ADM-08-395 SOW and Attachments.pdf

Table of Contents Page

SECTION B — CONTINUATION BLOCK

B.1 BACKGROUND

B.2 OBJECTIVES

B.3 SCOPE OF WORK

B.4 TASKS TO BE ACCOMPLISHED AND SPECIFICATIONS FOR

CAMERA-QUALITY COPY

B.5 PREPARATION OF CONSOLIATED TABLES OF CONTENTS FOR

NRCI SIX-MONTH HARDBOUND EDITIONS

B.6 DEVELOPMENT AND PREPARATION OF

INDEXES AND PREPARATION OF CAMERA-QUALITY COPY

B.7 QUALITY CONTROL

B.8 PREPARATION AND DELIVERY OF

FIVE-YEAR COMPILATION OF THE INDEXES TO THE NRCIs (YEAR 5)

B.9 DELIVERABLES

B.10 GOVERNMENT-FURNISHED PROPERTY

B.11 MATERIAL AVAILABLE FOR REVIEW

B.12 INSPECTION/ACCEPTANCE

B.13 PLACE OF PICKUP AND DELIVERY

B.14 CONSIDERATION AND OBLIGATION

B.15 DURATION OF CONTRACT

B.16 2052.215-71 PROJECT OFFICER AUTHORITY ALTERNATE 1

B.17 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE 1 (APR 1984)

B.18 2052.215-70 KEY PERSONNEL (JAN 1993)

B.19 SCHEDULE OF PRICES/COSTS

Table of Figures Table 1 Regular Schedule for July 2008–June 2009* (Year One)

Table 2 Allotted Working Days for Regular Schedule

Table 3 Accelerated Schedule for July 2008–September 2008* (Year One)

Table 4 Allotted Working Days for Accelerated Schedule

Table 5 Schedule for Five-Year Compilation of Indexes

Table 6 General Schedule of Option Years*

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SECTION B — CONTINUATION BLOCK

B.1 BACKGROUND

The Freedom of Information Act at 5 U.S.C. 552(a)(2) requires the U.S. NRC to comply with the following:

"(2) Each agency, in accordance with published rules, shall make available for public inspection and copying—

(A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

... Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or otherwise) copies of each index and supplements thereto. ..A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if—

(i) it has been indexed and either made available or published as provided by this paragraph; or

(ii) the party has actual and timely notice of the terms thereof,"

The issuances to be printed and indexed are those final orders, opinions, statements of policy, interpretations, or staff manuals or instructions of the Commission, the Atomic Safety and Licensing Boards, Administrative Law Judges, Directors' Decisions, and Decisions on Petitions for Rulemaking.

Digests and indexes for these issuances are intended to serve as guides to the issuances.

Information elements common to the cases heard and ruled upon are:

1. Case name (owner(s) of facility)

2. Full text reference (volume and pagination)

3. Issuance number

4. Issues raised by appellants

5. Legal citations (cases, regulations, statutes and others)

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6. Name of facility, docket number

7. Subject matter of issues and/or rulings

8. Type of hearing (for construction permit, operating license, etc).

9. Type of issuance (memorandum, order, decision, etc.)

In each index these information elements are displayed in a separate format. The five indexes shall be arranged in the following order:

1. Case Name Index

2. Digests and Headers

3. Legal Citations Index (cases, regulations, statutes, and others)

4. Subject Index

5. Facility Index

B.2 OBJECTIVES

The objectives of this contract are to provide timely and complete preparation for camera-quality copy and an electronic version of the monthly issuances, including quarterly and semiannual indexes, and six-month hardbound editions. The six-month hardbound editions are compiled from the monthly issuances of the Commission, the Atomic Safety and Licensing Boards, the Administrative Law Judges, Directors' Decisions, and Decisions on Petitions for Rulemaking.

This contract requires completion of five (5) years of monthly issuances, ten (10) quarterly and ten (10) cumulative semiannual indexes, preparation of the Tables of Contents for six-month hardbound editions, preparation of ten (10) computer tapes of the cumulative semiannual indexes, preparation of ten (10) PDF versions of the six-month hardbound editions, preparation of sixty (60) PDF versions of the monthly issuances, and a compilation of Indexes for 5 years of issuances.

B.3 SCOPE OF WORK

The contractor shall prepare and deliver in accordance with the scope of work and delivery schedule, high-quality edited and proofread page proofs, a camera-quality copy, and an electronic version of issuances and indexes subject to the Project Officer's approval. The contractor shall refer to Section D for a copy of sample attachments, which are referenced throughout this contract. Specifications for the work to be performed are as follows:

1. The contractor shall accept manuscripts (hardcopy) and transmitted keystrokes of these manuscripts via e-mail from personal computers (PCs) which are created by word processing packages such as Microsoft Word 2003/2007, Corel WordPerfect x.3, or its equivalent. The NRC reserves the right to stipulate and change the required software versions. The contractor shall keystroke manuscripts when no electronic version is available. Manuscripts shall be picked up by the contractor on a monthly basis.

It is estimated that the contractor will receive approximately 3,500 hardcopy manuscript pages per year, which will create a total of approximately 1,750 camera-quality pages.

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2. The contractor shall copy edit, proofread, and format 60 monthly issues of "Nuclear Regulatory Commission Issuances" beginning with July 2008 and ending with June 2013 (Vols. 68–77). This task includes copy editing and proofreading transmitted text against the manuscript and inserting cite page numbers and cross-reference page numbers.

