
C.6 Specific Tasks
The Contractor shall comply with Management Directive (MD) 3.23, Mail Managementand MD 12.2, NRC Classified Information Security Program, when performing therequirements of this contract. Those documents are accessible athttp://pbadupws.nrc.gov/docs/ML1128/ML112840428.pdf andhttp://pbadupws.nrc.gov/docs/MLO722/MLO72270009. pdf, respectively.
O.6.1 Task 1: Operate of the Mail Scanning Facility (Firm-Fixed-Price)
The Contractor shall provide full-scale operation services for the NRC's Mail ScanningFacility located at 3940 Boiling Brook Parkway in Rockville, Maryland.
The Contractor shall ensure that two Contractor FTEs are available every day from 8:00a.m. to 4:45 p.m. Eastern Time (ET) from Monday through Friday, except during FederalHolidays or when NRC is otherwise closed, to provide these services. Requiredservices, in sequential order, include:
C.6.1.1 Unload/Handling of Incoming Mail
The Contractor shall receive and unload all incoming mail. The Contractor shall verifythat the number of mail items received from all sources other than the United StatesPostal Service (USPS) match the number of mail items that the source claims to havedelivered. In the event of a discrepancy, then the Contractor shall alert the deliverysource of that discrepancy and require correction.
C.6.1.2 Perform Initial Mail Inspection and X-Ray
Upon receipt of any mail item, the Contractor shall comply with and perform therequirements of Sections I, I,1III and IV in Attachment 1 to this SOW. As part of thatactivity, the Contractor shall feed each received mail item through the Government-furnished X-Ray machine.
C.6.1.3 Pre-Sort Non-Suspicious Mail
After following the procedures of Attachment I and after X-Raying incoming mail items,the Contractor shall pre-sort all mal that has not previously been deemed to besuspicious. The Contractor shall separate the mail by NRC headquarters building inpreparation for delivery at those buildings.
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NRC-HQ-40-1 5-0-0007
C6.2 Task 2: Transport and Deliver Pre-Sorted Mail to One White Flint North MailRoom
The Contractor shall transport and deliver all pre-sorted mail to the NRC mail room inOWEN Level P1 using a government-furnished vehicle to be operated by the Contractor.The Contractor must carry a current driver's license with them at all times whenoperating the Government-furnished vehicle. The Contractor shall deliver all pre-sortedmail to the OWFN P1 mail room no later than 1:45pm p.m. ET each day.
C.6.3 Task 3: Identify Mailstop for Each Mail Item
Upon delivery of pre-sorted mail at OWEN-P 1 mail room, the Contractor shall use anNRC-provided computer to look up the proper mail stop for each delivered, pre-sortedmail item that does not have a mailstop to determine where the mail should be delivered.
C.6.4 Task 4: File Mail from Task 3 into Mail Slots
The Contractor shall take mail that was processed in accordance with previous tasksand file it into the correct mailstop slots on the wall in the mailroom.
The Contractor shall use the NRC Automated Tracking System (ATS) to process andtrack all accountable mail. Accountable mail is mail that requires processing of specialdocumentation, collection of receipts, and/or providing special delivery, including forexample, certified and registered mail delivered by the USPS or by a private courierservice. In the event the ATS is not operable, the Contractor shall use NRC Form 253"Messenger/Courier Receipt," for processing and tracking accountable mail. TheContractor shall deliver all accountable mail to its designated recipient no later than 90minutes from the time of receipt at the OWEN Mail Center.
After completion of the processing and tracking of accountable mail item, the Contractorshall attach the printed copy of the ATS-generated delivery document, or NC Form 417,or NRC Form 253, as appropriate, to the incoming package and deliver the mail to theintended recipient. The Contractor shall make certain that either the addressee orsomeone in the addressee's immediate office area signs and prints last name belowsignature on the ATS document, acknowledging the receipt of and responsibility for thepackage.
If the Contractor is unable to deliver the accountable mail (e.g., the addressee is notavailable and no one else will sign for the package) within the 90-minute time limit, thecontractor shall indicate this on the ATS document, or the NRC Form 417, or the NRCForm 253. The contractor shall then return the item(s) to the OWEN Mail Center and tryto contact the intended recipient by telephone leaving a voice mail, if possible, followedby an e-mail notifying them that the package is available for immediate pickup in theOWEN Mail Center. If the accountable mail is not picked up by the recipient before thenext mail run, the Contractor shall attempt to redeliver the package during the next maildelivery/run. If the Contractor is unable to deliver the accountable mail for the secondtime, then the Contractor shall return -the item(s) to the appropriate mail slot(s) and notifythe COR.
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NRC-HQ-40-1 5-C-0007
When the accountable mail delivery is complete, the Contractor shall file the ATSdocument in file system folders sequentially. The copies of all accountable maildeliveries shall be maintained for one year.
C.6.6 Task 6: Distribute Mail
The Contractor shall read the number of documents required for each mailing, assome recipients receive multiple copies of the materials per label provided by theADM/DAS/ Publications Branch or program office. In most cases, material onlyrequires a label to be placed directly on the document for mailing. However, inthose cases where multiple documents are being distributed per addressee, theContractor shall collate or assemble materials into sets and place into theappropriate size envelope or box. Once materials are inserted, the Contractorshall seal the envelope or box and apply the mailing label. Guidance on theproper location to place the mailing label will be provided by NRC mailroom staff.An estimated 20 different types of documents are distributed through themailroom, as follows:
DISTRIBUTION HISTORICAL AVERAGEDOCUMENT NUMBER OF
SCHEDULE COPIES PER MAILINGTitle 10 of the Code of Federal yearly 2,500Regulations (CFR) 1-5110 CFR 51-1 99 yearly 4,00049 CFR yearly 1,000CFR's (Balance) yearly 50NUREGS periodically 100INFORMATION NOTICES periodically 750REGULATORY INFORMATION periodically 750NOTICESDAILY FEDERAL REGISTER daily 7DAILY CONGRESSIONAL RECORD daily 5CONGRESSIONAL YELLOW BK quarterly 18FEDERAL YELLOW BK quarterly 18STATE YELLOW BK quarterly 18AD HOC requests periodically 100BUDGET RIDERS periodically 15
C.6.7 Task 7: Reporting Requirements
The Contractor shall complete and submit a Monthly Report of Incoming Mail(Attachment 3 to the SOW) and an Annual Report of Mail Volume (Attachment 4to the SOW) to the COR by email. The Contractor shall submit each completedAttachment 2 to the COR so that they receive it by the 5 th calendar day of thefollowing month. The Contractor shall submit each completed Attachment 3 to
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NRC-HQ-40-1 5-0-0007
the COR so that they receive it by email by March 31 of each year. To completeAttachment 3, the Contractor shall survey mail services production and report onthe approximate total number of pieces of mail processed during a 10 working-day period in March, or other timeframe designated by the COR. Attachment3shall include mail transferred between all NRC locations (either within the WFC,between locations within the same building, or to a location at an NRC interimbuilding).
C.6.8 Task 8: Pickup and Processing of Regular and Classified Mail from theUSPS in Rockville, Maryland
The Contractor shall arrive at the USPS Office located at 143 Rollins Avenue, Rockville,Maryland, daily by 11:00 a.m. ET to pick up USPS mail and classified mail (sometimesreferred to as "caller box mail)," at NRC's Caller Box at that location. The Contractorshall complete an NRC Form 253 "Messenger/Courier Receipt" for each classified mailitem that they retrieve, and shall deliver all retrieved classified mail items to the safelocated behind the OWFN Mailroom, in the Publications Branch office. The Contractorshall notify the recipient identified on the classified mail by email to inform them that themail room has classified mail for them and shall arrange an appropriate time to deliverthe classified item to the intended recipient.-
C.6.9 Task 9: Courier Support Services
Daily Scheduled Courier Support Services
The Government will not provide a Government vehicle for these services.
Between 9:00 a.m. and 9:30 a.m., the Contractor shall also retrieve mail items from theMail Room to be delivered to other Government agencies and deliver them on that sameday to the address specified. These locations may be anywhere within the Washington,D.C. area.
The Contractor shall retrieve printed copies of the Federal/Register, the CongressionalRecord, various other Congressional and legislative materials, and Presidential-'Papersfrom the GPO Mail Room at 27 G Street, NW, Washington, DC. By 12:00 p.m., theContractor shall deliver the retrieved materials to the OWEN Mail Center.
Ad Hoc local services (including Capitol Hill deliveries
The Contractor shall provide ad hoc local courier service between NRC WFC buildingsand from various NRC locations to deliver NRC "time sensitive" materials to a variety oflocations within the Washington, DC metropolitan area on an as-needed basis. Thesematerials are usually required to be picked up and delivered on short notice but willalways be within the Washington, DC metropolitan area, usually on Capitol Hill, or a fewother locations within Washington, DC. See Attachment 2 for a list of the most commonlocal delivery locations. No long distance delivery will be required under this contract.
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NRC-H Q-40-1 5-0-0007
O.6.10 Task 10: Onsite Mail Support Services (Firm-Fixed-Price) (2 ContractorFTEs)
The Contractor shall provide onsite mail support services in accordance withManagement Directive 3.23 from Monday through Friday, from 7:15 a.m. to 5:30 p.m.ET, excluding official Federal holidays. However, each of the Contractor FTEs shall notexceed eight hours per day. Requirements during those hours may vary from day to dayand, subject to coordination between the COR and the Contractor, may include any mailservices, such as:
* Perform pickup/delivery of mail items to each of the approximate mailstops withinOWFN, TWFN and 3WFN.
* Deliver classified materials using appropriately cleared personnel directly to theintended recipient. See Management Directive 12.2.
* Process outgoing mail. For outgoing mail that is sent using non-USPS sources,the Contractor shall ensure that the mail is sent using the lowest cost methodthat can meet the requirement.
* Respond to incoming phone calls professionally and efficiently.* Provide customer service support to visitors to the mailroom.
C.9 Government-Furnished Property
The Government will provide appropriate office space, X-Ray equipment, electronic andinformation technology resources, and a vehicle for the Contractor to perform therequirements of this contract.
C.10 Potential Threats to NRC Facilities and Facility Occupants
The Contractor shall ensure that none of its personnel present potential threats to thehealth, safety, security, general well-being, or operational mission of the NRC and itsfacility occupants. The Government reserves the right to refuse onsite access to anyContractor personnel that the Government reasonably believes to present such threat(s).
C.llI Place of Performance
The Contractor will primarily perform work under this contract at the locations specified
in Section C.3 in this SOW.
C.12 Days When Contractor Performance is Not Required
This contract does not require Contractor performance on these occasions:
New Year's Day Labor DayMartin Luther King Jr.'s Birthday Columbus DayPresident's Day Veteran's DayMemorial Day Thanksgiving DayIndependence Day Christmas Day
In addition, the Contractor is not required to perform the requirements of this contract onany days that the NRC is closed due to weather, Presidential Executive Order, or other
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NRC-HQ-40-1 5-0-0007
situation whereby the facilities are closed for safety and/or environmental reasons.
C.13 Physical Security
The Contractor shall safeguard all Government property. At the close of each workperiod, the Contractor shall appropriately secure all Government property and materialsassociated with performing the contract.
C.14. Special Qualifications
The services performed under this contract include frequent, direct contact with NRCpersonnel at all levels of the agency. This requires that all Contractor personnel useappropriate language and wear appropriate attire for an office environment at all times.
Contractor personnel shall be fluent in the English language, both oral and written.Profanity or any other inappropriate language shall not be used in any form ofcommunication during performance of services under this contract or while on NRCpremises.
Contractor personnel may wear company apparel as long as that apparel complies withappropriate dress for an office environment. If at any time the COR determines thatclothing worn onsite by one of the Contractor's onsite personnel is inappropriate, theCOR will notify the Contractor and the Contractor shall require corrective action.
C.15 Postaward Orientation (Kickoff Meetings) and Periodic Progress Meetings
The Contractor agrees to attend any postaward conference convened by the contractingactivity or contract administration office in accordance with FAR Subpart 42.5.
The COR, and other Government personnel, as appropriate, may meet periodically withthe Contractor to review the Contractor's performance. At these meetings the COR willapprise the Contractor of how the government views the Contractor's performance andthe Contractor shall apprise the Government of problems, if any, being experienced.Appropriate action shall be taken to resolve outstanding issues. These meetings shallbe at no additional cost to the Government.
The Contractor may be required to meet periodically with the COR and CO at thebeginning of contract/task order performance. Meetings will be scheduled as needed.The Contractor may request meetings whenever a discrepancy exists and no mutualresolution is apparent.
C.16 Contractor Travel
No Contractor travel is anticipated for this contract except to the possible extent thatsuch travel costs may be required for the Contractor to complete Task 9 requirements.
C.17 Data Rights
The NRC shall have unlimited rights to and ownership of all deliverables provided underthis contract/order, including reports, recommendations, briefings, work plans and allother deliverables. All documents and materials, to include the source codes of any
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NRC-HQ-40-1 5-0-0007
software, produced under this contract/order are the property of the Government with allrights and privileges of ownership/copyright belonging exclusively to the Government.These documents and materials may not be used or sold by the contractor withoutwritten authorization from the CO. All materials supplied to the Government shall be thesole property of the Government and may not be used for any other purpose. This rightdoes not abrogate any other Government rights. The definition of "unlimited rights" iscontained in Federal Acquisition Regulation (FAR) 27.401, "Definitions." FAR clause atFAR 52.227-1 4, "Rights in Data-General," is hereby incorporated by reference and madea part of this contract.
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NRC-HQ-40-1 5-0-0007
ATTACHMENT 1 TO SOW
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NRC-HQ-40-1 5-0-0007
Introduction
The purpose of this document is to implement safety guidelines at the U.S. NuclearRegulatory Commission (NRC) Off-Site Mail Scanning Facility when identifying andhandling suspicious mail.
I. Daily Operational Check of U.S. Nuclear Regulatory Commission Off-Site MailScanning Facility
The Contractor shall perform an operational check of the facility upon arriving daily. Anyissues/problems shall be reported by calling Ms. Jackie Nicholson at 9-301-415-2095.The inspection shall include, but is not limited to, the functioning of the scanningmachines, computers, lights, phones, alarm system, doors, and door seals.
I1. Protective Gear
When receiving and processing ALL incoming mail, the Contractor shall wear disposablenon-latex rubber gloves and a smock. This gear shall be worn at all times whenhandling incoming mail.
Ill. Mail Screening
A. Recognizing Suspicious Packages and Mail
Upon delivery of all incoming mail, the Contractor shall perform a visualinspection to identify questionable and unusual labels. Doors to the scanningfacility must remain closed when mail is being screened to allow the air handlingsystem to work properly. Examples of questionable and/or unusual mail:
* excessive postage, no postage, or non-cancelled postage;* no return address or strange return address;* improper spelling of addressee name, titles, or locations;* suspicious or threatening messages written on packages;* postmarks that do not match return address;* distorted handwriting or cut and paste lettering;* unprofessionally wrapped packages or excessive use of tape,_string, etc.;* packages marked as 'Personal" or "Confidential" "Private" or "Do Not X-
Ray";* rigid, uneven, irregular or lopsided packages;* packages that are discolored, oily, or have an unusual odor or ticking
sound;* package with soft spots, bulges or excessive weight; and/or* protruding wires or aluminium foil; or visual distractions or inappropriate
appearance including a powdery substance felt through or appearing onthe item.
B. Responding to Suspicious Packages and Mail (Possible Explosives)
In the event that any suspicious substance is discovered during the screening
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NRC-HQ-40-1 5-0-0007
process, the screening operation shall immediately cease. The Contractor shallnotify the NRC Security by calling 9-301-415-2000 or 9-301-415-2056 and bycalling Ms. Nicholson at 9-301-415-2095. Ms. Nicholson will notify other NRCtenants located in adjacent areas (i.e., Storage and Distribution Facility, SupplyWarehouse, and the Office of the Inspector General (OIG)) to inform them of thesituation.
The Contractor shall adhere to the following protocol:
* STAY CALM
* Do not open the letter or package (or open any further)
* Do not shake the package
* Do not show the package to others
* Do not empty its contents
* Immediately leave the mail screening area and initiate local evacuationprocedures. Evacuation procedures are located in the mailroom office,scanning room, and the shower room.
* If the mail or package is inside an X-Ray scanner, leave it there.
* Do not use cell phones or radios within the immediate proximity of the
suspicious package.
*Section off the area, by keeping all doors closed, in order to keep others
.away.
1. Contact the NRC Security Office immediately at 9-301-.415-2000 or 9-30)1-415-2056 and Ms. Nicholson at 9-30)1-415-20)95.
*In cases where immediate medical attention is required, call 911.
2. Exit building through nearest exit and relocate to the designatedevacuation area in the parking lot.
*Stay in the designated evacuation area until instructed by the local areaFire or Police Department. The local Fire or Police Department willarrange appropriate medical attention and follow-up procedures asnecessary.
C. Responding to Suspicious Packages and Mail Containing Powder/Powder Spills
In the event that any suspicious substance is discovered during the screeningprocess, the screening operation shall immediately cease. The Contractor shallnotify the NRC Security at 9-30)1-415-2000)1 or 9-30)1-415-20)56, Ms. Nicholson at9-30)1-415-2095. Other NRC tenants located in adjacent areas, i.e., Storage and
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Distribution Facility, Supply warehouse, and CIG will be notified of the situation.
The Contractor shall adhere to the following protocol:
* STAY CALM.
* Do not shake or empty the contents of any suspicious envelope or
package.
* Press one of the three RED KNOB buttons on the wall to immediately
start negative air pressure.
• Do not re-enter the mailroom office. Stay in the scanning area and
proceed into the shower room.
aEnter shower area. Remove all clothing while in shower area and placeall articles of clothing, under garments, socks, shoes and jewelry indesignated plastic bags.
*Do not remove plastic bag or contents from shower area. Keep the itemsavailable for law enforcement.
* DO NOT allow anyone else to touch the articles.
• DO NOT handle bagged articles.
