31310020R0005 Solicitation.pdf
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31310020R0005
SOLICITATION, OFFER AND AWARD
4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)
ORDER UNDER DPAS (15 CFR 700)
6. REQUISITION/PURCHASE NUMBER
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
NEGOTIATED (RFP)
SEALED BID (IFB)
5. DATE ISSUED
1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES
1 124
C. E-MAIL ADDRESS
EXT.NUMBERAREA CODE
B. TELEPHONE (NO COLLECT CALLS)A. NAME
10. FOR
INFORMATION
CALL:
CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the
SOLICITATION
9. Sealed offers in original and
PART IV - REPRESENTATIONS AND INSTRUCTIONS
OTHER STATEMENTS OF OFFERORS
EVALUATION FACTORS FOR AWARD
INSTRS., CONDS., AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND
LIST OF ATTACHMENTS
CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
I
J
K
L
M SPECIAL CONTRACT REQUIREMENTS
CONTRACT ADMINISTRATION DATA
DELIVERIES OR PERFORMANCE
INSPECTION AND ACCEPTANCE
PACKAGING AND MARKING
DESCRIPTION/SPECS./WORK STATEMENT
SUPPLIES OR SERVICES AND PRICES/COSTS
SOLICITATION/CONTRACT FORM
PART II - CONTRACT CLAUSESPART I - THE SCHEDULE
H
G
F
E
D
C
B
A
SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)
11. TABLE OF CONTENTS
18. OFFER DATE17. SIGNATURE
SUCH ADDRESS IN SCHEDULE.
IS DIFFERENT FROM ABOVE - ENTER
15C. CHECK IF REMITTANCE ADDRESS
EXT.NUMBERAREA CODE
15B. TELEPHONE NUMBER
(Type or print)AND
ADDRESS
OF
OFFEROR
CODE FACILITY
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME
DATEAMENDMENT NO.DATEAMENDMENT NO.
and related documents numbered and dated):
amendments to the SOLICITATION for offerors
(The offeror acknowledges receipt of
14. ACKNOWLEDGEMENT OF AMENDMENTS
CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)
(See Section I, Clause No. 52.232.8)
13. DISCOUNT FOR PROMPT PAYMENT
designated point(s), within the time specified in the schedule.
by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
28. AWARD DATE
(Signature of Contracting Officer)
27. UNITED STATES OF AMERICA
25. PAYMENT WILL BE MADE BY
26. NAME OF CONTRACTING OFFICER (Type or print)
CODE 24. ADMINISTERED BY (If other than Item 7)
ITEM
(4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED
AWARD (To be completed by government)
CODE
X
NRCHQ
US NRC - HQ
ACQUISITION MANAGEMENT DIVISION
MAIL STOP TWFN-07B20M
WASHINGTON DC 20555-0001
Daniel.App@nrc.gov Jeffrey.Mitchell@nrc.gov
1400 ET 05/13/2020
JEFFREY R. MITCHELL 301
Jeffrey.Mitchell@nrc.gov
415-5074
X
X
X
X
X
X
X
X
X
X
X
X
PAGE(S)
JEFFREY R. MITCHELL
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (Rev. 9-97)
Prescribed by GSA - FAR (48 CFR) 53.214(c) email
12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted
B - Supplies or Services/Prices
B.1 BRIEF DESCRIPTION OF WORK ALTERNATE I
B.2 CONSIDERATION AND OBLIGATION—INDEFINITE-QUANTITY CONTRACT
B.3 PRICE/COST SCHEDULE
C - Description/Specifications
C.1 STATEMENT OF WORK
D - Packaging and Marking
D.1 PACKAGING AND MARKING
D.2 BRANDING
E - Inspection and Acceptance
E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)
F - Deliveries or Performance
F.1 PLACE OF DELIVERY-REPORTS
F.2 PERIOD OF PERFORMANCE ALTERNATE I
G - Contract Administration Data
G.1 REGISTRATION IN FEDCONNECT® (JULY 2014)
G.2 ELECTRONIC PAYMENT (DEC 2017)
G.3 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT. (OCT 1999)
G.4 2052.216-71 INDIRECT COST RATES. (JAN 1993)
G.5 2052.216-72 TASK ORDER PROCEDURES. (OCT 1999)
G.6 2052.216-73 ACCELERATED TASK ORDER PROCEDURES. (JAN 1993)
H - Special Contract Requirements
H.1 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (SEP 2013)
H.2 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL
II ACCESS APPROVAL (JUL 2016)
H.3 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS – GENERAL (JUL
2016)
H.4 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS – GENERAL
EXCEPTIONS (JUL 2016)
H.5 IT SECURITY REQUIREMENTS – NRC AND CONTRACTOR (NON-NRC) FACILITIES
(APR 2014)
H.6 DEFINITION AND HANDLING OF EXPORT CONTROLLED INFORMATION
H.7 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS
H.8 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE
H.9 FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OVER CONTRACTOR
H.10 REPORTING FOREIGN TRAVEL (MAY 2018)
H.11 SECURITY REQUIREMENTS FOR ACCESS TO CLASSIFIED MATTER OR
INFORMATION (SEP 2013)
H.12 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (MAY 2016)
H.13 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORTS OR
THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS
(JUL 2016)
H.14 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR
FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS
INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (OCT 2014) .51
H.15 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC
PAYMENT/REMITTANCE ADDRESS
H.16 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS
H.17 CONTRACTOR CONDUCT (DEC 2019)
H.18 COMPLIANCE WITH INTERNET PROTOCOL VERSION 6 (IPV6) IN ACQUIRING
ELECTRONIC AND INFORMATION TECHOLOGY (EIT) (OCT 2012)
H.19 ORDERING PROCEDURES FOR MULTIPLE-AWARD INDEFINITE-
DELIVERY/INDEFINITE-QUANTITY CONTRACTS (MAR 2014)
H.20 SECURITY REQUIREMENTS FOR UNESCORTED ACCESS TO NUCLEAR POWER
PLANTS (SEP 2013)
H.21 KEY PERSONNEL. (JAN 1993)
H.22 2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993)
H.23 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN
1993)
H.24 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)
H.25 2052.242-70 RESOLVING DIFFERING PROFESSIONAL VIEWS. (OCT 1999)
H.26 2052.242-71 PROCEDURES FOR RESOLVING DIFFERING PROFESSIONAL VIEWS.
