SOLICITATIONICONTRACTIORDER FOR COMMERCIAL ITEMS 1 REOuSON NOC PAGE I O

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 JFPA: ACR-13-002 52

2. CONTRACT No. 13. AWARD/EFFECTIVE DATE 4. ORDER NO, 5. SOLICITATION NUNBER B. SOLICITATION ISSLE DATE

NRC-HQ-I13-C-1I-0034 0 NRC-HQ-i 3-R-1 1-0052

7. FOR SOLICITATION a. NAME b. TELEPHONE NO. (No Coked Call) 8. OFFER DUE DATE/LOCAL

INFORMATION CALL: TIME

9. ISSUED BY CODE 3100 10. THIS ACQUISITION/S 1 UNRESTRICTED OR [] SETAS/DE: 100 %FOR:

U.S. Nuclear Regulatory Conmmission SMALLBUINESS WOMEN-OWNEDS MALLBUSINESS

Div. of Contracts S I (WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDAttn: Dominique C. Nalone [] HUBZONE SMALL SMALL BUSINESS PROGRAMMail Stop: TWB-01-BlOM BUSINESS [JEDWOSB N.IC:Washington, DC 20555 RMCE-DISABLED SIZE STANDARD.VET"ERAN-OWN.D SZ TNAD

__ SMALL BUSINESS ["M 8NA) N

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMSI 13b. RATINGTlON UNLESS BLOCKIS F] 138. THIS CONTRACT ISAMARKED RATED ORDER UNDER

E] SEE SCHEDULE OPAS (Im CFR 700) 14. METHOD OF MICITAnON___ RFO IFS i-]RFP

15. DELIVER TO CODE I18. ADMINISTERED BY CODE 3100

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommissionDiv. of Contracts

Mail Stop: TWB-01-BlOM

Washington DC 20555 Washington, DC 20555

17m. CONTRACTOR/OFFEROR CODE FACILITY CODE iSa. PAYMENT WILL BE MADE BY CODE 3100

WEBWRLD ECHOLOGES, NC.Department of Interior / NBC. . . . . . .. . NRCP.ayrsents_NBCDenver@NBC.gov

1../ Attn: Fiscal Services Branch - D27706412 BRANDON AVE STE 311 . 7301 W. Mansfield Avenue

6 Denver CO 80235-2230

SPRINGFIELD VA 22150 PHONE: FAX:TELEPHONE NO ___P _________ON______________:____

NO OUNS: 957461023 DU NS+4: FA_:

1AlBb. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK las UNLESS BLOCK BELOW IS CIHECKEDF . CHECK IF REMITTANCE DIFFERENT AND PUT SUCH ADDRE IN OFFERSEE ADDENDUM

19. 20 21. 22. 23. 24.ITEM NO. SCHEDULE OF SUPPLIES/SERVICES Q QUANTITY UNIT UNIT PRICE AMOUNT

This is a firm fixed pricaý purchase order for maintenanceand operation, user support, and business processimprovement for the Web A;ivisory Commitcee Tracking System

(WEBACTS.)'

NRC Contracting Officer Technical Representative:Desiree Davis, Desiree.Davis@nrc.gov, (301)415-7733

WebWorld Technologies, Inc POC.;Cindy Ford, (703.)638-249E, cford@webworldtech.com

Contract Type: Labor HoursPeriod of Performance: March 25, 2013 - March 24, 2014. -Total Obligated Amount: $5,D000Current Contract Ceiling: $21,924.00

(Use Reverse and/or Attach Additional ehee/s as Necessary) SUBTOTAL

25. ACCOUNTING AND APPROPRIATION DATA - 25. TOTAL AWARD AMOUNT (Foe GDcv. Lse Only)

Obligated:S5,000 B4R:2013-7FR-1-4-156 JCN:N7425251A, Appr:31X200, BOC: 251A, RFPA: ACR-13-002 "'$5,000.00FAIMIS: 130733

U 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52 212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

7 27b. CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

Li ARE [ JRE NOT ATTACHED.

Fx] ARE F] ARE NOT ATTACHED

jXI 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1COPIES TO IESUING OFFICE. CONTRACTOR AGREES 10 FURNISH ANDDELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANYADDITIONAL SHEETS SUBJECT TO THE TERMS Aqp CONDITON•APECIF/ED

29. AWARD OF CONTRACT- REF. OFFERDATED _. YOUR OFFER ON SOLICITATION(BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES WHICH ARESET FORTH HEREIN IS ACCEPTED AS 10 ITEMS:

31n. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31 b. NAME OF CONC!CTING OFFICER (TYPE OR PRINT)Dominiqt1 C. Malone

31c. DATE SIGNED

TEMPLATE - ANIMDP SUNSI REVIEW 00Q-MPILETh A

STANDARD FORM 1449 (REV. 2=2012)

Prnelcbed by GSA - FAR (48 CFR) 53.212

llIF'a i •-9 2013

Table of ContentsSECTION B - CONTINUATION BLOCK

B.1 CONTRACT TYPE

The contract type for this task order is Labor-Hour.

Consideration and Obligation-Labor Hours Contract (August 2011)

(a) Currently, the ceiling price to the Government for full performance under this contract is $21,924.

(b) The contract includes: (1) direct labor hours at specified fixed hourly rates, inclusive of wages, fringe, overhead,general and administrative expenses, and profit; and (2) cost of materials totaling $0.00.

(c) The amount presently obligated by the Government with respect to this contract is $5,000.

(d) This is an incrementally-funded contract and FAR 52.232-22 - "Limitation of Funds" applies.

B.2 PERIOD OF PERFORMANCE

Length Of Performance PeriodBase YearOption Year One (1)Option Year Two (2)'

- : _- Length of PerformanceMarch 25,'2013- March 24, 2014March 25, 2014 - March 24, 2015March 25, 2015 - March 24, 2016 I

B.3 ESTIMATED LEVEL OF EFFORT

Period of PerformanceBase YearOption Year One (1)Option Year Two (2)

Estimated Level of Effort

B.4 LABOR RATES AND CATEGORIES

The offeror shall provide the labor rates, and labor categories they propose to use for the duration of this contract.

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Cost/Price

• ption I... -.-. .

CLIN Position/Level Burdened Hours Estimate Cost/Price CeilingLabor Rate

1001 ApplicationsProgrammer II

1002 Project/TaskManager

Total

EstimatedCost/Price

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)ALTERNATE I (AUG 2012)

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under thiscontract, to the extent practicable at all places and times, including the period of performance, and in any event beforeacceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged incontract performance. The Government will perform inspections and tests in a manner that will not unduly delay thework.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, theContractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safeand convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at theplace of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the dateof delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specifiedin the contract) after acceptance of the services or materials last delivered under this contract, the Government mayrequire the Contractor to replace or correct services or materials that at time of delivery failed to meet contractrequirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correctionshall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacementor correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specifiedbelow, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender foracceptance materials and services required to be replaced or corrected without disclosing the former requirement forreplacement or correction, and, when required, shall disclose the corrective action taken. [insert portion of labor rateattributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction,and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by theGovernment), the Government may--

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increasedcost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute underthe Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above;,theGovernment may at any time require the Contractor toremedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with therequirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

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(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after anyof the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually carelessor unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials orservices as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and servicesthat at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwisespecified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replaceGovernment-furnished property shall be governed by the clause pertaining to Government property.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result ofperformance of this contract to a bank, trust company, or other financing institution, including any Federal lendingagency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makespayment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights toreceive payment under this contract.

(c) Changes. Changes in the terms and conditions ofthistc ntract may be made only by written agreement of theparties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal oraction arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR52.233-1, Disputes, which Is incorporated herein by reference. The Contractor shall proceed diligently withperformance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause--

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumeddirectly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor categoryqualifications of a labor category specified in the contract that are--

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiariesiorafli-ateof the contractor under a common control.

(iii) Materials means--

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of thecontractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in thecontract;

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(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in thecontract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: (Insert anysubcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2. 1, entered into with a subcontractor tofurnish supplies or services for performance of the prime contract or a subcontract including transfers betweendivisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders,and changes and modifications to purchase orders.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrencebeyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the publicenemy, acts of the Government in either its sovereign or contractual :capacity, fires, floods, epidemics, quarantinerestrictions, strikes, unusually severe weather, and delays of common carriers.' The Contractor shall notify theContracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay,setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch,and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies(or electronic invoice, if authorized) to theaddress designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shippedon Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment'is t6 ̀ b:sent;

(viii) Name, title,f and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if requiredelsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in thiscontract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a properinvoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicablesolicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-- Central Contractor

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Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), orapplicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office ofManagement and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agentsagainst liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe,any United States or foreign patent, trademark or copyright, ari~sing out of the performance of this contract, providedthe Contractor is reasonably notified of such claims and procee'ddings.