All persons who have had contact with the envelope/package and powderysubstance shall:
• Shower (follow guidance posted in shower room) using soap andwater. Soap is in the shower room.
* Change into the suits/foot coverings located in locker.
* Exit shower room through door and follow exit signs outside to
evacuation location in parking lot.
*Stay in the designated evacuation area until instructed by the localarea Fire or Police Department. The local Fire or Police Departmentwill arrange appropriate medical attention and follow-up proceduresas necessary.
*Using a pen and paper in the locker, create a list of all people whowere in the room or area. Give this list to the local public healthauthorities so that proper instructions can be given for medical follow-up, and to law enforcement officials for further investigation.
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D. Inspected Cleared Mail Returned for Processing
After a mail piece has been inspec•ted and found to be safe by the appropriateauthorities, the contractor shall reassemble it and placed in the appropriate location forregular delivery within NRC Headquarters.
E. Recording Inspected Mail
Prior to releasing an inspected mail article, the Contractor shall enter relevantdata about the piece in a Microsoft Excel log, and then tape the article closedand stamp it to indicate the date on which the inspection took place and bywhom.
IV. Discovery of Suspicious Substances/Evacuation Plan
Mail Operations Manager Responsibilities
Upon notification that a suspicious package/substance has been discovered, Ms.Nicholson or her alternate COR shall:
1. Immediately instruct all persons in the Off-Site Mail Scanning Facility, withexception of the individual who has been potentially contaminated, to evacuatethe area in an orderly manner, and to assemble outside the facility directlyadjacent to the entrance of the facility.
2. Direct those leaving the Off-Site Mail Scanning Facility not to discuss theevacuation with anyone until further instructions are provided.
3. Call NRC Security at 9-301-415-2000 or 9-301-415-2056 to verify whether theywere informed of the incident that a suspicious substance has been discovered.
4. Call the Director of Administrative Services at 9-301-415-3239 to report theincident.
5. Go to the Off-Site Mail Scanning Facility.
V. Training
Responsibilities of All Mailroom Staff (NRC Employees and Contractor Personnel):
By January 31 of every year, each of the Contractor's onsite personnel shallcomplete a one-hour training session on emergency procedures conducted at theOff-Site Mail Scanning Facility. This training will demonstrate how to respond tosuspicious packages and mail.
To register for this course (ID #45145), visithttps://ilearnnrc'plateau'comllearning/user/personal/landOnPortalHome'd°
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SECTION 0 - Packaging and Marking
NRCD020 BRANDING
The Contractor is required to use the statement below in any publications, presentations,articles, products, or materials funded under this contract/order, to the extent practical, inorder to provide NRC with recognition for its involvement in and contribution to theproject. If the work performed is funded entirely with NRC funds, then the contractormust acknowledge that information in its documentation/presentation.
Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office ofAdministration, Space Design Branch, under Contract/order number NRC-HQ-40-1 5-C-0007.
(End of Clause)
NRCD01O PACKAGING AND MARKING
(a) The Contractor shall package material for shipment to the NRC in such a mannerthat will ensure acceptance by common carrier and safe delivery at destination.Containers and closures shall comply with the Surface Transportation Board, UniformFreight Classification Rules, or regulations of other carriers as applicable to the mode oftransportation.
(b) On the front of the package, the Contractor shall clearly identify the contract numberunder which the product is being provided.
(c) Additional packaging and/or marking requirements are as follows: None.
(End of Clause)
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SECTION E - Inspection and Acceptance
NRCE010 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)
Inspection and acceptance of the deliverable items to be furnished hereunder shall bemade by the NRC Contracting Officer's Representative (COR) at the destination,accordance with FAR 52.247-34 - F.o.b. Destination.
Contract Deliverables:1. See Section C Statement of Work
(End of Clause)
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SECTION F - Deliveries or Performance
As directed in section C statement of work.
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SECTION G - Contract Administration Data
NRCG030 ELECTRONIC PAYMENT (SEP 2014)
The Debt Collection Improvement Act of 1996 requires that all payments except IRS taxrefunds be made by Electronic Funds Transfer. Payment shall be made in accordancewith FAR 52.232-33, entitled "Payment by Electronic Funds-Central ContractorRegistration".
To receive payment, the contractor shall prepare invoices in accordance with NRC'sBilling Instructions. Claims shall be submitted on the payee's letterhead, invoice, or onthe Government's Standard Form 1034, "Public Voucher for Purchases and ServicesOther than Personal," and Standard Form 1035, "Public Voucher for Purchases Otherthan Persona! - Continuation Sheet." The preferred method of submitting invoices iselectronically to: [email protected].
(End of Clause)
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SECTION H - Special Contract Requirements
Contracting Officer's Representative Authority
(a) The contracting officer's authorized representative hereinafter referred to as thecontracting officer's representative (COR) for this contract is:
Name: Jackie NicholsonEmail; [email protected]: 301-415-2095Address: NRC, Mail Stop OWNF/2A14, Washington DC 20555-0001
(b) Performance of the work under this contract is subject to the technical direction ofthe NRC COR. The term technical direction@ is defined to include the following:
(1) Technical direction to the contractor which shifts work emphasis between areas ofwork or tasks, authorizes travel which was unanticipated in the Schedule (i.e., travel notcontemplated in the Statement of Work (SOW) or changes to specific travel identified inthe SOW), fills in details, or otherwise serves to accomplish the contractual SOW.
(2) Provide advice and guidance to the contractor in the preparation of drawings,specifications, or technical portions of the work description.
(3) Review and, where required by the contract, approval of technical reports, drawings,specifications, and technical information to be delivered by the contractor to theGovernment under the contract.
(c) Technical direction must be within the general statement of work stated in thecontract. The COR does not have the authority to and may not issue any technicaldirection which:
(1) Constitutes an assignment of work outside the general scope of the contract.
(2) Constitutes a change as defined in the "Changes" clause of this contract.
(3) In any way causes an increase or decrease in the total estimated contract cost, the
fixed fee, if any, or the time required for contract performance.
(4) Changes any of the expressed terms, conditions, or specifications of the contract.
(5) Terminates the contract, settles any claim or dispute arising under the contract, orissues any unilateral directive whatever.
(d) All technical directions must be issued in writing by the COR or must be confirmedby the COR in writing within ten (10) working days after verbal issuance.
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(e) The contractor shall proceed promptly with the performance of technical directionsduly issued by the OCOR in the manner prescribed by this clause and within the OCOR'sauthority under the provisions of this clause.
(f) If, in the opinion of the contractor, any instruction or direction issued by the projectofficer is within one of the categories as defined in paragraph (c) of this section, thecontractor may not proceed but shall notify the contracting officer in writing within five (5)working days after the receipt of any instruction or direction and shall request thecontracting officer to modify the contract accordingly. Upon receiving the notificationfrom the contractor, the contracting officer shall issue an appropriate contractmodification or advise the contractor in writing that, in the contracting officer's opinion,the technical direction is within the scope of this article and does not constitute a changeunder the "Changes" clause.
(g) Any unauthorized commitment or direction issued by the OCOR may result in anunnecessary delay in the contractor's performance and may even result in the contractorexpending funds for unallowable costs under the contract.
(h) A failure of the parties to agree upon the nature of the instruction or direction or uponthe contract action to be taken with respect thereto is subject to 52.233-1 - Disputes.
(i) In addition to providing technical direction as defined in paragraph (b) of the section,the project officer shall:
(1) Monitor the contractor's technical progress, including surveillance and assessmentof performance, and recommend to the contracting officer changes in requirements.
(2) Assist the contractor in the resolution of technical problems encountered duringperformance.
(3) Review all costs requested for reimbursement by the contractor and submit to thecontracting officer recommendations for approval, disapproval, or suspension ofpayment for supplies and services required under this contract.
(4) Assist the contractor in obtaining the badges for the contractor personnel.
(5) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS)(via e-mail) when a contractor employee no longer requires access authorization andreturn of any NRC issued badge to SB/DES within three days after their termination.
(6) Ensure that all contractor employees that require access to classified Restricted Dataor National Security Information or matter, access to sensitive unclassified information(Safeguards, Official Use Only, and Proprietary information) access to sensitive ITsystems or data, unescorted access to NRC controlled buildings/space, or unescortedaccess to protected and vital areas of nuclear power plants receive approval of SB/DFSprior to access in accordance with Management Directive and Handbook 12.3.
(7) For contracts for the design, development, maintenance or operation of Privacy ActSystems of Records, obtain from the contractor as part of closeout procedures, writtencertification that the contractor has returned to NRC, transferred to the successorcontractor, or destroyed at the end of the contract in accordance with instructions
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provided by the NRC Systems Manager for Privacy Act Systems of Records, all records(electronic or paper) which were created, compiled, obtained or maintained under thecontract.
NRCHO60 MINIMUM INSURANCE COVERAGE
The Contractor shall obtain and maintain insurance coverage as follows for theperformance of this contract, in accordance with FAR 28.307-2:
(a) Worker's compensation and employer's liability insurance as required by applicablefederal and state worker's compensation and occupational disease statutes. Ifoccupational diseases are not compensable under those statutes, they shall be coveredunder the employer's liability section of the insurance policy, except when contractoperations are so commingled with the Contractor's commercial operations that it wouldnot be practical. The employer's liability coverage shall be at least [Insert liabilitycoverage here] (minimum $100,000), except in States with exclusive or monopolisticfunds that do not permit workers' compensation to be written by private carriers.
(b) Comprehensive general (bodily injury) liability insurance of at least [Insert generalliability insurance amount here] (minimum $500,000) per occurrence.
(c) Motor vehicle liability insurance written on the comprehensive form of policy whichprovides for bodily injury and property damage liability covering the operation of all motorvehicles used in connection with performing the contract. Policies covering motorvehicles operated in the United States shall provide coverage of at least [Insert coverageamount here] (minimum $200,000) per person and [Insert coverage amount here](minimum $200,000) per occurrence for property damage. The amount of liabilitycoverage on other policies shall be commensurate with any legal requirements of thelocality and sufficient to meet normal and customary claims.
(d) Comprehensive general and motor vehicle liability policies shall contain a provisionworded as follows:
"The insurance company waives any right of subrogation against the United States ofAmerica which may arise by reason of any payment under the policy."
2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST(JAN 1993)
(a) Purpose. The primary purpose of this clause is to aid in ensuring that thecontractor:
(1) Is not placed in a conflicting role because of current or planned interests(financial, contractual, organizational, or otherwise) which relate to the work under thiscontract; and
(2) Does not obtain an unfair competitive advantage over other parties by virtue of itsperformance of this contract.
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(b) Scope. The restrictions described apply to performance or participation by thecontractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.
(c) Work for others.
(1) Notwithstanding any other provision of this contract, during the term of thiscontract, the contractor agrees to forego entering into consulting or other contractualarrangements with any firm or organization the result of which may give rise to a conflictof interest with respect to the work being performed under this contract. The contractorshall ensure that all employees under this contract abide by the provision of this clause.If the contractor has reason to believe, with respect to itself or any employee, that anyproposed consultant or other contractual arrangement with any firm or organization mayinvolve a potential conflict of interest, the contractor shall obtain the written approval ofthe contracting officer before the execution of such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licenseeor applicant undergoing an NRC audit, inspection, or review where the activities that arethe subject of the audit, inspection, or review are the same as or substantially similar tothe services within the scope of this contract (or task order as appropriate) except wherethe NRC licensee or applicant requires the contractor's support to explain or defend thecontractor's prior work for the utility or other entity which NRC questions.
(3) When the contractor performs work for the NRC under this contract at any NRClicensee or applicant site, the contractor shall neither solicit nor perform work in thesame or similar technical area for that licensee or applicant organization for a periodcommencing with the award of the task order or beginning of work on the site (if not atask order contract) and ending one year after completion of all work under theassociated task order, or last time at the site (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any NRClicensee or applicant site,
(i) The contractor may not solicit work at that site for that licensee or applicantduring the period of performance of the task order or the contract, as appropriate.
(ii) The contractor may not perform work at that site for that licensee or applicantduring the period of performance of the task order or the contract, as appropriate, andfor one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize thecontractor to solicit or perform this type of work (except work in the same or similartechnical area) if the contracting officer determines that the situation will not pose apotential for technical bias or unfair competitive advantage.
(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief, and exceptas otherwise set forth in this contract, that it does not have any organizational conflicts ofinterest as defined in 48 CER 2009.570-2.
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(2) The contractor agrees that if, after award, it discovers organizational conflicts ofinterest with respect to this contract, it shall make an immediate and full disclosure inwriting to the contracting officer. This statement must include a description of the actionwhich the contractor has taken or proposes to take to avoid or mitigate such conflicts.The NRC may, however, terminate the contract if termination is in the best interest of theGovernment. ,'
(3) It is recognized that the scope of work of a task-order-type contract necessarilyencompasses a broad spectrum of activities. Consequently, if this is a task-order-typecontract, the contractor agrees that it will disclose all proposed new work involving NRClicensees or applicants which comes within the scope of work of the underlying contract.Further, if this contract involves work at a licensee or applicant site, the contractoragrees to exercise diligence to discover and disclose any new work at that licensee orapplicant site. This disclosure must be made before the submission of a bid or proposalto the utility or other regulated entity and must be received by the NRC at least 15 daysbefore the proposed award date in any event, unless a written justification demonstratingurgency and due diligence to discover and disclose is provided by the contractor andapproved by the contracting officer. The disclosure must include the statement of work,the dollar value of the proposed contract, and any other documents that are needed tofully describe the proposed work for the regulated utility or other regulated entity. NRCmay deny approval of the disclosed work only when the NRC has issued a task orderwhich includes the technical area and, if site-specific, the site, or has plans to issue atask order which includes the technical area and, if site-specific, the site, or when thework violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.
(e) Access to and use of information.
(1) If in the performance of this contract, the contractor obtains access toinformation, such as NRC plans, policies, reports, studies, financial plans, internal dataprotected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom ofInformation Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:
(i) Use this information for any private purpose until the information has beenreleased to the public;
(ii) Compete for work for the Commission based on the information for a period ofsix months after either the completion of this contract or the release of the information tothe public, whichever is first;
(iii) Submit an unsolicited proposal to the Government based on the informationuntil one year after the release of the information to the public; or
(iv) Release the information without prior written approval by the contracting officerunless the information has previously been released to the public by the NRC.
(2) In addition, the contractor agrees that, to the extent it receives or is given accessto proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a(1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or otherconfidential or privileged technical, business, or financial information under this contract,the contractor shall treat the information in accordance with restrictions placed on use ofthe information.
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(3) Subject to patent and security provisions of this contract, the contractor shallhave the right to use technical data it produces under this contract for private purposesprovided that all requirements of this contract have been met.
•(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shallinclude this clause, including this paragraph, in subcontracts of any tier. The termscontract, contractor, and contracting officer, must be appropriately modified to preservethe Government's rights.
(g) Remedies. For breach of any of the above restrictions, or for intentionalnondisclosure or misrepresentation of any relevant interest required to be disclosedconcerning this contract or for such erroneous representations that necessarily implybad faith, the Government may terminate the contract for default, disqualify thecontractor from subsequent contractual efforts, and pursue other remedies permitted by'law or this contract.
(h) Waiver. A request for waiver under this clause must be directed in writing to thecontracting officer in accordance with the procedures outlined in 48 CER 2009.570-9.
(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts,subcontracts, or proposals therefor (solicited or unsolicited), which stemn directly from thecontractor's performance of work under this contract. Furthermore, unless so directed inwriting by the contracting officer, the contractor may not perform any technical consultingor management support services work or evaluation activities under this contract on anyof its products or services or the products or services of another firm if the contractor hasbeen substantially involved in the development or marketing of the products or services.
(1) If the contractor, under this contract, prepares a complete or essentially completestatement of work or specifications, the contractor is not eligible to perform or participatein the initial contractual effort which is based on the statement of work or specifications.The contractor may not incorporate its products or services in the statement of work orspecifications unless so directed in writing by the contracting officer, in which case therestrictions in this paragraph do not apply.
(2) Nothing in this paragraph precludes the contractor from offering or selling itsstandard commercial items to the Government.
2052.222-70 NONDISCRIMINATION BECAUSE OF AGE. (JAN 1993)
It is the policy of the Executive Branch of the Government that:
(a) Contractors and subcontractors engaged in the performance of Federal contractsmay not, in connection with the employment, advancement, or discharge of employeesor in connection with the terms, conditions, or privileges of their employment,discriminate against persons because of their age except upon the basis of a bona fideoccupational qualification, retirement plan, or statutory requirement; and
(b) That contractors and subcontractors, or persons acting on their behalf, may not
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specify, in solicitations or advertisements for employees to work on Governmentcontracts, a maximum age limit for employment unless the specified maximum age limitis based upon a bona fide occupational qualification, retirement plan, or statutoryrequirement.
(End of Provision)
NRCH490 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS
(a) All offerors will receive preaward and postaward notices in accordance with FAR15.503.
(b) It is also brought to your attention that the contracting officer is the only individualwho can legally obligate funds or commit the NRC to the expenditure of public funds inconnection with this procurement. This means that unless provided in a contractdocument or specifically authorized by the contracting officer, NRC technical personnelmay not issue contract modifications, give formal contractual commitments, or otherwisebind, commit, or obligate the NRC contractually. Informal unauthorized commitments,which do not obligate the NRC and do not entitle the contractor to payment, may include:
(1) Encouraging a potential contractor to incur costs prior to receiving a contract;
(2) Requesting or requiring a contractor to make changes under a contract withoutformal contract modifications;
(3) Encouraging a contractor to incur costs under a cost-reimbursable contract in excessof those costs contractually allowable; and
(4) Committing the Government to a course of action with regard to a potential contract,contract change, claim, or dispute.
(End of Clause)
NRCH480 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC
PAYMENT/REMITTANCE ADDRESS
The Debt Collection Improvement Act of 1996 requires that all Federal payments exceptIRS tax refunds be made by Electronic Funds Transfer. It is the policy of the NuclearRegulatory Commission to pay government vendors by the Automated Clearing House(ACH) electronic funds transfer payment system. Item 15SC of the Standard Form 33may be disregarded.