3. The contractor shall also prepare Tables of Contents (some issues may contain more than one, i.e., some unusually large opinions may have a separate table of contents) for the aforementioned monthly issuances. (Refer to Attachment 3.)

4. The contractor shall make changes to pages of camera-quality copy of monthly issuances after printing and to the master database, as requested by the Project Officer, to prepare copy for use again in the six-month hardbound compilation.

5. The contractor shall compile and edit in a standard format, and proofread Tables of Contents (Refer to Attachment 4), for use in the six-month hardbound compilation of the monthly issuances. More than one set may be necessary, depending on the size of the six monthly issuances printed during the period.

6. The contractor shall prepare the quarterly and semiannual editions of the "Indexes to Nuclear Regulatory Commission Issuances," and shall edit, summarize, compile, and proofread these editions for the periods July-September 2008, July-December 2008, January-March 2009, January-June 2009, July-September 2009, July-December 2009, January-March 2010, January-June 2010, July-September 2010, July-December 2010, January-March 2011, January-June 2011, July-September 2011, July-December 2011, January-March 2012, January-June 2012, July-September 2012, July-December 2012, January-March 2013, and January-June 2013 using the present format and subject headings, with additional headings as determined by the contractor/indexer and user.

7. The contractor shall prepare an archive on CD (or other storage media as determined by NRC) using ASCII character code with fixed length records and fixed blocking for each semiannual index (without typesetting codes) and hardbound volume as an archival, camera-ready PDF (embedded fonts and PDF/x compliant). (Note: The NRC will not provide this the storage media to the contractor, the contractor must provide it.)

8. The contractor shall prepare a PDF version of the camera-ready hardbound version that shall be proofread and checked for accuracy for a period covering six (6) monthly issuances and one (1) semiannual index, minus the digests. The PDF version must be created from an electronic source file (e.g., PC-TEX to postscript) and cannot be made from a scanned image or a TIF. The PDF version shall be provided to the NRC Project Officer after the contractor has completed all corrections for the six-month hardbound edition. In addition, the contractor shall provide archival, camera-ready PDF for each monthly edition and each index (quarterly, semiannual, and five-year cumulative). To prevent the duplicate charge of the PDF production of the indexes, the PDF production cost should be included in the six-month hardbound edition (i.e., the six-month hardbound edition includes the indexes for the period). There will be no separate charge for a PDF of the quarterly and semiannual indexes.

9. The contractor shall prepare and deliver to the Project Officer a compilation of the Indexes to the Nuclear Regulatory Commission Issuances, NUREG-0750, for a five-year period, January 2006 – December 2010 (NUREG-0750, Vols. 63–72) in Year 5 of this contract.

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B.4 TASKS TO BE ACCOMPLISHED AND SPECIFICATIONS FOR

CAMERA-QUALITY COPY

The contractor shall:

1. Prepare camera-quality copy of issuances. The issuances (manuscripts) are the legal record of the cases reported and therefore shall not be changed in any way except for obvious typographical errors, misspelled words, or citation errors to the U.S. Code and other legal citations. Do not substitute alternative spellings. Possible omissions in transmission, inconsistencies in style, format, and grammar; and any other questions regarding the text shall be addressed to the Project Officer or designee.

2. Use The Bluebook — A Uniform System of Citation, Eighteenth Edition, published by The Harvard Law Review Association; hereafter referred to as Bluebook, as a reference legal style guide, and the GPO Style Manual for grammatical style not covered in the Bluebook.

3. Apply the following format and text conventions.

a. Headings and Paragraphs

The leading above a boldface heading shall be greater than the leading below such a header.

Turnovers on headings shall be used so that headings are not set margin to margin.

First line of heading is to be longer than succeeding lines.

No paragraph or heading shall end with a number only on the last line. For example, the following is not permissible:

......................... ......................... ............................................................... Unit 2.

b. Headnotes Headnotes shall be inserted before appearances or the first text heading, such as, "Initial Decision," "Memorandum and Order," etc. Headnotes will be transmitted to the contractor separately for coordination with the appropriate issuance. The issuance and headnotes will contain the same identifying issuance number.

c. Citations Full citations shall be listed in the main heading for each decision. Citations appearing in the text shall be cited in full the first time and abbreviated thereafter.

Refer to appropriate section of the Bluebook.

d. Hyphenation Proper names shall not be hyphenated at the end of a line unless absolutely necessary; avoid where possible. Hyphens at the end of a page should be avoided where possible.

e. Footnotes Footnotes appearing at the bottom of the page shall be indented and shall contain 1/2 space leading between footnote number and first letter of text. Footnotes and quotations appearing within the text shall be indented left (when necessary), and

-5-right at all times and shall contain leading between paragraphs. The type shall be reduced to 8 point. (Refer to Attachment 5.)

f. Symbols and Signals The section symbol shall be set with a space before and after the symbol.

Italicize signals and follow format set forth in the Bluebook.

g. Tables and Figures Tables and figures shall be set according to instructions (written or verbal) furnished by NRC. The contractor shall provide scaling, coding, and interface information for reductions, when necessary.

h. Pagination Pagination shall be continuous for July through December issuances, starting with page 1, and for January through June issuances, starting with page 1.

i. Dissenting Opinions Type for dissenting opinions shall be the same size as type used for decisions.

