NRC-HQ-12-R-38-0093 - FINAL.pdf

UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

July 23, 2012

Subject: Request for Proposals, Speech Enhancement Program

Solicitation Number, NRC-HQ-12-R-38-0093 Total Small Business Set Aside

Dear Offeror:

The United States Nuclear Regulatory Commission (USNRC) invites contractors to submit a proposal for services described in the attached statement of work, under the authority of Part 12 of the Federal Acquisition Regulation.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Enclosed is a Statement of Work requirement for the negotiation of a Contract under the “Speech Enhancement Program” Services request. No later than 11:00AM on August 7, 2012, please provide this office with a cost and technical proposal to accomplish the work described in the attached Statement of Work.

The selection will consist of a Best Value source selection process based on personnel qualification and experience, organizational past performance, organizational experience, and price. The evaluation criteria are listed in order of importance. Under a best value source selection, non-price evaluation factors, when combined are significantly more important than price. USNRC will evaluate each offeror on its expertise and knowledge of the services described in the scope of work. However, USNRC will not select an offeror for award on the basis of a superior capability without consideration of the amount of its price. In order to select the winning proposal, USNRC will rank each offeror by making a series of paired comparisons between them, trading off the marginal differences in capability and the price.

The selection authority will decide whether the marginal difference in capability is worth the marginal difference in price.

The U. S. Government anticipates awarding one (1) contract under as a result of this solicitation. The Agency reserves the right to award more or less awards than the anticipated number of contracts stated above.

This procurement is set aside 100% for small business concerns. The NAICS code for this solicitation is 621340 and the small business size standard is $7 million.

This is to be a negotiated Firm Fixed Price Contract for Speech Enhancement Services with an estimated overall contract ceiling price of $650,000. The period of performance for this procurement will be one base year with four-one year option periods.

Proposals submitted in response to this RFP will be received via email at Erika.Eam@nrc.gov

All submittals must be received by the closing date and time stated above.

If you should have any questions concerning this request, please contact Erika Eam at via email (preferred) at Erika.Eam@nrc.gov or (301) 492-3492, This solicitation in no way obligates USNRC to award the proposed contract, nor does it commit USNRC to pay any costs incurred in the preparation and submission of the requested information.

https://www.acquisition.gov/far/current/html/Subpart%2012_6.html#wp1088488� mailto:Erika.Eam@nrc.gov� mailto:Erika.Eam@nrc.gov�

Sincerely, Erika Eam Erika Eam

Contracting Officer

ADM/DC/RRG

Division of Contracts

Enclosure:

Solicitation

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

70 RFPA#: HR-12-060

FAIMIS#: 120857

NRC-HQ-12-R-38-0093 07-23-2012

Erika Eam 301-492-3492 08-07-2012

U.S. Nuclear Regulatory Commission Div. of Contracts Attn: Erika Eam, 301-492-3492 Mail Stop: TWB-01-B10M Washington, DC 20555

X 100

X

621340

$7 Million

N/A N/A

X

U.S. Nuclear Regulatory Commission

Washington DC 20555

U.S. Nuclear Regulatory Commission Div. of Contracts Mail Stop: TWB-01-B10M

Washington, DC 20555

Department of Interior / NBC NRCPayments@nbc.gov Attn: Fiscal Services Branch - D2770 7301 W. Mansfield Avenue Denver CO 80235-2230

See CONTINUATION Page

The contractor shall provide all resources (personnel and materials) as necessary to furnish the services identified in the Statement of Work (SOW) entitled "Speech Enhancement Program" in Section B of this RFP.

B&R#: 2012-84-51-H-192; Job Code: T8462; BOC: 252A Appr. No.: 31X0200; NAICS Code: 621430; DUNS#: TBD Amount Obligated: $TBD

X X

Contracting Officer July 23, 2012 mailto:NRCPayments@nbc.gov�

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION BLOCK ........................................................................................ B-1 B.1 GENERAL ........................................................................................................................ B-1 B.2 PRICE/COST SCHEDULE ............................................................................................... B-1 B.3 DELIVERY SCHEDULE ................................................................................................... B-2 B.4 STATEMENT OF WORK .................................................................................................. B-2

SECTION C - CONTRACT CLAUSES ........................................................................................... C-1

