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FAGS CFSOLICITATIONIGONTRACT ORDER FOR COMMERCIAL ITEMSOFFEROR TO COMPLE-TE BLOCKS 12.17. 23, 24, E 30
2, CONTRACT NO, 1. AWAROT 4T ORCER •NUM EENRC-HQ-84 -15-C-0O 1•Fll• A I
I. RBOUI$SITIOIT NUIIIIITRocMCO-15-0 080 S1 I 54NR 9. SOLICITA•iON NIE R1 9., SOUITA•ONNRC-EQaS-BA-. -R-0019 ISsueoDrr
I08/04/2015I091301201517. FOR, -OLICITATION
INFORIIATION CALL:
S .. O E H N . ... .IE I ' T ~E IE N F E U ... . .. ... ....... .NAME
ER IRA EAI*I 301-28-0954 T'9. iSSUBO2 BY
No- RCHQ 15., THIS ACOUISITION IS AX• UNRESTRICTED O•R SCTASIDS: % FOr%.
US NRC - EQACQUTS]TTON MlANAGEMENT DIVISIONMAIL STOP TWJFN-5E03WASHINGTON DC 20555- '001
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i•SEE SCHEDULE
135. THIS CON'TRACT IS ARATED ORDER UNDEROFAS.[l5 CFR 750)
129, RlATINE
14, MEh*TOD OF ;SOCICTATION•
US NRC TECHNICAL TRAINING CENTEROSBORNE OFFICE CENTER5146 MARLIN ROAD SUITE 2009HATTANOOGA TN 37411....5677
19. RONTHISTERtO B'I'
coc• [NRCHQUS NRC - HQACQUISITION =MANAGEMENT DIVISION'M£AIL STOP TWFN-5E03WASHiINGTON DC 20555-0001
IE& PAYMIlNT SILL ES MADE BY17a. CONTP-~'rmFACTORJ COE I0625 112+ 6 FACILIIIoo
EbECTRIC POWER RESEA•RCH NSTITUTE INC
3420 HhILLV1EW AVEPALO ALTO CA 943041338
TELEPHONE NO,
coCE jyRC PAYMENTS
US NUCLEAR REGULATORY COMMISS IONONE WHITE FLINT NORTH15I55 ROCKVILL=E P1KE
sATLSTOP O3-E17ANRCPAYNENTSNRCGOVROCKVILLE MD. 20852-2733
+----------------- .-----.--------152 SUBMIT INVOICES TOA)SBS OATS IN IIWCII 190 UNLESE 5l.UI.EI EELU~'ill 7b 15K Ir II ITTANCE IS OSFIEIETAIJD PlIT SUCHACONESE IN OFFE.R 19 ONSCKED I +EE ADENDUM~
lIS i 20. 21, 23. 52. 24.ITEM NO.! SCHEOUI• S CS SUNPTUDS SERVICES QUANETITY UNIT UNIT P14109 AM•OUNT
iThe contract~or shall provide all resoulrcesl(personnel and materials} as necessary to furnish
the services identified in the state~men, of Workentiti.Led "Fressurire Water Reactor (PWR)Internals Vessel Inspection Course", in Section Bof this contract.
(Use Reverse anrI/or Atteci Ad4ia•oIa1 Sh~e~ts 5. Necess~sA____ I______________25. ACCOUNTING ANDAPPROPRIA'ITON DATA 2..9!. TOTAL AWARO/L'OUNTr (For Coi4 UEs Ooly)205X20FEAE-S-4D0;I1N!719-5 $I5887,003.00
1..:279. SOLICITATION iN11ORPORATES SY REFERENCE FAR 52.2121. 52:2124. FAR,5;•2t2-3 AND 52,212-5 ARE A'Tt'AOHEQ. ADDENDA '..ARE•:: ARE rOT ATTAC ao,.
[: 27b COTJC!LRHS ORDER INCORPORATES'SY REFERENCE FAR 52;212-4. FAR 52.212-S IS ATTACHED. ADDENDA !X ARE ,. ARE NOTA TAOIED.
1 28+ CONTRACTOR IS RFUI1REO TO SIGN TH{IS 000W, ENTAND REmTURN - -_ _ 29. AWARD OF CONTRACT: REP.+ .... OFFERCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER•.... DATED . YOUR OFFER ON SOL~i~fATION (BLOCK 5k
ALL ITEMS-SET FORT- OR OTHERWISE IDENTIFIED AEOVEANO ONANY ADDITONAL .- INC LUDOING ANYADITIONS OR CHANGES WHI-IO ARE SET" FORTHSHEETS SUBJECT TO THE TERMS AND CONOITFIO S SP'ECFIED. HER•N 1 SACCEPTED AS TO ITEM4S:
S•b'END•tO3IG.IETWOT::) )nAT SHBED 5lb".NA£*F CONItHAUTINU3OFFICER (Typeo .,5n)+1=DT •NEDa'vid T. Morrison 0:221STFflAfl 5O•A iAA W .T212
PREVIOUS EDITON IS HOt' USABLE
TEMPU TE -. 1? O1SUNSI REVIEW COMPL rt
Pnoscelbod by GSA -FAR (45 CFR) 52.212
OCT - 12015
19,ITEM NO.
2 ot 54
20.SCHEDULE OF SUPPLIES/SERVICES QUANTITY UITui
23.UNIT PRICE
24.AMOUNT
I I. .4-4 I.
32a. QUANTITY IN COLUMN 21 HAS BEEN
[] RECEIVED H] INSPECTED H] ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIPIED 35. PAYMENT 37. CHECK NUMBERCORRECT FOR
H] COMPLETE H] PARTIAL H] FINALH] PARTIAL H] FINAL
38. S/R ACCOUNT NUMB•ER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT _42a. RECEIVED BY (Print)
41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE _______________________________
42b. RECEIVED AT (Location)
42c. DATE REC'D(YY/MM/DD) J42d. TOTAL CONTAINERS
STANDARD FORM 1449 IREV. 2102 BACR
NRC-HQ-84-1 5-C-0011I
SECTION A - Solicitation/Contract Form................................................... 5SECTION B - Supplies or ServiceslPrices ................................................. 5NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION......................... 5NRCB080 CONSIDERATION AND OBLIGATION-FIRM-FIXED-PRICE.................. 5SECTION C - Description/Specifications................................................... 7SECTION D - Packaging and Marking ..................................................... 10NRCD020 BRANDING ........................................................................ 10NRCD010 PACKAGING AND MARKING................................................... 10SECTION E - Inspection and Acceptance................................................. 1152.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998).................. 11NRCE01 0 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)............... 11SECTION F - Deliveries or Performance .................................................. 1252.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998).................. 12NRCF030D PERIOD OF PERFORMANCE ALTERNATE IV ............................. 12SECTION G - Contract Administration Data.............................................. 13NRCG20 REGISTRATION IN FEDCONNECT® (JULY 2014) ........................... 13NRCG030 ELECTRONIC PAYMENT (SEP 2014) ......................................... 14SECTION H - Special Contract Requirements............................................ 1552.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998).................. 132009.570 NRC ORGANIZATIONAL CONFLICTS OF INTEREST........................ 152009.570-1 SCOPE OF POLICY ............................................................. 152009.570-2 DEFINITIONS..................................................................... 152009.570-3 CRITERIA FOR RECOGNIZING CONTRACTOR ORGANIZATIONAL CONFLICTS OFINTEREST ...................................................................................... 162009.570-4 REPRESENTATION ............................................................. 192009.570-5 CONTRACT CLAUSES ......................................................... 202009.570-6 EVALUATION, FINDINGS, AND CONTRACT AWARD ..................... 212009.570-7 CONFLICTS IDENTIFIED AFTER AWARD................................... 212009.570-8 SUBCONTRACTS ............................................................... 212009.570-9 WAIVER .......................................................................... 212009.570-10 REMEDIES...................................................................... 212052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993) 222052.215-70 KEY PERSONNEL. (JAN 1993) .............................................. 24NRCH410 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOREMPLOYEES ........ .......................................................................... 25SECTION I - Contract Clauses.............................................................. 2752.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (MAY 2015) Error!Bookmark not defined.52.21 2-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OREXECUTIVE ORDERS - COMMERCIAL ITEMS. (MAY 2015) - ALTERNATE II (JUL 2015) Error!Bookmark not defined.52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)Error! Bookmark not defined.SECTION J - List of Documents, Exhibits and Other Attachments................... 42SECTION K - Representations, Certifications, and Other Statements of BiddersError! Bookmark notdefined.52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014)Error! Bookmark notdefined.52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS. (MAR 2015).............................................................. Error! Bookmark not defined.
Page 3 of 54
NRC-HQ-84-1 5-C-0011I
2052.209-70 CURRENTIFORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT 1999)Error! Bookmark notdefined.2052.209-71 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (REPRESENTATION). (OCT1999) ......................................................... Error! Bookmark not defined.SECTION L - Instructions,Conditions, and Notices to BiddersError! Bookmark not defined.52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (APR 2014)Error! Bookmark notdefined.52.233-2 SERVICE OF PROTEST. (SEP 2006) .......... Error! Bookmark not defined.52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998) Error!Bookmark not defined.NRCL220C PROPOSAL PRESENTATION AND FORMAT (SEP 2012) - ALTERNATE III (FORCOMMERCIAL ITEM CONTRACTS)...................... Error! Bookmark not defined.SECTION M - Evaluation Factors for Award............ Error! Bookmark not defined.52.21 2-2 EVALUATION - COMMERCIAL ITEMS. (OCT 2014)Error! Bookmark not defined.2052.21 5-79 CONTRACT AWARD AND EVALUATION OF PROPOSALS. (OCT 1999)Error! Bookmark notdefined.
Page 4 of 54
' NRC-HQ-84-1 5-C-0011I
SECTION A - SolicitationlContract Form
SEE FORM ON FRONT
SECTION B - Supplies or ServiceslPrices
NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION
(a) The title of this project is:Pressurized Water Reactor (PWR) Internals Vessel Inspection Course
(b) Summary work description:The purpose of this contract is to provide the Electric Power Research Institute's (EPRI) MaterialsReliability Program (MRP) Division's Pressurized Water Reactor (PWR) internals vessel inspection (lVl)course to United States Nuclear Regulatory Commission (USNRC) inspector personnel. The course willinclude access to a PWR vessel mockup facility suitable for hands on observation of reactor vesselinternal components and experience in underwater examination techniques. Upon completion of thetraining, the NRC staff will have critical knowledge of PWR internals inspection techniques andrequirements essential to preparing thorough and well-informed safety evaluations of the submittals.
