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SOLICITATIONICONTRACTORDER FOR COMMERCIAL ITEMS . RUImNO.PAGE: lOp 61
OFFEROR TO UCOMPLETE .BLOCKS 12,17, 23,24, &303-1-010-22-20,09
2. CONTRACT N. 3. AWARD/EFFECTIVEDATE 4. ORDER NO. '. SOLICITATION NUMBER:. e. SLICITATION ISSUE DATE
NRC-38-10-'703 08-02-2010 "R-5.38m-10-703
7. FOR SOLICITATION .. NAME ". TELEPHONE NO.. (No 0Coed C6113) 8. OFFER OUE.DATFJLDCAL
INFORMATION CALL: TINE
9. ISSUED BY CODE 310 0 1) " ,10. THISACQUISITION IS.
U.S. Nuclear Regulatory Commission • UNRESTRICTED OR D SETASIDE: % FORDiv. of Contra..ts.D SMALL BUSINESS D EMERGING SMALLAttn: Monique B. Williams SMALL BUSINESS
Mail stop, .TWB-01lBIOM HU"ZON SMALLWashington, DC 20555 :.C; BUSINESS
SIZVSTANDARD.OSABLEDVTRAN-. 8(A)OWE SMLUSINS
11. DELIVERY FORFCO DESTINA- 12. DISCOUNT TERMSTIONUNLESS BLOCK IS13 HSCNMARKED ATIAN/MARKED : : iRATEDO RDER UNDER•"
D7 SEIESCHEDULE DA-1CR70 4AEHOF ~rTO
-15. DELIVER TO .ODE 16. ADMNISTERED BY COCE 131:O0
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommissionTechnical Training Center Div. of ContractsOsborne Office Center Mail Stop: TWB-01-B-OM5746 Marlin RoadChattanooga TN 37411-5677 Washington, DC 20555
17a. CONTRACTOR/OFFER OR CODE IFACIITY CODE~ `18.. PAYMENT WILL BE-MAoE myCOE20
CORYS THUNDER, INC. Department of Interior /.NBC
NRCPayment snbc. goyAttn; Fiscal Services Branch 7 D2770
107 INDUSTRIAL DR STE E 7301 W. Mansfield'AvenueDenver, LO 80235-2230
SAINT MARYS.GA 315584436TELEPHONE NO. 912-729-1502
165b. SUMIJT INVOICES TOADDRESS SHOWN IN BLOCKAiBs UNLESSBLOCK BELOW IS CHECKED
[] 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SEE ADDENDUM
19- 20. 21. 22. 23: 24.ITEM NO. SCHEDULE OF SUPPLIES/SERVIQES QUANTITY UNIT UNIT PRICE AMOUNT
in accordance with Corys Thunder initial proposal dated,1/5/2010 and revisions dated 4/2/2010 and 5/10/2010, theContractor shall provide the necess-ary: management,supervision, qualified staff and TeChnnical equipment •necessary to provide the "New Reactor Control Room Simulatorand Westinghouse Upgrade" as described in the Statement ofwork (see Section .B.6) at the Prices Specified :in:the Trice/Cost Schedule (see Section 9.5) .DUNS Number: 362767100
NRC Project Officer: James Griffiný 423-855-515:
(Use Reoeme rnd/or AftLch AddItIoe.l She., ei Neceswy)
2. ACCOUNTING AND APP-ROPRIATION DATA 26. TOTAL AWARD AMOUNT(Fo'.GOvt Use Only)
0-8415-171114, X8456, 3142, 31X0200 $ Sl.705,669.00Amount Obligated: $i,705,669.00 "175'6'0
Fj] 27a, SOUICITATION INCORPORATES BY REFERENCE FAR 57-212-1, 52.2124. F TAR 52.1212 1-3 AND: 52,212-5 ARE ATTACHED. AD .DIE NDA F]ARE IDARE NOTATTACHED,
25. CONTRAVTiPURCI-ASE ORDEýRItCORFORATeSB YREFERENCE FAýR.52212-4. FAR 5ýý2.212d SATACHED. ADDENDA, E]ARE E] AmE NOTATTACHED
JXJ 2B. CONTRACTOR, S REQUIRED TO SIGN THIS DOCUME TAND RETURN- 02 Li 29.AWARD.OF CONTRACT: REF, _ _"_ _ OFFERCOPIESTO ISSUING OFFICE. CONTRACTORKAGREES TO FURNISH AND DATED... . YOUROFFSERONSOLICITATIONDELIVER AUL. TEM. SET FORTH OR OTHERWiSk IDENTIFIED ABOVE AND ON ANY (BLOGK 4). INCLUING ANYADDITIONS OR CHANGES WHICH AREADDITIONAL SHEETS SUBJECT.TO.THE TERMS AND CONDITIONS SPECIFIED SET FORTHHEREI••rINI'SACEI 810:ITES:
302. SIGNATURE OF , NIRACTOR 31. UNITED STA 0 AME ISNA O!F CONTRAcTINO OFFICER)
305. oF SIl•ER (TMPS OR PR/NT) A I 30 . DATTE SIGNED ... 3 I 'NTFACTI FFICi('FEE OR .31. DATI Sbegi umpae7 0(- L, v '0tra.tinooOfficer
AUTRORIZUEDFOR LOCAL EPROE"UCTIONPREVIOUS EDITION IS NOT USABLE I •-•_
STANDARD FORM 1449. (REV. •OO6)/P66ý&Ibtd WG& SE- FAR (40 CFR) 63.2t*0
SUNSI REVIEW C PLETEIMPUTE - A8001 AUG 04 2010
Table of Contents
S E C T IO N A ........................................................................................................................................ I
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS ................. 1
SECTION B - CONTINUATION BLOCK ................................................. Error! Bookmark not defined.
B .1 P R O JE C T T IT LE ................................................................................................................. 4B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) ............................................................. 2B.3 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE (JUN 1988) ............................B.4 CONSIDERATION AND OBLIGATION-COST REIMBURSEMENT (JUN 1988) .................B.5 PR IC E/CO ST SC HEDULE .............................................................................................. 4B.6 STATEM ENT O F W O R K ................................................................................................. 4B .7 D E L IV E R A B E S ...................................................................................................................... 19B.8 PLACE OF DELIVERY--EQUIPMENT ............................................................................ 20
SECTION C - CONTRACT CLAUSES ......................................................................................... 20
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAR 2009) ..21C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE O RDERS (AUG 2009) ...................................................................... 26C.3 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE ........................... 31C.4 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR.31C.5 DURATION OF CONTRACT PERIOD (MAR 1987) ALTERNATE 2 (MAR 1987) ........... 31C.6 MAINTENANCE REQUIREMENTS (ADP SYSTEM/EQUIPMENT) (MAR 1987) ............ 29C.7 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY (JANUARY 2001) ................. 32C.8 REPLACEMENT PART AVAILABILITY (ADPE) (MAR 1987) ....................................... 32C.9 CERTIFICATE OF MAINTAINABILITY ........................................................................... 32C.10 STANDARD OF PERFORMANCE AND ACCEPTANCE OF EQUIPMENT ................. 33C .1 1 A C C E P T A N C E ............................................................................................................... 33C.12 WARRANTY ........ ............................................. 33C.13 NOTICE AND CERTIFICATIONS ................................................................... 35C.14 SECURITY REQUIREMENTS ...................................................................... 36C.15 SECURITY REQUIREMENT FOR INFORMATION TECHNOLOGY LEVEL I OR II ....... 39C.16 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST(JA N 19 9 3 ) ................................................................................................... 4 1C.17 2052.211-71 TECHNICAL PROGRESS REPORT (JAN 1993) .................................. 44C.18 2052.215-70 KEY PERSONNEL (JAN 1993) ............................................................. 42C19 PROJECT OFFICER AUTHORITY ALTERNATE 2 (FEBRUARY 2004) ....................... 43C.20 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT -ALTERNATE 1 (OCT
1 9 9 9 ) ............................................................................................................................... 4 3C .2 1 S E A T B E LT S .................................................................................................................. 4 6C.22 COMPLIANCE WITH U.S. IMMIGRATIONLAWS AND REGULATIONS ................. 46
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, ORA TTA C H M EN TS .......................................................................................... 47
1
SECTION B - CONTINUATION BLOCK
B.1 PROJECT TITLE
The title of this project is as follows:
"New Reactor Control Room Simulator and Westinghouse Upgrade"
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
The overall objective of this procurement is to improve the computer technology used in the Westinghousesimulator; improve the maintainability of the Westinghouse simulator; improve the reactor core and reactorthermal-hydraulic system models; install hardware and software to interface with control benchboards, providedigital control room hardware and provide a digital control room for the simulator that is similar to the distributedcontrol systems (DCS) anticipated to be used in new reactor plants.
B.3 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE (JUN 1988)
The total price of this contract (ceiling) for the products/services ordered, delivered, and accepted underthis contract is $2,012,669 which covers the base period and options; of which $1,705,669 is obligated at thetime of award. The optional tasks totaling $307,000 will be funded at a later time.
The total amount authorized for the base period of performance is $1,705,669, which is comprised of$1,680,669 for the firm fixed price portion and $25,000 for the cost reimbursable line items which covers the servicesoutlined in Section B.5 Price/Cost Schedule.
B.4 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT (JUN 1988)
The total estimated cost to the Government for full performance under this contract is $25,000 for the baseperiod to cover the Travel and Other Direct Costs Line Items. The contractor is required to submit actual invoices andreceipts in order to be reimbursed for airfare and hotel accommodations. The government will pay up to the ratesspecified in the Government Travel Regulations (FTR).
The amount obligated by the Government with respect to this contract is $25,000.
2
B.5 PRICE/COST SCHEDULE
BASE YEAR: (Period of Performance: Twelve months from Date of Award)qn--M,,M Ný4.r -ýJ'tKvý -- v,
'jc'aMitgg %
DESA ~ T'TA 2 ;ý ,
!UNITRý! PRwEICE 1 O9tl;N; j7ý
001
002
003
004
005
006
007
008
009
010
011
012
013
FIXED PRICE LINE ITEMS
TASK 1- Establish a Simulator Baseline
Task 2 - Provide New Computer Systems
Task 3 - Provide Simulator Executive and Development System Software
Task 4 - Convert/Recompile Existing Model Software & Initial Conditions
Task 5 - Provide Replacement Instructor Station
Task 6 - Provide Replacement Process Computer System
Task 7 - Install Hardware and Software to Interface with Control Benchboards
Task 8 - Training
Task 9 - Software Licensing, Hardware and Software (12-months)
Task 10 - Distributed Control System (Hardware)
Task 11 - Distributed Control System (DCS Software)
Task 12- Replacement Thermal Hydraulic Model
Task 13 - Replacement Reactor Core Model
TOTAL FIRM FIXED PRICE
LOT
LOT
LOT
LOT
LOT
LOT
LOT
LOT
LOT
LOT
LOT
LOT
LOT
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 1,680,669
Travel Costs - The government will pay up to therates specified in the Government Federal Travel Regulations (FTR) fortravel destinations. Hotel reservations will be made by the contractor andwill be reimbursed for actual costs only, with back up documentation/receipts
attached to the invoice.
Other Direct Costs
TOTAL COST REIMBURSEMENT PRICE:TOTAL PRICE FOR BASE YEAR:
LOT 1$ $
LOT 1$
$ ,$ 1,705,
3
OPTION YEAR 2: (Period of Performance: Twelve months from Date of Award)
FIXED PRICE LINE ITEMS
017 Software Maintenance and Offsite Archival Storage hrs. $! $
TOTAL PRICE OPTION YEAR TWO: _ $ 18,500
FIXED PRICE LINE ITEMS
018 Software Maintenance and Offsite Archival Storage
TOTAL PRICE OPTION YEAR THREE:
h rs.5.
OPTION YEAR 4: (Period of Performance: Twelve months from Date of Award).E"T, ! ,,.1FIXED PRICE LINE ITEMS
019 Software Maintenance and Offsite Archival Storage hrs. $ $
TOTAL PRICE OPTION YEAR FOUR: $ 135,000
TOTAL PRICE FOR OPTIONS:GRAND TOTAL BASE YEAR AND OPTION YEARS:
$307,000.00$2,012,669.00
4
B.6 STATEMENT OF WORK
New Reactor Control Room Simulator andWestinghouse Upgrade
1.0 PURPOSE
The Office of Human Resources, Associate Directorate of Human Resources Training and Development, requires the.development of digital control rooms like those anticipated to be used in new reactor plants and the re-host of theWestinghouse full-scope control room simulator from its current computer systems to computer systems utilizingcurrent, industry-standard processor technology.
2.0 BACKGROUND
The U.S. Nuclear Regulatory Commission (NRC) currently has four full-scope control room simulators replicating theBabcock & Wilcox, General Electric, Combustion Engineering and Westinghouse reactor designs installed at theTechnical Training Center (TTC) in Chattanooga, Tennessee.
The Westinghouse simulator was designed and constructed by Westinghouse and was delivered to Pacific Gas andElectric in 1985. It simdlates the now-shutdown Trojan nuclear power plant. The simulator was delivered to the NRC&-in 1996 with two Compro 32/9780 computer systems, a DEC MicroVAX, and a network of Sun Three workstations. Inthe ensuing years, the NRC simulator engineers have replaced several of the systems originally supplied with newertechnology.
The Westinghouse simulator currently utilizes two Compro RSX computer systems interconnected with ComproReflective Memory and running the Compro Mapped Program Executive (MPX)-3.4 operating system as the mainsimulation computers. The instructor station currently runs on a DEC Alpha-processor based computer, displaying viaX-windows on two CRTs connected to a Sun workstation. The simulated process computer, designed by ScienceApplications International Corporation (SAIC), runs on a DEC MicroVAX system, displaying on 10 screens, each ofwhich is connected to a DOS-based industrial computer.
All of the above-referenced computer systems are obsolete and no longer in production, nor are any follow-onsystems in production. Replacement parts and repair services for these obsolete systems have become difficult toobtain, and the pool of qualified engineers with detailed knowledge of the operation and maintenance of the systemshas become very limited.
3.0 OBJECTIVE
The contractor shall provide the necessary management, supervision, qualified staff, administrative and technicalequipment to accomplish the tasks outlined in the statement of work.