NRCH310 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS
Annual and final evaluations of contractor performance under this contract will beprepared in accordance with FAR Subpart 42.15, 'Contractor Performance Information,"normally at or near the time the contractor is notified of the NRC's intent to exercise thecontract option. If the multi-year contract does not have option years, then an annualevaluation will be prepared. Final evaluations of contractor performance will beprepared at the expiration of the contract during the contract closeout process.
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The Contracting Officer will transmit the NRC Contracting Officer's Representative's(COR) annual and final contractor performance evaluations to the contractor's ProjectManager, unless otherwise instructed by the contractor. The contractor will be permittedthirty days to review the document and submit comments, rebutting statements, oradditional information.
Where a contractor concurs with, or takes no exception to an annual performanceevaluation, the Contracting Officer will consider such evaluation final and releasable forsource selection purposes. Disagreements between the parties regarding a performanceevaluation will be referred to an individual one level above the Contracting Officer,whose decision will be final.
The Contracting Officer will send a copy of the completed evaluation report, marked"Source Selection Information", to the contractor's Project Manager for their records assoon as practicable after it has been finalized. The completed evaluation report also willbe used as a tool to improve communications between the NRC and the contractor andto improve contract performance.
The completed annual performance evaluation will be used to support future awarddecisions in accordance with FAR 42.1502 and 42.1503. During the period theinformation is being used to provide source selection information, the completed annualperformance evaluation will be released to only two parties - the Federal governmentpersonnel performing the source selection evaluation and the contractor underevaluation if the contractor does not have a copy of the report already.
NRCH470 GREEN PURCHASING (SEP 2013)
(a) In furtherance of the sustainable acquisition goals included in Executive Order13514, "Federal Leadership in Environmental, Energy, and Economic Performance,"products and services acquired under this contract/order shall be energy-efficient(Energy Star or Federal Energy Management Program (FEMP) designated), water-efficient, biobased, environmentally preferable (e.g., Electronic Product EnvironmentalAssessment Tool (EPEAT) certified), non-ozone depleting, recycled content, and non-toxic or less toxic alternatives, to the maximum extent practicable in meeting NRCcontractual requirements.
(b) See NRC's Green Purchasing Plan (GPP) at:http://pbadupws.nrc.gov/docs/ML1219//ML12191A1 30.pdf and the General ServiceAdministration's (GSA) Green Procurement Compilation at:http://www.gsa.gov/portal/content/198257.
(c) The contractor shall flow down this clause into all subcontracts and other agreementsthat relate to performance of this contract/order.
(End of Clause)
NRCH440 CONTRACTOR RESPONSIBILITY FOR PROTECTING PERSONALLYIDENTIFIABLE INFORMATION (PII)
In accordance with the Office of Management and Budget's guidance to Federal
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agencies and the Nuclear Regulatory Commission's (NRC) implementing policy andprocedures, a contractor (including subcontractors and contractor employees), whoperforms work on behalf of the NRC, is responsible for protecting, from unauthorizedaccess or disclosure, personally identifiable information (P1I) that may be provided,developed, maintained, collected, used, or disseminated, whether in paper, electronic, orother format, during performance of this contract.
A contractor who has access to NRC owned or controlled PII, whether provided to thecontractor by the NRC or developed, maintained, collected, used, or disseminated by thecontractor during the course of contract performance, must comply with the followingrequirements:
(1) General. In addition to implementing the specific requirements set forth in thisclause, the contractor must adhere to all other applicable NRC guidance, policy andrequirements for the handling and protection of NRC owned or controlled PII. Thecontractor is responsible for making sure that it has an adequate understanding of suchguidance, policy and requirements.
(2) Use, Ownership, and Nondisclosure. A contractor may use NRC owned orcontrolled P11 solely for purposes of this contract, and may not collect or use such P1I forany purpose outside the contract without the prior written approval of the NRCContracting Officer. The contractor must restrict access to such information to onlythose contractor employees who need the information to perform work under thiscontract, and must ensure that each such contractor employee (including subcontractors'employees) signs a nondisclosure agreement, in a form suitable to the NRC ContractingOfficer, prior to being granted access to the information. The NRC retains soleownership and rights to its PII. Unless the contract states otherwise, upon completion ofthe contract, the contractor must turn over all PII in its possession to the NRC, and mustcertify in writing that it has not retained any NRC owned or controlled PII except asotherwise authorized in writing by the NRC Contracting Officer.
(3) Security Plan. When applicable, and unless waived in writing by the NRCContracting Officer, the contractor must work with the NRC to develop and implement asecurity plan setting forth adequate procedures for the protection of NRC owned orcontrolled PII as well as the procedures which the contractor must follow for notifying theNRC in the event of any security breach. The plan will be incorporated into the contractand must be implemented and followed by the contractor once it has been approved bythe NRC Contracting Officer. If the contract does not include a security plan at the time.of contract award, a plan must be submitted for the approval of the NRC ContractingOfficer within 30 days after contract award.
(4) Breach Notification. The contractor must immediately notify the NRC ContractingOfficer and the NRC Contracting Officer's Representative (COR) upon discovery of anysuspected or confirmed breach in the security of NRC owned or controlled PII.
(5) Legal Demands for Information. If a legal demand is made for NRC owned orcontrolled PII (such as by subpoena), the contractor must immediately notify the NRCContracting Officer and the NRC Contracting Officer's Representative (COR). Afternotification, the NRC will determine whether and to what extent to comply with the legaldemand. The Contracting Officer will then notify the contractor in writing of thedetermination and such notice will indicate the extent of disclosure authorized, if any.
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The contractor may only release the information specifically demanded with the writtenpermission of the NRC Contracting Officer.
(6) Audits. The NRC may audit the contractor's compliance with the requirements ofthis clause, including through the use of online compliance software.
(7) Flow-down. The prime contractor will flow this clause down to subcontractors thatwould be covered by any portion of this clause, as if they were the prime contractor.
(8) Remedies:
(a) The contractor is responsible for implementing and maintaining adequate securitycontrols to prevent the loss of control or unauthorized disclosure of NRC owned orcontrolled PII in its possession. Furthermore, the contractor is responsible for reportingany known or suspected loss of control or unauthorized access to PII to the NRC inaccordance with the provisions set forth in Article 4 above.
(b) Should the contractor fail to meet its responsibilities under this clause, the NRCreserves the right to take appropriate steps to mitigate the contractor's violation of thisclause. This may include, at the sole discretion of the NRC, termination of the subjectcontract.
(9) Indemnification. Notwithstanding any other remedies available to the NRC, thecontractor will indemnify the NRC against all liability (including costs and fees) for anydamages arising out of violations of this clause.
(End of Clause)
NRC Security Clauses
Clause 1
2052.204.70 SECURITY (MAR 2004)
•(a) Contract Security and/or Classification Requirements (NRC Form 187). Thepolicies, procedures, and criteria of the NRC Security Program, NRC ManagementDirective (MD) 12 (including MD 12.1, "NRC Facility Security Program;" MD 12.2, "NRCClassified Information Security Program;" MD 12.3, "NRC Personnel Security Program;"MD) 12.4, "NRC Telecommunications Systems Security Program;" MD 12.5, "NRCAutomated Information Systems Security Program;" and MD 12.6, "NRC SensitiveUnclassified Information Security Program"), apply to performance of this contract,subcontract or other activity. This MD) is incorporated into this contract by reference asthough fully set forth herein. The attached NRC Form 187 (See List of Attachments)furnishes the basis for providing security and classification requirements to primecontractors, subcontractors, or others (e.g., bidders) who have or may have an NRCcontractual relationship that requires access to classified Restricted Data or NationalSecurity Information or matter, access to sensitive unclassified information (e.g.,Safeguards), access to sensitive Information Technology (IT) systems or data,unescorted access to NRC controlled buildings/space, or unescorted access toprotected and vital areas of nuclear power plants.
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(b) It is the contractor's duty to protect National Security Information, Restricted Data,and Formerly Restricted Data. The contractor shall, in accordance with theCommission's security regulations and requirements, be responsible for protectingNational Security Information, Restricted Data, and Formerly Restricted Data, and forprotecting against sabotage, espionage, loss, and theft, the classified documents andmaterial in the contractor's possession in connection with the performance of work underthis contract. Except as otherwise expressly provided in this contract, the contractorshall, upon completion or termination of this contract, transmit to the Commission anyclassified matter in the possession of the contractor or any person under the contractor'scontrol in connection with performance of this contract. If retention by the contractor ofany classified matter is required after the completion or termination of the contract andthe retention is approved by the contracting officer, the contractor shall complete acertificate of possession to be furnished to the Commission specifying the classifiedmatter to be retained. The certification must identify the items and types or categories ofmatter retained, the conditions governing the retention of the matter and their period ofretention, if known. If the retention is approved by the contracting officer, the securityprovisions of the contract continue to be applicable to the matter retained.
(c) In connection with the performance of the work under this contract, the contractormay be furnished, or may develop or acquire, safeguards information, or confidential orprivileged technical, business, or financial information, including Commission plans,policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub.L. 93.579), or other information which has not been released to the public or has beendetermined by the Commission to be otherwise exempt from disclosure to the public.The contractor shall ensure that information protected from public disclosure ismaintained as required by NRC regulations and policies, as cited in this contract or asotherwise provided by the NRC. The contractor will not directly or indirectly duplicate,disseminate, or disclose the information in whole or in part to any other person ororganization except as may be necessary to perform the work under this contract. Thecontractor agrees to return the information to the Commission or otherwise dispose of itat the direction of the contracting officer. Failure to comply with this clause is groundsfor termination of this contract.
(d) Regulations. The contractor agrees to conform to all security regulations andrequirements of the Commission which are subject to change as directed by the NRCDivision of Facilities and Security (DFS) and the Contracting Officer. These changes willbe under the authority of the FAR Changes clause referenced in this document.
The contractor agrees to comply with the security requirements set forth in NRCManagement Directive 12.1, NRC Facility Security Program which is incorporated intothis contract by reference as though fully set forth herein. Attention is directedspecifically to the section titled "Infractions and Violations," including "AdministrativeActions" and "Reporting Infractions."
(e) Definition of National Security Information. The term National Security Information,as used in this clause, means information that has been determined pursuant toExecutive Order 12958 or any predecessor order to require protection againstunauthorized disclosure and that is so designated.
(f) Definition of Restricted Data. The term Restricted Data, as used in this clause,means all data concerning design, manufacture, or utilization of atomic weapons; the
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production of special nuclear material; or the use of special nuclear material in theproduction of energy, but does not include data declassified or removed from theRestricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954, asamended.
(g) Definition of Formerly Restricted Data. The term Formerly Restricted Data, as usedin this clause, means all data removed from the Restricted Data category under Section1 42-d of the Atomic Energy Act of 1954, as amended.
(h) Definition of Safeguards Information. Sensitive unclassified information thatspecifically identifies the detailed security measures of a licensee or an applicant for thephysical protection of special nuclear material; or security measures for the physicalprotection and location of certain plant equipment vital to the safety of production ofutilization facilities. Protection of this information is required pursuant to Section 147 ofthe Atomic Energy Act of 1954, as amended.
(i) Security Clearance. The contractor may not permit any individual to have access toRestricted Data, Formerly Restricted Data, or other classified information, except inaccordance with the Atomic Energy Act of 1954, as amended, and the Commission'sregulations or requirements applicable to the particular type or category of classifiedinformation to which access is required. The contractor shall also execute a StandardForm 312, Classified Information Nondisclosure Agreement, when access to classifiedinformation is required.
(j) Criminal Liabilities. It is understood that disclosure of National Security Information,Restricted Data, and Formerly Restricted Data relating to the work or services orderedhereunder to any person not entitled to receive it, or failure to safeguard any RestrictedData, Formerly Restricted Data, or any other classified matter that may come to thecontractor or any person under the contractor's control in connection with work underthis contract, may subject the contractor, its agents, employees, or subcontractors tocriminal liability under the laws of the United States. (See the Atomic Energy Act of1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and ExecutiveOrder 12958.)
(k) Subcontracts and Purchase Orders. Except as otherwise authorized in writing bythe contracting officer, the contractor shall insert provisions similar to the foregoing in allsubcontracts and purchase orders under this contract.
(I) In performing the contract work, the contractor shall classify all documents, material,and equipment originated or generated by the contractor in accordance with guidanceissued by the Commission. Every subcontract and purchase order issued hereunderinvolving the origination or generation of classified documents, material, and equipmentmust provide that the subcontractor or supplier assign classification to all documents,material, and equipment in accordance with guidance furnished by the contractor.
Clause 2
2052.204-71 BADGE REQUIREMENTS FOR UNESCORTED BUILDING ACCESS TONRC FACILITIES (MAR 2006)
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During the life of this contract, the rights of ingress and egress for contractor personnelmust be made available, as required, provided that the individual has been approved forunescorted access after a favorable adjudication from the Security Branch, Division ofFacilities and Security (SB/DFS).
In this regard, all contractor personnel whose duties under this contract require theirpresence on site shall be clearly identifiable by a distinctive badge furnished by theNRC. The COR shall assist the contractor in obtaining badges for the contractorpersonnel. All contractor personnel must present two forms of Identity SourceDocuments (I-9). One of the documents must be a valid picture ID issued by a state orby the Federal Government. Original I-9 documents must be presented in person forcertification. A list of acceptable documents can be found athttp://www.usdoj .gov/crt/recruit employ/i9form. pdf. It is the sole responsibility of thecontractor to ensure that each employee has a proper NRC-issued identification/badgeat all times. All photo-identification badges must be immediately (no later than threedays) delivered to SB/DFS for cancellation or disposition upon the termination ofemployment of any contractor personnel. Contractor personnel must display any NRCissued badge in clear view at all times during on site performance under this contract. Itis the contractor's duty to assure that contractor personnel enter only those work areasnecessary for performance of contract work, and to assure the protection of anyGovernment records or data that contractor personnel may come into contact with.
Clause 3
NRCHO20 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (SEP2013)
The Contractor shall ensure that all its employees, subcontractor employees orconsultants who are assigned to perform the work herein for contract performance forperiods of more than 30 calendar days at NRC facilities, are approved by the NRC forunescorted NRC building access.
The Contractor shall conduct a preliminary federal facilities security screening interviewor review for each of its employees, subcontractor employees, and consultants andsubmit to the NRC only the names of candidates for contract performance that have areasonable probability of obtaining approval necessary for access to NRC's federalfacilities. The Contractor shall pre-screen its applicants for the following:
(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five(5) years; (c) record of any military courts-martial convictions in the past ten (10) years;(d) illegal use of narcotics or other controlled substances possession in the past year, orillegal purchase, production, transfer, or distribution of narcotics or other controlledsubstances in the last seven (7) years; and (e) delinquency on any federal debts orbankruptcy in the last seven (7) years.
The Contractor shall make a written record of its pre-screening interview or review(including any information to mitigate the responses to items listed in (a) - (e)), and havethe applicant verify the pre-screening record or review, sign and date it. Two (2) copiesof the pre-screening signed record or review shall be supplied to the Division of Facilitiesand Security, Personnel Security Branch (DFS/PSB) with the Contractor employee'scompleted building access application package.
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The Contractor shall further ensure that its employees, any subcontractor employeesand consultants complete all building access security applications required by thisclause within fourteen (14) calendar days of notification by DFS/PSB of initiation of theapplication process. Timely receipt of properly completed records of the Contractor'ssigned pre-screening record or review and building access security applications(submitted for candidates that have a reasonable probability of obtaining the level ofaccess authorization necessary for access to NRC's facilities) is a contract requirement.Failure of the Contractor to comply with this contract administration requirement may bea basis to cancel the award, or terminate the contract for default, or offset from thecontract's invoiced cost or price the NRC's incurred costs or delays as a result ofinadequate pre-screening by the Contractor. In the event of cancellation or termination,the NRC may select another firm for contract award.
A Contractor, subcontractor employee or consultant shall not have access to NRCfacilities until he/she is approved by DFS/PSB. Temporary access may be approvedbased on a favorable NRC review and discretionary determination of their buildingaccess security forms. Final building access will be approved based on favorablyadjudicated checks by the Government. However, temporary access approval will berevoked and the Contractor's employee may subsequently be denied access in the eventthe employee's investigation cannot be favorably determined by the NRC. Suchemployee will not be authorized to work under any NRC contract requiring buildingaccess without the approval of DFS/PSB. When an individual receives final access, theindividual will be subject to a review or reinvestigation every five (5) or ten (10) years,depending on their job responsibilities at the NRC.
The Government shall have and exercise full and complete control and discretion overgranting, denying, withholding, or terminating building access approvals for individualsperforming work under this contract. Individuals performing work under this contract atNRC facilities for a period of more than 30 calendar days shall be required to completeand submit to the Contractor representative an acceptable OPM Standard Form 85(Questionnaire for Non-Sensitive Positions), and two (2) FD 258 (Fingerprint Charts).Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of theirlegal residency. This documentation can be a Permanent Resident Card, TemporaryWork Visa, Employment Authorization Card, or other official documentation issued bythe U.S. Citizenship and Immigration Services. Any applicant with less than five (5)years residency in the U.S. will not be approved for building access. The Contractorshall submit the documents to the NRC Contracting Officer's Representative (COR) whowill give them to DFS/PSB.
DFS/PSB may, among other things, grant or deny temporary unescorted building accessapproval to an individual based upon its review of the information contained in the OPMStandard Form 85 and the Contractor's pre-screening record. Also, in the exercise of itsauthority, the Government may, among other things, grant or deny permanent buildingaccess approval based on the results of its review or investigation. This submittalrequirement also applies to the officers of the firm who, for any reason, may visit theNRC work sites for an extended period of time during the term of the contract. In theevent that DFS/PSB are unable to grant a temporary or permanent building accessapproval, to any individual performing work under this contract, the Contractor isresponsible for assigning another individual to perform the necessary function withoutany delay in the contract's performance schedule, or without adverse impact to any other
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terms or conditions of the contract. The Contractor is responsible for informing thoseaffected by this procedure of the required building access approval process (i.e.,temporary and permanent determinations), and the possibility that individuals may berequired to wait until permanent building access approvals are granted before beginningwork in NRC's buildings.
