Charter Justification for Other Than Full and Open Competition CNWRA Renewal_Approved 3-27-2023_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Date: 03/24/2023

MEMORANDUM TO: Jennifer Dudek, Contracting Officer, ADM/AMD/OBB

FROM: Jin-Ping Gwo, Contracting Officer Representative, NMSS

SUBJECT: LIMITED SOURCES JUSTIFICATION (LSJ)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

REFERENCE: “Source Selection Information – see FAR 2.101 and 3.104”

1. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives.

The U.S. Nuclear Regulatory Commission (NRC) proposes to enter into a noncompetitive indefinite-delivery indefinite-quantity contract with Southwest Research Institute (SwRI) to allow its Center for Nuclear Waste Regulatory Analyses (CNWRA) to provide services for the NRC and other Federal agencies in accordance with Federal Acquisition Regulation (FAR) 35.017. This Justification includes a description of the currently approved Charter efforts in support of the NRC's high-level waste management program and other services consistent with the CNWRA's mission, responsibilities, and special competencies, necessary to maintain the breadth and depth of skills of the CNWRA as an agency asset.

b. Project background.

The NRC originally contracted with SwRI on October 15, 1987, to sponsor and establish the CNWRA, which operates as the NRC's federally funded research and development center (FFRDC) free of organizational conflict of interest (OCOI) with any party to NRC licensing matters. NRC’s Charter contract with SwRI for operation of the CNWRA precludes the CNWRA and the parent corporation, SwRI, from entering into any consulting or other contractual arrangement with any firm or organization which may give rise to an OCOI with respect to the work being performed for NRC under this contract.

In 2022, the Commission approved the continued sponsorship of the CNWRA and to renew the current CNWRA Charter contract for a 5-year period that includes one 1-year base period and four 1-year options. The contract includes Work for Others

(WFO) procedures because of fluctuations of high level waste management requirements and the need to maintain the essential engineering capabilities of the CNWRA as an agency asset. In accordance with FAR 17.503(e), non-sponsoring Federal agencies may place work at the CNWRA subject to acceptance by the sponsoring agency (NRC). The work must fall within the purpose, mission, general scope of effort, and one of the special competencies of the CNWRA as required by FAR 35.017-3 (a).

c. Name and address of the proposed contractor(s).

Southwest Research Institute/ Center for Nuclear Waste Regulatory Analyses (SwRI/CNWRA) 6220 Culebra Road San Antonio, Texas 78238-5166

2. Description of the supplies or services required to meet the agency’s needs.

a. Project title.

Operation of the Center for Nuclear Waste Analyses as the NRC’s Federally Funded Research and Development Center.

b. Project description.

CNWRA provides the necessary personnel, materials, equipment, facilities, and other services to conduct technical assistance and regulatory analysis support for NRC in support of its regulatory program as related to the nuclear fuel cycle activities including but not limited to reprocessing, extended storage, storage/transportation, regulatory process improvements, future geologic disposal regulatory programs, and advanced fuel programs and activities under the Nuclear Waste Policy Act (NWPA) and the evolving National policy for a high-level radioactive waste disposal system.

These activities may include, but are not limited to support associated with recommendations related to: 1) a new approach to siting and development of national disposal system(s); 2) a new single-purpose organization focused on nuclear waste in the United States (transportation, storage, disposal),

3) development of permanent deep geological disposal site(s) for spent fuel and high-level nuclear waste; 4) development of one or more consolidated interim storage facilities (CISFs) as part of managing the back end of the nuclear fuel cycle;

5) creation of stable, long-term support for research, development, and demonstration (RD&D) including advanced reactor and fuel cycle technologies; and

6) provision of international leadership to address global non-proliferation concerns and improve the safety and security of nuclear facilities and materials world-wide.

c. Acquisition Information.

Requirement type.

Research & development (R&D) R&D support services

Support services (non-R&D) Supplies/equipment Information Technology (IT) or Electronic and Information Technology

(EIT)

Construction Architect-engineer (A-E) services

Design-build Other (specify): ____________________

Type of action.

New requirement Follow-on Other (specify): ______________________

Proposed contract/order type.

Firm-fixed-price

Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee

Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Labor Hours Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________

Statement of Work Type Completion Level of Effort Performance Based

Requisition number.

ZEROREQ-NMSS-23-0015

Total estimated dollar value and performance/delivery period.

