FOR SUPPLIES OR SERVICES - nrc.gov

-. _ ORDER FOR SUPPLIES OR SERVICES PAGE OF PAGES1 20

IMPORTANT: Maiic all packages wid papmn with contrat andlor order numbers. SPA NO.

1. DATE W ORDER 2. CONTRACT NO. (If ny) 5. SHIP TO:

__5-27-2004 !GS-10F-002_J a. NAME OF CONSIGNEE3.MROERNO. MODIFICATIONNO. T4 N REQUSMO/REFERENCENO. U.S. Nuclear Regulatory CommissionDR-02-04-016 NMS-04-016

S. ISSUING OFFICE 0Adrsss orapndec to) bh STREET ADDRESSU.S. Nuclear Regulatory CommissionDiv of Contracts Attn: D. DeNarcoTwo White Flint North - MS T-7-I-2 c CITY Id. STATE ZIP CODE

Washington, DC 20555 Washington DC 20555

7. TO t SHIP VIA

NAME OF CONTRACTOR

Project Performance Corporation & TYPE OF ORDERAttn: Mr. Craig S. Cheney, Vice President1760 Old Meadow Road 14th Floor) EqPURCHASEORDER bhDEUVERYIASKORDERMcLean, VA 22102-1760 Reference yow_ Eacept br blh hiInam an te rmere. oti

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,. ACCOUNTING AND APPROPRIATION DATA 10. REOUISmONING OFFICE

BAR 45015301129 JC: J5515 BOC: 252A Approp. 31X0200.460Obligate: 5291,955.14 NMSS DDeMarco 415-7796

11. BUSINESS CLASSIFICATION hck apppals box(ea))

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12. FQ.0.. POINT 14. GOVERNMENT B/L NO. 1S. DELIVER TO F.O.B. POINT |6. DISCOUNT TERMSON OR EFORE

Destination I see attached Net/30

1& PLACE OF FOR INFORMATION CALL (No clld cas)

a. INSPECTION b. ACCEPTANCE

Barbara D. Meehan 301-415-6730

17. SCHEDULE rSoe reverse hr Rejectors)

QLANTtTY UNIT QUANTlTYITEM NO. SUPPUES OR SERVICES ORDERED UNIT PRICE AMOUNT ACCEPTED

(A (B) (C) (D) (E) (F) (0)

See the attached addendum.This is a fixed-unit-price type order with a ceiling amountof $291,955.14.Period of performance is from date of award through 12/31/04attached.The U.S. Nuclear Regulatory Commission (NRC) hereby acceptsthe quotation of Project Performance Corporation, dated May17, 2004, which is hereby incorporated by reference and madea part hereof this order (except see delivery schedule inthe statement of work). This is a performance basedservice order for the development of a high-level wastelicensing review project plan, at the firm fixed unit pricesreflected in the Schedule of Supplies or Services andPrice/Cost.TIN: 54 1571030Duns: 62-249-6230Accepted by:

Project Performance Corporation

1L. SHIPPING POINT 19. GROSS SHIPPING WEIGHT 20. INVOICE NO. -

I I6291, 955 .14 SUBTOTAL

21. MAIL INVOICE TO: 171h)

SEBLIG NAME $291,955.14 TOTALSEETURUCTING U.S. Nuclear Regulatory Commission $C95t

ON Division of Contracts, Mail Stop T712 pages)REVERSE IL STREET ADDRESS (or P.O. Box)

Attn: (DR-02-04-0016) 17(t)GRAND

CTY d. STATE *. ZIP CODE TOTAL

Washington DC 20555 ;291,955.14

22. UNITED STATES OF AMERlItCA 23. NAE Ctypa)

BY (Sianture) Barbara D. Meehan

B a r b a r a TL. CONTRACTiNGIORDERING OFFICER

TEMPUTE - ADMOAlOPTIONAL FORM 347 ("

ADMOO2

Order No. DR-02-04-016

CONTINUATION PAGES

Section A.1 SCHEDULE OF SUPPLIES OR SERVICES AND PRICE/COSTS

Protect Title: Development of a High-Level Waste Licensing Review Project Plan

Brief Description of Work:

a) The purpose of this order is to develop a High-level Waste Ucensing Review Project Plan that willprovide a roadmap of safety and environmental licensing activities from the potential submission of alicense application, development of the Safety Evaluation Report, support of the proceeding, throughthe final Commission decision on Construction Authorization.

b) Only Contracting Officers of the NRC may authorize the initiation of work under this order. Theprovisions of this order shall govern all required work hereunder.

