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IOTRC RATING AEO AE1. THIS CONTRACT IS RATED ORDER RPAGEOFPAGES

AWARD/CONTRACT UNDER DPAS (15 CFR 700) I / A 1 i 39

2. CONTRACT NO (Pm:- Inst. loer, | 3. EFFECTIVE DATE 14. REQUISITION/PURCHASE REOUESTIPROJECT NO.:.':".C-O'• -:J - 539II C' -09- U

5. 1SSUED BY CODE 3101 :6 ADMINISTERED By) , er' ie- SI CODE ___! __,

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Ia:h g:•got:., DC 205535 hI.ashing 'on, DC 20555

7. NAME AND ADDRESS OF CONTRACTOR (No.. s-reer cy. courIy, State ano ZPCoc) 8. DELIVERY

0J-.GTTAL MAAUEYNT T -; -

_ FOB ORIGIN OTHER (See beim,

9. DISCOUNT FOR PROMPT PAYMENT

6-0e DO*:OCFACY 1 T1) :C

3ii5'ESi)A. MD 2061 7i 372{

t0. SUBMIT INVOICES ITEM

(4 copews unless orasrivse_I spec,'d) TO THE

CODE FACILITY CODE " ADDRESS SHOWN IN

11. SHIP TO(MARK FOR CODE _ _ _ 12 PAYMENT WILL BE MADE BY CODE 3 00

U.. '1lclear Requnatuy CorlrxIrsioll Departm'.ent of Interior /zNBCA-Ct.!: Coro Khanr 'ZC, :CR yrnentishrnbc. govIail S~op: T4 A43 Azun: Ficcal Service, S.'arich -D12,0

'1301 'e. Mansfield Avenue:fshJI'g. o :i DC 20555 i D :xvr.: CO0 80235-2230.

13 AUTHORITY FOR USING 01 HER THAN FULL AND OPEN COMPETITION 14. ACCOUNTING AND APPROPRIATION DATA- 41 U.S.C S300.000 E3&iR: 911-15-123-131 Oob: R2247

10 U.S.C 2304(cX X . 41U.S.C 253(cg3 IBOC:252A ,Approp.:31X0200.911 FFS:NSR-09-539 DUNS:113552359

IA ITELINO!: 15B. SUPPLIESiSERVICES ISC. OUAN-nv I5D. UNI I 14E. UNIT FR:CE I SF. AMOUNT

T Th0o' cLIJ: loTh I provide Ohe Tnervices required in •oeaa'otachie sed ,e::t of w ,ork i, accordance wich :he attached

ce schcdule. ITotI4,] Conrtract Ceiling: $3241 9056TuOa] Obi .g'iated Amou-t: $326,100 IPeriod of oerformance: 6 monchs

$324,956

15G. TOTAL AMOUNT OF CONTRACT S 0- - ;$i0 ,0.00 .00

16. TABLE OF CONTENTS(XD •DSCRIPTION: AGH(SI (r! SE.I DESCRIPTION PAGEIS)

PART I. -THE SCHEDULE PART II - CONTRAC.T CLAUSES

SSOt.0CITArIONLCONTRACT FORI I I CONTRACT CLAUSES

8 SUPPIFES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTlON/SPECs VORK STATEMENT J .1IST OF AfIACHMENTS,

O PACKAGING AND MiARKINGD PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPiANCE REPRESENTATIONS. CFRTlFlCATIONS AND

F DELIVERIES OR PERFORMANCE OTHER STATEOXNTS OF OFrERORS

G i CONTRACT ADI.SNISTRATION DATA L I INSTRS.. CONDS.. AND NOTICES TO OFFER1 StSECIA. CONTRACT REQUIR---EENTS EVALUATION FACTORS FOR AWARD

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE17. CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this

docuTrnc't and retum 1 copies to issu;qg offico.) Contractoragrees tI furnish and deliver all items or perform all the services set fortl orotherwisu identifcie above and an any continuation sheets for the considerationstated herein. The rights and obligations of the earties to this contract shall besubjcct to aid governed by the following documents: (a) this awardlcontract, (bIthe solicitation. If any. and (c) such provisions. representations. certifications. andspecifications, as are attached or incorporated by reference herein. (Attachmentsare listed herein.)

18I AWARD IConrra-or aisr oecuima tosn 4thi oouoment) Your

offer on Solicitation NumbOr.including the additions or changes made by you which additions or changes are setforth in full above, Is hereby accepted as to the items listed above andon allycondition sheets This award consummates the contract which consists of thefollowing documents, (a] the Government's solicitation andyour offer, and (b) thisawardlcontract...No further contractsal document is necessary.

19A NAME AND TITLE OF SIGNER (Type or print)

If i C

'I.

fEMPLATE - ADN00l SUN4 IPIVIE 0MR& ICT 02 2009 ADOB

NRC-07-09-539 Section B

Table of Contents

PART I - THE SCHEDULE ..................................................................................................... B-

SECTION B - SUPPLIES OR SERVICES AND PRICEICOSTS .................................................. B-1

B.1 PR IC E/CO ST SC H ED U LE ........................................................................................... B-1B.2 PROJECT TITLE ............................................ B-1B.3 BRIEF DESCRIPTION OF WORK (MAR 1987) ............................. B-1B.4 CONSIDERATION AND OBLIGATION........................................................................ B-1B .5 C O N T R A C T T Y P E ........................................................................................................... B -1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK .............................. C -1

SECTION D - PACKAGING AND MARKING ............................................................................ D-1

D.A PACKAGING AND MARKING (MAR 1987) ................................................................. D-1

SECTION E - INSPECTION AND ACCEPTANCE ..................................................................... E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ............ E-1E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) ....................................... E-1

SECTION F - DELIVERIES OR PERFORMANCE ..................................................................... F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ...... F-1F.2 2052.211-70 PREPARATION OF TECHNICAL REPORTS (JAN 1993) ............ F-1F.3 2052.211-71 TECHNICAL PROGRESS REPORT (JAN 1993) .................................. F-1F.4 PLACE OF DELIVERY--REPORTS (JUN 1'988) ..................................................... F-1F.5 DURATION OF CONTRACT PERIOD (MAR 1987) ......................................................... F-2

SECTION G - CONTRACT ADMINISTRATION DATA ............................................................... G-1

G.1 2052.215-71 PROJECT OFFICER AUTHORITY (NOVEMBER 2006)G-Error! Bookmark not defined.

SECTION H - SPECIAL CONTRACT REQUIREMENTS ............................................................. H-1

H.1 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY - NONE PROVIDED (JUN 1988)............................................................... Hi1

H .2 S E A T B E LT S .................................................................................................................. H -1H.3 COMPENSATION FOR ON-SITE CONTRACTOR PERSONNEL (ALTERNATE 1)H-Error! Bookmark 1H.4 APPROPRIATE USE OF GOVERNMENT FURNISHED INFORMATION TECHNOLOGY

(IT) EQUIPMENT AND/ OR IT SERVICES/ ACCESS (MARCH 2002) ..................... H-1H.5 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (AUG 2003) ............... H-1H.6 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR

E M P LO Y E ES (JU LY 2006) ............................................................................................ H -2H.7 SAFETY OF ON-SITE CONTRACTOR PERSONNEL .................................................... H-2H.8 COMPLIANCE WITH US IMMIGRATION LAWS AND REGULATIONS .......................... H-2H.9 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (JUL 2007) ......... H-3H.10 2052.204-71 BADGE REQUIREMENTS FOR UNESCORTED BUILDING ACCESS TO

N R C FA C ILIT IES (M A R 2006) ....................................................................................... H -4H.11 2052.204.70 SECURITY (MAR 2004) ..................................................................... H-5H.12 2052.215-70 KEY PERSONNEL (JAN 1993) ................................................................ H-6

PART II - CONTRACT CLAUSES ............................................................................................. I-1

SECTION I - CONTRACT CLAUSES ......................................................................................... I-1

1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ............ I-11.2 52.216-7 ALLOWABLE COST AND PAYMENT (DEC 2002) ............................................ 1-3


1.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR2 0 0 9 ) ................................................................................................................................ 1-6

1.4 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OFUNION DUES OR FEES (DEC 2004) .............................................................................. 1-7

1.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ............................. 1-91.6 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT -ALTERNATE 1 (OCT 1999)

... ......................................................................................... ............................................. 1-9

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ............................... J-1

SECTION J - LIST OF ATTACHMENTS ......................................................................................... J-1


PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

CLIN Description Type Total1. Laborla. Initial Project Plan Firm Fixed Pricelb. Final Project Plan Firm Fixed Price1 c. Requirements Document Firm Fixed Priceid. Research Results Document Firm Fixed Pricel e. Final Implementation Plan Firm Fixed Price2. Materials - voice conferencing system Cost Reimbursement3. Travel Cost Reimbursement

Total $324,956

*This is inclusive of a General and administrative expense fee of 4.25%.

