a.1 sf1449 solicitation/contract/order for … · 2014. 10. 8. · solicitationicontractiorder for...

SOLICITATIONICONTRACTIORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

OFFEROR TO COMPLETE BLOCKS 12,17, 23, 24, & 30 CSO-14-0034 1 182. CONTRACT NO 3. AWARD/ 4. ORDER NUMBER 5 SOLICITATION NUMBER 6. SOLICITATION

GS35F0265X EFFECTIVE DATE ISSUE DATE

09/30/2014NRC-HQ-7S-24-T-00017. FOR SOLICITATION L a. NAME 1b. TELEPHONE NUMBER (No coflect calls) 8 OFFER DUE DATEILOCAL TIME

INFORMATION CALL: FATIMA SHULER 301-287-3726

9. ISSUED BY CODE NRCHQ 10.THISACQUISITIONIS .. UNRESTRICTEDOR A SETASIDE. 1-0.-00 %FOR:

WOMEN-OWNED SMALL BUSINESSUS NRC - HQ i. SMALL BUSINESS j (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

ACQUISITION MANAGEMENT DIVISION HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 423430

MAIL STOP 3WFN-05-C64MP BUSINESS K. EDWOSB

WASHINGTON DC 20555-0001 [L JSERVICE-DISABLED ;I 8(A)VETERAN-OWNED SIZE STANDARD: 1 0 0SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING

TION UNLESS BLOCK IS [., 13a. THIS CONTRACT IS AMARKED 30 RATED ORDER UNDER 14. METHOD OF SOLICITATION

_] SEE SCHEDULE 30 DPAS (15 CFR 700) 1MRFO LIIFATIRNt IRFO '_iIFB 1.. RFP

15. DELIVER TO CODE I NRCHQ 16. ADMINISTERED BY CODE NRCHQ

US NUCLEAR REGULATORY COMMISSION- US NRC - HQMAIL PROCESSING CENTER ACQUISITION MANAGEMENT DIVISION4930 BOILING BROOK PARKWAY MAIL STOP 3WFN-05-C64MP

ROCKVILLE MD 20852 WASHINGTON DC 20555-0001

17a. CONTRACTOR/ CODE 098692374 FACILITY 18a. PAYMENT WILL BE MADE BY CODE 1NRCPAYMN TSOFFEROR CODE

IMMIXTECHNOLOGY INC US NUCLEAR REGULATORY COMMISSION8444 WESTPARK DR STE 200 ONE WHITE FLINT NORTH

MCLEAN VA 221025112 11555 ROCKVILLE PIKEMAILSTOP 03-E17A

ROCKVILLE MD 20852-2738

TELEPHONE NO.

[117b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK la UNLESS BLOCK BELOW

IS CHECKED L__ISEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

This is a firm-fixed price order.

The contractor shall provide EnCase Enterprise,Portable, eDiscovery, and associated software

listed in Section B, Price/Cost Schedule.

immixTechnology POC: Daniel Finn; Email:[email protected]; Phone: 703-752-0610

Delivery: 1 Days After AwardPeriod of Performance: 09/30/2014 to 09/29/2019Continued ...

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

25. ACCOUNTING AND APPROPRIATION DATA 6. TOTAL AWARD AMOUNT (For Govt. Use Only)

2014-X0200-FEEBASED-7S-7SD001-51-J-144-N7427-252A $251,814.01

LI) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA TARE r1 ARE NOTATTACHED.

S27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA Li- ARE LX] ARE NOT ATTACHED.

[128. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN . . L 29. AWARD OF CONTRACT: REF. OFFER

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

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

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type orpnnt) 31c. DATE SIGNED

ERIKA EAM 09/15/2014

AUTHOIZE FIOII:UR LOC.AL RE:PRI'DUCUT;IONPREVIOUS EDITION IS NOT USABLE

TENRI~P[ATE - MANIlOSUNSI REVIEW G.MPLETL

STANDAbRD bOR GSA144F (R4E VR 253012)Prescribed by GSA - FAR (48 CFR) 53.212

OATMISEP 3 0 2014

2 of 18

19. 20. 21. 22. 23 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY I UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS 1EEN

r RECEIVED i INSPECTED LII 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 VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

COMPLETE PARTIAL FINAL[7 PARTIAL [li FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Prnt)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE_______________________________

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY,/MMDD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

S E C T IO N A .................................................................................................................................. 1A.1 SF1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS .................................... 1

SECTION B - CONTINUATION BLOCK ................................................................................................... 4B.1 PRICE/COST SCHEDULE .................................................................................................................. 4B.2 NRCF030C PERIOD OF PERFORMANCE ALTERNATE III ............................................................. 6B.3 CONSIDERATION AND OBLIGATION-FIRM-FIXED PRICE ............................................................. 7