Schedule

The Contractor shall provide development of a high-level waste licensing review project plan Inaccordance with the wDESCRIPTION/SPECIFICATIONSMVORK STATEMENT" for the order during theperiod of performance specified and at the rates set forth below:

CLIN 0001 - Develop of a high-level waste licensing review project plan

Labor Categorv Labor Rate (MOBIS) Estimated Hours Total EstimatedPrice

Executive Management ConsultantSenior Management ConsultantManagement ConsultantJunior Technical AdvisorAdministrative Assistant

$24,067.5090,688.0096,912.0066,326.0011,979.00

Subtotal: $289,972.50

CLIN 0002 - Travel (Cost Reimbursement)

Travel est. @ 80 trips (40 miles @37.5 mile + $7 (est.) Parking 1,760.00

G&A on Travel

Subtotal:

Rat _ 222.64

1,982.64

TOTAL CEILING PRICE: $291,955.14

The fixed unit price of each line item shown above to meet requirements delineated herein shall Includeall costs deemed necessary by the offeror.

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, .2 CONSIDERATION AND OBLIGATION

(a) The total estimated amount of this order (ceiling) for the products/services ordered, delivered, andaccepted under this order is $291,955.14.

(b) The amount presently obligated with respect to this order is $291,955.14.

A.3 PERIOD OF PERFORMANCE

The period of performance of this order is date of award through December 31, 2004.

A.4 TABLE OF DELIVERABLES AND SCHEDULE OF DELIVERY

The project plan shall be in the form of a written report, and appropriate accompanying electronic files,including a risk management database. Work will commence immediately upon award.

Order Award 5/27/04

Project Kickoff Meeting within two weeks of award

Draft Project Plan 9/14/04

NRC Staff Comments to PPC 10/8/04

PPC Deliver Revised Draft 10/29/04

NRC Review/Provide Final Comments to PPC 11/22/04

Final Project Plan 11/30/04

Incorporate Modifications and Revise Plan as NLT 12/31/04Needed

Minutes from Any Organizational Meetings Due 5 days after meeting

A.5 INSTRUCTIONS FOR DELIVERABLES

The project plan shall be in the form of a written report, and appropriate accompanying electronic files.

All deliverables shall be delivered to the NRC Contracting Officer, the NRC Project Officer, and the NRCTechnical Monitor at the following locations:

U.S. Nuclear Regulatory CommissionAftn: Contracting Officer Barbara MeehanNRC Delivery Order #: DR-02-04-016GSA Contract #: GS-IOF-0028JMail Stop: 1712Washington, DC 20555-0001

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U.S. Nuclear Regulatory CommissionAttn: Project Officer: Deborah A. DeMarcoNRC Delivery Order #: DR-02-04-016GSA Contract #: GS-1 OF-0028JMail Stop: T8A23Washington, DC 20555-0001

U.S. Nuclear Regulatory CommissionAttn: Technical Monitor: Jeffrey CioccoNRC Delivery Order#: DR-02-04-01 6GSA Contract #: GS-1OF-0028JMail Stop: T7F3Washington, DC 20555-0001

B.1 DESCRIPTIONISPECIFICATIONSIWORK STATEMENT

Statement of Work for the"Development of a High-level Waste Licensing Program Project Plan"

I. BACKGROUND

Disposal of highlevel radioactive waste requires a U.S. Nuclear Regulatory Commission (NRC) license.Part 63 under Title 1 0 of the U.S. Code of Federal Regulations, 'Disposal of High-Level RadioactiveWastes in a Proposed Geologic Repository at Yucca Mountain, Nevada, contains the governingregulations.