B.2 PROJECT TITLE

The title of this project is as follows:

OCIMS Voice conferencing system

B.3 BRIEF DESCRIPTION OF WORK (MAR 1987)

The contractor shall replace the current voice conferencing system for the Headquarters Operations Centerand Region IV Incident Response Center.

BA CONSIDERATION AND OBLIGATION

(a) The firm fixed price for CLIN 001 of this contract is $61,203.50.

(b) The total estimated cost to the Government for CLINS 002 and 003 is $263,752.50.

(c) The amount obligated by the Government with respect to this contract is $300,000, of which $61,203.50if for CLIN 001 and $238,796.50 is for CLINS 002 and 003.

B.5 CONTRACT TYPE

This is a hybrid contract, containing firm fixed price cost reimbursement CLINs.

B-1

NRC-07-09-539 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OFWORK

STATEMENT OF WORKFOR CONTRACTOR TO PROVIDE THE

OCIMS VOICE CONFERENCING SYSTEM

1. BACKGROUND.

The U.S. Nuclear Regulatory Commission's (NRC) responsibilities during an emergency response to anaccident are to monitor, assess, and, if necessary, direct the utility to take actions to protect the health andsafety of the public and to promote the common defense and security. In order to carry out theseresponsibilities, the NRC maintains a Headquarters Operations Center (HOC) located on the 4th floor of theTwo White Flint North building of the NRC complex. Headquarters Operations Officers (HOO) staff the HOCcontinuously to receive and document telephone notifications from licensees and others. Written reports ofthese notifications are distributed outside the HOC for review and follow-up action. A small number of thesenotifications trigger activation of the NRC Incident Response Plan, under which response teams use thefacilities in the HOC, in the regional offices, and at the plant sites to fulfill the NRC mission of ensuring that thepublic is adequately protected.

Operational readiness for the HOC is supported by the Operations Center Information Management System(OCIMS). OCIMS is a General Support Services (GSS) system that includes a range of sub-systems for data,display and voice. The OCIMS sub-system that is used by the responder staff to manage telephoneconferences is the voice conferencing component of the voice sub-system. The current voice conferencingsystem is an Avaya/Spectel System 700 that was installed in 2002. This system interfaces with the HOC PBX(Nortel Meridian option 81C). The voice conferencing system allows the HOC to create multiple voiceconferencing bridges as well as the ability to create, maintain and dial a large number of call lists. There is asecond backup system located in the Region IV Incident Response Center (IRC).The current voice conferencing systems are no longer supported by Avaya. The HOC requires areplacement for both these systems.

2. OBJECTIVE

The primary objective of this contract is to replace the existing voice conferencing systems at NRC HOC, andRegion IV IRC, with equivalent or better systems.

The replacement systems should provide:* User friendly functionality and interfaces* Ease of system administration* Ease of maintenance* Ability to meet user requirements

3. SCOPE OF WORK

There are three main tasks that will be addressed with this Statement of Work:1. Gather the requirements and design specifications for the replacement voice

conferencing systems.2. Research and provide a minimum of three possible solutions.3. Purchase, install and provide training for the selected system..

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4. TASKSIn order to support NRC's mission to ensure adequate protection of public health and safety, thecontractor shall complete the following tasks:

4.1 Gather Requirements

The contractor will collect the requirements for the replacement voice conferencing systems,and prepare a requirements document. These requirements will be gathered using the following sources:

* Specifications of current system* Interview IRD Management" Interview Operations Officers* Interview Incident Response (IR) Branch Staff* Interview Project officer* Interview contractor staff supporting the current voice conferencing system

The contractor will produce a Requirements Document that must be approved by the Project

Officer.

4.2 Research Solution

Using the approved Requirements Document, the contractor will research the current market for aminimum of three possible solutions. As part of this research the contractor will provide for demonstrationsof the proposed solutions. An opportunity will be provided for a detailedresponse to questions that the NRC may have for each vendor. The contractor will produce a reportdetailing the advantages and disadvantages of each system, as compared to therequirements. This document will also contain the following:

* Costs associated with purchase of each system" Costs associated with installation of each system* Costs associated with training (both user and administrator) of each system* Costs associated with maintenance of each system* Proposed timeline for delivery, installation and training

This Research Results Document must be approved by the Project Officer.-

4.3 Provide selected solutionOnce the NRC has approved a solution, the contractor will provide the following:4.3.1 Timeline for Purchase, Installation and Training, this must be approved by the

Project officer.

4.3.2 Purchase of the selected systemThe contractor will arrange for the purchase and delivery of the selected system.The purchase price will include a warranty and maintenance for the first year.

4.3.3 Installation of the systemThe contractor will arrange for the installation of the systems at NRC Headquarters as well as Region IV.This installation will include the hardening of the system in order to ensure that the systems will meet DISAGold standards (The DISA Gold CD will be provided by NRC).

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4.3.4 Training in the use of the systemThe contractor shall provide hands on administrator and user training for the voice conferencing systemproducts, at NRC Headquarters as well as Region IV.

5. DELIVERABLES

Deliverables shall be provided in either Microsoft Word (version 2003 or lower) or in Microsoft Project (version2007 or lower)Related Deliverable Deliverable due dateTask

Kick off meeting Within 3 days of awardInitial project plan Within 3 days of awardFinal project plan Within 1 week of Kick off

Task 1 Requirements document Within 4 weeks of Kick offTask 2 Research Results document Within 6 weeks of Requirements Document

Task 3 Proposed timeline for purchase, Within 4 weeks of NRC approval for theinstallation and training system

Task 3 Final implementation plan Within 3 weeks of Results Document

6. TRAVEL

Travel will be expected during the contract to the NRC Operations Center located in:

USNRC-HQTwo White Flint North

- 11545 Rockville PikeRoom: T4-B5Rockville, MD 20852-2738

Local travel expenses will not be reimbursed.

As well as the Region IV Incident Response Center (IRC) located in

US NRC - Region IVTexas Health Resources Tower612 E. Lamar Blvd., Suite 400Arlington, TX 76011-4125

The contractor shall quote all travel and per diem costs that are required to complete this project forinstallation. We estimate that installation will be performed during 2 days by one contractor staff. Travel shouldbe quoted according to the Federal Travel regulations.

7. PERIOD OF PERFORMANCE

The period of performance is six months, however the voice conferencing system selected should provide oneyear of maintenance.

8. REQUIREMENTS FOR SUBJECT MATTER EXPERT

Minimum/General Experience:Minimum of twelve years (12) of experience in an area of specialization associated with the requirement.Experience with Government or industry standards, processes, procedures, methodologies, or tools thatsupport analysis as relative to the requirement.

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Functional Responsibility:

Provides minimally supervised support for difficult analysis and evaluation assignments. Has the ability toprovide analysis and consulting to management level personnel. Performs analysis and evaluation of existingor proposed processes, applications, systems, or software. Performs, and/or may direct, project planning,scope, control, management, tracking, or review. May perform functional requirements gathering for projects.Performs analysis and evaluation throughout the process, application, system, or software development life-cycle which includes, but is not limited to: planning, requirements, design, acquisition, development,integration, installation/deployment, performance tuning, testing, or training :'Performs, or may direct, documentdevelopment/preparation at various stages of a project life-cycle (e.g., planning through implementation) todetail analysis results and solution recommendations. Facilitates meetings such as joint applicationdevelopment (JAD) sessions to support the analysis process. Serves as a liaison between functional andtechnical specialists. Assists with testing to support the project life-cycle, as applicable. Uses methodologies,modeling/estimating techniques, tools, applications, systems, software, or databases at advanced levels toperform assigned tasks. Has the ability to perform strategic consulting initiatives as well as cost-benefitanalysis and business/technology alignment. Ability to use experience in a certain subject area to providestrategic business consulting. Ensures compliance with, and/or may develop, the standards and organizationrequirements relative to specific assignments. Provides staff supervision or management.

Minimum Education:

Bachelor's degree in Computer Science, Engineering, or a related field.

Alternative ExperienceAssociate's Bachelor's Master's Ph.D.

Gen Spec Gen Spec Gen Spec Gen Spec18 yrs 14 yrs 15 yrs 12 yrs 8 yrs 3 yrs 6 yrs 0 yrs

C-4

NRC-07-09-539 Section D

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING (MAR 1987)

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 theInterstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other,carriers as applicable to the mode of transportation. On the front of the package, the Contractor shall clearlyidentify the contract number under which the product is being provided.