(OCT 1999)
I - Contract Clauses
I.1 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS
AMENDED (SEP 2013)
I.2 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE. (JAN 1993)
I.91 52.203-14 DISPLAY OF HOTLINE POSTER(S). (OCT 2015)
I.92 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (OCT 2009)
I.93 52.216-7 ALLOWABLE COST AND PAYMENT. (AUG 2018)
I.94 52.216-18 ORDERING. (OCT 1995)
I.95 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (MAR 2020)
I.96 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (OCT 2018)
I.97 52.219-14 LIMITATIONS ON SUBCONTRACTING. (MAR 2020)
I.98 52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014) - ALTERNATE II (DEC 2007)
I.99 52.244-2 SUBCONTRACTS. (OCT 2010)
I.100 52.244-2 SUBCONTRACTS. (OCT 2010) - ALTERNATE I (JUN 2007)
I.101 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders
K.1 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT 1999)
K.2 2052.209-71 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST
(REPRESENTATION). (OCT 1999)
K.5 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (JUL
2016)
K.6 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS. (DEC 2014)
K.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018)
K.8 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)
K.9 52.215-6 PLACE OF PERFORMANCE. (OCT 1997)
K.10 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (MAR 2020)
K.11 52.222-25 AFFIRMATIVE ACTION COMPLIANCE. (APR 1984)
K.12 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS
IN SUDAN--CERTIFICATION. (AUG 2009)
L - Instructions,Conditions, and Notices to Bidders
L.1 GREEN PURCHASING (JUL 2016)
L.2 2052.215-73 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (OCT
1999)
L.5 52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)
L.6 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN 2017)
L.7 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA
OTHER THAN COST OR PRICING DATA. (OCT 2010)
L.8 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF
SUBCONTRACT EFFORT. (OCT 2009)
L.9 52.216-1 TYPE OF CONTRACT. (APR 1984)
L.10 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE
EVALUATION. (FEB 1999)
L.11 52.233-2 SERVICE OF PROTEST. (SEP 2006)
L.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB
1998)
L.13 INSTRUCTIONS, CONDITIONS & NOTICES
M - Evaluation Factors for Award
M.1 EVALUATION FACTORS
B - Supplies or Services/Prices
B.1 BRIEF DESCRIPTION OF WORK ALTERNATE I
(a) The title of this project is: TECHNICAL ASSISTANCE IN SUPPORT OF NRC’S
RULEMAKINGS, LICENSING AND REGULATORY ACTIONS FOR MATERIALS AND WASTE,
AND ENVIRONMENTAL REVIEWS FOR MATERIALS, WASTE, AND REACTOR PROGRAMS
(b) Summary work description: The NRC activities applicable to this Statement of Work may include providing support for the following: reviews of license applications, license renewals, license amendments, exemption requests, decommissioning activities, and conducting environmental reviews [e.g., preparing environmental impact statements (EISs), supplemental EISs (SEISs), environmental assessments (EAs), technical evaluation reports, and safety evaluation reports (SERs); and rulemaking activities.
(c) Orders will be issued for work in accordance with FAR 52.216-18 – Ordering.
B.2 CONSIDERATION AND OBLIGATION—INDEFINITE-QUANTITY CONTRACT
(a) The estimated total quantity of this contract for the products/services under this contract is ($to be determined) incorporated into resultant contract.
(b) The Contracting Officer will obligate funds on each task order issued.
(c) The minimum guarantee under this contract is $10,000.00.
(d) The obligated amount for this contract is Obligated under Task Order No. 1.
(e) A total estimated cost and fee, if any, will be negotiated for each task order and will be incorporated as a ceiling in the resultant task order. The Contractor shall comply with the provisions of FAR 52.232-20 - Limitation of Cost for fully-funded task orders and FAR 52.232-22
- Limitation of Funds for incrementally-funded task orders, issued hereunder.
B.3 PRICE/COST SCHEDULE
Period of Performance – Five Years from Effective Date of Contract
CLIN DESCRIPTION OF SUPPLIES/SERVICES
0001 The cost schedule will be completed at time of award. See Section J for Cost proposal templates and Section L.13 - Part 2 Cost Proposal format.