The Nuclear Waste Policy Act specifies that licensing of a geologic repository will occur in three phases.In the first phase, the Department of Energy (DOE) would apply to NRC for authorization to construct ageologic repository. Once a construction authorization request Is submitted, by law, NRC will have threeyears to perform its review, with an optional fourth year if requested, conduct a public hearing, and reacha construction authorization decision. NRC Is currently reviewing DOE's site characterization activities toidentify and resolve potential licensing issues.

In the second phase, as construction of the repository nears completion, DOE must request a license toreceive and possess high-level radioactive waste. If NRC grants that license, DOE will begin placing high-level radioactive waste into the repository. In the third phase, when the repository is full, DOE will applyfor a license amendment to decommission and permanently close the facility. For each phase of thelicensing process, the same licensing processes are followed by NRC. For instance, for the constructionauthorization phase, the NRC process for licensing a high-level waste repository includes an Initialacceptance review of the application to determine if the application is complete enough to begin adetailed technical review. If the application is incomplete, It will be returned to DOE. If the application iscomplete, it will be docketed, and a public notice will be published. The public notice provides informationon how the application can be accessed by the public, and it will offer the opportunity for publicintervention in a public hearing on the application. NRC will then begin a detailed technical review of thelicense application.

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11. OBJECTIVE

The purpose of this Statement of Work (SOW) is to develop a High-Level Waste Licensing ReviewProject Plan that will provide a roadmap of safety and environmental licensing activities from the potentialsubmission of a license application, development of the Safety Evaluation Report, support of theproceeding, through the final Commission decision on Construction Authorization through at least theyear 2010. The purpose of this project plan is twofold; (1) to identify, address and actively manage allactivities affecting NRC's review of DOE's license application (LA) to construct a geologic repository tostore high-level nuclear waste at Yucca Mountain, Nevada, and (2) to ensure that the project priorities arealigned with the program objectives and that sufficient planning and controls are in place to receive andreview DOE's LA efficiently.

This project plan shall accomplish the following objectives for the timely and efficient review of the DOELA: (1) Establish fundamental project management practices; (2) Establish a consistent projectorganization, through an agreed upon work breakdown structure (WBS) that all organizations willmaintain and manage against; (3) Establish corresponding integrated schedules and risk managementand planning processes that will be accepted and implemented throughout all organizations; (4) Establishchange control mechanisms that will be used to track and analyze all changes; and (5) Establish otherproject management elements that will support this integrated scope, schedule, and risk managementprocess, including implementation of a progress tracking process.

Ill. SCOPE OF WORK

The Contractor shall develop a project plan to support project planning, implementation, execution andcloseout. At a minimum, the project plan should be built using industry and NRC best practices andaddress the following areas:

Approval Page and Version HistoryIntroduction

Purpose - provide insight as to why the project is necessary.Background - capture the major events leading up to the decision to initiate the project.Charter Statement - communicate broadly the purpose and scope of the project, as well as toobtain buy-in and concurrence by all of the organizations affected by the implementation andexecution of the project.

StrategyGoals and Objectives and Performance Measures - identify specific goals and objectives key tothe successful execution of the project, as well as any performance measures that will be used toassess project success.Master Schedule - develop a system for developing an overall master project schedule thatincludes, as appropriate, links and dependencies among subproject schedules, and that'sresource loaded.

OrganizationManagement Plan - outline the organization and management approach to be used to execute theproject. Identify the key personnel and resources (e.g., funding, staff) required.Roles and Responsibilities - develop a Responsibility Assignment Matrix (RAM) cross-walking thestaff to the project scope. Articulate the roles and responsibilities and ensure the parties clearlyunderstand those roles and responsibilities.