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercialinvoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract bythe number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specifiedin the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract willnot be paid to the extent the work is performed by individuals that do not meet the qualifications specified in thecontract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by theContracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shallsubstantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence ofactual payment, individual daily job timecards, records that verify the employees meet the qualifications for the laborcategories specified in the contract, or other substantiation'specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtueof the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work inadvance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause ofthis contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable onlyto the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to bepaid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the--

(1) Quantities being acquired; and

* . 4~4~ 7~Page7 1P ag e

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimbursethe Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that areidentifiable to the contract) provided the Contractor--

(1) Has made payments for materials in accordance with the terms and conditions of the agreement orinvoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to theGovernment and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall--

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt deliveryof satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other

amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for thefollowing, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse theContractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall notexceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the workspecified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractorhas reason to believe that the hourly rate payments and material costs that will accrue in performing this contract inthe next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent ofthe ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of thetotal price to the Government for performing this contract with supporting reasons and documentation. If at any timeduring the performance of this contract, the Contractor has reason to believe that the total price to the Government forperforming this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall sonotify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supportingreasons and documentation. If at any time during performance of this contract, the Government has reason to believethat the work to be required in performing this contract will be substantially greater or less than the stated ceiling price,the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to berequired under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceilingprice in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed theceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that theceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price forperformance under this contract. When and to the extent that the ceiling price set forth in the Schedule has beenincreased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before theincrease shall be allowable to the same extent as if the hours expended and material costs had been incurred afterthe increase in the ceiling price.

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(4) Access to records. At any time before final payment under this contract., the Contracting Officer (or authorizedrepresentative) will have access to the following (access shall be limited to the listing below unless otherwise agreedto by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualificationsfor the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when

timecards are required as substantiation for payment--

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that theseemployees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost--

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.,,

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent ofamounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shallalso be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly payany such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay anysuch increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractorbecomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoicepayment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of theoverpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors,date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simpleinterest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interestrate established by the Secretary of the Treasury, as provided in section 611 of the Contract Disputes Act of 1978(Public Law 95-563), which is applicable to the period in which the amount becomes due, and then at the rateapplicable for each six month period as established by the Secretary until the amount is paid.

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(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under thecontract.

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount ofa debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timelinespecified in the demand for payment unless the amounts were not repaid because the Contractor has requested aninstallment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the ContractingOfficer (see FAR 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final

decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from adefault termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on thedue date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payablehas been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have becomepayable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2of the Federal Acquisition Regulation in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by.ne Contractor as the "completion invoice" andsupporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstandingbalances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supportingdocumentation, shall be submitted by the Contractor as promptly as practicable following completion of the work underthis contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing)from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contractand in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as acondition precedent to final payment under this contract, a release discharging the Government, its officers, agents,and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only tothe following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exactstatement by the Contractor.

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(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to thirdparties arising out of performing this contract, that are not known to the Contractor on the date of the execution of therelease, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after thedate of the release or the date of any notice to the Contractor that the Government is prepared to make final payment,whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnificationof the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor underthe terms of this contract relating to patents.

(8) Prompt payment. The Government will make paymehtir' accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR part 1315.

(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for theappropriate EFT clause.

(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date ofthe invoice. For the purpose of computing the discount earned, payment shall be considered to have been made onthe date that appears on the payment check or the specified payment date if an electronic funds transfer payment ismade.

j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided

under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(I) Termination for the Government's convenience. The Government reserves the right to terminate this contract, orany part hereof, for its sole convenience. In the event of such: termination, the Contractor shall immediately stop allwork hereunder and shall immediately cause any and all ofiits .Uppliers and subcontractors to cease work. Subject tothe terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule ofthe contract) determined by multiplying the number of direct labor hours expended before the effective date oftermination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plusreasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard recordkeeping system that have resulted from the termination. The Contractor shall not be required to comply with the costaccounting standards or contract cost principles for this purpose. This paragraph does not give the Government anyright to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred thatreasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the eventof any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails toprovide the Government, upon written request, with adequate assurances of future performance. Subject to the termsof this contract, the Contractor shall be paid an amount computed under paragraph (i) Payments of this clause, but the"hourly rate" for labor hours expended in furnishing work not delivered to or accepted by the Government shall bereduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (a)(4) of thisclause, the portion of the "hourly rate" attributable to profit shall be 10 percent. In the event of termination for cause,the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determinedthat the Government improperly terminated this contract for default, such termination shall be deemed a terminationfor convenience.

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(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to theGovernment upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items, delivered hereunder are merchantable and fit foruse for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable tothe Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executiveorders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating toofficials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58,Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118,Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedencein the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique toGovernment Contracts paragraphs of this clause.

(3) The clause at 52.212-5. I

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance andthrough final payment of any contract for the accuracy and completeness of the data within the CCR database, and forany liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in theCCR database after the initial registration, the Contractor is required to review and update on an annual basis from thedate of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurateand complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not asubstitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business nam6,"'doing business as" name, or division name(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has notcompleted the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12,

12 1 Page

the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification ofits intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C)agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor mustprovide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to performthe agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation orchange-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicatedin the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment"paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate,in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment ofClaims). Assignees shall be separately registered In the CCR database. Information provided to the Contractor's CCRrecord that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor willbe considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFTclause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements viaCCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect

as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified inthe contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by theSecretary of Labor. The option provision may be exercised more than once, but the total extension of performancehereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to theContractor within 30 days.

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 daysbefore the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three(3) years.

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C.4 52.232-9 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS(DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing PromptPayment to Small Business Subcontractors, dated July 11,2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make acceleratedpayments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and allproper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small businessconcerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

C.5 FAR 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS.

The Small Business Administration (SBA) agrees to the following:(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and

conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the SmallBusiness Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may beterminated either in whole or in part without cost to either party.

(c) Except for novation agreements and advance payments, delegate to the U.S. Nuclear Regulatory Commissionthe responsibility for administering the subcontract to be awarded hereunder with complete authority to take any actionon behalf of the Government under the terms and conditions of the subcontract; provided, however, that the U.S.Nuclear Regulatory Commission shall give advance notice to the SBA before it issues a final notice terminating theright of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract fordefault or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to thesubcontractor by the U.S. Nuclear Regulatory Commission.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of theContracting Officer cognizable under the "Disputes" clause of said subcontract.

(f) To notify the U.S. Nuclear Regulatory Commission Contracting Officer immediately upon notification by thesubcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control ofthe concern.

(End of clause)

C.6 FAR 52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS

(a) The Small Business Administration (SBA) has entered into Contract No. NRC-HQ-1 3-C-1 1-0034 with the U.S.Nuclear Regulatory Commission to furnish the supplies or services as described therein. A copy of the contract isattached hereto and made a part hereof.

(b) The WebWorld Technologies, Inc. hereafter referred to as the subcontractor, agrees and acknowledges asfollows:

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(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. for theconsideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements and advance payments, for theadministration of this subcontract to the U.S. Nuclear Regulatory Commission with complete authority to take anyaction on behalf of the Government under the terms and conditions of this subcontract.

(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tiersubcontractor without the prior written approval of the SBA and the designated Contracting Officer of the U.S. NuclearRegulatory Commission.

(4) That it will notify the U.S. Nuclear Regulatory Commission Contracting Officer in writing immediately uponentering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other

party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor bythe U.S. Nuclear Regulatory Commission

(End of clause)

C.7 52.219-17 SECTION 8(A) AWARD

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and

conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisionsof section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the U.S. Nuclear RegulatoryCommission the responsibility for administering the contract with complete authority to take any action on behalf of theGovernment under the terms and conditions of the contract; provided, however that the contracting agency shall giveadvance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed withfurther performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting

activity.(4) To notify the U.S. Nuclear Regulatory Commission Contracting Officer immediately upon notification by the

subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of

the concern.(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the

cognizant Contracting Officer under the "Disputes" clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and performall of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of thissubcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant ContractingOfficer of the U.S. Nuclear Regulatory Commission

(End of clause)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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This contract incorporates one or more clauses by reference, with the same force and effect as if they were given infull text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may beaccessed electronically at this/these address(es):

https://www.acquisition.gov/far/

52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT MAY 1999RECEIPT OF ELECTRONIC FUNDS TRANSFERINFORMATION

52.245-1 GOVERNMENT PROPERTY APR 201252.245-9 USE AND CHARGES APR 20121030 NRC ACQUISITION REGULATION (NRCAR) AUG 2011

PROVISIONS AND CLAUSES

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OREXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which areincorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitionsof commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB12009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer hasindicated as being incorporated in this contract by reference to implement provisions of law or Executive ordersapplicable to acquisitions of commercial items:

U (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

U (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI,Chapter 1 (41 U.S.C. 251 note)),

U (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Actof 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) (Pub. L.109-282) (31 U.S.C. 6101 note). >' "

(5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L.111-5).