Total estimated cost shall be $8,000,000.00 which will result in a shared IDIQ Ceiling
C - Description/Specifications
C.1 STATEMENT OF WORK
PROJECT TITLE: TECHNICAL ASSISTANCE IN SUPPORT OF NRC’S RULEMAKINGS,
LICENSING AND REGULATORY ACTIONS FOR MATERIALS AND WASTE, AND
ENVIRONMENTAL REVIEWS FOR MATERIALS, WASTE, AND REACTOR PROGRAMS
1.0 BACKGROUND
The U. S. Nuclear Regulatory Commission (NRC) is responsible for regulating and licensing the use of radioactive material for civilian use including the construction and operation of commercial nuclear power facilities and commercial and non-commercial non-power production and utilization facilities (NPUFs), construction and operation of materials and waste facilities, and the use of source, byproduct, and special nuclear material. The Office of Nuclear Reactor Regulation (NRR), Office of Nuclear Material Safety and Safeguards (NMSS) and Office of Regulatory Research (RES) with support from the Office of Nuclear Security and Incident Response (NSIR), serve the public interest by enabling the safe, secure, and environmentally responsible use of nuclear power and technology in meeting the nation's energy and research needs.
NMSS is responsible for regulating activities which provide for the safe and secure production of nuclear fuel used in commercial nuclear reactors (uranium recovery, conversion, and enrichment activities; fuel fabrication); and the transportation of radioactive materials regulated under the Atomic Energy Act. NMSS ensures safety and security by implementing a regulatory program involving activities including licensing, inspection, assessment of licensee performance, events analysis, enforcement, and identification and resolution of generic issues.
The activities for materials and waste facilities include, but are not limited to, reviews of license applications, license renewals, license amendments, exemption requests, decommissioning activities, and conducting environmental reviews [e.g., preparing environmental impact statements (EISs), supplemental EISs (SEISs), environmental assessments (EAs), technical evaluation reports, and safety evaluation reports (SERs); and conducting consultation activities].
NMSS is also responsible for carrying out rulemaking activities agency-wide. The NRC's regulations, also called rules, impose requirements that licensees must meet to obtain or retain a license or certificate of compliance to use nuclear materials or operate a nuclear facility.
These regulations govern the use of materials at such nuclear facilities as power plants, research reactors, uranium mills, fuel facilities, and waste repositories; the use of materials for medical, industrial, and academic purposes; and the transportation and storage of materials.
NRC regulations provide licensees with requirements that, if met, will result in reasonable assurance of adequate protection of workers, the public, and the environment. The process of developing regulations is called rulemaking. The NRC initiates a new rule or revisions to existing rules when there is a need to do so to protect the public health and safety. Additionally, any member of the public may submit a petition to the NRC to develop, change, or rescind a rule in accordance with Subpart H of the Title 10 of the Code of Federal Regulations Part 2. The Commission directs staff to begin work on a new rulemaking activity through approval of a staff rulemaking plan.
Additionally, NMSS is responsible for implementing the National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), which requires that Federal agencies consider the environmental effects of their proposed actions in their decision making process.
The U.S Nuclear Regulatory Commission’s (NRC’s) regulations that implement NEPA are contained in Title 10 of the Code of Federal Regulations (10 CFR) Part 51, "Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.” The NRC is also responsible for consultation activities with other Federal, state, and tribal agencies under certain acts (e.g., Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.), National Historic Preservation Act (16 U.S.C. 470 et seq.)].
The environmental review activities for nuclear power reactors and NPUFs may include the following: reviews of applications for reactor design certifications (DCs); early site permits (ESPs); combined license (COL) applications; environmental reviews; reactor pre-application activities; limited work authorizations (LWAs); construction permits (CPs); operating licenses (OLs); other license actions (i.e., amendments, facility operating license renewals, relief requests, exemptions, terminations); oversight; and staff infrastructure development.
Over the next several years the NRC anticipates the continued review of COL applications, and operating and renewal reactor licensing actions, a variety of applications for small modular reactors (SMRs), decommissioning activities, licensing of materials and waste facilities. Due to the number and complexity of these licensing and regulatory activities, commercial contractor resources are needed to augment staff resources. Similarly, NSIR seeks support in security including, but not limited to: physical security, cyber security, access authorization, fitness for duty, materials control and accounting security, transportation security, and support in emergency preparedness.
2.0 WORK REQUIREMENTS
2.1 Contractor Technical Assistance
The Contractor shall provide technical assistance and expertise in the following NRC regulatory and licensing areas including, but not limited to:
Safety Review of Materials and Waste Licensing and Regulatory Actions
(a) Providing technical assistance for revising regulatory and guidance documents as assigned, to support application reviews related to materials and waste licensing actions (e.g., 10 CFR Parts 30s, 40, 61, 70, 72);
(b) Providing technical assistance for review, assessment, and evaluation of submittals (e.g., license applications, license renewals, license amendments, technical reports, safety analyses report, topical reports, and similar documents) for materials and waste facilities;
(c) Preparing request for additional information (RAIs) in support of the above-mentioned submittals, if necessary;
(d) Preparing input to SERs by utilizing NRC provided templates and instructions;
(e) Preparing for and traveling to NRC Headquarters, Regional offices, or regulated and licensed facilities for the purpose of participating in audits, inspections, as well as attending meetings at other NRC locations, with applicants, licensees, and/or vendors, other Federal agencies, state agencies, local agencies, and tribal governments.