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ProcessWork Breakdown Structure (WBS) - develop a hierarchy of the work that reflects the managementstrategy being used for each of the manageable project components, and WBS dictionary.Scope Baseline - describe the technical work required to execute the project.Schedule Baseline - identify key project activities, durations, resources, sequencing andmilestones. The schedule should be developed using Microsoft Project software that would allowresource loading of activities, conducting critical path analysis and statusing the progress of thescheduled activities.Cost Baseline - document the resources required and the timing of the resources necessary toexecute the project. Develop cost estimates and document the methodology and assumptions.Risk Management Plan - identify, analyze, mitigate, and monitor the major risks having thepotential to influence project completion on schedule and within budget. Prepare a riskmanagement database.Stakeholder Involvement - describe the internal, and external, if any, involvement in thedevelopment of the project plan.

Project Controls, Reporting and DocumentationProject Management Approach - outline the guidance, policy and procedures, orders, regulationsand best practices by which this project will be executed and managed.Change Control - following the development of the scope, schedule and cost baselines, establisha rigorous change control process (e.g., thresholds, approval authority) to prepare, review,approve and incorporate change proposals in to the project plan and baseline.Records Management and Document Control - describe the guidance on records managementprinciples and procedures for maintaining documentation and files for the project.Communications Management Plan - describes collection, filing, and flow of information.Potential Problems, Open Issues, and Pending Decisions Control Log

MODIFICATION PROCEDURES

(a) Modification request for proposal. When a requirement within the scope of work for this order isidentified, the contracting officer shall transmit to the Contractor a Modification Request for Proposal(MRFP) which may include the following, as appropriate:

(1) Scope of work/meetings/travel and deliverables;

(2) Reporting requirements;

(3) Period of performance - place of performance;

(4) Applicable special provisions;

(5) Technical skills required; and

(6) Estimated level of effort.

(b) Modification technical proposal. By the date specified in the MRFP, the Contractor shall deliver to thecontracting officer a written or verbal (as specified in the MRFP technical proposal submittal instructions)technical proposal that provides the technical information required by the MRFP.

(c) Cost proposal. The Contractor's cost proposal for each modification must be fully supported by costand pricing data adequate to establish the reasonableness of the proposed amounts. When theContractor's estimated cost for the proposed modification exceeds $100,000 and the period of

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performance exceeds six months, the Contractor may be required to submit a Contractor Spending Plan(ASP) as part of its cost proposal. The MORP indicates if a CSP is required.

(d) Modification award. The Contractor shall perform all work described in definitized modifications issuedby the contracting officer. Definitized modifications include the following:

(1) Statement of worklmeetingsftravel and deliverables;

(2) Reporting requirements;

(3) Period of performance;

(4) Key personnel;

(5) Applicable special provisions; and

(6) Total modification amount.

(End of Provision)

ACCELERATED MODIFICATION PROCEDURES

(a) The NRC may require the Contractor to begin work before receiving a definitized modification from thecontracting officer. Accordingly, when the contracting officer verbally authorizes the work, the Contractorshall proceed with performance of the modification subject to the monetary limitation established for themodification by the contracting officer.

(b) When this accelerated procedure is employed by the NRC, the Contractor agrees to begin promptlynegotiating with the contracting officer the terms of the definitive modification and agrees to submit a costproposal with supporting cost or pricing data. If agreement on a definitized modification is not reached bythe target date mutually agreed upon by the Contractor and contracting officer, the contracting officer maydetermine a reasonable price and/or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subjectto Contractor appeal as provided In 52.233-1, Disputes. In any event, the Contractor shall proceed withcompletion of the modification subject only to the monetary limitation established by the contracting officerand the terms and conditions of the basic agreement.

(End of Provision)

IV. KEY PERSONNEL

The contractor shall provide an appropriate number of qualified staff performing this effort. (Please seeattached clause).

V. MONTHLY PROGRESS AND COST REPORTING

The Contractor will prepare a brief summary of the monthly progress and cost report and address opentechnical Issues and anticipated cost and schedule Impacts. The progress and cost reports are due onthe 15 th day of the month.

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VI. TRAVEL AND MEETINGSUp to two contractor employees will attend up to 80 scoping meetings and working visits to NRC todevelop the project plan.

