Sol_31310019R0017_2_docx.docx

SECTION B - Supplies or Services/Prices

B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION

(a) The title of this project is: RISK-INFORMED REVIEWS OF INSTRUMENTATION AND CONTROL (I&C) SYSTEMS AND COMPONENTS: QUANTIFYING DIGITAL I&C (DI&C) SYSTEM RELIABILITY AND TREATMENT OF UNCERTAINTY

(b) Summary work description: The objective of this work is to provide support in developing the technical basis for integrating risk insights into the regulatory framework for I&C systems and components by assessing available methods and analytical tools for quantifying DI&C system reliability and treatment of uncertainty.

(End of Clause)

B.2 CONSIDERATION AND OBLIGATION-TIME-AND-MATERIALS CONTRACT

(a) The ceiling price to the Government for full performance under this contract is *TBD.

(b) The contract includes: (1) direct labor hours at specified fixed hourly rates, inclusive of wages, fringe, overhead, general and administrative expenses, and profit, totaling $*TBD; and (2) cost of travel totaling $NTE $8,000].

(c) The amount presently obligated by the Government with respect to this contract is *TBD.

(d) It is estimated that the amount currently obligated will cover performance through *TBD.

(e) This is an incrementally-funded contract and FAR 52.232-22 – “Limitation of Funds” applies.

(End of Clause)

B.3 PRICE SCHEDULE

The Government will pay up to the rates specified in the Government Federal Travel Regulations (FTR) for travel destination. All travel must be approved in advance by the NRC Contracting Officer’s Representative. NO PAYMENT WILL BE MADE WITHOUT BACKUP DOCUMENTATION/RECEIPTS. SEE SOW ENTITLED TRAVEL

Total Labor and Travel

SECTION C - Description/Specifications

C.1 Title

RISK-INFORMED REVIEWS OF INSTRUMENTATION AND CONTROL (I&C) SYSTEMS AND COMPONENTS: QUANTIFYING DIGITAL I&C (DI&C) SYSTEM RELIABILITY AND TREATMENT OF UNCERTAINTY

C.2 Background

The U.S. Nuclear Regulatory Commission (NRC) staff expects license amendment requests to utilize diverse types of DI&C upgrades in operating reactors in the near future. Operating reactors are expected to implement software-based or field-programmable gate array (FPGA)-based digital systems. The NRC also expects a new generation of non-light water reactor (non-LWR) applications with advanced reactor technologies and highly integrated, state-of-the-art digital systems.

The NRC’s current I&C regulatory infrastructure is based on Institute of Electrical and Electronics Engineers (IEEE) design and quality standards and defense-in-depth approaches. Within this infrastructure, the NRC staff routinely applies engineering judgment on safety importance, informed by operating experience, in evaluating individual designs against regulatory standards. In its staff requirements memorandum (SRM) to SECY 15-0106, “Proposed Rule: Incorporation By Reference of Institute of Electrical and Electronics Engineers Standard 603-2009, “IEEE Standard Criteria for Safety Systems for Nuclear Power Generating Stations” (RIN 3150-AI98),” the Commission directed the NRC staff to modernize the NRC's l&C regulatory infrastructure. In response to this SRM, the NRC staff developed its Integrated Action Plan (IAP)[footnoteRef:1] to modernize the NRC’s DI&C regulatory infrastructure. [1: “Integrated Action Plan to Modernize Digital Instrumentation and Controls Regulatory Infrastructure,” Revision 2, January 2018 (ADAMS Accession No. ML18016B023)]

As part of this effort, the NRC staff is aiming for a DI&C regulatory infrastructure that is risk-informed, performance-based, and technology-neutral. Therefore, the NRC staff seeks to establish the technical basis for integrating risk insights into its technical reviews and inspections of digital systems. The use of risk insights may guide: (1) the degree to which designs should comply with regulatory standards; (2) the level of detail in license amendments or applications; and (3) the level of NRC regulatory focus in performing reviews and making decisions. To the extent practicable, the technical basis established as part of this work should leverage existing risk-informed approaches and probabilistic risk assessment (PRA) methods, models, data, and analytical tools.