SECTION C - TASK ORDER TERMS AND CONDITIONS .......................................................................... 8C .1 B R A N D IN G ............................................................................................................................................ 8C.2 PACKAGING AND MARKING ................................................................................................. ..... 8C.3 ELECTRONIC PAYMENT (SEP 2014) ................................................................................................ 8C.4 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE

A D D R E S S .............................................................................................................................................. 8C.5 GREEN PURCHASING (SEP 2013) .................................................................................................. 9C.6 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR

E M P L O Y E E S ......................................................................................................................................... 9C.7 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS ......................................... 9C.8 OPTION PERIODS - TASK ORDER/DELIVERY ORDER UNDER A GSA FEDERAL SUPPLY

SCHEDULE CONTRACT ..................................................................................................................... 10C.9 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS ..................................... 10C.10 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999) ............................................................. 11C.11 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000) .......................... 11C.12 2052.215-70 KEY PERSONNEL. (JAN 1993) ............................................................................... 11C.13 2052.215-71 PROJECT OFFICER AUTHORITY. (OCT 1999) ...................................................... 12C.14 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED (SEP

2 0 1 3 ) ................................................................................................................................................... 1 3

ATTACHMENT 1- BILLING INSTRUCTIONS .................................................................................. 15

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SECTION B - CONTINUATION BLOCK

B.1 PRICEICOST SCHEDULE

Base Year: 9/3012014 - 9129/2015ITEM I DESCRIPTION QTY UNIT PRICE EXTENDEDQTY UNIT

ýPRICE

IEXTENDED

PRICE

EnCase Enterprise SMS I EA[enal +:: VOL5I-LOUo/

Part # 3106010102 EnCase Portable SMS EA

Serial # C1002001424, C1002001439Part # 310600015

3 EnCase Enterprise SMS EASerial # X1 00008005329Part # 310601010

4 EnCase Cyber Security SMS EAPart # 310602100

5 EnCase eDiscovery SMS EAPart # 310300010

6 EnCase Forensic SMS T EA 1

Part #310600010

7 EnCase Enterprise SMS EASerial # V914831461 U, V1 949315216Part # 310601010 i

TOTAL: $47,430.31

Option Year 1: 913012015 - 912912016ITEM DESCRIPTION QTY UNIT PRICE EXTENDED PRICE

1 EnCase Enterprise SMS EA •Serial #: V524268087Part # 310601010

2 EnCase Portable SMS -EA -Serial # C1002001424,C1002001439Part # 310600015

3 EnCase Enterprise SMS EA ii nSerial # X100008005329Part # 310601010


5 EnCase eDiscovery SMS U EA • IPart # 310300010

6 EnCase Forensic SMS 1 EAPart #310600010

7 EnCase Enterprise SMS EASerial # V914831461 U,

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V1949315216Part# 310601010

TOTAL: $48,853.21

Option Year 2: 913012016 - 9129/2017ITEM DESCRIPTION QTY UNIT PRICE EXTENDED PRICE

1 EnCase Enterprise SMS i EASerial #: V524268087Part # 310601010

2 EnCase Portable SMS EASerial # C1002001424,C1002001439Part # 310600015


4 EnCase Cyber Security SMS l EAPart # 310602100

EnCase eDiscovery SMS EAPart # 310300010

6 EnCase Forensic SMS • EAPart #310600010

7 EnCase Enterprise SMS EASerial # V914831461U,V19493115216Part # 310601010

TOTAL: $50,318.82

Option Year 3: 9/3012017 - 9/29/2018ITEM DESCRIPTION QTY i UNIT PRICE EXTENDED PRICE

1 EnCase Enterprise SMS 3 EASerial #: V524268087Part # 310601010




5 EnCase eDiscovery SMS EA 1MPart # 310300010

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6 EnCase Forensic SMSPart #310600010

7 {-EnCase Enterprise SIMVSSerial # V914831461 U,V1949315216Part # 310601010

Option Year 4: 913012018 - 9/2912019ITEM DESCRIPTION QTY UNIT PRICE EXTENDED PRICE

1 EnCase Enterprise SMS - EA ISerial #: V524268087Part # 310601010



4 EnCase Cyber Security SMS . EAPart # 310601010

5 EnCase eDiscovery SMS EAPart # 310300010

6 EnCase Forensic SMS E: EA-Part #310600010

7 EnCase Enterprise SMS EASerial # V914831461 U,V194931 5216Part # 310601010

TOTAL: $53,383.26GRAND TOTAL: $251,814.01

B.2 NRCF030C PERIOD OF PERFORMANCE ALTERNATE III

This contract shall commence on 9/30/2014 and will expire on 9/29/2015. The term of this contract may beextended at the option of the Government for an additional four (4), from 9/30/2016 to 9/29/2019.