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)

....................................................................................................................................... C-1

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL

ITEMS ............................................................................................................................ C-6 C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) .............................................. C-6 C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ............ C-6

C.4 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) .... C-6

C.5 52.222-54 EMPLOYMENT ELIGILIBILITY VERIFICATION (JAN 2009) .......................... C-7

C-6 52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997) .. C-10

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ........................ C-10

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2012) ............. C-10

C.9 2052.204.70 SECURITY (MAR 2004) ........................................................................... C-15

C.10 2052.204-71 BADGE REQUIREMENTS FOR UNESCORTED BUILDING ACCESS TO

NRC FACILITIES (MAR 2006 ...................................................................................... C-17

C.11 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT (OCT 1999)

..................................................................................................................................... C-17

C.12 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN

1993) ............................................................................................................................ C-18 C.13 2052.15-70 KEY PERSONNEL (JAN 1993) ................................................................ C-20 C.14 2052.15-71 PROJECT OFFICER AUTHORITY (NOVEMBER 2006) .......................... C-21

C.15 C.16 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS (AUG

2011) ............................................................................................................................ C-22

C.16 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS

(AUG 2011) .................................................................................................................. C-23 C.17 BRANDING (AUG 2011) ............................................................................................. C-23

C.18 COMPENSATION FOR ON-SITE CONTRACTOR PERSONNEL (AUG 2011)

ALTERNATE I (AUG 2011) .......................................................................................... C-23

C.19 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (AUG 2011) C-24

C.20 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS CONVICTED OF DRUG

TRAFFICKING OR POSSESSION (AUG 2011) ........................................................... C-24

C.21 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR

FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS

INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (AUG 2011)

..................................................................................................................................... C-24 C.22 ELECTRONIC PAYMENT (AUG 2011) ....................................................................... C-25 C.23 FEDERAL HOLIDAYS ................................................................................................. C-25 C.24 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY ........................................... C-25 C.25 GREEN PURCHASING (JUN 2011) ............................................................................ C-26 C.26 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (AUG 2011) ................ C-26 C.27 PACKAGING AND MARKING (AUG 2011) ................................................................. C-27

C.28 PLACE OF DELIVERY--REPORTS (AUG 2011) ......................................................... C-27 C.29 PERIOD OF PERFORMANCE (AUG 2011) ALTERNATE III (AUG 2011) ................... C-27 C.30 SAFETY OF ON-SITE CONTRACTOR PERSONNEL (AUG 2011)............................. C-28

C.31 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (AUG 2011) ... C-28

C.32 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL

II ACCESS APPROVAL (AUG 2011) ........................................................................... C-30

C.33 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORT(S) OR

THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND

GRANTS (AUG 2011) .................................................................................................. C-32

C.34 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR

EMPLOYEES (AUG 2011) ........................................................................................... C-33

C.35 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC

PAYMENT/REMITTANCE ADDRESS (AUG 2011) ...................................................... C-34

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS ................................ D-1

ATTACHMENT 1 – BILLING INSTRUCTIONS FOR FIXED-PRICE TYPE CONTRACTS (JULY

2001) .............................................................................................................................. D-2 ATTACHMENT 2 - PAST PERFORMANCE QUESTIONNAIRE ............................................. D-5

ATTACHMENT 3 – CONTRACT SECURITY AND/OR CLASSIFICATION REQUIREMENTS

............................................................................................................................................... D-7

SECTION E - SOLICITATION PROVISIONS ................................................................................. E-1

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS .. E-1

E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) ........ E-1 E.2 52.216-1 TYPE OF CONTRACT (APR 1984) ................................................................ E-2 E.3 52.233-2 SERVICE OF PROTEST (SEP 2006) ............................................................. E-2 E.4 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) ......................................... E-2

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL

ITEMS (APR 2012) ........................................................................................................ E-3

E.6 PROPOSAL PRESENTATION AND FORMAT (AUG 2011) ALTERNATE III (FOR

COMMERCIAL ITEM CONTRACTS) (AUG 2011) ....................................................... E-16 E.7 GREEN PURCHASING (JUN 2011) .............................................................................. E-16 E.8 EVALUATION INSTRUCTIONS IV (AUG 2011) ............................................................ E-17 E.9 PRICE PROPOSAL INSTRUCTIONS ........................................................................... E-18 E.10 EVALUATION OF OPTION TO EXTEND SERVICES (AUG 2011).............................. E-19