NRCB080 CONSIDERATION AND OBLIGATION-FIRM-FIXED-PRICE
The total amount of the Firm-Fixed-Price portion of this contract is NOT-TO-EXCEED $887,003, and thisamount is fully-funded.
PRICING SCHEDULE
All unit prices are fixed unit prices that include all costs (including, but not limited to: labor, fringe benefits,overhead, G&A, and profit) necessary to provide the training services required in the solicitation and resultingcontract.
The line items indicated below are line items that may be ordered throughout the duration of the contract.
Base Period - September 30. 2015 - September 29; 2016
Item Course Titles . Unit I nit Price*Number iIu s I
0001 PWR Internals Vessel Inspection Course Course_ __ I/_.____I_
Option Period I - September 30. 2016 - September 29 21
Item Course Titles t Uni._t nitrce
Number{Core______0001 PWR Internals Vessel Inspection Course Course ________
Option Period 2 - September 30, 2017 - September 29 21
Item Course Titles TUnit Unit Price*Number Cours
0001 PWR Internals Vessel Inspection Course Course_.
Option Period 3 - September 30. 2018 - September 29, 2019Page 5 of 54
NRC-HQ-84-1 5-C-0011I
r Item Course Titles Uni._t UntPieS0001 PWR Internals Vessel Inspection Course Course
I ~ Other Direct Costs (ODCs **
ODC0001 Travel $50,000 (Not-To-Exceed)
Total (Inclusive of Base + Option Periods + ODCs):Not To Exceed (NTE) $887,003.00
NOTE:* Prices shall include any and all participant materials associated with the training;** Other Direct Costs (QOCs) - Travel: The contractors travel must be pre-approved in writing in accordancewith USNRC Government Travel Regulations.
Page 6 of 54
L
NRC-HQ-84-1 5-C-0011I
SECTION C - Description/Specifications
PWR Internals Vessel Inspection Course
BACKGROUND
The Electric Power Research Institute (EPRI) has developed a Materials Reliability Program (MRP) courserelated to the reactor vessel internal inspection requirements for Pressurized Water Reactors. The purpose ofthe course is to provide hands on experience with component configuration, potential component damagemechanisms, inspection requirements and inspection techniques for each of the reactor vessel internalcomponents for which there are inspection requirements. This training is conducted at a facility which supportsa reactor vessel internal environment in which underwater remote visual examination techniques can beexperienced by the attendees. This training is regularly conducted for industry nondestructive examinationexperts, refueling floor managers, outage managers, component engineers, senior plant managers, and INPOpersonnel.
Since October, 2006, a similar course for boiling water reactor internals has been conducted several times forNRC Regional Staff, RES and NRR. These courses have resulted in very positive course evaluations fromNRC personnel.
CONTRACT OBJECTIVES
The purpose of this contract is to provide this MRP PWR internals vessel inspection (IVI) course for NRCpersonnel to attend. The course will include access to a PWR vessel mockup facility suitable for hands onobservation of reactor vessel internal components and experience in underwater examination techniques.
DESCRIPTION OF THE SCOPE OF WORK
Each two and one half day course shall contain classroom and laboratory presentations as follows:
Classroom presentations and discussion to include:
First Day Agenda for course starting on a Monday
* Morning
- Safety brief
- Introductions
- PWR Internals Description and Function Overview
- MRP-227 Guideline Overview
- MRP-228 Guideline Overview
*Afternoon
- MRP-228 General Procedures
- Implementation Requirements
Page 7 of 54
L
NRC-HQ-84-1 5-C-0011I
- Visit the Technical Training Center and witness demonstrations of: remote visual inspectionequipment set up, visual system resolution check, and ultrasonic examination of bolts. Safetyshoes required.
Second Day Agenda
* Morning
- Safety brief
- Overview of the B & W Primary & Expansion Components
- Overview of the CE Primary & Expansion Components
* Afternoon
- Visit the Technical Training Center and perform visual examinations of mockups. Safety shoesrequired.
•Operate subhmarine
* Run visual inspection station
* Operate pole cameras
* Perform UT of bolts
Third Day Agenda
* Morning
- Safety brief
Overview of the Westinghouse Primary & Expansion Components
-Review recorded inspections from previous day
-Overview of Lessons Learned, new techniques, and Operational Experience
- Course review
- Q &Asession "
AdjournThe course curriculum and content shall be based on and incorporate the most recent revision of the followingdocuments:
* MRP-227-A, 'Materials Reliability Program: Pressurized Water Reactor Internals Inspection andEvaluation Guidelines" 1022863
• MRP-228, Rev I "Materials Reliability Program: Inspection Standard for PWR Internals - 2012Update" 1025147
Page 8 of 54
NRC-HQ-84-1 5-C-0011I
DELIVERABLESTwo (2) courses in one week (each two and one-half days long and 15 attendees) shall be delivered for up to30 attendees. Each course will be conducted at a facility, chosen by EPRI that provides reactor vessel internalcomponents to view as well as a reactor vessel internal environment in which underwater remote visualexamination techniques can be experienced by the attendees. A training manual and DVD that includes thetraining materials shall be provided to each participant.
KEY PERSONNEL
The personnel conducting the training shall have knowledge and experience in the use and application of thecourse references described above: Jack Spanner
MEETINGS AND TRAVEL
Within ten (10) days of contract award, a teleconference meeting between the NRC Contractor OfficerRepresentative (COR) and the Contractor shall be held to coordinate project details. Within thirty (30) days ofcontract award, the NRC COR and the Contractor shall agree on the specific training program presenters, thelocation(s) and dates for conducting the training in 2015.
The Contractor shall be responsible for all temporary living expenses (lodging and per-diem) and travelexpenses incurred by the presentation staff. The contractor shall submit itemized receipts for travel expenseswhen invoicing the NRC for reimbursement.
The Contractor shall be responsible for all expenses incurred relating to acquiring a location suitable for thetraining.
NRC FURNISHED MATERIALS AND EQUIPMENT
Safety shoes
Page 9 of 54
NRC-HQ-84-1 5-C-0011I
SECTION 0 - Packaging and Marking
NRCD020 BRANDING
The Contractor is required to use the statement below in any publications, presentations, articles, products, ormaterials funded under this contract/order, to the extent practical, in order to provide NRC with recognition forits involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, thenthe contractor must acknowledge that information in its documentation/presentation.
Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of the Chief Human CapitalOfficer (OCHCO), under Contract/order number NRC-HQ-84-15-C-O011.
(End of Clause)
NRCDO1O PACKAGING AND MARKING
(a) The Contractor shall package material for shipment to the NRC in such a manner that will ensureacceptance by common carrier and safe delivery at destination. Containers and closures shall comply with theSurface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers asapplicable to the mode of transportation.
(b) On the front of the package, the Contractor shall clearly identify the contract number under which the
product is being provided.
(c) Additional packaging and/or marking requirements are as follows: N__A.
(End of Clause)
Page 10 of 54
NRC-HQ-84-1 5-C-001 1
SECTION E - Inspection and Acceptance
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they weregiven in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of aclause may be accessed electronically at this/these address(es): http://www.arnet.,qov/far
62.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)
NRCE010 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRCContracting Officer's Representative (COR) at the destination, accordance with FAR 52.247-34 - F.o.b.Destination.
Contract Deliverables:1. Two (2) courses in one week time span (each at a length of two and one-held days for 15 attendees.
(End of Clause)
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NRC-HQ-84-1 5-C-0011I
SECTION F - Deliveries or Performance
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they weregiven in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of aclause may be accessed electronically at this/these address(es): http://www.arnet.ciov/far
52.242-15 STOP-WORK ORDER. (AUG 1989)
52.247-34 F.O.B. DESTINATION. (NOV 1991)
52.247-48 F.O.B. DESTINATION - EVIDENCE OF SHIPMENT. (FEB 1999)
NRCF030D PERIOD OF PERFORMANCE ALTERNATE IV
The ordering period for this contract shall commence on September 30. 2015 and will expire on September29, 2016. Any orders issued during this period shall be completed within the time specified in the order, unlessotherwise specified herein. (See 52.216-18 - Ordering.) The term of this contract may be extended at theoption of the Government for an additional four (6) years.
Base Period:Option Period 1:Option Period 2:Option Period 3:
(End of Clause)
September 30, 2015 - September 29, 2016September 30, 2016 - September 29, 2017September 30, 2017 - September 29, 2018September 30, 2018 - September 29, 2019
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N RC-HQ-84-1 5-C-0011I
SECTION G - Contract Administration Data
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they weregiven in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of aclause may be accessed electronically at this/these address(es): http:l/www.arnet..Qov/far
2052.215-71 PROJECT OFFICER AUTHORITY. (OCT 1999) - ALTERNATE II (OCT 1999)
(a) The contracting officer's authorized representative, hereinafter referred to as the project officer, for thiscontract is:
Name: Robert MaloneEmail Address: Robert.Malone(,nrc.povTelephone Number: 423-855-6677
(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 thecontract and make recommendations for approval, disapproval, or suspension.
(c) The project officer may not make changes to the express terms and conditions of this contract.
*To be incorporated into any resultant contract
(End of Clause)
2052.21 5-78 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) - ALTERNATE I (OCT 1999)
(a) Total expenditure for travel may not exceed $50,000.00. over the life of the contract, without the priorapproval of the contracting officer.
(b) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval ofOfficial Foreign Travel, and must be in compliance with FAR 52.247-63 Preference for U.S. Flag Air Carriers.The contractor shall submit NRC Form 445 to the NRC no later than 30 days prior to the commencement oftravel.
(c) The contractor will be reimbursed only for travel costs incurred that are directly related to this contract andare 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 FARLimitations of Cost clause of this contract when, at any time, the contractor learns that travel expenses willcause the contractor to exceed the travel ceiling amount identified in paragraph (a) of this clause.