CANCELLATION OR TERMINATION OF BUILDING ACCESS/ REQUEST
The Contractor shall immediately notify the COR when a Contractor or subcontractoremployee or consultant's need for NRC building access approval is withdrawn or theneed by the Contractor employee's for building access terminates. The COR willimmediately notify DFS/PSB (via e-mail) when a Contractor employee no longer requiresbuilding access. The Contractor shall be required to return any NRC issued badges tothe COR for return to DFS/FSB (Facilities Security Branch) within three (3) days aftertheir termination.
Clause 4
NRCH030 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVELI OR LEVEL II ACCESS APPROVAL (SEP 20)13)
The contractor must identify all individuals selected to work under this contract. TheNRC Contracting Officer's Representative (COR) shall make the final determination ofthe level, if any, of IT access approval required for all individuals working under thiscontract/order using the following guidance. The Government shall have full andcomplete control and discretion over granting, denying, withholding, or terminating ITaccess approvals for contractor personnel performing work under this contract/order.
The contractor shall conduct a preliminary security interview or review for eachemployee requiring IT level I or II access and submit to the Government only the namesof candidates that have a reasonable probability of obtaining the level of IT accessapproval for which the employee has been proposed. The contractor shall pre-screen itsapplicants for the following:
(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five(5) years; (c) record of any military courts-martial convictions in the past ten (10) years;(d) illegal use of narcotics or other controlled substances possession in the past year, orillegal purchase, production, transfer, or distribution of narcotics or other controlledsubstances in the last seven (7) years; and (e) delinquency on any federal debts orbankruptcy in the last seven (7) years.
The contractor shall make a written record of its pre-screening interview or review(including any information to mitigate the responses to items listed in (a) - (e)), and havethe employee verify the pre-screening record or review, sign and date it. The contractorshall supply two (2) copies of the signed contractor's pre-screening record or review tothe NRC Contracting Officer's Representative (COR), who will then provide them to theNRC Office of Administration, Division of Facilities and Security, Personnel SecurityBranch with the employee's completed IT access application package.
The contractor shall further ensure that its personnel complete all IT access approvalsecurity applications required by this clause within fourteen (14) calendar days of
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notification by the NRC Contracting Officer's Representative (COR) of initiation of theapplication process. Timely receipt of properly completed records of the pre-screeningrecord and IT access approval applications (submitted for candidates that have areasonable probability of obtaining the level of security assurance necessary for accessto NRC's IT systems/data) is a requirement of this contract/order. Failure of thecontractor to comply with this requirement may be a basis to terminate the contract/orderfor cause, or offset from the contract's invoiced cost or price the NRC's incurred costs ordelays as a result of inadequate pre-screening by the contractor.
SECURITY REQUIREMENTS FOR IT LEVEL I
Performance under this contract/order will involve contractor personnel who performservices requiring direct access to or operate agency sensitive information technologysystems or data (IT Level I). The IT Level I involves responsibility for the planning,direction, and implementation of a computer security program; major responsibility forthe direction, planning, and design of a computer system, including hardware andsoftware; or the capability to access a computer system during its operation ormaintenance in such a way that could cause or that has a relatively high risk of causinggrave damage; or the capability to realize a significant personal gain from computeraccess.
Contractor personnel shall not have access to sensitive information technology systemsor data until they are approved by DFS/PSB and they have been so informed in writingby the NRC Contracting Officer's Representative (COR). Temporary IT access may beapproved by DFS/PSB based on a favorable review or adjudication of their securityforms and checks. Final IT access may be approved by DFS/PSB based on a favorablyreview or adjudication of a completed background investigation. However, temporaryaccess authorization approval will be revoked and the employee may subsequently bedenied IT access in the event the employee's investigation cannot be favorablyadjudicated. Such an employee will not be authorized to work under any NRCcontract/order requiring IT access without the approval of DFS/PSB, as communicated inwriting to the contractor by the NRC Contracting Officer's Representative (COR). Wheretemporary access authorization has been revoked or denied by DFS/PSB, the contractorshall assign another contractor employee to perform the necessary work under thiscontract/order without delay to the contract/order performance schedule, or withoutadverse impact to any other terms or conditions of the contract/order. When anindividual receives final IT access approval from DFS/PSB, the individual will be subjectto a reinvestigation every ten (10) years thereafter (assuming continuous performanceunder contract/order at NRC) or more frequently in the event of noncontinuousperformance under contract/order at NRC.
CORs are responsible for submitting the completed access/clearance request packageas well as other documentation that is necessary to DFS/PSB. The contractor shallsubmit a completed security forms packet, including the OPM Standard Form (SF) 86(online Questionnaire for National Security Positions), two (2) copies of the Contractor'ssigned pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB forreview and adjudication, prior to the individual being authorized to perform work underthis contract/order requiring access to sensitive information technology systems or data.Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of theirlegal residency. This documentation can be a Permanent Resident Card, TemporaryWork Visa, Employment Authorization Card, or other official documentation issued by
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the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7)years residency in the U.S. will not be approved for IT Level I access. The Contractorshall submit the documents to the NRC Contracting Officer's Representative (COR) whowill give them to DFS/PSB. The contractor shall ensure that all forms are accurate,complete, and legible. Based on DFS/PSB review of the contractor employee's securityforms and/or the receipt of adverse information by NRC, the contractor individual may bedenied access to NRC facilities and sensitive information technology systems or datauntil a final determination is made by DFS/PSB and thereafter communicated to thecontractor by the NRC Contracting Officer's Representative (COR) regarding thecontractor person's eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level I contractors shall besubject to the attached NRC Form 187 and SF-86 which furnishes the basis for providingsecurity requirements to contractors that have or may have an NRC contractualrelationship which requires access to or operation of agency sensitive informationtechnology systems or remote development and/or analysis of sensitive informationtechnology systems or data or other access to such systems and data; access on acontinuing basis (in excess more than 30 calendar days) to NRC buildings; or otherwiserequires issuance of an unescorted NRC badge.
SECURITY REQUIREMENTS FOR IT LEVEL II
Performance under this contract/order will involve contractor personnel that developand/or analyze sensitive information technology systems or data or otherwise haveaccess to such systems or data (IT Level I1).
The IT Level II involves responsibility for the planning, design, operation, or maintenanceof a computer system and all other computer or IT positions.
Contractor personnel shall not have access to sensitive information technology systemsor data until they are approved by DFS/PSB and they have been so informed in writingby the NRC Contracting Officer's Representative (COR). Temporary access may beapproved by DFS/PSB based on a favorable review of their security forms and checks.Final IT access may be approved by DFS/PSB based on a favorably adjudication.However, temporary access authorization approval will be revoked and the contractoremployee may subsequently be denied IT access in the event the employee'sinvestigation cannot be favorably adjudicated. Such an employee will not be authorizedto work under any NRC contract/order requiring IT access without the approval ofDFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officer'sRepresentative (COR). Where temporary access authorization has been revoked ordenied by DFS/PSB, the contractor is responsible for assigning another contractoremployee to perform the necessary work under this contract/order without delay to thecontract/order performance schedule, or without adverse impact to any other terms orconditions of the contract/order. When a contractor employee receives final IT accessapproval from DFS/PSB, the individual will be subject to a review or reinvestigationevery ten (10) years (assuming continuous performance under contract/order at NRC) ormore frequently in the event of noncontinuous performance under contract/order atNRC.
CORs are responsible for submitting the completed access/clearance request packageas well as other documentation that is necessary to DFS/PSB. The contractor shall
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submit a completed security forms packet, including the OPM Standard Form (SF) 86(online Questionnaire for National Security Positions), two (2) copies of the Contractor'ssigned pre-screening record and two (2) ED 258 fingerprint charts, to DFS/PSB forreview and adjudication, prior to the contractor employee being authorized to performwork under this contract/order. Non-U.S. citizens must provide official documentation tothe DFS/PSB, as proof of their legal residency. This documentation can be a PermanentResident Card, Temporary Work Visa, Employment Authorization Card, or other officialdocumentation issued by the U.S. Citizenship and Immigration Services. Any applicantwith less than seven (7) years residency in the U.S. will not be approved for IT Level IIaccess. The Contractor shall submit the documents to the NRC Contracting Officer'sRepresentative (COR) who will give them to DFS/PSB. The contractor shall ensure thatall forms are accurate, complete, and legible. Based on DFS/PSB review of thecontractor employee's security forms and/or the receipt of adverse information by NRC,the contractor employee may be denied access to NRC facilities, sensitive informationtechnology systems or data until a final determination is made by DFS/PSB regardingthe contractor person's eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall besubject to the attached NRC Form 187, SF-86, and contractor's record of the pre-screening which furnishes the basis for providing security requirements to contractorsthat have or may have an NRC contractual relationship which requires access to oroperation of agency sensitive information technology systems or remote developmentand/or analysis of sensitive information technology systems or data or other access tosuch systems or data; access on a continuing basis (in excess of more than 30 calendardays) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.
CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST
When a request for IT access is to be withdrawn or canceled, the contractor shallimmediately notify the NRC Contracting Officer's Representative (COR) by telephone sothat the access review may be promptly discontinued. The notification shall contain thefull name of the contractor employee and the date of the request. Telephonenotifications must be promptly confirmed by the contractor in writing to the NRCContracting Officer's Representative (COR), who will forward the confirmation toDFS/PSB. Additionally, the contractor shall immediately notify the NRC ContractingOfficer's Representative (COR) in writing, who will in turn notify DFS/PSB, when acontractor employee no longer requires access to NRC sensitive automated informationtechnology systems or data, including the voluntary or involuntary separation ofemployment of a contractor employee who has been approved for or is being processedfor IT access.
The contractor shall flow the requirements of this clause down into all subcontracts and
agreements with consultants for work that requires them to access NRC IT resources.
Clause 5
SECURITY REQUIREMENTS FOR ACCESS TO CLASSIFIED MATTER ORINFORMATION (AUG 2011)
Performance under this contract will require access to classified matter or information(National Security Information or Restricted Data) in accordance with the attached NRC
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Form 187 (See List of Attachments). Prime Contractor personnel, subcontractors orothers performing work under this contract shall require a "Q" security clearance (allowsaccess to Top Secret, Secret, and Confidential National Security Information andRestricted Data) or an "L" security clearance (allows access to Secret and ConfidentialNational Security Information and/or Confidential Restricted Data).
The Contractor must identify all individuals to work under this contract. The NRCsponsoring office shall make the final determination of the type of security clearancerequired for all individuals working under this contract.
The Contractor shall conduct a preliminary security interview or review for each of itsemployees, subcontractor employees and consultants, and submit to the Governmentonly the names of candidates that have a reasonable probability of obtaining the level ofsecurity clearance for which the candidate has been proposed. The Contractor will pre-screen applicants for the following:
(a) pending criminal charges or proceedings; (b) felony arrest records including alcoholrelated arrest within the last seven (7) years; (c) record of any military courts-martialcharges and proceedings in the last seven (7) years and courts-martial convictions in thelast ten (10) years; (d )any involvement in hate crimes; (e) involvement in any group ororganization that espouses extra-legal violence as a legitimate means to an end; (f) dualor multiple citizenship including the issuance of a foreign passport in the last seven (7)years; (g) illegal use possession, or distribution of narcotics or other controlledsubstances within the last seven (7) years; (h) financial issues regarding delinquentdebts, liens, garnishments, bankruptcy and civil court actions in the last seven (7) years.
The Contractor will make a written record of their pre-screening interview or review(including any information to mitigate the responses to items listed in (a) - (h)), and havethe candidate verify the record, sign and date it. Two (2) copies of the signed interviewrecord or review will be supplied to DFS/PSB with the applicant's completed securityapplication package.
The Contractor will further ensure that all Contractor employees, subcontractoremployees and consultants for classified information access approval complete allsecurity applications required by this clause within fourteen (14) calendar days ofnotification by DFS/PSB of initiation of the application process. Timely receipt ofproperly completed security applications (submitted for candidates that have areasonable probability of obtaining the level of security clearance for which the candidatehas been proposed) is a contract requirement. Failure of the Contractor to comply withthis condition may be a basis to cancel the award, or terminate the contract for default,or offset from the contract's invoiced cost or price the NRC's incurred costs or delays asa result of inadequate pre-screening by the Contractor. In the event of termination orcancellation, the Government may select another firm for contract award.
Such Contractor personnel shall be subject to the NRC Contractor personnel securityrequirements of NRC Management Directive (MD) 12.3, Part l and 10 CFR Part 10.11,which is hereby incorporated by reference and made a part of this contract as thoughfully set forth herein, and will require a favorably adjudicated Single Scope BackgroundInvestigation (SSBI) for "Q" clearances or a favorably adjudicated Access NationalAgency Check and Inquiries (ANACI), or higher level investigation depending on theposition the individual will occupy, for "L" clearances.
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A Contractor employee shall not have access to classified information until he/she isgranted a security clearance by DFS/PSB, based on a favorably adjudicatedinvestigation. In the event the Contractor employee's investigation cannot be favorablyadjudicated, any interim access approval could possibly be revoked and the individualcould be subsequently removed from performing under the contract. If interim approvalaccess is revoked or denied, the Contractor is responsible for assigning anotherindividual to perform the necessary work under this contract without delay to thecontract's performance schedule, or without adverse impact to any other terms orconditions of the contract. The individual will be subject to a reinvestigation every five (5)years for "Q" clearances and every ten (10) years for "L" clearances.
The Contractor shall submit a completed security forms packet, including the SF-86,"Questionnaire for National Security Positions," and fingerprint charts, through the P0) toDFS/PSB for review and submission to the Office of Personnel Management forinvestigation. The individual may start working under this contract before a finalclearance is granted if a temporary access determination can be made by DFS/PSBafter the review of the security package. If the individual is granted a temporary accessauthorization, the individual may not have access to classified information under thiscontract until DFS/PSB has granted them the appropriate security clearance, and theContractor has read, understood, and signed the SF 312, "Classified InformationNondisclosure Agreement." The Contractor shall assure that all forms are accurate,complete, and legible (except for Part 2 of the questionnaire, which is required to becompleted in private and submitted by the individual to the Contractor in a sealedenvelope), as set forth in NRC MD 12.3. Based on DFS/PSB review of the applicant'sinvestigation, the individual may be denied his/her security clearance in accordance withthe due process procedures set forth in MD 12.3, E.O. 12968, and 10 CFR Part 10.11.
In accordance with NRCAR 2052.204-70 cleared Contractors shall be subject to theattached NRC Form 187 (See Section J for List of Attachments), MD 12.3, SF- 86 andContractor's signed record or review of the pre-screening which furnishes the basis forproviding security requirements to prime Contractors, subcontractors or others who haveor may have an NRC contractual relationship which requires access to classifiedinformation.
CANCELLATION OR TERMINATION OF SECURITY CLEARANCEACCESS/REQUEST
When a request for clearance investigation is to be withdrawn or canceled, theContractor shall immediately notify the P0 by telephone so that the investigation may bepromptly discontinued. The notification shall contain the full name of the individual, andthe date of the request. Telephone notifications must be promptly confirmed in writingby the Contractor to the P0 who will forward the confirmation via email to DFS/PSB.Additionally, DFS/PSB must be immediately notified in writing when an individual nolonger requires access to Government classified information, including the voluntary orinvoluntary separation of employment of an individual who has been approved for or isbeing processed for access under the NRC ''Personnel Security Program."
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Clause 6
Drug Testing
NRCH430 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TONUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION ORSAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVEPOSITIONS (OCT 2014)
All contractor employees, subcontractor employees, applicants, and consultantsproposed for performance or performing under this contract shall be subject to pre-assignment, random, reasonable suspicion, and post-accident drug testing applicable to:(1) individuals who require unescorted access to nuclear power plants, (2) individualswho have access to classified or safeguards information, (3) individuals who arerequired to carry firearms in performing security services for the NRC, (4) individualswho are required to operate government vehicles or transport passengers for the NRC,(5) individuals who are required to operate hazardous equipment at NRC facilities, or (6)individuals who admit to recent illegal drug use or those who are found through othermeans to be using drugs illegally.
The NRC Drug Program Manager will schedule the drug testing for all contractoremployees, subcontractor employees, applicants, and consultants who are subject totesting under this clause. The consequences of refusing to undergo drug testing or arefusal to cooperate in such testing, including not appearing at~the scheduledappointment time, will result in the Agency's refusal of the contractor employee to workunder any'NRC contract. Any NRC contractor employee found to be using, distributingor possessing illegal drugs, or any contractor employee who fails to receive a verifiednegative drug test result under this program while in a duty status will immediately beremoved from working under the NRC contract. The contractor's employer will benotified of the denial or revocation of the individual's authorization to have access toinformation and ability to perform under the contract. The individual may not work on anyNRC contract for a period of not less than one year from the date of the failed, positivedrug test and will not be considered for reinstatement unless evidence of rehabilitation,as determined by the NRC "drug testing contractor's" Medical Review Officer, isprovided.
Contractor drug testing records are protected under the NRC Privacy Act Systems ofRecords, System 35, "Drug Testing Program Records - NRC" found at:http:l/www.nrc.gov/reading-rm/foia/privacy-systems.html
(End of Clause)
NRCHO32 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS -
GENERAL (APR 2014)
Basic Contract IT Security Requirements
The contractor agrees to insert terms that conform substantially to the language of the ITsecurity requirements, excluding any reference to the Changes clause of this contract,all subcontracts under this contract.
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For unclassified information used for the effort, the contractor shall provide aninformation security categorization document indicating the sensitivity of the informationprocessed as part of this contract if the information security categorization was notprovided in the statement of work. The determination shall be made using NationalInstitute of Standards and Technology (NIST) Special Publication (SP) 800-60 and mustbe approved by CSO. The NRC contracting officer and Contracting Officer'sRepresentative (COR) shall be notified immediately before the contractor begins toprocess information at a higher sensitivity level.