The overall objective of this procurement is to improve the computer technology used in the Westinghouse simulator;improve the maintainability of the Westinghouse simulator; improve the reactor core and reactor thermal-hydraulicsystem models; and provide a digital control room for the simulator that is similar to the Distributed Control Systems(DCS) anticipated to be used in new reactor plants.
The specific outcomes of this project are the following:
1. To improve simulator maintainability and operation by:
Re-hosting the simulator from its present mix of computer platforms to
5
current-technology, Intel-compatible equipment;
" Replacing the existing instructor station;
* Replacing the simulator executive and development system software; and
* Replacing the present process computer simulation with an alternate process computer simulation usingcurrent-technology, off-the-shelf hardware and generic display software.
2. To prepare the simulator for use in new-reactor training by:
* Improving the fidelity and making possible the reconfiguration of the reactor core simulation by replacing thereactor core model;
* Improving the fidelity and making possible the reconfiguration of the reactor pressure vessel and key elementsof the reactor coolant system simulation by replacing the reactor thermal-hydraulic model; and
* Developing and installing a digital control room anticipated to be used in new reactor plants based on a largeoverview display and multiple computer workstations that can simulate or emulate the functions of a DCS.
Upon completion of this project, the Westinr7ghouse simulator will be operable using the standard control roombenchboards, based on the Trojan generating station, which will be executed on standard computer equipment. Theobsolete equipment and software will be removed from service. The simulator will also be operable using a digitalcontrol room based on a simulated DCS similar to the DCS systems anticipated to be used in new reactor plants.
Achievement of the first objective is necessitated by the age and obsolescence of several elements of the currentsimulator and forms the base requirement of this acquisition.
The second objective reflects work that is required to enable training in new reactors in advance of the final design ofnew reactor generating stations.
4.0 STATEMENT OF WORK
4.1 GENERAL APPROACH AND REQUIREMENTS
The following are summary statements of the tasks and requirements of this project. Detailed descriptions of eachindividual task are delineated in section 4.2, Base Project Tasks, and section 4.3, Optional Project Tasks.
1. The contractor shall re-host the main simulation software such that it will run on industry-standard computersbased on Intel or Intel-compatible processors. The software shall run under either the Microsoft Windows orLinux operating systems.
2. The contractor shall replace the Westinghouse-provided executive system software with executive systemsoftware that is more compatible with current operating systems and software development utilities.
3. The contractor shall provide a suite of software tools that are used to develop and update the simulatormathematical models.
4. The contractor shall replace the present SAIC process computer system. The replacement system shall providefor plant monitoring and the display of alarms based on process and derived, calculated parameters.
6
5. The contractor shall supply a replacement instructor station that is compatible with the new computer system andexecutive system and that has, as a minimum, the same capabilities as the existing instructor station.
6. The contractor shall supply the necessary hardware and software to interface with the present controlbenchboard input/output (I/O) system.
7. When complete, the simulator shall be able to run all of the scenarios, plant evolutions, and simulated failureswhich can currently be run. The objective is to improve long-term simulator maintainability and remove obsoletecomputer systems.
8. The contractor shall provide and integrate into the simulator a replacement reactor core model.
9. The contractor shall provide and integrate into the simulator a replacement reactor primary thermal-hydraulicsystem model.
10. The contractor shall provide additional hardware and software to enable the simulator to be operated from adigital control room based on a simulation or emulation of a DCS.
11. The contractor is expected to perform the work provided in this contract at its own facilities unless there isintermediate testing or data gathering that may need to be performed at the TTC. Final testing, integration, andhardware activities will be performed at the NRC Technical Training Center utilizing the Westinghouse simulator.
12. The contractor shall approach this project as a turn-key project, meaning that the NRC simulator engineers arenot expected to provide assistance. The NRC simulator engineers will be available to answer questions asnecessary but will not be available for software coding or graphic display design and implementation.
13. The Government may terminate performance of work under this contract in whole or, from time to time, in part ifthe Contracting Officer determines: that a termination is in the Government's interest, or if the vendor fails todeliver the supplies or to perform the services within the time specified in this contract, if the vendor fails to makeprogress, so as to endanger performance of this contract, or if the vendor fails to perform any of the otherprovisions of this contract. The Contracting Officer shall terminate by delivering to the Contractor a Notice ofTermination specifying the extent of termination and the effective date.
14. The contractor shall identify a Project Manager to serve as the point of contact for the NRC Project Officer.
15. This contract is not authorized to process Safeguards or Classified Information.
4.2 BASE PROJECT TASKS
TASK 4.2.1 ESTABLISH A SIMULATOR BASELINE
The contractor shall, with NRC assistance, perform baseline data gathering of steady state,100 percent power operation; cold shutdown operation; and up to ten transients for comparison with the replacementsystem.
The contractor is expected to use the data collected from baseline data gathering to verify the operation of thereplacement system as it is being implemented.
At the conclusion of this project, contractor shall provide a report comparing the baseline data to data collected duringsimilar operation on the converted system. The comparison shall be made using data collected after the system isconverted and prior to installation of any replacement models. Successful comparison and acceptance by the NRC
7
shall constitute acceptance of the replacement computer system and software conversion. The NRC anticipates that-the acceptance testing of the re-hosted simulator will take approximately 3-5 days.
To aid in comparison, the NRC shall create and preserve a set of backup media containing all files and software as itexists at the beginning of the contract.
TASK 4.2.2 PROVIDE NEW COMPUTER SYSTEMS
The contractor shall provide computer system(s), based on Intel or Intel-compatible processors, to replace the existingCompro RSX computer systems.
The simulator currently runs on two Compro RSX computer systems, interconnected via Reflective Memory. A DECAlpha computer is also part of the Reflective Memory bus.
The two existing RSX computers and a DEC Alpha system are interconnected through Reflective Memory, aproprietary replicated memory system. There are no cross-connected interrupts.
One of the RSX computers is equipped with a Compro High Speed Data card that is connected to a SAIC-suppliedprocess computer. The DEC Alpha runs the man-machine interface portion of the instructor station software. Theinstructor station software is a DataViews application that displays via X-Windows on remote displays.
The instructor station software utilizes both the Reflective Memory link and Ethernet to send and receive data from theRSX systems. All of the computers that are associated with the simulator are equipped with and make use of Ethernetconnections.
The simulator models are split between the two Compro RSX computers. A variety of smaller simulation tasks arealso split between the two RSX computers, primarily to drive serial devices such as the reactor vessel level indicationsystem, fire safety monitor, and radiation monitoring displays.
The replacement computer system(s) shall run either the Microsoft Windows XP Service Pack 2 (or later version) orLinux operating system(s). The contractor shall clearly identify any additions or modifications to the standardoperating system that may be required and shall provide full source code for any such additions or modifications.
The contractor shall provide an additional computer system for use in software development that is capable of andconfigured for running the simulation software without connection to the control benchboards.
All replaced computer equipment will remain the property of the NRC.
TASK 4.2.3 PROVIDE SIMULATOR EXECUTIVE AND DEVELOPMENT SYSTEM SOFTWARE
The contractor shall replace the original Westinghouse executive system and development software.
The executive system software provides the software framework which controls the execution of the simulator models,performs simulator I/O, provides for creating and using initial condition snapshots, and performs other functions.
The replacement executive system shall allow the models to be executed whether or not they are connected to thecontrol benchboards. When not connected to the control benchboards, the replacement executive system shallassume that the control benchboard inputs are static as established by the selected initial condition.
The development system software provides the software framework for developing, loading, and testing simulatormodules and typically consists of language compilers, variable database(s), a mechanism for loading softwaremodules, and other functions. The software development system shall ensure that consistency is maintained between
8
the simulator variable database and the models. Consistency checks shall ensure that software modules that utilizechanged variables are required to be recompiled prior to loading into a simulator software load.
Task 4.2.4 CONVERT OR RECOMPILE EXISTING MODEL SOFTWARE AND INITIAL CONDITIONS
The contractor shall take the existing software modules that model the reactor plant systems and convert or recbmpilethem to run on the new computer systems.
The existing models were developed by Westinghouse and make extensive use of a modified version of the ComproDatapool facility, a rudimentary address lookup tool that allows the software developer to specify thE~or'der, size, andlocation of software variables. The contractor shall convert the datapool dictionary and lookup routines to use adatabase-driven facility centered around a Structured Query Language database.
Some elements of the model software were written in Compro Assembly language. The contractor shall re-write suchelements in either the C or FORTRAN programming language. A conversion that emulates the Compro computerinstruction set is not acceptable and shall not be used.
The contractor shall use and provide current versions of the appropriate software development tools in recompilingand converting the model software. If the contractor elects to provide the Microsoft Windows operating system on thereplacement computers, the contractor shall utilize and provide the latest released version of Microsoft Visual Studioand compatible FORTRAN compilers.
The contractor shall convert the existing simulator initial conditions for use on the replacement computer system(s).
The simulator shall be capable of running the converted initial conditions in a stable manner. It is recognized that thepresent and replacement computer systems utilize different binary representations for floating point values and thatrounding errors in the conversion may result in short-term minor transients when the simulator is placed in a run statefollowing a reset.
TASK 4.2.5 PROVIDE REPLACEMENT INSTRUCTOR STATION
The contractor shall provide a replacement instructor station. The instructor station shall be capable of customarysimulator functions such as:
" resetting the simulator to an initial condition;
" providing a visual cue on the control benchboards during simulator reset that indicates switches and controlsthat are out of position for the initial condition;
* providing a list at the instructor station during simulator reset that indicates switches and controls that are outof position for the initial condition;
* generating a snapshot of existing simulator conditions, thereby creating a new initial condition;
* creating automatic, periodic snapshots of simulator conditions to which the simulator may be reset (i.e.,backtrack initial conditions);
" recording operator control benchboard actions in a time-tagged log;
* recovering from inadvertent or improper operator actions at the control benchboards by replaying simulatoroperation and operator actions up to the point of inappropriate action and then resuming normal simulatoroperation;
9
0 inserting and deleting malfunctions as selected by the instructor;
* inserting and removing global common failures as selected by the instructor;
* performing local operator actions as selected by the instructor;
" generating trend line plots for display at the instructor station;
0 monitoring simulation variables in real time; and
* providing global annunciator control.
The existing instructor station software is interwoven into the existing Westinghouse executive system. As such, it isdifficult to distinguish between instructor station functions and executive system functions. The NRC requires that theinstructor station be completely replaced.
The contractor shall separate the instructor station software from the executive system software and provide a single,integrated human-machine interface (HMI) for controlling the simulator.
The instructor station shallrbe customized to reflect the specific capabilities of the Westinghouse simulator as itcurrently exists. The NRC shall provide the contractor with listings and descriptions of features such as malfunctions,remote functions, local operator actions, and global common failures.
The contractor shall provide dynamic process and instrumentation diagram displays, logic diagrams, and electricaldistribution displays that can be used to control the simulator by, for example, clicking on a valve icon to perform alocal operator action. The current simulator is equipped with displays developed with the DataViews graphics toolrunning on a DEC Alpha that may be used as a starting point for developing the required displays.
The replacement instructor station shall include the following features, as well as those described above as typical foran instructor station:
" a scriptable "expert" mode that allows the simulation to be controlled by means of a pre-prepared script or textfile;
* a mechanism to monitor and alter simulator variable values in tabular form, and to monitor simulator variablesin trend line form;
" for debugging purposes, a mechanism for taking user-specified software modules into and out of executionand to "call" specified software modules on-demand;
* a mechanism for collecting real-time simulator data that shall, as a minimum, be capable of being exported tofiles in a format readable by Microsoft Excel; and
* a mechanism for allowing the addition of features by appropriately trained simulator engineers. The contractormay implement this requirement through configuration files or through the use of an alterable database.
10
TASK 4.2.6 PROVIDE REPLACEMENT PROCESS COMPUTER SYSTEM
The contractor shall provide and install the necessary hardware and software for a replacement of the current SAICprocess computer system. The replacement system shall, as a minimum, provide the following features:
* dynamic process and instrumentation diagram displays for major plant systems;
* monitoring of plant status via viewing of individual process parameters or editable groups of processparameters;
* trending of multiple process parameters on one screen, with points assignable by user;
* display of alarm lists based on process and derived, calculated parameters;
* ability to assign a parameter for display on each of four large LED displays;
* typical Nuclear Steam Supply (NSS) functions for a Westinghouse 4-loop reactor, such as thermal limitscalculations, axial flux difference (AFD) calculation, rod insertion limit monitoring, calorimetrics, reactivitycalculations including estimated critical position, shutdown margin calculations, heatup/cooldown rate, andxenon and boron predictions;
* incore thermocouple map; and
* Critical Safety Function status trees.
No printed log capability is required.
The user interface hardware for the replacement process computer system shall consist of the following:
* One 19-21" LCD flat panel monitor and one keyboard at the instructor station;
* Two 19-21" LCD flat panel monitors and one keyboard at the shift supervisor's desk;
" Three 19-21" LCD flat panel monitors and one keyboard at the operator's desk;
• One 19-21" LCD flat panel monitor and one keyboard in the center control benchboard;
• Two 25-27" LCD flat panel monitors and four 21-25" flat panel monitors mounted high in the outer controlbenchboards; and
a Four large LED displays mounted in a vertical arrangement high in the outer control benchboard. The existingLED displays may be used.
The user shall be able to assign displays to the six monitors in the outer control benchboards from the user stationswith keyboards. The user shall be able to assign parameters to the LED displays from these same stations.
The contractor shall remove and dispose of the hardware and associated cables for the existing process computersystem from the simulator.
11
TASK 4.2.7 INSTALL HARDWARE AND SOFTWARE TO INTERFACE WITH CONTROL BENCHBOARDS
The contractor shall provide and install the necessary hardware and software to interface the control benchboards withthe replacement computer systems. The existing I/O system utilizes 6 dual-channel Compro analog/digital interface(ADI) cards in one RSX computer that connect to 12 strings of I/O equipment that were manufactured by CPI. It isrecognized that the computer system cards must be replaced. The contractor shall, to the maximum extent possible,utilize the remainder of the existing I/O system. It is not NRC's intention or desire that the CPI I/O equipment bereplaced.