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NRC-HQ-84-1 5-0-0011I
(e) Reasonable travel costs for research and related activities performed at State and nonprofit institutions, inaccordance with Section 12 of Pub. L. 100-679, must be charged in accordance with the contractor'sinstitutional policy to the degree that the limitations of Office of Management and Budget (0MB) guidance arenot exceeded. Applicable guidance documents include 0MB Circular A-87, Cost Principles for State and LocalGovernments; 0MB Circular A-122, Cost Principles for Nonprofit Organizations; and 0MB Circular A-21, CostPrinciples for Educational Institutions.
*To be incorporated into any resultant contract
(End of Clause)
NRGG20 REGISTRATION IN FEDCONNECT® (JULY 2014)
The Nuclear Regulatory Commission (NRC) uses Compusearch Software Systems' secure and auditable two-way web portal, FedConnect®, to communicate with vendors and contractors. FedConnect® provides bi-directional communication between the vendor/contractor and the NRC throughout pre-award, award, andpost-award acquisition phases. Therefore, in order to do business with the NRC, vendors and contractorsmust register to use FedConnect® at https://www.fedconnect.net/FedConnect. The individual registering inFedConnect® must have authority to bind the vendor/contractor. There is no charge for using FedConnect®.Assistance with FedConnect® is provided by Compusearch Software Systems, not the NRC. FedConnect®contact and assistance information is provided on the FedConnect® web site athttps://www.fedconnect.net/FedConnect.
NRCG030 ELECTRONIC PAYMENT (SEP 2014)
The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made byElectronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled "Payment byElectronic Funds-Central Contractor Registration".
T~o receive payment, the contractor shall prepare invoices in accordance with NRC's Billing instructions.Claims shall be submitted on the payee's letterhead, invoice, or on the Government's Standard Form 1034,"Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucherfor Purchases Other than Personal - Continuation Sheet." The preferred method of submitting invoices iselectronically to: NRCPayments(~nrc.,aov.
(End of Clause)
Page 14 of 54
NRC-HQ-84-1 5-C-0011I
SECTION H - Special Contract Requirements
2009.570 NRC ORGANIZATIONAL CONFLICTS OF INTEREST.
2009.570-1 SCOPE OF POLICY.
(a) It is the policy of NRC to avoid, eliminate, or neutralize contractor organizational conflicts of interest. TheNRC achieves this objective by requiring all prospective contractors to submit information describingrelationships, if any, with organizations or persons (including those regulated by the NRC) which may give riseto actual or potential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest determinations cannot be made automatically or routinely. The application ofsound judgment on virtually a case-by-case basis is necessary if the policy is to be applied to satisfy the overallpublic interest. It is not possible to prescribe in advance a specific method or set of criteria which would serveto identify and resolve all of the contractor conflict of interest situations that might arise. However, examplesare provided in these regulations to guide application of this policy guidance. The ultimate test is as follows:Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased, orwhere it may have an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. Individuals orfirms who have other relationships with the NRC (e.g., parties to a licensing proceeding) are not covered bythis regulation. This rule does not apply to the acquisition of consulting services through the personnelappointment process, NRC agreements with other Government agencies, international organizations, or state,local, or foreign Governments. Separate procedures for avoiding conflicts of interest will be employed in theseagreements, as appropriate.
2009.570-2 DEFINITIONS.
Affiliates means business concerns which are affiliates of each other when either directly or indirectly oneconcern or individual controls or has the power to control another, or when a third party controls or has thepower to control both.
Contract means any contractual agreement or other arrangement with the NRC except as provided in2009.570-.1(c).
Contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership,corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, keypersonnel (identified in the contract), proposed consultants or subcontractors, which are a party to a contractwith the NRC.
Evaluation activities means any effort involving the appraisal of a technology, 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, including their chief executives,directors, key personnel, proposed consultants, or subcontractors, submitting a bid or proposal, solicited orunsolicited, to the NRC to obtain a contract.
Organizational conflicts of interest means that a relationship exists whereby a contractor or prospectivecontractor has present or planned interests related to the work to be performed under an NRC contract which:
Page 15 of 54
NRC-HQ-84-1 5-C-0011I
(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice, or mayotherwise result in a biased work product; or
(2) May result in its being given an unfair competitive advantage.
Potential conflict of interest means that a factual situation exists that suggests that an actual conflict of interestmay arise from award of a proposed contract. The term potential conflict of interest is used to signify thosesituations that
(1) Merit investigation before contract award to ascertain whether award would give rise to an actual conflict; or
(2) Must be reported to the contracting officer for investigation if they arise during contract performance.
Research means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
Subcontractor means any subcontractor of any tier who performs work under a contract with the NRC exceptsubcontracts for supplies and subcontracts in amounts not exceeding $10,000.
Technical consulting and management support services means internal assistance to a component of the NRCin the formulation or administration of its programs, projects, or policies which normally require that thecontractor be given access to proprietary information or to information that has not been made available to thepublic. These services typically include assistance in the preparation of program plans, preliminary designs,specifications, or statements of work.
2009.570-3 CRITERIA FOR RECOGNIZING CONTRACTOR ORGANIZATIONAL CONFLICTS OFINTEREST.
(a) General.
(1) Two questions will be asked in determining whether actual or potential organizational conflicts of interest
exist:
(i) Are there conflicting roles which might bias an offeror's or contractor's judgment in relation to its Work for the
NRC?
(ii) May the offeror or contractor be given an unfair competitive advantage based on the performance of thecontract?
(2) NRC's ultimate determination that organizational conflicts of interest exist will be made in light of commonsense and good business judgment based upon the relevant facts. While it is difficult to identify and toprescribe in advance a specific method for avoiding all of the various situations or relationships that mightinvolve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposedcontractual requirements that call for the rendering of advice, consultation or evaluation activities, or similaractivities that directly lay the groundwork for the NRC's decisions on regulatory activities, future procurements,and research programs. Any work performed at an applicant or licensee site will also be closely scrutinized bythe NRC staff.
(b) Situations or relationships. The following situations or relationships may give rise to organizational conflictsof interest:
(1) The offeror or contractor shall disclose information that may give rise to organizational conflicts of interestunder the following circumstances. The information may include the scope of work or specification for the
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requirement being performed, the period of performance, and the name and telephone number for a point ofcontact at the organization knowledgeable about the commercial contract.
(i) Where the offeror or contractor provides advice and recommendations to the NRC in the same technicalarea where it is also providing consulting assistance to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter on which it is alsoproviding assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or has been substantially involved inthe development or marketing of the products or services of another entity.
(iv) Where the award of a contract would result in placing the offeror or contractor in a conflicting role in whichits judgment may be biased in relation to its work for the NRC, or would result in an unfair competitiveadvantage for the offeror or contractor.
(v) Where the offeror or contractor solicits or performs work at an applicant or licensee site while performingwork in the same technical area for the NRC at the same site.
(2) The contracting officer may request specific information from an offeror or contractor or may require specialcontract clauses such as provided in 2009.570-5(b) in the following circumstances:
(i) Where the offeror or contractor prepares specifications that are to be used in competitive procurements ofproducts or services covered by the specifications.
(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to beincorporated into competitive procurements using the approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRCplans, policies, or programs that could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might result in placing the offeror or contractor in a conflicting role in whichits judgment may be biased in relation to its work for the NRC or might result in an unfair competitiveadvantage for the offeror or contractor.
(c) Policy application guidance. The following examples are illustrative only and are not intended to identify andresolve all contractor organizational conflict of interest situations.
(1)(i) Example. The ABC Corp., in response to a Request For Proposal (REP), proposes to undertake certainanalyses of a reactor component as called for in the REP. The ABC Corp. is one of several companiesconsidered to be technically well qualified. In response to the inquiry in the REP, the ABC Corp. advises that itis currently performing similar analyses for the reactor manufacturer.
(ii) Guidance. An NRC contract for that particular work normally would not be awarded to the ABC Corp.because the company would be placed in a position in which its judgment could be biased in relationship to itswork for the NRC. Because there are other well-qualified companies available, there would be no reason forconsidering a waiver of the policy.
(2)(i) Example. The ABC Corp., in response to an REP, proposes to perform certain analyses of a reactorcomponent that is unique to one type of advanced reactor. As is the case with other technically qualified
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companies responding to the RFP, the ABC Corp. is performing various projects for several different utilityclients. None of the ABC Corp. projects have any relationship to the work called for in the RFP. Based on theNRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined inthe REP.
(ii) Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interestexists which could motivate bias with respect to the work. An appropriate clause would be included in thecontract to preclude the ABC Corp. from subsequently contracting for work with the private sector that couldcreate a conflict during the performance of the NRC contract. For example, ABC Corp. would be precludedfrom the performance of similar work for the company developing the advanced reactor mentioned in theexample.
(3)(i) Example. The ABC Corp., in response to a competitive REP, submits a proposal to assist the NRC inrevising NRC's guidance documents on the respiratory protection requirements of 10 CFR Part 20. ABC Corp.is the only firm determined to be technically acceptable. ABC Corp. has performed substantial work forregulated utilities in the past and is expected to continue similar efforts in the future. The work has andlwillcover the writing, implementation, and administration of compliance respiratory protection programs for nuclearpower plants.
(ii) Guidance. This situation would place the firm in a role where its judgment could be biased in relationship toits work for the NRC. Because the nature of the required work is vitally important in terms of the NRC'sresponsibilities and no reasonable alternative exists, a waiver of the policy, in accordance with 2009.570-9 maybe warranted. Any waiver must be fully documented in accordance with the waiver provisions of this policy withparticular attention to the establishment of protective mechanisms to guard against bias.
(4)(i) Example. The ABC Corp. submits a proposal for a new system to evaluate a specific reactor component'sperformance for the purpose of developing standards that are important to the NRC program. The ABC Corp.has advised the NRC that it intends to sell the new system to industry once its practicability has beendemonstrated. Other companies in this business are using older systems for evaluation of the specific reactorcomponent.
(ii) Guidance. A contract could be awarded to the ABC Corp. if the contract stipulates that no informationproduced under the contract will be used in the contractor's private activities unless this information has beenreported to the NRC. Data on how the reactor component performs, which is reported to the NRC bycontractors, will normally be disseminated by the NRC to others to preclude an unfair competitive advantage.When the NRC furnishes information about the reactor component to the contractor for the performance ofcontracted work, the information may not be used in the contractor's private activities unless the information 'isgenerally available to others. Further, the contract will stipulate that the contractor will inform the NRCcontracting officer of all situations in which the information, developed about the performance of the reactorcomponent under the contract, is proposed to be used.
