Attachment 1 - Combined Synopsis Solicitation - 31310026R0011.pdf
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- Attached to
- New TTC Simulator Support for the U. S. Nuclear Regulatory Commission Federal contract opportunity
- Solicitation number
- 31310026R0011
- Issued by
- Nuclear Regulatory Commission
About this file
This is a Combined Synopsis/Solicitation for Simulator Configuration Support Services issued by the U.S. Nuclear Regulatory Commission (NRC). The solicitation number is 31310026R0011, posted on May 27, 2026, with a current response date of June 10, 2026, and an anticipated award date of July 31, 2026. This is a Full and Open competition prepared in accordance with FAR Part 12 for commercial services. The NAICS code is 541519 with a $34.0M small business size standard, and the product/service code is R425. Quoters must be registered in the System of Awards Management (SAM) and FedConnect to be considered for award.
The NRC will award a hybrid contract, primarily firm-fixed price with a Time-and-Materials CLIN for replacement parts and optional component upgrades. The base year runs from July 31, 2026, to July 30, 2027, with four optional one-year periods extending through July 30, 2031. Required services include on-site hardware support (lead position at 2,080 hours), an optional on-site hardware support position (2,080 hours), off-site expert support (480 hours), and overtime for hardware support (50 hours), all on a firm-fixed-price basis. Other direct costs for replacement parts and optional component upgrades are reimbursable on a time-and-materials basis at actual cost plus applicable indirect cost burdens and travel. The service location is the NRC Technical Training Center at 5746 Marlin Road, Suite 200, Chattanooga, Tennessee 37411-5677. Evaluation criteria include corporate experience, technical approach, key personnel qualifications, past performance, and evaluated cost/price, with non-cost factors being significantly more important than cost. All evaluation factors other than cost/price, when combined, are considered more important than cost/price.
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| File | Type | Posted |
|---|---|---|
| Attachment 2 - Past Performance Information Questionnaire.docx | DOCX document | |
| Attachment 1 - SOW.pdf |
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Text version
COMBINED SYNOPSIS/SOLICITATION FOR:
Simulator Configuration Support Services
General Information
Document Type: Combined Synopsis/Solicitation Solicitation Number: 31310026R0011 Posted Date: 05/27/2026 Current Response Date: 06/10/2026 Product or Service Code: R425 Set Aside: Full and Open NAICS Code: 541519
Contracting Office Address
U.S. Nuclear Regulatory Commission (NRC) 11555 Rockville Pike Rockville, MD 20852
Description This is a combined synopsis/solicitation for commercial services prepared in accordance with FAR part 12. This announcement will provide a single point of accountability and coordination for NRC in the delivery of Support Services for the Technical Training Center (TTC) (See Attached ATTACHMENT 2 - SOW). Quotations are being requested, and a separate written solicitation will not be issued.
Solicitation number 31310026R0011 is issued as a Request for quotation (RFQ) for NRC’s Technical Training Center (TTC) Simulator Configuration Program, where support services is needed. This is a Full and Open competition requirement with an anticipated award date of July 31st, 2026.
Due to the nature of this acquisition, it is not set aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12 http://www.acquisition.gov/
The NAICS code for this procurement is 541519, with a $34.0M small business size standard, and the product/service code is R425. Quoters must be registered in the System of Awards Management (SAM) at http://www.sam.gov , and FedConnect to be considered for award. The government will award a hybrid contract, primarily firm-fixed price with a Time-and-Materials CLIN, to the quoter whose proposal best meets the solicitation criteria.