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[X1 (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred,Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

al (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41U.S.C. 2313).

[ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 ofDivision C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8,and section 745 of Division D of Pub. L. 110-161).

r3 (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

U (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (ifthe offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

U (11) [Reserved]

[XJ (12)(i) 52.219-6, Notice of Total Small Business SetrAside;(NOV 2011) (15 U.S.C. 644).

[ (ii) Alternate I (NOV 2011).

0 (iii) Alternate II (NOV 2011).

[ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

0 (iii) Alternate II (Mar 2004) of 52.219-7.

U (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

U (15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[ (iii) Alternate II (Oct 2001) of 52.219-9.

U (iv) Alternate III (JUL 2010) of 52.219-9.

U (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[ (18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[ (ii) Alternate I (June 2003) of 52.219-23.

0 (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting(DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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U (21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

r (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

[X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C 632(a)(2)).

D (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business(EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).

] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the

WOSB Program (APR 2012) (15 U.S.C. 637(m)).

[X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

0 (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).

[X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

[X] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

0 (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.13496).

a (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable tothe acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in22.1803.)

[ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

U (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of

commercially available off-the-shelf items.)

U (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[X] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products(DEC 2007) (E.O. 13423).

[ (ii) Alternate I (DEC 2007) of 52.223-16.

[X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[ (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 1 Oa-1 Od).

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a (40)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (NOV 2012) (41 U.S.C.chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182,108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

U (ii) Alternate I (MAR 2012) of 52.225-3.

[ (iii) Alternate I1 (MAR 2012) of 52.225-3.

[] (iv) Alternate III (NOV 2012) of 52.225-3.

U (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutesadministered by the Office of Foreign Assets Control of the Department of the Treasury).

0 (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

U (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

[ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10

U.S.C. 2307(f)).

[ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[X] (47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31U.S.C. 3332).

f] (48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May1999) (31 U.S.C. 3332).

[X] (49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

U (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

U (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.Appx. 1241(b) and 10 U.S.C. 2631).

U (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, thatthe Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of lawor Executive orders applicable to acquisitions of commercial items:

[ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

U (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.351, et seq.).

Employee Class Monetary. Wage-Fringe Benefits

[ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year andOption Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

0 (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance,Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

0 (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

f] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247)

0 (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, anddoes not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General,shall have access to and right to examine any of the Contractor's directly pertinent records involving transactionsrelated to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and otherevidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorterperiod specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If thiscontract is completely or partially terminated, the records relating to the work terminated shall be made available for 3years after any resulting final termination settlement. Records relating to appeals under the disputes clause or tolitigation or the settlement of claims arising under or relating to this contract shall be made available until suchappeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and otherdata, regardless of type and regardless of form. This does not require the Contractor to create or maintain any recordthat the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, theContractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract forcommercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns!-(DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in allsubcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small businessconcerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

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(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance,Calibration, or Repair of Certain Equipment-Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for CertainServices-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employee Eligibility Verification (JUL 2012)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247).Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241 (b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may Include in its subcontracts for commercial items a minimal number ofadditional clauses necessary to satisfy its contractual obligations.

C.10 PACKAGING AND MARKING (AUG 2011)

(a) The Contractor shall package- material for shipment to the NRC in such a manner that will ensure acceptance bycommon carrier and safe delivery at destination. Containers and closures shall comply with the SurfaceTransportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the modeof transportation.

(b) On the front of the package, the Contractor shall clearly ide'ntify the contract number under which the product isbeing provided.

(c) Additional packaging and/or marking requirements are as follows:

C.11 BRANDING (AUG 2012)

The Contractor is required to include the statement below in any publications, presentations, articles, products, ormaterials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for itsinvolvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then thecontractor must acknowledge that information in its documentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of, under Contract/order number.

C.12 ELECTRONIC PAYMENT (AUG 2011)

211 P age

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made byElectronic Funds Transfer. Payment shall be made in ac'cordance with FAR 52.232-33, entitled "Payment byElectronic Funds- Central Contractor Registration".

To receive payment, the contractor shall prepare invoices in accordance with NRC's Billing Instructions. Claimsshall be submitted on the payee's letterhead, invoice, or on the Government's Standard Form 1034, "Public Voucherfor Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Otherthan Personal - Continuation Sheet." The preferred method of submitting invoices is electronically to the Departmentof the Interior at NRCPaymentsNBCDenver@nbc.gov. If the contractor submits a hard copy of the invoice, it shallbe submitted to the following address:

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

C.13 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL IIACCESS APPROVAL (AUG 2011)

The contractor must identify all individuals selected to work under this contract. The NRC Contracting Officer'sRepresentative (COR) shall make the final determination0ofthe, level, if any, of IT access approval required for allindividuals working under this contract/order using the foll .rngi•''idance. The Government shall have full andcomplete control and discretion over granting, denying, withholding, or terminating IT access approvals for contractorpersonnel performing work under this contract/order.

The contractor shall conduct a preliminary security interview or review for each employee requiring IT level I or IIaccess and submit to the Government only the names of candidates that have a reasonable probability of obtainingthe level of IT access approval for which the employee has been proposed. The contractor shall pre-screen itsapplicants for the following:

(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of anymilitary courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substancespossession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlledsubstances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7)years.

The contractor shall make a written record of its pre-screening interview or review (including any information tomitigate the responses to items listed in (a) - (e)), and have the employee verify the pre-screening record or review,sign and date it. The contractor shall supply two (2) copies of the signed contractor's pre-screening record or reviewto the NRC Contracting Officer's Representative (COR), who will then provide them to the NRC Office ofAdministration, Division of Facilities and Security, Personnel Security Branch with the employee's completed ITaccess application package.

The contractor shall further ensure that its personnel comple.te oag IT access approval security applications requiredby this clause within fourteen (14) calendar days of notificatio&'by, the NRC Contracting Officer's Representative(COR) of initiation of the application process. Timely receipt of properly completed records of the pre-screeningrecord and IT access approval applications (submitted for candidates that have a reasonable probability of obtainingthe level of security assurance necessary for access to NRC's IT systems/data) is a requirement of this contract/order.Failure of the contractor to comply with this requirement may be a basis to terminate the contract/order for cause, or

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offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequatepre-screening by the contractor.

SECURITY REQUIREMENTS FOR IT LEVEL I

Performance under this contract/order will involve contractor personnel who perform services requiring directaccess to or operate agency sensitive information technology systems or data (IT Level I). The IT Level I involvesresponsibility for the planning, direction, and implementation of a computer security program; major responsibility forthe direction, planning, and design of a computer system, including hardware and software; or the capability to accessa computer system during its operation or maintenance in such a way that could cause or that has a relatively high riskof causing grave damage; or the capability to realize a significant personal gain from computer access.

Contractor personnel shall not have access to sensitive information technology systems or data until they areapproved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officer's Representative(COR). Temporary IT access may be approved by DFS/PSB based on a favorable review or adjudication of theirsecurity forms and checks. Final IT access may be approved byDFPS/PSB based on a favorably review oradjudication of a completed background investigation. However, temporary access authorization approval will berevoked and the employee may subsequently be denied IT access in the event the employee's investigation cannot befavorably adjudicated. Such an employee will not be authorized to work under any NRC contract/order requiring ITaccess without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC ContractingOfficer's Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB,the contractor shall assign another contractor employee to perform the necessary work under this contract/ orderwithout delay to the contract/order performance schedule, or without adverse impact to any other terms or conditionsof the contract/order. When an individual receives final IT access approval from DFS/PSB, the individual will besubject to a reinvestigation every ten (10) years thereafter (assuming continuous performance under contract/order atNRC) or more frequently in the event of noncontinuous performance under contract/order at NRC.