The term of this contract may be extended at the option of the Government for an additional [Insert period oftime here] (not to exceed six months).

Base Period: 9130/2014 - 9/29/2015

Option Period(s):

Option Year 1: 9/30/2015 - 9/29/2016

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Option Year 2: 9/30/2016 - 9/29/2017Option Year 3: 9/30/2017 - 9/29/2018Option Year 4: 9/30/2018 - 9/29/2019

B.3 CONSIDERATION AND OBLIGATION-FIRM-FIXED PRICE

(a) The total amount of the Firm-Fixed-Price portion of this contract is $251,814.01.(b) The amount obligated by the Government with respect to this contract is $47,430.31.(c) This is an incrementally-funded contract and FAR 52.232-22 - "Limitation of Funds" applies.

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SECTION C - TASK ORDER TERMS AND CONDITIONS

NOT SPECIFIED IN THE CONTRACT

1030 NRC ACQUISITION REGULATION (NRCAR) AUG 2011PROVISIONS AND CLAUSES

C.1 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,then the contractor must acknowledge that information in its documentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Computer Security, underContract/order number GS35F0265X/ NRC-HQ-7S-14-T-0001.

C.2 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 withthe Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers asapplicable to the mode of transportation.

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

(c) Additional packaging and/or marking requirements are as follows: GS35F0265X/ NRC-HQ-7S-14-T-0001.

C.3 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".

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

C.4 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCEADDRESS

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 15C of theStandard Form 33 may be disregarded.

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C.5 GREEN PURCHASING (SEP 20.13)

(a) In furtherance of the sustainable acquisition goals included in Executive Order 13514, "Federal Leadershipin Environmental, Energy, and Economic Performance," products and services acquired under thiscontract/order shall be energy-efficient (Energy Star or Federal Energy Management Program (FEMP)designated), water-efficient, biobased, environmentally preferable (e.g., Electronic Product EnvironmentalAssessment Tool. (EPEAT) certified), non-ozone depleting, recycled content, and non-toxic or less toxicalternatives, to the maximum extent practicable in meeting NRC'contractual requirements.

(b) See NRC's Green Purchasing Plan (GPP)at: http://pbadupws.nrc.gov/docs/ML1219//ML12191Al30.pdfand the General Service Administration's (GSA) Green Procurement Compilation at:http://www.gsa.gov/portal/content/198257.

(c) The contractor shall flow down this clause into all subcontracts and other agreements that relate toperformance of this contract/order.

C.6 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOREMPLOYEES

(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 performedunder this contract.

C.7 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.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.gov/portal/site/uscis.

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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.

C.8 OPTION PERIODS - TASK ORDER/DELIVERY ORDER UNDER A GSA FEDERAL SUPPLYSCHEDULE CONTRACT

The Period of Performance (POP) for this requirement may extend beyond the Offeror's current POP on theirGSA Schedule. Offerors may submit proposals for the entire POP as long as their current GSA Schedulecovers the requested POP, or their GSA Schedule contains GSA's "Evergreen Clause" (Option to Extend theTerm of the Contract), which covers the requested POP if/when the option(s) are exercised. Offerors areencouraged to submit accurate/realistic pricing for the requirement's entire POP, even if the proposed GSASchedule does not include pricing for the applicable option years, etc.

For proposal evaluation purposes, the NRC assumes that applicable Evergreen Clause Option(s) will beexercised and the NRC will apply price analysis, as applicable. It is in the best interest of the Offeror toexplain major deviations in escalation, proposed in any Evergreen Clause option years. Resulting GSAtask/delivery order option years subject to the Evergreen Clause will be initially priced utilizing the same ratesproposed under the last GSA-priced year of the subject GSA Schedule. Upon GSA's exercise of the GSASchedule option year(s) applicable to the Evergreen Clause, the NRC will modify the awarded task/deliveryorder to incorporate either the proposed pricing for the option years or the GSA-approved pricing (whichever islower).

It is incumbent upon the Offeror to provide sufficient documentation (GSA-signed schedule, schedulemodifications, etc.) that shows both the effective dates, pricing and terms/conditions of the current GSASchedule, as well as Evergreen Clause terms/conditions (as applicable). Failure to provide thisdocumentation may result in the Offeror's proposal being found unacceptable.

C.9 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, rebuttingstatements, 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.

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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.

C.10 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 specifiedin 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 [insert the period of time within which the Contracting Officer may exercise theoption].

C.l1 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within[insert the period of time within which the Contracting Officer may exercise the option]; provided that theGovernment gives the Contractor a preliminary written notice of its intent to extend at least Udays (60days unless a different number of days is inserted) before the contract expires. The preliminary noticedoes not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include thisoption clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall notexceed f](months)(years).