(5)(i) Example. The ABC Corp., in response to a RFP, proposes to assemble a map showing certainseismological features of the Appalachian fold belt. In accordance with the representation in the REP and2009.570-3(b)(1)(i), ABC Corp. informs the NRC that it is presently doing seismological studies for severalutilities in the eastern United States, but none of the sites are within the geographic area contemplated by theNRC study.
(ii) Guidance. The contracting officer would normally conclude that award of a contract would not place ABCCorp. in a conflicting role where its judgment might be biased. Section 2052.209-72(c) Work for Others, wouldpreclude ABC Corp. from accepting work which could create a conflict of interest during the term of the NRCcontract.
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(6)(i) Example. AD Division of ABC Corp., in response to a REP, submits a proposal to assist the NRC in thesafety and environmental review of applications for licenses for the construction, operation, anddecommissioning of fuel cycle facilities. ABC Corp. is divided into two separate and distinct divisions, AD andBC. The BC Division performs the same or similar services for industry. The BC Division is currently providingthe same or similar services required under the NRC's contract for an applicant or licensee.
(ii) Guidance. An NRC contract for that particular work would not be awarded to the ABC Corp. The ADDivision could be placed in a position to pass judgment on work performed by the BC Division, which couldbias its work for NRC. Further, the Conflict of Interest provisions apply to ABC Corp. and not to separate ordistinct divisions within the company. If no reasonable alternative exists, a waiver of the policy could be soughtin accordance with 2009.570-9.
(7)(i) Example. The ABC Corp. completes an analysis for NRC of steam generator tube leaks at one of autility's six sites. Three months later, ABC Corp. is asked by this utility to perform the same analysis at anotherof its sites.
(ii) Guidance. Section 2052.290-72(c)(3) would prohibit the contractor from beginning this work for the utilityuntil one year after completion of the NRC work at the first site.
(8)(i) Example. ABC Corp. is assisting NRC in a major on-site analysis of a utility's redesign of the commonareas between its twin reactors. The contract is for two years with an estimated value of $5 million. Near thecompletion of the NRC work, ABC Corp. requests authority to solicit for a $1 00K contract with the same utilityto transport spent fuel to a disposal site. ABC Corp. is performing no other work for the utility.
(ii) Guidance. The Contracting Officer would allow the contractor to proceed with the solicitation because it isnot in the same technical area as the NRC work; and the potential for technical bias by the contractor becauseof financial ties to the utility is slight due to the relative value of the two contracts.
(9)(i) Example. The ABC Corp. is constructing a turbine building and installing new turbines at a reactor site.The contract with the utility is for five years and has a total value of $100 million. ABC Corp. has responded toan NRC Request For Proposal requiring the contractor to participate in a major team inspection unrelated tothe turbine work at the same site. The estimated value of the contract is $75K.
(ii) Guidance. An NRC contract would not normally be awarded to ABC Corp. because these factors create thepotential for financial loyalty to the utility that may bias the technical judgment of the contractor.
(d) Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizationalconflicts arising from the performance of a contract is not relevant to a determination of the existence ofconflicts prior to the award of a contract.
(2) It is not relevant that the contractor has the professional reputation of being able to resist temptations whicharise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contractis awarded on a competitive or a sole source basis.
2009.570-4 REPRESENTATION.
(a) The following procedures are designed to assist the NRC contracting officer in determining whethersituations or relationships exist which may constitute organizational conflicts of interest with respect to aparticular offeror or contractor. The procedures apply to small purchases meeting the criteria stated in thefollowing paragraph (b) of this section.
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(b) The organizational conflicts of interest representation provision at 2052.209-71 must be included insolicitations and contracts resulting from unsolicited proposals. The contracting officer must also include thisprovision for task orders and contract modifications for new 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 thesolicitation and would be included in the resulting contract. This representation requirement also applies to allmodifications for additional effort under the contract except those issued under the "Changes" clause. Where,however, a statement of the type required by the organizational conflicts of interest representation provisionshas previously been submitted with regard to the contract being modified, only an updating of the statement isrequired.
(c) The offeror may, because of actual or potential organizational conflicts of interest, propose to excludespecific kinds of work contained in a REP unless the RFP specifically prohibits the exclusion. Any suchproposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRCconsiders the proposed excluded work to be an essential or integral part of the required work and its exclusionwould be to the detriment of the competitive posture of the other offerors, the NRC shall reject the proposal asunacceptable.
(d) The offeror's failure to execute the representation required by paragraph (b) of this section with respect toan invitation for bids is considered to be a minor informality. The offeror will be permitted to correct theomission.
2009.570-5 CONTRACT CLAUSES.
(a) General contract clause. All contracts and simplified acquisitions of the types set forth in 2009.570-4(b)must include the clause entitled, "Contractor Organizational Conflicts of Interest," set forth in 2052.209-72.
(b) Other special contract clauses. If it is determined from the nature of the proposed contract that anorganizational conflict of interest exists, the contracting officer may determine that the conflict can be avoided,or, after obtaining a waiver in accordance with 2009.570-9, neutralized through the use of an appropriatespecial contract clause. If appropriate, the offeror may negotiate the terms and conditions of these clauses,including the extent and time period of any restriction. These clauses include but are not limited to:
(1) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related non-production contract previously performed by the contractor;
(2) Software exclusion clauses;
(3) Clauses which require the contractor (and certain of its key personnel) to avoid certain organizationalconflicts of interest; and
(4) Clauses which provide for protection of confidential data and guard against its unauthorized use.
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2009.570-6 EVALUATION, FINDINGS, AND CONTRACT AWARD.
The contracting officer shall evaluate all relevant facts submitted by an offeror and other relevant information.After evaluating this information against the criteria of 2009.570-3, the contracting officer shall make a findingof whether organizational conflicts of interest exist with respect to a particular offeror. If it has been determinedthat real or potential conflicts of interest exist, the contracting officer shall:
(a) Disqualify the offeror from award;
(b) Avoid or eliminate such conflicts by appropriate measures; or
(c) Award the contract under the waiver provision of 2009.570-9.
2009.570-7 CONFLICTS IDENTIFIED AFTER AWARD.
If potential organizational conflicts of interest are identified after award with respect to a particular contractorand the contracting officer determines that conflicts do exist and that it would not be in the best interest of theGovernment to terminate the contract, as provided in the clauses required by 2009.570-5, the contractingofficer shall take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with2009.570-9, neutralize the effects of the identified conflict.
2009.570-8 SUBCONTRACTS.
The contracting officer shall require offerors and contractors to submit a representation statement from allsubcontractors (other than a supply subcontractor) and consultants performing services in excess of $10,000in accordance with 2009.570-4(b). The contracting officer shall require the contractor to include contractclauses in accordance with 2009.570-5 in consultant agreements or subcontracts involving performance ofwork under a prime contract.
2009.570-9 WAIVER.
(a) The contracting officer determines the need to seek a waiver for specific contract awards with the adviceand concurrence of the program office director and legal counsel. Upon the recommendation of the SeniorProcurement Executive, and after consultation with legal counsel, the Executive Director for Operations maywaive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
(b) Waiver action is strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program;
(2) The work cannot be satisfactorily performed except by a contractor whose interests give rise to a questionof conflict of interest.
(3) Contractual and/or technical review and surveillance methods can be employed by the NRC to neutralizethe conflict.
(c) The justification and approval documents for any waivers must be placed in the NRC Public Document
Room.
2009.570-10 REMEDIES.
In addition to other remedies permitted by law or contract for a breach of the restrictions in this subpart or for
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any intentional misrepresentation or intentional nondisclosure of any relevant interest required to be providedfor this section, the NRC may debar, the contractor from subsequent NRC contracts.
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 thiscontract.
(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48CFR 2009.570-2 in the activities covered by this clause.
(c) Work for others.
(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agreesto forego entering into consulting or other contractual arrangements with any firm or organization the result ofwhich may give rise to a conflict of interest with respect to the work being performed under this contract. Thecontractor shall ensure that all employees under this contract abide by the provision of this clause. If thecontractor has reason to believe, with respect to itself or any employee, that any proposed consultant or othercontractual arrangement with any firm or organization may involve a potential conflict of interest, the contractorshall obtain the written approval of the contracting officer before the execution of such contractualarrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an•NRC audit, inspection, or review where the activities that are the subject of the audit, inspection, or review arethe same as or substantially similar to the services within the scope of this contract (or task order asappropriate) except where the NRC licensee or applicant requires the contractor's support to explain or defendthe contractor's prior work for the utility or other entity which NRC questions.
(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site,the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee orapplicant organization for a period commencing with the award of the task order or beginning of work on thesite (if not a task order contract) and ending one year after completion of all work under the associated taskorder, or last time at the site (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any 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 thesituation will not pose a potential for technical bias or unfair competitive advantage.
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(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth inthis contract, 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 organizatio)nal 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 theGovernment.
(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 willdisclose all proposed new work involving NRC licensees or applicants which comes within the scope of work ofthe underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractoragrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. Thisdisclosure must be made before the submission of a bid or proposal to the utility or other regulated entity andmust be received by the NRC at least 15 days before the proposed award date in any event, unless a writtenjustification demonstrating urgency and due diligence to discover and disclose is provided by the contractorand approved by the contracting officer. The disclosure must include the statement of work, the dollar value ofthe proposed contract, and any other documents that are needed to fully describe the proposed work for theregulated~ utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRChas issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue atask order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs(c)(2), (c)(3) or (c)(4) of this section.
(e) Access to and use of information.
(1) If, in the performance of this contract, the contractor obtains access to information, such as NRC plans,policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:
(i) Use this information for any private purpose until the information has been released to 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 releaseof the 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 (5U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial informationunder this contract, the contractor shall treat the information in accordance with restrictions placed on use ofthe 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 havebeen met.
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(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, includingthis paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must beappropriately modified to preserve the Government's rights.