4. Manuscript Review

Follow the manuscript copy verbatim as long as it is uniformly consistent, and complies with the Bluebook.

Where an asterisk is used in the manuscript copy, do not replace the asterisk with a number. Footnotes will continue to be numbered consecutively throughout each issuance.

5. Format for Composition

Format issuances with PC TEX Software package or equivalent (must be approved by the Project Officer or designee.) Encode format codes to justify margins, align indentations, paginate, enter headnotes where indicated, and enter page numbers in citation headings and cross references in text. Use codes to set Times Roman type style or headings and text, and Helvetica type style for front matter, cite line, and index.

6. Table of Contents

Prepare Tables of Contents (some issues may contain more than one). All applicant, licensee, and petitioner names shall be in alphabetical order by type of issuance on contents page. (Refer to Attachment 3.)

The Table of Contents are part of the Scope of Work for this requirement; therefore, they are not considered author's alterations.

B.5 PREPARATION OF CONSOLIATED TABLES OF CONTENTS FOR

NRCI SIX-MONTH HARDBOUND EDITIONS

1. Table of Contents

The Contractor shall:

Compile and prepare page proofs of tables of contents for ten (10) volumes (compiled of six monthly issues) for the NRCI hardbound editions.

One six-month compilation may be issued in two books depending on the number of pages. The NRC Project Officer will determine the page break. Compilation shall be alphabetized by utility name with subsets appearing in date order. The contractor shall

-6-follow the exact style (English Times) as contained in Volume 53 of the hardbound editions as provided by the NRC Project Officer. The contractor shall not use italics nor alter the style in any way. (Refer to Attachment 4 for sample Table of Contents.) After corrections to page proofs, camera-quality pages shall be delivered to the NRC Project Officer.

2. Camera Copy Contents

Make changes in master database, as necessary, after monthly issuances have been printed, as requested by NRC Project Officer, to prepare for use again in the six-month hardbound compilation.

B.6 DEVELOPMENT AND PREPARATION OF INDEXES AND

PREPARATION OF CAMERA-QUALITY COPY

The contractor shall:

1. Maintain the available list of subject terms used in indexing the issuances and add to them as new terms are developed in indexing new issuances. NRC may request a copy of the current list of subject terms a maximum of two times during year (ten times during a five-year contract).

2. Indexes to be developed are:

a. Case Name

b. Digests and Headers

Issuances of Nuclear Regulatory Commission Issuances of Atomic Safety and Licensing Boards Issuances of Administrative Law Judges Decisions on Petitions for Rulemaking Directors' Decisions

c. Legal Citations Cases Regulations Statutes Others

d. Subject

e. Facility

3. Case Name Index

The case name index is an alphabetical arrangement of the facility owners or petitioners for the individual issuances. Each facility owner or petitioner listing is followed by an alphabetical breakdown by type(s) of hearing in order of issuance number. These separate entries are further defined by type of issuance, docket number, issuance number, and full text reference. (Refer to Attachment 6.)

4. Digests and Headers

Digests shall be separated according to the issuance source and be presented in issuance-number order. Each issuance is identified by a header containing the following

-7-information: issuance number, case name, facility name, docket number, type of hearing, date of issuance, and type of issuance.

The header is compiled from the citation heading in the original opinion and precedes the digest. Digests are compiled from headnotes written for the opinion. A digest is a brief narrative of the legal issue followed by its resolution, and any references used in resolving the issue. If a given issuance covers more than one issue, separate digests are provided for each issue and are designated alphabetically. (Refer to Attachment 7.)

5. Legal Citations Index

The legal citations index for cases, statutes, and others is an alphabetical listing of citations found in the issuances. The legal citations index for regulations is a numeric listing of citations that follows the Code of Federal Regulations format. The references to cases, regulations, statutes, and others are followed by phrases that show the application of the citation in the particular issuance. These phrases are followed by the issuance number and the full text reference. (Refer to Attachments 8 through 11.)

6. Subject Index

Subject words and/or phrases, arranged alphabetically, indicate the issues and subjects covered in the issuances. The subject headings are followed by phrases that give specific information about the subject, as discussed in the issuance being indexed.

These phrases are followed by the issuance number and the full text reference. Cross-references are provided between related subject headings.

Synonyms are provided with "see" references to the subject headings and are used in an inverted form to group like information. For example: "Atomic Safety and Licensing Board, Jurisdiction" instead of "Jurisdiction of Atomic Safety and Licensing Board";

"Time, Extension" instead of "Extension of Time"; and "Effluents, Radioactive" and "Effluents, Thermal" instead of "Radioactive Effluents" and "Thermal Effluents." (Refer to Attachment 12.)

7. Facility Index

The facility index consists of an alphabetical arrangement of facility names from the issuances. The name is followed by docket number, type of hearing or petition, date, type of issuance, issuance number, and full-text reference. (Refer to Attachment 13.)

8. Index Issues

Camera-quality page proofs of the indexes (proofread and checked for accuracy) shall be supplied for the quarters July through September and January through March, and for the semiannual periods July through December and January through June. After the page proofs are approved by the Project Officer, the first page of each index (a sink page) of the camera-quality copy shall be placed on a page with strips indicating the index name. (Refer to Attachments 6 through 13.)