If the effort includes use or processing of classified information, the NRC contractingofficer and Contracting Officer's Representative (COR) shall be notified before thecontractor begins to process information at a more restrictive classification level.
All work under this contract shall comply with the latest version of policy, procedures andstandards. Individual task orders will reference latest versions of standards or exceptionsas necessary. These policy, procedures and standards include: NRC ManagementDirective (MD) volume 12 Security, Computer Security Office policies, procedures andstandards, National Institute of Standards and Technology (NIST) guidance and FederalInformation Processing Standards (FIPS), and Committee on National Security Systems(CNSS) policy, directives, instructions, and guidance. This information is available at thefollowing links:
NRC Policies, Procedures and Standards (CSO internal website):
http://www.internal.nrc.gov/CSO/policies.html
All NRC Management Directives (public website):
http ://www' nrc'gov/reading-rmldoc-collections/management-directivesl
NIST SP and FIPS documentation is located at:
http://csrc.nist.gov/
CNSS documents are located at:
http://www.cnss.gov/
When e-mail is used, the Contractors shall only use NRC provided e-mail accounts tosend and receive sensitive information (information that is not releasable to the public) ormechanisms to protect the information during transmission to NRC that have beenapproved by CSO.
All Contractor employees must sign the NRC Agency-Wide Rules of Behavior for
Authorized Computer Use prior to being granted access to NRC computing resources.
The Contractor shall adhere to following NRC policies, including but not limited to:
* Management Directive 12.5, Automated Information Security Program- Computer Security Policy for Encryption of Data at Rest When Outside of Agency
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Facilities* Policy for Copying, Scanning, Printing, and Faxing SGI & Classified Information* Computer Security Information Protection Policy* Remote Access Policy* Use of Commercial Wireless Devices, Services and Technologies Policy* Laptop Security Policy* Computer Security Incident Response Policy
Contractor will adhere to NRC's prohibition of use of personal devices to process andstore NRC sensitive information.
All work performed at non-NRC facilities shall be in facilities, networks, and computersthat have been accredited by NRC for processing information at the sensitivity level ofthe information being processed.
Contract Performance and Closeout
The contractor shall ensure that the NRC data processed during the performance of thiscontract shall be purged from all data storage components of the contractor's computerfacility, and the contractor will retain no NRC data within 30 calendar days after contractis completed. Until all data is purged, the contractor shall ensure that any NRC dataremaining in any storage component will be protected to prevent unauthorizeddisclosure.
When contractor employees no longer require access to an NRC system, the contractorshall notify the Contracting Officer's Representative (COR) within 24 hours.
Upon contract completion, the contractor shall provide a status list of all contractoremployees who were users of NRC systems and shall note if any users still requireaccess to the system to perform work if a follow-on contract or task order has beenissued by NRC.
Control of Information and Data
The contractor shall not publish or disclose in any manner, without the contractingofficer's written consent, the details of any security controls or countermeasures eitherdesigned or developed by the contractor under this contract or otherwise provided by theNRC.
Any IT system used to process NRC sensitive information shall:
* Include a mechanism to require users to uniquely identify themselves to thesystem before beginning to perform any other actions that the system is expected toprovide.* Be able to authenticate data that includes information for verifying the claimedidentity of individual users (e.g., passwords).* Protect authentication data so that it cannot be accessed by any unauthorizeduser.* Be able to enforce individual accountability by providing the capability to uniquelyidentify each individual computer system user.• Report to appropriate security personnel when attempts are made to guess the
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authentication data whether inadvertently or deliberately.
Access Controls
Any contractor system being used to process NRC data shall be able to define andenforce access privileges for individual users. The discretionary access controlsmechanisms shall be configurable to protect objects (e.g., files, folders) fromunauthorized access.
The contractor system being used to process NRC data shall provide only essentialcapabilities and specifically prohibit and/or restrict the use of specified functions, ports,protocols, and/or services.
The contractors shall only use NRC approved methods to send and receive informationconsidered sensitive or classified. Specifically,
* Classified Information - All NRC Classified data being transmitted over a networkshall use NSA approved encryption and adhere to guidance in MD 12.2 NRC ClassifiedInformation Security Program, MD 12.5 NRC Automated Information Security Programand Committee on National Security Systems. Classified processing shall be only withinfacilities, computers, and spaces that have been specifically approved for classifiedprocessing.
* SGI Information - All SGI being transmitted over a network shall adhere toguidance in MD 12.7 NRC Safeguards Information Security Program and MD 12.5 NRCAutomated Information Security Program. SGI processing shall be only within facilities,computers, and spaces that have been specifically approved for SGI processing.Cryptographic modules provided as part of the system shall be validated under theCryptographic Module Validation Program to conform to NIST FIPS 140-2 overall level 2and must be operated in FIPS mode. The contractor shall provide the FIPS 140-2cryptographic module certificate number and a brief description of the encryption modulethat includes the encryption algorithm(s) used, the key length, and the vendor of theproduct.
The most restrictive set of rights/privileges or accesses needed by users (or processesacting on behalf of users) for the performance of specified tasks must be enforced by thesystem through assigned access authorizations.
Separation of duties for contractor systems used to process NRC information must beenforced by the system through assigned access authorizations.
The mechanisms within the contractor system or application that enforces access controland other security features shall be continuously protected against tampering and/orunauthorized changes.
Configuration Standards
All systems used to process NRC sensitive information shall meet NRC configurationstandards available at: http://www.internal.nrc.gov/CSO/standards. html.
Information Security Training and Awareness Training
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Contractors shall ensure that their employees, consultants, and subcontractors that havesignificant IT responsibilities (e.g., IT administrators, developers, project leads) receivein-depth IT security training in their area of responsibility. This training is at theemployer's expense.
Media Handling
All media used by the contractor to store or process NRC information shall be controlled
in accordance with the sensitivity level.
The contractor shall not perform sanitization or destruction of media approved forprocessing NRC information designated as SGI or Classified. The contractor mustprovide the media to NRC for destruction.
Vulnerability Management
The Contractor must adhere to NRC patch management processes for all systems usedto process NRC information. Patch Management reports will made available to the NRCupon request for following security categorizations and reporting timeframes:
* 5 calendar days after being requested for a high sensitivity system• 10 calendar days after being requested for a moderate sensitivity system* 15 calendar days after being requested for a low sensitivity system
For any contractor system used to process NRC information, the contractor must ensurethat information loaded into the system is scanned for viruses prior to posting; serversare scanned for viruses, adware, and spyware on a regular basis; and virus signaturesare updated at the following frequency:
* 1 calendar day for a high sensitivity system* 3 calendar days for a moderate sensitivity system° 7 calendar days for a low sensitivity system
(End of Clause)
NRCH39O NRC INFORMATION TECHNOLOGY SECURITY
NRC contractors shall ensure that their employees, consultants, and subcontractors withaccess to the agency's information technology (IT) equipment and/or IT servicescomplete NRC's online initial and refresher IT security training requirements to ensurethat their knowledge of IT threats, vulnerabilities, and associated countermeasuresremains current. Both the initial and refresher IT security training courses generally lastan hour or less and can be taken during the employee's regularly scheduled work day.
Contractor employees, consultants, and subcontractors shall complete the NRC's onlineannual, "Computer Security Awareness" course on the same day that they receiveaccess to the agency's IT equipment and/or services, as their first action using theequipment/service. For those contractor employees, consultants, and subcontractorswho are already working under this contract, the on-line training must be completed in
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accordance with agency Network Announcements issued throughout the year, withinthree weeks of issuance of this modification.
Contractor employees, consultants, and subcontractors who have been granted accessto NRC information technology equipment and/or IT services must continue to take ITsecurity refresher training offered online by the NRC throughout the term of the contract.Contractor employees will receive notice of NRC's online IT security refresher trainingrequirements through agency-wide notices.
The NRC reserves the right to deny or withdraw Contractor use or access to NRC ITequipment and/or services, and/or take other appropriate contract administrative actions(e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor'sresponsibility under this clause.
(End of Clause)
NRCH420 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRCHEADQUARTERS (SEP 2013)
Prior to occupying any Government provided space at NRC Headquarters in RockvilleMaryland, the Contractor shall obtain written authorization to occupy specificallydesignated government space, via the NRC Contracting Officer's Representative (COR),from the Chief, Space Design Branch, Office of Administration. Failure to obtain thisprior authorization can result in one, or a combination, of the following remedies asdeemed appropriate by the Contracting Officer.
(1) Rental Charge for the space occupied will be deducted from the invoice amount duethe Contractor
(2) Removal from the space occupied
(3) Contract Termination
(End of Clause)
NRCH410 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR ANDSUBCONTRACTOR EMPLOYEES
(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor aresubject to the Whistleblower Employee Protection public law provisions as codified at 42U.S.C. 5851. NRC contractor(s) and subcontractor(s) shall comply with therequirements of this Whistleblower Employee Protection law, and the implementingregulations of the NRC and the Department of Labor (DOL). See, for example, DOLProcedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employerobligations, prohibited acts, DOL procedures and the requirement for prominent postingof notice of Employee Rights at Appendix A to Part 24 entitled: "Your Rights Under theEnergy Reorganization Act".
(b) Under this Whistleblower Employee Protection law, as implemented by regulations,NRC contractor and subcontractor employees are protected from discharge, reprisal,
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threats, intimidation, coercion, blacklisting or other employment discrimination practiceswith respect to compensation, terms, conditions or privileges of their employmentbecause the contractor or subcontractor employee(s) has provided notice to theemployer, refused to engage in unlawful practices, assisted in proceedings or testifiedon activities concerning alleged violations of the Atomic Energy Act of 1954 (asamended) and the Energy Reorganization Act of 1974 (as amended).
(c) The contractor shall insert this or the substance of this clause in any subcontractsinvolving work performed under this contract.
(End of Clause)
NRCH370 SAFETY OF ON-SITE CONTRACTOR PERSONNEL
Ensuring the safety of occupants of Federal buildings is a responsibility shared by theprofessionals implementing our security and safety programs and the persons beingprotected. The NRC's Office of Administration (ADM) Division of Facilities and Security(DFS) has coordinated an Occupant Emergency Plan (OEP) for NRC Headquartersbuildings with local authorities. The OEP has been approved by the MontgomeryCounty Fire and Rescue Service. It is designed to improve building occupants' chancesof survival, minimize damage to property, and promptly account for building occupantswhen necessary.
The contractor's Project Director Shall ensure that all personnel working full time on-siteat NRC Headquarters read the NRC's OEP, provided electronically on the NRC Intranetat http://www.internal.nrc.gov/ADM/OEP.pdf. The contractor's Project Director also shallemphasize to each staff member that they are to be familiar with and guided by theOEP, as well as by instructions given by emergency response personnel in situationswhich pose an immediate health or safety threat to building occupants.
The NRC Contracting Officer's Representative (COR) shall ensure that the contractor'sProject Director has communicated the requirement for on-site contractor staff to followthe guidance in the OEP. The NRC Contracting Officer's Representative (COR) also willassist in accounting for on-site contract persons in the event of a major emergency (e.g.,explosion occurs and casualties or injuries are suspected) during which a full evacuationwill be required, including the assembly and accountability of occupants. The NRC DFSwill conduct drills periodically to train occupants and assess these procedures.
(End of Clause)
NRCH350 FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OVERCONTRACTOR
The National Industrial Security Program Operating Manual (NISPOM) implements theprovisions of E.O. 12829, "National Industrial Security Program." A company isconsidered to be under FOCI whenever a foreign interest has the power, direct orindirect, whether or not exercised, and whether or not exercisable through the ownershipof the U.S. company's securities, by contractual arrangements or otherwise, to direct ordecide matters affecting the management or operations of that company in a manner
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that may result in unauthorized access to classified information or may adversely affectthe performance of classified information contracts. (See NRC Management Directive12.2 - "NRC Classified Information Security Program")
(a) For purposes of this clause, a foreign interest is defined as any of the following:
(1) A foreign government or foreign government agency;
(2) Any form of business enterprise organized under the laws of any country other than
the United States or its possessions;
(3) Any form of business enterprise organized or incorporated under the laws of theU.S., or a State or other jurisdiction within the U.S., which is owned, controlled, orinfluenced by a foreign government, agency, firm, corporation or person; or
(4) Any person who is not a U.S. citizen.
(b) A U.S. company determined to be under FOCI is not eligible for facility clearance(FCL). If a company already has an FCL, the FCL shall be suspended or revoked unlesssecurity measures are taken to remove the possibility of unauthorized access toclassified information.
(c) For purposes of this clause, subcontractor means any subpcontractor at any tier andthe term "contracting officer" shall mean NRC contracting officer. When this clause isincluded in a subcontract, the term "contractor" shall mean subcontractor and the term"contract" shall mean subcontract.
(d) The contractor shall complete and submit and SF-328, DD-441 and DD-441-1 forms,prior to contract award. The information contained in these forms may be used inmaking a determination as to whether a contractor is eligible to participate in theNational Industrial Security Program and have a facility security clearance.
(e) The contractor shall immediately provide the contracting officer written notice of anychanges in the extent and nature of FOCI over the contractor which would affect theanswers to the questions presented in SF-328, "Certificate Pertaining to ForeignInterest". Further, notice of changes in ownership or control which are required to bereported to the Securities and Exchange Commission, the Federal Trade Commission,or the Department of Justice shall also be furnished concurrently to the contractingofficer.
(f) In those cases where a contractor has changes involving FOCI, the NRC mustdetermine whether the changes will pose an undue risk to the common defense andsecurity. In making this determination, the contracting officer shall consider proposalsmade by the contractor to avoid or mitigate foreign influences.
(g) The contractor agrees to insert terms that conform substantially to the language ofthis clause including this paragraph (g) in all subcontracts under this contract that willrequire access to classified information and shall require such subcontractors to submitcompleted SF-328, DD-441 and DD-441-1 forms prior to award of a subcontract.Information to be provided by a subcontractor pursuant to this clause may be submitteddirectly to the contracting officer.
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(h) Information submitted by the contractor or any affected subcontractor as requiredpursuant to this clause shall be treated by NRC to the extent permitted by law, asbusiness or financial information submitted in confidence to be used solely for purposesof evaluating FOCI.
(i) The requirements of this clause are in addition to the requirement that a contractorobtain and retain the security clearances required by the contract. This clause shall notoperate as a. limitation on NRC's rights, including its rights to terminate this contract.
(j) The contracting officer may terminate this contract for default either if the contractorfails to meet obligations imposed by this clause, e.g., provide the information required bythis clause, comply with the contracting officer's instructions about safeguardingclassified information, or make this clause applicable to subcontractors, or if, in thecontracting officer's judgment, the contractor creates a FOCI situation in order to avoidperformance or a termination for default. The contracting officer may terminate thiscontract for convenience if the contractor becomes subject to FOCI and for reasonsother than avoidance of performance of the contract, cannot, or chooses not to, avoid ormitigate the FOCI problem.
(End of Clause)
NRCH340 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS
NRC contractors are responsible to ensure that their alien personnel are not in violationof United States immigration laws and regulations, including employment authorizationdocuments and visa requirements. Each alien employee of the Contractor must belawfully admitted for permanent residence as evidenced by Permanent Resident Form I-551 (Green Card), or must present other evidence from the U.S. Department ofHomeland Security/U.S. Citizenship and Immigration Services that employment will notaffect his/her immigration status. The U.S. Citizenship and Immigration Servicesprovides information to contractors to help them understand the employment eligibilityverification process for non-US citizens. This information can be found on their website,http://www.uscis.gov/portal/site/uscis.
The NRC reserves the right to deny or withdraw Contractor use or access to NRCfacilities or its equipment/services, and/or take any number of contract administrativeactions (e.g., disallow costs, terminate for~cause) should the Contractor violate theContractor's responsibility under this clause.
(End of Clause)
NRCH010 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS -
SERVICE CONTRACT ACT
Each employee of the Contractor or any subcontractor performing services under thiscontract shall be paid at least the minimum allowable monetary wage and fringe benefitsprescribed under the U.S. Department of Labor Wage Determination attached to thecontract.
(End of Clause)
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NRCH015 BILLING INSTRUCTIONS FOR FIXED-PRICE TYPE CONTRACTS (MAY 2013)
General: During performance and through final payment of this contract, the contractoris responsible for the accuracy and completeness of data within the Central ContractorRegistration (CCR) database and for any liability resulting from the Government's,reliance on inaccurate or incomplete CCR data.
The contractor shall prepare invoices/vouchers for payment of deliverables identified inthe contract, in the manner described herein. FAILURE TO SUBMITINVOICES/VOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS MAYRESULT IN REJECTION OF THE INVOICE/VOUCHER AS IMPROPER.
Standard Forms: Payment requests for completed work, in accordance with thecontract, shall be submitted on the payee's letterhead, invoice/voucher, or on theGovernment's Standard Form 1034, "Public Voucher for Purchases and Services Otherthan. Personal," and Standard Form 1035, "Public Voucher for Purchases Other thanPersonal--Continuation Sheet."
Electronic Invoice/Voucher Submissions: The preferred method of submittinginvoices/vouchers is electronically to the U.S. Nuclear Regulatory Commission, via emailto: NRCPayments(~nrc..Qov.
Hard-CoDy Invoice/Voucher Submissions: If you submit a hard-copy of theinvoice/voucher, a signed original and supporting' documentation shall be submitted tothe following address:
NRC PaymentsU.S. Nuclear Regulatory Commission.One White Flint North11555 Rockville PikeMailstop 03-E17ARockville, MD 20852-2738
Purchase of Capital Property: ($50, 000 or more with life of one year or/longer)
Contractors must report to the Contracting Officer, electronically, any capital propertyacquired with contract funds having an initial cost of $50,000 or more, in accordancewith procedures set forth in NRC Management Directive (MD) 13.1, IV, C - "ReportingRequirements" (revised 2/16/2011).