(f) Provide support for public meetings including developing talking points and presentations for the meeting and taking notes during the meeting.
Environmental Reviews for Materials, Waste, and Reactors Licensing and Regulatory Actions
(g) Providing technical assistance for revising regulatory and guidance documents related to environmental reviews, to support license application reviews (e.g., NUREG-1555, NUREG- 1748, and other related environmental review guidance);
(h) Providing technical assistance for review, assessment, and evaluation of submittals (e.g., license applications, environmental reports, and associated documents);
(i) Preparing request for additional information (RAIs) in support of the environmental review;
(j) Preparing EISs, SEISs, EAs, and consultation documents by utilizing NRC guidance;
(k) Assisting the NRC staff with the activities (preparing letters and consultation documents, leading and attending consultation meetings, as appropriate) to comply with other consultation requirements such as NHPA and ESA.
(l) Preparing for and traveling to NRC Headquarters, Regional offices, or regulated and licensed facilities for the purpose of participating in audits, inspections, as well as attending meetings at other NRC locations, with applicants, licensees, and/or vendors, other Federal agencies, state agencies, local agencies, and tribal governments.
(m) Provide support for public meetings including developing talking points and presentations for the meeting and taking notes during the meeting.
Rulemaking Activities for Materials, Waste and Reactor Programs
(n) Provide technical expertise and assistance in the:
a. resolution of petitions for rulemaking
b. evaluate technical issues and data to support decision making
c. development of an advanced notice of proposed rulemaking.
d. development of regulatory basis documents.
e. development of the regulatory analysis.
f. Identification of existing guidance documents, inspection procedures, or other related documents that may be impacted by the rulemaking and may need to be revised.
g. Revision or development of new regulatory and guidance documents as needed to support proposed rules and implementation of final rules.
(o) Collect, bin, and recommend disposition of public comments at various stages of the rulemaking process.
(p) Assist in resolving comments from NRC staff and management, and the Advisory Committee on Reactor Safeguards (ACRS).
(q) Prepare the proposed and final rulemaking packages for publication in the Federal Register.
(r) Provide support for public meetings including developing talking points and presentations for the meeting and taking notes during the meeting.
2.2 Task Orders
The Task Orders will be awarded by the Contracting Officer (CO). The Contractor shall submit a technical and cost proposal in response to the Task Order Request for Proposal (RFTOP).
The Contractor shall perform each Task Order in accordance with the final project plan approved by the COR.
2.3 Quality Control Program
The Contractor shall follow a Quality Control Plan which outlines the procedures and system they will use for document version control, technical input tracking, change management, and technical and editorial reviews. The Contractor shall organize, track, and manage changes in a structured, systematic, and transparent manner, throughout the review and production of each deliverable.
3.0 SCOPE OF WORK
The Contractor shall provide technical assistance and expertise in a wide range of technical and scientific disciplines that are more fully-described in the Statement of Work Sections or Parts located below. These Technical Support Services Areas (TSSA) are necessary to accomplish work-related activities aimed at ensuring the overall safety, security and adequacy of nuclear power plant, NPUF, materials and waste facilities design, construction, operations and environmental protection.
3.1 Licensing and Regulatory Actions for Materials and Waste Programs
The Contractor shall provide technical assistance and expertise in the review of the documents and reports related to the submittal of a license application (e.g., design-specific documents, safety analysis reports, environmental reports, technical reports, “white papers,” preliminary system designs or features, programmatic plans, etc.) in support of the NRC’s safety and environmental review activities for materials and waste facilities. Technical assistance to NRC staff shall be provided during all stages of the license application review process: (i) pre-application activities, (ii) acceptance review, (iii) technical review of the license application and associated documents, (iv) development of requests for additional information, and (v) development of the SER.
The Contractor shall provide technical assistance and expertise in the review of the documents and reports related to the license application review documents and associated reports in support of the NRC’s licensing review activities for materials and waste facilities. The Contractor shall prepare deliverables such as trip reports, pre-application activities summary reports, acceptance review findings, RAIs, SERs.
The Contractor shall support the necessary reviews to resolve all safety, security and environmental issues to support the NRC’s licensing decision in response to an application to construct and operate a new facility, a license amendment application, license renewal applications, exemption requests from the NRC regulations, licenses or technical specifications.
These reviews can also the review financial qualifications, decommissioning funding assurances, emergency preparedness, and security requirements.
The Contractor shall also provide technical assistance with the communication and interactions with potential external stakeholders such as the license applicant, other Federal agencies, state and local government agencies, and tribal governments. This assistance may include, reviewing reports provided to NRC by external stakeholders, preparing communication plans and correspondence, preparing and attending public meetings, etc.
3.2 Environmental Reviews for Materials, Waste, and Reactor Programs
The Contractor shall provide technical assistance and expertise for the purpose of performing environmental reviews of new license applications, license amendment, license renewals, exemption request, and other licensing or regulatory activities that require approval of the NRC.
The environmental reviews shall be conducted in accordance with the National Environmental Policy Act of 1969, NRC’s NEPA-implementing regulations found at 10 CFR Part 51, and NRC relevant environmental review guidance. The contractor shall provide technical expertise in support of applications for fuel cycle facilities, uranium recovery facilities, materials licensees,, and decommissioning sites, new reactors, advanced reactors, operating reactors, small modular reactors, and NPUFs.
