Amendment_5_NRC-HQ-13-R-42-0157a_Feb_25_14.pdf

5. PROJECT NO.

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NO.

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED

PAGE OF

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC- KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 10-83)

is required to sign this document and return ___________ copies to the issuing office.is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(No., street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(If applicable)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

(X)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 5

0005 NRO-13-147

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

Mail Stop: TWB-01-B10M Washington, DC 20555

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

Washington, DC 20555

To all Offerors/Bidders NRC-HQ-13-R-42-0157a

12-03-2013 X

X

** HOUR & DATE for Receipt of Offers is EXTENDED to March 6, 2014 @ 1:00 p.m. EST

N/A

SEE CONTINUATION PAGES.

AMENDMENT No. 5 Solicitation NRC-HQ-13-R-42-0157a

The purpose of this amendment is to: (1) revise the proposal due date as well as the question submission date; (2) post the remaining questions and responses; and (3) post the revised solicitation. As such, the solicitation is revised to reflect the changes shown below.

SECTION 1: PROPOSAL DUE DATE and QUESTION DUE DATE

In block 9 of the Standard Form 33, the proposal due date is changed from 1:00 p.m., EST 02-05-2014 to 1:00 p.m. EST 03-06-2014.

All questions resulting from this solicitation amendment shall be submitted on or before 1:00 p.m. February 28, 2013.

SECTION 2: QUESTIONS AND RESPONSES

1. Question: We understand that NRC intends to make two or more contract awards under this procurement. Regarding the award of task orders under these contracts, RFP Section G.7 explains that “Each task order under this contract will be awarded on a competitive basis with the other enterprise-wide awardees.” We note that the scope of work of these awarded contracts (Section C.3 of the RFP) will be nearly identical to SOW Sections 3.1 through 3.5 of Solicitation No. NRC-HQ-13-R-42-0125, a small business set-aside procurement. How will NRC allocate work between the small business contract holder and the full and open contract holders in these overlapping areas? Will preference be given to the small business contractor?

Response: The NRC has changed its procurement approach. Hereafter, Solicitation No.

NRC-HQ-13-R-42-0125 is cancelled and the same work/scope has been migrated onto Solicitation No. NRC-HQ-13-R-42-0157a as a partial Small-Business set-aside. See changes in the RFP as incorporated by this Amendment.

2. Question: The estimated level of effort for this project (RFP Section L.9) is much larger than that in Solicitation No. NRC-HQ-13-R-42-0125. Will any task orders be designated specifically for full and open contractors and not for the small business contractor?

Response: Solicitation No. NRC-HQ-13-R-42-0125 is now cancelled and the work has been merged into Solicitation No. NRC-HQ-13-R-42-0157a, therefore to some extent the question is largely moot. The new structure and ordering procedures are laid out in the amended solicitation, which has been appended to this Amendment.

3. Question: In case a company is a prime bidder on one proposal and a subcontractor to a prime bidder on another proposal, please confirm that both such proposals would be eligible for award.

Response: Under that scenario, both proposals would be eligible for award.

4. Question: The procurement directs each offeror to provide information concerning its past performance and its corporate experience.1 Yet the procurement defines the requirements for past performance and corporate experience in nearly identical terms, including, for example, the list of attributes—such as contract number, type of work, dollar amount, and a brief description of the work—that each section is to contain.

Please provide some additional information and specific details to distinguish between the respective sections.

Response: To put things in simple terms, the distinction between the definitions of Past Performance vice Corporate Experience is that while the purpose of assessing Corporate Experience is to answer the question of “what did you do?” in contrast, the purpose of assessing Past Performance is to answer the question of “how well did you do it?”

5. Question: We believe that the fundamental distinction between past performance and corporate experience is that past performance seeks information concerning performance on specific contracts of similar size and scope, supported by objective evidence, that an offeror and its proposed subcontractors have performed. Corporate experience, on the other hand, seeks information concerning performance of specific contracts of similar size and scope by an offeror and its proposed subcontractors. Please confirm our understanding as part of NRC’s response to Question 1.

Response: See the response to the previous question.

6. Question: The procurement relies on the phrase “contracts similar in size and scope” throughout the Request for Proposals (RFP). The procurement also calls for technical support of as much as 915,000 hours over five years and as much as 244,000 hours in one year; the mean of the annually required technical support is 183,000 hours. Even the mean annually required technical support is equivalent to approximately 100 full time equivalent (FTEs) employees; the maximum annually required technical support is still more at approximately 135 FTEs. NRC, in our knowledge, has not issued or awarded a technical-support procurement of a similar size or scope, and similar technical-support, staff-augmentation contracts at agencies with similar missions—such as the Department of Energy, Defense Nuclear Facilities Safety Board, or Department of Defense—are exceedingly rare. Please clarify NRC’s intended meaning when it seeks information concerning “contracts similar in size and scope” when no such contracts have heretofore been awarded.