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B.7 QUALITY CONTROL

The contractor shall:

1. Transmission Verification

Compare transmitted keystrokes with hard-copy manuscript to ensure text matches word for word and make any changes according to the hardcopy manuscript, and insert format codes. (Refer to Attachment 5 for format, type style, and type sizes.)

2. Proofreading

Proofread final copy for correctness of text and format. Where errors attributable to the contractor's performance appear in the page proofs, i.e., those which change or obscure the meaning of the opinion, or typographical errors in excess of 2%, the contractor shall immediately correct the error(s) and furnish corrected copy without additional cost to the Government for same, regardless of the delivery time the original schedule specified.

3. Page Proofs

Format, text, table, and proofreading errors found in page proofs shall be corrected by the contractor at no expense to the Government. Copy editor/proofreader's changes with which NRC does not agree, shall upon first occurrence, be considered as author's alterations. Upon recurrence, the required changes shall be made by the contractor at no expense to the Government. The cost of changes not attributable to contractor errors may be billed to the NRC as author's alterations at the rate established under the Schedule of Prices/Costs of the contract.

4. Author's Alterations

Author's alterations are any changes, additions, or deletions made by authors or by the NRC Project Officer or designee after receiving page proofs if those changes, additions, or deletions were not errors on the part of the contractor or were not part of the original manuscript. Queries from the contractor that result in changes are not author's alterations.

5. Master File Corrections

Make and proofread all indicated corrections and changes before preparation of final electronic version. The copy used for indexing must be the same as the camera-quality copy and the computer tapes and PDF versions must be the same as the camera-quality copy.

B.8 PREPARATION AND DELIVERY OF FIVE-YEAR COMPILATION

OF THE INDEXES TO THE NRCIs (YEAR 5)

Preparation and delivery of a compilation of the Indexes to the Nuclear Regulatory Commission Issuances, NUREG-0750, for a five-year period, January 2006–December 2010.

This five-year index will be compiled by using master CDs furnished to the contractor by the Government. The master CDs will contain no typesetting codes. The compilation will be proofread for correctness and consistency of content and format.

NOTE: The contractor shall refer to Paragraph B.9 for the deliverables required under this contract and Attachment 2 for the Schedule of Prices/Costs.

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B.9 DELIVERABLES

For Year One through Five (July 1, 2008 Through June 30, 2013), the contractor shall:

1. Keystrokes and manuscripts to be transmitted by NRC to the contractor.

a. Keystrokes and manuscripts to be transmitted as completed during each month. All issuances resulting from keystrokes to be included in the monthly publication will be transmitted via e-mail to the contractor by close of business of the tenth (10th) working day of the month.

b. Processing of any issuances keystroked or otherwise furnished to the contractor beyond the close of business of the tenth (10th) working day of the month may be deferred by the contractor for processing with the following month's issuances, with concurrence of the Project Officer.

c. Contractor shall note that issuances do not include headnotes. The applicable headnotes will be transmitted separately for coordination with the appropriate issuance.

2. Issuances

a. Regular Schedule (Year One Through Five)

One (1) set of page proofs and a copy of editor/proofreader's marked-up manuscript for NRC files shall be delivered within 5 working days for up to and including 150 manuscript pages, 8 working days for up to 250 manuscript pages, 11 working days for up to 350 manuscript pages, and within 15 working days of receipt of the latest issuance for the applicable month, if manuscript pages do not exceed 500 manuscript pages.

Table 1 Regular Schedule for July 2008–June 2009* (Year One)

Monthly Issuances (Page Proofs) Required Delivery Date**

Estimated Number of Working Days

July 2008 (Beginning of regular schedule in Year 1) through

June 2013 (Last monthly in Year 5)

(54) (Based on number of pages)

Quarterly Indexes January-March July-September

(9) 9

Semiannual Index January-July July-December

(9) 15

NOTE: The above Schedule is firm and can only be shortened by the accelerated schedule.

* Period to be determined by date of contract award.

** Date to be established under each delivery order.

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Table 2 Allotted Working Days for Regular Schedule Number of Working Days Number of Manuscript Pages

5 1-150

8 151-250

11 251 -350

15 351 -500

Over 500 (add 1 working day for every 40 pages in excess of 500) up to 900 pages

The above-specified required delivery dates apply when issuance pages both complete and partial do not exceed 500 transmitted pages. On occasions when such pages exceed 500 in number, required delivery dates may be adjusted by adding one (1) working day for each 40 pages in excess of 500, up to and including 900 pages. If pages exceed 900 in number, adjustment to the delivery schedule will be mutually agreed to by the contractor and NRC. In the event that issuance pages exceed 500 in number, the contractor shall verbally notify the NRC Project Officer to discuss the total number of pages and the expected date of delivery.

b. Accelerated Schedule (Year One Only) The contractor shall meet the accelerated schedule of keystrokes and manuscripts for July–September 2008 (or through the month before contract award). One (1) set of page proofs and a copy of editor/proofreader's marked-up manuscript for NRC files for the first three (or more) months of issuances and one quarterly index, shall be completed in no more than 45 days of contract award, with each additional month extending the delivery date by 12 days. If the contract award is after September 30, 2008, the contractor also shall deliver the July–September 2008 quarterly index no later than 15 days after delivery of the page proofs on the accelerated schedule.