D-1

NRC-07-09-539 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by CitationNumber, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BYREFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) forelectronic access to the full text of a clause.

NUMBER TITLE DATEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-3 INSPECTION OF MAY 2001SUPPLIES--COST-REIMBURSEMENT (CLINS 2 & 3)

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (CLIN 1) AUG 1996

E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the ProjectOfficer at the destination.

E-1

NRC-07-09-539 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by CitationNumber, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BYREFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) forelectronic access to the full text of a cladse.

NUMBER TITLE DATEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.242-15 STOP-WORK ORDER AUG 1989ALTERNATE I (APR 1984)

52.247-34 F.O.B. DESTINATION NOV 199152.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT FEB 1999

F.2 2052.211-70 PREPARATION OF TECHNICAL REPORTS (JAN 1993)

All technical reports required by Section C and all Technical Progress Reports required by Section F are tobe prepared in accordance with the attached Management Directive 3.7, "NUREG-Series Publications."Management Directive 3.7 is not applicable to any Contractor Spending Plan (CSP) and any Financial StatusReport that may be included in this contract.

F.3 2052.211-71 TECHNICAL PROGRESS REPORT (JAN 1993)

The contractor shall provide a monthly Technical Progress Report to the project officer and the contractingofficer. The report is due within 15 calendar days after the end of the report period and must identify the title ofthe project, the contract number, appropriate financial tracking code specified by the NRC Project Officer,project manager and/or principal investigator, the contract period of performance, and the period covered bythe report. Each report must include the following for each discrete task/task order:

(a) A listing of the efforts completed during the period, and milestones reached or, if missed, an. explanation.provided;

(b) Any problems or delays encountered or anticipated and recommendations for resolution. If therecommended resolution involves a contract modification, e.g., change in work requirements, level of effort(cost) or schedule delay, the contractor shall submit a separate letter to the contracting officer identifying.therequired change and estimated cost impact.

(c) A summary of progress to date; and

(d) Plans for the next reporting period.

F.4 PLACE OF DELIVERY--REPORTS (JUN 1988)

The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

(a) Project Officer (1 electronic copy)

F-1

NRC-07-09-539 Section F

(b) Contracting Officer (1 electronic copy)

F.5 DURATION OF CONTRACT PERIOD (MAR 1987)

This contract shall commence on award date and will expire six months after.

F-2

NRC-07-09-539 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PROJECT OFFICER AUTHORITY ALTERNATE 2 (FEBRUARY 2004)

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

contract is:

Name: Omar Khan

Address: US NRCMail Stop: T4 A45Washington DC 20555

Email: Omar.Khan(anrc.gov

Telephone Number: 301-415-6995

(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.

(4) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail) when acontractor employee no longer requires access authorization and return of any NRC issued badge to SB/DFSwithin three days after their termination.

(c) The project officer may not make changes to the express terms and conditions of this contract.

G.2 CONTRACTOR PURCHASE REQUEST AUTHORIZATION

The Contractor shall procure-the agreed upon hardware under the contract as directed by the ContractingOfficer (CO) and NRC PO. The Contractor shall submit a Purchase Request Authorization (PRA) to the NRCPO for approval in support of the requirements of this contract. The PRA shall include the following informationto include but not limited to:

a. Purchase Request Authorization number assigned by the contractorb. Vendor item descriptionc. Unit priced. Total pricee. Quotes or offers solicited and obtained from other known sources

The NRC PO shall provide prior approval for all Contractor procurement actions for purchases and/or materialsand equipmentin the amount of $100.01 up to $2,500.00.

The following procedures shall apply for procurement actions for purchases and/or lease of materials andequipment that exceed $2,500.00. (1) The Contractor shall comply with the competition requirements by

G-1

NRC-07-09-539 Section G

submitting price quotations from a minimum of three firms to the Contracting Officer (CO). An exception tocompetition requirements is allowed if the firm is an eligible certified 8a concern, (2) The CO will review thequotes, and upon determination of price reasonableness, will provide approval to the NRC PO and Contractorfor acquisition of the item. Any work performed by the Contractor prior to receipt of an applicable authorizationfrom the CO shall be at the Contractor's own risk.

Upon receipt of the purchase, the PO shall be notified and requested to acknowledge receipt. The Contractorwill be reimbursed for. materials, equipment and shipping charges and contractually authorized mark-up forother direct costs upon receipt of a properly executed invoice.

G-2

NRC-07-09-539 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY - NONE PROVIDED (JUN 1988)

The Government will not provide any equipment/property under this contract.

H.2 SEAT BELTS

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

H.3 APPROPRIATE USE OF GOVERNMENT FURNISHED INFORMATION TECHNOLOGY (IT)EQUIPMENT AND/ OR IT SERVICES/ ACCESS (MARCH 2002)

As part of contract performance the NRC may provide the contractor with information technology (IT)equipment and IT services or IT access as identified in the solicitation or subsequently as identified in thecontract or delivery order. Government furnished IT equipment, or IT services, or IT access may include but isnot limited .to computers, copiers, facsimile machines, printers, pagers, software, phones, Internet access anduse, and email access and use. The contractor (including the contractor's employees, consultants andsubcontractors) shall use the government furnished IT equipment, and / or IT provided services, and/ or ITaccess solely to perform the necessary efforts required under the contract. The contractor (including thecontractor's employees, consultants and subcontractors) are prohibited from engaging or using thegovernment IT equipment and government provided IT services or IT access for any personal use, misuse,abuses or any other unauthorized usage.

The contractor is responsible for monitoring its employees, consultants and subcontractors to ensure thatgovernment furnished IT equipment and/ or IT services, and/ or IT access are not being used for personal use,misused or abused. The government reserves the right to withdrawor suspend the use of its governmentfurnished IT equipment, IT services and/ or IT access arising from contractor personal usage, or misuse orabuse; and/ or to disallow any payments associated with contractor (including the contractor's employees,consultants and subcontractors) personal usage, misuses or abuses of IT equipment, IT services and/ or ITaccess; and/ or to terminate for cause the contract or delivery order arising from violation of this provision.

HA4 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (AUG 2003)

NRC contractors shall ensure that their employees, consultants, and subcontractors with access to theagency's information technology (IT) equipment and/or IT services complete NRC's online initial and refresherIT security training requirements to ensure that their knowledge of IT threats, vulnerabilities, and associatedcountermeasures remains current. Both the initial and refresher IT security training courses generally last anhour or less and can be taken during the employee's regularly scheduled work day.

Contractor employees, consultants, and subcontractors shall complete the NRC's online, "Computer SecurityAwareness" course on the same day that they receive access to the agency's IT equipment and/or services, astheir first action using the equipment/service. For those contractor employees, consultants, and subcontractorswho are already working under this contract, the on-line training must be completed in accordance with agencyNetwork Announcements issued throughout the year 2003 within three weeks of issuance of this modification.

Contractor employees, consultants, and subcontractors who have been granted access to NRC informationtechnology equipment and/or IT services must continue to~take IT security refresher training offered online bythe NRC throughout the term of thecontract. Contractor employees will receive notice of NRC's online ITsecurity refresher training requirements through agency-wide notices.

H-1


The NRC reserves the right to deny or withdraw Contractor use or access to NRC IT equipment and/orservices, and/or take other appropriate contract administrative actions (e.g., disallow costs, terminate forcause) should the Contractor violate the Contractor's responsibility under this clause.

H.5 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOREMPLOYEES (JULY 2006)

(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to theWhistleblower Employee Protection public law provisions as codified at 42 U.S.C. 5851. NRC contractor(s) andsubcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and theimplementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedureson Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOLprocedures and the requirement for prominent posting of notice of Employee Rights atAppendix A to Part 24.

(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor andsubcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting 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 workperformed under this contract.

H.6 SAFETY OF ON-SITE CONTRACTOR PERSONNEL

Ensuring the safety of occupants of Federal buildings is a responsibility shared by the professionalsimplementing our security and safety programs and the persons being protected. The NRC's Office ofAdministration (ADM) Division of Facilities and Security (DFS) has coordinated an Occupant Emergency Plan(OEP).for NRC Headquarters buildings with local authorities. The OEP has been approved by theMontgomery County Fire and Rescue Service. It is designed to improve building occupants' chances ofsurvival, minimizedamage to property, and promptly account for building occupants when necessary.

The contractor's Project Director shall ensure that all personnel working full time-on-site at NRC Headquartersread the NRC's OEP, provided electronically on the NRC Intranet at http://www.internal.nrc.gov/ADM/QEP.pdfThe contractor's Project Director also shall emphasize to each staff member that they are to be familiar withand guided by the OEP, as well as by instructions given by emergency response personnel in situations whichpose an immediate health or safety threat to building occupants.