A key technical challenge to be addressed is quantifying digital system reliability for the diverse types of technologies and system architectures used by reactors and establishing PRA methods with sufficient quality to guide regulatory decisions on these digital I&C technologies. One aspect of this work is to assess available methods and analytical tools for: (1) estimating failure frequencies of DI&C systems; and (2) assessing and addressing uncertainties in these estimates. The contractor should consider methods and analytical tools used in other relevant agencies or industries and should leverage previous NRC-sponsored research efforts in this area, including those identified below in Section C.4.

C.3 Objective

The objective of this work is to provide technical assistance to NRC Staff in developing the technical basis for integrating risk insights into the regulatory framework for DI&C systems and components by assessing available methods and analytical tools for quantifying DI&C system reliability and treatment of uncertainty.

C.4 Scope of Work/Tasks

This project includes one major task, which is to assess available methods and analytical tools for estimating failure frequencies of DI&C systems and assessing and addressing uncertainties in these estimates.

A kick-off meeting will be held before the start of the major tasks to ensure the contractor fully understands the tasks, deliverables, and schedule. In addition, the contractor will support periodic progress review meetings every six months throughout the period of performance.

Task 1: Assess available methods and analytical tools for: (1) estimating failure frequencies of DI&C systems; and (2) assessing and addressing uncertainties in these estimates. Task 1 includes three subtasks:

· Subtask 1.1: Perform an initial scoping study to review and evaluate available methods and analytical tools for: (1) estimating failure frequencies of DI&C systems; and (2) assessing and addressing uncertainties in these estimates. The focus of this evaluation should be on: (1) identifying available methods and analytical tools that can be adapted to support NRC regulatory decisions regarding DI&C systems and components in nuclear power plants; and (2) assessing the relative strengths and limitations of available methods and analytical tools with respect to supporting such NRC regulatory decisions. The contractor should consider methods and analytical tools used in other relevant agencies or industries and should leverage previous NRC-sponsored research efforts, including but not limited to those documented in the following reports:

· NUREG/CR-6101, “Software Reliability and Safety in Nuclear Reactor Protection Systems.”

· NUREG/GR-0019, “Software Engineering Measures for Predicting Software Reliability in Safety Critical Digital Systems.”

· NUREG/CR-6848, “Preliminary Validation of a Methodology for Assessing Software Quality.”

· NUREG/CR-6901, “Current State of Reliability Modeling Methodologies for Digital Systems and Their Acceptance Criteria for Nuclear Power Plant Assessments.”

· NUREG/CR-6942, “Dynamic Reliability Modeling of Digital Instrumentation and Control Systems for Nuclear Reactor Probabilistic Risk Assessments.”

· NUREG/CR-6962, “Traditional Probabilistic Risk Assessment Methods for Digital Systems.”

· NUREG/CR-6985, “A Benchmark Implementation of Two Dynamic Methodologies for the Reliability Modeling of Digital Instrumentation and Control Systems.”

· NUREG/CR-6997, “Modeling a Digital Feedwater Control System Using Traditional Probabilistic Risk Assessment Methods.”

· NUREG/CR-7042, “A Large Scale Validation of a Methodology for Assessing Software Reliability.”

· NUREG/CR-7044, “Development of Quantitative Software Reliability Models for Digital Protection Systems of Nuclear Power Plants.”

· NUREG/CR-7151, “Development of a Fault Injection-Based Dependability Assessment Methodology for Digital I&C Systems

· NUREG/CR-7234, “Development of A Statistical Testing Approach for Quantifying Safety-Related Digital System on Demand Failure Probability.”