The Contractor shall provide technical expertise in preparing EISs, SEISs, EAs; conducting the required consultations to comply with other statutes and laws such as the Section 106 process of the National Historic Preservation Act of 1966 and Section 7 of the Endangered Species Act;
and conducting outreach activities with external stakeholders.
The Contractor shall also provide the following technical support in support of NRC’s environmental review process and license application review process: (i) supporting pre-application activities; (ii) performing an acceptance review of the application; (iii) preparing RAIs;
(iv) developing the EIS, SEIS, or EA, (v) interacting with license applicants; (vi) coordinating and interacting with other Federal agencies, state and local agencies, and tribal governments; and
(vii) supporting the preparation for and carrying out of public meetings and participating in site audits.
The Contractor shall also provide technical assistance with the communication and interactions with potential external stakeholders such as the license applicant, other Federal agencies, state and local government agencies, and tribal governments. This assistance may include, reviewing reports provided to NRC by external stakeholders, preparing communication plans and correspondence, preparing and attending public meetings, etc.
As applicable for each type of review or other assignment, the Contractor shall comply or be familiar with the following laws, regulations and guidance, as necessary to support the environmental or safety-related reviews:
• 10 CFR Parts 30s, 40, 50, 51, 52, 54, 70, 71, 72, and 73 in order to support the safety, security and environmental reviews.
• National Environmental Policy Act
• Section 7 of the Endangered Species Act
• Section 106 of the National Historic Preservation Act
• Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations”
• NRC’s Environmental Justice Policy Statement, 69 FR 52040
• NUREG-1748, “Environmental Review Guidance for Licensing Actions Associated with NMSS Programs”
• NUREG-1910, “Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities”
• NUREG-1569 “Standard Review Plan for In Situ Leach Uranium Extraction License Applications”
• NUREG-1520, Revision 2, “Standard Review Plan for Fuel Cycle Facilities License Applications”
• NUREG-2157, “Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel”
• NUREG-1927, “Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent Nuclear Fuel”
• NUREG-1623 “Design of Erosion Protection for Long-Term Stabilization”
• Reg Guide 3.11 “Design, Construction, and Inspection of Embankment Retention Systems at Uranium Recovery Facilities”
• Reg Guide 3.13 “Design, Construction, and Inspection of Embankment Retention Systems at Fuel Cycle Facilities”
• NUREG-0800, “Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition”
• NUREG-1437 “Generic Environmental Impact Statement for License Renewal of Nuclear Plants”
• NUREG-1555 “Standard Review Plans for Environmental Reviews for Nuclear Power Plants:
Environmental Standard Review Plan”
• NUREG-1800 “Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants”
• NUREG-1801 “Generic Aging Lessons Learned (GALL) Report”
• NUREG-1537, Part 2, “Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors, Standard Review Plan and Acceptance Criteria”
• Regulatory Guide 1.152-1996, “Criteria for Use of Computers in Safety Systems of Nuclear Power Plants” in which the NRC staff endorses use of Institute of Electrical and Electronics Engineers (IEEE) standard IEEE 7 4.3.2-1993
• Regulatory Guide 2.5-1977, “Quality Assurance Program Requirements for Research and Test Reactors,” in which the NRC staff endorses use of American National Standards Institute/American Nuclear Society (ANSI/ANS) standard ANSI/ANS 15.8 1976.
• RG 1.232, “Guidance for Developing Principal Design Criteria for Non-Light-Water Reactors”
• DG 1353, “Guidance for a Technology-Inclusive, Risk-Informed, and Performance-Based Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light Water Reactors”
• SECY-18-0076, “Option and Recommendations for Physical Security for Advanced Reactors”
• SECY-18-0096, “Functional Containment Performance”
• SECY-18-0113, “Proposed Rule: Emergency Preparedness for Small Modular Reactors and other New Technologies”
• Any applicable advanced reactor guidance provided by the NRC
• Link for all other reg guides https://www.nrc.gov/reading-rm/doc-collections/reg-guides/res-test-reactors/rg/
The Contractor shall also be familiar with and the following NRR Office Instructions, as necessary, to support the safety and environmental reviews:
• LIC 101 – License Amendment Review Procedures,
• LIC 102 – Relief Request Reviews,
• LIC 103 – Exemption from NRR Regulations,
• LIC 109 – Acceptance Review Procedures,
• LIC 201 – NRR Support to the Hearing Process,
• LIC 203 – Procedural Guidance for Preparing Environmental Assessments and Considering Environmental Issues,
• LIC – 600 Review of Technical Specifications Task Force Travelers and Creation of CLIIP Model Applications),
• In addition, the Contractor shall comply with any applicable Design Specific Review Standards (DSRS) provided by the NRC (the DSRS will be unique for each SMR design; and performs the reference function provided by NUREG 0800 in previous safety reviews).
3.3 Regulatory Guidance Development and Knowledge Management for Materials and Waste Programs and Reactor Environmental Reviews
The Contractor shall provide technical assistance and expertise to support the review and development of guidance documents and infrastructure associated with the safety and environmental reviews of license applications for materials and waste facilities, associated with the environmental reviews of license applications for operating reactors, new reactors, NPUFs, SMRs. This may require assisting the NRC staff in updating office instructions, procedures, technical guidance documents, standard review plans, regulatory guides, communication plans, reviewing industry documentation, developing templates and licensing procedures, and supporting public meetings.