Vil. TECHNICAL DIRECTION

A. PROJECT OFFICER

The Contracting Officer's authorized technical representative hereinafter referred to asthe project officer for this order is:

Name: Deborah A. DeMarco

Address: U.S. Nuclear Regulatory Commission

Mail stop

Washington, DC 20555

Telephone Number: (301)415-7796

(a) Performance of the work under this order is subject to the technical direction of theNRC project officer. The term "technical direction" is defined to include the following:

1. Technical direction to the contractor which shifts work emphasis between areas ofwork or tasks, authorizes travel which was unanticipated in the Schedule (i.e., travel notcontemplated in the Statement of Work or changes to specific travel identified in theStatement of Work), fills in details, or otherwise serves to accomplish the contractualstatement of work.

2. Provide advice and guidance to the contractor in the preparation of drawings,specifications, or technical portions of the work description.

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

Technical direction must be within the general statement of work stated in the order. The projectofficer does not have the authority to and may not issue any technical direction which:

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1. Constitutes an assignment of work outside the general scope of the order or associatedBPA.

2. Constitutes a change as defined in the "Changes" clause of the GSA contract.

3. In any way causes an increase or decrease in the total fixed price or the time required forperformance of any orders.

4. Changes any of the expressed terms, conditions, or specifications of the order orassociated BPA.

5. Terminates the order, settles any claim or dispute arising under the order, or issues anyunilateral directive whatever.

(b) All technical directions must be Issued in writing by the project officer or must be confirmed by theproject officer in writing within ten (10) working days after verbal Issuance. A copy of the written directionmust be furnished to the CO. A copy of NRC Form 445, Request for Approval of Official Foreign Travel,which has received final approval from the NRC must be furnished to the CO.

(c) The contractor shall proceed promptly with the performance of technical directions duly issued bythe project officer in the manner prescribed by this clause and within the project officer's authority underthe provisions of this clause.

(d) If, in the opinion of the contractor, any Instruction or direction issued by the project officer is withinone of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shallnotify the CO in writing within five (5) working days after the receipt of any instruction or direction andshall request the CO to modify the order or associated BPA accordingly. Upon receiving the notificationfrom the contractor, the CO shall issue an appropriate modification or advise the contractor in writing that,in the CO's opinion, the technical direction is within the scope of this article and does not constitute achange under the "Changes" clause.

(e) Any unauthorized commitment or direction Issued by the project officer may result in anunnecessary delay in the contractor's performance and may even result in the contractor expendingfunds for unallowable costs under the order or associated BPA.

(f) A failure of the parties to agree upon the nature of the instruction or direction or upon the contractaction to be taken with respect thereto is subject to 52.233-1 - Disputes.

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

1. Monitor the contractor's technical progress, including surveillance and assessment ofperformance, and recommend to the CO changes in requirements.

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

3. Review all costs requested for reimbursement by the contractor and submit to the COrecommendations for approval, disapproval, or suspension of payment for supplies and services requiredunder orders.

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

5. Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail)when a contractor employee no longer requires access authorization and return the individual's badge toSB/DFS within three days after their termination.

6. Ensure that all contractor employees that require access to classified Restricted Data or NationalSecurity Information or matter, access to sensitive unclassified information (Safeguards, Official UseOnly, and Proprietary information) access to sensitive IT systems or data, unescorted access to NRCcontrolled buildings/space, or unescorted access to protected and vital areas of nuclear power plantsreceive approval of SB/DFS prior to access In accordance with Management Directive and Handbook12.3.

B. TECHNICAL PROJECT MANAGERThe Contracting Officer's authorized Technical Project Manager for this order is:

Name: Jeffrey A. Ciocco

Address: U.S. Nuclear Regulatory Commission

Mail stop T7-F3

Washington, DC 20555

Telephone Number: (301) 415-6391, e-mail: iac36nrc.oov

The Technical Project Manager may Issue technical Instructions from time to time duringthe duration of this order. Technical Instructions must be within the general statement ofwork stated in the order and shall not constitute new assignments of work or changes of

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such nature as to justify and adjustment in cost or period of performance. The contractorshall refer to Section Xl Technical Direction of the order for further information andguidance on any technical directions issued under this order.