(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentationof any relevant interest required to be disclosed concerning this contract or for such erroneous representationsthat necessarily imply bad faith, the Government may terminate the contract for default, disqualify thecontractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Waiver. A request for waiver under this clause must be directed in writing to 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 proposalstherefor (solicited or unsolicited) which stem directly from the contractor's performance of work under thiscontract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not performany technical consulting or management support services work or evaluation activities under this contract onany of its products or services or the products or services of another firm if the contractor has beensubstantially involved in the development or marketing of the products or services.
(1) If the contractor under this contract, prepares a complete or essentially complete statement of work orspecifications, the contractor is not eligible to perform or participate in the initial contractual effort which isbased on the statement of work or specifications. The contractor may not incorporate its products or services inthe statement of work or specifications unless so directed in writing by the contracting officer, in which case therestrictions in this paragraph do not apply.
(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to
the Government.
(End of Clause)
2052.215-70 KEY PERSONNEL. (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work
hereunder:
INSTRUCTOR
*The contractor agrees that personnel may not be removed from the contract work or replaced withoutcompliance with paragraphs (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailablefor work under this contract for a continuous period exceeding 30 work days, or is expected to devotesubstantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shallimmediately notify the contracting officer and shall, subject to the concurrence of the contracting officer,promptly replace the personnel with personnel 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 forthe proposed substitute and other information requested or needed by the contracting officer to evaluate theproposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and
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the contracting officer 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 reasonablyforthcoming, or that the resultant reduction of productive effort would be so substantial as to impair thesuccessful completion of the contract or the service order, the contract may be terminated by the contractingofficer for default or for the convenience of the Government, as appropriate. If the contracting officer finds thecontractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward tocompensate the Government for any resultant delay, loss, or damage.
(End of Clause)
* To be incorporated into any resultant contract
NRGH480 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENTIREMITTANCEADDRESS
The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds bemade by Electronic Funds Transfer. It is the policy of the Nuclear Regulatory Commission to pay governmentvendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15SC of theStandard Form 33 may be disregarded.
(End of Clause)
NRCH410 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR
EMPLOYEES
(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)and subcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, andthe implementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOLProcedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts,DOL procedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part24 entitled: "Your Rights Under the Energy Reorganization Act".
(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor andsubcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting orother employment discrimination practices with respect to compensation, terms, conditions or privileges of theiremployment because the contractor or subcontractor employee(s) has provided notice to the employer,refused to engage in unlawful practices, assisted in proceedings or testified on activities concerning allegedviolations of the Atomic Energy Act of 1954 (as amended) and the Energy Reorganization Act of 1974 (asamended).
(c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performed
under this contract.
(End of Clause)
NRCH340 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS
NRC contractors are responsible to ensure that their alien personnel are not in violation of United Statesimmigration laws and regulations, including employment authorization documents and visa requirements.
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Each alien employee of the Contractor must be lawfully admitted for permanent residence as evidenced byPermanent Resident Form 1-551 (Green Card), or must present other evidence from the U.S. Department ofHomeland Security/U.S. Citizenship and Immigration Services that employment will not affect his/herimmigration status. The U.S. Citizenship and Immigration Services provides information to contractors to helpthem understand the employment eligibility verification process for non-US citizens. This information can befound on their website, http://www.uscis.qov/portal/site/uscis.
The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or itsequipment/services, and/or take any number of contract administrative actions (e.g.', disallow costs, terminatefor cause) should the Contractor violate the Contractor's responsibility under this clause.
(End of Clause)
NRCH310 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS
Annual and final evaluations of contractor performance under this contract will be prepared in accordance withFAR Subpart 42.15, "Contractor Performance Information," normally at or near the time the contractor isnotified of the NRC's intent to exercise the contract option. If the multi-year contract does not have optionyears, then an annual evaluation will be prepared [Insert time for annual evaluation here]. Final evaluations ofcontractor performance will be prepared at the expiration of the contract during the contract closeout process.
The Contracting Officer will transmit the NRC Contracting Officer's Representative's (COR) annual and finalcontractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by thecontractor. The contractor will be permitted ,thirty days to review the document and submit comments, rebuffingstatements, or additional information.
Where a contractor concurs with, or takes no exception to an annual performance evaluation, the ContractingOfficer will consider such evaluation final and releasable for source selection purposes. Disagreementsbetween the parties regarding a performance evaluation will be referred to an individual one level above theContracting Officer, whose decision will be final.
The Contracting Officer will send a copy of the completed evaluation report, marked "Source SelectionInformation", to the contractor's Project Manager for their records as soon as practicable after it has beenfinalized. The completed evaluation report also will be used as a tool to improve communications between theNRC and the contractor and to improve contract performance.
The completed annual performance evaluation will be used to support future award decisions in accordancewith FAR 42.1502 and 42.1503. During the period the information is being used to provide source selectioninformation, the completed annual performance evaluation will be released to only two parties - the Federalgovernment personnel performing the source selection evaluation and the contractor under evaluation if thecontractor does not have a copy of the report already.
(End of Clause)
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SECTION I - Contract Clauses
52.202-1 DEFINITIONS. (NOV 2013)
52.203-3 GRATUITIES. (APR 1984)
52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)
52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPERACTIVITY. (MAY 2014)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (OCT2010)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORMEMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014)
52.204-7 SYSTEM FOR AWARD MANAGEMENT. (JUL 2013)
52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997)
52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (OCT 2009)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2011)
52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)
52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (DEC2007)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)
52.232-1 PAYMENTS. (APR 1984)
52.232-18 AVAILABILITY OF FUNDS. (APR 1984)
52.232-22 LIMITATION OF FUNDS. (APR 1984)
52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)
52.233-1 DISPUTES. (MAY 2014)
52.233-3 PROTEST AFTER AWARD. (AUG 1996)
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52.243-1 CHANGES - FIXED-PRICE. (AUG 1987) - ALTERNATE II (APR 1984)
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (APR 2015)
52.245-1 GOVERNMENT PROPERTY. (APR 2012)
52.245-9 USE AND CHARGES (APR 2012)
52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APR 2012)
52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR 1984)
52.249-14 EXCUSABLE DELAYS. (APR 1984)
52.253-t COMPUTER GENERATED FORMS. (JAN 1991)
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (MAY 2015)
(a) Inspection/A cceptance. The Contractor shall only tender for acceptance those items that conform tothe requirements of this contract. The Government reserves the right to inspect or test any supplies orservices that have been tendered for acceptance. The Government may require repair or replacementof nonconforming supplies or reperformance of nonconforming services at no increase in contract price.If repair/replacement or reperformance will not correct the defects or is not possible, the Governmentmay seek an equitable price reduction or adequate consideration for acceptance of nonconformingsupplies or services. The Government must exercise its postacceptance rights (1) within a reasonabletime after the defect was discovered or should have been discovered; and (2) before any substantialchange occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as aresult of performance of this contract to a bank, trust company, or other financing institution, includingany Federal lending agency in accordance with the Assignment of Claims Act.(31 U.S.C. 3727).However, when a third party makes payment (e.g., use of the Governmentwide commercial purchasecard), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by writtenagreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the partiesto 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 with the clauseat 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 thecontract.
(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 anoccurrence beyond the reasonable control of the Contractor and without its fault or negligence such as,acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity,fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of
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common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it isreasonably possible after the commencement of any excusable delay, setting forth the full particulars inconnection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptlygive written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, ifauthorized) to the address 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;
(iv) Description, quantity, unit of measure, unit price and extended price of the itemsdelivered;
(v) Shipping number and date of shipment, including the bill of lading number and weightof shipment .if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on theinvoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only ifrequired elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for theinvoice to be a proper invoice, the Contractor shall have submitted correct EFTbanking information in accordance with the applicable solicitation provision,contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Systemfor Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived therequirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) andOffice of Management and Budget (0MB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees andagents against liability, including costs, for actual or alleged direct or contributory infringement of, orinducement to infringe, any United States or foreign patent, trademark or copyright, arising out of theperformance of this contract, provided the Contractor is reasonably notified of such claims andproceedings.
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(i) Payment- (1) Items accepted. Payment shall be made for items accepted by the Government thathave been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the PromptPayment 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 appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computedfrom the date of the invoice. For the purpose of computing the discount earned, payment shallbe considered to have been made on the date which appears on the payment check or thespecified payment date if an electronic funds transfer payment is made. -
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoicepayment or that the Government has otherwise overpaid on a contract financing or invoicepayment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with adescription of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneouspayment, liquidation errors, date(s) of overpayment);
(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 ContractingOfficer.
(6) Interest. (i) All amounts that become payable by the Contractor to the GOvernment under thiscontract shall bear simple interest from the date due until paid unless paid within 30 days ofbecoming due. The interest rate shall be the interest rate established by the Secretary of theTreasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amountbecomes due, as provided in (i)(6)(v) of this clause, and then at the 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 adebt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by33.211 if-
(A) The Contracting Officer and the Contractor are unable to reach agreement onthe existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by theContracting Officer within the timeline specified in the demand for payment
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unless the amounts were not repaid because the Contractor has requested aninstallment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previouslydemanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for paymentincluded in the final decision shall identify the same due date as the original demand forpayment.
(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 forpayment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar daysinvolved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from theContractor;
(B) The date of issuance of a Government check to the Contractor from which anamount otherwise payable has been withheld as a credit against the contractdebt; or
(C) The date on which an amount withheld and applied to the contract debt wouldotherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the proceduresprescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of thiscontract.
(I) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to thesupplies provided under this contract shall remain with the Contractor until, and shall pass to theGovernment 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, iftransportation 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 thiscontract, or any part hereof, for its sole convenience. In the event of such termination, the Contractorshall 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 apercentage of the contract price reflecting the percentage of the work performed prior to the notice oftermination, plus reasonable charges the Contractor can demonstrate to the satisfaction of theGovernment using its standard record keeping system, have resulted from the termination. The
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Contractor shall not be required to comply with the cost accounting standards or contract cost principlesfor this purpose. This paragraph does not give the Government any right to audit the Contractor'srecords. The Contractor shall not be paid for any work performed or costs incurred which reasonablycould have been avoided.