The NRC Project Officer shall ensure that the contractor's Project Director has communicated the requirementfor on-site contractor staff to follow the guidance in the OEP. The NRC Project Officer also will assist inaccounting for on-site contract persons in the event of a major emergency (e.g., explosion occurs andcasualties or injuries are suspected) during which a full evacuation will be required, including the assembly andaccountability of occupants. The NRC DFS will conduct drills periodically to train occupants and assess theseprocedures.

H.7 COMPLIANCE WITH US IMMIGRATION LAWS AND REGULATIONS

NRC contractors are responsible to ensure that their alien personnel are not in violation of United StatesImmigration and Naturalization (INS) laws and regulations, including employment authorization documents andvisa requirements. Each alien employee of the Contractor must be lawfully admitted for permanent residence

H-2


as evidenced. by Alien Registration Receipt Card Form 1-151 or must present other evidence from theImmigration and Naturalization Services that employment will not affect his/her immigration status. The INSOffice of Business Liaison (OBL) provides information to contractors to help them understand the employmenteligibility verification process for non-US citizens. This information can be found on the INS website,http://www.ins.usdoj.gov/graphics/services/employerinfo/index.htm#obl.

The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or 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.

H.8 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (JUL 2007)

The Contractor shall ensure that all its employees, subcontractor employees or consultants who areassigned to perform the work herein for contract performance for periods of more than 30 calendar days atNRC facilities, are approved by the NRC for unescorted NRC building access.

The Contractor shall conduct a preliminary federal facilities security screening interview or review for each ofits employee, subcontractor employee, and consultants and submit to the NRC only the names of candidatesfor contract performance that have a reasonable probability of obtaining approval necessary for access toNRC's federal facilities. The Contractor shall pre- screen its applicants for the following:

(a) felony arrest in the last seven years; (b) alcohol related arrest within the last five years; (c) record of anymilitary courts-martial convictions in the past 10 years; (d) illegal use of narcotics or other controlledsubstances possession in the past year, or illegal purchase, production, transfer, or distribution of arcotics orother controlled substances in the last seven years; (e) delinquency on any federal debts or bankruptcy in thelast seven years.

The Contractor shall make a written record of its pre-screening interview or review (including any informationto mitigate the responses to items listed in (a) - (e)), and have the applicant verify the pre-screening record orreview, sign and date it. Two copies of the pre-screening signed record or review shall be supplied toFSB/DFS with the Contractor employee's completed building access application package.

The Contractor shall further ensure that its employees, any subcontractor employees and consultantscomplete all building access security applications required by this clause within ten business days ofnotification by FSB/DFS of initiation of the application process. Timely receipt of properly completed records ofthe Contractor's signed pre-screening record or review and building access security applications (submitted forcandidates that have a reasonable probability of obtaining the level of security clearance necessary for accessto NRC's facilities) is a contract requirement. Failure of the Contractor to comply with this contractadministration requirement may be a basis to cancel the award, or terminate the contract for default, or offsetfrom the contract's invoiced cost or price the NRC's incurred costs ordelays as a result of inadequate pre-screening by the Contractor. In the event of cancellation or termination, the NRC may select another firm forcontract award.

A Contractor, subcontractor employee or consultant shall not have access to NRC facilities until he/she isapproved by FSB/DFS. Temporary access may be approved based on a favorable NRC review anddiscretionary determination of their building access security forms. Final building access will be approvedbased on favorably adjudicated checks by the Government. However, temporary access approval will berevoked and the Contractor's employee may subsequently be denied access in the event the employee'sinvestigation cannot be favorably determined .by the NRC. Such employee will not be authorized to work underany NRC contract requiring building access without the approval of FSB/DFS. When an individual receivesfinal access, the individual will be subject to a review or reinvestigation every five years.

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The Government shall have and exercise full and complete control and discretion over granting, denying,withholding, or terminating building access approvals for individuals performing work under this contract.Individuals performing work under this contract atNRC facilities for a period of more than 30 calendar daysshall be required to complete and submit to the Contractor representative an acceptable OPM Form 85P(Questionnaire for Public Trust Positions), and two FD 258 (Fingerprint Charts). Non-U.S. citizens must provideofficial documentation to the FSB/DFS, as proof of their legal residency. This documentation can be aPermanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other officialdocumentation issued by the U. S. Citizenship and Immigration Services. Any applicant with less than twoyears residency in the U. S. will not be approved for building access. The Contractor shall submit thedocuments to the NRC Project Officer (PO) who will give them to FSB/DFS.

FSB/DFS may, among other things, grant or deny temporary unescorted building access approval to anindividual based upon its review of the information contained in the OPM Form 85P and the Contractor's pre-screening record. Also, in the exercise of its authority, the Government may, among other things, grant ordeny permanent building access approval based on the results of its review or investigation. This submittalrequirement also applies to the officers of the firm who, for any reason, may visit the NRC work sites for anextended period of time during the term of the contract. In the event that FSB/DFS are unable to grant atemporary or permanent building access approval, to any individual performing work under this contract, theContractor is responsible for assigning another individual to perform the necessary function without any delayin the contract's performance schedule, or without adverse impact to any other terms or conditions of thecontract. The Contractor is responsible for informing those affected by this procedure of the required buildingaccess approval process (i.e., temporary and permanent determinations), and the possibility that individualsmay be required to wait until permanent building access approvals are granted before beginning work in NRC'sbuildings.

CANCELLATION OR TERMINATION OF BUILDING ACCESS/ REQUEST

The Contractor shall immediately notify the PO when a-Contractor or subcontractor employee or consultant'sneed for NRC building access approval is withdrawn or the need by the Contractor employee's for buildingaccess terminates. The PO will immediately notify FSB/DFS (via e-mail) when a Contractor employee nolonger requires building access. The Contractor shall be required to return any NRC issued badges to theProject Officer for return to FSB/DFS within three days after their termination.

H.9 2052.204-71 BADGE REQUIREMENTS FOR UNESCORTED BUILDING ACCESS TO NRCFACILITIES (MAR 2006)

During the life of this contract, the rights of ingress and egress for contractor personnel must be madeavailable, as required, provided that the individual has been approved for unescorted access after a favorableadjudication from the Security Branch, Division of Facilities and Security (SB/DFS).

In this regard, all contractor personnel whose duties under this contract require their presence on site shallbe clearly identifiable by a distinctive badge furnished by the NRC. The Project Officer shall assist thecontractor in obtaining badges for the contractor personnel. All contractor personnel must present two forms ofIdentity Source Documents (1-9). One of the documents must be a valid picture ID issued by a state or by theFederal Government. Original 1-9 documents must be presented in person for certification. A list of acceptabledocuments can be found at http://www.usdoj.gov/crt/recruitemploy/i9form.pdf. It is the sole responsibility ofthe contractor to ensure that each employee has a proper NRC-issued identification/badge at all times. Allphoto-identification badges must be immediately (no later than three days) delivered to SB/DFS forcancellation or disposition upon the termination of employment of any contractor personnel. Contractorpersonnel must display any NRC issued badge in clear view at all times during on site performance under thiscontract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessaryfor performance of contract work, and to assure the protection of any Government records or data thatcontractor personnel may come into contact with.

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H.10 2052.204.70 SECURITY (MAR 2004)

(a) Contract Security and/or Classification Requirements (NRC Form 187). The policies, procedures, andcriteria of the NRC Security Program, NRC Management Directive (MD) 12 (including MD 12.1, "NRC FacilitySecurity Program;" MD 12.2, "NRC Classified Information Security Program;" MD 12.3, "NRC PersonnelSecurity Program;" MD 12.4, "NRC Telecommunications Systems Security Program;" MD 12.5, "NRCAutomated Information Systems Security Program;" and MD 12.6, "NRC Sensitive Unclassified InformationSecurity- Program"), apply to performance of this contract, subcontract or other activity. This MD is :,4.incorporated into this contract by reference as though fully set forth herein. The attached NRC Form 187 (SeeList of Attachments) furnishes the basis for providing security and classification requirements to primecontractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractual relationshipthat requires access to classified Restricted Data or National Security Information or matter, access tosensitive unclassified information (e.g., Safeguards), access to sensitive Information Technology (IT) systemsor data, unescorted access to NRC controlled buildings/space, or unescorted access to protected and vitalareas of nuclear power plants.