Table 3 Accelerated Schedule for July 2008– September 2008* (Year One)

Monthly Issuances (Page Proofs) Required Delivery Date**

Estimated Number of Working Days

(Based on number of pages)

July 2008 (1) 10

August 2008 (1) 7

September 2008 (1) 7

Each additional month (TBD) 12

Quarterly Index July-September 2008

(1) 15

NOTE: The above Schedule is firm.

* Period to be determined by date of contract award and may include not only the quarterly index but also the semiannual index and the remaining months of the volume.

** Date to be established under each delivery order.

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Table 4 Allotted Working Days for Accelerated Schedule Number of Working Days Number of Manuscript Pages

4 1-150

7 151-250

10 251 -350

13 351 -500

Over 500 (add 1 working day for every 40 pages in excess of 500) up to 900 pages

3. Five-Year Compilation of Indexes

The contractor shall prepare and deliver a five-year compilation of Indexes for Nuclear Regulatory Commission Issuances. The NRC will furnish material at the outset of Year 5 of the contract. (Refer to the archival data CDs reflected under Paragraph B.10.)

Table 5 Schedule for Five-Year Compilation of Indexes Five-Year Compilation of

Indexes (Page Proofs)

Required Delivery Date* Estimated Number of

Working Days Compilation for

January 2006– December 2010

August 2012 5 months (approximately mid-way through Year 4 of the contract)

NOTE: The above Schedule is firm.

* Date to be established under each delivery order.

4. General Schedule of Option Years

Table 6 General Schedule of Option Years* Time Period of Volumes Volume No.* Contract Year*

July–December 2008 January-June 2009 July–December 2009 January-June 2010 July–December 2010 January-June 2011 July–December 2011 January-June 2012 July–December 2012 January-June 2013

YEAR ONE

YEAR ONE

YEAR TWO

YEAR TWO

YEAR THREE

YEAR THREE

YEAR FOUR

YEAR FOUR

YEAR FIVE

YEAR FIVE

NOTE: The above Schedule is firm.

* Period to be determined by date of contract award and whether the NRC exercises the option years.

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5. Delivery and Pickup of Page Proofs

Contractor shall deliver page proofs to the following location:

U.S. Nuclear Regulatory Commission Rulemaking, Directives and Editing Branch, ADM/DAS/RDEB ATTN: Helen Chang, MS T-6-E7 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738

The page proofs shall be reviewed and proofread by the NRC Project Officer, pages for correction shall be returned to the contractor, and the camera-quality copy and an electronic version shall be delivered to the Project Officer after corrections. A detailed schedule for the Issuances and the Indexes is provided in Attachment 15 to this contract.

B.10 GOVERNMENT-FURNISHED PROPERTY

(a) NRC will provide the contractor with the following items for use under this contract:

1. Double-space typewritten manuscript copy of the issuances;

2. Keystrokes by telecommunications (via e-mail) from a personal computer (PC) in

WordPerfect X3 (version 13) or greater, or only when designated by NRC in Microsoft Word 2003 or greater, format;

3. Current list of index (subject) terms;

4. One copy of each monthly printed issuance and each index, one copy of each issuance for the three months preceding the granting of the contract, and one copy of the latest issued index; and

5. Master CDs containing the indexes covering January 2006 through December 2012.

(b) Only the equipment/property listed above will be provided by the Government. This property is subject to the provisions of the Government-Furnished Property clause under this contract. All other equipment/property required in performance of this contract shall be furnished by the contractor.

B.11 MATERIAL AVAILABLE FOR REVIEW

The following materials are available for review at the NRC Public Document Room located at One White Flint North, First Floor, 11555 Rockville Pike, Rockville, MD 20852-2738.

1. Copies of previously published softbound editions of issuances and indexes.

2. Copies of previously published hardbound editions of the issuances.

B.12 INSPECTION/ACCEPTANCE

1. All inspections, acceptance, and rejection decisions for the services and resultant deliverable(s) prepared by the contractor under this effort shall be reviewed by the Project Officer or the authorized representative for conformance to the terms of this contract. Inspection and acceptance of the deliverable(s) shall be made at destination (i.e., NRC Headquarters) by the Project Officer or the authorized representative. The contractor shall refer to Paragraph B.7, “Quality Control.”

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2. Upon receipt of all deliverable items specified, the Project Officer or the authorized representative shall inspect each item for compliance with the specifications contained herein. The contractor shall refer to Paragraph B.7, “Quality Control.”

3. Acceptance or rejection of deliverable items shall be made by telephone contact or in writing by the Project Officer within 10 working days after receipt of said deliverable items from the contractor. In the event of rejection of any portion of the work, completion of corrected items shall be received within 5 working days after receipt of notice of rejection. Final acceptance shall be made in writing only after the work has been corrected to the extent that it conforms to the specifications contained herein and has been approved by the Project Officer. The contractor shall be notified of final acceptance within 5 working days after receipt of the corrected items.

B.13 PLACE OF PICKUP AND DELIVERY

The items required shall be picked up and delivered to:

U.S. Nuclear Regulatory Commission Helen Chang, Room T-6-E19 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738

The mailing address is:

U.S. Nuclear Regulatory Commission Office of Administrative Services ATTN: Helen Chang Mail Stop: T-6-E7 Washington, DC 20555-0001

B.14 CONSIDERATION AND OBLIGATION

(a) The total estimated amount of this contract (ceiling) for the products/services ordered, delivered, and accepted under this contract is $XXX,XXX.XX. The Contracting Officer may unilaterally increase this amount as necessary for orders to be placed with the contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.