The present I/O system generates hardware interrupts on digital or analog input change of state. The interrupts arepassed through the ADI cards to the host RSX computer system and are fielded by custom modifications to theCompro operating system. It is specifically desired that the replacement hardware and interfaces not generate suchinterrupts. Rather, the contractor shall utilize an I/O scanning and capture approach, wherein inputs are scanned andtheir status captured at a rate that is reasonable for nuclear simulation to detect input change of state, usually tentimes per second or faster.
The Westinghouse simulator is heavily utilized for training. It is recognized that during the transition from the presentsystem to the replacement system, there will be periods when the simulator benchboards must be shifted from thepresent to the replacement computer systems and back. The contractor shall be able to accomplish such a shift inone hour or less.
TASK 4.2.8 TRAINING
The contractor shall provide up to four (4) weeks of hardware and software maintenance training at the TTC. The Theperiod of time needed to cover the specified topics shall be identified by the contractor. The training shall be providedfor up to eight (8) members of the TTC simulator support staff. The training shall be conducted by contractorpersonnel with significant (more than 5 years of) hardware and software maintenance experience.
The training shall cover the methods used to perform such tasks as:
* performing routine preventive maintenance on the supplied computer systems and associated hardware;
* creating software backups and restoring the simulation software from the backups;
" troubleshooting hardware problems;
* modifying simulator models;
• changing model execution sequence;
* adding and deleting simulation variables;
* determining which software modules make use of a given variable;
* compiling and loading simulator models;
* executing simulator models without being connected to the control benchboards;
" adding or modifying instructor station features, including adding of additional process and instrumentationdiagram displays;
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" adding or modifying process computer features, including adding of additional process and instrumentationdiagram displays;
* collecting simulator data;
" adding or modifying simulator I/O points; and
* adding or modifying DCS displays.
Eight (8) printed copies of any presentation materials developed for the training shall be provided to the NRC. Eight(8) printed copies of any reference materials used to conduct the training shall be provided to the NRC. In addition,the presentation and reference materials shall also be provided in electronic format (Microsoft Office or PDF files).
TASK 4.2.9 SOFTWARE LICENSING, HARDWARE AND SOFTWARE WARRANTY
The contractor shall provide a license to utilize all contractor-provided simulator software on any appropriatelyconfigured computer system that the NRC may separately acquire at the NRC's Technical Training Center. Further,any software enhancements or modifications and/or new models developed by the contractor under this contract shallbe provided to the NRC for perpetual use without restriction.
The contractor shall provide a license to utilize all contractor-provided simulator software on any appropriatelyconfigured computer system that the NRC may separately acquire at any NRC location. Such utilization shall beconfined to training or human factors purposes and is limited to software developed, converted, or recompiled by thecontractor. A site license for commercial, off-the-shelf software is not required. The license shall allow the NRC tomodify contractor-provided software for any purpose that the NRC may have. The NRC shall not be required todisclose to the contractor any modifications made to contractor-provided software.
The contractor shall provide full source code for all software delivered under this contract, except for softwaredevelopment tools such as compilers that are the products of third parties. This requirement includes but is not limitedto source code for all converted models, the executive system, instructor station, and software development toolsdeveloped by the contractor. This source code will be maintained and controlled at the TTC.
The NRC will execute appropriate proprietary information agreements that the contractor may require of non-governmental customers and agrees not to violate contractor's intellectual property rights.
The contractor shall warrant all software and hardware provided under this contract to be free from defect for aminimum period of one year following final installation of all systems and acceptance by the NRC. The contractor isrelieved of this warranty obligation in the event of Government fault or negligence caused due to changes to simulatorsoftware or hardware during the period of warranty.
TASK 4.2.10 DISTRIBUTED CONTROL SYSTEM (DCS) HARDWARE
The contractor shall supply two independent suites of hardware for a simulated DCS that can be used to operate thesimulated power plant and install this hardware at the TTC. Each suite of simulated DCS hardware shall include thefollowing HMI hardware items, as a minimum:
A large screen, consisting of overlapping projected. images (front or rear) or a matrix of multiple liquid crystaldisplay (LCD) or plasma displays arranged so as to create a single large display approximately five feet tall byten feet long (or larger) in size, to be used for displaying overall simulated plant status; this display shall bevisible over the work areas, described below, from a seated position;
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" Two work areas, each consisting of two horizontal rows of six LCD or equivalent screens per row, to be usedas operator control areas. Each screen shall be at least 19 inches (diagonal) in size, with a wide-screenformat;
* One work area, consisting of a single horizontal row of five LCD or equivalent screens, to be used as asupervisor station. Each screen shall be at least 19 inches (diagonal) in size, with a wide-screen format;
" At least two keyboard/mouse input devices for each work area above, as needed by contractor-suppliedsimulated DCS software;
* Appropriate PCs to run the above displays, including networking hardware and cabling for interconnecting thePCs;
* A workstation area consisting of at least two screens, at least 19 inches (diagonal) in size, appropriate
keyboard and mouse controls, and associated PC to serve as a simulator instructor station;
* At least one laser printer accessible from any of the networked PCs; and
* A separate small workstation, to contain a photo-realistic display of what would, in an actual DCS-basedcontrol room, be a small set of hardwired controls, such as a scram switch, safety system actuation switches,and'potentially other switches. This soft panel shall be operable by keyboard and mouse contfrol and by atouch-screen.
The hardware provided for the simulated DCS system may be tailored to the specific requirements of the simulatedDCS system software. However, it is the NRC's intention to use the same simulated DCS hardware in otherapplications. For example, the second suite of simulated DCS hardware provided under this Contract may be usedwith a simulator other than the NRC's Westinghouse simulator. The contractor shall not provide hardware thatprecludes such use. The contractor shall clearly identify all items that are installed in the PCs that are not part of astandard offering from the vendor.
The contractor shall obtain approval of the hardware configuration from the NRC prior to the purchase of the DCShardware to ensure it meets the above requirements. Additional background information regarding this task can befound in section 5.0, Advanced HMI Background Information.
TASK 4.2.11 DISTRIBUTED CONTROL SYSTEM SOFTWARE
The contractor shall provide an emulation of a DCS that is linked to the simulation software models so that majorcontrol room systems may be operated using the contractor-supplied distributed control system (DCS) hardwaredescribed above.
The DCS system and the instructor station shall provide sufficient controls to operate the simulated power plantwithout the use of the simulator control benchboards.
At a minimum, the DCS shall provide controls for:
* Manipulating control rod positions manually or under automatic control;
* Manipulating controls in the chemical volume control system such that pressurizer level can be maintained andboron concentrations can be manipulated;
* Pressurizer pressure control;
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* Reactor coolant pump control;
* Steam generator level control;
" Condensate and feedwater component control, including auxiliary feedwater;
" Main steam system controls, including the ability to bypass the main turbine and direct steam flow to the maincondenser or through atmospheric dumps;
" Main turbine control, to enable rolling the main turbine, bringing it to speed, and synchronizing to the grid;
" Emergency_ diesel generator start and stop;
" Safety injection system(s) actuation and control;
" Reactor protection system actuation and control;
* Engineered safety features actuation and control; and
* Neutron monitor displays for all ranges of neutron monitoring instrumentation.
The controlled systems shall allow for plant startup from hot shutdown through reactor criticality and power ascensionto full power, plant shutdown from full power to a stable hot shutdown condition, and a subset of plant transients asmutually agreed upon. The DCS system shall, in conjunction with the instructor station, provide the controlsnecessary for operating the simulator without the existing control benchboards.
It is the NRC's intent to use the contractor-provided DCS system with the simulator to provide a training environmentfor near-term future reactor simulation, with a control system that provides an operator experience similar to what isanticipated for such reactors. Therefore, the contractor should use an actual DCS design to inform the design of theDCS provided under this contract. For example, the contractor may infer a probable U.S. nuclear power plant DCSdesign from one that was provided with a non-U.S. reactor.
The contractor shall provide software that enables the NRC simulator engineers to generate and integrate additionaldisplays as needed. The contractor shall deliver to the NRC all software that is used in the generation and integrationof the final delivered DCS software such that the NRC engineers could, from source code and hard copy drawings,regenerate and integrate the displays with the simulator and the instructor station.
Additional background information regarding this task can be found in section 5.0, Advanced HMI Background
Information.
TASK 4.2.12 REPLACEMENT THERMAL-HYDRAULIC MODEL
The contractor shall provide a replacement model for the existing primary thermal-hydraulic model. The replacementmodel shall be based on first principles, and shall provide a solution that:
* conserves energy, mass, and momentum in both gas and liquid states;
" allows for a non-homogeneous mix of liquid and mass in all nodes;
* considers the effects of different velocities of mass and liquid;
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" allows for non-homogenous fluid flow from simulated breaks in the reactor coolant system of variable sizes;
" is capable of operating during simulator reactor vessel head removal (i.e., "mid-loop" operation); and
• is reconfigurable.
The contractor shall integrate the replacement primary thermal-hydraulic model with the rest of the simulator modelsand shall demonstrate stable operation at simulated cold-shutdown, startup, and power conditions. Additionally, themodel shall compare favorably to plant data, where applicable and available, for a variety of plant transients such asscram, steam generator tube rupture, primary system loss of coolant accidents of varying sizes, and plant heat-up andcooldown. Plant data may be actual data from the Trojan nuclear power plant, data obtained from similarWestinghouse four-loop plants, or analytical data produced from properly configured computer codes such asRELAP/5. The NRC anticipates that the acceptance testing of the replacement thermal hydraulic and core models willtake approximately two (2) weeks.
The contractor shall provide full source code for all software delivered under this task.
TASK 4.2.13 REPLACEMENT REACTOR CORE MODEL
The contractor shall provide a replacement model for the existing reactor core model.
The replacement model shall be based on first principles, and shall provide a solution that:
" has sufficient nodalization that the effects of moving a single control rod may be observed;
" does not rely on an assumption of radial or axial symmetry of control rod positions;
* accounts for different points in a given core load's life;
* provides a mechanism for altering the core configuration, simulating different core loads;
" is tightly integrated with the primary thermal-hydraulic model such that the effects of voiding within themoderator are locally modeled; and
* in conjunction with the primary thermal-hydraulic model, accurately predicts local fuel cladding temperatures.
The contractor shall integrate the replacement core model with the rest of the simulator models and shall demonstratestable operation during all reasonable simulated plant conditions and transients.
The contractor shall provide full source code for all software delivered under this Task.
4.3 OPTIONAL PROJECT TASKS
TASK 4.3.1 SOFTWARE MAINTENANCE AND OFFSITE ARCHIVAL STORAGE
The contractor shall provide for software maintenance and offsite archiving of the Westinghouse simulator softwareconfiguration for the base year of the contract and for each of four option years. Each year shall be priced separately.
The software maintenance services provided under this option shall include routine updates to the instructor station,development system, models, DCS, modeling tools, and other software that are developed by the contractor duringthe base year or option years. The software maintenance services shall include a 100 hours per year for Option Years1 and 2; and 1,000 hours per year for option years 3 and 4 to cover on-call consultation with the NRC simulator
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engineers to resolve discrepancies or perform desired software modifications. This option is exclusive of contractor'swarranty obligations.
TASK 4.3.2 ADDITIONAL SOFTWARE LICENSES
The contractor shall provide an option for a license to utilize all contractor -provided simulator software on anyappropriately configured computer system located at an NRC facility other than the Technical Training Center. Thecontractor shall provide the cost of this option as site license cost for each additional location.
B.7 DELIVERABLES
1. DELIVERABLES
1. Task 4.2.1 - A report comparing the operation of the simulator under the replacement computer systems withbaseline data gathered while operating the simulator in its existing state.
2. Task 4.2.2 - Replacement computer systems(s) to run the simulator software modules.
3. Task 4.2.2 - Development computer system for use in developing software changes and modifications.
4. Task 4.2.3 - Simulator executive system and development system software, including source code anddocumentation for all software developed by the Contractor, and vendor documentation for all software developedor provided by a third party.
5. Task 4.2.4 - Updated and recompiled simulator software modules, and initial condition file(s) converted for use onthe re-hosted simulator.
6. Task 4.2.5 - Replacement instructor station software and hardware to control the simulator operation, includingcomplete source code for all software and simulator operating manuals and documentation.
7. Task 4.2.6 - Replacement process computer system software and hardware.
8. Task 4.2.7 - Control benchboard I/O hardware and software as required to interface with the existing CPI controlbenchboard I/O equipment, including source code for any required software and all vendor documentation.
9. Task 4.2.8 - Two weeks of software and hardware maintenance training to be delivered at the Technical TrainingCenter.
10. Task 4.2.9 - Site licenses for all software developed by the Contractor, allowing use of software procured underthis contract on any computer system that NRC may separately acquire. Source code for all software developedby the Contractor or its agents, to be maintained at the Technical Training Center.
11. Task 4.2.10 - Two independent suites of Distributed Control System (DCS) hardware installed at the TechnicalTraining Center.
12. Task 4.2.11 - Emulated or simulated Distributed Control System (DCS) software.
13. Task 4.2.12 - Replacement primary thermal-hydraulic model fully integrated with the rest of the simulator models,and all associated source code.
14. Task 4.2.13 - Replacement reactor core model fully integrated with the rest of the simulator models, and allassociated source code.
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15. Task 4.3.1 (Option) - Offsite archival storage, Contractor-provide software updates, and offsite call-in softwaremaintenance consultation.
OPTION YEAR (1-4) DELIVERABLES
Software Maintenance and Offsite Archival Storage - Contractor-provide software updates, andoffsite call-in software maintenance consultation.