All interested companies must provide quotation(s) for the following:
Base Year (07/31/2026 - 07/30/2027) Hours Labor Rate Subtotal Labor- Firm-Fixed-Price (FFP) On-site Hardware Support (Lead) - FFP 2080 *Optional* On-site Hardware Support - FFP 2080 Off-site Expert Support - FFP 480 Overtime for Hardware Support - FFP 50
Other Direct Costs (ODCs) Time-and-Materials (T&M) Qty Unit Price Subtotal Replacement Parts, and Optional Component Upgrades (to be reimbursed at actual cost plus any applicable indirect cost burden(s) (including Travel) – T&M
1 $62,000.00 $62,000.00
Base Year Total:
Option Year 1 (07/31/2027 - 07/30/2028) Hours Labor Rate Subtotal Labor On-site Hardware Support (Lead) - FFP 2080 *Optional* On-site Hardware Support - FFP 2080 Off-site Expert Support - FFP 480 Overtime for Hardware Support - FFP 50
Other Direct Costs (ODCs) Qty Unit Price Subtotal Replacement Parts, and Optional Component Upgrades (to be reimbursed at actual cost plus any applicable indirect cost burden(s) (including Travel) – T&M
1 $63,500.00 $63,500.0 http://www.sam.gov/
Option Year 1 Total:
Option Year 2 (07/31/2028 - 07/30/2029) Hours Labor Rate Subtotal
On-site Hardware Support (Lead) - FFP 2080
*Optional* On-site Hardware Support - FFP 2080
Off-site Expert Support - FFP 480
Overtime for Hardware Support - FFP 50
Other Direct Costs (ODCs) Qty Unit Price Subtotal Replacement Parts, and Optional Component Upgrades (to be reimbursed at actual cost plus any applicable indirect cost burden(s) (including Travel) – T&M
1 $65,500.00 $65,500.00
2 Total:
Option Year 3 (07/31/2029 - 07/30/2030) Hours Labor Rate Subtotal
On-site Hardware Support (Lead) - FFP 2080 *Optional* On-site Hardware Support - FFP 2080 Off-site Expert Support - FFP 480 Overtime for Hardware Support - FFP 50
Other Direct Costs (ODCs) Qty Unit Price Subtotal Replacement Parts, and Optional Component Upgrades (to be reimbursed at actual cost plus any applicable indirect cost burden(s) (including Travel) – T&M
1 $67,500.00 $67,500.00
3 Total:
The anticipated period of performance is:
Base Year: 07/31/2026 – 07/30/2027 Option Year 1: 07/31/2027 – 07/30/2028 Option Year 2: 07/31/2028 – 07/30/2029 Option Year 3: 07/31/2029 – 07/30/2030 Option Year 4: 07/31/2030 – 07/30/2031
Refer to “Attachment 2 - SOW” for all required service qualifications and technical expertise.
Place of Performance
NRC Technical Training Center (TTC)
Address: 5746 Marlin Road, Suite 200, Chattanooga, TN
Postal Code: 37411-5677 Country: United States
Option Year 4 (07/31/2030 - 07/30/2031) Hours Labor Rate Subtotal
On-site Hardware Support (Lead) - FFP 2080 *Optional* On-site Hardware Support - FFP 2080 Off-site Expert Support - FFP 480 Overtime for Hardware Support - FFP 50
Other Direct Costs (ODCs) Qty Unit Price Subtotal Replacement Parts, and Optional Component Upgrades (to be reimbursed at actual cost plus any applicable indirect cost burden(s) (including Travel) – T&M
1 $69,500.00 $69,500.00
4 Total:
Award will be made to the quoter whose quotation is deemed by the NRC to be the most advantageous to the Government, evaluated cost/price and other factors considered. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The government will evaluate submissions based on the following evaluation criteria:
Factor 1 – CORPORATE EXPERIENCE . The Government will evaluate the extent and relevance of the quoter’s corporate experience.
FACTOR 2 – TECHNICAL APPROACH
The Government will evaluate the adequacy of the quoter’s proposed technical approach to meet the solicitation requirements. The Government will also evaluate the proposed labor categories, labor mix and any deviation from the estimated level-of-effort listed in Pages 2-4 of this document.
FACTOR 3 –KEY PERSONNEL
The Government will evaluate the qualifications of the proposed Key Person to perform their intended role.
FACTOR 4 – PAST PERFORMANCE
The Government will evaluate the quoter’s past performance information to assess how well the quoter performed on contracts similar in scope to this procurement that were completed within the past three (3) years or are currently being performed. In performing this evaluation, the Government will consider any relevant Past Performance questionnaires received, may contact some or all of the references provided, and may consider other past performance information obtained from any other source.
FACTOR 5 – EVALUATED COST/PRICE
The Government will derive the evaluated cost/price by adding the total for the base period to the total for all option periods.
2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY. (OCT 1999)
(a) The contracting officer's authorized representative (hereinafter referred to as the COR) for this contract is:
[Name: To be determined (TBD) Upon Resultant Award, Address: TBD Upon Resultant
Award, Telephone Number: TBD Upon Resultant Award]
(b) Performance of the work under this contract is subject to the technical direction of the NRC COR. The term "technical direction" is defined to include the following:
(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, authorizes travel which was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work (SOW) or changes to specific travel identified in the SOW), fills in details, or otherwise serves to accomplish the contractual SOW.