3.4 Rulemaking Support for Materials, Waste and Reactor Programs
The contractor shall provide technical assistance, regulatory assistance, and administrative support throughout the rulemaking process. This may include assisting the NRC in rulemaking for various parts in 10 CFR and other rulemaking activities, as necessary. Support may be required in all phases of the rulemaking process including:evaluation of technical issues and performance data, development of an Advanced Notice of Proposed Rulemaking (ANPR), development of the regulatory bases, development of the proposed and final rulemaking packages, development of direct final rulemakings, public comment resolution, guidance document development at the proposed and final rule stage, and implementation of the final rule. The contractor may also be required to support presentations, public meetings, ACRS meetings and to provide additional technical support to produce other documents associated with the rulemaking.
The impetus for initiating rulemaking could be a direction from the Commission to the NRC staff or a petition for rulemaking submitted by a member of the public. Each proposed rule that involves significant matters of policy is sent to the NRC Commission for approval. If approved, the proposed rule is published in the Federal Register and usually contains (1) the background information about the proposed rule, (2) an address for submitting comments, (3) the date by which comments should be received in order to ensure consideration by the staff, (4) an explanation indicating why the rule change is thought to be needed, and (5) the proposed text to be changed. Usually, the public is given 75 to 90 days to provide written comments. Not all rules are issued for public comment. Generally, those excepted from public comment deal with agency organization, procedure, or practice; are interpretive rules (e.g., guidance interpreting current regulations); or are rules for which delaying their publication to receive comments would be contrary to public interest and impracticable. (See Section 553, "Rulemaking" of the Administrative Procedures Act.) Once the public comment period has closed, the staff analyzes the comments, makes any needed changes, and prepares a draft final rule for Commission approval. Once approved, the final rule is published in the Federal Register and usually becomes effective 30 days later.
When appropriate, NRC can shorten the traditional rulemaking process by using a 'direct final' rulemaking process. This process is only used for regulatory changes that the NRC believes are noncontroversial. The direct final rule process allows an agency to issue a rule without having to go through the review process twice (i.e., at the proposed and final rule stages), while at the same time offering the public the opportunity to challenge the agency's view that the rule is non-controversial. For especially important or complex rules, the NRC may publish an Advance Notice of Proposed Rulemaking (ANPR) and conduct one or more public meetings. The ANPR requests public comment well in advance of the proposed rulemaking stage. The need for some action is described, but only broad concepts are discussed for a proposed action. The various types of rulemaking activities are summarized in the table below. Figure 1 illustrates the typical rulemaking process.
Table 1 - TYPES OF RULEMAKING ACTIVITIES
Type of Rulemaking
Activity Description
Description A final rule is an official Federal agency statement of law or policy. A final rule is ordinarily published in the Federal Register, together with an explanation of the agency’s reasons for the final rule.
Description A proposed rule is an official Federal agency proposal to adopt a rule. A proposed rule is ordinarily published in the Federal Register with an opportunity for public comment.
Advance Notice of Proposed Rulemaking
An Advance Notice of Proposed Rulemaking (ANPR) is one way for a Federal agency such as the NRC—before the agency issues a proposed rule with opportunity for public comment—to: (i) inform the public that the agency is considering undertaking rulemaking, and/or (ii) request early public views on an preliminary rulemaking concept, or alternative rulemaking concepts.
Direct Final Rule
A direct final rule is a final rule that has not been preceded by a proposed rule (with opportunity for public comment). A direct final rule may be used when the NRC believes that it is unlikely that it would receive significant adverse comment on the rule if a proposed rule were first published together with an opportunity for public comment. The NRC publishes a direct final rule and a companion proposed rule concurrently in the Federal Register. If no significant adverse comments are received, the NRC publishes a subsequent document that confirms the effective date. If significant adverse comments are received, the NRC publishes a document in the Federal Register that withdraws the direct final rule in whole or in part before the specified effective date.
Correction;
Correcting Amendment Rule
A correction corrects the text of a final rule before the final rule becomes effective; a correction is not a rule and the NRC simply notifies the Office of Federal Register of the error. A correcting amendment is used to make substantive corrections to a final rule published in the Federal Register (although a correcting amendment may also include non-substantive error corrections in CFR text).
Petition for Rulemaking under
10 CFR 2.802
A petition for rulemaking is a request, submitted by a stakeholder, that the NRC takes the necessary action to either revise an existing regulation, or to adopt a new regulation
Rulemaking Plan
An approved Rulemaking Plan is required for most rulemakings (with very few exceptions) to ensure that the Commission is involved in the early stages of rulemaking and as a means to document the agency's rulemaking decisions.
Policy and Interpretive Rule
A policy is an agency statement of intent or position, but which is not a legally binding requirement. An interpretive rule represents an agency's interpretation of existing law or policy. Guidance documents such as regulatory guides can be viewed as interpretive rules, statements of policy or having elements of both interpretation and policy.