(b) The amount presently obligated with respect to this contract is $XXX,XXX.XX. The Contracting Officer or its designee may issue orders for work up to the amount presently obligated. This obligated amount may be unilaterally increased from time to time by the Contracting Officer by written modification to this contract. The obligated amount shall, at no time, exceed the contract ceiling as specified in Paragraph (a) above. When and if the amount(s) paid and payable to the Contractor hereunder shall equal the obligated amount, the contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contact. Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the contractor's sole risk.

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B.15 DURATION OF CONTRACT

This contract shall commence on July 1, 2008 and will expire on September 30, 2013.

B.16 2052.215-71 PROJECT OFFICER AUTHORITY ALTERNATE 1

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

Name: Helen Chang Address: U.S. Nuclear Regulatory Commission Office of Administrative Services, Rulemaking Directives and Editing Branch 11545 Rockville Pike Rockville, Maryland 20852 Telephone Number: (301) 415-5225

The contracting officer's authorized alternate representative, hereinafter referred to as the alternate project officer, for this contract is:

Name: Caroline Hsu Address: U.S. Nuclear Regulatory Commission Office of Administrative Services, Rulemaking Directives and Editing Branch 11545 Rockville Pike Rockville, Maryland 20852 Telephone Number: (301) 415-7794

(b) The project officer shall:

(1) Place delivery orders for items required under this contract up to the amount obligated on the contract award document.

(2) Monitor contractor performance and recommend changes in requirements to the contracting officer.

(3) Inspect and accept products/services provided under the contract.

(4) Review all contractor invoices/vouchers requesting payment for products/services provided under the contract and make recommendations for approval, disapproval, or suspension.

(5) Immediately notify the Personnel Security Branch, Division of Facilities and Security, (PERSEC/DFS) via e-mail when a contractor employee no longer requires access authorization and return the individual's badge to PERSEC/DFS within 3 days after his or her termination.

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

B.17 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE 1

(APR 1984)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders

-15-in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after December 19, 2012.

B.18 2052.215-70 KEY PERSONNEL (JAN 1993)

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

[Contractors to be named by the contractor and initially confirmed by NRC in writing]

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.

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(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.

If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

B.19 SCHEDULE OF PRICES/COSTS

The contractor shall be reimbursed by the Government at the fixed unit prices reflected in the Schedule of Prices/Costs, which is reflected at Attachment 2 of this contract.

[See Attachments 1–15 in PDF, viewable in Adobe Acrobat Reader.]

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ATTACHMENT 1

(MARCH 1996)

BILLING INSTRUCTIONS FOR

FIXED PRICE CONTRACTS

General: The contractor shall prepare vouchers or invoices as prescribed herein. FAILURE TO SUBMIT VOUCHERS/INVOICES IN ACCORDANCE WITH THESE

INSTRUCTIONS WILL RESULT IN REJECTION OF THE VOUCHER/INVOICES AS IMPROPER.

Form: Claims shall be submitted on the payee's letterhead, voucher/invoices, or on the Government's Standard Form 1034. "Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035. "Public Voucher for Purchases Other than Personal--Continuation Sheet." These forms are available from the U.S. Government Printing Office. 710 North Capitol Street.

Washington, DC 20401.

Number of Copies: An original and three copies shall be submitted. Failure to submit al the required copies will result in rejection of the voucher/invoice as improper.

Designated Agency Billing Office: Vouchers/Invoices shall be submitted to the following address:

U.S. Nuclear Regulatory Commission Division of Contracts - T-7.I-2 Washington. DC 20555-0001

A copy of any invoice which includes a purchase of property valued at the time of purchase at $5000 or more. shall additionally be sent to:

Chief. Property Management Branch Division of Facilities and Property Management Mail Stop - T-7-D-27 Washington, DC 20555-0001

HAND-DELIVERY OF VOUCHERS/INVOICES IS DISCOURAGED AND WILL NOT EXPEDITE

PROCESSING BY THE NRC. However, should you choose to deliver vouchers/invoices by hand, including delivery by any express mail service or special delivery service which uses a courier or other person to deliver the vouchers/invoices in person to the NRC; such vouchers/invoices must be addressed to the above Designated Agency Billing Office and-will only be accepted at the following location:

U.S. Nuclear Regulatory Commission One White Flint North - Mail Room 11555 Rockville Pike Rockville, MD 20852

HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVE ADDRESS

(BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS - Page 2 of 3

Note that the official receipt date for hand-delivered vouchers/invoices will be the date it is received by the official agency billing office in the

Division of Contracts.

.Aqency Payment Office: Payment will continue to be made by the office designated in the contract in Block 12 of the Standard Form 26 or Block 25 of the Standard Form 33. whichever is applicable.

Frequency: The contractor shall submit a voucher or invoice only after the

NRC's final acceptance of services rendered or products delivered in.

performance of the contract unless otherwise specified in the contract.