(2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work description.
(3) Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.
(c) Technical direction must be within the general statement of work stated in the contract. The COR does not have the authority to and may not issue any technical direction which:
(1) Constitutes an assignment of work outside the general scope of the contract.
(2) Constitutes a change as defined in the "Changes" clause of this contract.
(3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
(4) Changes any of the expressed terms, conditions, or specifications of the contract.
(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.
(d) All technical directions must be issued in writing by the COR or must be confirmed by the COR in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel, which has received final approval from the NRC must be furnished to the contracting officer.
(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within the COR's authority under the provisions of this clause.
(f) If, in the opinion of the contractor, any instruction or direction issued by the COR is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause.
(g) Any unauthorized commitment or direction issued by the COR may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.
(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto is subject to 52.233-1 - Disputes.
(i) In addition to providing technical direction as defined in paragraph (b) of the section, the COR shall:
(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recommend to the contracting officer changes in requirements.
(2) Assist the contractor in the resolution of technical problems encountered during performance.
(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
(4) Assist the contractor in obtaining the badges for the contractor personnel.
(5) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail) when a contractor employee no longer requires access authorization and return of any NRC issued badge to SB/DFS within three days after their termination.
(6) Ensure that all contractor employees that require access to classified Restricted Data or National Security Information or matter, access to sensitive unclassified information (Safeguards, Official Use Only, and Proprietary information) access to sensitive IT systems or data, unescorted access to NRC controlled buildings/space, or unescorted access to protected and vital areas of nuclear power plants receive approval of SB/DFS prior to access in accordance with Management Directive and Handbook 12.3.
(7) For contracts for the design, development, maintenance or operation of Privacy Act Systems of Records, obtain from the contractor as part of closeout procedures, written certification that the contractor has returned to NRC, transferred to the successor contractor, or destroyed at the end of the contract in accordance with instructions provided by the NRC Systems Manager for Privacy Act Systems of Records, all records (electronic or paper) which were created, compiled, obtained or maintained under the contract.
H.2 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II
ACCESS APPROVAL (JUL 2016)
The contractor must identify all individuals selected to work under this contract. The NRC Contracting Officer’s Representative (COR) shall make the final determination of the level, if any, of IT access approval required for all individuals working under this contract/order using the following guidance. The Government shall have full and complete control and discretion over granting, denying, withholding, or terminating IT access approvals for contractor personnel performing work under this contract/order.
The contractor shall conduct a preliminary security interview or review for each employee requiring IT level I or II access and submit to the Government only the names of candidates that have a reasonable probability of obtaining the level of IT access approval for which the employee has been proposed. The contractor shall pre-screen its applicants for the following:
(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of any military courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven
(7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7) years.
The contractor shall make a written record of its pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (e)), and have the employee verify the pre-screening record or review, sign and date it. The contractor shall supply two (2) copies of the signed contractor's pre-screening record or review to the NRC Contracting Officer’s Representative (COR), who will then provide them to the NRC Office of Administration, Division of Facilities and Security, Personnel Security Branch with the employee’s completed IT access application package.
The contractor shall further ensure that its personnel complete all IT access approval security applications required by this clause within fourteen (14) calendar days of notification by the
NRC
Contracting Officer’s Representative (COR) of initiation of the application process. Timely receipt of properly completed records of the pre-screening record and IT access approval applications (submitted for candidates that have a reasonable probability of obtaining the level of security assurance necessary for access to NRC's IT systems/data) is a requirement of this contract/order. Failure of the contractor to comply with this requirement may be a basis to terminate the contract/order for cause, or to offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the contractor.
SECURITY REQUIREMENTS FOR IT LEVEL I
Performance under this contract/order will involve contractor personnel who perform services requiring direct access to or operation of agency sensitive information technology systems or data (IT Level I). The IT Level I involves responsibility for: (a) the planning, direction, and implementation of a computer security program; (b) major responsibility for the direction, planning, and design of a computer system, including hardware and software; (c) the capability to access a computer system during its operation or maintenance in such a way that could cause or that has a relatively high risk of causing grave damage; or (d) the capability to realize a significant personal gain from computer access.
Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officer’s Representative (COR). Temporary IT access may be approved by DFS/PSB based on a favorable review or adjudication of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably review or adjudication of a completed background investigation. However, temporary access authorization approval will be revoked and the employee may subsequently be denied IT access in the event the employee’s investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officer’s Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor shall assign another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When an individual receives final IT access approval from DFS/PSB, the individual will be subject to a reinvestigation every ten
(10) years thereafter (assuming continuous performance under contracts/orders at NRC) or more frequently in the event of noncontinuous performance under contracts/orders at NRC.
CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record, and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the individual being authorized to perform work under this contract/order requiring access to sensitive information technology systems or data. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level I access. The Contractor shall submit the documents to the NRC Contracting Officer’s Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB review of the contractor employee’s security forms and/or the receipt of adverse information by NRC, the contractor individual may be denied access to NRC facilities and sensitive information technology systems or data until a final determination is made by DFS/PSB. The contractor individual’s clearance status will thereafter be communicated to the contractor by the NRC Contracting Officer’s Representative (COR) regarding the contractor person’s eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level I contractors shall be subject to the attached NRC Form 187 and SF-86. Together, these furnish the basis for providing security requirements to contractors that have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems, remote development and/or analysis of sensitive information technology systems or data, or other access to such systems and data; access on a continuing basis (in excess more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.
SECURITY REQUIREMENTS FOR IT LEVEL II
Performance under this contract/order will involve contractor personnel that develop and/or analyze sensitive information technology systems or data or otherwise have access to such systems or data (IT Level II).
The IT Level II involves responsibility for the planning, design, operation, or maintenance of a computer system and all other computer or IT positions.
Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officer’s Representative (COR). Temporary access may be approved by DFS/PSB based on a favorable review of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably adjudication. However, temporary access authorization approval will be revoked and the contractor employee may subsequently be denied IT access in the event the employee's investigation cannot be favorably adjudicated.
Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officer’s Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor is responsible for assigning another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When a contractor employee receives final IT access approval from DFS/PSB, the individual will be subject to a review or reinvestigation every ten (10) years (assuming continuous performance under contract/order at NRC) or more frequently in the event of noncontinuous performance under contract/order at NRC.
CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the contractor employee being authorized to perform work under this contract/order. Non-U.S.
citizens must provide official documentation to the DFS/PSB, as proof of their legal residency.
This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level II access. The Contractor shall submit the documents to the NRC Contracting Officer’s Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB review of the contractor employee’s security forms and/or the receipt of adverse information by NRC, the contractor employee may be denied access to NRC facilities, sensitive information technology systems or data until a final determination is made by DFS/PSB regarding the contractor person’s eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to the attached NRC Form 187, SF-86, and contractor's record of the pre-screening. Together, these furnish the basis for providing security requirements to contractors that have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems, remote development and/or analysis of sensitive information technology systems or data, or other access to such systems or data; access on a continuing basis (in excess of more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.
CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST
When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notify the NRC Contracting Officer’s Representative (COR) by telephone so that the access review may be promptly discontinued. The notification shall contain the full name of the contractor employee and the date of the request. Telephone notifications must be promptly confirmed by the contractor in writing to the NRC Contracting Officer’s Representative (COR), who will forward the confirmation to DFS/PSB. Additionally, the contractor shall immediately notify the NRC Contracting Officer’s Representative (COR) in writing, who will in turn notify DFS/PSB, when a contractor employee no longer requires access to NRC sensitive automated information technology systems or data, including the voluntary or involuntary separation of employment of a contractor employee who has been approved for or is being processed for IT access.
The contractor shall flow the requirements of this clause down into all subcontracts and agreements with consultants for work that requires them to access NRC IT resources.
GOVERNMENT FURNISHED EQUIPMENT/PROPERTY (AUG 2023)
(a) The NRC will provide the contractor with the following items for use under this contract:
N/A.
(b) The equipment/property listed below is hereby transferred from the following contracts/agreement to this contract/agreement: N/A.
(c) Only the equipment/property listed above or in [Insert contract/agreement number here] in the quantities shown will be provided by the Government. The contractor shall be responsible and accountable for all Government property provided under this contract and shall comply with the provisions of the FAR Government Property Clause under this contract and FAR Subpart 45.5, as in effect on the date of this contract. The contractor shall investigate and provide written notification to the NRC Contracting Officer (CO) and the NRC Division of Facilities and Security, Physical Security Branch (PSB) of all cases of loss, damage, or destruction of Government property in its possession or control not later than 24 hours after discovery. The contractor must report stolen Government property to the local police and a copy of the police report must be provided to the CO and to the Division of Facilities and Security, Office of Administration.