(b) It is the contractor's duty to protect National Security Information, Restricted Data, and FormerlyRestricted Data. The contractor shall, in accordance with the Commission's security regulations andrequirements, be responsible for protecting National Security Information, Restricted Data, and FormerlyRestricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents andmaterial in the contractor's possession in connection with the performance of work under this contract. Exceptas otherwise expressly provided in this contract, the contractor shall, upon completion or termination of thiscontract, transmit to the Commission any classified matter in the possession of the contractor or any personunder the contractor's control in connection with performance of this contract. If retention by the contractor ofany classified matter is required after the completion or termination of the contract and the retention isapproved by the contracting officer, the contractor shall complete a certificate of possession to be furnished tothe Commission specifying the classified matter to be retained. The certification must identify the items andtypes or categories of matter retained, the conditions governing the retention of the matter and their period ofretention, if known. If the retention is approved by the contracting officer, the security provisions of the contractcontinue to be applicable to the matter retained.

(c) In connection with the performance of the work under this contract, the contractor may be furnished, ormay develop or acquire, safeguards information, or confidential or privileged technical, business, or financialinformation, including Commission plans, policies, reports, financial plans, internal data protected by thePrivacy Act of 1974 (Pub. L. 93.579), or other information which has not been released to the public or hasbeen determined by the Commission to be otherwise exempt from disclosure to the public. The contractorshall ensure that information protected from public disclosure is maintained as required by NRC regulationsand policies, as cited in this contract or as otherwise provided by the NRC. The contractor will not directly orindirectly duplicate, disseminate, or disclose the information in whole or in part to any other person ororganization except as may be necessary to perform the work under this contract. The contractor agrees toreturn the information to the Commission or otherwise dispose of it at the direction of the contracting officer.Failure to comply with this clause is grounds for termination of this contract.

(d) Regulations. The contractor agrees to conform to all security regulations and requirements of theCommission which are subject to change as directed by the NRC Division of Facilities and Security (DFS) andthe Contracting Officer. These changes will be under the authority of the FAR Changes clause referenced inthis document.

The contractor agrees to comply with the security requirements set forth in NRC Management Directive 12.1,NRC Facility Security Program which is incorporated into this contract by reference as though fully set forthherein. Attention is directed specifically to the section titled "Infractions and Violations," including"Administrative Actions" and "Reporting Infractions."

H-5


(e) -Definition of National Security Information. The term National Security Information, as used in this clause,means information that has been determined pursuant to Executive Order 12958 or any predecessor order torequire protection against unauthorized disclosure and that is so designated.

(f) Definition of Restricted Data. The term Restricted Data, as used in this clause, means all data concerningdesign, manufacture, or utilization of atomic weapons; the production of special nuclear material; or the use ofspecial nuclear material in the production of energy, but does not include data declassified or removed fromthe Restricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954, as amended.

(g) Definition of Formerly Restricted Data. The term Formerly Restricted Data, as used in this clause, meansall data removed from the Restricted Data category under Section 142-d of the Atomic Energy Act of 1954, asamended.

(h) Definition of Safeguards Information. Sensitive unclassified information that specifically identifies thedetailed security measures of a licensee or an applicant for the physical protection of special nuclear material;or security measures for the physical protection and location of certain plant equipment vital to the safety ofproduction of utilization facilities. Protection of this information is required pursuant to Section 147 of theAtomic Energy Act of 1954, as amended.

(i) Security Clearance. The contractor may not permit any individual to have access to Restricted Data,Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of1954, as amended, and the Commission's regulations or requirements applicable to the particular type orcategory of classified information to which access is required. The contractor shall also execute a StandardForm 312, Classified Information Nondisclosure Agreement, when access to classified information is required.

(j) Criminal Liabilities. It is understood that disclosure of National Security Information, Restricted Data, andFormerly Restricted Data relating to the work or services ordered hereunder to any person not entitled toreceive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matterthat may come to the contractor or any person under the contractor's control in connection with work under thiscontract, may subject the contractor, its agents, employees, or subcontractors to criminal liability under thelaws of the United States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18U.S.C. 793 and 794; and Executive Order 12958.)

(k) Subcontracts and Purchase Orders. Except as otherwise authorized in writing by the contracting officer,the contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under thiscontract.

(I) In performing the contract work, the contractor shall classify all documents, material, and equipmentoriginated or generated by the contractor in accordance with guidance issued by the Commission. Everysubcontract and purchase order issued hereunder involving the origination or generation of classifieddocuments, material, and equipment must provide that the subcontractor or supplier assign classification to alldocuments, material, and equipment in accordance with guidance furnished by the contractor.

H.11 2052.215-70 KEY PERSONNEL (JAN 1993)

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

H-6


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,unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected todevote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractorshall immediately 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 requestand 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 havebeen reassigned, 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.

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NRC-07-09-539 Section I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by CitationNumber, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BYREFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) forelectronic access to the full text of a clause.

NUMBER

52.202-152.203-352.203-552.203-752.203-8

52.203-10

52.203-12

52.204-4

52.204-752.204-9

52.209-6

52.215-2

52.215-8

52.215-14

52.216-1152.219-652.219-1752.219-852.219-1452.222-352.222-19

52.222-2152.222-2652.222-35

TITLE DATEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)DEFINITIONS JUL 2004GRATUITIES APR 1984COVENANT AGAINST CONTINGENT FEES APR 1984ANTI-KICKBACK PROCEDURES JUL 1995CANCELLATION, RESCISSION, AND RECOVERY JAN 1997OF FUNDS FOR ILLEGAL OR IMPROPERACTIVITYPRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997IMPROPER ACTIVITYLIMITATION ON PAYMENTS TO INFLUENCE SEP 2007CERTAIN FEDERAL TRANSACTIONSPRINTED OR COPIED DOUBLE-SIDED AUG 2000ON RECYCLED PAPERCENTRAL CONTRACTOR REGISTRATION APR 2008PERSONAL IDENTITY VERIFICATION OF SEP 2007CONTRACTOR PERSONNELPROTECTING THE GOVERNMENT'S INTEREST SEP 2006WHEN SUBCONTRACTING WITH CONTRACTORSDEBARRED, SUSPENDED, OR PROPOSED FORDEBARMENTAUDIT AND RECORDS--NEGOTIATION MAR 2009ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997FORMATINTEGRITY OF UNIT PRICES OCT 1997ALTERNATE I (OCT 1997)COST CONTRACT--NO FEE APR 1984NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUN 2003SECTION 8(A) AWARD DEC 1996UTILIZATION OF SMALL BUSINESS CONCERNS MAY 2004LIMITATIONS ON SUBCONTRACTING DEC 1996CONVICT LABOR JUN 2003CHILD LABOR - COOPERATION WITH AUG 2009AUTHORITIES AND REMEDIES.PROHIBITION OF SEGREGATED FACILITIES FEB 1999EQUAL OPPORTUNITY MAR 2007EQUAL OPPORTUNITY FOR SPECIAL DISABLED SEP 2006VETERANS, VETERANS OF THE VIETNAM ERA,AND OTHER ELIGIBLE VETERANS

I-1

NRC-07-09-539

52.222-36

52.222-37

52.222-5052.223-652.225-152.225-13

52.227-152.227-2

52.228-752.232-152.232-1752.232-1852.232-2052.232-2352.232-25A

52.232-33

52.233-152.233-3

52.233-4

52.242-152.242-1352.243-2

52.244-2A

52.244-552.244-652.245-152.245-952.246-23

52.248-152.249-6

52.249-1

52.249-14

52.249-8

52.253-1

Section I

AFFIRMATIVE ACTION FOR WORKERS WITHDISABILITIESEMPLOYMENT REPORTS ON SPECIAL DISABLEDVETERANS, VETERANS OF THE VIETNAM ERA,AND OTHER ELIGIBLE VETERANSCOMBATING TRAFFICKING IN PERSONSDRUG-FREE WORKPLACEBUY AMERICAN ACT--SUPPLIESRESTRICTIONS ON CERTAIN FOREIGNPURCHASESAUTHORIZATION AND CONSENTNOTICE AND ASSISTANCE REGARDING PATENTAND COPYRIGHT INFRINGEMENTINSURANCE--LIABILITY TO THIRD PERSONSPAYMENTS (CLIN 001)INTERESTAVAILABILITY OF FUNDSLIMITATION OF COSTASSIGNMENT OF CLAIMSPROMPT PAYMENTALTERNATE I (FEB 2002)PAYMENT BY ELECTRONIC FUNDS--CENTRALCONTRACTOR REGISTRATIONDISPUTESPROTEST AFTER AWARDALTERNATE I (JUN 1985)APPLICABLELAW FOR BREACH OFCONTRACT CLAIMNOTICE OF INTENT TO DISALLOW COSTSBANKRUPTCYCHANGES--COST REIMBURSEMENTALTERNATE II (APR 1984)SUBCONTRACTSALTERNATE I (JUNE 2007)COMPETITION IN SUBCONTRACTINGSUBCONTRACTS FOR COMMERCIAL ITEMSGOVERNMENT PROPERTYUSE AND CHARGESLIMITATION OF LIABILITYVALUE ENGINEERINGTERMINATION (COST-REIMBURSEMENT)(CLINS 2 &3)TERMINATION FOR CONVENIENCE OF THEGOVERNMENT (FIXED-PRICE) (SHORT FORM)(CLIN 001)EXCUSABLE DELAYSDEFAULT (FIXED-PRICE SUPPLY AND SERVICE)(CLIN 001)COMPUTER GENERATED FORMS