Agency Payment Office: Payment will continue to be made by the office designated inthe contract in Block 12 of Standard Form 26, Block 25 of Standard Form 33, or Block18a of Standard Form 1449, whichever is applicable.
Frequency: The contractor shall submit invoices/vouchers for payment once eachmonth, unless otherwise authorized by the Contracting Officer.
Format: Invoices/Vouchers shall be submitted in the format depicted on the attachedsample form entitled "Invoice/Voucher for Purchases and Services Other Than
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Personal". Alternate formats are permissible only if they address all requirements of theBilling Instructions. The instructions for preparation and itemization of theinvoice/voucher are included with the sample form.
Task Order Contracts: The contractor must submit a separate invoice/voucher foreach individual task order with pricing information. This includes items discussed inparagraphs (a) through (p) of the attached instructions. In addition, the invoice/vouchermust specify the contract number, and the NRC-assigned tasklddelivery order number.
Final vouchers/invoices shall be marked "FINAL INVOICE" or "FINAL VOUCHER".
Currency: Invoices/Vouchers must be expressed in U.S. Dollars.
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,NRC-HQ-.40-1 5-0-0007
INVOICEIVOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL(SAMPLE FORMAT - COVER SHEET)
1. Official Aqency Billing Office
NRC PaymentsU.S. Nuclear Regulatory CommissionOne White Flint North11555 Rockville PikeMailstop 03-El17ARockville, MD 20852-2738
2. Invoicel~oucher Information
a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's DataUniversal Number (DUNS) or DUNS+4 number that identifies the Payee's name andaddress. The DUNS+4 number is the DUNS number plus a 4-character suffix that maybe assigned at the discretion of the Payee to identify alternative Electronic FundsTransfer (EFT) accounts for the same parent concern.
b. Taxpayer Identification Number. The Payee shall include the Payee's taxpayeridentification number (TIN) used by the Internal Revenue Service (IRS) in theadministration of tax laws. (See IRS Web site:http:llwww.irs.q~ovlBusinesses/SmalI-Businesses-&-Self-EmployedlEmployer-ID-Numbers-(EINs)).
c. Payee's Name and Address. Show the name of the Payee as it appears in thecontract and its correct address. Where the Payee is authorized to assign the proceedsof this contract in accordance with the clause at FAR 52.232-23, the Payee shall requireas a condition of any such assignment, that the assignee shall register separately in theCentral Contractor Registration (CCR) database at http://www.ccr.gov and shall be paidby EFT in accordance with the terms of this contract. See Federal AcquisitionRegulation (FAR) 52.232-33(g) Payment by Electronic Funds Transfer - CentralContractor Registration (October 2003).
d. Contract Number. Insert the NRC contract number (including Enterprise-wideContract (EWC)), GSA Federal Supply Schedule (ESS), Governmentwide AgencyContract (GWAC) number, or Multiple Agency Contract (MAC) number, as applicable.
e. Task Order Number. Insert the task/delivery order number (If Applicable). Do notinclude more than one task order per invoice or the invoice may be rejected asimproper.
f. Invoice/Voucher. The appropriate sequential number of the invoice/voucher,beginning with 001 should be designated. Contractors may also include an individualinternal accounting number, if desired, in addition to the 3-digit sequential number.
g. Date of Invoice/Voucher. Insert the date the invoice/voucher is prepared.
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h. Billinq Period. Insert the beginning and ending dates (day, month, year) of the periodduring which deliverables were completed and for which payment is requested.
i.Description of Deliverables. Provide a brief description of supplies or services,quantity, unit price, and total price.
j. Work Completed. Provide a general summary description of the services performedor products submitted for the invoice period and specify the section or Contract Line ItemNumber (CLIN) or SubCLIN in the contract pertaining to the specified contractdeliverable(s).
k. Shippingq. Insert weight and zone of shipment, if shipped by parcel post.
I. Chargqes for freight or express shipments. Attach prepaid bill if shipped by freight or
express.
m. Instructions. Include instructions to consignee to notify the Contracting Officer of
receipt of shipment.
n. For Indefinite Delivery contracts, the final invoice/voucher shall be marked FINAL
INVOICE" or "FINAL VOUCHER".
o. Total Amount Billed. Insert columns for total amounts for the current and cumulative
periods.
p. Adiustments. Insert columns for any adjustments, including outstanding suspensionsfor deficient or defective products or nonconforming services, for the current andcumulative periods.
q. Grand Totals.
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NRC-HQ-40-1 5-0-0007
NRCH014 Billing Instructions for Labor Hour/Time and Materials Type Contracts(JUNE 2008)
General: During performance and through final payment of this contract, the contractor,is responsible for the accuracy and completeness of data within the Central ContractorRegistration (OCR) database and for any liability resulting from the Government'sreliance on inaccurate or incomplete CCR data.
The contractor shall prepare vouchers/invoices as prescribed herein. FAILURE TOSUBMIT VOUCHERS/INVOICES IN ACCORDANCE WITH THESE INSTRUCTIONSWILL RESULT IN REJECTION OF THE VOUCHER/INVOICE AS IMPROPER.
Form: Claims shall be submitted on the payee's letterhead, voucher/invoice, or on the
Government's Standard Form 1034, "Public Voucher for Purchases and Services Otherthan Personal," and Standard Form 1035, "Public Voucher for Purchases Other thanPersonal--Continuation Sheet."
Number of Copies: A signed original shall be submitted. If the voucher/invoiceincludes the purchase of any property with an initial acquisition cost of $50,000 or more,a copy of the signed original is also required.
Electronic InvoiceNoucher Submissions: The preferred method of submittinginvoices/vouchers is electronically to the U.S. Nuclear Regulatory Commission, via emailto: NRCPaymentst~nrc..qov.
If the voucher/invoice includes the purchase of any property with an initial acquisitioncost of $50,000 or more, a copy of the signed original shall be electronically sent to:Property(~nrc..qov.
Hard-Copy InvoiceNoucher Submissions: If you submit a hard-copy of theinvoice/voucher, a signed original and supporting documentation shall be submitted tothe following address:
NRC PaymentsU.S. Nuclear Regulatory CommissionOne White Flint North1 1555 Rockville PikeMailstop O3-E17ARockville, MD 20852-2738
If you submit a hard-copy of the voucher/invoice and it includes the purchase of anyproperty with an initial acquisition cost of $50,000 or'more, a copy of the signed originalshall be mailed to the following address:
U.S. Nuclear Regulatory CommissionNRC Property Management OfficerMail Stop: O-4D15Washington, DC 20555-0001
HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED
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Agqency Payment Office: Payment will continue to be made by the office designated inthe contract in Block 12 of Standard Form 26, Block 25 of Standard Form 33, or Block18a. of Standard Form 1449, whichever is applicable.
Frequency: The contractor shall submit claims for reimbursement once each month,unless otherwise authorized by the Contracting Officer.
Format: Claims shall be submitted in the format depicted on the sample form entitled"Voucher/Invoice for Purchases and Services Other than Personal," which is providedbelow. The sample format is provided for guidance only. The format is not required forsubmission of a voucher/invoice. Alternate formats are permissible provided allrequirements of the billing instructions are addressed.
Billingq of Cost after Expiration of Contract: If costs are incurred during the contractperiod and claimed after the contract has expired, you must cite the period during whichthese costs were incurred. To be considered a proper expiration voucher/invoice, thecontractor shall clearly mark it "EXPIRATION VOUCHER" or "EXPIRATION INVOICE".
Final vouchers/invoices shall be marked "FINAL VOUCHER" or "FINAL INVOICE".
Currency: Billings may be expressed in the currency normally used by the contractor inmaintaining his accounting records and payments will be made in that currency.However, the U.S. dollar equivalent for all vouchers/invoices paid under the contractmay not exceed the total U.S. dollars authorized in the contract.
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INVOICENOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL(SAMPLE FORMAT - COVER SHEET)
1. Official Agency Billing Office
Department of the InteriorNational Business CenterAttn: Fiscal Services Branch - 027707301 West Mansfield AvenueDenver, CO 80235-2230
2. Voucher Information
a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's DataUniversal Number (DUNS) or DUNS+4 number that identifies the Payee's name andaddress. The DUNS+4 number is the DUNS number plus a 4-character suffix that maybe assigned at the discretion of the Payee to identify alternative Electronic FundsTransfer (EFT) accounts for the same parent concern.
b. Payee's Name and Address. Show the name of the Payee as it appears in thecontract and its correct address. If the Payee assigns the proceeds of this contract asprovided for in the assignment of claims terms of this contract, the Payee shall requireas a condition of any such assignment, that the assignee shall register separately in theCentral Contractor Registration (CCR) database at http://www.ccr.gov and shall be paidby EFT in accordance with the terms of this contract. See Federal AcquisitionRegulation 52.232-33(g) Payment by Electronic Funds Transfer - Central ContractorRegistration (October 2003).
c. contract Number. Insert the NRC contract number.
d. Voucher/Invoice. The appropriate sequential number of the voucher/invoice,beginning with 001 should be designated. Contractors may also include an individualinternal accounting number, if desired, in addition to the 3-digit sequential number.
e. Date of Voucher/Invoice. Insert the date the voucher/invoice is prepared.
f. Billing period. Insert the beginning and ending dates (day, month, and year) of theperiod during which costs were incurred and for which reimbursement is claimed.
g. Required Attachments (Supporting Documentation). Direct Costs. The contractorshall submit as an attachment to its invoice/voucher cover sheet a Jisting of laborcategories, hours billed, fixed hourly rates, total dollars, and cumulative hours billed todate under each labor category authorized under the contract/purchase order for each ofthe activities to be performed under the contract/purchase order. The contractor shallinclude incurred costs for: (1) travel, (2) materials, including non-capitalized equipmentand supplies, (3) capitalized nonexpendable equipment, (4) materials handling fee, (5)consultants (supporting information must include the name, hourly or daily rate of theconsultant, and reference the NRC approval), and (6) subcontracts (include separatedetailed breakdown of all costs paid to approved subcontractors during the billing period)with the required supporting documentation, as well as the cumulative total of each cost,billed to date by activity.
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3. Definitions
a. Non-capitalized Equipment, Materials, and Supplies. These are equipment otherthan that described in number (4) below, plus consumable materials, supplies.List by category. List items valued at $1,000 or more separately. Provide theitem number for each piece of equipment valued at $1,000 or more.
b. Capitalized Non Expendable Equipment. List each item costing $50,000 or moreand having a life expectancy of more tha'n one year. List only those items ofequipment for which reimbursement is requested. For each such item, list thefollowing (as applicable): (a) the item number for the specific piece of equipmentlisted in the property schedule of the contract; or (b) the Contracting Officer'sapproval letter if the equipment is not covered by the property schedule.
c. Material handling costs. When included as part of material costs, materialhandling costs shall include only costs clearly excluded from the labor-hour rate.Material handling costs may include all appropriate indirect costs allocated todirect materials in accordance with the contractor's usual accounting procedures.
Sample Voucher Information (Supportincq Documentation must be attached)
This voucher/invoice represents reimbursable costs for the billing periodfrom through____
Current Period Cumulative AmtBilled
(f) Direct Costs:
(1) Direct Labor
(2) Travel
(3) Materials
(4) Equipment
.
$.
$.
$
$
$
$
$
$
$
$
(5) Materials Handling Fee
$
$
$(6) Consultants
(7) Subcontracts
Total Direct Costs:
$
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SECTION I - Contract Clauses
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS ANDREQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR2014)
52.212-4 Contract Terms and Conditions - Commercial Items (May 2015) Alternate I(May 2014)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGINGWHILE DRIVING. (AUG 2011)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)
52.232-39 UN ENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)
52.245-1 Government Property (APR 2012)
52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)
The Government may require continued performance of any services within the limitsand at the rates specified in the contract. These rates may be adjusted only as a resultof revisions to prevailing labor rates provided by the Secretary of Labor. The optionprovision may be exercised more than once, but the total extension of performancehereunder shall not exceed 6 months. The Contracting Officer may exercise the optionby written notice to the Contractor within the contract period.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to theContractor within the contract period; provided that the Government gives theContractor a preliminary written notice of its intent to extend at least 1 day beforethe contract expires. The preliminary notice does not commit the Government toan extension.
(b) If the Government exercises this option, the extended contract shall beconsidered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under
this clause, shall not exceed five years 6 months.
52.237-3 CONTINUITY OF SERVICES. (JAN 1991)
(a) The Contractor recognizes that the services under this contract are vital to theGovernment and must be continued without interruption and that, upon contractexpiration, a successor, either the Government or another contractor, maycontinue them. The Contractor agrees to -
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(1) Furnish phase-in training; and
(2) Exercise its best efforts and cooperation to effect an orderly andefficient transition to a successor.
(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnishphase-in, phase-out services for up to 90 days after this contract expires and (2)negotiate in good faith a plan with a successor to determine the nature andextent of phase-in, phase-out services required. The plan shall specify a trainingprogram and a date for transferring responsibilities for each division of workdescribed in the plan, and shall be subject to the Contracting Officer's approval.The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract aremaintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain on thejob to help the successor maintain the continuity and consistency of the servicesrequired by this contract. The Contractor also shall disclose necessary personnelrecords and allow the successor to conduct on-site interviews with theseemployees. If selected employees are agreeable to the change, the Contractorshall release them at a mutually agreeable date and negotiate transfer of theirearned fringe benefits to the successor.
(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-outcosts (iLe., costs incurred within the agreed period after contract expiration thatresult from phase-in, phase-out operations) and a fee (profit) not to exceed a prorata portion of the fee (profit) under this contract..
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENTSTATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (MAY 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)clauses, which are incorporated in this contract by reference, to implement provisions oflaw or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws
108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that theContracting Officer has indicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable to acquisitions of commercialitems: (Contracting Officer check as appropriate.)
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with
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Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
fl (2) 52.203-1 3, Contractor Code of Business Ethics and Conduct (APR 2010) (41U.S.C. 3509).
[] (3) 52.203-15, Whistleblower Protections under the American Recovery andReinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies tocontracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards(JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) (Reserved)
X (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[] (7) 52.204-1 5, Service Contract Reporting Requirements for Indefinite-DeliveryContracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting withContractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C.6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (JUL 2013) (41 U.S.C. 2313).
[] (10) (Reserved)
[] (1 1)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15U.S.C. 657a).
[] (ii) Alternate I (NOV 2011 ) of 52.219-3.
[I] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small BusinessConcerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate inits offer) (15 U.S.C. 657a).
[] (i) Alternate I (JAN 2011 ) of 52.219-4.
[] (13) (Reserved)
X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C.644).
[] (i) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.644).
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[-l(ii) Alternate I (OCT 1995) of 52.219-7.
[] (iii) Alternate Il (MAR 2004) of 52.219-7.
X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C.
637(d)(2) and (3)).
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C.637(d)(4)).
[] (i) Alternate I (OCT 2001) of 52.219-9.
U (iii) Alternate II (OCT 2001) of 52.219-9.
[1(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011 ) (15 U.S.C. 644(r)).
X (19) 52.219-14, Limitations on Subcontracting (NOV 2011 ) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.637(d)(4)(F)(i)).
[(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside(NOV 2011) (15 U.S.C. 657f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013)(15 U.S.C. 632(a)(2)).
[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-OwnedSmall Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).
[_](24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)
Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
X (26) 52.222-1 9, Child Labor-Cooperation with Authorities and Remedies (JAN 2014)(E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
X (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.793).
X (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations
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Act (DEC 2010) (E.O. 13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter
78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order12989). (Not applicable to the acquisition of commercially available off-the-shelf items orcertain other types of commercial items as prescribed in 22.1803.)
U(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable-to theacquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to theacquisition of commercially available off-the-shelf items.)
[] (36)(i) 52.223-1 3, Acquisition of EPEAT®•:-Registered Imaging Equipment (JUN 2014)(E.O.s 13423 and 13514).
f] (ii) Alternate I (JUN 2014) of 52.223-1 3.
f] (37)(i) 52.223-1 4, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s13423 and 13514).
(ii) Alternate I (JUN 2014) of 52.223-14.
f] (38) 52.223-1 5, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42
U.S.C. 8259b).
[] (39)(i) 52.223-1 6, Acquisition of EPEAT®)-Registered Personal Computer Products
(JUN 2014) (E.O.s 13423 and 13514).
[](ii) Alternate I (JUN 2014) of 52.223-1 6.
X (40) 52.223-1 8, Encouraging Contractor Policies to Ban Text Messaging While Driving(AUG 2011)
fl(41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).
[] (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014)(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note,19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate Ill (MAY 2014) of 52.225-3.
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[] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.3301 note).
X (44) 52.225-1 3, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s,proclamations, and statutes administered by the Office of Foreign Assets Control of theDepartment of the Treasury).
[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the UnitedStates (JUL 2013) (Section 862, as amended, of the National Defense Authorization Actfor Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42U.S.C. 5150).
[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area(NOV 2007) (42 U.S.C. 5150).
[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.4505, 10 U.S.C. 2307(f)).
X (50) 52.232-33, Payment by Electronic Funds Transfer-System for AwardManagement (JUL 2013) (31 U.S.C. 3332).
[] (51) 52.232-34, Payment by Electronic Funds Transfer - Other than System for AwardManagement (JUL 2013) (31 U.S.C. 3332).
[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
II (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB
2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable tocommercial services, that the Contracting Officer has indicated as being incorporated inthis contract by reference to implement provisions of law or Executive orders applicableto acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
X (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29U.S.C. 206 and 41 U.S.C. chapter 67).
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E-l (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-PriceAdjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41U.S.C. chapter 67).
[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-PriceAdjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards toContracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements(MAY 2014) (41 U.S.C. chapter 67).
[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards toContracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.13658).
[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014)(42 U.S.C. 1792).
[] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C.51 12(p)(1)).