B.8 PLACE OF DELIVERY--EQUIPMENT (MAR 1987) ALTERNATE 1 (MAR 1987)
The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
U.S. Nuclear Regulatory CommissionTechnical Training CenterOsborne Office Center, Suite 2005746 Marlin RoadChattanooga, TN 37411-5677RE: Contract Number: NRC-38-10-703Attn: Mr. James Griffin
SECTION C - CONTRACT CLAUSES
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C.1 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to therequirements of this contract. The Government reserves the right to inspect or test any supplies or services that havebeen tendered for acceptance. The Government may require repair or replacement of nonconformingsupplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement orreperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction oradequate consideration for acceptance of nonconforming supplies or services. The Government must exercise itspost-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs.in the condition of the item, unless the change is due to the defectin the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result ofperformance of this contract to a bank, trust company, or other financing institution, including any Federal lendingagency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a thirdparty makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assignits rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of theparties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failureof the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or actionarising under or relating to this contract shall be a dispute to be resolved in accordance withthe clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceeddiligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrencebeyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the publicenemy, acts of the Government in either its sovereign or contractual capacity, fires,floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. TheContractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencementof any excusable delay, setting forth the full particulars in connection therewith, shallremedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officerof the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies(or electronic invoice, if authorized) to theaddress designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
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(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped onGovernment bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if requiredelsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in thiscontract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitationprovision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central ContractorRegistration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office ofManagement and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents againstliability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, anyUnited States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided theContractor is reasonably notified of such claims and proceedings.
(i) Payment.-
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to thedelivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriateEFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of theinvoice. For the purpose of computing the discount earned, payment shall be considered to have been made on thedate which appears on the payment check or the specified payment date if an electronic funds transfer payment ismade.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the
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Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of theoverpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) ofoverpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simpleinterest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interestrate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978(Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of thisclause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of adebt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timelinespecified in the demand for payment unless the amounts were not repaid because theContractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer(see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the finaldecision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a defaulttermination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the duedate and ending on--
(A) The date on which the designated office receives payment from the Contractor;
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(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable hasbeen withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have becomepayable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 ofthe Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided
under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(I) Termination for the Government's convenience. The Government reserves the right to terminate this contract, orany part hereof, for its sole convenience. In the event of such termination, theContractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers andsubcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of thecontract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonablecharges the Contractor can demonstrate to the satisfaction of the Government using its standard record keepingsystem, have resulted from the termination. The Contractor shall notbe required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraphdoes not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for anywork performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event ofany default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails toprovide the Government, upon request, with adequate assurances of future performance. In the event of terminationfor cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted,and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it isdetermined that the Government improperly terminated this contract for default, such termination shall be deemed atermination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to theGovernment upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit foruse for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to theGovernment for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executiveorders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352
relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating
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to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58,Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections;'Section 1553 ofthe American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded underthat Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in
the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique toGovernment Contracts paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance andthrough final payment of any contract for the accuracy and completeness of the data within the CCR database, and forany liability resulting from the Government's reliance on inaccurate or incomplete data. Toremain registered in the CCR database after the initial registration, the Contractor is required to review and update onan annual basis from the date of initial registration or subsequent updates its information in the CCR database toensure it is current, accurate and complete. Updating information in the CCR does not alter theterms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whicheveris shown on the contract), or has transferred the assets used in performing the contract, but has not completed thenecessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractorshall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to(A) change the name in the CCR database; (B) comply with therequirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsibleContracting Officer. The Contractor must provide with the notification sufficient documentation to support the legallychanged name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform theagreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than theContractor indicated in the contract will be considered to be incorrect information within the meaning of the"Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
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(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, inthe CCR record to reflect an assignee for the purpose of assignment of claims (seeSubpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Informationprovided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimaterecipient other than that Contractor will be considered to be incorrect information within the meaning of the"Suspension of payment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via theinternet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OREXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2010)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which areincorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitionsof commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate.l(AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicatedas being incorporated in this contract by reference to implement provisions of law or Executive orders applicable toacquisitions of commercial items:
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).
fl (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter1 (41 U.S.C. 251 note)).
1 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Actof 2009.)
] (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (MAR 2009) (Pub. L. 111-5).
U (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).
[X] (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if theofferor elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
f] (7) [Reserved]
0 (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).
U (ii) Alternate I (Oct 1995) of 52.219-6.
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r (iii) Alternate II (Mar 2004) of 52.219-6.
0 (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
[] (ii) Alternate I (Oct 1995) of 52.219-7.
fl (iii) Alternate II (Mar 2004) of 52.219-7.
[X] (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).
[X] (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).
r (ii) Alternate I (Oct 2001) of 52.219-9.
[X] (iii) Alternate II (Oct 2001) of 52.219-9.
r] (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
[ (13) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[] (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)
f] (ii) Alternate I (June 2003) of 52.219-23.
[X] (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting(APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[X] (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
U (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15
U.S.C. 657 f).
[X] (18) 52.219-28, Post Award Small Business Program Representation (APR 2009) (15 U.S.C 632(a)(2)).
[X] (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
r] (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126).
[X] (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
[X] (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
[X] (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and OtherEligible Veterans (Sept 2006) (38 U.S.C. 4212).
[X] (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).
[X] (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and OtherEligible Veterans (Sept 2006) (38 U.S.C. 4212).
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[X] (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to theacquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in22.1803.)
[] (27)(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 the acquisition of commercially available off-the-shelf items.)
1] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of
commercially available off-the-shelf items.)
[X] (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).
fl (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC2007) (E.O. 13423).
[X] (ii) Alternate I (DEC 2007) of 52.223-16.
f (30) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 1Oa-1Od).
[] (31)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C. 1 Oa-1 0d,19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53and 109-169, 109-283, and 110-138).
0I (ii) Alternate I (Jan 2004) of 52.225-3.
r (iii) Alternate II (Jan 2004) of 52.225-3.
[X] (32) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (33) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutesadministered by the Office of Foreign Assets Control of the Department of the Treasury).
f' (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).
[X] (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10U.S.C. 2307(f)).
[ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[X (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C.3332).
[ (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999)(31 U.S.C. 3332).
[ (40) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
U (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
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r (42)(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).
U (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, thatthe Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of lawor Executive orders applicable to acquisitions of commercial items:
[X] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351,et seq.).
Employee Class Monetary Wage-Fringe Benefits
[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and OptionContracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206and 41 U.S.C. 351, et seq.).
r] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance,Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
r] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
U (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247)
[] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, anddoes not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shallhave access to and right to examine any of the Contractor's directly pertinent records involving transactions related tothis contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and otherevidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorterperiod specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If thiscontract is completely or partially terminated, the records relating to the work terminated shall be made available for 3years after any resulting final termination settlement. Records relating to appeals under the disputes clause or tolitigation or the settlement of claims arising under or relating to this contract shall be made available until suchappeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and otherdata, regardless of type and regardless of form. This does not require the Contractor to create or maintain any recordthat the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
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(e)(1) NOtwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, theContractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract forcommercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1(41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontractsthat offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lowertier subcontracts that offer subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other EligibleVeterans (Sept 2006) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).
(vii) [Removed and reserved]
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration,or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employee Eligibility Verification (JAN 2009)
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flowdown required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number ofadditional clauses necessary to satisfy its contractual obligations.
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C.3 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE
The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordancewith the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. FAR52.252-2 contains the internet address for electronic access to the full text of a clause.
NUMBER TITLE DATEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
52.245-1 GOVERNMENT PROPERTY JUN 200752.245-9 USE AND CHARGES JUN 2007
CA WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOREMPLOYEES (JULY 2006)
(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to theWhistleblower Employee Protection public law provisions as codified at 42 U.S.C. 5851. NRC contractor(s) andsubcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and theimplementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures onHandling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures andthe requirement for'prominent posting of notice of Employee Rights at Appendix A to Part 24. .
(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor andsubcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or otheremployment discrimination practices with respect to compensation, terms, conditions or privileges of their employmentbecause the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage inunlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic EnergyAct of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).
(c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performedunder this contract.
C.5 DURATION OF CONTRACT PERIOD (MAR 1987) ALTERNATE 2 (MAR 1987)
This contract shall commence on date of award and will expirel 2-months after award. The term of this contract maybe extended at the option of the Government for an additional four one-year option periods.
C.6 MAINTENANCE REQUIREMENTS (ADP SYSTEM/EQUIPMENT) (MAR 1987)
(a) Responsibilities of the Contractor. The Contractor shall provide maintenance (labor and parts) at the prices shownin this contract, and shall keep the equipment in good operating condition (Reference Section 4.3.1 SOFTWAREMAINTENANCE AND OFFSITE ARCHIVAL STORAGE). Maintenance services shall not include electrical workexternal to the equipment, the furnishing of supplies, and adding or removing accessories, attachments or otherdevices. It shall not include repair of damage resulting from accident, transportation between Government sites,neglect, misuse, failure of electrical power of air-conditioning or humidity control, or causes other than ordinary use.
(b) Responsibilities of the Government.
(1) Government personnel shall not perform maintenance or attempt repairs to equipment while such equipment isunder the purview of this contract unless agreed to by the Contractor.
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(2) Subject to security regulations, the Government shall permit access to the equipment which is to be maintained.
(3) The Government shall provide adequate storage space for spare parts and adequate working space, includingheat, light, ventilation, electrical current and outlets and telephones (for local calls only) for the use of maintenancepersonnel. These facilities shall be within the reasonable distance of the equipment to be serviced and shall beprovided at no charge to the Contractor.
(4) The Government shall provide time for contractor sponsored equipment modifications within a reasonable timeafter being notified by the Contractor that the modification is ready to be made. The time required to make themodification shall be outside the normal preventive maintenance hours.
(5) The Government shall maintain site requirements in accordance with the equipment environmentalspecifications furnished by the Contractor.
C.7 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY (JANUARY 2001)
(a) The NRC will provide the contractor with the following items for use under this contract:
Westinghouse Simulator and associated computer systems
(b) The above listed equipment/property will not be transferred from this contract.
(c) Only the equipment/property listed above in the quantities shown will be provided by the Government. Thecontractor shall be responsible and accountable for all Government property provided under this contract and shallcomply with the provisions of the FAR Government Property Clause under this contract and FAR Subpart 45.5, as ineffect on the date of this contract. The contractor shall investigate and provide written notification to the NRCContracting Officer (CO) and the NRC Division of Facilities and Security, Physical Security Branch of all cases of loss,damage, or destruction of Government property in its possession or control not later than 24 hours after discovery.The contractor must report stolen Government property to the local police and a copy of the police report must beprovided to the CO and to the Division of Facilities and Security, Physical Security Branch.
(d) All other equipment/property required in performance of the contract shall be furnished by the Contractor.
C.8 REPLACEMENT PART AVAILABILITY (ADPE) (MAR 1987)
The Contractor guarantees that replacement parts for each piece of equipment in this contract will be available forthe system's (item's) life of 10 years. The Contractor shall notify the Government 2 years before the end of thesystem's (item's) life as to the continuing availability of parts subsequent to this period. If parts will not be availablefrom the Contractor, then the Government may require the Contractor to furnish data that is available to assist theGovernment to obtain such parts from another source. (Reference Section 4.3.1 SOFTWARE MAINTENANCE ANDOFFSITE ARCHIVAL STORAGE)
C.9 CERTIFICATE OF MAINTAINABILITY
1. When the contract is terminated, expires, or upon contracting officer request, the Contractor shall issue, withinfive (5) working days, a "Certificate of Maintainability" for any or all equipment acquired and maintained under thiscontract.
2. The certificate shall state that preventive maintenance has been performed in accordance with the OriginalEquipment Manufacturer (OEM) specifications and that equipment is performing in accordance with OEM'sspecifications such that the OEM would assume maintenance of the equipment without billing any one-time charges
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(including but not limited to repair or inspection charges) if such maintenance were assumed effective the day after theContractor's performance terminates. The Contractor is responsible for bearing all costs associated with obtainingsuch certification at no separate charge to the Government.
3. Should the Contractor fail to issue the required Certificate of Maintainability in accordance with this clause, orshould any equipment fail to perform in accordance with the certification, the Contractor shall be liable to theGovernment for any reasonable costs incurred by the Government for the purpose of bringing equipment up to therequired maintainable level.
4. If equipment is acquired under this contract, withoUt maintenance of such equipment being concurrently acquiredunder the contract, the Contractor shall issue a Certificate of Maintainability for such equipment within five (5) workingdays after it receives notice of contract award. The certificate shall state that equipment is in such condition that theOEM commits that it would assume maintenance of the equipment without billing any charges to the Government. Allcharges required to obtain requisite performance of equipment up to the time equipment is accepted by theGovernment or warranty expires, shall be borne by the Contractor. The time that equipment is accepted by theGovernment is the date that the Government determines that the equipment has passed acceptance testing, not theeffective date of acceptance. The fact that the equipment may have been acquired with a warranty does not relievethe Contractor of its obligations.
C.10 STANDARD OF PERFORMANCE AND ACCEPTANCE OF EQUIPMENT
GENERAL
This clause establishes a standard of performance which must be met before any equipment delivered under thiscontract is accepted by the Government. This provision also includes replacement, substitute machines, andmachines which are added or modified in a minor way at the Government site after a successful performance period.
PERFORMANCE PERIOD
Performance period shall begin on the day following installation date, unless delayed by the Government. Theperformance period shall end when equipment has met the standard of performance for a period of thirty (30)consecutive days by operating in conformance with the Contractor's technical specifications and functionaldescriptions, or as quoted in the Contractor's proposal, which must satisfy the requirements of this contract, at aneffectiveness level of % as a minimum.
CONTINUANCE OF PERFORMANCE PERIOD
If equipment does not meet the standard of performance during the initial 30 consecutive days, the performanceperiod may continue on a day-by-day basis until the standard of performance is met for a total of 30 consecutive days.
FAILURE TO MEET STANDARD OF PERFORMANCE
If equipment fails to meet standard of performance criteria after 90 calendar days from installation or start ofperformance period, whichever is later, the Government may at its option request a replacement or terminate thecontract for default and require immediate removal of the equipment.
EFFECTIVENESS LEVEL COMPUTATIONS
Effectiveness level for a system is computed by dividing operational use time by the sum of the operational usetime plus system failure downtime.
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CHANGES IN EQUIPMENT
Effectiveness level for machines added, field-modified, or substituted, or for a replacement machine is apercentage figure determined by dividing operational use time of the machine by the sum of that time plus downtimeresulting from equipment failure of the machine being tested.
OPERATIONAL USE TIME FOR SYSTEM
Operational use time for performance testing of a system, is accumulated time during which the Central ProcessingUnit is in actual operation. Operational use time includes any interval of time between the start.and stop of programprocessing.
OPERATIONAL USE TIME FOR EQUIPMENT
Operational use time for performance testing for a machine added, modified in a minor way, or substituted or areplacement machine, is defined as the accumulated time during which the machine is in actual use.