(in) Termination for cause. The Government may terminate this contract, or any part hereof, for causein the event of any default by the Contractor, or if the Contractor fails to comply with any contract termsand conditions, or fails to provide the Government, upon request, with adequate assurances of futureperformance. In the event of termination for cause, the Government shall not be liable to the Contractorfor any amount for supplies or services not accepted, and the Contractor shall be liable to theGovernment for any and all rights and remedies provided by law. If it is determined that theGovernment 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 shallpass to the Government upon acceptance, regardless of when or where the Government takes physicalpossession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantableand fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will notbe liable to the Government for consequential damages resulting from any defect or deficiencies inaccepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federalcontracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hoursand Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating towhistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating toprocurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by givingprecedence in the following order: (1) the schedule of supplies/services; (2) The Assignments,Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to GovernmentContracts, and Unauthorized Obligations 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 Form1449; (8) other documents, exhibits, and attachments; and (9) the specification.
(t) System for Award Management (SAM) (1) Unless exempted by an addendum to this contract, theContractor is responsible during performance and through final payment of any contract for theaccuracy and completeness of the data within the SAM database, and for any liability resulting from theGovernment's reliance on inaccurate or incomplete data. To remain registered in the SAM databaseafter the initial registration, the Contractor is required to review and update on an annual basis from thedate of initial registration or subsequent updates its information in the SAM database to ensure it iscurrent, accurate and complete. Updating information in the SAM does not alter the terms andconditions of this contract and is not a substitute for a properly executed contractual document.
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(2)(i) If a Contractor has legally changed its business name, "doing business as" name, ordivision name (whichever is shown on the contract), or has transferred the assets used inperforming the contract, but has not completed the necessary requirements regarding novationand change-of-name agreements in FAR subpart 42.12, the Contractor shall provide theresponsible Contracting Officer a minimum of one business day's written notification of itsintention to (A) change the name in the SAM database; (B) comply with the requirements ofsubpart 42.12; and (C) agree in writing to the timeline and procedures specified by theresponsible Contracting Officer. The Contractor must provide with the notification sufficientdocumentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of thisclause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, inthe absence of a properly executed novation or change-of-name agreement, the SAMinformation that shows the Contractor to be other than the Contractor indicated in thecontract will be considered to be incorrect information within the meaning of the"Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of thiscontract.
(3) The Contractor shall not change the name or address for EFT payments or manualpayments, as appropriate, in the SAM record to reflect an assignee for the purpose ofassignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separatelyregistered in the SAM database. Information provided to the Contractor's SAM record thatindicates payments, including those made by EFT, to an ultimate recipient other than thatContractor will be considered to be incorrect information within the meaning of the "Suspensionof payment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmationrequirements via SAM accessed through https://www.acquisition.gov.
(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supplyor service acquired under this contract is subject to any End User License Agreement (EULA), Terms ofService (TOS), or similar legal instrument or agreement, that includes any clause requiring theGovernment to indemnify the Contractor or any person or entity for damages, costs, fees, or any otherloss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shallgovern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemedto have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legalinstrument or agreement. If the EULA, TOS, or similar legal instrument or agreement isinvoked through an "1 agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or anyGovernment authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legalinstrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulationsand procedures.
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(v) Incorporation by reference. The Contractor's representations and certifications, including thosecompleted electronically via the System for Award Management (SAM), are incorporated by referenceinto the contract.
52.21 2-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OREXECUTIVE ORDERS - COMMERCIAL ITEMS. (MAY 2015) - ALTERNATE II (JUL 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, whichare incorporated in this contract by reference, to implement provisions of law or Executive ordersapplicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officerhas indicated as being incorporated in this contract by reference to implement provisions of law orExecutive orders applicable to acquisitions of commercial items: (Contracting Officer check asappropriate.)
[](1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), withAlternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[1 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C.3509).
[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Actof 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by theAmerican Recovery and Reinvestment Act of 2009.)
[1 (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) (Reserved)
[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117,section 743 of Div. C).
[] (7) 52.204-1 5, Service Contract Reporting Requirements for Indefinite-Delivery Contracts(JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with ContractorsDebarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL2013) (41 U.S.C. 2313).
[] (10) (Reserved)
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[1 (1 1)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.657a).
[] (i) Alternate I (NOV 2011) of 52.219-3.
~](12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small BusinessConcerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in itsoffer) (15 U.S.C. 657a).
[] (ii) Alternate I (JAN 2011) of 52.219-4.
[] (13) (Reserved)
[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).
[] (ii) Alternate I (OCT 1995) of 52.219-7.
[] (iii) Alternate II (MAR 2004) of 52.219-7.
[.X.. (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and(3)).
[X_] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
[x1 (ii) Alternate I (OCT 2001) of 52.219-9.
[] (iii) Alternate II (OCT 2001) of 52.219-9.
[1 (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011I) (15 U.S.C. 644(r)).
[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011I) (15 U.S.C. 637(a)(14)).
[](20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.637(d)(4)(F)(i)).
[1 (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV2011) (15 U.S.C. 657f).
[1 (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C.632(a)(2)).
[1 (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned SmallBusiness (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).
[I] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) ConcernsEligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).
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[] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O.13126).
IX] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[_X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
[] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
[]1(30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
11 (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).
[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC2010) (E.O. 13496).
[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 andE.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Notapplicable to the acquisition of commercially available off-the-shelf items or certain other typesof commercial items as prescribed in 22.1803.)
[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-DesignatedItems (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition ofcommercially available off-the-shelf items.)
[](ui) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to theacquisition of commercially available off-the-shelf items.)
[] (36)(i) 52.223-13, Acquisition of EPEAT®)-Registered Imaging Equipment (JUN 2014) (E.O.s13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-13.
[] (37)(i) 52.223-14, Acquisition of EPEAT®b-Registered Televisions (JUN 2014) (E.O.s 13423and 13514).
(ii) Alternate I (JUN 2014) of 52.223-14.
[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.8259b).
[] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN2014) (E.O.s 13423 and 13514).
[](ii) Alternate I (JUN 2014) of 52.223-16.
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[.X] (40) 52.223-1 8, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG2011)
[1 (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).
[] (42)(i) 52.225-3, Buy American-Free Trade Agreements-israeli Trade Act (MAY 2014) (41U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283,110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate Ill (MAY 2014) of 52.225-3.
[] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s,proclamations, and statutes administered by the Office of Foreign Assets Control of theDepartment of the Treasury).
[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States(JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year2008; 10 U.S.C. 2302 Note).
[1 (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV2007) (42 U.S.C. 5150).
[1 (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41U.S.C. 4505, 10 U.S.C. 2307(D).
[1 (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505, 10U.S.C. 2307(f)).
[X] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL2013) (31 U.S.C. 3332).
[]1(51) 52.232-34, Payment by Electronic Funds Transfer - Other than System for AwardManagement (JUL 2013) (31 U.S.C. 3332).
[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (APR 2003) of 52.247-64.
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(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercialservices, that the Contracting Officer has indicated as being incorporated in this contract by referenceto implement provisions of law or Executive orders applicable to acquisitions of commercial items:(Contracting Officer check as appropriate.)
[] (1) 52.222-1 7, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
[1 (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
[1 (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206and 41 U.S.C. chapter 67).
[]1(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor, Standards-PriceAdjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.chapter 67).
[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-PriceAdjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards toContracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY2014) (41 U.S.C. chapter 67).
[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards toContracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[1 (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658).
[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42U.S.C. 1792).
[1 (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed undersection 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative ofeither of the foregoing officials shall have access to and right to-
(i) Examine any of the Contractor's or any subcontractors' records that pertain to, andinvolve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, theContractor is not required to flow down any FAR clause in a subcontract for commercial items, otherthan-
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, exceptthe authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the
extent of the flow down shall be as required by the clause-
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(A) 52.203-1 3, Contractor Code of Business Ethics and Conduct (APR 2010) ((41U.S.C. 3509)).
(B) 52.203-15, Whistleblower Protections Under the American Recovery andReinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontractingopportunities. If the subcontract (except subcontracts to small businessconcerns) exceeds $650,000 ($1.5 million for construction of any public facility),the subcontractor must include 52.219-8 in lower tier subcontracts that offersubcontracting opportunities.
(0) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(E) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
(F) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
(G) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29U.S.C. 793).
(H) 52.222-40, Notification of Employee Rights Under the National LaborRelations Act (DEC 2010) (E.O. 13496). Flow down required in accordance withparagraph (f) of FAR clause 52.222-40.
(1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter67).
(J) -_ (1) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C.chapter 78 and E.O. 13627).
-_ (2) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 andE.O. 13627).
(K) 52.222-51, Exemption from Application of the Service Contract LaborStandards to Contracts for Maintenance, Calibration, or Repair of CertainEquipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(L) 52.222-53, Exemption from Application of the Service Contract LaborStandards to Contracts for Certain Services-Requirements (MAY 2014) (41U.S.C. chapter 67).
(M) 52.222-54, Employment Eligibility Verification (AUG 2013).
(N) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O.13658).
(0) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.(MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph(e) of FAR clause 52.226-6.
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(P) 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 requiredin accordance with paragraph (d) of FAR clause 52.247-64.
52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified,in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided bythe Secretary of Labor. The option provision may be exercised more than once, but the total extension ofperformance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by writtennotice to the Contractor within 30 days.
52.21 7-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this optionclause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed5 years and 6 months.
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they weregiven in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of aclause may be accessed electronically at this/these address(es): http://www.arnet.gov/far
NRCI020 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED(SEP 2013)
In 1998, Congress amended the Rehabilitation Act of 1973 (29 U.S.C. §794d) as amended by the WorkforceInvestment Act of 1998 (P.L. 105 - 220), August 7, 1998 to require Federal agencies to make their electronicand information technology (EIT) accessible to people with disabilities. Inaccessible technology interferes withan ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers ininformation technology, open new opportunities for people with disabilities, and encourage development oftechnologies that will help achieve these goals. The law applies to all Federal agencies when they develop,procure, maintain, or use electronic and. information technology. Under Section 508 (29 U.S.C. §794d),agencies must give disabled employees and members of the public access to information that is comparable toaccess available to others.