· Subtask 1.2: From the available methods and analytical tools evaluated in Subtask 1.1, identify the preferred method(s) and analytical tool(s) to use for NRC regulatory decisions regarding risk-significant DI&C systems and components in nuclear power plants, and describe their relative strengths and limitations with respect to supporting such NRC regulatory decisions. The contractor shall either: (1) demonstrate how the identified method(s) and analytical tool(s) meet acceptance criteria and specific review guidance pertaining to DI&C system PRAs specified in the NRC’s Standard Review Plan (SRP), Chapter 19.0, “Probabilistic Risk Assessment and Severe Accident Evaluation for New Reactors;” or (2) list differences between the identified method(s) and analytical tool(s) and those specified in the SRP acceptance criteria or specific review guidance, and evaluate how the identified method(s) and analytical tool(s) provide acceptable means of compliance with either the NRC regulations that underlie the acceptance criteria or the specific review guidance. The COR will pre-approve the method(s) and analytical tool(s) to be described in the NUREG/CR report.

· Subtask 1.3: If applicable, identify: (1) potential regulatory or technical gaps that could impact the NRC’s ability to adapt the preferred method(s) and analytical tool(s) selected in Task 1.2 to support NRC regulatory decisions regarding DI&C systems and components in nuclear power plants; and (2) additional research or future work needed to address identified gaps.

The deliverable for Task 1 is a NUREG/CR report that documents the findings from Subtask 1.1 through Subtask 1.3.

C.5 Estimated Labor Categories, Key Personnel and Levels of Effort

Specialized experience for contractor personnel performing under this contract/order must meet the minimum requirements for education and experience. While each senior key staff member need not possess complete expertise in each of the identified areas, each of the identified areas of expertise must be covered by at least one senior key staff member.

NRC requests resumes for each individual proposed to fill these labor categories and reserves the right to approve/disapprove individuals proposed for each labor category.

The work must be coordinated by a Principle Engineer who will be the staff's primary point of contact throughout the performance of the contract/order.

Labor Categories, Requirements and Key Personnel. Personnel working under this contract/order shall meet the minimum requirements for experience and education, as follows:

· LWR and advanced non-LWR (including high-temperature gas-cooled reactor, sodium-cooled reactor, molten salt reactor, and liquid metal cooled reactor) nuclear power plant designs.

· I&C systems and components used in the aforementioned reactor designs, including experience with analyzing failure modes and effects of failures on I&C safety functions.

· PRA methods and related state-of-the-art research on estimation of software and DI&C system failure frequency and reliability.

· Previously completed PRAs or reports that estimated risk associated with systems for safety critical applications.

Yes

*See NRCAR 2052.215-70, “Key Personnel”

Level-of-Effort (in hours). The estimated number of hours required for each labor category by year are provided in the table below.

C.6 Certification and License Requirements

N/A

C.7 Reporting Requirements

C.7.1 Monthly Letter Status Report (MLSR)

Contractor shall provide a Monthly Letter Status Report which consists of a technical progress report and financial status report. This report will be used by the NRC to assess the adequacy of the resources utilized by Contractor to accomplish the work contained in this SOW and to provide status of Contractor’s progress in achieving tasks and producing deliverables. The report shall include agreement/order summary information, work completed during the specified period, schedule for providing deliverables specified in Section C.8, problem identification and resolution, travel plans, and staff hour summary. Copies must be sent to the COR and AMD at ContractsPOT.Resource@nrc.gov.

The MLSR must include the following: agreement number; task order number, if applicable; job code number; title of the project; project period of performance; task order period of performance, if applicable; COR’s name, telephone number, and e-mail address; full name and address of the performing organization; lead (principle) engineer/scientist name, telephone number, and e-mail address; and reporting period. The MLSR reports are due on the 20th of every month.

C.7.2 Final Report

A final report summarizing the work performed and the results and conclusions derived shall be submitted to the COR. The due date, number of report copies required, and format of the final report will be agreed upon by the NRC’s COR and Contractor’s Project Manager.