(d) Comptroller Genera! Examination of Record. The Contractor shall comply with theprovisions of this paragraph (d) if this contract was awarded using other than sealed bid,is in excess of the simplified acquisition threshold, and does not contain the clause at52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of theComptroller General, shall ,have access to and right to examine any of the Contractor'sdirectly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,materials, and other evidence for examination, audit, or reproduction, until 3 years afterfinal payment under this contract or for any shorter period specified in FAR Subpart 4.7,Contractor Records Retention, of the other Clauses of this contract. If this contract iscompletely or partially terminated,' the records relating to the work terminated shall bemade available for 3 years after any resulting final termination settlement. Recordsrelating to appeals under the disputes clause or to litigation or the settlement of claimsarising under or relating to this contract shall be made available until such appeals,litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting proceduresand practices, and other data, regardless of type and regardless of form. This does notrequire the Contractor to create or maintain any record that the Contractor does notmaintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d)of this clause, the Contractor is not required to flow down any FAR clause, other thanthose in this paragraph (e)(1) of this paragraph in a subcontract for 'commercial items.Unless otherwise indicated below, the extent of the flow down shall be as required by the
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clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C.3509).
(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2)and (3)), in all subcontracts that offer further subcontracting opportunities. If thesubcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5million for construction of any public facility), the subcontractor must include 52.219-8 inlower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-1 7, Nondisplacement of Qualified Workers (MAY 201.4) (E.O. 13495). Flowdown required in accordance with paragraph (I) of FAR clause 52.222-1 7.
(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.793).
(viii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FARclause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(xi) -_ (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter78 and E.O. 13627).
S(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards toContracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements(MAY 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O.13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United
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States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Actfor Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FARclause 52.226-6.
(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). Flow down required in accordancewith paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor May include in its subcontracts for commercialitems a minimal number of additional clauses necessary to satisfy its contractualobligations.
52.219-17 SECTION 8(a) AWARD (DEC 1996)
(a) By execution of a contract, the Small Business Administration (SBA) agrees to thefollowing:
(1) To furnish the supplies or services set forth in the contract according to thespecifications and the terms and conditions by subcontracting with the Offeror who hasbeen determined an eligible concern pursuant to the provisions of section 8(a) of theSmall Business Act, as amended (15 U.S.C. 637(a)).
(2) Except for novation agreements and advance payments, delegates to theNuclear Regulatory Commission the responsibility for administering the contract withcomplete authority to take any action on behalf of the Government under the terms andconditions of the contract; provided, however that the contracting agency shall giveadvance notice to the SBA before it issues a final notice terminating the right of thesubcontractor to proceed with further performance, either in whole or in part, under thecontract.
(3) That payments to be made under the contract will be made directly to thesubcontractor by the contracting activity.
(4) To notify the Nuclear Regulatory Commission Contracting Officer immediatelyupon notification by the subcontractor that the owner or owners upon whom 8(a)eligibility was based plan to relinquish ownership or control of the concern.
(5) That the subcontractor awarded a subcontract hereunder shall have the right ofappeal from decisions of the cognizant Contracting Officer under the "Disputes" clauseof the subcontract.
(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalfof the SBA, fulfill and perform all of the requirements of the contract.
(c) The offerorlsubcontractor agrees that it will not subcontract the performance of anyof the requirements of this subcontract to any lower tier subcontractor without the priorwritten approval of the SBA and the cognizant Contracting Officer of the Nuclear
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Regulatory Commission.
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, includingoptions. However, the term does not include contracts that exceed five years in durationbecause the period of performance has been extended for a cumulative period not toexceed six months under the clause at 52.217-8, Option to Extend Services, or otherappropriate authority.
Small business concern means a concern, including its affiliates, that is independentlyowned and operated, not dominant in the field of operation in which it is bidding onGovernment contracts, and qualified as a small business under the criteria in 13 CFRpart 121 and the size standard in paragraph (c) of this clause. Such a concern is "notdominant in its field of operation" when it does not exercise a controlling or majorinfluence on a national basis in a kind of business activity in which a number of businessconcerns are primarily engaged. In determining whether dominance exists, considerationshall be given to all appropriate factors, including volume of business, number ofemployees, financial resources, competitive status or position, ownership or control ofmaterials, processes, patents, license agreements, facilities, sales territory, and natureof business activity.
(b) If the Contractor represented that it was a small business concern prior to award ofthis contract, the Contractor shall rerepresent its size status according to paragraph (e)of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of anyof 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 wasexecuted prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation orwithin 30 days after modification of the contract to include this clause, if the merger oracquisition occurred 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 any
option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the sizestandard in effect at the time of this rerepresentation that corresponds to the NorthAmerican Industry Classification System (NAICS) code assigned to this contract. Thesmall business size standard corresponding to this NAICS code can be found athttp://www.sba.gov/content/table-small-business-size-standards.
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(d) The small business size standard for a Contractor providing a product which it doesnot manufacture 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 forAward Management (SAM) and its other data in SAM, as necessary, to ensure that theyreflect the Contractor's current status. The Contractor shall notify the contracting office inwriting within the timeframes specified in paragraph (b) of this clause that the data havebeen validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern priorto award of this contract, the Contractor may, but is not required to, take the actionsrequired by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or doesnot have a representation in SAM for the NAICS code applicable to this contract, theContractor is required to complete the following rerepresentation and submit it to thecontracting office, along with the contract number and the date on which thererepresentation was completed:
The Contractor represents that it [ ] is, [ ]is not a small business concern under NAICSCode 561210.
[Contractor to sign and date and insert authorized signer's name and title].
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, ANDVEGETATION (APR 1984)
The Contractor shall use reasonable care to avoid damaging existing buildings,equipment, and vegetation on the Government installation. If the Contractor's failure touse reasonable care causes damage to any of this property, the Contractor shall replaceor repair the damage at no expense to the Government as the Contracting Officerdirects. If the Contractor fails or refuses to make such repair or replacement, theContractor shall be liable for the cost, which may be deducted from the contract price.
52.232-22 LIMITATION OF FUNDS (Apr 1984)
(a) The parties estimate that performance of this contract will not cost the Government
more than
(1) the estimated cost specified in the Schedule or,
(2) if this is a cost-sharing contract, the Government's share of the estimated costspecified in the Schedule.
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The Contractor agrees to use its best efforts to perform the work specified in theSchedule and all obligations under this contract within the estimated cost, which, if this isa cost-sharing contract, includes both the Government's and the Contractor's share ofthe cost.
(b) The Schedule specifies the amount presently available for payment by theGovernment and allotted to this contract, the items covered, the Government's share ofthe cost if this is a cost-sharing contract, and the period of performance it is estimatedthe allotted amount will cover. The parties contemplate that the Government will allotadditional funds incrementally to the contract up to the full estimated cost to theGovernment specified in the Schedule, exclusive of any fee. The Contractor agrees toperform, or have performed, work on the contract up to the point at which the totalamount paid and payable by the Government under the contract approximates but doesnot exceed the total amount actually allotted by the Government to the contract.
(c) The Contractor shall notify the Contracting Officer in writing whenever it has reasonto believe that the costs it expects to incur under this contract in the next 60 days, whenadded to all costs previously incurred, will exceed 75 percent of
(1) the total amount so far allotted to the contract by the Government or,
(2) if this is a cost-sharing contract, the amount then allotted to the contract by theGovernment plus the Contractor's corresponding share.
The notice shall state the estimated amount of additional funds required to continueperformance for the period specified in the Schedule.
(d) Sixty days before the end of the period specified in the Schedule, the Contractor shallnotify the Contracting Officer in writing of the estimated amount of additional funds, ifany, required to continue timely performance under the contract or for any further periodspecified in the Schedule or otherwise agreed upon, and when the funds will berequired.
(e) If, after notification, additional funds are not allotted by the end of the period specifiedin the Schedule or another agreed-upon date, upon the Contractor's written request theContracting Officer will terminate this contract on .that date in accordance with theprovisions of the Termination clause of this contract. If the Contractor estimates that thefunds available will allow it to continue to discharge its obligations beyond that date, itmay specify a later date in its request, and the Contracting Officer may terminate thiscontract on that later date.
(f) Except as required by other provisions of this contract, specifically citing and stated tobe an exception to this clause
(1) The Government is not obligated to reimburse the Contractor for costs incurred inexcess of the total amount allotted by the Government to this contract; and
(2) The Contractor is not obligated to continue performance under this contract(including actions under the Termination clause of this contract) or otherwise incur costsin excess of --
71
NRC-HQ-40-1 5-C-0007
(i) The amount then allotted to the contract by the Government or;
(ii) If this is a cost-sharing contract, the amount then allotted by the Government to thecontract plus the Contractor's corresponding share, until the Contracting Officer notifiesthe Contractor in writing that the amount allotted by the Government has been increasedand specifies an increased amount, which shall then constitute the total amount allottedby the Government to this contract.
(g) The estimated cost shall be increased to the extent that
(1) the amount allotted by the Government or,
(2) if this is a cost-sharing contract, the amount then allotted by the Government to thecontract plus the Contractor's corresponding share, exceeds the estimated costspecified in the Schedule.
If this is a cost-sharing contract, the increase shall be allocated in accordance with theformula specified in the Schedule.
(h) No notice, communication, or representation in any form other than that specified insubparagraph (f)(2) above, or from any person other than the Contracting Officer, shallaffect the amount allotted by the Government to this contract. In the absence of thespecified notice, the Government is not obligated to reimburse the Contractor for anycosts in excess of the total amount allotted by the Government to this contract, whetherincurred during the course of the contract or as a result of termination.
(i) When and to the extent that the amount allotted by the Government to the contract isincreased, any costs the Contractor incurs before the increase that are in excess of --
(1) The amount previously allotted by the Government or;
(2) If this is a cost-sharing contract, the amount previously allotted by the Government tothe contract plus the Contractor's corresponding share, shall be allowable to the sameextent as if incurred afterward, unless the Contracting Officer issues a termination orother notice and directs that the increase is solely to cover termination or other specifiedexpenses.
(j) Change orders shall not be considered an authorization to exceed the amount allottedby the Government specified in the Schedule, unless they contain a statementincreasing the amount allotted.
(k) Nothing in this clause shall affect the right of the Government to terminate thiscontract. If this contract is terminated, the Government and the Contractor shallnegotiate an equitable distribution of all property produced or purchased under thecontract, based upon the share of costs incurred by each.
(g) If the Government does not allot sufficient funds to allow completion of the work,the Contractor is entitled to a percentage of the fee specified in the Schedule equalingthe percentage of completion of the work contemplated by this contract.
72
NRC-HQ-40-1 5-0-0007
52.232-9 Availability of Funds for the Next Fiscal Year
Funds are not presently available for performance under this contract beyond theamount obligated to the contract. The Government's obligation for performance of thiscontract beyond that date is contingent upon the availability of appropriated funds fromwhich payment for contract purposes can be made. No legal liability on the part of theGovernment for any payment may arise for performance under this contract beyond thefunding obligated to the contract, until funds are made available to the ContractingOfficer for performance and until the Contractor receives notice of availability, to beconfirmed in writing by the Contracting Officer.
(End of Clause)
73
NRC-HQ-40-1 5-0-0007
SECTION J - List of Documents, Exhibits and Other Attachments
Attachment Attachment Title Number ofNumber Pages
INRC 187 2
2 SCA WD 05-2103 Rev. 16 10
74
NRC FORM 187 •.o(01-2015) "•" o•
4
U-•S. NUCLEAR REGULATORY COMMISSION
CONTRACT SECURITY AND/ORCLASSIFICATION REQUIREMENTS
U.S. NUCLEAR REGULATORY COMMISSION
1. Type of Submission 3. Contractor Company Full Name and Complete Address (Prime Contractor)
New______________________ _ '3arnAllen Technologies, Inc.
2. Type of Contract 1700 Rock-ville PikeSRockville, MD 20852
[Sole Source
4. Contract Number, IAA, Number, or Job Code for DOE Projects 5. Contract Start Date 6. Contract End Date
__ 12I215[ /0/2020
7. is this contract a follow-on contract? If Yes, provide previous Contract Number, 8. Contractor Cage Code or DOE Facility Code
9. Contract Performance Requirements
A. Will the contract require access to classified matter [-71 Yes (continue) [--"- No (if no, proceed to Black S.(information, systems, andlor material) (I.e., 32 CFR Part 2004 or MD 12.2)7 L- LJI
B. What is the highest level of classified matter the contractor will need to access to perform contract responsibilities?
Secret l Restricted Data
C. To carry out requirements of the contract, will the contractor need to possess, fl] cnne '•N i o rcedt lc ..generate, or store classified matter at the contractor facility location? L e cniu) L o(fnpoedt lc ..
D, Choose ali that apply: In regards to classified matter, the contractor will require:
D-' 1) Access to Foreign Inteliligence Information D 2) Receipt and storage (ILe., safeguarding) of classified matter
D 3) Access to cryptographic material or [12 4) Access to classified matter or information processed byother classilfied COMSEC information another agency
D• 5) Use of a classified information technology F7 6) Generation of classified at Contractor facility iocation
processing system I
--- 7) Generation of classified matter at an NRC facility
E. Will the contractor require access to Safeguards Information or Safeguards Information - Modified Handling FT- FInformation (i.e., 10 CFR 73.21, 73.22, andlor 73.23)? L Yes . No
F. Will the contractor possess, generate, or store SGi or 90I-U at the contractor facility? Yes - No
0. Will the contractor require access to any Sensitive Unclassified Non-Safeguards Information (SUNSI) or sensltiveo
information technology (iT) Systems (i.e., MD 12.6)? Li Yes [• NO
H. Willonacr faiiythe contractor possess, generate, or store SUNSI or have access to NRC sensitive IT systems at the r-1e •]N
I. Was, "Yes" checked to Block S.A., Block S.C., Block 9.E., or Block S.F.? r-i(If "Yes", then a Facility Clearance is required to be issued for the contractor and any known sub-contractors by the LU Yes LiNoFacilities Security Branch before final contract award and before work can begin on the contract.)
J. Choose all that appiy:
•]1) Unescorted Access is required to Nuclear Power Plants. 71 5) Requlre operation of government vehicles or transport
•- A•~ss is required to Unclassified Safeguards Information. [] 6) Will operate hazardous equipment at NRC facilities.
I V.] ;•..• s is required to Sensitive IT Systems and Data. 7) Required to carry firearms.
7 4) Unescorted Access to NRC Headquarters Building. 8) Found to use or admit to use of illegal drugs.
NRC FORM 187({01-2010) Page 1 of 5
Im
NRC FORM "187 "-CONTRACT SECURITY AND/OR U.S. NUCLEAR REGULATORY COMMISSION(01-2015) E URM N S C niudNRCMO 12 CLASSIFICATION R Q IE E T C niud
10. Classification Guidance (to be completed by the COR)
Classification Guides are as follows:
MD 3.23 Mail ManagementMD ]2.7 NRC Safeguards Information Security Program
MD 12.2 NRC Classified Information Security Program
Procedures for Recognizing and Handling Suspicious Mail, December 2014
11. Does this contract contain any subcontractors? U r No-if "No", Leave area blank. (Note: it is the responsibility of the COR to notify FSB if the contractor adds a subcontractor to the k_ Yes .JNcontract during the execution of the contract. The sub-contractors may require a tacility clearance before work can be allowed).
Subcontractor Company name, address and Defense Security Service cage code. (if applicable)
To be determined through discussions.
12. Review of contractor/subcontractor reports, documents for classlfied, SGI, SGI-M, and/or SUNSI will be reviewed by:
Typed or Printed Name and Title of Authorized Classifier
13. Required Distribution of NRC Form 187 for Review (Check all appropriate boxes)
- 1) Originating NRC office or Division (Item 14A.) - 31 Division of Contracts andPrpryMngm t(tm1C.
W 2) Division of Facilities and Security (item 14B.)