Specifically, Section 508 of that Act requires that when Federal agencies develop, procure, maintain, or useEIT, Federal employees with disabilities have access to and use of information and data that is comparable tothe access and use by Federal employees who are not individuals with disabilities, unless an undue burdenwould be imposed on the agency. (36 C.F.R. §1194 implements Section 508 of the Rehabilitation Act of 1973,as amended, and is viewable at: http://www.access-board..qov/sec508/standards.htm)
Exceptions.All EIT that the government acquires by purchase or by lease/rental under this contract must meet the
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applicable accessibility standards at 36 C.F.R. Part 1194, unless one or more of the following exceptions atFAR 39.204 applies to this acquisition (applicable if checked):
[ ] The EIT is for a national security system.
[ The EIT is acquired by a contractor incidental to a contract.
[X~] The EIT is located in spaces frequented only by service personnel for maintenance, repair or occasionalmonitoring of equipment.
[X_] Compliance with the applicable 36 C.F.R. Part 1194 provisions would impose an undue burden on the
agency.
Applicable Standards.
The following accessibility standards from 36 C.F.R. Part 1194 have been determined to be applicable to thiscontract/order. See www.section508.qov for more information:
[1]1194.21 Software applications and operating systems.[1]1194.22 Web-based intranet and internet information and applications. 16 rules.
[]1194.23 Telecommunications products.[]1194.24 Video and multimedia products.[]1194.25 Self contained, closed products.
[1]1194.26 Desktop and portable computers.[1]1194.31 Functional performance criteria.
[]1194.41 Information, documentation, and support.
Note: Under the Exceptions paragraph, the Contracting Officer should check the boxes for any exceptions thatapply. If no exceptions apply, then the Contracting Officer should, under the Applicable Standards paragraph,check the boxes that indicate which of the standards apply. See FAR Subpart 39.2 and www.section508.qovfor additional guidance.
(End of Clause)
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SECTION J - List of Documents, Exhibits and Other Attachments
Attachment AttachmentNumber Title
I BillingInstructions - Fixed-Price Type Contracts
2 BillingInstructions - Cost Reimbursement Type Contracts
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• U.S.NRC1•,••.•...•INVOICE FORMAT FOR FIXED-PRICE
Version Control Date: January 26, 2015
ATTACHMENT 1
BILLING INSTRUCTIONS FOR
FIXED-PRICE TYPE CONTRACTS (JAN 2015)
General: During performance and through final payment of this contract, the contractor is responsible for theaccuracy and completeness of data within the System for Award Management (SAM) database and for anyliability resulting from the Government's reliance on inaccurate or incomplete SAM data.
The contractor shall prepare invoices/vouchers for payment of deliverables identified in the contract, in themanner described herein. FAILURE TO SUBMIT INVOICES/VOUCHERS IN ACCORDANCE WITH THESEINSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICE/VOUCHER AS IMPROPER.
Standard Forms: Payment requests for completed work, in accordance with the contract, shall be submittedon the payee's letterhead, invoice/voucher, or on the Government's Standard Form 1034, "Public Voucher forPurchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Otherthan Personal--Continuation Sheet."
Electronic InvoiceNoucher Submissions: The preferred method of submitting invoices/vouchers iselectronically to the U.S. Nuclear Regulatory Commission, via email to: NRCPavments~nrc.qov.
Hard-Copy InvoiceNoucher Submissions: If you submit a hard-copy of the invoice/voucher, a signedoriginal and supporting documentation shall be submitted to the following address:
NRC PaymentsU.S. Nuclear Regulatory CommissionOne White Flint North11555 Rockville PikeMailstop O3-E17ARockville, MD 20852-2738
Purchase of Capital Property: ($50, 000 or more with life of one year or longer)
Contractors must report to the Contracting Officer, electronically, any capital property acquired with contractfunds having an initial cost of $50,000 or more, in accordance with procedures set forth in NRC ManagementDirective (MD).
Agency Payment Office: Payment will continue to be made by the office designated in the contract in Block12 of Standard Form 26, Block 25 of Standard Form 33, or Block 18a of Standard Form 1449, whichever isapplicable.
Frequency: The contractor shall submit invoices/vouchers for payment once each month, unless otherwiseauthorized by the Contracting Officer.
Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sample form entitled"Invoice/Voucher for Purchases and Services Other Than Personal". Alternate formats are permissible only if
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they address all requirements of the Billing Instructions. The instructions for preparation and itemization of theinvoice/voucher are included with the sample form.
Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task orderwith pricing information. This includes items discussed in paragraphs (a) through (p) of the attachedinstructions. In addition, the invoice/voucher must specify the contract number, and the NRC-assignedtask/delivery order number.
Final vouchers/invoices shall be marked "FINAL INVOICE" or "FINAL VOUCHER".
Currency: InvoicesNouchers must be expressed in U.S. Dollars.
Supersession: These instructions supersede previous Billing Instructions for Fixed-Price Type Contracts (MAY2013).
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INVOICE/VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL(SAMPLE FORMAT - COVER SHEET)
1. Official Agency Billing Office
NRC PaymentsU.S. Nuclear Regulatory CommissionOne White Flint North11555 Rockville PikeMailstop 03-E17ARockville, MD 20852-2738
2. InvoiceNoucher Information
a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's Data Universal Number (DUNS)or DUNS+4 number that identifies the Payee's name and address. The DUNS+4 number is the DUNS numberplus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative ElectronicFunds Transfer (EFT) accounts for the same parent concern.
b. Taxpayer Identification Number. The Payee shall include the Payee's taxpayer identification number (TIN)used by the Internal Revenue Service (IRS) in the administration of tax laws. (See IRS Web site:http://www. irs•ciov/l ndividuals/l nternational-Taxpayers/Taxpayer-Identification-Numbers-(TI N)•).
c. Payee's Name and Address. Show the name of the Payee as it appears in the contract and its correctaddress. Where the Payee is authorized to assign the proceeds of this contract in accordance with the clauseat Federal Acquisition Regulation (FAR) 52.232-23 Assiqnment of Claims, the Payee shall require as acondition of any such assignment, that the assignee shall register separately in the System for AwardManagement (SAM) database at http://sam..qov and shall be paid by EFT in accordance with the terms of thiscontract. See FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Managqement.
d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSAFederal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple AgencyContract (MAC) number, as applicable.
e. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than onetask order per invoice or the invoice may be rejected as improper.
f. InvoiceNoucher. The appropriate sequential number of the invoice/voucher, beginning with 001 should bedesignated. Contractors may also include an individual internal accounting number, if desired, in addition tothe 3-digit sequential number.
g. Date of InvoiceNoucher. Insert the date the invoice/voucher is prepared.
h. Billingq Period. Insert the beginning and ending dates (day, month, year) of the period during whichdeliverables were completed and for which payment is requested.
i. Description of Deliverables. Provide a brief description of supplies or services, quantity, unit price, and totalprice.
j. Work Completed. Provide a general summary description of the services performed or products submitted
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for the invoice period and specify the section or Contract Line Item Number (GUIN) or SubCLIN, in the contractpertaining to the specified contract deliverable(s).
k. Sh•pn. Insert weight and zone of shipment, if shipped by parcel post.
I. Charcqes for freigqht or express shipments. Attach prepaid bill if shipped by freight or express.
m. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.
n. For Indefinite Delivery contracts, the final invoice/voucher shall be marked FINAL INVOICE" or "FINAL
VOUCHER".
o. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.
p. Adjustments. Insert columns for any adjustments, including outstanding suspensions for deficient ordefective products or nonconforming services, for the current and cumulative periods.
q. Grand Totals.
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< U.S.NRCz•,•r,1,•-•,s•,=.•,INVOICE FORMAT FOR COST-REIMBURSEMENT
CONTRACTS
Version Control Date: July 6, 2015
ATTACHMENT 2
BILLING INSTRUCTIONS FORCOST-REIMBURSEMENT TYPE CONTRACTS (JUL 2015)
General: During performance and through final payment of this contract, the contractor is responsible for theaccuracy and completeness of data within the System for Award Management (SAM) database and for anyliability resulting from the Government's reliance on inaccurate or incomplete SAM data.
The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner and format describedherein. FAILURE TO SUBMIT INVOICES/VOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONSMAY RESULT IN REJECTION OF THE INVOICE/VOUCHER AS IMPROPER.
Standard Forms: Reimbursement requests shall be submitted on the payee's letterhead, invoice/voucher, oron the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other than Personal,"and Standard Form 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet."
Electronic InvoiceNoucher Submissions: The preferred method of submitting invoices/vouchers iselectronically to the U.S. Nuclear Regulatory Commission, via email to: NRCPayments(~nrc.qov.
Hard-Copy lnvoicel~oucher Submissions: If you submit a hard-copy of the invoice/voucher, a signedoriginal and supporting documentation shall be submitted to the following address:
NRC PaymentsU.S. Nuclear Regulatory CommissionOne White Flint North11555 Rockville PikeMailstop 03-E17ARockville, MD 20852-2738
Purchase of Capital Property: ($50,000 or more with life of one year or longer)
Contractors must report to the Contracting Officer, electronically, any capital property acquired with contractfunds having an initial cost of $50,000 or more, in accordance with procedures set forth in NRC ManagementDirective (MD).
Agency Payment Office: Payment will continue to be made by the office designated in the contract in Block12 of the Standard Form 26, or Block 25 of the Standard Form 33, whichever is applicable.
Frequency: The contractor shall submit requests for reimbursement once each month, unless otherwiseauthorized by the Contracting Officer.
Format: Invoices/Vouchers shall be submitted in the format depicted on the attached sample form entitled"Invoice/Voucher for Purchases and Services Other Than Personal". Alternate formats are permissible only ifthey address all requirements of the Billing Instructions. The instructions for preparation and itemization of the
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invoice/voucher are included with the sample form.
Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task orderwith detailed cost information. This includes all applicable cost elements and other items discussed inparagraphs (a) through (s) of the attached instructions. In addition, the invoice/voucher must specify thecontract number, and the NRC-assigned task/delivery order number.
Billing of Costs after Expiration of Contract: If costs are incurred during the contract period and invoicedafter the contract has expired, you must cite the period during which these costs were incurred. To beconsidered a proper expiration invoice/voucher, the contractor shall clearly mark it "EXPIRATION INVOICE" or"EXPIRATION VOUCHER".
Final invoices/vouchers shall be marked "FINAL INVOICE" or "FINAL VOUCHER".