Preparation and Itemization of the Voucher/Invoice: The voucher/invoice shall be prepared in ink or by typewriter (without strike-overs). Corrections or erasures must be initialed. To be considered a proper voucher/invoice, all of the following elements must be included:

1. Contract number.

2. Sequential voucher/invoice number.

3. Date of voucher/invoice.

4. Payee's name and address. (Show the name of the contractor and its correct address. In addition, when an assignment of funds has been made by the contractor, or a different payee has been designated, inclhu zte name end address of the payee). Indicate the name and telephone number of the individual responsible for answering questions which uhe NRC lay have regarding the voucher/invoice.

5. Description of articles or services, quantity. unit price, and total amount.

6. For contractor acquired property list each item purchased costing

$50,000 or more and having a life expectancy of more than 1 year and provide: (1) an item description, (2) manufacturer. (3) model number,

(4) serial number. (5) acquisition cost. (6) date of purchase, and (7) a copy of the purchasing document.

7. Weight and zone of shipment, if shipped by parcel post.

8. Charges for freight or express shipments. Attach prepaid bill if shipped by freight or express.

9. Instructions to consignee to notify the Contracting Officer of receipt of shipment.

;(BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS - Page 3 of 3

10. For Indefinite Delivery contracts or contracts under which progress payments are authorized, the final voucher/invoice shall be marked

"FINAL VOUCHER" OR "FINAL INVOICE."

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

Supersession: These instructions supersede any previous billing i,;structions.

R:\BILLING.396

Attachment 2

Period Description Est. Quantities Fixed Unit Price Total BASE YR Pages 1750 $0.00 $0.00 BASE YR Keystroke Pages 10 $0.00 $0.00

BASE YR TOC 10 $0.00 $0.00

BASE YR Indexes 100 $0.00 $0.00 BASE YR CDs 2 $0.00 $0.00 BASE YR PDFs 14 $0.00 $0.00 BASE YR Alterations 10 $0.00 $0.00 BASE YR 5-yr index 0 $0.00 $0.00 BASE YR Total $0.00 OPT YR 1 Pages 1750 $0.00 $0.00 OPT YR 1 Keystroke Pages 10 $0.00 $0.00

OPT YR 1 TOC 10 $0.00 $0.00

OPT YR 1 Indexes 100 $0.00 $0.00 OPT YR 1 CDs 2 $0.00 $0.00 OPT YR 1 PDFs 14 $0.00 $0.00 OPT YR 1 Alterations 10 $0.00 $0.00 OPT YR 1 5-yr index 0 $0.00 $0.00 OPT YR 1 Total $0.00 OPT YR 2 Pages 1750 $0.00 $0.00 OPT YR 2 Keystroke Pages 10 $0.00 $0.00

OPT YR 2 TOC 10 $0.00 $0.00

OPT YR 2 Indexes 100 $0.00 $0.00 OPT YR 2 CDs 2 $0.00 $0.00 OPT YR 2 PDFs 14 $0.00 $0.00 OPT YR 2 Alterations 10 $0.00 $0.00 OPT YR 2 5-yr index 0 $0.00 $0.00 OPT YR 2 Total $0.00 OPT YR 3 Pages 1750 $0.00 $0.00 OPT YR 3 Keystroke Pages 10 $0.00 $0.00

OPT YR 3 TOC 10 $0.00 $0.00

OPT YR 3 Indexes 100 $0.00 $0.00 OPT YR 3 CDs 2 $0.00 $0.00 OPT YR 3 PDFs 14 $0.00 $0.00 OPT YR 3 Alterations 10 $0.00 $0.00 OPT YR 3 5-yr index 0 $0.00 $0.00 OPT YR 3 Total $0.00 OPT YR 4 Pages 1750 $0.00 $0.00 OPT YR 4 Keystroke Pages 10 $0.00 $0.00

OPT YR 4 TOC 10 $0.00 $0.00

OPT YR 4 Indexes 100 $0.00 $0.00 OPT YR 4 CDs 2 $0.00 $0.00 OPT YR 4 PDFs 14 $0.00 $0.00 OPT YR 4 Alterations 10 $0.00 $0.00 OPT YR 4 5-yr index 400 $0.00 $0.00 OPT YR 4 Total $0.00 Grand Total $0.00

* Assumes 3% increase each year.

Name Pages Keystroke Pages

TOC

Indexes CDs

PDFs Alterations

5-yr index

Author’s alterations (Note: The price is based on a recomposed page.)

Preparation of a compilation of the indexes to the issuances (Cumulative Index 6) For a five-year period (Jan. 2008 – Dec. 2012)

Description

Preparation of camera-quality copy of issuances (keystroke pages).

Preparation of consolidated table(s) of contents for 6-month hardbound edition.

Preparation of indexes for the issuances.

Preparation of an archival CD for each semiannual index.

Estimated Costs Based on Current Contract NRC-33-03-321*

Description of Services

Preparation of camera-quality copy of issuances (transmitted electronically).

Preparation of a PDF version of the 6-month hardbound edition and each monthly issuance, the 6-month hardbound includes the indexes.

Attachment 3

CONTENTS

Issuances of the Nuclear Regulatory Commission

FANSTEEL, INC.

(Muskogee, Oklahoma Facility) Docket 40-7580-MLA ORDER, CLI-01-5, January 31, 2001

HYDRO RESOURCES, INC.