•. • • . - .. .. :14•. Approvals "
A. Typed or Printed Name of Director, Office or Division .. ." Si nature Dat
Kimberly Ferrell (Acting Director) Office of Administrative Services, ADM "- " {
WD_05-2103 .txtWD 05-2103 (Rev.-16) was first posted on www.wdol.gov on 07/14/2015
REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF LABORTHE SERVICE CONTRACT ACT IEMPLOYMENT STANDARDS ADMINISTRATION
By direction of the secretary of Labor IWAGE AND HOUR DIVISIONWASHINGTON D.C. 20210
IWage Determination No.: 2005-2103Daniel W. Simms Division of IRevision No.: 16Director Wage Determinationsi Date of Revision: 07/08/2015
Note: Executive order (EO) 13658 establishes an hourly minimum wage of $10.10for 2015 that applies to all contracts subject to the service contract Act forwhich the solicitation is issued on or after January 1, 2015. If this contractis covered by the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least $10.10 (or theapplicable wage rate listed on this wage determination, if it is higher) forall hours spent performing on the contract. The EO minimum wage rate will beadjusted annually. Additlonal information on contractor requirements andworker protections under the EO is available at www.dol.gov/whd/govcontracts.
states: District of columbia, Maryland, virginia
Area: District of columbia StatewideMaryland Counties of Calvert, charles, Frederick, Montgomery, PrinceGeorg.e'.s, St Mary'svirginia Counties of Alexandria, Arlington, Fairfax, Falls Church, Fauquier,King George, Loudoun, Prince william, stafford
**Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And clerical occupations
01011 - Accounting clerk I 15.0801012 - Accounting clerk II 16.9201013 -Accounting clerk III 22.3001020 - Administrative Assistant 31.4101040 - Court Reporter 21.8401051 - Data Entry Operator I 14.3801052 - Data Entry Operator II 15.6901060 - Dispatcher, Motor vehicle 17.8701070 - Document Preparation Clerk 14.2101090 - Duplicating Machine Operator 14.2101111 - General clerk I 14.8801112 - General Clerk II 16.2401113 - General clerk III 18.7401120 - Housing Referral Assistant 25.2901141 - Messenger Courier 13.6201191 - order Clerk I 15.1201192 - order clerk II 16.5001261 - Personnel Assistant (Employment) I 18.1501262 - Personnel Assistant (Employment) II 20.3201263 - Personnel Assistant (Employment) III 22.6501270 - Production control clerk 22.0301280 - Receptionist 14.4301290 - Rental clerk 16.5501300 - scheduler, Maintenance 18.0701311 - Secretary I 18.0701312 - Secretary II 20.1801313 - Secretary III 25.2901320 - Service order Dispatcher 16.9801410 - Supply Technician 28.55
Page 1
• ~WD_05- 2103 .txt01420 - survey worker 20.0301531 - Travel clerk I 13.2901532 - Travel clerk II 14.3601533- Travel Clerk III 15.4901611 - Word Processor I 15.6301612 - word Processor IT 17.6701613 -word Processor III 19.95
05000 - Automotive Service Occupations05005 -Automobile Body Repairer, Fiberglass 25.2605010 - Automotive Electrician 23.5105040 -Automotive Glass Installer 22.1505070 - Automotive worker 22.1505110 - Mobile Equipment Servicer 19.0405130 - Motor Equipment Metal Mechanic 24.7805160 - Motor Equipment Metal Worker 22.1505190 - Motor vehicle Mechanic 24.7805220 -Motor vehicle Mechanic Helper 18.4905250 - Motor vehicle upholstery Worker 21.6305280 - Motor vehicle wrecker 22.1505310 - Painter, Automotive 23.5105340 - Radiator Repair Specialist 22.1505370 - Tire Repairer 14.4405400 - Transmission Repair Specialist 24.78
07000 - Food Preparation And Service Occupations07010 - Baker 13.8507041 - Cook I 12.5507042 - cook II 14.6007070 - Dishwasher 10.1107130 - Food Service worker 10.6607210 - Meat Cutter 18.0807260 - Waiter/Waitress 9.70
09000 - Furniture Maintenance And Repair Occupations09010 - Electrostatic Spray Painter 19.8609040 - Furniture Handler 14.0609080 - Furniture Refinisher 20.2309090 - Furniture Refinisher Helper 15.5209110 - Furniture Repairer, Minor 17.9409130 - upholsterer 19.86
11000 - General Services And Support Occupations11030 - Cleaner, vehicles 10.5411060 -Elevator Operator 10.5411090 - Gardener 17.5211122 - Housekeeping Aide 11.8311150 - Janitor 11.8311210 - Laborer, Grounds Maintenance 13.0711240 - Maid or Houseman 11.2611260 - Pruner 11.5811270 - Tractor Operator 16.0411330 - Trail Maintenance Worker 13.0711360 - window cleaner 12.85
12000 - Health Occupations12010 - Ambulance Driver 20.4112011 - Breath Alcohol Technician 20.2712012 - Certified occupational Therapist Assistant 23.1112015 -certified Physical Therapist Assistant 21.4312020 - Dental Assistant 17.1812025 -Dental Hygienist 44.7512030 -EKG Techni cian 27.6712035 -E1lectroneurodi agnostic Technologist 27.6712040 - Emergency Medical Technician 20.4112071 - Licensed Practical Nurse I 19.0712072 - Licensed Practical Nurse II 21.3512073 - Licensed Practical Nurse III 24.13
Page 2
WD_05-2103 .txt12100 - Medical Assistant 15.0112130 - Medical Laboratory Technician 18.0412160 - Medical Record clerk 17.4212190 - Medical Record Technician 19.5012195 - Medical Transcriptionist 18.7712210 - Nuclear Medicine Technologist 37.6012221 - Nursing Assistant I 10.8012222 - Nursing Assistant II 12.1412223 - Nursing Assistant III 13.9812224 - Nursing Assistant IV 15.6912235 - Optical Dispenser 20.1712236 -optical Technician 15.8012250 -Pharmacy Technician 18.1212280 - Phlebotomist 15.6912305 - Radiologic Technologist 31.1112311 - Registered Nurse I 27.6412312 - Registered Nurse II 33.4412313 -Registered Nurse II, Specialist 33.4412314 - Registered Nurse III 40.1312315 - Registered Nurse III, Anesthetist 40.1312316 - Registered Nurse IV 48.1012317 -scheduler (Drug and Alcohol Testing) 21.73
13000 - Information And Arts Occupations13011 - Exhibits Specialist I 19.8613012 - Exhibits Speciali st II 24.6113013 - Exhibits Specialist III 30.0913041 - Illustrator I 20.4813042 - Illustrator II 25.3813043 - Illustrator III 31.0313047 - Librarian 33.8813050 - Library Aide/Clerk 14.2113054 - Library Information Technology Systems 30.60Admi ni strator13058 - Library Technician 19.8913061 - Media Specialist I 18.7313062 - Media Specialist II 20.9513063 - Media Specialist III 23.3613071 - Photographer I 16.6513072 - Photographer II 18.9013073 - Photographer III 23.6713074 - Photographer IV 28.6513075 - Photographer V 33.7613110 -video Tel econference Technician 20.39
14000 - Information Technology occupations14041 - computer Operator I 18.9214042 - computer Operator II 21.1814043 - computer Operator III 23.6014044 - computer Operator IV 26.2214045 - computer Operator v 29.0514071 - computer Programmer I (see 1) 26.3614072 - Computer Programmer II (see 1)14073 - computer Programmer III (see 1)14074 - computer Programmer IV (see 1)14101 - computer Systems Analyst I (see 1)14102 - Computer Systems Analyst II (see 1)14103 - Computer Systems Analyst III (see 1)14150 -Peripheral Equipment Operator 18.9214160 - Personal Computer Support Technician 26.22
15000 - Instructional Occupations15010 - Aircrew Training Devices Instructor (Non-Rated) 36.4715020 - Aircrew Training Devices Instructor (Rated) 44.0615030 - Air crew Training Devices Instructor (Pilot) 52.8115050 - Computer Based Training Specialist / Instructor 36.47
Page 3
WD_05-2103 .txt15060 - Educational Technologist 35.3115070 -Flight Instructor (Pilot) 52.8115080 - Graphic Artist 26.8015090 -Technical Instructor 25.0815095 - Technical Instructor/Course Developer 30.6715110 - Test Proctor 20.2015120 - Tutor 20.20
16000 - Laundry, Dry-Cleaning, Pressing And Related occupations16010 - Assembler 9.8816030 - counter Attendant 9.8816040 - Dry Cleaner 12. 94'16070 - Finisher, Flatwork, Machine 9.8816090 - Presser, Hand 9.8816110 - Presser, Machine, Drycleaning 9.8816130 - Presser, Machine, Shirts 9.8816160 - Presser, Machine, Wearing Apparel, Laundry 9.8816190 - sewing Machine Operator 13.7816220 - Tailor 14.6616250 - washer, Machine 10.88
19000 - Machine Tool Operation And Repair Occupations19010 - Machine-Tool operator (Tool Room) 21.1419040 - Tool And Die Maker 23.38
21000 - Materials Handling And Packing occupations21020 - Forklift Operator 18.0221030 - Material coordinator 22.0321040 - Material Expediter 22.0321050 - Material Handling Laborer 13.8321071 - Order Filler 15.0921080 - Production Line Worker (Food Processing) 18.0221110 - Shipping Packer 15.0921130 - Shipping/Receiving clerk 15.0921140 - store worker I 11.7221150 - stock clerk 16.8621210 - Tools And Parts Attendant 18.0221410 - Warehouse Specialist 18.02
23000 - Mechanics And Maintenance And Repair Occupations23010 - Aerospace Structural welder 27.2123021 - Aircraft Mechanic I 25.8323022 - Aircraft Mechanic II 27.2123023 - Aircraft Mechanic III 28.5323040 - Aircraft Mechanic Helper 17.5423050 - Aircraft, Painter 24.7323060 - Aircraft Servicer 19.7623080 - Aircraft worker 21.0123110 - Appliance Mechanic 21.7523120 - Bicycle Repairer 14.4323125 -Cable splicer 26.0223130 - carpenter, Maintenance 21.4023140 - Carpet Layer 20.4923160 - Electrician, Maintenance 27.9823181 - Electronics Technician Maintenance I 24.9423182 - Electronics Technician Maintenance II 26.4723183 - Electronics Technician Maintenance III 27.8923260 - Fabric worker 19.1323290 - Fire Alarm System Mechanic 22.9123310 - Fire Extinguisher Repai~rer 17.6223311 -Fuel Distribution System Mechanic 22.8123312 - Fuel Distribution system operator 19.3823370 - General Maintenance Worker 21.4323380 - Ground Support Equipment Mechanic 25.8323381 - Ground Support Equipment Servicer 19.7623382 - Ground Support Equipment Worker 21.0123391 - Gunsmith I 17.62
Page 4
WD_05-2103 .txt23392 - Gunsmith II 20.4923393 - Gunsmith III 22.9123410 - Heating, Ventilation And Air-Conditioning 23.89Mechanic23411 - Heating, Ventilation And Air Contditioning 25.17Mechanic (Research Facility)23430 - Heavy Equipment Mechanic 22.9123440 - Heavy Equipment Operator 22.9123460 - Instrument Mechanic 22.5923465 - Laboratory/shelter Mechanic 21.7523470 - Laborer 14.9823510 - Locksmith 21.9023530 - Machinery Maintenance Mechanic 23.1223550 - Machinist, Maintenance 22.9123580 - Maintenance Trades Helper 18.2723591 - Metrology Technician I 22.5923592 - Metrology Technician II 23.8023593 - Metrology Technician III 24.9623640 - Millwright 28.1923710 - office Appliance Repairer 22.9623760 - Painter, Maintenance 21.7523790 - Pipefitter, Maintenance 24.6323810 - Plumber, Maintenance 22.2923820 - Pneudraulic Systems Mechanic 22.9123850 - Rigger 22.9123870 - Scale Mechanic 20.4923890 - Sheet-Metal worker, Maintenance 22.9123910 - Small Engine Mechanic 20.4923931 - Telecommunications Mechanic I 29.9523932 - Telecommunications Mechanic II 31.5523950 - Telephone Lineman 27.4123960 - welder, combination, Maintenance 22.9123965 - well Driller 22.9123970 - woodcraft worker 22.9123980 - woodworker 17.62
24000 - Personal Needs Occupations24570 - child care Attendant 12.7924580 - child care center clerk 17.7724610 - Chore Aide 10.5724620 - Family Readiness And Support Services 16.90Coordi nator24630 - Homemaker 18.43
25000 - Plant And System Operations Occupations25010 - Boiler Tender 27.3025040 - Sewage Plant Operator 20.8425070 - Stationary Engineer 27.3025190 - Ventilation Equipment Tender 19.4925210 - Water Treatment Plant Operator 20.84
27000 - Protective Service Occupations27004 - Alarm Monitor 20.5727007 - Baggage Inspector 12.7127008 - Corrections officer 22.8027010 - Court Security officer 24.7227030 - Detection Dog Handler 20.5727040 - Detention officer 22.8027070 -Firefighter 24.6327101 - Guard I 12.7127102 -Guard II 20.5727131 - Police officer I 26.5227132 - Police officer II 29.67
28000 - Recreation Occupations28041 - Carnival Equipment Operator 13.5928042 - Carnival Equipment Repairer 14.63
Page 5
WD 05-2103 .txt28043 - Carnival Equpment worker 9.2428210 - Gate Attendant/Gate Tender 13.0128310 -Lifeguard 11.5928350 - Park Attendant (Aide) 14.5628510 -Recreation Aide/Health Facility Attendant 10.6228515 -Recreation Specialist 18.0428630 -Sports official 11.5928690 -Swimming Pool Operator 18.21
29000 - Stevedoring/Longshoremen occupational Services29010 - Blocker And Bracer 23.1329020 - Hatch Tender 23.1329030 - Line Handler 23.1329041 - stevedore I 21.3129042 - stevedore IT 24.24
30000 - Technical Occupations30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 39.9230011 - Air Traffic Control Specialist, Station (HFO) (see 2) 26.8430012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 29.5630021 - Archeological Technician I 20.1930022 - Archeological Technician II 22.6030023 - Archeological Technician III 27.9830030 - cartographic Technician 27.9830040 - civil Engineering Technician 26.4130061 - Drafter/CAD Operator I 20.1930062 - Drafter/CAD Operator IT 22.6030063 - Drafter/CAD Operator iIi 25.1930064 - Drafter/CAD Operator IV 31.0030081 - Engineering Technician I 22.9230082 - Engineering Technician TI 25.7230083 - Engi neeri ng Techni ci an ITT 28.7930084 - Engineering Technician TV 35.6430085 - Engineering Technician V 43.6130086 - Engineering Technician VI 52.7630090 - Environmental Technician 27.4130210 - Laboratory Technician 23.3830240 - Mathematical Technician 28.9430361 - Paralegal/Legal Assistant I 21.3630362 -Paralegal/Legal Assistant IT 26.4730363 - Paralegal/Legal Assistant ITT 32.3630364 -Paralegal/Legal Assistant IV 39.1630390 - Photo-optics Technician 27.9830461 - Technical writer I 21.9330462 - Technical writer IT 26.8430463 - Technical Writer ITI 32.4730491 - Unexploded ordnance (uxo) Technician I 24.7430492 - Unexploded ordnance (uxo) Technician II 29.9330493 - unexploded ordnance (uxo) Technician III 35.8830494 - unexploded (uxo) safety Escort 24.7430495 - unexploded (uxo) sweep Personnel 24.7430620 -weather observer, combined upper Air Or (see 2) 25.19surface Programs30621 - weather observer, senior (see 2) 27.98
31000 - Transportation/Mobile Equipment Operation Occupations31020 - Bus Aide 14.3231030 - BUS Driver 20.8531043 - Driver Courier 13.9831260 - Parking and Lot Attendant 10.0731290 - shuttle Bus Driver 15.6631310 - Taxi Driver 13.9831361 - Truckdriver, Light 15.6631362 -Truckdriver, Medium 17.9031363 - Truckdriver, Heavy 19.1831364 - Truckdriver, Tractor-Trailer 19.18
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WD_05-2103 .txt99000 - Miscellaneous Occupations99030 - Cashier 10.0399050 - Desk clerk 11.5899095 - Embalmer 23.0599251 - Laboratory Animal caretaker I 11.3099252 - Laboratory Animal caretaker II 12.3599310 - Mortician 31.7399410 - Pest Controller 17.6999510 - Photofinishing Worker 13.2099710 - Recycling Laborer 18.5099711 - Recycling Specialist 22.7199730 - Refuse collector 16.4099810 - Sales clerk 12.0999820 - school crossing Guard 13.4399830 - Survey Party Chief 21.9499831 - Surveying Aide 13.6399832 - Surveying Technician 20.8599840 - Vending Machine Attendant 14.4399841 - vending Machine Repairer 18.7399842 - vending Machine Repairer Helper 14.43
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of serviceincludes the whole span of continuous service with the present contractor orsuccessor, wherever employed, and with the predecessor contractors in theperformance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin LutherKing Jr's Birthday, washington's Birthday, Memorial Day, Independence Day, LaborDay, columbus Day, Veterans' Day, Thanksgiving Day, and christmas Day. (Acontractor may substitute for any of the named holidays another day off with pay inaccordance with a plan communicated to the employees involved.) (see 29 CFR 4174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination doesnot apply to any employee who individually qualifies as a bona fide executive,administrative, or professional employee as defined in 29 C.F.R. Part 541. Becausemost Computer System Analysts and computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer systems Analyst or Computer Programmeroccupations for which this wage determination does not specify an SCA wage rate,then the wage rate for that employee must be conformed in accordance with theconformance procedures described in the conformance note included on this wagedetermination.
Page 7
WDo05-2103 .txtAdditionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of:
(1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspeci fi cations ;
(2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541. 400).
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and sunday is part of yourregularly scheduled workweek, you are paid at your rate of basic pay plus a sundaypremium of 25% of your basic rate for each hour of sunday work which is not overtime(i.e. occasional work on sunday outside the normal tour of duty is consideredovertime work).
HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employeesemployed in a position that represents a high degree of hazard when working with orin close proximity to ordinance, explosives, and incendiary materials. Thisincludes work such as screening, blending, dying, mixing, and pressing of sensitiveordance, explosives, and pyrotechnic compositions such as lead azide, black powderand photoflash powder. All dry-house activities involving propellants orexplosives.
Demilitarization, modification, renovation, demolition, and maintenance operationson sensitive ordnance, explosives and incendiary materials. All operationsinvolving regrading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee engaged in the operation, irritation of the skin, minor burns and thelike; minimal damage to immediate or adjacent work area or equipment being used.All operations involving, unloading, storage, and hauling of ordance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordance, explosives, and incendiary material differential pay.
**UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract(either by the terms of the Government contract, by the employer, by the state orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:
The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where unif~orm cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargaining
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WD_05-2103 .txtagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof the Government contract, by the contractor, by law, or by the nature of the work,there is no requirement that employees be reimbursed for uniform maintenance costs.
The duties of employees under job titles listed are those described in the"service contract Act Directory of Occupations", Fifth Edition, April 2006,unless otherwise i ndi cated, copies of the Di rectory are available on the Internet. Alinks to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the wage Determinations On-Line (WDOL) Web site athttp ://wdol . gov/.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {standard Form
1444 (SF 1444)}
conformance Process:
The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i .e. , appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. suchconformed classes of employees shall be paid the monetary wages and furnished thefringe benefits as are determined. such conforming process shall be initiated bythe contractor prior to the performance of contract work by such unlisted class(es)of employees. The conformed classification, wage rate, and/or fringe benefits shallbe retroactive to the commencement date of the contract. {See section 4.6 (C)(vi)}when multiple wage determinations are included in a contract, a separate SF 1444should be prepared for each wage determination to which a class(es) is to beconformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformedoccupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in orderproposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.
3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to the wageand Hour Division, Employment Standards Administration, U.S. Department of Labor,for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).
4) within 30 days of receipt, the wage and Hour Division approves, modifies, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.
5) The contracting officer transmits the wage and Hour decision to the contractor.Page 9
WD_05-2103 .txt
6) The contractor informs the affected employees.Information required by the Regulations must be submitted on SF .1444 or bond paper.
When preparing a conformance request, the "service contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed in thewage determination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination.
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