(d) All other equipment/property required in performance of the contract shall be furnished by the Contractor.
ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS (AUG 2023)
Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multiyear contract does not have option years, then an annual evaluation will be prepared N/A.
Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.
The Contracting Officer will transmit the NRC Contracting Officer’s Representative’s (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty (30) calendar days to review the document and submit comments, rebutting statements, or additional information.
Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.
The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information”, to the contractor's Project Manager for their records as soon as practicable after it has been finalized. The completed evaluation report also will be used as a tool to improve communications between the NRC and the contractor and to improve contract performance.
The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of the report already.
COMPENSATION FOR ON-SITE CONTRACTOR PERSONNEL (AUG 2023)
NRC facilities may not be available due to (1) designated Federal holiday, any other day designated by Federal Statute, Executive Order, or by President's Proclamation; (2) early dismissal of NRC employees during working hours (e.g., special holidays, water emergency); or
(3) occurrence of emergency conditions during nonworking hours (e.g., inclement weather).
(a) When NRC facilities are unavailable, the contractor's compensation and deduction policy (date), incorporated herein by reference, shall be followed for contractor employees performing work on-site at the NRC facility. The contractor shall promptly submit any revisions to this policy to the Contracting Officer for review before they are incorporated into the contract.
(b) The contractor shall not charge the NRC for work performed by on-site contractor employees who were reassigned to perform other duties off site during the time the NRC facility was closed.
(c) On-site contractor staff shall be guided by the instructions given by a third party (e.g., Montgomery County personnel in situations which pose an immediate health or safety threat to employees (e.g., water emergency).
(d) The Contractor shall first consult the NRC Contracting Officer’s Representative (COR) before releasing on-site personnel in situations which do not impose an immediate safety or health threat to employees (e.g., special holidays). The NRC Contracting Officer’s Representative’s (COR) will promptly alert the Contracting Officer to their direction. The contractor shall continue to provide sufficient personnel to perform the requirements of essential tasks as defined in the Statement of Work which already are in operation or are scheduled.
SAFETY OF ON-SITE CONTRACTOR PERSONNEL (AUG 2023)
Ensuring the safety of occupants of Federal buildings is a responsibility shared by the professionals implementing our security and safety programs and the persons being protected.
The NRC's Office of Administration (ADM) Division of Facilities and Security (DFS) Security Management and Operations Branch (SMOB) has coordinated an Occupant Emergency Plan (OEP) for NRC Headquarters buildings with local authorities. The OEP has been approved by the Montgomery County Fire and Rescue Service. It is designed to improve building occupants' chances of survival, minimize damage to property, and promptly account for building occupants when necessary.
The Contractor shall ensure that all personnel working full time on-site at NRC Headquarters read the NRC's OEP, which will be provided post-award electronically. The contractor's Project
Manager also shall emphasize to each staff member that they are to be familiar with and guided by the OEP, as well as by instructions given by emergency response personnel in situations which pose an immediate health or safety threat to building occupants.
The NRC Contracting Officer’s Representative (COR) shall ensure that the contractor's Project Manager has communicated the requirement for on-site contractor staff to follow the guidance in the OEP. The NRC Contracting Officer’s Representative (COR) also will assist in accounting for on-site contract persons in the event of a major emergency (e.g., explosion occurs and casualties or injuries are suspected) during which a full evacuation will be required, including the assembly and accountability of occupants. The NRC DFS will conduct drills periodically to train occupants and assess these procedures.
SECURITY REQUIREMENTS FOR ACCESS TO CLASSIFIED MATTER OR INFORMATION (AUG
2023)
Performance under this contract will require access to classified matter or information (National Security Information or Restricted Data) in accordance with the attached NRC Form 187 (See List of Attachments). Prime Contractor personnel, subcontractors or others performing work under this contract shall require a "Q" security clearance (allows access to Top Secret, Secret, and Confidential National Security Information and Restricted Data) or an "L" security clearance (allows access to Secret and Confidential National Security Information and/or Confidential Restricted Data).
The Contractor must identify all individuals to work under this contract. The NRC sponsoring office shall make the final determination of the type of security clearance required for all individuals working under this contract.