The estimated total cost is $10,620,000. The effective period of performance is five years (inclusive of four one-year options).

3. Identification of the justification rationale.

This acquisition is conducted under Federal Acquisition Regulation (FAR) 8.405-6.

Urgent and compelling need exists Only one source is capable of providing the supplies or services

(i.e., peculiar item, brand name item) Logical follow-on

This acquisition is conducted under FAR 13.106-1(b).

This acquisition is conducted under FAR 6.302-3.

6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements 6.302-2 Unusual and compelling urgency

6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services

Specifically, the authorization at FAR 6.302-3(a)(2)(ii), “to establish or maintain an essential engineering, research, or development capability to be provided by…a FFRDC.”

6.302-4 International agreement 6.302-5 Authorized or required by statute 6.302-6 National security 6.302-7 Public interest

This acquisition is conducted using Simplified Procedures for Certain Commercial Items pursuant to FAR 13.500.

This acquisition is conducted using Simplified Procedures for

Certain Commercial Items pursuant to FAR 13.500(c).

4. Description of the proposed contractor(s) unique qualifications to provide the required supply or service.

A broad spectrum of technical expertise is required to fully support NRC’s high-level waste management program. To achieve the necessary level of support, special competencies were established, including a number of scientific, engineering, and test and evaluation capabilities. These areas of special competency are essential to the

NRC’s needs in the context of FAR 6.302-3(b)(2). The areas of special competency listed below reflect expertise gained from all charter efforts since the CNWRA was established:

· Administration

· Civil, Structural and Mechanical Engineering

· Environmental Science and Environmental Engineering

· Geochemistry

· Geology and Geophysics

· Hydrology and Hydrologic Transport

· Material Sciences

· Health Physics

· Performance Assessment

The work performed by CNWRA relates to one or more of the above special competencies and must fit within the task areas below:

A. Systems Engineering and Integration, Including Technical Support for

Regulatory Analysis

Work under this area may include, but is not limited to: (1) systems engineering and integration applied to high-level waste disposal, other fuel cycle programs such as reprocessing and advanced fuel development programs, and interim storage systems and subsystems performance, from NRC's regulatory perspective; (2) integration of multi-disciplinary technical reviews, analytical and strategic planning studies, technical support for regulatory analyses, including development and application of regulatory analysis methodologies and confirmatory analyses; (3) development and revision of regulations and standard review plans; (4) integration and assurance of consistency in all Center activities; and suggestions and recommendations relative to the integration of activities involving multiple disciplines and organizational units; (5) review and preparation of environmental documentation;

(6) development and application of regulatory tools, such as, models, codes and performance confirmation methodologies; (7) performing analyses of policy, environmental, socio-economic, institutional, and legal matters applied to issues for NWPA waste management activities and (8) supporting regulatory functions such as rulemaking and guidance development, licensing, decommissioning and certification, oversight, operational experience, and regulatory decision-making as applied to the use of artificial intelligence or machine learning in NRC-regulated activities from new or existing licensees and applicants; or other issues not directly related to HLW management.

B. Near-Term and Long-Term Performance of Geologic Setting

Work under this area may include, but is not limited to: (1) site characterization review and evaluation of technical issues associated with geologic stability and near-term and long-term isolation provided or assisted by the geologic setting of a repository; (2) evaluation of natural hazards; (3) siting of interim storage facilities; (4) review and evaluation of selected plans and reports, and technical feasibility assessments involving high-level waste and other fuel cycle activities; (5) application of specialized capabilities related to radiological chemical contaminants in groundwater systems, investigation of geochemical parameters and processes, environmental sciences, remote sensing, and geographic information systems, and thermodynamic properties of natural and synthesized minerals, and evaluation of inadvertent human intrusion; and (6) development and application of licensing and confirmation tools, such as, models, codes, and performance confirmation methodologies.

Tasks involve technical disciplines in earth sciences, such as surface water hydrology, saturated and unsaturated groundwater hydrology, geomorphology, seismology, geophysics, stratigraphy, structural geology, geochemistry, solute transport, natural resource analysis, meteorology/climatology, tectonics, volcanology and utilizing 3-D computer models to both visualize and calculate the behavior of underground structures in fractured rock, faulted regions under variable stress conditions, saturated and unsaturated flow systems, and the distribution and variability of geochemical parameters and processes and remote sensing and geographic information systems. Tasks in the regulatory analysis support areas may involve aspects of site stability, evaluation of the effects of changing geochemical conditions on waste containment systems for hazardous materials or hazardous material waste forms, analysis of groundwater flow, and evaluation of the potential for the movement or release of hazardous chemical or radioactive constituents through the geosphere.