Response: In Amendment 5, references in the solicitation to “contracts similar in size and scope” are amended to delete references to size and will therefore read “contracts similar in scope.”

7. Question: The procurement includes “non-power reactors” as part of its scope of work and in its list of required technical disciplines and specialized technical areas. That discipline, however, is not included as part of § L.11, which sets out the required proposal format and information. The discipline, moreover, is not included on the list of specialized technical areas in § L.11 as it is in prior sections of the procurement. Please confirm whether NRC desires to include “non-power reactors” as part of its scope of work and in its list of specialized technical areas.

Response: Non-power reactors are included in the scope of work. Non-power reactor designs are listed in the specialized technical areas. Many of the other special technical areas overlap with both power and non-power reactors.

8. Question: The procurement directs that an offeror may propose only those individuals that possess “at least ten years direct nuclear power experience.” The procurement also seeks support in environmental impact assessment, cyber security, document management, knowledge and information management systems, text editing, text processing, and other disciplines that do not require nuclear experience as a predicate for proficiency. While this offeror possesses individuals having the desired skill sets coupled with nuclear experience, we believe a more cost-effective solution would be to relax the requirement for “direct nuclear power experience” when that experience is not a predicate for proficiency. We believe this fact is especially relevant given the unprecedented and large number of technical support hours this procurement seeks, which may unnecessarily increase cost if nuclear experience is a requirement. Will NRC relax the “direct nuclear power experience” requirement for those disciplines that do not require it as a predicate for proficiency, and, if so, please state with specificity those disciplines to which the requirement will be inapplicable?

Response: No, the requirement remains as stated.

9. Question: The procurement states that any resulting contract will be an indefinite delivery indefinite quantity (IDIQ) contract with a guaranteed minimum contract ceiling of $35,000. The procurement also states that the “number of personnel required will vary during the course of the contract” and that the estimated total quantity of technical support services will be 915,000 hours. The RFP thus sets a challenging expectation for an IDIQ contract coupled with an unprecedented demand for technical support hours coupled further with requirements for varying the number of personnel throughout the contract. A more efficient and economical cost proposal may be fashioned for requirements such as those set out in the procurement if an offeror is able to apply resource leveling throughout the contract term. Please estimate the number of task orders NRC expects to issue, and their anticipated gross value, throughout the term of the contract.

Response: Regarding the $35,000 figure: You are misinterpreting that figure. It is not, as you state a “minimum contract ceiling of $35,000.” $35,000 refers to the minimum guarantee under this contract. That refers to a minimum funding amount, not a minimum ceiling amount, under the contract. Regarding the request for an estimate of “the number of task orders NRC expects to issue, and their anticipated gross value, throughout the term of the Contract”: No specific number of task orders can be identified at this time. Priorities and funding will dictate the volume and types of technical assistance required over the term of the contract duration.

10. Question: The procurement’s scope of work includes support for operating reactors, new large light water reactors (LWRs), non-power reactors, and advanced reactors. Please state whether NRC expects to focus on which of the following:

• License extensions for operating reactors; or

• Technical issues and special inspections associated with operating reactors; or

• Small modular reactor licensing (including development of the requirements in NUREG-1800 and NUREG-0800 and review of license applications); or

• New, large LWR licensing; or

• Non-power reactors; or

• Other advanced reactors.

Response: The procurement will focus on all the technical areas listed, however, priorities will be established over time.

11. Question: The procurement for the Small Business Set-Aside included topical reports review within its scope of work as a specific activity for which technical support was sought.

The current procurement similarly refers to topical reports review in both the scope of work and the work requirements; however, it does not include the activity as one for which technical support is sought. Please state whether NRC considers topical reports review to be within the procurement’s scope of work and, if so, the weight of importance an offeror should apply to it.

Response: If this question was in reference to the SOW section entitled “Topical Reports Review,” the restructured RFP document clarifies that ambiguity by designating that part of the SOW (paragraph 3.6) as being reserved in the Small Business set-aside, and small business offerors. Non-small-business offerors will not be able to bid for or receive awards for task orders stemming from this paragraph of the SOW. Regarding the question of how much weight the offeror should apply to it: non-small-business offerors will not be able to receive this work, and small business offerors should be able to make their decisions with that knowledge in mind.

From the perspective of the Agency, the importance of topical reports will change over time as topical reports are identified for review.