C.8 List of Deliverables

Acceptance Criteria: Reach a mutual understanding about the tasks of the project

Acceptance Criteria: Support addresses all elements requested by COR.

Microsoft Word or PowerPoint Within 7 days after receipt of request from COR.

Acceptance Criteria: Report contains all required information

Acceptance Criteria: The NUREG/CR contains all required information.

Acceptance Criteria: The NUREG/CR contains all required information.

(NRC staff will provide comments within 3 months after receipt the draft NUREG/CR.)

C.9 Required Materials/Facilities

C.10 Release of Publications

Any documents generated by the contractor under this contract/order shall not be released for publication or dissemination without CO and COR prior written approval.

C.11 Place of Performance

The work to be performed under this contract/order will be primarily performed at contractor’s facility.

C.12 Contractor Travel and Meeting Support

For estimating purposes, it is anticipated that the lead (principle) engineer/scientist and up to one additional contractor staff member will make up to two trips to NRC Headquarters during the period of performance to support meetings to present findings to NRC management and other public meetings (e.g., Advisory Committee on Reactor Safeguards (ACRS) Meetings) as directed by the NRC COR.

Contractor will be authorized travel expenses consistent with the Federal Travel Regulation (FTR) and the limitation of funds specified in the travel line item of this contract/order. All travel requires prior written Government approval from the CO, unless otherwise delegated to the COR.

C.13 Data Rights

FAR 52.2227-14 shall be incorporated by reference.

C.14 Section 508 of the Rehabilitation Act – Electronic and Information Technology Standards

C.14.1 Introduction In December 2000, the Architectural and Transportation Barriers Compliance Board (Access Board), pursuant to Section 508(2)(A) of the Rehabilitation Act Amendments of 1998, established electronic and information technology accessibility standards for the federal government. Section 508(a)(1) requires that when federal departments or agencies develop, procure, maintain, or use electronic and information technology they shall ensure that the EIT allows federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by other Federal employees. The Section 508 requirement also applies to members of the public seeking information or services from a federal department or agency.

The Standards for Section 508 of the Rehabilitation Act (codified at 36 CFR § 1194) were revised by the Access Board, published on January 18, 2017 and minor corrections were made on January 22, 2018, effective March 23, 2018.

The Revised 508 Standards have replaced the term EIT with information and communication technology (ICT). ICT is information technology (as set forth in 40 U.S.C. 11101(6)) and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include, but are not limited to: Computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; Web sites; videos; and, electronic documents.

The text of the Standards for Section 508 of the Rehabilitation Act (aka Revised 508 Standards) can be found in 36 CFR § 1194.1 and in Appendices A, C and D of 36 CFR § 1194 (at https://www.ecfr.gov/cgi-bin/text-idx?SID=caeb8ddcea26ba5002c2eea047698e85&mc=true&tpl=/ecfrbrowse/Title36/36cfr1194_main_02.tpl).

C.14.2 General Requirements In order to help the NRC comply with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d)(Section 508), the contractor shall ensure that its deliverables (both products and services), within the scope of this contract, are

1. in conformance with, and

2. support the requirements of the Standards for Section 508 of the Rehabilitation Act, as set forth in Appendices A, C and D of 36 CFR § 1194.

C.14.3 Applicable Provisions of the Revised 508 Standards The following is an outline of the Revised 508 Standards that identifies what provisions are always applicable and which ones may be applicable.

Refer to Chapter 2 (Scoping Requirements) first to confirm what provisions in Appendix C apply in a particular case.

Section E203.2 applies only to the NRC.

C.14.4 Exceptions

C.14.4.1 Undue Burden, Fundamental Alteration or Best Meets If the Contractor wishes to use the Undue Burden or Fundamental Alteration (section E202.6 of 36 CFR § 1194) or Best Meets (section E202.7 of 36 CFR § 1194) general exceptions the Contractor shall do the following:

1. provide the COR with all information necessary to support the agency’s documentation requirements, as identified in sections E202.6.2 and E202.7.1 of 36 CFR § 1194, respectively

1. request and obtain written approval from the COR for development and/or use, as applicable to the scope of the contract, of an alternative means for providing individuals with disabilities access to and use of the information and data, as specified in sections E202.6.3 and E202.7.2 of 36 CFR § 1194, respectively.