JUN 1998

SEP 2006

FEB 2009MAY 2001FEB 2009JUN 2008

DEC 2007DEC 2007

MAR 1996APR 1984OCT 2008APR 1984APR 1984JAN 1986OCT 2008

OCT 2003

JUL 2002AUG 1996

OCT 2004

APR 1984JUL 1995AUG 1987

JUN 2007

DEC 1996AUG 2009JUN 2007JUN 2007FEB 1997FEB 2000

MAY 2004APR 1984

APR 1984

APR 1984JAN 1991

1-2

NRC-07-09-539

52.222-36

52.222-37

52.222-5052.223-652.225-152.'225-13

52.227-152.227-2

52.228-752.232-152.232-1752.232-1852.232-2052.232-2352-:232-25A

52.232-33

52.233-152.233-3

52.233-4

52.242-152.242-1352.243-2

52.244-2A

52.244-552.1244-652.245-152.245-952.246-2352.248-152.249-6

52.249-1

52.249-14

52.249-8

52.253-1

Section I

AFFIRMATIVE ACTION FOR WORKERS WITHDISABILITIESEMPLOYMENT REPORTS ON SPECIAL DISABLEDVETERANS, VETERANS OF THE VIETNAM ERA,AND OTHER ELIGIBLE VETERANSCOMBATING TRAFFICKING IN PERSONSDRUG-FREE WORKPLACEBUY AMERICAN ACT-SUPPLIESRESTRICTIONS ON CERTAIN FOREIGNPURCHASESAUTHORIZATION AND CONSENTNOTICE AND ASSISTANCE REGARDING PATENTAND COPYRIGHT INFRINGEMENTINSURANCE-LIABILITY TO THIRD PERSONSPAYMENTS (CLIN 001)INTERESTAVAILABILITY OF FUNDSLIMITATION OF COSTASSIGNMENT OF CLAIMSPROMPT PAYMENTALTERNATE I (FEB 2002)PAYMENT BY ELECTRONIC FUNDS-CENTRALCONTRACTOR REGISTRATIONDISPUTESPROTEST AFTER AWARDALTERNATE I (JUN 1985)APPLICABLE LAW FOR BREACH OFCONTRACT CLAIMNOTICE OF INTENT TO DISALLOW COSTSBANKRUPTCYCHANGES-COST REIMBURSEMENTALTERNATE I1 (APR 1984)SUBCONTRACTSALTERNATE I (JUNE 2007)COMPETITION IN SUBCONTRACTINGSUBCONTRACTS FOR COMMERCIAL ITEMSGOVERNMENT PROPERTYUSE AND CHARGESLIMITATION OF LIABILITYVALUE ENGINEERING.TERMINATION (COST-REIMBURSEMENT)(CLINS 2 &3)TERMINATION FOR CONVENIENCE OF THEGOVERNMENT (FIXED-PRICE) (SHORT FORM)(CLIN 001)EXCUSABLE DELAYSDEFAULT (FIXED-PRICE SUPPLY AND SERVICE)(CLIN 001)COMPUTER GENERATED FORMS

JUN 1998

SEP 2006

FEB 2009MAY 2001FEB 2009JUN 2008

DEC 2007DEC 2007

MAR 1996APR 1984OCT 2008APR 1984APR 1984JAN 1986OCT 2008

OCT 2003

JUL 2002AUG 1996

OCT 2004

APR 1984JUL 1995AUG 1987

JUN 2007

DEC 1 996AUG 2009JUN 2007JUN 2007FEB 1997FEB 2000

MAY 2004APR 1984

APR 1984

APR 1984JAN 1991

1-2


(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment tosubcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actuallypaid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently;and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorterpayment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs forpayment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause,allowable indirect costs under this contract shall be obtained by applying indirect cost rates established inaccordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by referencedesignating performance of services or furnishing of materials at the Contractor's expense or at no cost to theGovernment shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2

weeks.

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance withSubpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect costrate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (orcognizant Federal agency official) and auditor within the 6-month period following the expiration of each of itsfiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by theContractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal withadequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. Theappropriate Government representative and the Contractor shall establish the final indirect cost rates aspromptly as practical after receipt of the Contractor's proposal.

(3) The Contractor and the appropriate Government representative. shall execute a written understandingsetting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annualindirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) anyspecific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/orsubcontract, identifying any with advance agreements or special terms and the applicable rates. Theunderstanding shall not change any monetary ceiling, contract obligation, or specific cost allowance ordisallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaningof the Disputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of thefinal annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit acompletion invoice or voucher to reflect the settled amounts and rates.

1-4


(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph(d)(5) of this clause, the Contracting Officer may--

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with theDisputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shallreimburse the Contractor at billing rates established by the Contracting Officer or by an authorizedrepresentative (the cognizant auditor), subject to adjustment when the final rates are established. These billingrates--

(1) Shall be the anticipated final rates; and

(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to preventsubstantial overpayment or underpayment.

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR42.708(a) are satisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor'sinvoices or vouchers and statements of cost audited. Any payment may be (1) reduced by amounts found bythe Contracting Officer not to constitute allowable costs or (2) adjusted for prior overpayments orunderpayments.

(h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor inaccordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of thiscontract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) notpreviously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (includinginterest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent thatthose amounts are properly allocable to costs for which the Contractor has been reimbursed by theGovernment. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or otheramounts shall be allowable costs if approved by the Contracting Officer. Before final payment under thiscontract, the Contractor and each assignee whose assignment is in effect at the time of final payment shallexecute and deliver--

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, ofrefunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which theContractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities,obligations, and claims arising out of or under this contract, except--

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are notknown;

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third

parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor

1-5


on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to theContracting Officer within 6 years following the release date or notice of final payment date, whichever isearlier; and

(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by theContractor under the patent clauses of this contract, excluding, however, any expenses arising from theContractor's indemnification of the Government against patent liability.

1.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, theterm does not include contracts that exceed five years in duration because the period of performance has beenextended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to ExtendServices, or other appropriate authority.

Small business concern means a concern, including its affiliatesAhat is independently owned and operated,not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a smallbusiness under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such aconcern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on anational basis in a kind of business activity in which a number of business concerns are primarily engaged. Indetermining whether dominance exists, consideration shall be given to all appropriate factors, including volumeof business, number of employees, financial resources, competitive status or position, ownership or control ofmaterials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, theContractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph(g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of thecontract to include this clause, if the novation agreement was executed prior to inclusion of this clause in thecontract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days aftermodification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of thisclause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall represent its size status in accordance with the size standard in effect at the time ofthis representation that corresponds to the North American Industry Classification System (NAICS) codeassigned to this contract. The small business size standard corresponding to this NAICS code can be found athttp://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufactureitself, for a contract other than a construction or service contract, is 500 employees.

1-6


(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation requiredby paragraph (b) of this clause by validating or updating all its representations in the Online Representationsand Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure thatthey reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within thetimeframes specified in paragraph (b) of this clause that the data have been validated or updated, and providethe date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of thiscontract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of thisclause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have arepresentation in ORCA for the NAICS code applicable to this contract, the Contractor is required to completethe following representation and submit it to the contracting office, along with the contract number and the dateon which the representation was completed:

The Contractor represents that it [x ] is, []is not a small business concern under NAICS Code 541512assigned to contract number NRC-07-09-539.