Any modifications to the scope-of-work, cost or period of performance of this order must beissued by the Contracting Officer and will be coordinated with the NRC Project Officer.

VUil. NRC-FURNISHED MATERIAL

None.

XI. PLACE OF PERFORMANCE

Place of performance shall be at the Contractor's facility.

X. PERFORMANCE REQUIREMENTS

The deliverables required under this order must conform to the standard set forth in the PerformanceRequirements Summary on page 20 of this order.

Xl. BILLING INSTRUCTIONS (PLEASE SEE ATTACHED)

OTHER CLAUSES APPLICABLE TO THIS ORDER (PLEASE SEE ATTACHED)

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FAR Clauses Incorporated by Reference:

FAR 62.227-14, "Rights in Data - General (June 1987)

FAR 62.232-7, "Payments Under Time-And-Material and Labor-Hour Contracts" (Dec.2002)

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i i ic tolowiy duulunai Qauses apply to this order:

2052.215-70 KEY PERSONNEL (JAN 1993)

(a) The following individuals are considered to be essential to the successful performance of the work hereunder.

The contractor agrees that personnel may not be removed from the contract work or replaced without compliance withparagraphs (b) and (c) of this section.

(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable forworkunder this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort tothe work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contractingofficer and shall, subject to the con-currence of the contracting officer, promptly replace the personnel with personnel ofat least substantially equal ability and qualifications.

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstancesnecessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute andother information requested or needed by the contracting officer to evaluate the proposed substitution. The contractingofficer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify thecontractor of his or her decision in writing.

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have beenreassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or thatthe resultant reduction of productive effort would be so substantial as to impair the successful completion of the contractor the service order, the contract may be term inated by the contracting officer for default or for the convenience of theGovernment, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price orfixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

52.232-18 AVAILABELITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent uponthe availability of appropriated funds from which payment for contract purposes can be made. No legal liability on thepart of the Government for any payment may arise until funds are made available to the Contracting Officer for thiscontract and until the Contractor receives notice of such availability, to be confirmed in writing by the ContractingOfficer.

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* a -. *

(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, orotherwise) which relate to the work under this contract; and

(2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR2009.570-2 in the activities covered by this clause.

(c) Work for others.

(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees toforego entering into consulting or other contractual arrangements with any firm or organization the result of which maygive rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensurethat allemloyees underthis contract abide by the provision of this clause. If the contractor has reason to believe, withrespect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm ororganization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contractingofficer before the execution of such contractual arrangement.

(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRCaudit, inspection, or review where the activities that are the subject of the audit, inspection, or review are the same as orsubstantially similar to the services within the scope of this contract (or task order as appropriate) except where the NRClicensee or applicant requires the contractor's support to explain or defend the contractors prior work for the utility orother entity which NRC questions.

(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, thecontractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicantorganization for a period commencing with the award of the task order or beginning of work on the site (if not a taskorder contract) and ending one year after completion of all work under the associated task order, or last time at the site (ifnot 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 performance ofthe 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 of performance)f 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 this type)f work (except work in .the same or similar technical area) if the contracting officer determines that the situation will notiose a potential for technical bias or unfair competitive advantage.

(d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in thisontract, that it does not have any organizational conflicts of-interest at defined in 48 CFR 2009.570-2.