SYSTEM FAILURE DOWNTIME
System failure downtime is that period of time during which scheduled pif6ductive workload, or simulated workload,being used for acceptance testing cannot be continued on the system due to machine(s) failure. If simulated workloadis being used for acceptance testing, it must be consistent with the data processing requirements set forth in thiscontract.
START OF DOWNTIME
Downtime for each incident shall start from the time the Government makes a bonafide attempt to contact theContractor's designated representative at the prearranged contact point until the system(s) or machine(s) is returnedto the Government in proper operating condition. Downtime shall be exclusive of actual travel time required by theContractor's maintenance personnel. At the Contractor's request, the Government shall make available not onlyfailed equipment, but also those machines which the Contractor must use to accomplish repairs.
EQUIPMENT USE DURING SYSTEM DOWNTIME
During a period of system failure downtime, the Government may use operable equipment when such action doesnot interfere with maintenance of the inoperable equipment. The entire system will be considered down during suchperiods of use. Whenever operable equipment is not released to the Contractor upon'request, all such usage periodsshall be considered system operational use time in computing the effectiveness level.
MACHINE FAILURE DOWNTIME
Machine failure downtime for a machine added, modified in a minor way, substituted, or replaced after the systemhas completed a successful performance period is that period of time when a machine is inoperable due to failure.
MINIMUM OF USE TIME
During the performance period for a system/machine, a minimum of 100 hours of operational use time withscheduled productive or simulated work will be required as a basis for computing effectiveness level. However, incomputing effectiveness level, the actual number of operational use hours shall be used when that number exceedsthe minimum of 100 hours. Added machines, machines modified in a minor way, and substitute machines are subjectto the 100 hour minimum use time requirement. The Government shall accept such machine(s) without the addition of
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simulated work solely to achieve the minimum of 100 hours use time, provided the average effectiveness for the 30day acceptance period is equal to or better than the level specified in paragraph "Performance Period".
DATE OF ACCEPTANCE
Rental, maintenance charges and warranty shall commence on the first day of the successful performance period.
The Government shall not accept equipment and shall not pay charges until the standard of performance is met.The effective date of acceptance shall be the first day of the 30 day successful performance period.
DAILY RECORDS
The Government shall maintain appropriate daily records to document the acceptance period and shall notify theContractor in writing of the date of the first day of successful performance.
MEASURE OF OPERATIONAL USE TIME
Operational use time and downtime shall be measured in hours and whole minutes.
DELAY OF START OF PERFORMANCE PERIOD
If necessary, the Government may delay the start of the performance period, but such a delay shall not exceed 45consecutive days. Should the Government delay start of the performance period, rental and/or maintenance chargesshall accrue for that period of time between installation and start of the performance period and shall be paid onlyupon completion of the successful performance period.
C.11 ACCEPTANCE
Equipment and software must operate in accordance with the manufacturer's specifications. The Governmentshould give notice to the contractor of acceptance within 30 days from receipt of the deliverable. The Government isrelieved of all risk of loss or damage prior to acceptance.
C.12 WARRANTY
a. The Contractor shall furnish, without additional charge maintenance service including all hardware and softwareparts for a period of 12-months. The warranty period shall not begin until delivery of items to the specified destinationor 15 days after Government acceptance, whichever occurs first. In the case of overseas locations, the warrantyperiod shall not commence until delivery of the items at the final destination or 30 days after Government Acceptance,whichever occurs first. The Contractor is relieved of this warranty obligation in the event Government fault ornegligence caused the damage in question. In the event that the Contractor's commercial warranty exceeds 90 daysthe Government shall have the same warranty period.
C.13 NOTICE AND CERTIFICATION
The contractor shall, upon completion of delivery, install and verify that equipment is ready for turnover to theGovernment for the start of acceptance testing. A letter will be sent to the Contracting Officer, identifyingcontract/delivery order number, if applicable, model number(s), serial number(s) and date of installation of equipment.The letter will also include a certification that equipment is ready to commence Government performance testing.Copies of the notice shall be delivered as follows:
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1. to the project officer; and2. to the contracting officer
C.14 SECURITY REQUIREMENTS
6.0 SECURITY REQUIREMENTS
The contractor shall ensure that all its employees, including any subcontractor employees and any subsequent newemployees, who are assigned to perform the work herein, are approved by the NRC for building access.
The NRC shall have and exercise full and complete control over granting, denying, withholding, or terminating buildingaccess approvals for individuals performing work under this proposal. In the event that NRC is unable to granttemporary building access approval to any individual performing work under this proposal, the vendor is responsiblefor assigning another individual to perform the necessary function without any delay in the schedule, or withoutadverse impact to any other terms or conditions of the proposal.
The contractor shall adhere to NRC policies, including but not limited to:
" Computer Security Information Protection Policy
" Laptop Security Policy
" Computer Security Incident Response Policy
All work under this contract shall comply with the latest version of all applicable guidance and standards. Individualtask orders will reference applicable versions of standards or exceptions as necessary. These standards include, butare not limited to, NRC Management Directive 12.5 Automated Information Security Program, and National Institute ofStandards and Technology (NIST) guidance and Federal Information Processing Standards (FIPS). This information isavailable at the following links:
All NRC Management Directives (public website):http://www.nrc.qov/readincq-rm/doc-collections/management-directives/
NIST SP and FIPS documentation is located at:http://csrc.nist.qov
For unclassified information used for the effort, the contractor shall provide an information security categorizationdocument indicating the sensitivity of the information processed as part of this contract if the information securitycategorization was not provided in the statement of work. The determination shall be made using NIST SP 800-60and must be approved by CSO. The NRC contracting officer and project officer shall be notified immediately if thecontractor begins to process information at a higher sensitivity level.
All contractor employees must sign the NRC Agency Rules of Behavior for Authorized Computer Use prior to beinggranted access to NRC computing resources.
All work performed at non-NRC facilities shall be in facilities, networks, and computers that have been accredited byNRC for processing information at the sensitivity level of the information being processed.
The contractor shall ensure that the NRC data processed during the performance of this contract shall be purged fromall data storage components of the contractor's computer facility, and the contractor will retain no NRC data within 30calendar days after contract is completion. Until all data is purged, the contractor shall ensure that any NRC dataremaining in any storage component will be protected to prevent unauthorized disclosure.
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The contractor shall not publish or disclose in any manner, without the contracting officer's written consent, the detailsof any security controls or countermeasures either designed or developed by the contractor under this contract orotherwise provided by the NRC.
The most restrictive set of rights/privileges or accesses needed by users (or processes acting on behalf of users) forthe performance of specified tasks must be enforced by the system through assigned access authorizations.
Separation of duties for contractor systems used to process NRC information must be enforced by the system throughassigned access authorizations.
The contractors shall ensure that their employees, consultants, and subcontractors that have significant ITresponsibilities (e.g. IT administrators, developers, project leads) receive in-depth IT security training in their area ofresponsibility. This training is at the employer's expense.The contractor must ensure that required refresher training is accomplished in accordance with the required frequencyspecifically associated with the IT security role.
All media used by the contractor to store or process NRC information shall be controlled in accordance to thesensitivity level.
The contractor must adhere to NRC patch management processes for all systems used to process NRC information.Patch Management reports will made available to the NRC upon request for security categorization and reportingtimeframe:
0 15 calendar days after being requested for a low sensitivity system
For any contractor system used to process NRC information, the contractor must ensure that information loaded intothe system is scanned for viruses prior to posting; servers are scanned for viruses, adware, and spyware on a regularbasis; and virus signatures are updated at the following frequency:
* 7 calendar days for a low sensitivity system
The contractor shall correct errors in contractor developed software and applicable documentation that are notcommercial off-the-shelf which are discovered by the NRC or the contractor. Inability of the parties to determine thecause of software errors shall be resolved in accordance with the Disputes clause in Section I, FAR 52.233-1,incorporated by reference in the contract.
The contractor shall provide the system requirements traceability matrix at the end of the initiation phase,development/acquisition phase, implementation/assessment phase, operation & maintenance phase and disposalphase that provides the security requirements in a separate section so that they can be traced through thedevelopment life cycle. The contractor shall also provide the software and hardware designs and test plandocumentation, and source code upon request to the NRC for review.
All development and testing of the systems shall be protected at their assigned system sensitivity level and shall beperformed on a network separate and isolated from the NRC operational network.
All system computers must be properly configured and hardened according to NRC policies, guidance, and standardsand comply with all NRC security policies and procedures as commensurate with the system security categorization.
All contractor provided deliverables identified in the project plan will be subject to the review and approval of NRCManagement. The contractor will make the necessary modifications to project deliverables to resolve any identifiedissues. Project deliverables include but are not limited to: requirements, architectures, design documents, test plans,and test reports.
The contractor shall not hardcode any passwords into the software unless the password only appears on the serverside (e.g. using server-side technology such as ASP, PHP, or JSP).
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The contractor shall ensure that the software does not contain undocumented functions and undocumented methodsfor gaining access to the software or to the computer system on which it is installed. This includes, but is not limited to,master access keys, back doors, or trapdoors.
The contractor must have a configuration management plan that includes all hardware and software that is part of thesystem and contains at minimum the following sections:
a. Introductioni. Purpose & Scopeii. Definitionsiii. References
b. Configuration Managementi. Organizationii. Responsibilitiesiii. Tools and Infrastructure
c. Configuration Management Activitiesi. Specification Identificationii. Change control form identificationiii. Project baselines
d. Milestonesi. Define baselines, reviews, audits
e. Training and Resources
The Information System Security Officer's (ISSO's) role in the change management process must be described. TheISSO is responsible for the security posture of the system. Any changes to the system security posture must beapproved by the ISSO. The contractor should not have the ability to make changes to the system's security posturewithout the appropriate involvement and approval of the ISSO.
The contractor shall analyze proposed hardware and software configurations and modification as well as addressedsecurity vulnerabilities in advance of NRC accepted operational deployment dates within:
* 30 calendar days for a low sensitivity system
The contractor shall provide the above analysis with the proposed hardware and software for NRC testing in advanceof NRC accepted operational deployment dates within:
* 30 calendar days for a low sensitivity system
The contractor shall demonstrate that all hardware and software meet security requirements prior to being placed intothe NRC production environment.
The contractor shall ensure that the development environment is separated from the operational environment usingNRC CSO approved controls.
The contractor shall only use licensed software and in-house developed authorized software (including NRC andcontractor developed) on the system and for processing NRC information. Public domain, shareware, or freewareshall only be installed after prior written approval is obtained from the NRC Chief Information Security Officer (CISO).
The contractor shall provide proof of valid software licensing upon request of the Contracting Officer, the NRC ProjectOfficer, a Senior Information Technology Security Officer (SITSO), or the Designated Approving Authorities (DAAs).
The system shall be able to create, maintain and protect from modification or unauthorized access or destruction anaudit trail of accesses to the objects it protects. The audit data shall be protected so that read access to it is limited tothose who are authorized.
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The system shall be able to record the following types of events: use of identification and'authentication mechanisms,introduction of objects into a user's address space (e.g., file open, program initiation), deletion of objects, and actionstaken by computer operators and system administrators or system security officers and other security relevant events.The system shall be able to audit any override of security controls.
The contractor shall ensure auditing is implemented on the following:
" Operating System
* Application
" Network Devices
" Database
" Wireless
When contractor employees no longer require access to an NRC system, the contractor shall notify the project officerwithin 24 hours.
Upon contract completion, the contractor shall provide a status list of all NRC system users and shall note if any usersstill require access to the system to perform work if a follow-on contract or task order has been approved by NRC.
C.15 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL IIACCESS APPROVAL (July 2007)
The proposer/contractor must identify all individuals and propose the level of Information Technology (IT) approval foreach, using the following guidance. The NRC sponsoring office shall make the final determination of the level, if any,of IT approval required for all individuals working under this contract. The Government shall have and exercise full andcomplete control and discretion over granting, denying, withholding, or terminating IT access approvals for individualsperforming work under this contract.
The contractor shall conduct a preliminary security interview or review for each IT level I or II access approvalcontractor applicant and submit to the Government only the names of candidates that have a reasonable probability ofobtaining the level of IT security access for which the candidate has been proposed. The contractor will pre-screen itsapplicants for the following:
a) felony arrest in the last seven years;b) alcohol related arrest within the last five years;c) record of any military courts-martial convictions in the past ten years;d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase,
production, transfer, or distribution of narcotics or other controlled substances in the last seven years;e) delinquency on any federal debts or bankruptcy in the last seven years.
The contractor shall make a written record of its pre-screening interview or review (including any information tomitigate the responses to items listed in (a) - (e)), and have the applicant verify the pre-screening record or review,sign and date it. Two copies of the signed contractor's pre-screening record or review will be supplied to FSB/DFSwith the contractor employee's completed building access application package.
The contractor shall further ensure that its employees, any subcontractor employees and consultants complete all ITaccess security applications required by this clause within ten business days of notification by FSB/DFS of initiation ofthe application process. Timely receipt of properly completed records of the pre-screening record and IT accesssecurity applications (submitted for candidates that have a reasonable probability of obtaining the level of security
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assurance necessary for access to NRC's facilities) is a contract requirement. Failure of the contractor to comply withthis contract administration requirement may be a basis to cancel the award, or terminate the contract for dfault, oroffset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the contractor. In the event of cancellation or termination, the NRC may select another firm for contractaward.SECURITY REQUIREMENTS FOR IT LEVEL I
Performance under this contract will involve prime contractor personnel, subcontractors or others who performservices requiring direct access to or operate agency sensitive information technology systems or data (IT Level I).The IT Level I involves responsibility for the planning, direction, and implementation of a computer security program;major responsibility for the direction, planning, and design of a computer system, including hardware and software; orthe capability to access a computer system during its operation or maintenance in such a way that could cause or thathas a relatively high risk of causing grave damage; or the capability to realize a significant personal gain fromcomputer access.