1.4 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION

DUES OR FEES (DEC 2004)

(a) Definition. As used in this clause--

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands,American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shallpost a notice, in the form of a poster, informing employees of their rights concerning union membership andpayment of union dues and fees, in conspicuous places in and about all its plants and offices, including allplaces where notices to employees are customarily posted. The notice shall include the following information(except that the information pertaining to National Labor Relations Board shall not be included in noticesposted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union inorder to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into aunion-security agreement requiring employees to pay uniform periodic dues and initiation fees. However,employees who are not union members can object to the use of their payments for certain purposes and canonly be required to pay their share of union costs relating to collective bargaining, contract administration, andgrievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities .not related to collectivebargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction inyour payment. If you believe that you have been required to pay dues or fees used in part to support activitiesnot related to-collective bargaining, contract administration, or grievance adjustment, you may be entitled to arefund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board(NLRB) either at one of its Regional offices or at the following address or toll free number:

1-7


National Labor Relations BoardDivision of Information1099 14th Street, N.W.Washington, DC 205701-866-667-65721-866-316-6572 (TTY)

To locate the.nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February.17, 2001, andrelated implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b),(c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or inpart, and declare the Contractor ineligible for further Government contracts in accordance with procedures at29 CFR Part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures.Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implementsExecutive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-- :

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized bythe Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition ofthe United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor DeputyAssistant Secretary for Labor-Management Programs has waived the posting requirements with respect to anyof the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the

performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers withinthe United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractorscovered by the Railway Labor. Act and -a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office ofLabor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605,Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards orOffice of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor- Management Standards website at

http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

I-8


(g) The Contractor shall include the substance of this clause in every subcontract or purchase order thatexceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted bythe Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of specialcircumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts,the Contractor shall include the substance of this clause if the value of orders in any calendar year of thesubcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, SubpartB--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labormay direct the Contractor to take such action in the enforcement of these regulations, including the impositionof sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractorbecomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as aresult of such direction, the Contractor may request the United States, through the Secretary of Labor, to enterinto such litigation to protect the interests of the United States.

1.5 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

1.6 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT -ALTERNATE 1 (OCT 1999)

(a) Total expenditure for travel may not exceed $3,127.50 without the prior approval of the contractingofficer.

(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 those travel costs incurred that are directly related to thiscontract and which are allowable subject to the limitations prescribed in FAR 31.205-46.

(d) It is the responsibility of the contractor to notify the contracting officer in accordance with the 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.

(e) Reasonable travel costs for research and related activities performed at State and nonprofit institutions,in accordance with Section 12 of Pub. L. 100-679, shall be charged in accordance with the contractor'sinstitutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance arenot exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and LocalGovernments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, CostPrinciples for Educational Institutions.

1-9

NRC-07-09-539 Section J

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

ATTACHMENTNUMBER TITLE

12

BILLING INSTRUCTIONS - COST REIMBURSEMENT CONTRACTSNRC 187

J-1

ATTACHMENT

BILLING INSTRUCTIONS FORCOST REIMBURSEMENT TYPE CONTRACTS (JUNE 2008)

General: During performance andthrough final payment of this contract,, the contractor is.responsible for the accuracy and completeness of data within the Central Contractor.Registration (CCR) database and for any liability resulting from the -Government's reliance oninaccurate or incomplete CCR data.

The contractor shall prepare vouchers/invoices for reimbursement of costs in the manner andformat described herein. FAILURE TO SUBMIT VOUCHERS/INVOICES IN ACCORDANCEWITH THESE INSTRUCTIONS WILL RESULT IN REJECTION OF THE VOUCHER/INVOICEAS IMPROPER.

Number of Copies: A signed original and supporting documentation shall be submitted. If thevoucher/invoice includes the purchase of any property with an initial acquisition cost of $50,000or more, a copy of the signed original is also required. -

Desiqnated Agency Billing Office: The preferred method of submitting vouchers/invoices iselectronically to the Department of the Interior at NRCPayments(anbc.gov

If the voucher/invoice includes the purchase of capital property with an initial acquisition cost of$50,000 or more, a copy of the signed original shall be electronically sent to: Property()nrc.gov

However, if you submit a hard-copy of the voucher/invoice, it shall be submitted to the followingaddress:

Department of the InteriorNational Business CenterAttn: Fiscal Services Branch - D27707301 West Mansfield AvenueDenver, CO 80235-2230

If you submit a hard-copy of the voucher/invoice and it includes the purchase of capital propertywith an initial acquisition cost of $50,000 or more, a copy of the signed original shall be mailedto the following address:

U.S. Nuclear Regulatory CommissionNRC Property Management OfficerMail Stop: O-4D15Washington, DC 20555-0001

HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED

Agency Payment Office: Payment will continue to be made by the office designated in thecontract in Block 12 of the Standard Form 26, or Block 25 of the Standard Form 33, whicheveris applicable.

1 of 39

ATTACHMENT


Frequency: The contractor shall submit claims for reimbursement once each month, unlessotherwise authorized by the Contracting Officer.

Format: Claims shall be submitted in the format depicted on the attached sample formin entitled"Voucher/Invoice for Purchases and Services Other than Personal" (see Attachment 1). Thesample format is provided for guidance only. The format is not required for submission of avoucher/invoice. Alternate formats are permissible provided all requirements of the billinginstructions are addressed. The instructions for preparation and itemization of thevoucher/invoice are included with the sample form.

Task Ordering Contracts: If the contractor bills for more than one task order under avoucher/invoice, detailed cost information for each individual task order shall be submitted,together with a cumulative summary of all charges billed on the voucher/invoice. This includesall applicable cost elements discussed in paragraphs (a) through (n) of the attached instructions.

Fee Recovery Billin-gs: Pursuant to the provisions of 10 CFR Part 170 and 171 on licensefees, the NRC must recover the cost of work performed. Accordingly, the contractor mustprovide the total amount of funds billed during the period, fiscal year to date and the cumulativetotal for each task or task assignment by facility or report. The fee recovery billing reports-shallbe on a separate page, and shall be in the format provided (see Attachment 1). The billingperiod for fee recovery costs should be from the first day of each calendar month to the last dayof the same month. Each separate fee billing report must be attached to the monthly invoiceand cover the same period as the invoice.

Each report will contain a docket number or other unique identifier. The NRC will provide aunique identifier for all work performed. Costs should be reported as whole number to thenearest cent. For work that involves more than one facility at the same site, each facility shouldbe listed separately and the costs should be split appropriately between the facilities. Commoncosts, as defined below, shall be identified as a separate line item in the fee recovery billingreport each month.

Common costs are those costs that are not licensee unique and associated with theperformance of an overall program that benefit all similar licensees covered under that programor that are required to satisfactorily carry out the program. Common costs include costs,associated with the following: preparatory or start-up efforts to interpret and reach agreementon methodology, approach, acceptance criteria, regulatory position, or technical reportingrequirements; efforts associated with the "lead plant" concept that might be involved during thefirst one or two plant reviews; meetings and discussions involving the above efforts to provideorientation, background knowledge or guidance during the course of a program; any technicaleffort applied to a docket or other unique identifier; and project management. Common costsmust be reporting monthly for each docket or unique identifier. Common costs must be

2 of 39

ATTACHMENT


computed based- on the proportion of direct costs incurred against each docket or uniqueidentifier for the billing period.

Billing of Cost- after Expiration of Contract: If costs are incurred during the contract periodand claimed after the contract has expired,! you must cite the period during Which these costswere incurred. To be considered a proper expiration voucher/invoice, the contractor shallclearly mark it "EXPIRATION VOUCHER" or "EXPIRATION INVOICE".

Final vouchers/invoices shall be marked "FINAL VOUCHER" or "FINAL INVOICE".

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

Supersession: These instructions supersede any previous billing instructions.

R:txtselden\billing instructions CR revised 2008

3 of 39

ATTACHMENT 1TO BILLING INSTRUCTIONS

(SAMPLE FORMAT)

COST REIMBURSEMENT TYPE CONTRACTS (JUNE 2008)INVOICE/ VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL

1. Official Agency Billing Office

Department of the InteriorNational Business CenterAttn: Fiscal Services Branch - D27707301 West Mansfield AvenueDenver, CO 80235-2230

2. Voucher Information

a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's Data UniversalNumber (DUNS) or DUNS+4 number that identifies the Payee's name and address. TheDUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at thediscretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for thesame parent concern.

b.- 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 in theassignment of claims terms of this contract, the Payee shall require as a condition of any suchassignment, that the assignee shall register separately in the Central Contractor Registration(CCR) database at http://www.ccr.gov and shall be paid by EFT in accordance with the terms ofthis contract. See Federal Acquisition Regulation 52.232-33(g) Payment by Electronic FundsTransfer - Central Contractor Registration (October 2003).

c. Contract Number. Insert the NRC contract number.Task Order No. Insert the task order number (If Applicable).

d. Voucher/Invoice. The appropriate sequential number of the voucher/invoice, beginning with001 should be designated. Contractors may also include an individual internal accountingnumber, if desired, in addition-to the 3-digit sequential number.

e. Date of Voucher/Invoice. Insert the date the voucher/invoice is prepared.

f. Billing period. Insert the beginning and ending dates (day, month, year) of the period duringwhich costs were incurred and for which reimbursement is claimed.