The Contractor shall conduct a preliminary security interview or review for each of its employees, subcontractor employees and consultants, and submit to the Government only the names of candidates that have a reasonable probability of obtaining the level of security clearance for which the candidate has been proposed. The Contractor will pre-screen applicants for the following:
(a) pending criminal charges or proceedings; (b) felony arrest records including alcohol related arrest within the last five (5) years; (c) record of any military courts-martial charges and proceedings in the last seven (5) years and courts-martial convictions in the last ten (10) years;
(d)any involvement in hate crimes; (e) involvement in any group or organization that espouses extra-legal violence as a legitimate means to an end; (f) dual or multiple citizenship including the issuance of a foreign passport in the last seven (5) years; (g) illegal use possession, or distribution of narcotics or other controlled substances within the last seven (5) years; (h) financial issues regarding delinquent debts, liens, garnishments, bankruptcy and civil court actions in the last seven (5) years.
The Contractor will make a written record of their pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (h) in the paragraph above, and have the candidate verify the record, sign, and date it. Two (2) copies of the signed interview record or review will be supplied to DFS/PSB with the applicant's completed security application package.
The Contractor will further ensure that all Contractor employees, subcontractor employees and consultants for classified information access approval complete all security applications required by this clause within fourteen (14) calendar days of notification by DFS/PSB of initiation of the application process. Timely receipt of properly completed security applications (submitted for candidates that have a reasonable probability of obtaining the level of security clearance for which the candidate has been proposed) is a contract requirement. Failure of the Contractor to comply with this condition may be a basis to cancel the award, or terminate the contract for default, or offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the Contractor. In the event of termination or cancellation, the Government may select another firm for contract award.
Such Contractor personnel shall be subject to the NRC Contractor personnel security requirements of NRC Management Directive (MD) 12.3, Part I and 10 CFR Part 10.11, which is hereby incorporated by reference and made a part of this contract as though fully set forth herein, and will require a favorably adjudicated Single Scope Background Investigation (SSBI) for "Q" clearances or a favorably adjudicated Access National Agency Check and Inquiries (ANACI), or higher level investigation depending on the position the individual will occupy, for "L" clearances.
A Contractor employee shall not have access to classified information until he/ she is granted a security clearance by DFS/PSB, based on a favorably adjudicated investigation. In the event the Contractor employee's investigation cannot be favorably adjudicated, any interim access approval may be revoked and the individual could be subsequently removed from performing under the contract. If interim approval access is revoked or denied, the Contractor is responsible for assigning another individual to perform the necessary work under this contract without delay to the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. The individual will be subject to a reinvestigation every five years for "Q" clearances and every ten (10) years for "L" clearances.
CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to submission to the Office of Personnel Management for investigation. The individual may start working under this contract before a final clearance is granted if a temporary access determination can be made by DFS/PSB after the review of the security package. If the individual is granted a temporary access authorization, the individual may not have access to classified information under this contract until DFS/PSB has granted them the appropriate security clearance, and the individual has read, understood, and signed the SF 312, "Classified Information Nondisclosure Agreement." The Contractor shall assure that all forms above are accurate, complete, and legible (except for Part 2 of the questionnaire, which is required to be completed in private and submitted by the individual to the Contractor in a sealed envelope), as set forth in NRC MD
12.3. Based on DFS/PSB review of the applicant's investigation, the individual may be denied his/her security clearance in accordance with the due process procedures set forth in MD 12.3, E.O. 12968, and 10 CFR Part 10.11.
In accordance with NRCAR 2052.204-70 cleared Contractors shall be subject to the attached NRC Form 187 MD 12.3, SF- 86 and Contractor's signed record or review of the pre-screening which furnishes the basis for providing security requirements to prime Contractors, subcontractors or others who have or may have an NRC contractual relationship which requires access to classified information.
CANCELLATION OR TERMINATION OF SECURITY CLEARANCE ACCESS/REQUEST
When a request for clearance investigation is to be withdrawn or canceled, the Contractor shall immediately notify the COR by telephone so that the investigation may be promptly discontinued. The notification shall contain the full name of the individual, and the date of the request. Telephone notifications must be promptly confirmed in writing by the Contractor to the COR who will forward the confirmation via email to DFS/PSB. Additionally, DFS/PSB must be immediately notified in writing when an individual no longer requires access to Government classified information, including the voluntary or involuntary separation of employment of an individual who has been approved for or is being processed for access under the NRC "Personnel Security Program."