The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86(Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two(2) FD 258 fingerprint charts, to the NRC PO who will then provide them to DFS/PSB for review and adjudication, priorto the individual being authorized to perform work under this contract/order requiring access to sensitive informationtechnology systems or data. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of theirlegal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, EmploymentAuthorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Anyapplicant with less than seven (7) years residency in the U.S. will not be approved for IT Level I access. TheContractor shall submit the documents to the NRC Contracting Officer's Representative (COR) who will give them toDFý/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSBreview of the contractor employee's security forms and/or the receipt of adverse information by NRC, the contractorindividual may be denied access to NRC facilities and sens'itiVenf6•'mation technology systems or data until a finaldetermination is made by DFS/PSB and thereafter commu'nicated to the contractor by the NRC Contracting Officer'sRepresentative (COR) regarding the contractor person's eligibility.

In accordance with NRCAR 2052.204-70 "Security," IT Level I contractors shall be subject to the attached NRCForm 187 and SF-86 which furnishes the basis for providing security requirements to contractors that have or mayhave an NRC contractual relationship which requires access to or operation of agency sensitive informationtechnology systems or remote development and/or analysis of sensitive information technology systems or data orother access to such systems and data; access on a continuing basis (in excess more than 30 calendar days) to NRCbuildings; or otherwise requires issuance of an unescorted NRC badge.

SECURITY REQUIREMENTS FOR IT LEVEL II

Performance under this contract/order will involve contractor personnel that develop and/or analyze sensitiveinformation technology systems or data or otherwise have access to such systems or data (IT Level II).

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The IT Level I1 involves responsibility for the planning, design, operation, or maintenance of a computer system andall other computer or IT positions.

Contractor personnel shall not have access to sensitive information technology systems or data until they areapproved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officers Representative(COR). Temporary access may be approved by DFS/PSB based on a favorable review of their security forms andchecks. Final IT access may be approved by DFS/PSB based on a~favorably adjudication. However, temporaryaccess authorization approval will be revoked and the contrfactor employee may subsequently be denied IT access inthe event the employee's investigation cannot be favorably adjudicated. Such:an employee will not be authorized towork under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writingto the contractor by the NRC Contracting Officer's Representative (COR). Where temporary access authorization hasbeen revoked or denied by DFS/PSB, the contractor is responsible for assigning another contractor employee toperform the necessary work under this contract/order without delay to the contract/order performance schedule, orwithout adverse impact to any other terms or conditions of the contract/order. When a contractor employee receivesfinal IT access approval from DFS/PSB, the individual will be subject to a review or reinvestigation every ten (10)years (assuming continuous performance under contract/order at NRC) or more frequently in the event ofnoncontinuous performance under contract/order at NRC.

The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86(Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two(2) FD 258 fingerprint charts, through the NRC Contracting Officer's Representative (COR) to DFS/PSB for review andadjudication, prior to the contractor employee being authorized to perform work under this contract/order. Non-U.S.citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentationcan be a Permanent 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 seven (7) yearsresidency in the U.S. will not be approved for IT Level II access. The Contractor shall submit the documents to theNRC Contracting Officer's Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that allforms are accurate, complete, and legible. Based on DFS/ PSB review of the contractor employee's security formsand/or the receipt of adverse information by NRC, the contractor employee may be denied access to NRC facilities,sensitive information technology systems or data until a final:determination is made by DFS/PSB regarding thecontractor person's eligibility. C" tT.i" .f '

In accordance with .NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to the attached NRCForm 187, SF-86, and contractor's record of the pre-screening which furnishes the basis for providing securityrequirements to contractors that have or may have an NRC contractual relationship which requires access to oroperation of agency sensitive information technology systems or remote development and/or analysis of sensitiveinformation technology systems or data or other access to such systems or data; access on a continuing basis ( inexcess of more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRCbadge.

CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST

When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notify the NRCContracting Officer's Representative (COR) by telephone so that the access review may be promptly discontinued.The notification shall contain the full name of the contractor employee and the date of the request. Telephonenotifications must be promptly confirmed by the contractor in writing to the NRC Contracting Officer's Representative(COR), who will forward the confirmation to DFS/PSB. Additionally, the contractor shall immediately notify the NRCContracting Officer's Representative (COR) in writing, who will in turn notify DFS/PSB, when a contractor employee nolonger requires access to NRC sensitive automated information technology systems or data, including the voluntary orinvoluntary separation of employment of a contractor employee who has been approved for or is being processed forIT access.

The contractor shall flow the requirements of this clause.,down into all subcontracts and agreements withconsultants for work that requires them to access NRC :IT resources.

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C.14 COMPLIANCE WITH INTERNET PROTOCOL VERSION 6 (IPv6) IN ACQUIRING ELECTRONICAND INFORMATION TECHNOLOGY (EIT) (OCT 2012)

(a) This procurement involves the acquisition of electronic and information technology (EIT), as defined in FAR2.101, that uses the Internet Protocol (IP).

(b) As used in this clause, "lPv6 Capable Products" means any product that meets the minimum set of mandatoryrequirements, appropriate to its Product Class, necessary for it to interoperate with other IPv6 products employed inlPv6 networks.

(c) In its quotation or proposal, the offeror shall provide a complete and signed USGv6 Suppliers Declaration ofConformity (SDOC) for all IPv6 capable products. See Internet site at www.nist.gov/itl/antd/usgv6.cfm. The offeror'ssubmitted SDOC should address all of the lPv6 capabilities/stacks claimed for the specific product being offered andreport appropriate conformance and interoperability testing results obtained from an accredited USGv6 testinglaboratory. If an offeror does not have an SDOC, the firm should sufficiently address the path forward relating to IPv6certification.

(d) If the offeror plans to offer a deliverable that involves EIT that may not comply with lPv6 requirements at thetime of delivery and receives the award for the contract/order, then the contractor shall obtain the Contracting Officer'swritten approval before commencing work on the deliverable.

(e) Should the offeror find that the Statement of Work/Sl cificaiions of thiscontract/order does not conform toIPv6 standards, it must notify the contracting officer in a timely manner of such nonconformance.

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

(g) The contractor shall ensure that all deliverables that involve EIT that use IP (products, services, software, etc.)comply with lPv6 standards and interoperate with both lPv6 and IPv4 systems and products.

C.15 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL (JULY 2011)

INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL

Basic Contract IT Security Requirements

For unclassified information used for the effort, the contractor shall provide an information security categorizationdocument indicating the sensitivity of the information processed as part of this contract if the information securitycategorization was not provided in the statement of work. The determination shall be made using National Institute ofStandards and Technology (NIST) Special Publication (SP) 800-60 and must be approved by CSO. The NRCcontracting officer and Contracting Officer's Representative (COR) shall be notified immediately before the contractorbegins to process information at a higher sensitivity level.

If the effort includes use or processing of classified information, the NRC contracting officer and ContractingOfficer's Representative (COR) shall be notified before the contractor begins to process information at a morerestrictive classification level.

All work under this contract shall comply with the latest version of policy, procedures and standards. Individual taskorders will reference latest versions of standards or exceptions as necessary. These policy, procedures andstandards include: NRC Management Directive (MD) volume 12 Security, Computer Security Office policies,

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procedures and standards, National Institute of Standards and Technology (NIST) guidance and Federal InformationProcessing Standards (FIPS), and Committee on National Security Systems (CNSS) policy, directives, instructions,and guidance. This information is available at the following links:

NRC Policies, Procedures and Standards (CSO internal website): http://www.internal.nrc.gov/CSO/policies.html

NRC Policy and Procedures For Handling, Marking and Protecting Sensitive Unclassified Non-SafeguardsInformation (SUNSI): http://www.internal.nrc.gov/sunsi/pdf/SUNSI-Policy-Procedures.pdf

All NRC Management Directives (public website):http://www.nrc.gov/reading-rm/doc-collections/management-directives/

NIST SP and FIPS documentation is located at: http://csrc.nist.gov/

CNSS documents are located at: http://www.cnss.gov/

The Contractor shall ensure compliance with the latest version of NIST guidance and FIPS standards available atcontract issuance and continued compliance with the latest versions within one year of the release date.

When e-mail is used, the Contractors shall only use NRC provided e-mail accounts to send and receive sensitiveinformation-(information that is not releasable to the public) or mechanisms to protect the information duringtransmission to NRC that have been approved by CSO.

All Contractor employees must sign the NRC Agency-Wide Rules of Behavior for Authorized Computer Use prior tobeing granted access to NRC computing resources.

The Contractor shall adhere to following NRC policies:

1. Management Directive 12.5, Automated Information Security Program2. NRC Sensitive Unclassified Non-Safeguards Information (SUNSI)3. Computer Security Policy for Encryption of Data at Rest When Outside of Agency Facilities4. Policy for Copying, Scanning, Printing, and Faxing SGI & Classified Information5. Computer Security Information Protection Policy6. Remote Access Policy7. Use of Commercial Wireless Devices, Services and Technologies Policy8. Laptop Security Policy9. Computer Security Incident Response Policy

Contractor will adhere to NRC's prohibition of use of personal devices to process and store NRC sensitiveinformation.