C. Near-Term and Long-Term Performance of Engineered Barrier System

Work under this area may include, but is not limited to: (1) review and evaluation of technical, radiological health and safety issues and design considerations associated with near-term and long-term isolation and containment of waste materials within the engineered barrier system of a geologic repository and other fuel cycle facilities; (2) designs and operation of interim storage facilities; (3) review and evaluation of selected plans and reports; (4) review and evaluation of the effects of adverse thermal and environmental conditions on engineered barriers and waste forms; (5) technical feasibility assessments involving high-level waste activities; and (6) development and application of licensing tools, such as, models, codes, and performance confirmation methodologies. Tasks involve technical disciplines in areas such as chemical engineering, civil engineering, geotechnical engineering, mining engineering, nuclear engineering, electrochemistry, waste form behavior, material life prediction, reliability, materials science, glass sciences, corrosion engineering, manufacturing technology for metals, ceramic processing, geochemistry, rock mechanics, and probabilistic risk assessment, and criticality.

D. Waste Processing or Solidification Systems technical issues associated with waste processing or solidification systems for waste forms that will be disposed in the proposed repository; (2) review and evaluation of technical issues related to worker and public health and safety and environmental protection associated with such processing or solidification systems; and (3) determinations with respect to whether certain wastes are high-level or non-high-level wastes.

Tasks involve technical disciplines in areas such as chemical engineering, waste form characterization and performance, nuclear materials processing, environmental science, glass science, off-gas treatment, corrosion engineering, nuclear engineering, structural and geotechnical engineering, and risk and hazards assessments.

E. Interim Storage, Extended Storage, and Repository Design, Construction and Operation technical issues, design considerations, and human reliability issues associated with the licensing, construction, and operational performance, including radiological protection aspects, of interim storage facilities, and a high-level waste geologic repository; (2) review and evaluation of selected plans and reports, and technical feasibility assessments involving high-level waste activities; (3) laboratory and field research related to the stability of underground openings; and (4) development and application of licensing tools, such as, models, codes, and performance confirmation methodologies.

Tasks involve technical disciplines in geotechnical engineering, mining engineering, health physics, structural analysis, seismic design, surface-water hydrology, nuclear engineering, human reliability assessment, risk assessment, and operational safety assessment.

F. Regulatory Analysis Support

Consistent with availability of funding and associated priorities, regulatory analysis support tasks may be assigned in areas that include, but are not limited to the following: (1) emerging areas where analysis, development of calculation methodologies, or other exploratory work is needed to evaluate areas of high sensitivity to safety or risk; (2) evaluation of the results of regulatory analysis support conducted by NRC, DOE, their contractors, and others; and (3) new topics that may result from interactions with review or oversight groups and or appropriate advisory committees such as, the Nuclear Waste Technical Review Board, the Advisory Committee on Reactor Safeguards, and the National Research Council of the National Academies. Work in this area will consider the ongoing investigation of potential repository and consolidated interim storage site(s) by DOE, a State, and other parties, the regulatory program of the NRC, and rule-making and related activities of the Environmental Protection Agency. Regulatory Analysis Support shall be conducted, as necessary, in each of the broad areas of geologic setting;

engineered barrier systems; interim storage and transportation; repository design, construction and operations; performance assessment; performance confirmation;

environmental assessment; and related disciplines.

G. Public Outreach Support

Work under this area may include, but is not limited to providing qualified facilitator services to coordinate and facilitate public meetings and workshops to collect input and feedback from external stakeholders and members of the public; assisting NRC staff in planning, coordinating, and documenting these public meetings and workshops with external stakeholders and members of the public; and support to other public outreach efforts including community decision-making tools or frameworks; and public education on NRC proposed actions, e.g., spent nuclear fuel transportation readiness review and expanded transportation studies, and implementation of the licensing processes for new or advanced reactors as guidance is updated and 10 CFR 53 is being developed.

Tasks may include assisting NRC staff in identifying presentation topics, reviewing draft and final NRC presentations, developing meeting and workshop agendas, preparing handouts, documenting the results of public meetings and workshops, participating in presentation dry runs to ensure that public meetings and workshops are conducted effectively, identifying meeting and workshop participants across the broad range of interests affected by the issues (e.g., rulemaking), identifying issues that are important to the participants for purposes of meeting and workshop agenda building; and ensuring that all meeting and workshop participants receive all materials before the meeting and workshop, including background material, agenda and participant lists.

H. CNWRA Management and Infrastructure-Related Activities

a. Cost Elements Included in General Operations as Direct Costs

Work under this area may include, but is not limited to, the development and implementation of necessary administrative, financial, management, and quality assurance procedures and practices needed to successfully operate a FFRDC.

Activities will encompass (1) providing management, financial oversight and reporting, and technical support associated with the FFRDC that is not project or task-order specific, including special annual or other reporting requirements; (2) providing Information Management Systems (IMS) support for hardware and software infrastructure required to meet the information security requirements described in Item (5) of this clause or to conduct NRC-funded projects and task orders; (3) developing and sustaining technical analytical, and regulatory capabilities, through training or other means, specified by NRC or required to fulfill particular requirements of NRC-funded projects or task orders; (4) maintaining and implementing a quality assurance program that meets the specific requirements of Clause E.3 of this contract, excluding task- and project-specific requirements, which are budgeted as direct costs to those tasks and projects; (5) complying with the Federal Information Security Modernization Act (2014), specifically, Center management and staff shall comply with the National Institute of Science and Technology (NIST) Special Publication (SP) 800-18, Guide for Developing Security Plans for Information Technology Systems, as Revision 1, NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations, as Revision 2, and NRC Management Directive 12.5, NRC Cybersecurity Program; and (6) handling Controlled Unclassified Information (CUI) received from the NRC in accordance with EO 13556, 32 CFR Part 2002, and the CUI Registry.

b. Cost Elements Included as Indirect Costs

Work under this area may include, but is not limited to, the development and implementation of administrative, financial, management, and quality assurance procedures and practices that are generally applicable to operation of any business entity. Activities will encompass (1) providing general management oversight and financial services support, including interfaces within SwRI; (2) providing IMS support for general purpose hardware and software infrastructure that is not specified by NRC or required to meet particular requirements of NRC-funded projects and task orders; (3) implementing a human resources and employee development program, including associated general-purpose training, development, and continuing education; (4) maintaining and implementing an overall quality assurance program within which the NRC program specified in Clause E.3 of this contract is developed and implemented; and (5) providing physical and information security consistent with commercial contracting practices of the non-Federal organizations.

I. Performance Assessment the technical issues associated with the performance assessment (PA) and probabilistic risk assessment of the potential repository system, consolidated interim storage and other fuel cycle facilities; (2) review and evaluation of selected plans and reports; (3) technical assessments including sensitivity and uncertainty analyses for understanding and identifying the importance of processes and parameters associated with facility performance; (4) assistance in public outreach and communication activities; and (5) development and application of regulatory tools, such as models, codes, probabilistic risk assessment and performance confirmation methodologies.

Tasks include technical support for the resolution of risk and performance assessment licensing issues; development of conceptual and mathematical models;

development, maintenance, and configuration management of a library of computer codes; pathway dose assessment; and radiological health and safety assessment.

J. Environmental Review Activities

Work under this area may include, but is not limited to: (1) review (and development, if requested) of draft, final and supplementary Environmental Impact Statements (EISs) and Environment Assessments (EAs) for a proposed NRC-licensed HLW Repository, interim storage facilities, reprocessing rulemaking support, HLW transportation and other activities under NWPA that may require such statements or assessments, new or advanced reactor licensing; (2) update of environmental review guidance; (3) assisting NRC staff with environmental justice efforts regarding EISs and EAs, and (4) preparation of comments documenting those reviews. Tasks would involve technical disciplines in areas such as environmental science and engineering; geosciences; cultural, natural, and economic resources; land use; dose and risk assessment; transportation; environmental justice and socioeconomics.

K. External Quality Assurance

Work under this area may include, but is not limited to: (1) performing observation(s) and audit(s) of DOE or other licensees under the NWPA; (2) conducting quality assurance on-site visits and verifications; (3) providing expert advice to NRC staff on updates of the QA Review Plan and technical positions on quality assurance; and (4) reviewing DOE or other licensee management control documents and revisions to previously approved quality assurance plans for program participants/contractors.

L. Inspection Program Related to Potential Sites for HLW Disposal and Other NWPA-Related Programs

Work under this area may include, but is not limited to: (1) developing NRC Inspection Procedures; (2) supporting inspections of DOE other NWPA-related programs and facilities; and (3) reviewing and evaluating technical issues associated with safe construction and operation of those facilities. Work involving contractor support and participation on an inspection such as preparing for the inspection, performing the inspection, and preparing the input for the inspection report shall be in accordance with applicable NRC Manual Chapters and Inspection Procedures.

M. NWPA-Related Reviews of Non-HLW Determinations

Activities under this area may include, but are not limited to: (1) review DOE’s technical analysis and associated documentation related to their non-HLW determinations; (2) provide input to NRC staff for requests for additional information;

(3) provide support in the development of Technical Evaluation Reports; (4) provide support to NRC in its monitoring role, including reviewing monitoring reports, assisting in the development of NRC monitoring plans, participating in on-site audits at DOE facilities, providing input to compliance reports; (5) supporting investigation of generic topics and development of guidance on implementing the NRC responsibilities under the Ronald W. Reagan National Defense Authorization Act of Fiscal Year 2005 (NDAA) Section 3116; (6) provide enhancements to the modeling capability with the GoldSim (a registered trademark of GoldSim Technology Group, LLC) performance assessment software and related work; and (7) assist in the analysis of cross-cutting technical issues and development of multi-agency material.

N. Independent Spent Fuel Storage Installation Reviews

Activities under this area may include, but are not limited to: (1) review of new and renewal applications for Independent Spent Fuel Storage Installation (ISFSI) licenses or certificates of compliance for dry storage systems, accepting either light water reactor spent fuel or spent advanced fuel, (2) development of a Safety Evaluation Report based on the regulatory requirements from 10 CFR Part 72 and associated staff guidance, (3) during the review the Center staff may propose and, if approved by the NRC TO COR, conduct selected independent analyses to confirm the applicant conclusions. If needed, Center staff will use codes such as ABAQUS, SAP2000, and LS-DYNA for mechanical, structural or thermal calculations. For radiation shielding, criticality, or atmospheric release calculations, Center will utilize common industry-accepted codes, such as MCNP5 and SCALE, and will use applicable design codes and standards, such as the American Concrete Institute (ACI), American Institute of Steel Construction (AISC), and American Society of Mechanical Engineers (ASME).

O. Fresh and Spent Fuel Transportation Package Reviews

Activities under this area may include, but are not limited to: (1) review of the applications for new and amended fresh and spent fuel transportation package designs containing light water reactor fuel or advanced reactor fuel, (2) development of a Request for Additional information and Safety Evaluation Report, based on the regulatory requirements from 10 CFR Part 71 and associated staff guidance, (3) during the review the Center staff may propose and, if approved by the NRC TO COR, conduct selected independent analyses to confirm the applicant conclusions. If needed, Center staff will use codes such as ANSYS, ABAQUS, SAP2000, and LS- DYNA for mechanical, structural or thermal calculations. For radiation shielding, criticality, or atmospheric release calculations, Center will utilize common industry-accepted codes, such as MCNP5 and SCALE, and will use applicable design codes and standards, such as the American Concrete Institute (ACI), American Institute of Steel Construction (AISC), and American Society of Mechanical Engineers (ASME).

P. Spent Nuclear Fuel Key Regulatory and Technical Issues

Activities under this area may include, but are not limited to: (1) research and identification of key technical and regulatory issues related to storage, transportation, and geologic disposal of light water reactor spent fuel and spent advanced fuel in alternate media and developing strategies and detailed plans for resolving them; (2) consider information obtained from other countries; (3) conduct a literature review and produce a synthesis report for some issues, other issues may require conducting specific and well-defined tests, experiments, or modeling ; and (4) organize and conduct workshops in order to disseminate and discuss information obtained in the areas of coupled processes, corrosion, waste forms, sorption, and buffers/backfills;

(5) produce topical reports, select technical areas such as salt rock disposal deep borehole disposal, regulatory perspectives on climate change adaptation, crustal stress states, geophysical site characterization methods, and biosphere modeling approaches; and (6) participate in selected international cooperative research programs.

Q. International Programs

Activities under this area may include, but are not limited to: (1) revising the international country and program surveys to document additional activities (e.g., long term storage and reprocessing) and (2) assisting NRC in the development of a knowledge flow database and its quantitative metrics that support the decision making of NRC international engagement activities.

R. Licensing of Reprocessing Facilities

Activities under this area may include, but are not limited to: (1) updating the NRC NMSS gap analysis, which identified 23 issues, and the regulatory bases subsequently developed for licensing reprocessing and associated facilities (e.g., vitrification, fuel fabrication, onsite storage), to include any issues that may relate to novel and advanced reactors and advanced fuel technologies; (2) supporting NRC in soliciting stakeholder feedback through public outreach activities to determine additional gaps to be included in the list of topics for updating the regulatory bases;

(3) supporting NRC in the ongoing regulatory bases development activities applicable to reprocessing facilities with demonstrably mature and deployable technology by conducting independent peer reviews of draft regulatory bases prepared by the NRC staff and by identifying any technical information gaps and proposing means for resolution of those information gaps to support the regulatory bases update; (4) develop a standard review plan for reprocessing facility applications, (5) update Regulatory Guides associated with the standard review plan, and (6) organizing public workshop(s) and providing meeting planning support and facilitator services, as requested.

S. Quantitative Hazards Methods Development for Reprocessing

Activities under this area may include, but are not limited to: (1) developing a high-level reference design for advanced reprocessing facilities using aqueous and electrochemical separation technologies and to estimate the radiological and chemical inventories that could be released to work areas and the environment as a result of significant accidents; (2) refining the existing process flow diagram and develop generic flow sheets for a Plutonium-Uranium Extraction (PUREX)/CO- Extraction (COEX) aqueous and electrochemical processes incorporating material balance for nominal annual throughput of 1,000 MTIHM of spent nuclear fuel for aqueous and 400 MTIHM for electrochemical; (3) developing a reference design for an advanced aqueous and electrochemical reprocessing facility and identify equipment, systems, and vessels including rough dimensions to support subsequent hazards analysis and dose calculations; (4) identifying and assessing consequences of the most severe accidents (accident categories) that could potentially result in public dose consequences much greater than the high consequence dose threshold defined in 10 C.F.R. § 70.61; (5) independently exercising the hybrid Integrated Safety Analysis (ISA)/Probabilistic Risk Assessment (PRA) methodologies for three selected representative processes from the reference facility designs which involve accidents that could potentially result in unmitigated consequences that are much greater than the high consequence threshold; and (6) developing hardware and human reliability databases associated with aqueous and electrochemical reprocessing facilities. NRC and Center will collaboratively select representative processes for hybrid ISNPRA and PRA evaluations. Center will develop hardware and human reliability databases that may be applicable to advanced fuel cycle facilities including aqueous and electrochemical ISNPRA and PRA. Staff will use the safety evaluation report for MOX fuel fabrication facility (MFFF - NUREG-1821), ISA-related documents, hazard assessment and consequence analysis and information and data collected on hardware and human reliability and hazards and initiating events from the literature and site visits.

T. Regulatory Process Improvement Review to Identify Efficiency and Effectiveness Enhancements to the Storage of Spent Fuel

Activities under this area may include, but are not limited to: (1) assist in benchmarking the inspection and enforcement program for 10 CFR Parts 50, 52, 71, 72, and 73 to identify any inconsistencies, missing information, or other issues in the 10 CFR Parts 71 and 72 inspection and enforcement documents; (2) support NRC in evaluating the current implementation of inspection and enforcement program for 10 CFR Parts 71 and 72 to identify any deviations or enhancements from the inspection and enforcement documents; (3) identify and document inspection and enforcement process improvements for spent fuel storage and transportation, prioritized using a risk-informed, performance-based approach, to be more effective and efficient; (4) develop performance metrics for efficiency and effectiveness improvements in the inspection and enforcement program; (5) support performing this review in a transparent, participatory, and collaborative manner with stakeholders, which may include facilitation of an internal NRC working group, holding public meetings and workshops with external stakeholders, and using other methods to enhance stakeholder participation; (6) prepare a report (considering input from stakeholders) on how the current 10 CFR Parts 71 and 72 inspection and enforcement processes can be improved to meet objectives described previously; (7) support NRC in the implementation of the report recommendations, working in close coordination with NRC staff; and (8) participate in independent spent fuel storage installations overview training development and deployment.

U. Analytical Support for Regulation of Extended Spent Fuel Storage

Activities under this area may include, but are not limited to: (1) support NRC related to the evaluation of technical issues associated with extended spent fuel storage such as: the development and evaluation of cask demonstration programs; and the evaluation of cask drying adequacy; (2) development and evaluation will be conducted in a transparent, participatory, and collaborative manner with internal and external stakeholders as directed by the NRC; (3) the sequential development and evaluation of a series of progressively less complicated prototype cask demonstration programs to determine what information can be garnered from each program (the most complicated demonstration program will include all possible fuels, cask designs, cask uses, and demonstration sites to obtain the maximum amount of data, (e.g., how fuels could include low and high burnup commercial U02 fuel, mixed oxide fuel, damaged fuel, and others, and the demonstration sites could include reactor sites, decommissioned reactor sites, away from reactor sites, and monitored retrievable storage sites); (4) monitoring during storage could include temperature, gas release, drying, degradation of concrete or the cask exterior surface, or radiation; (5) examine the integrity of cladding and other cask structures, systems and components, at the end of the prototype demonstration program; and (6) evaluation of the pros and cons of each prototype cask demonstration program developed in this work in relation to factors such as timing, costs, availability of fuel and casks, and regulatory requirements.

V. Assessment of Consequence Data and Tools for Extended Dry Storage

Activities under this area may include, but are not limited to: (1) support NRC activities to develop a risk-informed regulatory framework for long-term dry cask storage of spent nuclear fuel, including a literature survey to develop technical bases for factors affecting the release fractions in a storage cask; (2) identification of factors that may influence release fractions; (3) survey of existing knowledge regarding these factors; (4) recommendation of parameter values and appropriate ranges, if available; (5) as required and approved by NRC, research to address uncertainties;

(6) searching for relevant information in the open literature, NRC guidance documents, previous NRC studies, and NRC contractor’s reports, documents prepared by the U.S. Department of Energy and its national laboratories; and other documentation for extended Spent Nuclear Fuel storage programs in the United States and abroad; and (7) documenting results of this literature survey in a letter report.

W. Analyses of Material Degradation Mechanisms for Spent Nuclear Fuel Storage and Transportation Casks

Activities under this area may include, but are not limited to: (1) support to NRC in determining the minimum chloride concentration for the onset of stress corrosion cracking (SCC) in austenitic stainless steel alloys used for dry cask storage systems at a particular temperature; (2) determine which non-coastal dusts or atmospheric deposits may contribute to SCC of dry cask alloys; (3) evaluate the effects of canister temperatures between 50 and 80 degrees C (122 to 176 degrees F) under realistic atmospheric conditions on SCC of dry cask storage materials; (4) other material degradation mechanisms caused by, but are not limited to, general and localized corrosion and hydrogen induced embrittling of storage canister or fuel assembly components; (5) results of this effort will be used to support the development of regulatory guidance, including the technical basis for inspection requirements, aging management, and evaluation of proposed industry actions to mitigate impacts of material degradation on storage and transportation safety; (6) efforts include preparation of test specimens, atmospheric exposure testing, examination of test specimens, additional low salt concentration and corrosion testing, literature review, deliquescence testing of dusts and atmospheric deposits, SCC testing with dusts and atmospheric deposits, and other corrosion and material degradation testing; and (7) documentation in a technical letter report.

X. Random Vibration Theory for Seismic Site Response Analyses

Activities under this area may include, but are not limited to: (1) organize and conduct a workshop that provides guidance to NRC staff on the appropriate use of Random Vibration Theory (RVT) within site response/amplification analyses; (2) assess the strengths and weaknesses of different implementations of the RVT method including potential limitations of the method by a group of RVT and site response analysis experts; and (3) present results to NRC staff at the headquarters.

5. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

The contracting officer determined that a notice of intent is not required to be posted in FedBizOpps in accordance with the exception set forth at FAR 5.202(a)10 because the proposed contract action satisfies the conditions described in FAR 6.302-3. Specifically, the exemption falls under FAR 6.302-3(a)(2), “Full and open competition need not be provided for when it is necessary to award the contract to a particular source or sources in order- (ii) To establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center.” Nevertheless, the contracting officer issued a sources sought notice (SSN) to research availability of contractors that have the capabilities to support the functions of the CNWRA and possess a similar broad spectrum of special competencies. Reponses to the SSN indicated that the contractor, SwRI is in the unique position to continue to support the NRC’s FFRDC.

6. Description of the efforts made by the Contracting Officer (CO) to determine that the cost/price of the contract/order is fair and reasonable consistent with FAR 8.404(d) or 15.406-2.

A cost analysis has been completed to determine that the cost/price is fair and reasonable and is documented in the Summary of Negotiations. The contract specialist used historical data from the previous contracts with SwRI and compared costs of individual labor categories as well as work samples with those from commercial contractors and DOE national laboratories. The Contracting Officer also reviewed current audit information from Defense Contract Audit Agency and Defense Contract Management Agency in order to determine reasonableness of the proposed indirect costs.

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

The contracting officer issued a Sources Sought Notice (SSN) in FedBizOpps to gather information regarding the availability of contractors that have the capabilities to support the functions of the CNWRA and possess a similar broad spectrum of special competencies. Reponses to the SSN indicated that the contractor, SwRI is in the unique position to continue to support the NRC’s FFRDC. Furthermore, the staff conducted a comprehensive review of the use and need of the FFRDC in accordance with the five criteria of subsection (c) of FAR 35.017-4. The NRC staff has determined that the rationale for establishing the FFRDC to support the NRC’s role and responsibilities under the NWPA has not changed (i.e., (1) the need for NRC contractors to be free from OCOI with any party to the NRC licensing matters, and (2) the need to maintain long-term continuity in technical support for the NRC's high-level waste program.).

8. Other factors supporting the justification, if any.

The NRC deemed certain capabilities essential and spent considerable time, effort, and appropriated funds to develop these capabilities at the CNWRA. If the CNWRA cannot maintain these essential capabilities, the NRC will lose an investment of approximately 30 years and over $250 million dollars. The CNWRA has developed into an organization which has continued to be free of organizational conflicts of interest and provides high-quality technical support to the NRC. The loss of this support would threaten the credibility and continuity of the NRC’s technical program. It would also jeopardize NRC’s ability to be flexible in reacting to the Nation's evolving policy on nuclear waste.

To retain its high-caliber experts, the CNWRA must maintain a stable, technically challenging work environment. Consequently, the agency staff has concluded that if the NRC does not maintain continuous staffing at the CNWRA, it would take years to reestablish the required technical expertise with staff functioning at the level required to provide adequate support to the NRC.

9. List sources, if any, that have expressed an interest in the acquisition.

Responses to the SSN indicated that SwRI is the only contractor in the market that maintains a broad spectrum of technical competencies with proven records of performance and uniquely qualifies for providing technical assistance and research support to NRC’s HLW management program. No other capable source has expressed an interest in this acquisition. In accordance with FAR 6.302- 3(a)(2), “Full and open competition need not be provided for when it is necessary to award the contract to a particular source or sources in order to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center.”

10. If applicable, describe the actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

a. Approximately every five years, the Commission reviews the status of and need for continued sponsorship of the FFRDC. The NRC staff undertakes a lengthy review and evaluation process to determine (1) the continuing needs of the agency for an FFRDC that produces high quality products to support the agency’s mission and is free of organizational conflict of interest, (2) performance of contractor staff and its management, (3) alternative sources to support the functions of the NRC’s FFRDC, and (4) cost effectiveness of the contractor. Results of the review and evaluation will be used as a basis to provide recommendations to the Commission to determine if an FFRDC is still required and if an open competition is warranted.

b. AMD will closely scrutinize future requests for renewal of the Center for Nuclear Waste Regulatory Analyses and will ensure that any restrictions to competition are adequately supported and documented.

11. Certifications

By signing below, the COR certifies that the justification is accurate and complete to the best of his or her knowledge and belief.

Contracting Officer Representative

Jin-Ping Gwo, Systems Performance Analyst Date

This is to certify that the justification for the proposed acquisition has been reviewed and that, to the best of my knowledge and belief, the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Contracting Officer

Jennifer Dudek, Contracting Officer Date

CONCUR:

Competition Advocate

Nicole Stevenson, Competition Advocate Date