Figure 1 – Typical Rulemaking Process (See Attachment No. 7)
Additional Background Information:
The NRC participates in the federal shared rulemaking website, regulations.gov, a portal for the public to review and comment on published regulatory actions and to view any supporting materials if provided. The Rulemaking and Petition for Rulemaking Dockets include publicly-available documents such as NRC-issued Federal Register notices, supporting documents, public comments, and other related documents.
NUREG/BR-0053, “The NRC Regulations Handbook,” offers guidance to NRC staff on how to prepare, review, and coordinate rulemaking actions. It includes procedures, requirements, and background information essential to the successful development and review of rulemaking activities. Guidance for the preparation of regulatory and cost-benefit analysis documents is provided in Regulatory Analysis Guidelines of the U.S. Nuclear Regulatory Commission (NUREG/BR-0058, Revision 5).
In addition to NRC regulations, policy and directives governing rulemaking activities, NRC rulemaking must comply with statutorily-mandated procedural requirements:
Administrative Procedure Act: The Administrative Procedure Act requires that Federal agencies follow specific guidelines when promulgating rules, including requiring that the agency give the public an opportunity to comment on a rule proposed by the agency before the rule can be put into effect.
https://www.archives.gov/federal-register/laws/administrative-procedure
National Environmental Policy Act: The National Environmental Policy Act requires each Federal agency to prepare an environmental impact statement on each major Federal action significantly affecting the quality of the human environment. The intent of the Act is to build the consideration of environmental aspects of agency actions into the decision-making process of the agency.
https://www.govinfo.gov/content/pkg/PLAW-104publ113/pdf/PLAW-104publ113.pdf
Paperwork Reduction Act: The Paperwork Reduction Act (PRA) is intended to minimize the burden on regulated parties resulting from the collection of information by and for the Federal Government. The PRA also is intended to maximize the public benefit and practical utility of information created, collected, disclosed, maintained, used, shared, and disseminated by or for the Federal Government. The PRA requires each Federal agency to obtain approval from OMB for each information collection activity that affects 10 or more persons.
https://www.govinfo.gov/content/pkg/PLAW-104publ13/pdf/PLAW-104publ13.pdf
Regulatory Flexibility Act: The Regulatory Flexibility Act requires Federal agencies to review their regulations to ensure that they do not unduly inhibit the ability of small entities to compete.
https://www.govinfo.gov/content/pkg/STATUTE-94/pdf/STATUTE-94-Pg1164.pdf
Congressional Review Act: The Congressional Review Act requires Federal agencies to provide Congress with an opportunity to review agency rules. Each agency is required to submit a report to Congress containing a copy of each final rule and a concise general statement of the final rule. A report is not required for proposed rules.
https://www.govinfo.gov/content/pkg/PLAW-104publ121/pdf/PLAW-104publ121.pdf
Plain Writing Act: The Plain Writing Act requires that federal agencies write all publications, forms, and publicly distributed documents in a "clear, concise, well-organized" manner.
https://www.govinfo.gov/content/pkg/PLAW-111publ274/pdf/PLAW-111publ274.pdf
National Technology Transfer and Advancement Act: The National Technology Transfer and Advancement Act of 1995 requires Federal agencies to consult with and to participate in the development of consensus standards. The Act also requires that Federal agencies use standards developed by voluntary consensus standard bodies unless the use of such a standard is inconsistent with applicable law or is otherwise impractical.
https://www.govinfo.gov/content/pkg/PLAW-104publ113/pdf/PLAW-104publ113.pdf
Small Business Regulatory Enforcement Fairness Act (SBREFA): The Small Business
Regulatory Enforcement Fairness Act requires Federal Agencies to publish one (or more) small entity compliance guides for each rule or group of related rules for which the agency is required to prepare a final regulatory flexibility analysis under Section605(b) of title 5, United States Code.
https://www.govinfo.gov/content/pkg/PLAW-104publ121/pdf/PLAW-104publ121.pdf
3.5 Litigation Support
Litigation support may be needed for the four (4) technical support services areas listed in 3.1 through 3.4.
The Contractor shall provide litigation support at hearings (mandatory or contested), and other similar processes. This effort includes, but is not limited to: providing written documentation of work performed during the subject technical reviews; providing expert testimony (written and oral) and reports; reviewing and analyzing expert testimony/reports provided by other parties in the litigation; and participate in evidentiary hearings.
4.0 TASK ORDER PLACEMENT PROCEDURES
Each task order under this IDIQ contract will be awarded on a competitive basis.
Under FAR 19.502-4 "Multiple-Award Contracts and Small business Set-Asides" in accordance with Section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), Contracting Officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3).
When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in Part 19 apply.
5.0 PERSONNEL QUALIFICATIONS
All personnel performing work under this contract shall have pertinent technical experience by discipline and technical area. Experience in these disciplines and technical areas must be related to the design, construction, operation, maintenance, security, inspection and environmental review of nuclear power plants and non-nuclear facilities licensed by the NRC.
Emphasis is placed on experience that is related to safety, security and environmental impact where judgments are made as to whether applicable codes and federal regulations are being, or have been, implemented and/or followed. It is the responsibility of the Contractor to propose technical staff, employees, subcontractors or specialists who have the required educational background, experience, security clearance and/or access authorization or combination thereof, to meet both the technical and regulatory objectives of the work specified in the task order statement of work (SOW). The number of personnel required will vary during the course of the contract. The availability of qualified Contractor personnel who shall possess the minimum experience, educational background, and combination thereof, will be negotiated on each task order.