(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect tb this)ntract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include

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(3) it is recognized that tie scope of work of a task-order-type contract necessarily encompasses a broad spectrum ofactivwtiet. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed newwork involving NRC licensees or appl icants which comes within the scope of work of the underlying contract. Further, ifthis contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover anddisclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid orproposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposedaward date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose isprovided by the contractor and approved by the contracting officer. The disclosure must include the statement of work-the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work forthe regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC hasissued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task- order whichincludes the technical area and, if site-specific;the site, or when the work violates paragraphs (c)(2), (c)(3) or (cX4) ofthis 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. Section 552a (1988)), or theFreedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:

(i) Use this information for any private purpose until the information has been released to the public;

(ii) Compete for work for the Commission based on the information for a period of six months after either thecompletion of this contract or the release of the information to the public, whichever is first;

(iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of theinformation 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, data protectedby the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552'1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractorhall treat the information in accordance with restrictions placed on use of the information.

(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it,roduces under this contract for private purposes provided that all requirements of this contract have been met.

(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this)aragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriatelymodified to preserve the Government's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of anyelevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarilymply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent;ontractual efforts, and pursue other remedies permitted by law or this contract.

(hl) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer in accordancevith the procedures outlined in 48 CFR 2009.570-9.

(i) Follow-on effort. The contractor shall be ineligible to partidipate in NRC contracts, subcontracts, or proposals2erefor (solicited or unsolicited) which stem directly from the contractors performance of work under this contract.urtbermore, unless so directed in writing by the contracting officer, the contractor may not perform any technicalonsulting or management support services work or evaluation activities under this contract on any of its products or5rvices or the products or services of another firm if the contractor has been substantially involved in the development oriarketing of the products or services.

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(1) If the contractor, under this contract, prepares a complete or essentially complett. statement of work orspecifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on thestatement of work or specifications. The contractor may not incorporate its products or services in the statement of workor specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph donot apply.

(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to theGovernment.

SEAT BELTS

Contractors, subcontractors, and grantees, are encouraged to adopt and enforce on-the-job seat belt policies andprograms for their employees when operating company-owned, rented, or personally owned vehicles.

COMlPLLANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS

NRC contractors are responsible to ensure that their alien personnel are not in violation of United States Immigrationand Naturalization (INS) laws and regulations, including employment authorization documents and visa requirements.Each alien employee of the Contractor must be lawfully admitted for permanent residence as evidenced by AlienRegistration Receipt Card Form 1-151 or must present other evidence from the Immigration and Naturalization Servicesthat employment will not affect his/her immigration status. The INS Office of Business Liaison (OBL) providesinformation to contractors to help them understand the employment eligibility verification process for non-US citizens.This information can be found on the INS website,http://www.ins.usdoj.gov/graphics/services/employerinfo/index.htmnobl.

The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or its equipment/services,and/or take any number of contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractorviolate the Contractors responsibility under this clause.

(End of Clause)

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BILLING INSTRUCTIONS FORFIXED PRICE CONTRACTS (October 2003)

General: The contractor Is responsible during performance and through final payment of thiscontract for the accuracy and completeness of the data within the Central Contractor Registration(CCR) database, and for any liability resulting from the Government's reliance on Inaccurate orIncomplete CCR data. The contractor shall prepare vouchers or Invoices as prescribed herein.FAILURE TO SUBMIT VOUCHERS/INVOICES IN ACCORDANCE WITH THESE INSTRUCTIONSWILL RESULT IN REJECTION OF THE VOUCHER/INVOICES AS IMPROPER.

Form: Claims shall be submitted on the payee's letterhead, voucherfinvoIces, or on theGovernment's Standard Form 1034, "Public Voucher for Purchases and Services Other thanPersonal," and Standard Form 1036, "Public Voucher for Purchases Other than Personal-Continuation Sheet.' These forms are available from the U.S. Government Printing Office, 710North Capitol Street, Washington, DC 20401.

Number of Conies: An original and three copies shall be submitted. Failure to submit all therequired copies will result In rejection of the voucher/invoice as Improper.