C.14.4.2 National Security Systems Unless a deliverable of this contract is identified in this contract as ICT to be operated by or for the NRC as part of a national security system, as defined by 40 U.S.C. 11103(a), use of the National Security Systems general exception (section E202.3 of 36 CFR § 1194) shall only be made by the Contractor when accompanied by advance written approval by the COR.

C.14.4.3 ICT Functions Located in Maintenance or Monitoring Spaces Unless a deliverable of this contract is identified in this contract as ICT that will be located in maintenance or monitoring spaces, use of the ICT Functions Located in Maintenance or Monitoring Spaces general exception (section E202.5 of 36 CFR § 1194) shall only be made by the Contractor when accompanied by advance written approval by the COR.

C.14.5 Additional Requirements

C.14.5.1 Electronic Content Deliverables For electronic content (as defined in section E103 of 36 CFR § 1194) deliverables of this contract:

1. If a deliverable is in the form of an Adobe Portable Document Format (PDF) file and is either Public Facing or Agency Official Communication (as defined in sections E103 and E205.3 of 36 CFR § 1194, respectively) the Contractor shall ensure that it conforms to both section E205.4 of 36 CFR § 1194 and ISO 14289-1 (PDF/UA-1)

1. Unless the Contractor requests and obtains advance written approval from the COR for a specific deliverable or class of deliverables, the contractor shall ensure that

1. deliverables that are not Public Facing and not Agency Official Communication (as defined in sections E103 and E205.3 of 36 CFR § 1194, respectively) shall conform to section E205.4 of 36 CFR § 1194

1. deliverables that are in the form of PDF files, are not Public Facing and are not Agency Official Communication (as defined in sections E103 and E205.3 of 36 CFR § 1194, respectively) shall conform to section E205.4 of 36 CFR § 1194 and ISO 14289-1 (PDF/UA-1).

C.14.5.2 Section-508-Specific Deliverables The Contractor shall provide documentation required to support Contractor use, if needed, of general exceptions to the Revised 508 Standards, as specified in the Exceptions section, above.

C.14.5.3 Section 508 Inspection and Acceptance ICT delivered by the Contractor shall be Section 508 conformant, unless otherwise stipulated in the acquisition. However, on a case-by-case basis and when in the best interest of the NRC, the COR may choose to provide written approval to the Contractor for waiving selected Section 508-specific requirements for a specific deliverable after requesting and receiving an acceptable remediation plan from the Contractor.

The COR reserves the right to perform testing or validation of some or all of the Contractor’s ICT deliverables to confirm the conformance to the ICT accessibility requirements of this acquisition.

C.15 Applicable Publications (Current Editions)

1. “Integrated Action Plan to Modernize Digital Instrumentation and Controls Regulatory Infrastructure,” Revision 2, January 2018.

2. 10 CFR 50.69, “Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power Reactors.”

3. NEI 00-04 (Rev 0), “10 CFR 50.69 SSC Categorization Guideline.”

4. SC-29980-102 (Draft Rev A), “Modernization of Technical Requirements for Licensing of Advanced Non-Light Water Reactors: Safety Classification and Performance Criteria for Structures, Systems, and Components.”

5. RG 1.174, “An Approach for Using Probabilistic Risk Assessment in Risk-Informed Decisions on Plant-Specific Changes to the Licensing Basis.”

6. RG 1.177, “An Approach for Plant-Specific, Risk-Informed Decisionmaking: Technical Specifications.”

7. RG 1.200, “An Approach for Determining the Technical Adequacy of Probabilistic Risk Assessment Results for Risk-Informed Activities.”