5.1 CONTRACTOR PROJECT MANAGER QUALIFICATIONS
The Contractor shall provide a responsible Project Manager who shall possess, at a minimum, a Bachelor's Degree in Engineering or Science and ten (10) years of direct project management experience in professional commercial nuclear support services. The Project Manager shall have experience that is related to safety, and/or security, and/or environmental impact where judgments are made as to whether applicable codes and federal regulations are being, or have been, implemented and/or followed. The Project Manager will have demonstrated capabilities to address highly complex issues. This individual shall also be considered as key personnel under the contract and serve as primary contact.
5.2 TECHNICAL DISCIPLINES AND SPECIALIZED TECHNICAL AREAS
The staffing plan of the technical personnel must at a minimum possess the education, qualifications and project experience for each technical support service area listed below:
The NRC encourages, offerors to include education, qualifications and project experience on Artificial Intelligence and Data Science as an emerging future skill needed as the paradigm of the NRC is being a modern risk informed regulator.
The minimum number of years listed below applies to the individual and not collective of individuals. The required experience is a collection of individuals and will be proposed in the staffing plan format found in Section L.
3.1 Licensing and Regulatory Actions for Materials and Waste Programs
Educational Requirements Required Experience Minimum Number of Years of Experience
Bachelor's Degree Project Management Experience
10 years
Expertise in nuclear facilities and safety, including demonstrated knowledge in the specific areas described below.
· In-depth knowledge of nuclear power plant systems including reactor and for LWRs and advanced designs (including accident tolerant fuels)
· In depth-knowledge of fuel cycle facilities (uranium recovery, enrichment, fuel fabrication, conversion/deconversion)
· Expertise in nuclear accident consequence analysis including radionuclide release, atmospheric transport, meteorology, exposure pathways, dosimetry and health effects, economic factors, and uncertainty analysis
Bachelor's Degree in Engineering or Science
In depth-knowledge of nuclear waste management (spent fuel and low 10 years level waste)
Bachelor of Science or Bachelor of Arts Technical editing experience 5 years
3.2 Environmental Review (NEPA) Support for Materials, Waste, and Reactor Programs
Educational Requirements Required Experience Minimum Number of Years of Experience
Bachelor's Degree
Experience in Project Management and implementing and overseeing National Environmental Policy Act (NEPA) environmental reviews.
· Experience implementing and overseeing National Historic Preservation Act (NHPA) Section 106 review
· Experience implementing and overseeing Endangered Species Act (ESA) Section 7 reviews
10 years in managing and overseeing NEPA projects, including 5 years of experience each in NHPA and ESA implementation and oversight.
Subject matter experts o NEPA reviews o Air Quality o Meteorology o Climate Change o Waste Management;
o Water resources (groundwater and surface water) o Geology and Soils o Historic and Cultural Resources and Section 106 Reviews of the
NHPA
o Ecology and Section 7 of the ESA o Socioeconomics o Environmental Justice o Visual and Scenic Resources;
10 or more years of NEPA environmental review experience
10 years or more of ESA Section 7 reviews
Except as provided above, 3 years or more of experience in each of the specific areas listed at left.
o Noise o Land Use o Transportation Analysis o Radiological Health and Safety o Non-Radiological Health and Safety o Cost-Benefit Analysis o Cumulative impacts analysis and methodology
Archaeology or anthropology 10 years
Experience with outreach and consultation with Indian Tribes
Bachelor's Degree Meet the professional standards under the National Historic Preservation Act regulations developed by the Secretary (see 36 CFR 800.2(a)(1))
10 years or more of NHPA Section 106 review
Expertise in nuclear facilities and safety, including demonstrated knowledge in the specific areas described below.
· In-depth knowledge of nuclear power plant systems including reactor and for LWRs and advanced designs (including accident tolerant fuels)
· In depth-knowledge of fuel cycle facilities (uranium recovery, enrichment, fuel fabrication, conversion/deconversion)
· Expertise in nuclear accident consequence analysis including radionuclide release, atmospheric transport, meteorology, exposure pathways, dosimetry and health effects, economic factors, and
In depth-knowledge of nuclear waste management (spent fuel and low
3.3 Regulatory Guidance Development and Knowledge Management for Materials and Waste Programs and Reactor Environmental Reviews
Educational Requirements Required Experience Minimum Number of Years of Experience
Bachelor's Degree
Experience in Project Management and implementing and overseeing National Environmental Policy Act (NEPA) environmental reviews.
· Experience implementing and overseeing National Historic Preservation Act (NHPA) Section 106 review
· Experience implementing and overseeing Endangered Species Act (ESA) Section 7 reviews
10 years in managing and overseeing NEPA projects, including 5 years of experience each in NHPA and ESA implementation and oversight.
Subject matter experts o NEPA reviews o Air Quality o Meteorology o Climate Change o Waste Management;
o Water resources (groundwater and surface water) o Geology and Soils o Historic and Cultural Resources and Section 106 Reviews of the
NHPA
o Ecology and Section 7 of the ESA o Socioeconomics o Environmental Justice o Visual and Scenic Resources;
o Noise o Land Use o Transportation Analysis o Radiological Health and Safety o…
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