A contractor employee shall not have access to sensitive information technology systems or data until he/she isapproved by FSB/DFS. Temporary IT access may be approved based on a favorable review or adjudication of theirsecurity forms and checks. Final IT access may be approved based on a favorably review or adjudication. However,temporary access authorization approval will be revoked and the employee may subsequently be denied IT access inthe event the employee's investigation cannot be favorably adjudicated. Such an employee will not be authorized toworkýunder any NRC contract requiring IT access without the approval of FSB/DFS. Where temporary accessauthorization has been revoked or denied, the contractor is responsible for assigning another individual to perform thenecessary work under this contract without delay to the contract's performance schedule, or without adverse impact toany other terms or conditions of the contract. When an individual receives final IT access, the individual will be subjectto a reinvestigation every ten years.
The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86(Questionnaire for National Security Positions), two copies of the contractor's signed pre-screening record and twoFD-258 fingerprint charts, through the PO to FSB/DFS for review and favorable adjudication, prior to the individualperforming work under this contract. The contractor shall assure that all forms are accurate, complete, and legible.Based on FSB/DFS review of the contractor applicant's security forms and/or the receipt of adverse information byNRC, the individual may be denied access to NRC facilities, sensitive information technology systems or data until afinal determination is made of his/her eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level I contractors shall be subject to the attached NRC Form187 (See Section J for List of Attachments) and SF-86 which furnishes the basis for providing security requirements toprime contractors, subcontractors or others (e.g., bidders) who have or may have an NRC contractual relationshipwhich requires access to or operation of agency sensitive information technology systems or remote developmentand/or analysis of sensitive information technology systems or data or other access to such systems and data; accesson a continuing basis (in excess more than 30 calendar days) to NRC buildings; or otherwise requires issuance of anunescorted NRC badge.
SECURITY REQUIREMENTS FOR IT LEVEL II
Performance under this contract will involve contractor personnel that develop and/or analyze sensitive informationtechnology systems or data or otherwise have access to such systems or data (IT Level II).
The IT Level II involves responsibility for the planning, design, operation, or maintenance of a computer system and allother computer or IT positions.
A contractor employee shall not have access to sensitive information technology systems or data until he/she is
approved by FSB/DFS. Temporary access may be approved based on a favorable review of their security forms and
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checks. Final IT access may be approved based on a favorably adjudication. However, temporary accessauthorization approval will be revoked and the employee may subsequently be denied IT access in the event theemployee's investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under anyNRC contract requiring IT access without the approval of FSB/DFS. Where temporary access authorization has beenrevoked or denied, the contractor is responsible for assigning another individual to perform the necessary work underthis contract without delay to the contract's performance schedule, or without adverse impact to any other terms orconditions of the contract. When an individual receives final IT access, the individual will be subject to a review orreinvestigation every ten years.
The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86(Questionnaire for National Security Positions), two copies of the contractor's signed pre-screening record and twoFD-258 fingerprint charts, through the PO to FSB/DFS for review and favorable adjudication, prior to the individualperforming work under this contract. The contractor shall assure that all forms are accurate, complete, and legible.Based on FSB/DFS review of the contractor applicant's security forms and/or the receipt of adverse information byNRC, the individual may be denied access to NRC facilities, sensitive information technology systems or data until afinal determination is made of his/her eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to the attached NRC Form187 (See Section J for List of Attachments), SF-86, and contractor's record of the pre-screening which furnishes thebasis for providing security requirements to prime contractors, subcontractors or others (e.g. bidders) who have ormay have an NRC contractual relationship which requires access to or operation of agency sensitive informationtechnology systems or remote development and/or analysis of sensitive information technology systems or data orother access to such systems or data; access on a continuing basis (in excess of more than 30 calendar days) to NRCbuildings; or otherwise requires issuance of an unescorted NRC badge.
CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST
When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notify the PO bytelephone in order that he/she will immediately contact FSB/DFS so that the access review may be promptlydiscontinued. The notification shall contain the full name of the individual, and the date of the request. Telephonenotifications must be promptly confirmed by the contractor in writing to the PO who will forward the confirmation viaemail to FSB/DFS. Additionally, FSB/DFS must be immediately notified in writing when an individual no longerrequires access to NRC sensitive automated information technology systems or data, including the voluntary orinvoluntary separation of employment of an individual who has been approved for or is being processed for IT access.
(End of Clause)
C.16 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993)
(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational,or otherwise) which relate to the work under this contract; and
(2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR2009.570-2 in the activities covered by this clause.
(c) Work for others.
(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees toforego entering into consulting or other contractual arrangements with any firm or organization the result of which may
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give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shallensure that all employees under this contract abide by the provision of this clause. If the contractor has reason tobelieve, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with anyfirm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of thecontracting officer before the execution of such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing anNRC audit, inspection, or review where the activities that are the subject of the audit, inspection, or review are thesame as or substantially similar to the services within the scope of this contract (or task order as appropriate) exceptwhere the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior workfor the utility or other entity which NRC questions.
(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, thecontractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicantorganization for a period commencing with the award of the task order or beginning of work on the site (if not a taskorder contract) and ending one year after completion of all work under the associated task order, or last time at thesite (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site,
(i) The contractor may not solicit work at that site for that licensee or applicant during the period of performanceof the task order or the contract, as appropriate.
(ii) The contractor may not perform work at that site for that licensee or applicant during the period ofperformance of the task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform thistype of work (except work in the same or similar technical area) if the contracting officer determines that the situationwill not pose a potential 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 except as otherwise set forth in thiscontract, that it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect to thiscontract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement mustinclude a description of the action which the contractor has taken or proposes to take to avoid or mitigate suchconflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government.
(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broadspectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose allproposed new work involving NRC licensees or applicants which comes within the scope of work of the underlyingcontract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercisediligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be madebefore the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC atleast 15 days before the proposed award date in any event, unless a written justification demonstrating urgency anddue diligence to discover and disclose is provided by the contractor and approved by the contracting officer. Thedisclosure must include the statement of work, the dollar value of the proposed contract, and any other documentsthat are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may denyapproval of the disclosed work only when the NRC has issued a task order which includes the technical area and, ifsite-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site,or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.
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(e) Access to and use of information.
(1) If in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies,reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), orthe Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:
(i) Use this information for any private purpose until the information has been released to the public;
(ii) Compete for work for the Commission based on the information for a period of six months after either thecompletion of this contract or the release of the information to the public, whichever is first;
(iii) Submit an unsolicited proposal to the Government based on the information until one year after the release ofthe information to the public; or
(iv) Release the information without prior written approval by the contracting officer unless the information haspreviously been released to the public by the NRC.
(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, dataprotected 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 other confidential or privileged technical:, business, or financial information under this' contract,the contractor shall treat the information in accordance with restrictions placed on use of the information.
(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technicaldata it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including thisparagraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriatelymodified to preserve the Government's rights.
(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation ofany relevant interest required to be disclosed concerning this contract or for such erroneous representations thatnecessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor fromsubsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer inaccordance with the procedures outlined in 48 CFR 2009.570-9.
(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposalstherefore (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract.Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technicalconsulting or management support services work or evaluation activities under this contract on any of its products orservices or the products or services of another firm if the contractor has been substantially involved in thedevelopment or marketing of the products or services.
(1) If the contractor, under this contract, prepares a complete or essentially complete statement of work orspecifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based onthe statement of work or specifications. The contractor may not incorporate its products or services in the statementof work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in thisparagraph do not apply.
(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the
Government.
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C.17 2052.211-71 TECHNICAL PROGRESS REPORT (JAN 1993)
The contractor shall provide a monthly Technical Progress Report to the project officer and the contracting officer.The report is due within 15 calendar days after.the end of the report period and must identify the title of the project, thecontract number, appropriate financial tracking code specified by the NRC Project Officer, project manager and/orprincipal investigator, the contract period of performance, and the period covered by the report. Each report mustinclude the following for each discrete task/task order:
(a) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanationprovided;
(b) Any problems or delays encountered or anticipated and recommendations for resolution, If the recommendedresolution involves a contract modification, e.g., change in work requirements, level of effort (cost) or schedule delay,the contractor shall submit a separate letter to the contracting officer identifying the required change and estimatedcost impact.
(c) A summary of progress to date; and
(d) Plans for the next reporting period.
C.18 2052.215-70 KEY PERSONNEL (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work hereunder:
The contractor agrees that personnel may not be removed from the contract work or replaced without compliance withparagraphs (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable forwork under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially lesseffort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify thecontracting officer and shall, subject to the con-currence of the contracting officer, promptly replace the personnel withpersonnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of thecircumstances necessitating the proposed substitutions. The request must also contain a complete resume for theproposed substitute and other information requested or needed by the contracting officer to evaluate the proposedsubstitution. The contracting officer and the project officer shall evaluate the contractor's request and the contractingofficer shall promptly notify the contractor of his or her decision in writing.
(d) If the contracting officer determines that suitable and timely replacement of key personnel who have beenreassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, orthat the resultant reduction of productive effort would be so substantial as to impair the successful completion of thecontract or the service order, the contract may be terminated by the contracting officer for default or for theconvenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition,
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the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultantdelay, loss, or damage.
C.19 PROJECT OFFICER AUTHORITY ALTERNATE 2 (FEBRUARY 2004)
(a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:
Name: James Griffin
Address:U.S. Nuclear Regulatory CommissionTechnical Training CenterOsborne Office Center, Suite 2005746 Marlin RoadChattanooga, TN 37411-5677
Telephone Number: 423-855-6515
E-mail: [email protected]
(b) The; project officer shall:
(1) Monitor contractor performance and recommend changes in requirements to the contracting officer.
(2) Inspect and accept products/services provided under the contract.
(3) Review all contractor invoices/vouchers requesting payment for products/services provided under the contractand make recommendations for approval, disapproval, or suspension.
(4) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail) when acontractor employee no longer requires access authorization and return of any NRC issued badge to SB/DFS withinthree days after their termination.
(c) The project officer may not make changes to the express terms and conditions of this contract.
C.20 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT -ALTERNATE 1 (OCT 1999)
(a) Total expenditure for travel may not exceed $20,000 without the prior approval of the contracting officer.
(b) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval of OfficialForeign Travel, and must be in compliance with FAR 52.247-63 Preference for U.S. Flag Air Carriers. The contractorshall submit NRC Form 445 to the NRC no later than 30 days prior to the commencement of travel.
(c) The contractor will be reimbursed only for those travel costs incurred that are directly related to this contract andwhich are allowable subject to the limitations prescribed in FAR 31.205-46.
(d) It is the responsibility of the contractor to notify the contracting officer in accordance with the FAR Limitations ofCost clause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor toexceed the travel ceiling amount identified in paragraph (a) of this clause.
(e) Reasonable travel costs for research and related activities performed at State and nonprofit institutions, inaccordance with Section 12 of Pub. L. 100-679, shall be charged in accordance with the contractor's institutional
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policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded.Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMBCircular A-1 22, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for EducationalInstitutions.
C.21 SEAT BELTS
Contractors, subcontractors, and grantees, are encouraged to adopt and enforce on-the-job seat belt policies andprograms for their employees when operating company-owned, rented, or personally owned vehicles.
C.22 COMPLIANCE WITH U.S. IMMIGRATIONLAWS AND REGULATIONS
. NRC contractors are responsible to ensure that their alien personnel are not in violation of United States Immigrationand Naturalization (INS) laws and regulations, including employment authorization documents and visa requirements.Each alien employee of the Contractor must be lawfully admitted for permanent residence as evidenced by AlienRegistration Receipt Card Form 1-151 or must present other evidence from the Immigration and NaturalizationServices that employment will not affect his/her immigration status. The INS Office of Business Liaison (OBL)provides information to contractors to help them understand the employment eligibility verification process for non-UScitizens. This information can be found on the INS website,http://www.ins.usdoj.gov/graphics/services/employerinfo/index.htm#obl.
The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or its equipment/services,and/or take any number of contract administrative actions (e.g., disallow costs, terminate for cause) should theContractor violate the Contractor's responsibility under this clause.
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NRC-38-10-703
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
Attachment I -Attachment II -Attachment III -
Fixed Price Billing Instructions48 CFR Part 2009 - Organizational Conflicts of InterestNRC Form 187 Contract Security and/or Classification Requirements
45
NRC-38-10-703
ATTACHMENT I
BILLING INSTRUCTIONS FORFIXED PRICE CONTRACTS (JUNE 2008)
General: During performance and through final payment of this contract, the contractor is responsible for the accuracy andcompleteness of data within the Central Contractor Registration (CCR) database and for any liability resulting from theGovernment's reliance on inaccurate or incomplete CCR data.
The contractor shall prepare vouchers/invoices as prescribed herein. FAILURE TO SUBMIT VOUCHERS/INVOICES INACCORDANCE WITH THESE INSTRUCTIONS WILL 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, "PublicVoucher for Purchases and Services Other than 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/invoice includes the purchase of any property with aninitial acquisition cost of $50,000 or more, a copy of the signed original is also required.
Desicqnated Agency Billing Office: The preferred method of submitting vouchers/invoices is electronically to the Department of theInterior at NRCPayments(nbc.gov
If the voucher/invoice includes the purchase of any property with an initial acquisition cost of $50,000 or more, a copy of thesigned original shall be electronically sent to: Propertvynrc.gov
However, if you submit a hard-copy of the voucher/invoice, it shall be submitted to the following address:Department of the InteriorNational Business CenterAttn: Fiscal Services Branch - D27707301 West Mansfield AvenueDenver, CO 80235-2230
If you submit a hard-copy of the voucher/invoice and it includes the purchase of any property with an initial acquisition cost of$50,000 or more, a copy of the signed original shall 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
Agency Payment Office: Payment will continue to be made by the office designated in the contract in Block 12 of the StandardForm 26, Block 25 of the Standard Form 33, or Block 18a. of the Standard Form 1449, whichever is applicable.
Frequency: The contractor shall submit a voucher/invoice only after the NRC's final acceptance of services rendered or productsdelivered in performance of the contract unless otherwise specified in the contract.
Preparation and Itemization of the Voucher/Invoice: The voucher/invoice shall be prepared in ink or by typewriter (without strike-overs). Corrections or erasures must be initialed. To be considered a proper voucher/invoice, all of the following elements mustbe included:
1. Contractor's Data Universal Number (DUNS) or DUNS+4 number that identifies the contractor's name and address. TheDUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the contractor toidentify alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
46
NRC-38-10-703
2. Contract number.
3. Sequential voucher/invoice number.
4. Date of voucher/invoice.
5. Payee's name and address. Show the name of the Payee as it appears in the contract and its correct address. If thePayee assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Payeeshall require as a condition of any such assignment, that the assignee shall register separately in the Central ContractorRegistration (CCR) database at http://www.ccr.gov and shall be paid by EFT in accordance with the terms of this contract.See Federal Acquisition Regulation 52.232-33(g) Payment by Electronic Funds Transfer - Central Contractor Registration(October 2003).