Designated A-gencv Billing Office: Vouchers/invoices shall be submitted to the following address:

U.S. Nuclear Regulatory CommissionDivIsion of Contracts - T-7-1-2Washington, DC 20555-0001

A copy of any Invoice which Includes a purchase of property valued at the time of purchase at$5000 or more, shall additionally be sent to:

NRC Property Management OfficerAdministrative Services CenterMall Stop -O-2G-112Washington, DC 20556-0001

HAND-DELIVERY OF VOUCHERS/INVOICES IS DISCOURAGED AND WILL NOT EXPEDITEPROCESSING BY THE NRC. However, should you choose to deliver vouchers/Involces by hand,Including delivery by any express mall service or special delivery service which uses a courier orother person to deliver the voucherslinvoices In person to the NRC, such vouchers/involces mustbe addressed to the above Designated Agency Billing Office and will only be accepted at thefollowing location:

U.S. Nuclear Regulatory CommissionOne White Flint North - Mail Room11555 Rockville PikeRockville, MD 20852

HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVEADDRESS

Note that the official receipt date for hand-delivered vouchers/involces will be the date It Isreceived by the officIal agency billing office In the Division of Contracts.

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Billing Instructions for Fixed Price Contracts (October 2003)Attachment 1

Page 2

Agency Payment Office: Payment will continue to be made by the office designated In thecontract In Block 12 of the Standard Form 26 or Block 26 of the Standard Form 33, whichever Isapplicable.

Frequency: The contractor shall submit a voucher or Invoice only after the NRC's final acceptanceof services rendered or products delivered In perfornance of the contract unless otherwisespecified In the contract.

Preparation and Itemization of the Voucherlinvoice: The voucherlinvolce shall be prepared In Inkor by typewriter (without strike-overs). Corrections or erasures must be Initialed. To beconsidered a proper voucherflnvolce, all of the following elements must be Included:

1. Contractor's Data Universal Number (DUNS) or DUNS+4 number that Identifies thecontractor's name and address. The DUNS.4 number Is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the contractor to Identifyalternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

2. Contract number.

3. Sequential voucherlinvoice number.

4. Date of voucherfinvoice.

6. Payee's name and address. Show the name of the Payee as It appears In the contract andits correct address. If the Payee assigns the proceeds of this contract as provided for Inthe assignment of claims terms of this contract, the Payee shall require as a condition ofany such assignment, that the assignee shall register separately In the Central ContractorRegistration (CCR) database at http:lwwwnccr.gov and shall be paid by EFT In accordancewith the terms of this contract. See Federal Acquisition Regulation 52.232-33(g) Paymentby Electronic Funds Transfer - Central Contractor Registration (October 2003).

6. Description of articles or services, quantity, unit price, and total amount.

7. For contractor acquired property list each Item purchased costing $50,000 or more andhaving a life expectancy of more than 1 year and provide: (1) an Item description, (2)manufacturer, (3) model number, (4) serial number, (5) acquisition cost, (6) date ofpurchase, and (7),a copy of the purchasing document.

8. Weight and zone of shipment, If shipped by parcel post.

S. Charges for freight or express shipments. Attach prepaid bill If shipped by freight orexpress.

10. Instructions to consignee to notify the Contracting Officer of receipt of shipment.

11. For Indefinite Delivery contracts or contracts under which progress payments areauthorized, the final voucherlinvoice shall be marked "FINAL VOUCHER" OR "FINALINVOICE."

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Billing Instructions for Fixed Price Contracts (October 2003)Attachment 1

Page 3

Currency: Billings may be expressed In the currency normally used by the contractor Inmaintaining his accounting records and payments will be made In that currency. However, theU.S. dollar equivalent for all voucherslinvolces paid under the contract may not exceed the totalU.S. dollars authorized In the contract.

Supersesslon: These Instructions supersede any previous billing-Instructlons.

S:IDC InstructionsIBlllng Instruct FP 2003.wpd

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PERFORMANCE REQUIREMENTS SUMMARY - DR-02-04-016

Contract Reguirement Performance Standard Surveillance Method Max. Error Rate Deduction

Project ManagementPlan

Plan must address 100%of the areas* in the sow

100% inspectionby Tech. Monitor

0% 20% for eacharea not adequately

addressed

*Areas are: Introduction, Strategy, Organization, Process, and Project Controls, Reporting and Documentation

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