All electronic process of NRC sensitive information, including system development and operations andmaintenance performed at non-NRC facilities shall be in facilities, networks, and computers that have been accreditedby NRC for processing information at the highest sensitivity of the information that is processed or will ultimately beprocessed.

Contract Performance And Closeout

The contractor shall ensure that the NRC data processed during the performance of this contract shall be purgedfrom all data storage components of the contractor's computer facility. Tools used to perform data purging shall beapproved by the CISO. The contractor shall provide written certification to the NRC contracting officer that thecontractor does not retain any NRC data within 30 calendar days after contract completion. Until all data is purged,the contractor shall ensure that any NRC data remaining in any storage component will be protected to preventunauthorized disclosure.

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When contractor employees no longer require access to an NRC system, the contractor shall notify the ContractingOfficer's Representative (COR) within 24 hours.

Upon contract completion, the contractor shall provide a status list of all, contractor employees who were users ofNRC systems and shall note if any users still require access to the system to perform work if a follow-on contract ortask order has been issued by NRC.

Control Of Information And Data

The contractor shall not publish or disclose in any manner, without the contracting officer's written consent, thedetails of any security controls or countermeasures either designed or developed by the contractor under this contractor otherwise provided by the NRC.

Any IT system used to process NRC sensitive information shall:

1. Include a mechanism to require users to uniquely identify themselves to the system before beginning toperform any other actions that the system is expected to provide.

2. Be able to authenticate data that includes information for verifying the claimed identity of individual users (e.g.,passwords)

3. Protect authentication data so that it cannot be accessed by any unauthorized user4. Be able to enforce individual accountability by providing the capability to uniquely identify each individual

computer system user5. Report to appropriate security personnel when attempts are made to guess the authentication data whether

inadvertently or deliberately.

Access Controls

Any contractor system being used to process NRC data shall be able to define and enforce access privileges forindividual users. The discretionary access controls mechanisms shall be configurable to protect objects (e.g., files,folders) from unauthorized access.

The contractor system being used to process NRC data shall provide only essential capabilities and specificallyprohibit and/or restrict the use of specified functions, ports, protocols, and/or services.

The contractors shall only use NRC approved methods to send and receive information considered sensitive orclassified. Specifically,

1. Classified Information - All NRC Classified data being transmitted over a network shall use NSA approvedencryption and adhere to guidance in MD 12.2 NRC Classified Information Security Program, MD 12.5 NRCAutomated Information Security Program and Committee on National Security Systems. Classified processing shall beonly within facilities, computers, and spaces that have been specifically approved for classified processing.

2. SGI Information - All SGI being transmitted over a network shall adhere to guidance in MD 12.7 NRCSafeguards Information Security Program and MD 12.5 NRC Automated Information Security Program. SGIprocessing shall be only within facilities, computers, and spaces that have been specifically approved for SGIprocessing. Cryptographic modules provided as part of the system shall be validated under the Cryptographic ModuleValidation Program to conform to NIST FIPS 140-2 overall level 2 and must be operated in FIPS mode. The contractorshall provide the FIPS 140-2 cryptographic module certificate number and a brief description of the encryption modulethat includes the encryption algorithm(s) used, the key length, and the vendor of the product.

The most restrictive set of rights/privileges or accesses needed by users (or processes acting on behalf of users)for the performance of specified tasks must be enforced by the system through assigned access authorizations.

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Separation of duties for contractor systems used to process NRC information must be enforced by the systemthrough assigned access authorizations.

The mechanisms within the contractor system or application that enforces access control and other security

features shall be continuously protected against tampering and/or unauthorized changes.

Configuration Standards

All systems used to process NRC sensitive information shall meet NRC configuration standards available at:http://www.internal.nrc.gov/CSO/standards.html.

Media Handling

All media used by the contractor to store or process NRC information shall be controlled in accordance with thesensitivity level.

The contractor shall not perform sanitization or destruction of media approved for processing NRC informationdesignated as SGI or Classified. The contractor must provide the media to NRC for destruction.

Vulnerability Management

The Contractor must adhere to NRC patch management processes for all systems used to process NRCinformation. Patch Management reports will made available to the NRC upon request for following securitycategorizations and reporting timeframes:

- 5 calendar days after being requested for a high sensitivity system -10 calendar days after being requested for amoderate sensitivity system -15 calendar days after being requested for a low sensitivity system

For any contractor system used to process NRC information, the contractor must ensure that information loadedinto the system is scanned for viruses prior to posting; servers are scanned for viruses, adware, and spyware on aregular basis; and virus signatures are updated at the following frequency:

-1 calendar day for a high sensitivity system-3 calendar days for a moderate sensitivity system-7 calendar days for a low sensitivity system

C.16 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL EXCEPTIONS

(JULY 2011)

INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL EXCEPTIONS

All purchases shall comply with the latest version of policy, procedures and standards. Individual task orders willreference latest versions of policy, procedures, standards or exceptions as necessary. These policy, procedures andstandards include: NRC Management Directive (MD) volume 12 Security, Computer Security Office policies,procedures and standards, National Institute of Standards and Technology (NIST) guidance and Federal InformationProcessing Standards (FIPS), and Committee on National Security Systems (CNSS) policy, directives, instructions,and guidance. This information is available at the following links:

All procurements must be certified and accredited prior to being placed into an operational state.

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All electronic processing of NRC sensitive information, including all system development and operations andmaintenance activities performed at non-NRC facilities shall be in facilities, networks, and computers that have beenaccredited by NRC for processing information at the highest sensitivity of the information that is processed or willultimately be processed.

All systems used to process NRC sensitive information shall meet NRC configuration standards available at:http://www.internalnrc.gov/CSO/standards.html.

C.17 IT SECURITY REQUIREMENTS - DEVELOPMENT AND OPERATIONS AND MAINTENANCE

REQUIREMENTS (JULY 2011)

IT SECURITY REQUIREMENTS - DEVELOPMENT AND OPERATIONS AND MAINTENANCE REQUIREMENTS

O&M Security Requirements

All system modifications to classified systems must comply with NRC security policies and procedures for classifiedsystems, as well as federal laws, guidance, and standards to ensure Federal Information Security Management Act(FISMA) compliance.

The Contractor shall correct errors that are discovered by the NRC or the contractor in contractor developedsoftware and applicable documentation that are not commercial off-the-shelf which are discovered by the NRC or thecontractor. Inability of the parties to determine the cause of software errors shall be resolved in accordance with theDisputes clause, FAR 52.233-1, incorporated by reference in the contract.

The Contractor shall adhere to the guidance outlined in NIST, SP 800-53, FIPS 200 and NRC guidance for theidentification and documentation of minimum security controls.

The contractor shall provide the system requirements traceability matrix at the end of the initiation phase,development/acquisition phase, implementation/ assessment phase, operation & maintenance phase and disposalphase that provides the security requirements in a separate section so that they can be traced through thedevelopment life cycle. The contractor shall also provide the'software and hardware designs and test plandocumentation, and source code upon request to the NRClfor'rev'iew.

All development and testing of the systems shall be protected at their assigned system sensitivity level and shall beperformed on a network separate and isolated from the NRC operational network.

All system computers must be properly configured and hardened according to NRC policies, guidance, andstandards and comply with all NRC security policies and procedures as commensurate with the system securitycategorization.

All contractor provided deliverables identified in the project plan will be subject to the review and approval of NRCManagement. The PM will establish review time based on the complexity of the system and incorporate into theproject schedule. The contractor will make the necessary modifications to project deliverables to resolve any identifiedissues. Project deliverables include but are not limited to: requirements, architectures, design documents, test plans,and test reports.

System development schedules shall include computer security office go/no-go decision points, including but notlimited to the following system milestones:

1. Requirements review2. Architecture review3. Detailed design review

, .: *,' i,• . 'iL .• . .. .

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4. Code review5. System test6. System readiness review

Access Controls

The contractor shall not hardcode any passwords into the software unless the password only appears on the serverside (e.g. using server-side technology such as ASP, PHP, or JSP).

The contractor shall ensure that the software does not contain undocumented functions and undocumentedmethods for gaining access to the software or to the computer system on which it is installed. This includes, but is notlimited to, master access keys, back doors, or trapdoors.

Cryptography

Cryptographic modules provided as part of the system shall be validated under the Cryptographic ModuleValidation Program to conform to NIST FIPS 140-2 and must be operated in FIPS mode. The contractor shall providethe FIPS 140-2 cryptographic module certificate number and a brief description of the encryption module that includesthe encryption algorithm(s) used, the key length, and the vendor of the product.