C.12 2052.215-70 KEY PERSONNEL. (JAN 1993)

(a) The following individuals are considered to be essential to the successful performance of the workhereunder:

*The contractor agrees that personnel may not be removed from the contract work or replaced without

compliance 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.

* To be incorporated into any resultant contract

C.13 2052.215-71 PROJECT OFFICER AUTHORITY. (OCT 1999)

(a) The contracting officer's authorized representative hereinafter referred to as the project officer for thiscontract is:

Name: Charles WatkinsEmail: Charles.Watkins(mnrc.govTelephone Number: 301-415-6199

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

(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, authorizestravel which was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work orchanges to specific travel identified in the Statement of Work), fills in details, or otherwise serves to accomplishthe contractual statement of work.

(2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technicalportions of the work description.

(3) Review and, where required by the contract, approve technical reports, drawings, specifications, andtechnical information to be delivered by the contractor to the Government under the contract.

(c) Technical direction must be within the general statement of work stated in the contract. The project officer

does not have the authority to and may not issue any technical direction which:

(1) Constitutes an assignment of work outside the general scope of the contract.

(2) Constitutes a change as defined in the "Changes" clause of this contract.

(3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or thetime required for contract performance.

(4) Changes any of the expressed terms, conditions, or specifications of the contract.

(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateraldirective whatever.

(d) All technical directions must be issued in writing by the project officer or must be confirmed by the project

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officer in writing within ten (10) working days after verbal issuance. A copy of the written direction must befurnished to the contracting officer. 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 contracting officer.

(e) The contractor shall proceed promptly with the performance of technical directions duly issued by theproject officer in the manner prescribed by this clause and within the project officer's authority under theprovisions of this clause.

(f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one of thecategories defined in paragraph (c) of this section, the contractor may not proceed but shall notify thecontracting officer in writing within five (5) working days after the receipt of any instruction or direction and shallrequest that contracting officer to modify the contract accordingly. Upon receiving the notification from thecontractor, the contracting officer shall issue an appropriate contract modification or advise the contractor inwriting that, in the contracting officer's opinion, the technical direction is within the scope of this article anddoes not constitute a change under the "Changes" clause.

(g) Any unauthorized commitment or direction issued by the project officer may result in an unnecessary delayin the contractor's performance and may even result in the contractor expending funds for unallowable costsunder the contract.

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

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

(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, andrecommend to the contracting officer 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 contracting officerrecommendations for approval, disapproval, or suspension of payment for supplies and services requiredunder this contract.

C.14 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED (SEP2013)

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

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1973, as amended, and is viewable at: http://www.access-board.gov/sec508/standards.htm)

Exceptions.All EIT that the government acquires by purchase or by lease/rental under this contract must meet theapplicable 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.

The EIT is located in spaces frequented only by service personnel for maintenance, repair or occasionalmonitoring of equipment.

[ ] Compliance with the applicable 36 C.F.R. Part 1194 provisions would impose an undue burden on theagency.

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.gov for more information:

11194.21 Software applications and operating systems.11194.22 Web-based intranet and internet information and applications. 16 rules.11194.23 Telecommunications products.11194.24 Video and multimedia products.

1194.25 Self contained, closed products.1194.26 Desktop and portable computers.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 exceptionsthat apply. If no exceptions apply, then the Contracting Officer should, under the Applicable Standardsparagraph, check the boxes that indicate which of the standards apply. See FAR Subpart 39.2 andwww.section508.gov for additional guidance.

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U.S.NRC5-- N . A.i , C.- r.

A-y.Mug hkzp aE-b,"MWM INVOICE FORMAT FOR FIXED-PRICE

ATTACHMENT I

BILLING INSTRUCTIONS FORFIXED-PRICE TYPE CONTRACTS (MAY 2013)

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 INVOICESNOUCHERS 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: NRCPaymentscnrc.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 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) 13.1, IV, C - "Reporting Requirements" (revised 2/16/2011).

A-gency 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 (July2011).

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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 theDUNS number plus a 4-character suffix that may be assigned at the discretion of the Payee to identifyalternative Electronic Funds 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.gov/Businesses/SmaII-Businesses-&-Self-Employed/Employer-ID-Numbers-(ElNs)).

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 FAR 52.232-23, the Payee shall require as a condition of any such assignment, that the assignee shallregister separately in the System for Award Management (SAM) database at http://sam.gov and shall be paidby EFT in accordance with the terms of this contract. See Federal Acquisition Regulation (FAR) 52.232-33(g)Payment by Electronic Funds Transfer - Central Contractor Registration (October 2003).

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 thanone task 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. Billing 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

total price.

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 (CLIN) or SubCLIN in the contractpertaining to the specified contract deliverable(s).

k. Shipping. 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. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.

p. Adiustments. 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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