(P.O. Box 15910, Rio Rancho, NM 87174) Docket 40-8968-ML MEMORANDUM AND ORDER, CLI-01-4, January 31, 2001

NORTHEAST NUCLEAR ENERGY COMPANY

(Millstone Nuclear Power Station, Unit 3) Docket 50-423-LA-3 (ASLBP No. 00-771-01-LA)

(Facility Operating License NPF-49) MEMORANDUM AND ORDER, CLI-01-3, January 17,2001

PRIVATE FUEL STORAGE, L.L.C.

(Independent Spent Fuel Storage Installation) Docket 72-22-ISFSI MEMORANDUM AND ORDER, CLI-01-1, January 10, 2001

SEQUOYAH FUELS CORPORATION

(Gore, Oklahoma Site Decommissioning) Docket 40-8027-MLA-4 MEMORANDUM AND ORDER, CLI-01-2, January 17,2001

Issuances of the Atomic Safety and Licensing Boards

FANSTEEL, INC.

(Muskogee, Oklahoma Facility) Docket 40-7580-MLA (ASLBP No. 00-772-01-MLA) MEMORANDUM AND ORDER, LBP-01-2, January 31, 2001 iWi

Attachment 4

CONTENTS

Issuances of the Nuclear Regulatory Commission

CAROLINA POWER & LIGHT COMPANY

(Shearon Harris Nuclear Power Plant)

Docket 50-400-LA Memorandum and Order, CLI-01-7, February 14, 2001 Memorandum and Order, CLI-01-1 i, May 10, 2001

CONSOLIDATED EDISON COMPANY OF NEW YORK and ENTERGY NUCLEAR INDIAN POINT 2, LLC, and

ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point, Units 1 and 2) Dockets 50-003-LT, 50-247-LT (consolidated)

Memorandum and Order, CLI-01-8, March 6, 2001

DUKE COGEMA STONE & WEBSTER

(Savannah River Mixed Oxide Fuel Fabrication Facility) Docket 070-03098

Order, CLI-01-13, June 14, 2001

FANSTEEL, INC.

(Muskogee, Oklahoma Facility) Docket 40-7580-MLA

Order, CLI-01-5, January 31, 2001

HYDRO RESOURCES, INC.

(P.O. Box 15910, Rio Rancho, NM 87174) Docket 40-8968-ML

Memorandum and Order, CLI-01-4, January 31, 2001

NORTHEAST NUCLEAR ENERGY COMPANY

(Millstone Nuclear Power Station, Unit 3) Docket 50-423-LA-3

Memorandum and Order, CLI-01-3, January 17, 2001 Memorandum and Order, CLI-01-10, May 10, 2001

POWER AUTHORITY OF THE STATE OF NEW YORK and

ENTERGY NUCLEAR FITZPATRICK LLC,

ENTERGY NUCLEAR INDIAN POINT 3 LLC, and

ENTERGY NUCLEAR OPERATIONS, INC.

(James A. FitzPatrick Nuclear Power Plant; Indian Point, Unit 3) Dockets 50-333-LT, 50-286-LT (consolidated)

Memorandum and Order, CLI-01-14, June 21, 2001 vii

Attachment 5

Cite as 53 NRC 75 (2001)

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

ATOMIC SAFETY AND LICENSING BOARD

Before Administrative Judges:

Charles Bechhoefer, Chairman Dr. Richard F. Cole

Dr. Charles N. Kelber

In the Matter of

LBP-01-1

Docket No. 50423-LA-3 (ASLBP No. 00-771-01-LA-R)

(Facility Operating License NPF-49)

NORTHEAST NUCLEAR ENERGY

COMPANY

(Millstone Nuclear Power Station, Unit 3) January 17, 2001

The Atomic Safety and Licensing Board denies a motion by Intervenors to reopen the record on one of their contentions, based on newly discovered information, on the ground that the information as presented would not likely have changed the result reached by the Licensing Board in LBP-00-26.

RULES OF PRACTICE: REOPENING OF PROCEEDINGS

Motions to reopen the record on a particular contention are governed by 10 C.F.R. § 2.734, which requires, inter alia, that the motion must demonstrate that a materially different result would be or would have been likely had the newly proffered evidence been considered initially.

RULES OF PRACTICE: DISCOVERY (UPDATING OF RESPONSES)

The obligation to update discovery responses (see 10 C.F.R. § 2.740(e)(2)) ends upon issuance by the Licensing Board of a ruling terminating that aspect of the proceeding to which the discovery relates.

MEMORANDUM AND ORDER

(Denying Motion to Reopen Record on Contention 4)

On December 18, 2000, the Connecticut Coalition Against Millstone (CCAM) and the Long Island Coalition Against Millstone (CAM), Intervenors in this proceeding (collectively referenced as CCAM/CAM), filed a motion requesting that the Licensing Board reopen the record with respect to CCAM/CAM Contention 4, and to vacate its decision in LBP-00-26 on that contention, based on new information which, they assert, would have caused the Board to reach a different result with respect to that contention. Northeast Nuclear Energy Co. (NNECO or Licensee) and the NRC Staff oppose such motion. For reasons set forth below, we deny that motion and decline to reopen the record on Contention 4

L BACKGROUND

CCAM/CAM Contention 4, as admitted in LBP-00-2, 51 NRC 25, 32, 34 (2000), reads as follows:

"Undue and Unnecessary Risk to Worker and Public Health and Safety"

The new set of administrative controls trades reliance on physical protection for admimstrative controls to an extent that poses an…