6. A description of articles or services, quantity, unit price, and total amount:
7. For contractor acquired property, list each item with an initial acquisition cost of $50,000 or more and provide: (1) an itemdescription, (2) manufacturer, (3) model number, (4) serial number, (5) acquisition cost, (6) date of purchase, and(7) a copy of the purchasing document.
8. Weight and zone of shipment, if shipped by parcel post.
9. Charges for freight or express shipments. Attach prepaid bill if shipped by freight or express.
10. Instructions to consignee to notify the Contracting Officer of receipt of shipment.
11. For Indefinite Delivery contracts or contracts under which progress payments are authorized, the final voucher/invoiceshall be marked "FINAL VOUCHER" OR "FINAL INVOICE."
Currency: Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records andpayments will be made in that currency. However, the U.S. dollar equivalent for all vouchers/invoices paid under the contract maynot exceed the total U.S. dollars authorized in the contract.
Supersession: These instructions supersede any previous billing instructions.
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ATTACHMENT II
[Code of Federal Regulations][Title 48, Volume 6][Revised as of October 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 48CFR2009.570-I]
[Page 516]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 20--NUCLEAR REGULATORY COMMISSION
PART 2009--CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2009.5--Organizational Conflicts of Interest
Sec. 2009.570-1 Scope of policy.
(a) It is the policy of NRC to avoid, eliminate, or neutralizecontractor organizational conflicts of interest. The NRC achieves this..objective by requiring all prospective contractors to submitinformationdescribing relationships, if any, with organizations or persons(including those regulated by the NRC) which may give rise to actual orpotential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest determinations cannot be madeautomatically or routinely. The application of sound judgment onvirtually a case-by-case basis is necessary if the policy is to beapplied to satisfy the overall public interest. It is not possible toprescribe in advance a specific method or set of criteria which wouldserve to identify and resolve all of the contractor conflict ofinterestsituations that might arise. However, examples are provided in theregulations in this chapter to guide application of this policyguidance. The ultimate test is as follows: Might the contractor, ifawarded the contract, be placed in a position where its judgment may bebiased, or where it may have an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart appliesto contractors and offerors only. Individuals or firms who have otherrelationships with the NRC (e.g., parties to a licensing proceeding)arenot covered by the regulations in this chapter. This rule does notapplyto the acquisition of consulting services through the personnelappointment process. NRC agreements with other Govern ment agencies,international organizations, or state, local, or foreign Governments.Separate procedures for avoiding conflicts of interest will be employedin these agreements, as appropriate.
[Code of Federal Regulations][Title 48, Volume 6][Revised as of October 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 48CFR2009.570-2]
[Page 516-5,17]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 20--NUCLEAR REGULATORY COMMISSION
PART 2009--CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2009.5--Organizational Conflicts of Interest
Sec. 2009.570-2 Definitions.
Affiliates means business concerns which are affiliates of eachother when either directly or indirectly one concern or individualcontrols or has the power to control another, or when a third partycontrols or has the power to control both.
Contract means any contractual agreement or other arrangement with.the NRC except as provided in 2009.570-1(c).
Contractor means any person, firm, unincorporated association,jointventure, co-sponsor, partnership, corporation, affiliates thereof, ortheir successors in interest, including their chief executives,directors, key personnel (identified in the contract), proposedconsultants or subcontractors, which are a party to a contract with theNRC.
Evaluation activities means any effort involving the appraisal of atechnology, process, product, or policy.
Offeror or prospective contractor means any person, firm,unincorporated association, joint venture, co-sponsor, partnership,corporation, or their affiliates or successors in interest, includingtheir chief executives, directors, key personnel, proposed consultants,or subcontractors, submitting a bid or
[[Page 517]]
proposal, solicited or unsolicited, to the NRC to obtain a contract.Organizational conflicts of interest means that a relationship
exists whereby a contractor or prospective contractor has present orplanned interests related to the work to be performed under an NRCcontract which:
(1) May diminish its capacity to give impartial, technically sound,objective assistance and advice, or may otherwise result in a biasedwork product; or
(2) May result in its being given an unfair competitive advantage.Potential conflict of interest means that a factual situation
existsthat suggests that an actual conflict of interest may arise from awardof a proposed contract. The term potential conflict of interest is usedto signify those situations that--
(1) Merit investigation before contract award to ascertain whetheraward would give rise to an actual conflict; or
(2) Must be reported to the contracting officer for investigationifthey arise during contract performance.
Research means any scientific or technical work involvingtheoretical analysis, exploration, or experimentation.
Subcontractor means any subcontractor of any tier who performs workunder a contract with the NRC except subcontracts for supplies andsubcontracts in amounts not exceeding $10,000.
Technical consulting and management support services means internalassistance to a component of the NRC in the formulation oradministration of its programs, projects, or policies which normallyrequire that the contractor be given access to proprietary informationor to information that has not been made available to the public. Theseservices typically include assistance in the preparation of programplans, preliminary designs, specifications, or statements of work.
[Code of Federal Regulations][Title 48, Volume 6][Revised as of October 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 48CFR2009.570-3]
[Page 517-520]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 20--NUCLEAR REGULATORY COMMISSION
PART 2009--CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2009.5--Organizational Conflicts of Interest
Sec. 2009.570-3 Criteria for recognizing contractor organizationalconflicts of interest.
(a) General. (1) Two questions will be asked in determining whetheractual or potential organizational conflicts of interest exist:
(i) Are there conflicting roles which might bias an offeror's orcontractor's judgment in relation to its work for the NRC?
(ii) May the offeror or contractor be given an unfair competitiveadvantage based on the performance of the contract?
(2) NRC's ultimate determination that organizational conflicts ofinterest exist will be made in light of common sense and good businessjudgment based upon the relevant facts. While it is difficult toidentify and to prescribe in advance a specific method for avoiding allof the various situations or relationships that might involve potentialorganizational conflicts of interest, NRC personnel will pay particularattention to proposed contractual requirements that call for therendering of advice, consultation or evaluation activities, or similaractivities that directly lay the groundwork for the NRC's decisions onregulatory activities, future procurements, and research programs. Anywork performed at an applicant or licensee site will also be closelyscrutinized by the NRC staff.
(b) Situations or relationships. The following situations orrelationships may give rise to organizational conflicts of interest:
(1) The offeror or contractor shall disclose information that maygive rise to organizational conflicts of interest under the followingcircumstances. The information may include the scope of work orspecification for the requirement being performed, the period ofperformance, and the name and telephone number for a point of contactatthe organization knowledgeable about the commercial contract.
(i) Where the offeror or contractor provides advice andrecommendations to the NRC in the same technical area where it is alsoproviding consulting assistance to any organization regulated by theNRC.
(ii) Where the offeror or contractor provides advice to the NRC onthe same or similar matter on which it is also providing assistance toany organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products orservices,
[[Page 518]]
or has been substantially involved in the development or marketing ofthe products or services of another entity.
(iv) Where the award of a contract would result in placing theofferor or contractor in a conflicting role in which its judgment maybebiased in relation to its work for the NRC, or would result in anunfaircompetitive advantage for the offeror or contractor.
(v) Where the offeror or contractor solicits or performs work at anapplicant or licensee site while performing work in the same technicalarea for the NRC at the same site.
(2) The contracting officer may request specific information fromanofferor or contractor or may require special contract clauses such asprovided in 2009.570-5(b) in the following circumstances:
(i) Where the offeror or contractor prepares specifications thatareto be used in competitive procurements of products or services coveredby the specifications.
(ii) Where the offeror or contractor prepares plans for specificapproaches or methodologies that are to be incorporated intocompetitiveprocurements using the approaches or methodologies.
(iii) Where the offeror or contractor is granted access toinformation not available to the public concerning NRC plans, policies,or programs that could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access toproprietary information of its competitors.
(v) Where the award of a contract might result in placing theofferor or contractor in a conflicting role in which its judgment maybebiased in relation to its work for the NRC or might result in an unfaircompetitive advantage for the offeror or contractor.
(c) Policy application guidance. The following examples areillustrative only and are not intended to identify and resolve allcontractor organizational conflict of interest situations.
(1) (i) Example. The ABC Corp., in response to a Request ForProposal(RFP), proposes to undertake certain analyses of a reactor component ascalled for in the RFP. The ABC Corp. is one of several companiesconsidered to be technically well qualified. In response to the inquiryin the RFP, the ABC Corp. advises that it is currently performingsimilar analyses for the reactor manufacturer.
(ii) Guidance. An NRC contract for that particular work normallywould not be awarded to the ABC Corp. because the company would beplaced in a position in which its judgment could be biased inrelationship to its work for the NRC. Because there are other well-qualified companies available, there would be no reason for consideringa waiver of the policy.
(2) (i) Example. The ABC Corp., in response to an RFP, proposes toperform certain analyses of a reactor component that is unique to onetype of advanced reactor. As is the case with other technicallyqualified companies responding to the RFP, the ABC Corp. is performingvarious projects for several different utility clients. None of the ABC
Corp. projects have any relationship to the work called for in the RFP.Based on the NRC evaluation, the ABC Corp. is considered to be the bestqualified company to perform the work outlined in the RFP.
(ii) Guidance. An NRC contract normally could be awarded to the ABCCorp. because no conflict of interest exists which could motivate biaswith respect to the work. An appropriate clause would be included inthecontract to preclude the ABC Corp. from subsequently contracting forwork with the private sector that could create a conflict during theperformance of the NRC contract. For example, ABC Corp. would beprecluded from the performance of similar work for the companydeveloping the advanced reactor mentioned in the example.
(3) (i) Example. The ABC Corp., in response to a competitive RFP,submits a proposal to assist the NRC in revising NRC's guidancedocuments on the respiratory protection requirements of 10 CFR part 20.ABC Corp. is the only firm determined to be technically acceptable. ABCCorp. has performed substantial work for regulated utilities in thepastand is expected to continue similar efforts in the future. The work hasand will cover the writing, implementation, and administration ofcompliance respiratory protection programs for nuclear power plants.
[[Page 519]]
(ii) Guidance. This situation would place the firm in a role whereits judgment could be biased in relationship to its work for the NRC.Because the nature of the required work is vitally important in termsofthe NRC's responsibilities and no reasonable alternative exists, awaiver of the policy, in accordance with 2009.570-9 may be warranted.Any waiver must be fully documented in accordance with the waiverprovisions of this policy with particular attention to theestablishmentof protective mechanisms to guard against bias.
(4) (i) Example. The ABC Corp. submits a proposal for a new systemtoevaluate a specific reactor component's performance for the purpose ofdeveloping standards that are important to the NRC program. The ABCCorp. has advised the NRC that it intends to sell the new system toindustry once its practicability has been demonstrated. Other companiesin this business are using older systems for evaluation of the specificreactor component.
(ii) Guidance. A contract could be awarded to the ABC Corp. if thecontract stipulates that no information produced under the contractwillbe used in the contractor's private activities unless this informationhas been reported to the NRC. Data on how the reactor componentperforms, which is reported to the NRC by contractors, will normally bedisseminated by the NRC to others to preclude an unfair competitiveadvantage. When the NRC furnishes information about the reactorcomponent to the contractor for the performance of contracted work, theinformation may not be used in the contractor's private activitiesunless the information is generally available to others. Further, thecontract will stipulate that the contractor will inform the NRCcontracting officer of all situations in which the information,developed about the performance of the reactor component under thecontract, is proposed to be used.
(5) (i) Example. The ABC Corp., in response to a RFP, proposes toassemble a map showing certain seismological features of theAppalachianfold belt. In accordance with the representation in the RFP and2009.570-3(b) (1) (i), ABC Corp. informs the NRC that it is presentlydoing seismological studies for several utilities in the eastern UnitedStates, but none of the sites are within the geographic areacontemplated-by the NRC study.
(ii) Guidance. The contracting officer would normally conclude thataward of a contract would not place ABC Corp. in a conflicting rolewhere its judgment might be biased. Section 2052.209-72(c) Work forOthers, would preclude ABC Corp. from accepting work which could createa conflict of interest during the term of the NRC contract.
(6) (i) Example. AD Division of ABC Corp., in response to a RFP,submits a proposal to assist the NRC in the safety and environmentalreview of applications for licenses for the construction, operation,anddecommissioning of fuel cycle facilities. ABC Corp. is divided into twoseparate and distinct divisions, AD and BC. The BC Division performsthesame or similar services for industry. The BC Division is currentlyproviding the same or similar services required under the NRC'scontractfor an applicant or licensee.
(ii) Guidance. An NRC contract for that particular work would notbeawarded to the ABC Corp. The AD Division could be placed in a positionto pass judgment on work performed by the BC Division, which could biasits work for NRC. Further, the Conflict of Interest provisions apply toABC Corp. and not to separate or distinct divisions within the company.If no reasonable alternative exists, a waiver of the policy could besought in accordance with 2009.570-9.
(7)'(i) Example. The ABC Corp. completes an analysis for NRC ofsteamgenerator tube leaks at one of a utility's six sites. Three monthslater, ABC Corp. is asked by this utility to perform the same analysisat another of its sites.
(ii) Guidance. Section 2052.290-72(c) (3) would prohibit thecontractor from beginning this work for the utility until one yearaftercompletion of the NRC work at the first site.
(8) (i) Example. ABC Corp. is assisting NRC in a major on-siteanalysis of a utility's redesign of the common areas between its twinreactors. The contract is for two years with an estimated
[[Page 520]]
value of $5 million. Near the completion of the NRC work, ABC Corp.requests authority to solicit for a $100K contract with the sameutilityto transport spent fuel to a disposal site. ABC Corp. is performing noother work for the utility.
(ii) Guidance. The Contracting Officer would allow the contractortoproceed with the solicitation because it is not in the same technicalarea as the NRC work; and the potential for technical bias by the
contractor because of financial ties to the utility is slight due totherelative value of the two contracts.