Configuration Management And Control

The contractor must ensure that the system will be divided into configuration items (Cis). Cis are parts of asystem that can be individually managed and versioned.. Thes.ystem shall be managed at the Cl level.

The contractor must have a configuration management plan that includes all hardware and software that is part ofthe system and contains at minimum the following sections:

1. Introductiona. Purpose & Scopeb. Definitionsc. References

2. Configuration Managementa. Organizationb. Responsibilitiesc. Tools and Infrastructure

3. Configuration Management Activities•a. Specification Identificationb. Change control form Identificationc. Project baselines

4. Configuration and Change Controla. Change Request Processing and Approvalb. Change Control Board

5. Milestonesa. Define baselines, reviews, auditsb. Training and Resources

The Information System Security Officer's (ISSO's) role in the change management process must be described.The ISSO is responsible for the security posture of the system. Any changes to the system security posture must be

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approved by the ISSO. The contractor should not have the ability to make changes to the system's security posturewithout the appropriate involvement and approval of the ISSO.

The contractor shall track and record information specific to proposed and approved changes that minimallyinclude:

1. Identified configuration change2. Testing of the configuration change3. Scheduled implementation the configuration change4. Track system impact of the configuration change5. Track the implementation of the configuration change6. Recording & reporting of configuration change to the appropriate party7. Back out/Fall back plan8. Weekly Change Reports and meeting minutes9. Emergency change procedures10. List of team members from key functional areas

The contractor shall provide a list of software and hardware changes in advance of placing them into operationwithin the following timeframes:

-30 calendar days for a classified, SGI, or high sensitivity system-20 calendar days for a moderate sensitivity system-10 calendar days for a low sensitivity system

The contractor must maintain all system documentation that is current to within:

-10 calendar days for a classified, SGI, or high sensitivity system-20 calendar days for a moderate sensitivity system-30 calendar days for a low sensitivity system

Modified code, tests performed and test results, issue resolution documentation, and updated systemdocumentation shall be deliverables on the contract.

Any proposed changes to the system must have written approval from the NRC Contracting Officer's

Representative (COR).

The contractor shall maintain a list of hardware, firmware and software changes that is current to within:

-15 calendar days for a classified, SGI or high. sensitivity system-20 calendar days for a moderate sensitivity system-30 calendar days for a low sensitivity system

The contractor shall analyze proposed hardware and software configurations and modification as well asaddressed security vulnerabilities in advance of NRC accepted operational deployment dates within:

-15 calendar days for a classified, SGI, or high sensitivity system-20 calendar days for a moderate sensitivity system-30 calendar days for a low sensitivity system

The contractor shall provide the above analysis with the proposed hardware and software for NRC testing inadvance of NRC accepted operational deployment dates within:

-15 calendar days for a classified, SGI, or high sensitivity system-20 calendar days for a moderate sensitivity system

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-30 calendar days for a low sensitivity system

Control Of Hardware And Software

The contractor shall demonstrate that all hardware and software meet security requirements prior to being placedinto the NRC production environment.

The contractor shall ensure that the development environment is separated from the operational environment usingNRC CSO approved controls.

Auditing

The system shall be able to create, maintain and protect from modification or unauthorized access or destructionan audit trail of accesses to the objects it protects. The audit data shall be protected so that read access to it is limitedto those who are authorized.

The system shall be able to record the following types of events: use of identification and authenticationmechanisms, introduction of objects into a user's address space (e.g., file open, program initiation), deletion ofobjects, and actions taken by computer operators and system administrators or system security officers and othersecurity relevant events. The system shall be able to audit any override of security controls.

The Contractor shall ensure auditing is implemented on the following:

-Operating System-Application-Web Server-Web Services-Network Devices , C' 1 CV,-Database-Wireless

The contractor shall perform audit log reviews daily using automated analysis tools. In addition, the contractormust log at least the following events on systems that process NRC information:

-Audit all failures-Successful logon attempt-Failure of logon attempt-Permission Changes-Unsuccessful File Access-Creating users & objects-Deletion & modification of system files-Registry Key/Kernel changes-Startup & shutdown-Authentication-Authorization/permission granting-Actions by trusted users-Process invocation-Controlled access to data by individually authenticated user-Unsuccessful data access attempt-Data deletion-Data transfer .,

-Application configuration change-Application of confidentiality or integrity labels to data-Override or modification of data labels or markings

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-Output to removable media-Output to a printer

C.18 IT SECURITY REQUIREMENTS - NRC AND CONTRACTOR (NON-NRC) FACILITIES (MAR

2011)

IT SECURITY REQUIREMENTS - NRC AND CONTRACTOR (NON-NRC) FACILITIES

BACKUPS

The contractor shall ensure that backup media is created, encrypted (in accordance with information sensitivity)and verified to ensure that data can be retrieved and is restorable to NRC systems based on information sensitivitylevels. Backups shall be executed to create readable media that allows successful file/data restoration at the followingfrequencies:

-At least every 1 calendar day for a high sensitivity system-At least every 1 calendar day for a moderate sensitivity system-At least every 7 calendar days for a low sensitivity syste.m.

PERIMETER PROTECTION

The Contractor must employ perimeter protection mechanisms, such as firewalls and routers, to deny allcommunications unless explicitly allowed by exception.

The contractor must deploy and monitor intrusion detection capability and have an always deployed and activelyengaged security monitoring capability in place for systems placed in operation for the NRC. Intrusion detection andmonitoring reports will made available to the NRC upon request for following security categorizations and reportingtimeframes:

-5 calendar days after being requested for a high sensitivity system-10 calendar days after being requested for a moderate sensitivity system-15 calendar days after being requested for a low sensitivity system

CONTRACTOR FACILITY REVIEW AND APPROVAL PROCESS

The contractor shall complete a security survey of the proposed facility in accordance with MD 12.1 in order forNRC to determine the adequacy and effectiveness of the administration of the security program and the protectionafforded NRC information, employees, and assets before the facility is used for any NRC effort that includes IT.

Upon facility approval per MD 12.1, the contractor shall perform a full certification and obtain accreditation of thefacility and computing systems that will be used by the qontractor as part of the NRC effort that includes IT prior tocommencing the effort. The certification shall be performed at the level of the highest sensitivity of the data that isused at the facility or will ultimately be used by the product of the effort.

C.19 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY (AUG 2011)

(a) The NRC will provide the contractor with the following items for use under this contract when working onsite aNRC Headquarters:

1. Government furnished space at NRC Headquarter Office located in Rockville, MD2. Work Desk

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3. Information technology IT equipment will be provide while onsite (computer equipment, printers, faxmachines, copier, telephone, IT, Microsoft Windows and Clearcase software)

(b) Only the equipment/property listed above in the quantities shown will be provided by the Government. Thecontractor shall be responsible and accountable for all Government property provided under this contract and shallcomply with the provisions of the FAR Government Property Clause under this contract and FAR Subpart 45.5, as ineffect on the date of this contract. The contractor shall investigate and provide written notification to the NRCContracting Officer (CO) and the NRC Division of Facilities,' and Security, Physical Security Branch of all cases of loss,damage, or destruction of Government property in its possessibh-or control not later than 24 hours after discovery.The contractor must report stolen Government property to the local police and a copy of the police report must beprovided to the CO and to the Division of Facilities and Security, Office of Administration.

(c) All other equipment/property required in performance of the contract shall be furnished by the Contractor.

C.20 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS CONVICTED OF DRUG TRAFFICKING ORPOSSESSION (AUG 2011)

In the event that an award is made to an individual, Section 5301 of the Anti-Drug Abuse Act of 1988 (P.L.100-690), codified at 21 U.S.C. 862, authorizes denial of Federal benefits such as grants, contracts, purchase orders,financial aid, and business and professional licenses to individuals convicted of drug trafficking or possession.

C.21 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (AUG 2011)

NRC contractors are responsible to ensure that their alien personnel are not in violation of United Statesimmigration laws and regulations, including employment authorization documents and visa requirements. Each alienemployee of the Contractor must be lawfully admitted for permanent residence as evidenced by Permanent ResidentForm 1-551 (Green Card), or must present other evidence from the U.S. Department of Homeland Security/U.S.Citizenship and Immigration Services that employment will not affect his/her immigration status. The U.S. Citizenshipand Immigration Services provides information to contiad•i• iooýhdi them understand the employment eligibilityverification process for non-US citizens. This information c.anbe'found on their website, http://www.uscis.govlportal/site/uscis.