NRC-HQ-12-R-38-0093 Section B

B-1

SECTION B - CONTINUATION BLOCK

B.1 GENERAL

(a) The contractor will provide support for “Speech Enhancement Program” services for the United States Nuclear

Regulatory Commission’s Office of the Human Resources (HR);

(b) The contract term includes a base period of 12-months, and four (4) twelve (12) month option periods from time of award, for a total of five (5) years if all option periods are exercised; and

(c) The contract will be a Commercial Item Contract with firm fixed hour unit prices.

B.2 PRICE/COST SCHEDULE

All unit prices are fixed unit prices that include all costs (including, but not limited to: labor, fringe benefits, overhead, G&A, and profit (only if applicable)) necessary to provide the services required in the contract.

The line items indicated below are line items that may be ordered throughout the duration of the contract.

Base Year – TBD

CLIN

Services ESTIMATED

QUANTITIES

FIXED UNIT RATES EXTENDED

COST

0001 Diagnostic Evaluations 35 EACH $TBD $TBD 0002 Individual Sessions 1050 EACH $TBD $TBD 0003 Group Sessions 60 EACH $TBD $TBD 0004 Progress Reports 1 EACH $TBD $TBD 0005 No Show/Cancelation Fee ** $TBD NTE $1000.00

TOTAL COST – BASE YEAR $TBD

Option Year 1 – TBD

Services ESTIMATED

QUANTITIES

FIXED UNIT

RATES

EXTENDED

COST

1001 Diagnostic Evaluations 35 EACH $TBD $TBD 1002 Individual Sessions 1050 EACH $TBD $TBD 1003 Group Sessions 60 EACH $TBD $TBD 1004 Progress Reports 1 EACH $TBD $TBD 1005 No Show/Cancelation Fee ** $TBD NTE $1000.00

TOTAL COST – OPTION YEAR 1 $TBD

Option Year 2 – TBD

Services ESTIMATED

QUANTITIES

FIXED UNIT

RATES

EXTENDED

COST

2001 Diagnostic Evaluations 35 EACH $TBD $TBD 2002 Individual Sessions 1050 EACH $TBD $TBD 2003 Group Sessions 60 EACH $TBD $TBD 2004 Progress Reports 1 EACH $TBD $TBD 2005 No Show/Cancelation Fee ** $TBD NTE $1000.00

TOTAL COST – OPTION YEAR 2 $TBD

B-2

Option Year 3 – TBD

CLIN

Services ESTIMATED

QUANTITIES

FIXED UNIT

RATES

EXTENDED

COST

3001 Diagnostic Evaluations 35 EACH $TBD $TBD 3002 Individual Sessions 1050 EACH $TBD $TBD 3003 Group Sessions 60 EACH $TBD $TBD 3004 Progress Reports 1 EACH $TBD $TBD 3005 No Show/Cancelation Fee ** $TBD NTE $1000.00

TOTAL COST – OPTION YEAR 3 $TBD

Option Year 4 – TBD

Services ESTIMATED

QUANTITIES

FIXED UNIT

RATES*

EXTENDED

COST

4001 Diagnostic Evaluations 35 EACH $TBD $TBD 4002 Individual Sessions 1050 EACH $TBD $TBD 4003 Group Sessions 60 EACH $TBD $TBD 4004 Progress Report 1 EACH $TBD $TBD 4005 No Show/Cancelation Fee ** $TBD NTE $1000.00

TOTAL COST – OPTION YEAR 4 $TBD

Program Report 1 EACH $TBD $TBD

Total Cost for all Years: __________________________

NOTE:

*Fixed Unit Rates – If proposed, the fixed unit rate listed must be "loaded" and shall only include the following: Salary cost or consulting fee of the individual providing the services; Payroll costs (fringe benefits, FICA, etc.); Indirect costs applicable to labor; travel, and Profit or fee, if any; and

** No Show/Cancelation Fee – The contractor may request a “No Show/Cancelation Fee” should a scheduled session be missed by a student where no emergency has occurred or untimely canceled. The proposed “No Show/Cancelation Fee” is to be applied to the rate associated with Individual Group sessions only.