12. Question: The procurement provides small business utilization goals as follows:

• 40% for small business

• 5% for small disadvantaged business

• 5% for woman owned small business

• 3% for veteran owned small business

• 3% for service disabled veteran owned small business

• 3% for HUBZone owned small business

Please clarify whether the small business goal is a total goal of 40% of which the small disadvantaged, woman owned, veteran owned, service disabled veteran owned, and HUBZone owned are components in their respective amounts equaling 19% of the total 40% or whether the 19% in small disadvantaged, etc. is in addition to the 40% small business goal.

Response: 40% is the overall goal for all Small Businesses, regardless of type. The other goals are subsets of that 40%, top-line Small Business goal, so that the 19% that you cited represents sub-category goals (small disadvantaged business, woman owned small business, etc…) that nest within the top-line 40% Small Business goal.

SECTION 3: SOLICITATION

In light of the fact that this solicitation has undergone significant changes since it was initially posted, a redlined PDFcopy of the solicitation has been attached to this announcement, so that the additions and deletions will be more readily apparent to all interested offerors.

Please also note that two additional attachments (Excel format) are posted with this amended solicitation: Section J Attachment 14 – Technical Skill Matrix and (NEW) Attachment 15 ApR-1400 Technical Skill Matrix.

(See attached pdf)

(End of Amendment No. 5)

1. THIS CONTRACT IS A RATED ORDER 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 3:00 p.m. EST 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: DUNS+4: 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 1 126143

NRC-HQ-13-R-42-0157 12/03/13 NRO-13-147 DATED 5/22/2013

X

U.S. Nuclear Regulatory Commission Div. of Contracts Attn: Mark Thompson Mail Stop: 3WFN/5C79 Washington, DC 20555

01-07-2014

Mark Thompson 301 287-0896 Mark.Thompson@nrc.gov

See Attached Table of Contents

X

X

X

X

X

X

X

X

X

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X

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U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission (NRC Payments) Div. of Contracts Mail Stop: 3WFN/5C79

Washington, DC 20555

One White Flint North, Mailstop 03-E17A 11555 Rockville Pike Rockville, MD 20852-2738

NRC-HQ-13-R-42-0157

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SF 33 SOLICITATION, OFFER AND AWARD

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

B.2 BRIEF DESCRIPTION OF WORK (AUG 2011) ALTERNATE I (AUG 2011)

B.3 TYPE OF CONTRACT………………………………………………………………………………7

B.4 CONSIDERATION AND OBLIGATION - TASK ORDERS (AUG 1989) ALTERNATE1

(J U N 1 9 9 1 …………………………………………………………………………………

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING (AUG 2011)

D.2 BRANDING (AUG 2012)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 DELIVERY SCHEDULE

F.3 PREPARATION OF TECHNICAL AND FINANCIAL REPORTS …………………………

F.4 PLACE OF DELIVERY--REPORTS (AUG 2011)

F.5 PERIOD OF PERFORMANCE (AUG 2011) ALTERNATE I (AUG 2011)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY

(NOVEMBER 2006)

G.2 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999)

G.3 2052.216-71 INDIRECT COST RATES-ALTERNATE 1 (JAN 1993)……………………

G.4 2052.216-72 TASK ORDER PROCEDURES (OCT 1999)

G.5 2052.216-73 ACCELERATED TASK ORDER PROCEDURES (JAN 1993)

G.6 ORDERING PROCEDURES FOR MULTIPLE-AWARD INDEFINITE-DELIVERY/

INDEFINITE-QUANTITY CONTRACTS (FEB 2013) G-4…………………………………..29

G.7 TASK ORDER PLACEMENT PROCEDURES

G.8 ELECTRONIC PAYMENT (JUN 2013)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 2052.204.70 SECURITY (MAR 2004)

H.2 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST

(JAN1993)

H.3 2052.215-70 KEY PERSONNEL (JAN 1993)

H.4 2052.242-70 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL

OPINIONS (AUG 2007)………………………………………………………………………

H.5 2052.242-71 PROCEDURES FOR RESOLVING NRC CONTRACTOR DIFFERING

PROFESSIONAL OPINIONS (OCT 1999)

H.6 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS CONVICTED OF DRUG

TRAFFICKING OR POSSESSION (AUG 2011)

H.7 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS (AUG 2011) 4441

H.8 COMPENSATION FOR ON-SITE CONTRACTOR PERSONNEL (AUG 2011)

H.9 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (AUG 2011) .. 4543

H.10 SECURITY REQUIREMENTS FOR ACCESS TO CLASSIFIED MATTER OR

INFORMATION (AUG 2011)