The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or itsequipment/services, and/or take any number of contract administrative actions (e.g., disallow costs, terminate forcause) should the Contractor violate the Contractor's responsibility under this clause.

C.22 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOREMPLOYEES (AUG 2011)

(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to theWhistleblower Employee Protection public law provisions as codified at 42 U.S.C. 5851. NRC contractor(s) andsubcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and theimplementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures onHandling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures andthe requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24 entitled: "Your RightsUnder the Energy Reorganization Act".

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(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor andsubcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or otheremployment discrimination practices with respect to compensation, terms, conditions or privileges of their employmentbecause the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage inunlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic EnergyAct of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).

(c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performedunder this contract.

C.23 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS (AUG2011)

Prior to occupying any government provided space at NRC HQs in Rockville Maryland, the Contractor shall obtainwritten authorization to occupy specifically designated government space, via the NRC Contracting Officer'sRepresentative (COR), from the Chief, Space Design Branch, ADSPC. Failure to obtain this prior authorization canresult in one, or a combination, of the following remedies as deemed appropriate by the Contracting Officer.

(1) Rental charge for the space occupied will be deducted from the invoice amount due the Contractor

(2) Removal from the space occupied

(3) Contract Termination

C.24 GREEN PURCHASING (JUN 2011)

(a) In furtherance of the sustainable acquisition goals of Executive Order 13514, "Federal Leadership inEnvironmental, Energy, and Economic Performance" products and services provided under this contract/order shall beenergy- efficient (Energy Star or Federal Energy Management Program (FEMP) designated), water-efficient,biobased, environmentally preferable (e.g., Electronic Product Environmental Assessment Tool (EPEAT) certified),non-ozone depleting, contain recycled content, or are non-toxic or less toxic alternatives, where such products andservices meet agency performance requirements. http://www.fedcenter.gov/programs/eo13514/

(b) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performanceof this contract/order.

C.25 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENTIREMITTANCEADDRESS (AUG 2011)

The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be madeby Electronic Funds Transfer. It is the policy of the Nuclear Regulatory Commission to pay government vendors bythe Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33may be disregarded.

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C.26 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED(AUG 2011)

In 1998, Congress amended the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the WorkforceInvestment Act of 1998 (P.L. 105 - 220), August 7, 1998 to require Federal agencies to make their electronic andinformation technology (EIT) accessible to people with disabilities. Inaccessible technology interferes with an abilityto obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in informationtechnology, open new opportunities for people with disabilities, and encourage development of technologies that willhelp achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or useelectronic and information technology. Under Section 508 (29 U.S.C. 794d), agencies must give disabled employeesand members of the public access to information that is comparable to access available to others.

Specifically, Section 508 of that Act requires that when Federal agencies develop, procure, maintain, or use EIT,Federal employees with disabilities have access to and use of information and data that Is comparable to the accessand use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed onthe agency. (36 C.F.R. 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and isviewable at: http://www.access-board.gov/sec5O8/standards.htm)

Exceptions.

All EIT that the government acquires by purchase or by lease/rental under this contract must meet the applicableaccessibility standards at 36 C.F.R. Part 1194, unless one or more of the following exceptions at FAR 39.204 appliesto this acquisition (applicable if checked):

[i The EIT is for a national security system.

] The EIT is acquired by a contractor incidental to a contract.

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

0i Compliance with the applicable 36 C.F.R. Part 1194 provisions would impose an undue burden on the agency.

Applicable Standards.

The following accessibility standards from 36 C.F.R. Part 1194 have been determined to be applicable to thiscontract/order. See www.section508.gov for more information:

- 1194.21 Software applications and operating systems.

[X] 1194.22 Web-based intranet and internet information and applications. 16 rules.

[] 1194.23 Telecommunications products.

0 1194.24 Video and multimedia products.

r 1194.25 Self contained, closed products.

[] 1194.26 Desktop and portable computers.

[] 1194.31 Functional performance criteria.

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0 1194.41 Information, documentation, and support.

Note: Under the Exceptions paragraph, the Contracting Officer should check the boxes for any exceptions thatapply. If no exceptions apply, then the Contracting Officer should, under the Applicable Standards paragraph, checkthe boxes that indicate which of the standards apply. See FAR Subpart 39.2 and www. section508.gov for additionalguidance.

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment 1 - Statement of Work

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SECTION E - SOLICITATION PROVISIONS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effectas if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

52.217-5 EVALUATION OF OPTIONS JUL 199052.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL FEB 2007

REQUIREMENTS--COMMERCIAL ITEMACQUISITION

(End of Addendum to 52.212-1)

E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (DEC2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annualrepresentations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed theannual representations and certifications electronically at the ORCA website, the offeror shall complete onlyparagraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

"Economically disadvantaged women-owned small bUsifHds(EDWOSB) concern" means a small business concernthat is at least 51 percent directly and unconditionally owned by, and the management and daily business operationsof which are controlled by, one or more women who are citizens of the United States and who are economicallydisadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small businesseligible under the WOSB Program.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and forwhich the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can beaccomplished by process or penalties.

"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as aninverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the UnitedStates, or used to be a partnership in the United States,.but now is incorporated in a foreign country, or is a subsidiarywhose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b),applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as hereindefined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at26 U.S.C. 7874.

"Manufactured end product" means any end product in.Federal Supply Classes (FSC) 1000-9999, except-I '-ci= ,. (;, i•:.

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(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwisemade or processed from raw materials into the finished product that is to be provided to the Government. If a productis disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities,mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined inthe Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do notinclude business operations that the person (as that term is defined in Section 2 of the Sudan Accountability andDivestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Departmentof the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under suchauthorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarianorganization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be usedspecifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

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(2) Does not include information or informational materials the export of which the President does not have theauthority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of anypublicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabledveterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabledveterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanentcaregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that isservice-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, notdominant in the field of operation in which it is bidding on Government contracts, and qualified as a small businessunder the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or, .ore veterans ,(as defined at 38 U.S.C. 101(2)) or, inthe case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or moreveterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

'Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; orin the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; andwhose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, atleast 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFRpart 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and themanagement and daily business operations of which are controlled by, one or more women who are citizens of theUnited States.

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(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of thisprovision do not automatically change the representations and certifications posted electronically on the OnlineRepresentations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA websiteaccessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies bysubmission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3,Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months,are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable tothe NAICS code referenced for this solicitation), as of the date of this offer and are incorporated In this offer byreference (see FAR 4.1201), except for paragraphs.

(c) Offerors must complete the following representations when the resulting contract will be performed in the UnitedStates or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small businessconcern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small businessconcern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not aveteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as aveteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offerthat it ( I is, [ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small businessconcern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small businessconcern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned smallbusiness concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisitionthreshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as awomen-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ is, []is not a WOSB concern eligible under the WOSB Program, has provided all the requireddocuments to the WOSB Repository, and no change in circumstances or adverse decisions have been issued thataffects its eligibility; and

(ii) It [] is, [] is not a joint venture that complies with~the requirements of 13 CFR part 127, and the

representation in paragraph (c)(6)(i) of this provision is accurate: for each WOSB concern eligible under the WOSBProgram participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligibleunder the WOSB Program and other small businesses that are participating in the joint venture:Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separatesigned copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offerorrepresented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offerorrepresents that--

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(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository,and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [] is, [] is not a joint venture that complies with the requirements of 13 CFR part 127, and therepresentation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the jointventure. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that areparticipating in the joint venture: .] Each EDWOSB concern participating in the joint ventureshall submit a separate signed copy of the EDWOSB representation.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8).and (c)(9) only if this solicitation is expected toexceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is awomen-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of thisprovision.] The offeror represents that it I ] is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors mayidentify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror orfirst-tier subcontractors) amount to more than 50 percent of the contract price:

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price EvaluationAdjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged BusinessParticipation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on itsdisadvantaged status.]

(i) General. The offeror represents that either--

(A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged businessconcern and identified, on the date of this representation, as a certified small disadvantaged business concern in theCCR Dynamic Small Business Search database maintained by the Small Business Administration, and that nomaterial change in disadvantaged ownership and controlha.,s;'curred since its certification, and, where the concern isowned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom thecertification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); or

(B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or aPrivate Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B,and a decision on that application is pending, and that no material change in disadvantaged ownership and controlhas occurred since its application was submitted.

(iH) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns.The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR124.1002(f) and that the representation in paragraph (c)(1 0)(i) of this provision is accurate for the small disadvantagedbusiness concern that is participating in the joint venture. [The offeror shall enter the name of the smalldisadvantaged business concern that is participating in the joint venture: .]