8. RG 1.201, “Guidelines for Categorizing Structures, Systems, and Components in Nuclear Power Plants According to Their Safety Significance.”

9. RG 1.205, “Risk-Informed, Performance-Based Fire Protection for Existing Light-Water Nuclear Power Plants.”

10. Technical Specifications Task Force 505, “Provide Risk-Informed Extended Completion Times – RITSTF Initiative 4b.”

11. IEC 61226, ”Nuclear Power Plants - Instrumentation and Control Important to Safety - Classification of Instrumentation and Control Functions.”

12. 50 FR 32138, “Severe Reactor Accidents Regarding Future Designs and Existing Plants.”

13. 51 FR 30028, “Safety Goals for the Operation of Nuclear Power Plants.”

14. 60 FR 42622, “Use of Probabilistic Risk Assessment Methods in Nuclear Regulatory Activities; Final Policy Statement.”

15. NUREG-0800, “Standard Review Plan,” Chapter 19.0, “Probabilistic Risk Assessment and Severe Accident Evaluation for New Reactors.”

16. NUREG/CR-6101, “Software Reliability and Safety in Nuclear Reactor Protection Systems.”

17. NUREG/GR-0019, “Software Engineering Measures for Predicting Software Reliability in Safety Critical Digital Systems.”

18. NUREG/CR-6848, “Preliminary Validation of a Methodology for Assessing Software Quality.”

19. NUREG/CR-6901, “Current State of Reliability Modeling Methodologies for Digital Systems and Their Acceptance Criteria for Nuclear Power Plant Assessments.”

20. NUREG/CR-6942, “Dynamic Reliability Modeling of Digital Instrumentation and Control Systems for Nuclear Reactor Probabilistic Risk Assessments.”

21. NUREG/CR-6962, “Traditional Probabilistic Risk Assessment Methods for Digital Systems.”

22. NUREG/CR-6985, “A Benchmark Implementation of Two Dynamic Methodologies for the Reliability Modeling of Digital Instrumentation and Control Systems.”

23. NUREG/CR-6997, “Modeling a Digital Feedwater Control System Using Traditional Probabilistic Risk Assessment Methods.”

24. NUREG/CR-7042, “A Large Scale Validation of a Methodology for Assessing Software Reliability.”

25. NUREG/CR-7044, “Development of Quantitative Software Reliability Models for Digital Protection Systems of Nuclear Power Plants.”

26. NUREG/CR-7151, “Development of a Fault Injection-Based Dependability Assessment Methodology for Digital I&C Systems

27. NUREG/CR-7234, “Development of A Statistical Testing Approach for Quantifying Safety-Related Digital System on Demand Failure Probability.”

C.16 Security Requirements

SECTION D - Packaging and Marking

D.1 BRANDING

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

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

(End of Clause)

D.2 PACKAGING AND MARKING

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

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

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

(End of Clause)

SECTION E - Inspection and Acceptance

52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)

E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRC Contracting Officer’s Representative (COR) at the destination, accordance with FAR 52.247-34 - F.o.b. Destination.

Contract Deliverables:

1. Will be determined at Time of Award

2. []

3. []

4. []

5. [] (End of Clause)

SECTION F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

This contract shall commence on effective date and will expire 4 years from award.

(End of Clause)

F.2 PLACE OF DELIVERY-REPORTS

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

a. Name: Contracting Officer's Representative (COR) (1 electronic copy) - Refer to Section H. 8.

b.Contracting Officer (CO) (1 electronic copy) (End of Clause)

F.3 MONTHLY LETTER STATUS REPORT (MLSR)

The contractor shall provide a Monthly Letter Status Report which consists of a technical progress report and financial status report. This report will be used by the Government to assess the adequacy of the resources proposed by the contractor to accomplish the work contained in this SOW and provide status of contractor progress in achieving tasks and producing deliverables. The report shall include contract/order summary information, work completed during the specified period, milestone schedule information, problem resolution, travel plans, and staff hour summary (See Attachment 4)