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DATE OF DELIVERY

1. Progress Report 1.00 Annually for each participant

2. Program Report 1.00 At the end of contract performance

B.4 STATEMENT OF WORK

SPEECH ENHANCEMENT PROGRAM

Background

U.S. Nuclear Regulatory Commissions (USNRCs), Office of the Chief Human Capital Officer (OCHCO), has had a Speech Enhancement Program in place for a number of years, to assist NRC employees in improving their articulation, pronunciation, and other oral communication skills. The purpose of the program is to enable employees who use English as a second language to communicate more effectively with their colleagues, supervisors, senior managers, and the public. Please note that the speech enhancement services requested and provided are not speech pathology services as a result of any medical affliction associated with a birth defects, impairments, or physical

B-3 trauma. NRC wishes to continue these services and requires the services of a certified, clinically competent speech pathologist to meet NRC’s requirements.

Contract Objective

To provide speech pathology services as it relates to accent reduction, accent modification , and English for Speakers of Other Languages (ESOL) with individual diagnostic evaluations, individual counseling sessions, and group counseling sessions to employees who use English as a second language.

Program Description

The program consists of three distinct services: individual diagnostic evaluations, individual counseling sessions, and group counseling sessions. The contractor shall provide the necessary qualified personnel, materials, and services to provide these services at NRC’s facilities in the Washington, DC metropolitan area. Group sessions will consist of minimum of 3 participants and a maximum of no more than 10 participants per session. Each participant may receive up to a maximum of thirty (30) group sessions throughout the life of the contract.

Requirement

The contractor shall provide the following services:

1. Diagnostic Evaluation

All NRC staff that participates in the program shall receive an evaluation. For each participant, who enrolls in the Speech Enhancement Program (up to 35 individuals per year), the speech pathologist must conduct diagnostic evaluations. Prior to the start of each participant’s individual sessions, the speech pathologist shall inform the NRC Contracting Officers Representative (COR) of the type of counseling required and the number of sessions anticipated. Based on the speech pathologist’s recommendations, the NRC COR may agree to the number of sessions to be conducted for each participant. The NRC COR and the speech pathologist must agree on the recommended number of sessions for the participants. The NRC COR sill have the final decision on the number of sessions for each participant.

2. Individual Sessions

Once the diagnostic evaluations have been completed and recommendations made, participants may receive up to a maximum of thirty (30) individual 1-hour counseling sessions. After the maximum number of individual sessions has been exhausted, the individual may participate in the group sessions. The participants enrolled in the Speech Enhancement Program shall continue in the program until the speech pathologist, in conjunction with the NRC COR, determines that they have reached the desired level of competency in English necessary to support their needs, and that future sessions would not improve their speech.

3. Group Sessions

A maximum of sixty (60) 1-hour group counseling sessions will be offered per contract year. The speech pathologist and the NRC COR will determine the number of group sessions a participant may attend, up to a maximum of 30.

The speech pathologist and the NRC COR will determine the duration of individual and/or group sessions to address the individual participants needs.

Standards of Quality

Personnel Qualifications

B-4

The contractor must provide a Speech Pathologist with the following qualifications:

a. A Bachelor of Science degree in the area of speech pathology as it relates to Accent Reduction, Accent Modification, and/or English for Speakers of Other Languages (ESOL) and not speech pathology associated with birth defects, impairments, or medical trauma. Four additional years of working experience may be substituted for the required degree;

b. A minimum of five years experience serving as a Speech Pathologist in the before mentioned areas assisting adult individuals to improve their articulation, pronunciation, and other oral communication skills; enabling individuals who use English as a second language to communicate more effectively with their colleagues, supervisors, senior managers, and the public, in a capacity similar to that described in this SOW,;.

c. Must be licensed with the State of Maryland to provide Speech Pathology services and/or certified to provide ESOL services in the State of Maryland

The contractor must provide the same Speech Pathologist for the duration of this contract. This is to install continuity of the Speech Pathologist to the students over the life of this contract.