(9) (i) Example. The ABC Corp. is constructing a turbine buildingandinstalling new turbines at a reactor site. The contract with theutilityis for five years and has a total value of $100 million. ABC Corp. hasresponded to an NRC Request For Proposal requiring the contractor toparticipate in a major team inspection unrelated to the turbine work atthe same site. The estimated value of the contract is $75K.
(ii) Guidance. An NRC contract would not normally be awarded to ABCCorp. because these factors create the potential for financial loyaltyto the utility that may bias the technical judgment of the contractor.
(d) Other considerations. (1) The fact that the NRC can identifyandlater avoid, eliminate, or neutralize any potential organizationalconflicts arising from the performance of a contract is not relevant toa determination of the existence of conflicts prior to the award of acontract.
(2) It is not relevant that the contractor has the professionalreputation of being able to resist temptations which arise fromorganizational conflicts of interest, or that a follow-on procurementisnot involved, or that a contract is awarded on a competitive or a solesource basis.
correct the omission.
[Code of Federal Regulations][Title 48, Volume 61[Revised as of October 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 48CFR2009.570-4]
[Page 520]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 20--NUCLEAR REGULATORY COMMISSION
PART 2009--CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2009.5--Organizational Conflicts of Interest
Sec. 2009.570-4 Representation.
(a) The following procedures are designed to assist the NRCcontracting officer in determining whether situations or relationshipsexist which may constitute organizational conflicts of interest withrespect to a particular offeror or contractor. The procedures apply tosmall purchases meeting the criteria stated in the following paragraph(b) of this section.
(b) The organizational conflicts of interest representationprovision at 2052.209-71 must be included in solicitations andcontractsresulting from unsolicited proposals. The contracting officer must alsoinclude this provision for task orders and contract modifications fornew work for:
(1) Evaluation services or activities;(2) Technical consulting and management support services;(3) Research; and(4) Other contractual situations where special organizational
conflicts of interest provisions are noted in the solicitation andwouldbe included in the resulting contract. This representation requirementalso applies to all modifications for additional effort under thecontract except those issued under the ''Changes'' clause. Where,however, a statement of the type required by the organizationalconflicts of interest representation provisions has previously beensubmitted with regard to the contract being modified, only an updatingof the statement is required.
(c) The offeror may, because of actual or potential organizationalconflicts of interest, propose to exclude specific kinds of workcontained in a RFP unless the RFP specifically prohibits the exclusion.Any such proposed exclusion by an offeror will be considered by the NRCin the evaluation of proposals. If the NRC considers the proposedexcluded work to be an essential or integral part of the required workand its exclusion would be to the detriment of the competitive postureof the other offerors, the NRC shall reject the proposal asunacceptable.
(d) The offeror's failure to execute the representation required byparagraph (b) of this section with respect to an invitation for bids isconsidered to be a minor informality. The offeror will be permitted to
[Code of Federal Regulations][Title 48, Volume 6][Revised as of October 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 48CFR2009.570-5]
,[Page 520-521]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 20--NUCLEAR REGULATORY COMMISSION
PART 2009--CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2009.5--Organizational Conflicts of Interest
Sec. 2009.570-5 Contract clauses.
(a) General contract clause. All contracts and simplifiedacquisitions of the types set forth in 2009.570-4(b) must
[[Page 521]]
include the clause entitled, ''Contractor Organizational Conflicts ofInterest,'' set forth in 2052.209-72.
(b) Other special contract clauses. If it is determined from thenature of the proposed contract that an organizational conflict ofinterest exists, the contracting officer may determine that theconflictcan be avoided, or, after obtaining a waiver in accordance with2009.570-9, neutralized through the use of an appropriate specialcontract clause. If appropriate, the offeror may negotiate the termsandconditions of these clauses, including the extent and time period ofanyrestriction. These clauses include but are not limited to:
(1) Hardware exclusion clauses which prohibit the acceptance ofproduction contracts following a related non-production contractpreviously performed by the contractor;
(2) Software exclusion clauses;(3) Clauses which require the contractor (and certain of its key
personnel) to avoid certain organizational conflicts of interest; and(4) Clauses which provide for protection of confidential data and
guard against its unauthorized use.
[Code of Federal Regulations][Title 48, Volume 6][Revised as of October 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 48CFR2009.570-6]
[Page 521]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 20--NUCLEAR REGULATORY COMMISSION
PART 2009--CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2009.5--Organizational Conflicts of Interest
Sec. 2009.570-6 Evaluation, findings, and contract award.
The contracting officer shall evaluate all relevant facts submittedby an offeror and other relevant information. After evaluating thisinformation against the criteria of 2009.570-3, the contracting officershall make a finding of whether organizational conflicts of interestexist with respect to a particular offeror. If it has been determinedthat real or potential conflicts of interest exist, the contractingofficer shall:
(a) Disqualify the offeror from award;(b) Avoid or eliminate such conflicts by appropriate measures; or(c) Award the contract under the waiver provision of 2009.570-9.
ATTACHMENT II
[Code of Federal Regulations][Title 48, Volume 6][Revised as of October 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 48CFR2009.570-l]
[Page 516]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 20--NUCLEAR REGULATORY COMMISSION
PART 2009--CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2009.5--Organizational Conflicts of Interest
Sec. 2009.570-1 Scope of policy.
(a) It is the policy of NRC to avoid, eliminate, or neutralizecontractor organizational conflicts of interest. The NRC achieves thisobjective by requiring all prospective contractors to submitinformationdescribing relationships, if any, with organizations or persons(including those regulated by the NRC) which may give rise to actual orpotential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest determinations cannot be madeautomatically or routinely. The application of sound judgment onvirtually a case-by-case basis is necessary if the policy is to beapplied to satisfy the overall public interest. It is not possible toprescribe in advance a specific method or set of criteria which wouldserve to identify and resolve all of the contractor conflict ofinterestsituations that might arise. However, examples are provided in theregulations in this chapter to guide application of this policyguidance. The ultimate test is as follows: Might the contractor, ifawarded the contract, be placed in a position where its judgment may bebiased, or where it may have an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart appliesto contractors and offerors only. Individuals or firms who have otherrelationships with the NRC (e.g., parties to a licensing proceeding)arenot covered by the regulations in this chapter. This rule does notapplyto the acquisition of consulting services through the personnelappointment process. NRC agreements with other Govern ment agencies,international organizations, or state, local, or foreign Governments.Separate procedures for avoiding conflicts of interest will be employedin these agreements, as appropriate.
[Code of Federal Regulations][Title 48, Volume 6][Revised as of October 1, 20031From the U.S. Government Printing Office via GPO Access[CITE: 48CFR2009.570-7]
[Page 521]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 20--NUCLEAR REGULATORY COMMISSION
PART 2009--CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2009.5--Organizational Conflicts of Interest
Sec. 2009.570-7 Conflicts identified after award.
If potential organizational conflicts of interest are identifiedafter award with respect to a particular contractor and the contractingofficer determines that conflicts do exist and that it would not be inthe best interest of the Government to terminate the contract, asprovided in the clauses required by 2009.570-5, the contracting officershall take every reasonable action to avoid, eliminate, or, afterobtaining a waiver in accordance with 2009.570-9, neutralize theeffectsof the identified conflict.
[Code of Federal Regulations][Title 48, Volume 6]-[Revised as of October 1, 2003]From the U.S. Government Printing Office via GPO Access[CITE: 48CFR2009.570-8]
[Page 521]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 20--NUCLEAR REGULATORY COMMISSION
PART 2009--CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2009.5--Organizational Conflicts of Interest
Sec. 2009.570-8 Subcontracts.
The contracting officer shall require offerors and contractors tosubmit a representation statement from all subcontractors (other than asupply subcontractor) and consultants performing services in excess of$10,000 in accordance with 2009.570-4(b). The contracting officer shallrequire the contractor to include contract clauses in accordance with2009.570-5 in consultant agreements or subcontracts involvingperformance of work under a prime contract.
U j~V
NRC FORM 187
NRCMD 12
U.S. NUCLEAR REGULATORY COMMISSION AUTHORITYMThe poaces,. • rocedures, and criteria of theNRC .Secudty Program, NRCMD 12, apply toperformance of this contract, sub:ontract orother activity.CONTRACT SECURITY AND/OR
CLASSIFICATION REQUIREMENTS COMPLETE CLASSIFIED ITEMS BYSEPARATE CORRESPONDENCE
1. CONTRACTOR NAME AD ADDRESS A. CONTRACT NUMBER FOR COMMERCIAL.CONTRACTs OR JOB CODE FOR DOE 2. TYPE OFPROJECTS (Prime contract number must be shown AO Afor all suticontract.)
","," "- , 38-10-703 ,B. REVISED (s -deses allB. PROJECTED C. PROJECTED L_ previous submissions)
START DATE COMPLETION DATE
03/29/2010 06/30/2011 D C. OTHER(Specfy)
3. FOR FOLLOW-ON CONTRACT, ENTER PRECEDING CONTRACT NUMBER AND PROJECTED COMPLETION DATEA. DOES NOT APPLY B. CONTRACT NUMBER
4. PROJECT TITLE AND OTHER IDENTIFYING INFORMATION
New Reactor Control Room Simulator and Westinghouse Upgrade
S. PERFORMANCE WILL REQUIRE NATIONAL sECURITY RESTRICTED DATAA. ACCESS TO CLASSIFIED MATTER OR CLASSIFIED INFORMATION N NOT • DATA
F] YES (If "YES,- answer 1-7 below) APPLICABLE 1NO f5SECRET CONFIDENTIAL SECRET CONFIDENTIALNo (if NO,- prqceed to 5C.)
1. ACCESS TO FOREIGN INTELLIGENCE INFORMATION []l[] [] [I F[]2. RECEIPT. STORAGE, OR OTHER SAFEGUARDING OF
CLASSIFIED MATTER. (See 5.B.) .__..
3. GENERATION OF CLASSIFIED MATTER;- E -]
4. ACCESS TO CRYPTOGRAPHIC MATERIAL OR OTHER-
CLASSIFIED COMSEC INFORMA'nON. El- D L L5. ACCESS TO CLASSIFIED MATTER OR CLASSIFIED
INFORMATION PROCESSED BY ANOTHER AGENCY. E___ _ _ R EC6. CLASSIFIED USE OF AN INFORMATION TECHNOLOGY
PROCESSING SYSTEM. El [-1 .-- [1 E:
7. OTHER (Specify) .... Li-
B, IS FACILIIY CLEARANCE REQUIRED7? ] YES NO
C. -- UNESCORTED ACCESS IS REQUIRED TO NUCLEAR POWER G. E- REQUIRE OPERATION OF GOVERNMENT-VEHICLES ORE] PLN• S .SORTO. ." TRANSPORT PASSENGERS FOR THE NRC.
D. A CCESSIS REQUIRED TO UNCLASSIFIED SAFEGUARDS H. • H WILL OPERATE HAZARDOUS EQUIPMENT AT NRCSINFORMATIONCL FACILmES.
• ACCESS IS REQUIRED TO SENSITIVE IT SYSTEMS AND L ] REQUIRED TO CARRY FREARMS.JDATA.I. I L E] REUIE TO CAR FIREARMS. :
F. UNESCORTED ACCSS, J1 NRC, HLAUIQUARTERS P FOUND TO USE OR ADMIT TO USE or ILLEGAL DRUG&
F D BUILDING. Eli TO USE-R.ADMIT.TO US O I .
FOR PROCEDURES AND REQUIREMENTS ON PRCVIDING TEMPORARYAND: FINAL APPROVAL FOR UNESCORTED ACCESS, REF ER TO NRCMD 12.
NOTE.':IMMEDIATELY NOTIFY DRUG PROGRAM. STAFF IF. BOX:5A,::C, D,.G, H, I, OR J IS CHECKED.
NRC FORM 187 (7-2008) PRINTDON RECYCLED PAPE•R
6.-8.- INFORMATIlON PERTAINING TO THESEREQUIREMENTS OR THIS PROJECT, EVEN THOUGH SUCH INFORMATION IS CONSIDERED UNCLASSIFIED.SHALL NOT BE RELEASED FOR DISSEMINATION EXCEPT AS APPROVED BY:
NAME AND TITLE jSIGNA[)7E DATE
James Griffin, Senior SimniiatorFn-gmneer/Pr oject Officer c/
T . CLASSIFICATION GUIDANCENATURE OF CLASSIFIED GUIDANCE IDENTIFICATION OF CLASSIFICATION GUIDES
N/A
8. CLASSIFIED REVIEW OF CONTRACTOR I SUBCONTRACTOR REPORT(S) AND OTHER DOCUMENTS WILL BECONDUCTED' BY:
[] AUTHORIZED CLASSIFIER (Name and Tide) D DIVISION OF FACILMES AND SECURITY
9. REQUIRED DISTRIBUTION OF NRC FORM 187 Check appropriate box(es)
SPOQNSORING NRC OFFICE OR DIVSION (Item IPA) DIVISION OF CONTRACTS AND PROPERTY MANAGEMENT
DIVISION OF FACILITIES AND SECURITY (Item 10B) [] CONTRACTOR (Item 1)
,] SECURIY/CLASSIFI•CATlON REQUIREMENTS FOR SUBCONTRACTS RESULTING FROMTHis CONTRACT WILL BEAPPROVED BY THE-OFFICIAL NAMED IN ITEMS 10B AND 10C BELO0W..
10. APPROVALS'SECURITYICLASSIFICATION REQUIREMENTS FOR SUBCONTRACTS RESULTING FROM THIS CONTRACT WIL.LB BE APPROVED BY THE' OFFICIALS NAMED INITEMS IOB AND OC.BELOW.
NAME (Print or type) SIGNATURE DATEA. DIRECTOR, OFFICE OR DIVISION-SGAR DATE
Jody Hulds~onB. DIRECTOR, DIVSION OF FACILITIES AND SECURITY G RE DATE.
.Robert: Webber.,Dj~. cro!; ,Dfs/6 _ ___
C. DIRECTOR, DIVISION OF CONTRACTS AND PAOPERTY MANAGEMENT SIGNATURE DT(Not applIcable to DOE agreemients) --
i~B~Wi~ (¶~k~d- ~' ~ Ufl/~ ~1.- ŽREMAARKS