SECTION G - Contract Administration Data

G.1 REGISTRATION IN FEDCONNECT® (JULY 2014)

The Nuclear Regulatory Commission (NRC) uses Compusearch Software Systems’ secure and auditable two-way web portal, FedConnect®, to communicate with vendors and contractors. FedConnect® provides bi-directional communication between the vendor/contractor and the NRC throughout pre-award, award, and post-award acquisition phases. Therefore, in order to do business with the NRC, vendors and contractors must register to use FedConnect® at https://www.fedconnect.net/FedConnect. The individual registering in FedConnect® must have authority to bind the vendor/contractor. There is no charge for using FedConnect®. Assistance with FedConnect® is provided by Compusearch Software Systems, not the NRC. FedConnect® contact and assistance information is provided on the FedConnect® web site at https://www.fedconnect.net/FedConnect.

G.2 ELECTRONIC PAYMENT (DEC 2017)

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled “Payment by Electronic Funds Transfer-System for Award Management.”

To receive payment, the contractor shall prepare invoices in accordance with NRC’s Billing Instructions. Claims shall be submitted through the Invoice Processing Platform (IPP) (https://www.ipp.gov/). Back up documentation shall be included as required by the NRC’s Billing Instructions.

(End of Clause)

SECTION H - Special Contract Requirements

H.1 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT 1999)

As prescribed at 2009.105-70, the contracting officer shall insert the following provision in all solicitations:

CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT (OCT 1999)

(a) The following representation is required by the NRC Acquisition Regulation 2009.105-70(b). It is not NRC policy to encourage offerors and contractors to propose current/former agency employees to perform work under NRC contracts and as set forth in the above cited provision, the use of such employees may, under certain conditions, adversely affect NRC's consideration of non-competitive proposals and task orders.

(b) There [] are [] are no current/former NRC employees (including special Government employees performing services as experts, advisors, consultants, or members of advisory committees) who have been or will be involved, directly or indirectly, in developing the offer, or in negotiating on behalf of the offeror, or in managing, administering, or performing any contract, consultant agreement, or subcontract resulting from this offer. For each individual so identified, the Technical and Management proposal must contain, as a separate attachment, the name of the individual, the individual's title while employed by the NRC, the date individual left NRC, and a brief description of the individual's role under this proposal.

(End of Provision) H.2 2052.209-71 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (REPRESENTATION). (OCT 1999) I represent to the best of my knowledge and belief that:

The award to [] of a contract or the modification of an existing contract does [] does not [] involve situations or relationships of the type set forth in 48 CFR 2009.570-3(b).

(a) If the representation, as completed, indicates that situations or relationships of the type set forth in 48 CFR 2009.570-3(b) are involved, or the contracting officer otherwise determines that potential organizational conflicts of interest exist, the offeror shall provide a statement in writing that describes in a concise manner all relevant factors bearing on his representation to the contracting officer. If the contracting officer determines that organizational conflicts exist, the following actions may be taken:

(1) Impose appropriate conditions which avoid such conflicts;

(2) Disqualify the offeror; or

(3) Determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 48 CFR 2009-570-9.

(b) The refusal to provide the representation required by 48 CFR 2009.570-4(b), or upon request of the contracting officer, the facts required by 48 CFR 2009.570-3(b), must result in disqualification of the offeror for award.

(End of Provision)

H.3 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:

(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and

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

(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.

(c) Work for others.

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

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

(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).

(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site,

(i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.

(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.

(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.

(d) Disclosure after award.

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

(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government.

(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.

(e) Access to and use of information.

(1) If, in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:

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

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

(iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or

(iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.

(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.

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

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

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

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

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.

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

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

(End of Clause)

H.4 2052.215-70 KEY PERSONNEL. (JAN 1993)

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

Note: This will be replace with titles from contractors proposals *The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.

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

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

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate.