NRC-HQ-13-R-03-0023_(REQUEST_FOR_PROPOSAL).docx

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Technical Assistance to Support Compliance Verification with Order EA-12-049 and Order EA-12-051
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NRC-HQ-12-R-03-0023
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NRC-HQ-13-R-03-0023 Section M

1. THIS CONTRACT IS A RATED ORDER

RATING

PAGE OF

PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

4. TYPE OF SOLICITATION

5. DATE ISSUED

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

(If other than Item 7) NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried , in the depository located in until local time _______________________ (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

A. NAME

B.

TELEPHONE (

NO COLLECT CALLS)

C. E-MAIL ADDRESS

AREA CODE

NUMBER

EXT.

(X)

SEC.

DESCRIPTION

PAGE(S)

(X)

SEC.

DESCRIPTION

PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A

SOLICITATION/CONTRACT FORM

I

CONTRACT CLAUSES

B

SUPPLIES OR SERVICES AND PRICES/COSTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C

DESCRIPTION/SPECS./WORK STATEMENT

J

LIST OF ATTACHMENTS

D

PACKAGING AND MARKING

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT

ADMINISTRATION DATA

L

INSTR.,

CONDS.,

AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule

13. DISCOUNT FOR PROMPT PAYMENT

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS

AMENDMENT NO.

DATE

AMENDMENT NO.

DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

DUNS:

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER

17. SIGNATURE

18. OFFER DATE

AREA CODE

NUMBER

EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

(4 copies unless otherwise specified) 10 U.S.C. 2304(a) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

CODE

CODE

PHONE:

FAX:

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33

Previous edition is unusable Prescribed by GSA-FAR (48 CFR) 53.214(c)

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror) AWARD (To be completed by Government) N/A

TBD

NRC-HQ-13-R-03-0023

X U.S. Nuclear Regulatory Commission Div. of Contracts Attn:

Mail Stop: TWB-01-B10M Washington, DC 20555 11555 Rockville Pike, Rockville MD 20852 Noon (EST) 12- -2012 See Attached Table of Contents X X X X X X X X X X X X X U.S. Nuclear Regulatory Commission Div. of Contracts Mail Stop: TWB-01-B10M Washington, DC 20555 Department of Interior / NBC NRCPayments_NBCDenver@NBC.gov Attn: Fiscal Services Branch - D2770 7301 W. Mansfield Avenue Denver CO 80235-2230 Matthew J. Bucher Contracting Officer

Table of Contents
PART I - THE SCHEDULEA-1
SECTION A - SOLICITATION/CONTRACT FORMA-1
SF 33 SOLICITATION, OFFER AND AWARDA-1
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTSB-1
B.1 BRIEF DESCRIPTION OF WORK (AUG 2011) ALTERNATE I (AUG 2011)B-1
B.2 CONSIDERATION AND OBLIGATION-INDEFINITE-QUANTITY CONTRACT (AUG 2011)B-1
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORKC-1
SECTION D - PACKAGING AND MARKINGD-1
D.1 PACKAGING AND MARKING (AUG 2011)D-1
D.2 BRANDING (AUG 2012)D-1
SECTION E - INSPECTION AND ACCEPTANCEE-1
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCEE-1
SECTION F - DELIVERIES OR PERFORMANCEF-1
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCEF-1
F.2 PLACE OF DELIVERY--REPORTS (AUG 2011)F-1
F.3 PERIOD OF PERFORMANCE (AUG 2011) ALTERNATE I (AUG 2011)F-1
SECTION G - CONTRACT ADMINISTRATION DATAG-1
G.1 2052.215-71 PROJECT OFFICER AUTHORITY (NOVEMBER 2006)G-1
G.2 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999)G-3
G.3 2052.216-72 TASK ORDER PROCEDURES (OCT 1999)G-3
G.4 2052.216-73 ACCELERATED TASK ORDER PROCEDURES (JAN 1993)G-4
G.5 ELECTRONIC PAYMENT (AUG 2011)G-4
SECTION H - SPECIAL CONTRACT REQUIREMENTSH-1
H.1 2052.215-70 KEY PERSONNEL (JAN 1993)H-1
H.2 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS CONVICTED OF DRUG TRAFFICKING OR POSSESSION (AUG 2011)H-1
H.3 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS (AUG 2011)H-1
H.4 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (AUG 2011)H-2
H.5 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORT(S) OR THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS (AUG 2011)H-2
H.6 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (AUG 2011)H-3
H.7 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS (AUG 2011)H-4
H.8 GREEN PURCHASING (JUN 2011)H-4
H.9 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS (AUG 2011)H-4
H.10 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (AUG 2011)H-4
PART II - CONTRACT CLAUSESI-7
SECTION I - CONTRACT CLAUSESI-7
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCEI-7
I.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)I-8
I.3 52.216-18 ORDERING (OCT 1995)I-9
I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)I-9
I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)I-10
I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)I-10
I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)I-10
I.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)I-12
I.9 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (AUG 2012)I-13
I.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)I-16
I.11 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012)I-16
I.12 52.249-14 EXCUSABLE DELAYS (APR 1984)I-17
I.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)I-17
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTSJ-1
SECTION J - LIST OF ATTACHMENTSJ-1
PART IV - REPRESENTATIONS AND INSTRUCTIONSK-1
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORSK-1
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCEK-1
K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2012)K-1
K.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)K-4
K.4 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT (OCT 1999)K-5
K.5 2052.209-71 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (REPRESENTATION) (OCT 1999)K-5
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORSL-1
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCEL-1
L.2 52.216-1 TYPE OF CONTRACT (APR 1984)L-1
L.3 52.233-2 SERVICE OF PROTEST (SEP 2006)L-1
L.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)L-2
L.5 2052.215-72 TIMELY RECEIPT OF PROPOSALS (OCT 1999)L-2
L.6 2052.215-73 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (OCT 1999)L-2
L.7 2052.215-74 DISPOSITION OF PROPOSALS (JAN 1993)L-2
L.8 2052.215-75 PROPOSAL PRESENTATION AND FORMAT-ALTERNATE 2 (OCT 1999)L-3
L.9 2052.216-70 LEVEL OF EFFORT (JAN 1993)L-4
L.10 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE (JAN 1993)L-4
L.11 SUBMISSION OF HAND-CARRIED PROPOSALS OR QUOTATIONS (AUG 2011)L-4
L.12 PROPOSAL PRESENTATION AND FORMAT (SEP 2012) ALTERNATE II (FOR NEGOTIATED FIXED-PRICE, LABOR-HOUR, OR TIME-AND-MATERIALS CONTRACTS/ORDERS) (SEP 2012)L-4
L.13 RECORDS MANAGEMENT (AUG 2011)L-6
L.14 GREEN PURCHASING (JUN 2011)L-7
L.15 EVALUATION INSTRUCTIONS III (AUG 2011)L-8
SECTION M - EVALUATION FACTORS FOR AWARDM-1
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCEM-1
M.2 2052.215-79 CONTRACT AWARD AND EVALUATION OF PROPOSALS (OCT 1999)M-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

Year One

Labor Category
Estimated Hours
Fixed Labor Rate
Not-To-Exceed Ceiling
Principle Enginner/Scientist
5,700
To be specified by offeror
To be determined at contract award
Program Support
122
To be specified by offeror
To be determined at contract award
Labor Category
Estimated Hours
Fixed Labor Rate
Not-To-Exceed Ceiling
Travel (to cover travel over the entire life of the contract, to be paid on a re-imbursable basis
1 Lot
$43,000.00
$43,000.00

Year Two

Labor Category
Estimated Hours
Fixed Labor Rate
Not-To-Exceed Ceiling
Principle Enginner/Scientist
4,950
To be specified by offeror
To be determined at contract award
Program Support
122
To be specified by offeror
To be determined at contract award

Year Three

Labor Category
Estimated Hours
Fixed Labor Rate
Not-To-Exceed Ceiling
Principle Enginner/Scientist
3,900
To be specified by offeror
To be determined at contract award
Program Support
122
To be specified by offeror
To be determined at contract award

Year Four

Labor Category
Estimated Hours
Fixed Labor Rate
Not-To-Exceed Ceiling
Principle Enginner/Scientist
1,658
To be specified by offeror
To be determined at contract award
Program Support
122
To be specified by offeror
To be determined at contract award

Year Five

Labor Category
Estimated Hours
Fixed Labor Rate
Not-To-Exceed Ceiling
Principle Enginner/Scientist
945
To be specified by offeror
To be determined at contract award
Program Support
122
To be specified by offeror
To be determined at contract award

B.1 BRIEF DESCRIPTION OF WORK (AUG 2011) ALTERNATE I (AUG 2011)

(a) The title of this project is: Technical Assistance to Verify Compliance with Order 49 & 51

(b) Summary work description:

The objective of this contract is to obtain technical expert on a task ordering basis, to assist the staff in evaluation of overall integrated plans, develop safety evaluations and verify strategies and guidance developed pursuant to Orders EA-12-049 and EA-12-051 subject to on-site inspections for compliance verification. The NRC intends to issue SE’s for licensees’ overall integration plans and to verify compliance through site specific inspections.

(c) Orders will be issued for work in accordance with 52.216-18 - ORDERING.

B.2 CONSIDERATION AND OBLIGATION-INDEFINITE-QUANTITY CONTRACT (AUG 2011)

(a) The estimated total quantity of this contract for the products/services under this contract is specified at award.

(b) The Contracting Officer will obligate funds on each task order issued.

(c) The minimum guarantee under this contract is $300,000.00. This minimum obligates will be met by issuing some money on the base award and some money on the first task order.

(d) The obligated amount for this contract is to be specified at time of award.

(e) A total estimated cost and fee, if any, will be negotiated for each task order and will be incorporated as a ceiling in the resultant task order. The Contractor shall comply with the provisions of 52.232-20 - Limitation of Cost for fully-funded task orders and 52.232-22 - Limitation of Funds for incrementally-funded task orders, issued hereunder.

NRC-HQ-13-R-03-0023 Section B

B-2

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

COVER PAGE ADDENDUM TO:

PERFORMANCE WORK STATEMENT (PWS)

Project Title: Technical Assistance to Verify Compliance with Order EA-12-049, “Order Modifying Licenses with Regard to Requirements for Mitigating Strategies for Beyond-Design-Bases External Events” and Order EA-12-051, “Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation”

Job Code: JCN4672

Task Area: R - Professional, Administrative and Management Support Services; 541690- Other Scientific and Technical Consulting Services

Contract No.:TBD
Budget & Reporting No.:TBD

NRC Issuing Office: NRR/DPR/PGCB

NRC CO: TBD

NRC TAPM:

NRC COR:

Fee Recoverable:Yes
TAC Numbers:ME7950 (Order EA-12-049), ME7952 (Order EA-12-051)
Docket Number:TBD
Contractor:TBD
Type of Competition:Full and Open Competition after Exclusion of Sources (i.e. Small Business Set-aside)
Type of Contract/Order:Indefinite Quantity- Indefinite Delivery (IDIQ) - Task Ordering
Period of Performance:Date of award through December 31, 2016

PERFORMANCE WORK STATEMENT (PWS)

Contents

PART 1

GENERAL INFORMATION

1.1Title of Project
1.2Introduction
1.3Background
1.4Objective
1.5Scope of Work
1.6Performance Requirements
1.6.1Services/Deliverables
1.6.2Performance Standards
1.6.3Acceptable Quality Level (AQL)
1.6.4Government Surveillance
1.6.5Government Incentives
1.7Performance Requirements Summary (PRS)
1.8Quality Assurance Surveillance Plan (QASP)
1.9Quality Control (QC)
1.10Remedies for Non-Performance
1.11Milestone Reviews
1.12Reporting Requirements
1.13Publications
1.14Government-Furnished Property
1.15Access to Government Property and Facilities
1.16Place of Performance
1.17Recognized Holidays
1.18Hours of Operation
1.19Security Requirements
1.20Physical Security
1.21Post- Award Orientation (kickoff) or Periodic Progress Meetings
1.22Contracting Officer’s Representative (COR)
1.23Key Personnel
1.24Key Personnel Qualification Requirements
1.25General – Contractor Personnel
1.26Contractor Travel
1.27Data Rights
1.28Applicable Publications (Current Editions)

PART 2

STANDARD DEFINITIONS & ACRONYMS

2.DEFINITIONS AND ACRONYMS
2.1DEFINITIONS
2.2ACRONYMS

PART 3

ATTACHMENT/TECHNICAL EXHIBIT LISTING

3.1 ATTACHMENT/TECHNICAL EXHIBIT LIST:

3.1.1 Attachment 1/Technical Exhibit 1 – Performance Requirements Summary PRS)

3.1.2 Attachment 2/Technical Exhibit 2 – Deliverables Schedule

3.1.3 Attachment 3/Technical Exhibit 3 – Estimated Workload Data

3.1.4 Attachment 4/Technical Exhibit 4 – Quality Assurance Surveillance Plan – QASP

3.1.5 Attachment 5/Technical Exhibit 5 – Safety Evaluation Review Schedule

3.1.6 Attachment 6/Technical Exhibit 6 – Site Verification/Compliance Schedule

3.1.7 Attachment 7/Technical Exhibit 7 – Monthly Letter Status Report Example

PERFORMANCE WORK STATEMENT (PWS)

PART 1

GENERAL INFORMATION

1.1 Title of Project

This is a technical non-personal services contract to provide expertise on a task-order basis which will assist the U.S. Nuclear Regulatory Commission (NRC) staff in evaluation of overall integrated plans, development of safety evaluations and verification/compliance of strategies and guidance developed pursuant to Order EA-12-049 entitled, “Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events” and Order EA-12-051 entitled, “Order To Modify Licenses with Regard to Reliable Spent Fuel Pool Instrumentation.”

1.2 Introduction

Following the events at Fukushima Dai-ichi Nuclear Power Station, the NRC issued an Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events, EA-12-049. This Order requires the development, implementation and maintenance of mitigating strategies. Additionally, an Order To Modify Licenses with Regard to Reliable Spent Fuel Pool Instrumentation, EA-12-051, was issued to require installation of spent fuel pool (SFP) wide-range level indication.

The NRC intends to issue safety evaluations (SE’s) for licensees’ overall integrated plans based on a schedule for the first unit outage at a site to include, but not limited to, the facilities listed in Attachment 5. Safety evaluations for Order EA-12-049 and Order EA-12-051 will be written starting February 28, 2013 and end September 30, 2013.

The NRC intends to verify compliance, with support from the contractor, through site specific inspections to include, but not limited to, the facilities listed in Attachment 6. The period of performance for this contract is from the award date through December 31, 2016. (Note: Task milestone schedules are described in business days which are Monday through Friday excluding Federal Holidays.)

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform technical services as defined in this PWS. The Contractor shall perform to the standards in this contract.

1.3 Background

Events at the Fukushima Dai-ichi Nuclear Power Station following the March 11, 2011, earthquake and tsunami highlighted the potential importance of mitigating strategies in responding to beyond-design-basis external events. This recognition led to the issuance of Order EA-12-049 to develop, implement and maintain such strategies. Another separate Order, EA-12-051, was issued to require reliable indication of water level in associated spent fuel pools in order to support emergency response decisions. These Orders require submittal, by February 28, 2013, of an overall integrated plan including a description of how compliance will be achieved. The deadline for full implementation is no later than two refueling cycles after submittal of the overall integration plan or December 31, 2016, whichever comes first.

On June 7, 2012, the NRC published a notice of availability for public comment for the draft guidance for Order EA-12-049 in the Federal Register, 77 FR 33779. The draft guidance, Japan Lessons-Learned Project Directorate Interim Staff Guidance (JLD-ISG-2012-01), “Compliance with Order EA-12-049, Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events,” Agencywide Documents Access and Management System (ADAMS) Accession no. ML12146A014, proposed to endorse with exceptions the industry guidance of Nuclear Energy Institute document (NEI) 12-06, “Diverse and Flexible Coping Strategies (FLEX) Implementation Guide,” Revision B1, ADAMS Accession no. ML12143A232.

On June 7, 2012, the NRC also published a notice of availability for public comment for the draft guidance for Order EA-12-051 in the Federal Register, 77 FR 33780. The draft guidance, Japan Lessons-Learned Project Directorate Interim Staff Guidance (JLD-ISG-2012-03), “Compliance with Order EA-12-051, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation,” ADAMS Accession No. ML12144A323, proposed to endorse, with exceptions, the industry guidance of NEI 12-02, “Industry Guidance for Compliance with NRC Order EA12-051, ‘To Modify Licenses with Regard to Reliable Spent Fuel Pool Instrumentation,’” Revision B, ADAMS Accession No. ML12135A414.

On August 31, 2012, after considering the comments provided by stakeholders, the NRC issued the final JLD-ISG-2012-01, ADAMS Accession No. ML12229A174, endorsing a revised version of NEI 12-06, Revision 0, ADAMS Accession No. ML12242A378. The final JLD-ISG-2012-03 for Order EA-12-051 was issued on August 31, 2012 and can be found at ADAMS Accession No. ML. ML12221A339, endorsing, with exceptions, a revised version of NEI 12-02, Revision 1, ADAMS Accession No. ML12240A307.

A list of NRC references concerning this PWS are as follows.

1. Japan Lessons-Learned Project Directorate Interim Staff Guidance (JLD-ISG-2012-01, Revision 0), “Compliance with Order EA-12-049, Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events” ML12229A174

2. Nuclear Energy Institute document (NEI) 12-06, Revision 0, August 2012 “Diverse and Flexible Coping Strategies (FLEX) Implementation Guide” ML12242A378

3. Licensee overall integrated plans for compliance with the Orders.

4. Licensee submittals documenting mitigating strategies developed to meet the requirements of 10 CFR 50.54(hh)(2)

5. NRC Safety Evaluations of the mitigating strategies to support the issuance of the conforming license conditions

6. Licensee submittals documenting commitment changes to the mitigating strategies

7. Inspection reports for Temporary Instruction (TI) 2515/171, “Verification of Site Specific Implementation of Section B.5.b Phases 2 & 3 Mitigating Strategies,” Inspection Procedure 71111.05T, “Fire Protection (Triennial)” subsequent to January 1, 2010, and TI 2515/183, “Followup to Fukushima Daiichi Nuclear Station Fuel Damage Event”

8. Nuclear Energy Institute document 06-12, “B.5.b Phase 2 & 3 Submittal Guideline,” Revision 2

9. Japan Lessons-Learned Project Directorate Interim Staff Guidance (JLD-ISG-2012-03), Revision 0, “Compliance with Order EA-12-051, Reliable Spent Fuel Pool Instrumentation, Publically Available, ML12221A339

10. Nuclear Energy Institute document (NEI) 12-02, Revision 1 “Industry Guidance for Compliance with NRC Order EA-12-051, “To Modify Licenses with Regard to Reliable Spent Fuel Pool Instrumentation“, Publically Available ML12240A307

11. LIC-101, Revision 4, “License Amendment Review Procedures”, Publically Available ML113200053

12. Management Directive (MD) 3.57, “Correspondence Management”

13. Manual Chapter 0612, “Power Reactor Inspection Reports”

1.4 Objective

The objective of this contract is to obtain technical expertise, on a task ordering basis, to assist the staff in evaluation of overall integrated plans, develop safety evaluations and verify strategies and guidance developed pursuant to Orders EA-12-049 and EA-12-051 subject to on-site inspections for compliance verification.

The NRC intends to issue SE’s for licensees’ overall integrated plans and to verify compliance through site specific inspections.

1.5 Scope of Work

The Contractor shall provide Professional, Administrative and Management Support Services to assist the NRC staff. The Contractor’s services shall include evaluation of overall integrated plans, input for the development of safety evaluations and assistance with the verification of the strategies and guidance developed pursuant to Order EA-12-049 and EA-212-051 to determine compliance with these Orders. The Contractor shall attend kickoff meetings, evaluate licensee overall integration plans, provide input for the Safety Evaluations write ups (both draft and final), write and evaluate licensee responses to Requests for Additional Information, evaluate licensee alternative approaches to the Orders, participate in site inspections and write supportive inputs to site inspection reports, and site inspection plans.

1.5.1 Tasks

Task 1: Technical Coordination/Kick-off Meeting:

The Contractor shall participate in a kickoff meeting which will prepare the Contractor for the review and analysis activities of the contract. The kickoff is anticipated to occur within two weeks after award of the contract. The meeting will be held at NRC Headquarters in Rockville, Maryland and will last a maximum of 5 days. The first day will cover information concerning both Orders. The meeting will provide training and guidance on the NRC desired review and analysis activities (contract tasks), deliverables, communication protocols, technical consultation with appropriate NRC staff, handling sensitive unclassified information, NRC badge requirements, standards for safety evaluation review and requests for additional information, inspection report writing and formatting, Microsoft requirements etc. The following four days will be detailed training and technical meetings to prepare the Contractor concerning Order EA-12-051 covering information related to this section of the PWS.

Task 2: Review of Integrated Plans:

A. Evaluation of plans, draft requests for additional information for Order EA-12-049: This task shall be performed during the five business days after receipt of each licensee overall integration plan to the contractor. The Contractor shall evaluate each overall integrated plan for conformance with the guidance of JLD-ISG-2012-01 to aid in the development of SE’s. The Contractor shall identify any instances where additional information from the licensee is needed in order to determine that the licensee’s strategies and guidance under development will conform to JLD-ISG-2012-01. The Contractor shall draft proposed requests for this additional information required from the licensee, for review and approval by NRC staff. The draft written RAIs shall be provided to the NRC staff, which will be responsible for issuance of the RAIs to each licensee.

B. Evaluation of plans, draft requests for additional information for Order EA-12-051: This task shall be performed during the five business days after receipt of each licensee overall integration plan to the contractor. The Contractor shall evaluate each overall integrated plan for conformance with the guidance of JLD-ISG-2012-03 to aid in the development of SE’s. The Contractor shall identify any instances where additional information is necessary in order to determine that the licensee’s plan for installation of enhanced spent fuel pool instrumentation will conform to JLD-ISG-2012-03. The Contractor shall draft proposed requests for this additional information required from the licensee, for review and approval by NRC staff. The draft written RAIs shall be provided to the NRC staff, which will be responsible for issuance of the RAIs to each licensee.

C. Identification of alternative approaches for Order EA-12-049: This task shall be performed during the five business days after receipt of each licensee overall integration plan to the contractor. The Contractor shall identify any proposed alternative approaches to Order EA-12-049 in the overall integrated plan to the NRC staff and provide a recommendation along with a technical basis for whether the proposed alternative approach should be considered for acceptance by NRC as providing reasonable assurance of compliance with Order EA-12-049.

D. Identification of alternative approaches for Order EA-12-051: This task shall be performed during the five business days after receipt of each licensee overall integration plan to the contractor. The Contractor shall identify any proposed alternative approaches in the overall integrated plan to the NRC staff and provide a recommendation along with a technical basis for whether the proposed alternative approach should be considered for acceptance by NRC as providing reasonable assurance of compliance with Order EA-12-051.

E. Evaluation of RAI responses for Order EA-12-049: The Contractor shall evaluate the responses to requests for additional information to aid in determining whether the licensee’s strategies and guidance under development will conform to JLD-ISG-2012-01.

F. Evaluation of RAI responses for Order EA-12-051: The Contractor shall evaluate the responses to requests for additional information to aid in determining whether the licensee’s strategies and guidance under development will conform to JLD-ISG-2012-03.

G. Draft SE input preparation for Order EA-12-049: The Contractor shall use the results of the above evaluations to draft proposed SEs on licensees’ strategies and guidance responsive to the Order for consideration by NRC staff. SE’s are to be developed on a site basis, covering all power reactors at a particular site. The Contractor shall identify open items (ex. pending RAI responses from applicant, or incomplete information) in the SE’s for verification through site specific inspection or by licensee modification of the integrated plans for consideration and approval by NRC staff. An amended SE document is due five days after a RAI response evaluation has been completed, dependent upon the adequacy of the licensee’s response.

H. Draft SE input preparation for Order EA-12-051: The Contractor shall collect the results of the evaluations to draft proposed SE’s on licensees’ strategies and guidance responsive to the Order for consideration by NRC staff. SE’s are to be developed on a site basis, covering all power reactors at a particular site. The Contractor shall identify open items in the SEs for verification through site specific inspection or by licensee modification of the integrated plans for consideration and approval by NRC staff. An amended SE document is due five days after a RAI response evaluation has been completed, dependent upon the adequacy of the licensee’s response.

Task 3: Final Safety Evaluation Input for Both Orders The Contractor shall document input for the final SE’s based on the licensees’ integrated plans, modifications submitted by licensees, and actions and information obtained during site specific inspections to close prior open items and document the methodology used by licensees to comply with the Order. The contractor shall provide their input to the NRC staff for consideration.

Task 4: Site Specific Verification A. Site inspection for Order EA-12-049: The Contractor shall provide one representative for each inspection team for up to sixty-six (66) inspections. Inspections assigned for Contractor participation will be determined in the quarter prior to the dates for the inspection and issued by Task Order. The Contractor will provide input to the inspection report to the inspection team leader for the team leader’s consideration. For each site inspection, the Contractor should collect and review information on all the preceding status reports submitted by the licensee concerning this Order. This task is to verify compliance with the Order via a site specific inspection. A site-specific inspection plan shall be submitted by the Contractor for each site visit for the team leader’s consideration and approval.

B. Site inspection for Order EA-12-051: The Contractor shall provide one representative for each inspection team for up to sixty-six (66) inspections. Inspections assigned for Contractor participation will be determined in the quarter prior to the dates for the inspection and issued by Task Order. The Contractor will provide input to the inspection report to the inspection team leader for the team leader’s consideration. For each site inspection, the Contractor should collect and review information for all the preceding status reports submitting by the licensee concerning this Order. This task is to verify compliance with the Order via a site specific inspection. A site-specific inspection plan shall be submitted by the Contractor for each site visit for the team leader’s consideration and approval.

1.6 Performance Requirements

1.6.1 Services/Deliverables

The following are a list of services/deliverables for this contract;

· Kickoff meeting attendance

· Draft Requests for Additional Information

· Draft document of Alternative Approaches

· Draft Safety Evaluation with Open RAIs

· Draft Safety Evaluation with Closed RAIs

· Final Safety Evaluation

· Site Specific Inspection Plan

· Site Specific Inspection Report

· Monthly letter status reports

The Contractor shall provide submittal documents under this Scope of Work prepared in Microsoft ® Office Word 2007 or compatible format and submitted electronically to the CORs with a copy provided to the NRC Project Manager. The transmittal letter and cover page shall contain the contract number, the job code number (JCN), task number, NRC technical assignment control (TAC) number, the Order no. for the submittal, the facility name and the docket number. All delivery dates, in days, are business days. (Note: Business days are Monday through Friday, excluding Federal Holidays.)

These services/deliverables are listed in the Performance Requirements Summary (PRS) – Technical Exhibit 1, Part 3 of the PWS, Section 3.1.1.

1.6.2 Performance Standards

The Contractor shall comply with all directions issued by the NRC regarding the drafting, creation, corrections, changes, editing, maintaining, protecting, release and return of any data, information or reports created in the performance of this SOW. The reports, data and related documents will be considered draft until approved by the NRC. The NRC will provide comment within 2 weeks (10 business days) of receipt of draft materials. The contractor will then finalize the reports, data and related documents within 2 weeks (10 business days) and resubmit for review and comment. No reports, data or documents will be released or published to the licensee or other entities by the contractor, without prior approval from the NRC. Communication and document transmittal with the licensee will be processed by the NRC.

Additionally, the standards for performance shall be qualified during the kickoff training after award and consistent with the references found in Section 1.3 of this PWS. Further definition concerning performance standards can be found in the Performance Requirements Summary (PRS) – Technical Exhibit 1, Part 3 of the PWS, Section 3.1.1.

1.6.3 Acceptable Quality Level (AQL)

The Acceptable Quality Level (AQL) for each key service/deliverable and its related performance standard may be found in the Performance Requirements Summary (PRS) – Technical Exhibit 1, Part 3 of the PWS, Section 3.1.1.

1.6.4 Government Surveillance

The Government Surveillance measure for each key service/deliverable may be found in the Performance Requirements Summary (PRS) – Technical Exhibit 1, Part 3 of the PWS, Section 3.1.1.

1.6.5 Government Incentives

The Government Incentives measure for each key service/deliverable may be found in the Performance Requirements Summary (PRS) – Technical Exhibit 1, Part 3 of the PWS, Section 3.1.1.

1.7 Performance Requirements Summary (PRS)

The Performance Work Statement’s Performance Requirements Summary (PRS) table which includes tasks (requirements), key deliverables, performance standards, acceptable quality levels (AQL), method(s) of Government surveillance, and positive and/or negative performance incentives, is delineated in Technical Exhibit 1, Part 3 of the PWS, Section 3.1.1.

1.8 Quality Assurance Surveillance Plan (QASP)

The Government will evaluate the contractor’s performance under this contract using the method(s) of surveillance in accordance with the Quality Assurance Surveillance Plan (QASP) included in Technical Exhibit 4, Part 3 of the PWS, Section 3.1.4. All surveillance performance observations will be recorded by the Government. When an observation indicates defective performance, the COR will obtain the contractor’s representative’s initials on the record of the observation.

1.9 Quality Control (QC)

The Contractor’s Quality Control Plan (QCP) is to be delivered with the Contractor’s proposal. The contractor shall develop and maintain a complete QCP to ensure that the requirements of the contract are performed in accordance with this PWS. The QCP shall describe the methods for identifying, preventing, and ensuring any defective services are corrected before the level of performance becomes unacceptable. The contractor’s QCP shall address the areas identified in Technical Exhibit 1, "Performance Requirements Summary." One copy of the contractor’s QCP shall be provided to the COR at the time its proposal is submitted.

After acceptance of the QCP the Contractor shall receive the COR acceptance in writing of any proposed changes to its plan. During contract execution, any revision to the Contractor’s QCP shall be submitted to the NRC with 3 copies to the CO and Contracting Officer’s Representative (COR) within 5 working days after a revision change has been made.

1.10 Remedies for Non-Performance

Performance standards concerning performance threshold acceptable quality levels are documented in Technical Exhibit 1, Part 3 of the PWS, Section 3.1.1.

For products or services that are rejected, the contractor shall follow Federal Acquisition Requirement (FAR) 52.212-4, "Contract Terms and Conditions-Commercial Items" for a contractor's failure to perform satisfactory services or failure to correct non-conforming services.

1.11 Milestone Reviews

Documents or RAIs that are generated shall be uniquely identified, if necessary, utilizing docket numbers as described below.

1. Preliminary Verbal or Written Conclusions of the Evaluation, Conclusions are due throughout the course of the evaluation to support tasks 2 and 3 using email, telephone, weekly teleconferences and monthly reports, as appropriate. All correspondence shall be addressed to the NRC COR, John Klos and the NRC TAPM, April Bucher. An initial conclusion for each licensee submittal will be submitted verbally, or in written form, five business days after task 2 begins for each overall integration plans received by the contractor for review.

2. Draft Requests for Additional Information, for applicable licensees are due eight business days after the receipt of an overall integration plan for review and shall be documented weekly as part of the weekly teleconference. Evaluation of RAIs for both Orders shall be completed 3 business days after receipt of each licensee response.

An RAI data list shall be created using an Excel spreadsheet with a separate tab for each Site Name. RAI numbered shall be “Order no-Site Name – docket no. (if required for a unit specific RAI)- RAI generation number.”

Example: RAI 049-Beaver Valley-50-334-1 (RAI for Mitigating Strategies Order, Beaver Valley Power Station, Unit-Specific RAI for Unit One Docket No. 50-334- 1st represents the first RAI in the sequence of RAIs).

Note: A generic site non-unit RAI for the Mitigating Strategies Order concerning the Beaver Valley Site would be numbered as RAI 049-Beaver Valley-1.

3. Draft Technical Basis for Acceptability of Alternative Approaches (AA) for applicable licensees is due eight business days after receipt of each overall integration plan for review. These documents are listed in an Excel spreadsheet and submitted weekly as part of the weekly teleconference.

The AA document list shall be an Excel spreadsheet with a separate tab for each Site Name. AA document numbered shall be “Order no.-Site Name–docket no. (if required for a unit specific RAI)- RAI generation number.”

Example: AA 049-Beaver Valley-50-334-1 (AA for Mitigating Strategies Order, Beaver Valley Power Station, for Unit One Docket No. 50-334 - 1st represents the first AA in the sequence of AA documents created).

Note: A generic site AA, non-unit specific for the Mitigating Strategies Order concerning Beaver Valley Power Station would be AA 049-Beaver Valley-1.

4. Draft Safety Evaluations, identifying open items document (cited as SED-049-Beaver Valley, Safety Evaluation Draft, Order EA-12-049, Beaver Valley Power Station,) for applicable licensees is due ten business days after receipt of each licensee overall integration plan with open RAIs embedded. An amended SE document is due five days after a RAI response evaluation has been completed, dependent upon licensee responses.

5. Task 3, Final Safety Evaluations with Closed RAI Items and Final Documented Method of Compliance, (cited as SE-049- Beaver Valley, Safety Evaluation, Order EA-12-049, Beaver Valley Power Station) for applicable licensees is due five business days after completion of task 4, 5, 6 or 7 for each site inspection completed.

Draft Input to Site-Specific Inspection Reports, (cited as IR-049-Beaver Valley, Inspection Report, Order EA-12-049, Beaver Valley Power Station) for applicable licensees is due five business days after the completion of tasks 4 through 7 for individual sites.

Site-Specific Inspection Plan, (cited as IP-049-Beaver Valley, Inspection Plan, Order EA-12-049, Beaver Valley Power Station) for applicable licensees due ten business days prior to tasks 7 through 10 for individual sites.

Information contained in this section is also documented in the PRS table.

1.12 Reporting Format & Requirements

The contractor shall submit a Monthly Letter Status Report by the 15th of each month. The report shall provide the technical and financial status of the contract. This includes an itemization of hours spent by each labor category for each assigned task. The contractor shall submit the report electronically to the following: NRC Contracting Officer Representative (COR), John Klos and NRC TAPM, April Bucher. A hard copy of the report shall be mailed to the NRC Contracting Officer, TBD. The format of this report is contained in Attachment 7.

The technical status section of the report shall contain a summary of the work performed under the Task order during the reporting period; milestones reached, or if missed, an explanation why; any problems or delays encountered or anticipated with recommendations for resolution; and planned work for the next reporting period.

The financial status section of the report shall include the total award amount and funds obligated to date; total costs incurred in the reporting period, and total cumulative costs incurred to date. The status shall also contain the balance of obligations remaining at the end of the period and balance of funds required to complete the Task order.

1.13 Publications

Any reports generated by the contractor under this contract/order shall not be released for publication or dissemination without NRC CO written approval.

All information and data related to this project that the contractor gathers or obtains shall be both protected from unauthorized release and considered the property of the Government. The contracting officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract/order. Press releases, marketing material, or any other printed or electronic documentation related to this project, must not be publicized without the written approval of the contracting officer. (See NRCAR §2052.235-70, “Publication of research results”)

1.14 Government-Furnished Property/Information

The Government will provide each licensee’s overall integrated plans concerning each Order, and may, as applicable, provide non-public documents to the Contractor at kickoff to support contract training and orientation.

Disposition of GFP shall be in accordance with FAR 52.245-1, Government Property.

The following GFP will be provided to the contractor:

GFP Item
Quantity

Date Provided to Contractor

Method of Delivery

Each licensee’s overall integration plan for Order EA-12-049 and EA-212-051
Up to 66
TBD
Email from NRC staff to Contractor’s PM
Non-public training documents
TBD
TBD
TBD

1.15 Access to Government Property and Facilities

The contractor is permitted limited access to the Government's facilities, as required, during the kickoff meeting and Contractor training and orientation days.

1.16 Place of Performance

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

1.17 Recognized Holidays

The Contractor is not required to perform services on Federal Holidays.

1.18 Hours of Operation

The contractor is responsible for conducting business hours, in accordance with the Contractor’s “work hour” policy and in a manner to meet the schedule and milestones associated with this PWS. Milestones associated with the schedule and this PWS’ deliverable due dates are counted as Monday thru Friday except Federal holidays or when the Government’s U.S. NRC Agency headquarters is closed/shutdown due to local or national emergencies, administrative closings, or similar Government directed facility/agency closings where agency headquarter, non-emergency personnel are not available. If this event should occur, the NRC COR, John Klos will record this by email to the Contractor’s PM and notify him/her by phone. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.19 Security Requirements

Contractor personnel performing work under this contract/order do not have any security clearance requirements.

The contractor will be responsible for the actions of all individuals provided to work under this contract/order. If damages arise from work performed by contractor-provided personnel under the auspices of this contract/order, the contractor will be responsible for all resources necessary to remedy the incident.

1.20 Physical Security

The contractor shall be responsible for safeguarding all Government property. At the close of each work period, Government materials shall be secured.

1.21 Post-Award Orientation (kickoff) or Periodic Progress Meetings:

The contractor agrees to attend any postaward conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5.

The NRC CO, NRC COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

Kickoff meeting. The contractor is required to meet within two weeks after award of the contract with the NRC staff at the beginning of contract/task order performance. Details and descriptions of this event may be found in Section 1.5 of the PWS (task 1).

Other meetings will be schedule as needed as discussed above. The contractor may request meetings whenever a discrepancy exists and no mutual resolution is apparent. The written minutes of these meetings shall be signed by the contractor’s manager, NRC CO, and NRC COR. If the contractor does not concur with the minutes, he/she shall state any areas of non-concurrence within 10 days of receipt of the signed minutes.

1.22 Contracting Officer’s Representative (COR):

The COR monitors all technical aspects of the contract/order and assists in its administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract/order: perform inspections necessary in connection with contract/task order performance: maintain written and oral communications with the contractor concerning technical aspects of the contract/order: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor contractor's performance and notifies both the CO and contractor of any deficiencies; coordinate availability of Government-furnished property, and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract/order.

1.23 Key Personnel:

The following personnel are considered key personnel by the Government: (See NRCAR 2052.215-70, “Key Personnel”)

Qualifications for all key personnel are listed below:

Contractor’s Project Manager: TBD

The Contractor shall provide a project manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO. The Project Manager or alternate shall have full authority to act for the Contractor on all contract/order matters relating to daily operation of this contract/order.

Qualifications of the contract/task order manager and alternate are listed below.

Contractor’s Principal Engineers and Principal Scientists: TBD

The Contractor shall provide an appropriate number and staff of qualified Principal Engineers and Principal Scientists who shall be responsible for the performance of the work and the tasks assignments for this contract.

Qualifications of the Principal Engineers and Principal Scientists are listed below:

1.24 Key Personnel Qualification Requirements:

The Contractor’s Principal engineers and Principal scientists shall have at least one year of experience in evaluating and inspecting the mitigating strategies and guidance for beyond-design-basis external events such as those developed for the loss of a large area of a plant due to explosions or fire under Section B.5.b of Order EA-02-026, made generically applicable as 10 CFR 50.54(hh)(2). The Contractor’s Principal engineers or Principal scientists must also have strong backgrounds in typical nuclear industry practices for maintenance, testing, inventory control and familiarity with NRC licensing and inspection processes, as described below.

In regards to Order EA-12-049, the Contractor’s key personnel must have demonstrated experience in the following (to include but not limited to Principal Engineers and Principal Scientists);

1. Documented experience with the mitigating strategies pursuant to Order EA-02-026, the subsequent license conditions, or paragraph (hh)(2) of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.54, “Conditions of licenses.”

2. Experience in the evaluation of mitigating strategies, their development and implementation at a nuclear power plant including the assessment of related plant implementation, guidance documents.

3. Background and knowledge concerning; the differences between conformance of a design to "design basis" accident performance versus what performance could be expected…

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