4 of 39


(SAMPLE FORMAT)


g. Direct Costs - Insert the amount billed for the following cost elements, adjustments,suspensions, and total amounts, for both the current billing period and for the cumulative period(from contract inception to end date of this billing period).

(1) Direct Labor. This consists of salaries and wages paid (or accrued) for directperformance of the contract itemized as follows:

Labor Hrs. CumulativeCategory Billed Rate Total Hrs.Billed

(2) Fringe Benefits. This represents fringe benefits applicable to direct labor andbilled as a direct cost. Where a rate is used indicate the rate. Fringe benefits includedin direct labor or in other indirect cost,pools should not be identified here.

(3) Capitalized Non Expendable Equipment. List each item costing $50,000 ormore and having a life expectancy of more than one year. List only those items ofequipment for which reimbursement is requested. For each such item, list the following(as applicable): (a) the item number for the specific piece of equipment listed in theproperty schedule of the contract; or (b) the Contracting Officer's approval letter if theequipment is not covered by the property schedule.

(4) Non-capitalized Equipment, Materials, and Supplies. These are equipment otherthan that described in (3) above, plus consumable materials, supplies. List by category.List items valued at $1,000 or more separately. Provide the item number for each pieceof equipment valued at $1,000 or more.

(5) Premium Pay. This enumeration in excess of the basic hourly rate. (Requireswritten approval of the Contracting Officer.)

(6) Consultants. The supporting information must include the name, hourly or dailyrate of the consultant, and reference the NRC approval (if not specifically approved inthe original contract).

(7) Travel. Total costs associated with each trip must be shown in the followingformat:

Start Date Destination CostsFrom To From To $

(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 amountseparately.

5 of 39


(SAMPLE FORMAT)


h. Indirect Costs (Overhead and General and Administrative Expense). Cite the formula(rate and base) in effect in accordance with the terms of the contract, during the time the costswere incurred and for which reimbursement is claimed.

i. Fixed Fee. If the contract provides for a fixed fee, it must be claimed as provided for bythe contract. Cite the formula or method of computation. Include this information as it applies toindividual task orders as well.

The contractor may bill for fixed fee only up to 85% of total fee.

Total Amount Billed. Insert the total amounts claimed for the current and cumulativeperiods.

k. Adjustments. For cumulative amount, include outstanding suspensions.

Grand Totals.

Further itemization of vouchers/invoices shall only be required for items having specificlimitations set forth in the contract.

3. Sample Voucher Information

This voucher represents reimbursable costs for the billing periodfrom through_.

Amount BilledCurrent PeriodCumulative

(a) Direct Costs(1) D irect labor* .............................(2) Fringe benefits ( %, if computed as percentage) .....(3) Capitalized non-expendable equipment ($50,000 or more - see

instructions)* ..................(4) Non-capitalized equipment, materials, and supplies .................(5) Premium pay (NRC approved overtime) .......(6) Consultants* .................(7) T ravel* ...................................(8) Subcontracts* ..................(9) Other costs* ........................

Total Direct Costs

6 of 39


(SAMPLE FORMAT)


(b) Indirect Costs

(A) Overhead _ % of_(Indicate Base) .........

(c) Fixed-Fee (Cite Formula):(d) Total Am ount Billed .............................(e) Adjustments .....................(f) G rand Totals ...................................

* (Requires Supporting Information -- See Sample below)

SAMPLE SUPPORTING INFORMATION

1) Direct Labor - $2400

Labor Hours CumulativeCateqory Billed Rate. Total Hrs. BilledSenior Engineer I 100 $14.00 $1400 975

Engineer 50 $10.00 $ 500 465

Computer Analyst 100 $ 5.00 $ 500 320$2400

3) Capitalized Non-Expendable Equipment

Prototype Spectrometer - item number 1000-01 $60,000

4) Non-capitalized Equipment, Materials, and Supplies

10 Radon tubes @ $110.00 = $1100.00

6 Pairs Electrostatic gloves @ $150.00 = $900.00$2000.00

5) Premium Pay

Walter Murphy - 10 hours @ $10.00 Per Hour = $100(This was approved by NRC in letter dated 6/1/08)

6) Consultants' Fee

Dr. Carney- 1 hour@ $100 = $100

7) Travel

7 of 39


(SAMPLE FORMAT)


Start Date6/1/08

DestinationWash., DC

Costs$200

4. FEE RECOVERY BILLING REPORT

FIN:Facility Name or Report Title:TAC or Inspection Report Number:(or other unique identifier)

Docket Number (if applicable):

Period Fiscal YearCost Incurred To Date Costs

TotalCumulative CostsCost Categories Period Amt.

Labor

Materials

Subcontractor/Consultant

Travel

Other (specify)

Common Costs

Total

Remarks:

8 of 39

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CONTRACT SECURITY AND/ORCLASS8FICATION REQUIREMENTS

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3. FOR FOLLOW-ON CONTRACT. ENTER PRECEDING CONTRACT NUMBER AND PROJECTED COMPLETION DATj

.1DOeS NOTAPPLY &e m a-- DATE

aPROJECT TTLE ANDO O'f LIEENIPOd WO1AITION

Operations Center Information System (OCIMS) Vokce Conferencing System

IPERFORMANCE WIU. REQUIRE NATIONAL SECURITY ResTRICTED OATAý'&Access To CLASwFiED MATTER OR CLASSFIiED INFORMATION N____ ____ ____

VESOJ C•w. (f`Earar17ek4 APPUCA13LEn~o 'A

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1. ACCESS TO FOREIGN INTELLGEN4CE INFORMATIONF] LLii2. RECEIPT STORAGE OR OTER SAFEGUARDING OF

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3. GENERATION OF CLASSIFIED INATTER211L L Li ElIACCESS TO CRYPrTOGRAPHIC MATERIAL OR OTHER

CLASSIFID COMSEC INFORMATION.

5. A-C- S TO CLoAJSSIFIED MATTER OR CLASMSMI'

INFORMATION PROCESSE BY ANOTHER AGENCY.6. CLASSIFIED USE OF AN INFORMATION TECHNOLOGYLi LLiiLi

N O NEfOR ACCESS IS REUIRID TO NUCLEAR POWER G. L IRE F OOR 5 ,CI O

PLANTS, ~G TRNSOR PASNGR FOR JH I HEC ED

IREQUIRED M UNCLASSIFIED SAFEUARDS H. OiPINFORMATION.FAITES

ACCESS IS REQUIRED TO SENSIT114E IT SYSTEMS AND 1, L EQIRED TO CARRY FIREARM=.

UNESCORTED ACCESS TO NRC HEADQUARTERS J, Fl OUND TO USE OR AMI&T TO USE OF ILLEGAL. DRUGS.,

FOR70 PROEDURES AND RE-OUIREiENTS ON PROVIDNG TEMPORARY AND FONAL APPROVAL FOR UMESCORiED AccmS REFER TO NRcmO 12.

NOTE: IMMEDIATELY NOTIFY DRUG PROGRAM STAFF IF BOX a Ak C9 D,G, H, Is OR J IS CHECKED.

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qjItrk7. CLASSIFICATION GUIDANCE

IATURN OF CLASSIFIED GUOANcE IDefTION OF CLA.SFiCA'sION GumDO8

8. CLASSIFIED REVIEW OF CONTRACTOR I SUBCONTRACTOR REPORT(S) AND OTHER DOCUMENTS WILL BECONDUCTED BY: !

D AIJTHORIZED CLASSIFIER (ame am' Tile) E OAMION OF PACEJTIES AND WWCR"7

9. REQUIRED DISTRIBUTION OF NRC FORM 187 Che O , appo•fa. boras)

IURWTW a TO fiE( OUmOR MEONT 104 RE R= SLION OF CONrRACTS AMID PROP .TYMANWIENT

OMIZION OF FACILITIES AND SECURITY (11iff 108) ECONTRATOR (Au'm 1)mSECURITVICLASSIFICATION REQUIREMENTS FOR SUBCONITRACTS RESULTING PROM THIS. CONTRAfT WILL BE APIPROVED, BY THlELiOFFICIALS NAMED IN ITEMS 1011 AND 10C BELOW.

10. APPROVALS

UECUAYI'cAsr ICArtuON RROUIREMENTS FOR SU•IONTRACT'' RESULTING FROM THIS CONTRACT WILL B1E APPRC1ED13Y TME FI'CIALS NAMEDTEIt 109 AND 100- BELOw.

NAME (Print or type) SIGNATrURE DATE

b.DIRECTOR. OFFICE OR DIMSION DATE .

1. DIRECTOR. D OF FACILITIES AND SECURITY , IG- -URD

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