Currency: Invoices/Vouchers must be expressed in U.S. Dollars.
Supersession: These instructions supersede previous Billing Instructions for Cost-Reimbursement TypeContracts (MAY 2013).
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INVOICE/VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL(SAMPLE FORMAT - COVER SHEET)
1. Official Agency Billing Office
NRC PaymentsU.S. Nuclear Regulatory CommissionOne White Flint North11555 Rockville PikeMajistop O3-E17ARockville, MD 20852-2738
2. Invoice/Voucher Information
a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's Data Universal Number (DUNS)or DUNS+4 number that identifies the Payee's name and address. The DUNS+4 number is the DUNS numberplus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative ElectronicFunds Transfer (EFT) accounts for the same parent concern.
b. Taxpayer Identification Number. The Payee shall include the Payee's taxpayer identification number (TIN)used by the Internal Revenue Service (IRS) in the administration of tax laws. (See IRS Web site:http://www~irs~cqov/lndividuals/l nternational-Taxpayers/Taxpayer- Identification-Nu mbers-(TI N)).
c. Payee's Name and Address. Show the name of the Payee as it appears in the contract and its correctaddress. Where the Payee is authorized to assign the proceeds of this contract in accordance with the clauseat Federal Acquisition Regulation (FAR) 52.232-23 Assigqnment of Claims, the Payee shall require as acondition of any such assignment, that the assignee shall register separately in the System for AwardManagement (SAM) database at http://sam..qov and shall be paid by EFT in accordance with the terms of thiscontract. See FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Managqement.
d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSAFederal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple AgencyContract (MAC) number, as applicable.
e. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than onetask order per invoice or the invoice may ,be rejected as improper.
f. Invoice/Voucher. The appropriate sequential number of the invoice/voucher, beginning with 001 should bedesignated. Contractors may also include an individual internal accounting number, if desired, in addition tothe 3-digit sequential number.
g. Date of Invoice/Voucher. Insert the date the invoice/voucher is prepared.
h. Billingq Period. Insert the beginning and ending dates (day, month, year) of the period during which costswere incurred and for which reimbursement is requested.
i. Description of Deliverables. Provide a brief description of supplies or services, quantity, unit cost, and totalcost.
j. Work Completed. Provide a general summary description of the services performed or products submittedfor the invoice period and specify the section or Contract Line Item Number (CLIN) or SubCLIN in the contractpertaining to the required deliverable(s).
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k. Shiorinoc. Insert weight and zone of shipment, if shipped by parcel post.
I. Charges for freight or express shipments. Attach prepaid bill if shipped by freight or express.
m. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.
n. For Indefinite Delivery contracts, the final invoice/voucher shall be marked "FINAL INVOICE" or "FINALVOUCHER".
o. Final invoices must include the name of the NRC Contracting Officer's Representative (COR) andContracting Officer.
p. Direct Costs. Insert the amount billed for the following cost elements, adjustments, suspensions, and totalamounts, for both the current billing period and for the cumulative period (from contract inception to end date ofthis billing period).
(1) Direct Labor. This consists of salaries and wages paid (or accrued) for direct performance ofthe contract itemized as follows:
Labor Hours CumulativeCategory Billed Rate Total Hours Billed
(2) Fringe Benefits. This represents fringe benefits applicable to direct labor and billed as a directcost. Where a rate is used indicate the rate. Fringe benefits included in direct labor or in other indirectcost pools should not be identified here.
(3) Contractor-acquired property ($50,000 or more). List each item costing $50,000 or more andhaving a life expectancy of more than one year. List only those items of equipment for whichreimbursement is requested. For each such item, list the following (as applicable): (a) an itemdescription, (b) manufacturer, (c) model number, (d) serial number, (e) acquisition cost, (f) date ofpurchase, and (g) a copy of the purchasing document.
(4) Contractor-acquired property (under $50,000), Materials, and Supplies. These are equipmentother than that described in (3) above, plus consumable materials and supplies. List by category. Listitems valued at $1,000 or more separately. Provide the item number for each piece of equipmentvalued at $1,000 or more.
(5) Premium Pay. This enumeration in excess of the basic hourly rate. (Requires written approvalof the Contracting Officer.)
(6) Consultant Fee. The supporting information must include the name, hourly or daily rate of theconsultant, and reference the NRC approval (if not specifically approved in the original contract).
(7) Travel. Total costs associated with each trip must be shown in the following format:
Start Date Destination Costs
From To From To $
(Must include separate detailed costs for airfare, per diem, and other transportation expenses. All costs
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must be adequately supported by copies of receipts or other documentation.)
(8) Subcontracts. Include separate detailed breakdown of all costs paid to approvedsubcontractors during the billing period.
(9) Other Costs. List all other direct costs by cost element and dollar amount separately.
q. Indirect Costs (Overhead and General and Administrative Expense). Cite the formula (rate and base) ineffect in accordance with the terms of the contract, during the time the costs were incurred and for whichreimbursement is requested.
r. Fixed-Fee. If the contract provides for a fixed-fee, it must be reimbursed as indicated in the contract. Citethe formula or method of computation. Include this information as it applies to individual task orders as well.
(1) The NRC will withhold payment of 15% of the negotiated contract fixed-fee amount, not to exceed$100,000.
(2) If the fee withholding amount has reached $100,000, the contractor may resume billing the NRC forthe balance of its fee under subsequent invoices for work completed.
(3) Any fee amounts withheld by the NRC will be paid to the contractor during contract closeout inincrements, following the submission/settlement of indirect rate proposals in accordance with FAR52.216-8, "Fixed Fee" (JUN 2011).
s. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.
t. Adiustments. Insert columns for any adjustments, including outstanding suspensions for deficient ordefective products or nonconforming services, for the current and cumulative periods.
u. Grand Totals.
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3. Sample InvoiceNoucher Information
Sample Invoicefoucher Information (Supporting Documentation must be attached)
This invoice/voucher represents reimbursable costs for the billing period from through._.
Amount BilledCurrent Period Cumulative
(a) Direct Costs
(1) Direct labor $_____
(2) Fringe benefits (% of direct labor) $_____
(3) Government property($50,000 or more) $_____
(4) Government property, Materials, andSupplies (under $50,000 per item) $._____
(4) Premium pay (NRC approved overtime)$._____
(6) Consultants Fee $_____
(7) Travel $._____
(8) Subcontracts $._____
(9) Other costs $._____
Total Direct Costs: $._____
(b) Indirect Costs (provide the rate in formation applicable to
(10) Overhead __ % of________(Indicate Base) $_____
(11) General and Administrative (G&A)% of___
(Indicate Base) $._____
$._____$._____
$_____
$______
$._____
your firm)
Total Indirect Costs: .
(c) Fixed-Fee:
(12) Fixed-Fee Calculations:i. Total negotiated contract fixed-fee percent__ and amount $_____
ii. 85% allowable fee amount $._____
iii. Cumulative fee billed on prior invoices $______
iv. Fee due this invoice (not to exceed 85% of fee earned based upon negotiated contractfee percentage) $.____
Note: The fee balance withheld by NRC may not exceed $100,000.
Total Fixed-Fee:$.
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$
$(d) Total Amount Billed
I ~ I
NRC-HQ-84-1 5-C-0011I
(e) -Adjustments (+/-) $. ____$_____
(f) Grand Total $______$_____
(The invoice/voucher format provided above must include information similar to that included below in thefollowing to ensure accuracy and completeness.)
SAMPLE SUPPORTING INFORMATION
The budget information provided below is for format purposes only and is illustrative.
Cost Elements:
1) Direct Labor- $2,400
Labor Hours CumulativeCategqory Billed Rate Total Hours Billed
Senior Engineer I 100 $14.00 $1,400 975Engineer 50 $10.00 $ 500 465Computer Analyst 100 $ 5.00 $ 500 320
$2,400 1,760 hrs.
2) Frin qe Benefits - $480
Fringe @ 20% of Direct Salaries
Labor FringeCategqory Salaries Amount
Senior Engineer I $1,400 $280Engineer $ 500 $100Computer Analyst $ 500 $100
$2,400 $480
3) Government-furnished and contractor-acquired property ($50,000 or more) - $60,000
Prototype Spectrometer - item number 1000-01 = $60,000
4) Government-furnished and contractor-acquired property (under $50,000).Materials, and Supplies - $2,000
10 Radon tubes @$110.00 = $1,1006 Pairs Electrostatic gloves @ $150.00 = $ 900
, $2,000
5) Premium Pay - $150
Walter Murphy - 10 hours @ $10.00 Per Hour (Reg. Pay) = $100 x 1.50OT rate = $150(EX: Premium pay for this individual was approved and authorized under this contract by the NRCContracting Officer by letter dated 6/1/2011 .)
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6) Consultants' Fee - $100
Dr. Carney - 1 hour fully-burdened @ $100 = $100
7) Travel - $2,640
(i) Airfare: (2 Roundtrip trips for 1 person @ $300 per r/t ticket)
Start Date End Date Days From To Cost4/1/2011 4/7/2011 7 Philadelphia, PA Wash, D.C. $3007/1/2011 7/8/2011 8 Philadelphia, PA Wash, D.C. $300
(ii) Per Diem: $136/day x 15 days = $2,040
8) Subcontracting - $30,000
Company A = $10,000Company B = $20,000
$30,0O00
(EX: Subcontracts for Companies A & B were consented to by the Contracting Officer by letter dated6/15/2011 .)
9) Other Costs - $5,100
Honorarium for speaker at American Nuclear Society conference = $5,000Nuclear Planet Journal subscription fee = $100
10) Overhead Expense - $41,148
Overhead @40% of Total Direct Costs
11) General and Administrative (G&A) Expense -$22,784
G&A @ 20% of Total Costs, excluding subcontracts and consultants
12) Fixed-Fee - $8,218
Fixed-Fee applied to Total Costs @ 5%
Fixed-Fee Calculations:
i. Total contract fixed-fee $1 00,000ii. 85% allowable fee $85,000iii. Cumulative fee billed on prior invoices $85,000iv. Fee. due this invoice (not to exceed 85% of fee earned based upon negotiated contract
fee percentage) $8,218
Total Amount Billed $175,020Adjustments (+/-) - $8,218Grand Total $166,802
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