NRC INFORMATION TECHNOLOGY SECURITY TRAINING (AUG 2023)
NRC contractors shall ensure that their employees, consultants, and subcontractors with access to the agency's information technology (IT) equipment and/or IT services complete NRC's online initial and refresher IT security training requirements to ensure that their knowledge of IT threats, vulnerabilities, and associated countermeasures remains current. Both the initial and refresher IT security training courses generally last an hour or less and can be taken during the employee's regularly scheduled workday.
Contractor employees, consultants, and subcontractors shall complete the NRC's online annual, "Computer Security Awareness" course on the same day that they receive access to the agency's IT equipment and/or services, as their first action using the equipment/service. For those contractor employees, consultants, and subcontractors who are already working under this contract, the on-line training must be completed in accordance with agency Network Announcements issued throughout the year, within three weeks of issuance of this modification.
Additional annual required online NRC training includes but is not limited to the following:
1. Allegations Intake and Routing (Initial)
2. Be riskSMART (Initial)
3. Classified Information Awareness (Initial and Annually)
4. Controlled Unclassified Information (CUI) Awareness (Initial and every 2 years beginning in 2023)
5. Cybersecurity Awareness Training (Initial and Annually)
6. Defensive Counterintelligence and Insider Threat Awareness (Initial and Annually)
7. Internal Control: A Path Forward to Accountability (Initial)
8. NRC Records Management Training (Initial and Annually)
9. Personally Identifiable Information (PII) and Privacy Act Responsibilities Awareness (Initial and Annually)
10. Safeguards Information Training for Staff (Initial)
Contractor employees, consultants, and subcontractors who have been granted access to NRC information technology equipment and/or IT services must continue to take IT security refresher training offered online by the NRC throughout the term of the contract. Contractor employees will receive notice of NRC's online IT security refresher training requirements through agencywide notices.
Contractor Monthly Letter Status Reports (MLSR) must include the following information for all completed training:
(1) the name of the individual completing the course;
(2) the course title; and
(3) the course completion date.
The MLSR must also include the following information for those individuals who have not completed their required training:
(1) the name of the individual who has not yet completed the training;
(2) the title of the course(s) which must still be completed; and
(3) the anticipated course completion date(s).
The NRC reserves the right to deny or withdraw Contractor use or access to NRC IT equipment and/or services, and/or take other appropriate contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.
WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR
EMPLOYEES (AUG 2023)
(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to the Whistleblower Employee Protection public law provisions as codified at 42 U.S.C.
5851. NRC contractor(s) and subcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and the implementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24 entitled: “Your Rights Under the Energy Reorganization Act”.
(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor and subcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or other employment discrimination practices with respect to compensation, terms, conditions or privileges of their employment because the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage in unlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic Energy Act of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).
(c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performed under this contract.
USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC
PAYMENT/REMITTANCE ADDRESS
The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. lt is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.
KEY PERSONNEL. (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work hereunder:
On-Site Hardware Support Lead
*The contractor agrees that key personnel may not be removed from the contract work or replacedwithout compliance with paragraphs (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.
(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. 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.
2052.204-70 SECURITY. (OCT 1999)
(a) Security/Classification Requirements Form. The attached NRC Form 187 (See List of Attachments) furnishes the basis for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractual relationship that requires access to classified information or matter, access on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.
(b) It is the contractor's duty to safeguard National Security Information, Restricted Data, and Formerly Restricted Data. The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding National Security Information, Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract upon completion or termination of this contract.
(1) The contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained if the retention is:
(i) Required after the completion or termination of the contract; and
(ii) Approved by the contracting officer.
(2) The certification must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.
(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. The contractor agrees to hold the information in confidence and not to directly or indirectly duplicate, disseminate, or disclose the information, in whole or in part, to any other person or organization except as necessary to perform the work under this contract. The contractor agrees to return the information to the Commission or otherwise dispose of it at the direction of the contracting officer. Failure to comply with this clause is grounds for termination of this contract.
(d) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Facilities and Security and the Contracting Officer. These changes will be under the authority of the FAR Changes clause referenced in Section I of this document.
(e) Definition of National Security Information. As used in this clause, the term National Security Information means information that has been determined pursuant to Executive Order…
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