Acceptance Criteria

To ensure that the Speech Pathologist meets the performance objectives described herein, the speech pathologist shall consistently receive an average rating of 4 on a scale of 5 (very satisfactory) to 1 (very unsatisfactory) from student performance evaluations. If the performance evaluations indicate that the speech pathologist cannot satisfy the requirements\, or receives ratings below 4 on the student evaluations for three or more rating cycles during a one year period, the NRC COR may ask the contractor to remove the speech pathologist and provide a qualified replacement. An example of NRCs evaluation survey will be provided after contract award.

Reporting Requirements

The contractor must submit a yearly report providing a summary status of each participant 15 calendar days after the contract year ends. The final report shall cover all exercised years (a total of 5 years if all option years have been exercised), analyzing the speech enhancement services provided, the outcomes, and number of participants, by primary language, and recommendations. All speech enhancement sessions are considered confidential. No individual identification of participants to particular results will be provided in these reports.

Schedule Conflicts, confirming appointments, cancellation fee & no show fee

Should a conflict arise regarding the scheduled date for service, the contractor shall make every effort to accommodate NRC’s request or a participant’s requested date.

The speech pathologist shall implement procedures to confirm scheduled appointments with participants to ensure attendance for appointments. These procedures must be approved by the NRC COR prior to implementation.

Cancellations are recognized as employee notification via e-mail to the contractor if the cancellations are provided more than 24 hours in advance. If cancellations are made timely, there is to be no charge for the cancellation.

The contractor shall agree that in case of an emergency, such as sudden illness or other emergencies, that no “no-show” fee shall be imposed. If the speech pathologist is not notified 24 hours in advance and no emergency has occurred for the student, the contractor shall charge a “No Show/Cancelation Fee” for the scheduled individual session only.

The following will occur to reduce and monitor “no shows”:

1. NRC COR will add the NRC employees email addresses to the registration form. Registration forms will be provided after award.

B-5

2. The contractor shall email the employee to request the reason for the no show and forward both the question and the response to the NRC COR. The contractor shall include the initials of the individual for which the “No Show Fee” applies on each invoice charge in the format of parenthesis and initials in lower case, e.g.: (rs).

Location

The contractor must be able to offer assessment and speech enhancement sessions at NRC’s facility located in the Washington DC Metropolitan area. The principal location is the NRC’s offices at 11555 Rockville Pike in Rockville, Maryland.

Time

The contractor must schedule assessment and counseling sessions during regular NRC working hours.

Duration of Contract

This contract shall consist of one (1) twelve (12) month base year and four (4) twelve (12) month option years.

Execution of the option years are at the discretion of the NRC. The Contractor will be notified prior to the end of the current contract period if NRC elects to execute the next option year.

Government Furnished Facilities, Supplies, and Equipment and Information

Upon award of this contract, the NRC will provide the contractor:

• Applicable NRC forms including security clearance ;

• Privacy Act and NRC Security requirements guidance;

• Meeting facilities;

• Desk; and

• Access to a phone

Monitoring the Contract

The NRC COR shall monitor the services pursuant to the requirements of the contract to ensure that the quality of services is adequate, up to date, and meet NRC’s requirements.

The NRC COR shall:

1. Review individual diagnostic evaluation with the speech pathologist and determine the number of sessions each participant shall receive in individual and/or group sessions;

2. Seek clarification on report information and modify services to correct problems and improve services to participants.

3. Administer evaluation forms to participants to ensure NRC’s requirements are being met. These evaluations will assist in seeking clarification in correcting problems and improving services for participants.

NRC Security Considerations

The Contractors employees are required to receive clearance for unescorted access to NRC buildings. The contractor

B-6 shall complete the NRC’s security applications and fingerprinting forms for each individual that requires unescorted access in NRC buildings and access to NRC’s computers. The forms shall be delivered, sealed in an envelope, to the NRC COR for submission to NRC Personnel Security Office personnel.

The NRC shall have complete control over approving, denying, withholding, or terminating IT Level II security access and building access approvals for individuals needing regular unescorted access to NRC’s sites under this contract.

While at NRC, all contract personnel shall wear their NRC-provided badge at all times and follow all NRC security procedures.

NRC-HQ-12-R-38-0093 Section C

C-1

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233- 1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies(or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

C-2

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-- Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

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(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

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(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti- Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

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(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 90 days.

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 90 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 90 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five

(5) years.

C.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

https://www.acquisition.gov/�

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(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g)…