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small businessconcern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List ofQualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material

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change in ownership and control, principal office, or HUBZone employee percentage has occurred since it wascertified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It [ is, []is not a joint venture that complies with the requirements of 13 CFR Part 126, and therepresentation in paragraph (c)(1 1)(1) of this provision is accurate for the HUBZone small business concern orconcerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone smallbusiness concern or concerns that are participating in the joint venture: .] Each HUBZone smallbusiness concern participating in the joint venture shall submit a separate signed copy of the HUBZonerepresentation.

(d) Representations required to implement provisions of Executive Order 11246--

(1) Previous contracts and compliance. The offeror represents that-

(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunityclause of this solicitation; and

(ii) It [ ] has, I ] has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at eachestablishment, affirmative action programs required by rulesand regulations of the Secretary of Labor (41 CFR parts60-1 and 60-2), or

(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of therules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if thecontract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledgeand belief that no Federal appropriated funds have been paid or will be paid to any person for influencing orattempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee ofCongress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultantcontract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of theofferor with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL,Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularlyemployed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, BuyAmerican Act--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is adomestic end product and that for other than COTS items, the offeror has considered components of unknown originto have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign endproducts those end products manufactured in the United States that do not qualify as domestic end products, i.e., anend product that is not a COTS item and does not meet thecompoqent test in paragraph (2) of the definition of"domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic endproduct," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled"Buy American Act--Supplies."

(2) Foreign End Products:

Line Item No Country of Origin

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[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR52.225-3, Buy American Act--Free Trade Agreements--Israeli;Trade:.Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of thisprovision, is a domestic end product and that for other than COTS items, the offeror has considered components ofunknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian,Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off the-shelf (COTS) item,""component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "FreeTrade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of thissolicitation entitled "Buy American Act-Free Trade Agreements--Israeli Trade Act."

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other thanBahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in theclause of this solicitation entitled "Buy American Act--Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, orPeruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph(g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act--Free TradeAgreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufacturedin the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item anddoes not meet the component test in paragraph (2) of the definition of "domestic end product."

Other Foreign End Products:

Line Item No. Country of Origin

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[List as necessary]

(iv) The Government will evaluate offers in accordance withthe policies and procedures of FAR Part 25.

(2) Buy American Act--Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to theclause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of thissolicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American Act--Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to theclause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products asdefined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary)

(4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I1l. If Alternate III to theclause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other thanBahrainian, Korean, Moroccan, Omani, Panamanian, orPeruyian.e.nd products) or Israeli end products as defined inthe clause of this solicitation entitled "Buy American Act-- Free Trade Agreements--Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian,or Peruvian End Products) or Israeli End Products:

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Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included inthis solicitation.)

(i) The offeror'certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is aU.S.-made, designated country end product, as defined int !claus of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designatedcountry, end products..

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. Forline items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country endproducts without regard to the restrictions of the Buy American Act. The Government will consider for award onlyoffers of U.S.-made or designated country end products unless the Contracting Officer determines that there are nooffers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value isexpected to exceed the simplified acquisition threshold.)Tlie'offe:r&' certifies, to the best of its knowledge and belief,that the offeror and/or any of its principals--

(1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for theaward of contracts by any Federal agency;

(2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civiljudgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal orstate antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery,falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, orreceiving stolen property;

(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entitywith, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

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(4) [ I Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federaltaxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following c€riteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability isnot finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to theliability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to paythe tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforcedcollection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles thetaxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a finaltax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer hasexercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayerhas been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office ofAppeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer hashad no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Shouldthe taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appealrights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer ismaking timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent becausethe taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced

collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1)of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined,produced, or manufactured in the corresponding country as listed for that product.

[](ii) The offeror may supply an end product listed inparagraplh (i)(1) of this provision that was mined, produced,or manufactured in the corresponding country as listed forthatf product. The offeror certifies that it has made a goodfaith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any suchend product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of anysuch use of child labor.

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(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition ofmanufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufactureof the end products it expects to provide in response to this solicitation is predominantly--

(1) _ In the United States (Check this box if the total anticipated price of offered end products manufactured inthe United States exceeds the total anticipated price of offered end products manufactured outside the United States);or

(2) - Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeroras to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor ifit subcontracts out the exempt services.)

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror] does [ ] does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmentalpurposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantialquantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices(see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under thecontract will be the same as that used for these employees and equivalent employees servicing the same equipmentof commercial customers.

1(2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and areprovided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantialquantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or marketprices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion ofhis or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than20 percent of available hours during the contract period if.the cqqntract period is less than a month) servicing theGovernment contract; and "

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under thecontract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did notattach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer assoon as possible; and

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(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification inparagraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of thisclause.

(I) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror isrequired to provide this information to a central contractorir gstrati9qn database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (I)(3) through (I)(5) of this provision to complywith debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A,and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of theofferor's relationship with the Government (31 U.S.C. 7701 (c)(3)). If the resulting contract is subject to the paymentreporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records toverify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

[ TIN:

TIN has been applied for.

TIN is not required because:

[ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have incomeeffectively connected with the conduct of a trade or business in the United States and does not have an office or placeof business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the Federal: Government.

(4) Type of organization.

[ ] Sole proprietorship;

Partnership;

[ Corporate entity (not tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other

(5) Common parent.

Offeror is not owned or controlled by a common rphent;

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[ j Name and TIN of common parent:

Name

TIN

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror doesnot conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations--(1) Relation to Internal Revenue Code. Aninverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation asdefined by the Internal Revenue Code 25 U.S.C. 7874.

(2) Representation. By submission of its offer, the offeror represents that-

(i) It is not an inverted domestic corporation; and

(ii) It is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting withentities engaging in certainractivities or transactions relating to Iran. (1) Theofferor shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided inparagraph (o)(3) of this provision, by submission of its offer, the offeror-

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technologyto the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of,the government of Iran;

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activitiesfor which sanctions may be imposed under section 5 of the Iran Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage inany transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates,the property and interests in property of which are blocked pursuant to the International Emergency Economic PowersAct (50 U.SC. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List athttp://www.treasury.gov/ofac/downloads/tl 1 sdn. pdf).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if--

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agencyprovision); and .

(ii) The offeror has certified that all the offered products to be supplied are designated country end products.

E.3 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TOCLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLYSENSITIVE POSITIONS (DEC 2008)

NRC's Headquarters Assistant Drug Program Coordinator (ADPC) shall be responsible for implementing andmanaging the collecting and testing portions of the NRC Contractor Drug Testing Program. The Headquarters ADPCfunction is carried out by the Drug Program Manager in the Division of Facilities and Security, Office of Administration.

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All sample collection, testing, and review of test results shall be conducted by the NRC "drug testing contractor." TheNRC will reimburse the NRC "drug testing contractor" for these services.

All contractor employees, subcontractor employees, and consultants proposed for performance or performingunder this contract shall be subject to the requirements of the clause if they meet one of the following criteria stated inthe Plan: (1) individuals who require unescorted access to nuclear power plants, (2) individuals who have access toclassified or safeguards information, (3) individuals who are required to carry firearms in performing security servicesfor the NRC, (4) individuals who are required to operate government vehicles or transport passengers for the NRC,(5) individuals who are required to operate hazardous equipment at NRC facilities, or (6) individuals who admit torecent illegal drug use or those who are found through other means to be using drugs illegally. The Plan includespre-assignment, random, reasonable suspicion, and post-accident drug testing. The due process proceduresapplicable to NRC employees under NRC's Drug Testing Program are not applicable to contractors, consultants,subcontractors and their employees. Rather, a contractor's employees and their subcontractors are subject to theprocedures and terms of their employment agreements with their employer.

The N RC Drug Program Manager will schedule the drug testing for all contractor employees, subcontractoremployees, and consultants who are subject to testing under this clause in accordance with the Plan. The NRC willreimburse the NRC "drug testing contractor" for collecting, testing, and reviewing test results. Any NRC contractorfound to be using, selling, or possessing illegal drugs, or any contractor with a verified positive drug test result underthis program while in a duty status will immediately be removed from working under the NRC contract. Thecontractor's employer will be notified of the denial or revocation of the individual's authorization to have access toinformation and ability to perform under the contract. The individual may not work on any NRC contract for a period ofnot less than one year from the date of the failed drug test and will not be considered for reinstatement unlessevidence of rehabilitation, as determined by the NRC "drug testing contractor's" Medical Review Officer, is provided.

Contractor drug testing records are protected under the NRC Privacy Act Systems of Records, System 35, "DrugTesting Program Records - NRC" found at: http:/lwww.nrc.gov/reading-rm/foia/privacy-systems.html

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