H.11 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (AUG 2011) ..............…4745

H.12 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORT(S) OR

THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND

GRANTS (AUG 2011)

H.13 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR

AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS

(AUG 2011)

H.14 GREEN PURCHASING (JUN 2011)

H.15 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC

PAYMENT/REMITTANCE ADDRESS (AUG 2011)

H.16 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (AUG 2011)

H.17 LICENSE FEE RECOVERY COSTS (AUG 2011)

H.18 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR

FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS

INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS

(AUG 2011)

H.19 SECURITY REQUIREMENTS FOR UNESCORTED ACCESS TO NUCLEAR

POWER PLANTS (SEP 2013)………………………………………………………………...49

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (FEB 2012)

I.3 52.216-18 ORDERING (OCT 1995)

I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

I.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

I.9 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEVIATION) (AUG 2012)……………………………………………58

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

I.11 52.249-14 EXCUSABLE DELAYS (APR 1984)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUN 2103)

K.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)……109

K.3 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT (OCT 1999)110

K.4 2052.209-71 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST

(REPRESENTATION) (OCT 2009)…………………………………………………………… 111

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCEL116112

L.2 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF

SUBCONTRACT EFFORT (OCT 2009)

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)

L.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)………………………………………………………………………………………113

L.6 2052.215-72 TIMELY RECEIPT OF PROPOSALS (OCT 1999)

L.7 2052.215-73 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (OCT

1999)

L.8 2052.215-74 DISPOSITION OF PROPOSALS (JAN 1993)

L.9 2052.216-70 LEVEL OF EFFORT (JAN 1993)

L.10 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE (JAN 1993)

L.11 PROPOSAL PRESENTATION AND FORMAT (SEP 2012) ALTERNATE I

(FOR NEGOTIATED COST TYPE TASK ORDER CONTRACTS AND INDIVIDUAL

COST-REIMBURSEMENT TASK ORDERS) (SEP 2012)………………………………..115

L.12 GREEN PURCHASING (JUN 2011)………………………………………………………….123

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 2052.215-79 CONTRACT AWARD AND EVALUATION OF PROPOSALS

(OCT 1999)

M.2 EVALUATION FACTORS FOR AWARD………………………………………………………125 135

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

PERIOD OF PERFORMANCE: Date of award through five (5) years.

Base Period of Performance – Years One (1) through five (5)

CLIN DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

COST

FIXED FEE TOTATAL COST PLUS

FIXED FEE

Contractor to provide Technical Assistance in accordance with section C:

DESCRIPTION/SPECIFICATIONS/

STATEMENT OF WORK

Total

Base Year Two

CLIN DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

COST

FIXED FEE TOTATL ESTIMATED

COST AND FIXED FEE

Base Year Three

SUPPLIES/SERVICES

ESTIMATED

COST

Base Year Four

SUPPLIES/SERVICES

ESTIMATED

COST

Base Year Five

SUPPLIES/SERVICES

ESTIMATED

COST

Total dollar amount for five years: $TBD__________________

B.2 BRIEF DESCRIPTION OF WORK (AUG 2011) ALTERNATE I (AUG 2011)

(a) The title of this project is: Technical Assistance in Support of Agency Environmental and Reactor Programs

(b) Summary work description: The Contractors under this multiple-holder Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract, also referred to as “IDIQ holders,” shall provide support in a wide range of technical and scientific disciplines, in accomplishing work related activities aimed at ensuring the overall safety, security and adequacy of nuclear power plant design, construction, operations and environmental protection.

(c) This requirement has two parts. The first part is an unrestricted requirement, and the second part is a Small Business set-aside. These two sections are differentiated from each other as indicated in the Section C SOW, as well as in the Level of Effort (LOE) tables set forth in Section L.9 2052.216-70 LEVEL OF EFFORT (JAN 1993). The LOE table in Section L.9(a) applies to the Unrestricted part of the RFP, and the LOE table in Section L.9(b) applies to the Small Business set-aside.

(c) For both the unrestricted as well as the Small Business set-aside part of this requirement, Task Orders will be issued for work in accordance with the following provisions: G.4 2052.216-72 -Task Order Procedures; G.5 - 2052.216-73 Accelerated Task Order Procedures; G.6 - Ordering Procedures for Multiple-Award Indefinite- Delivery/Indefinite-Quantity Contracts; G.7 - Task Order Placement Procedures; I.3 52.216-18 - ORDERING. Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this contract. The provisions of this contract shall govern all orders issued hereunder.

B.3 TYPE OF CONTRACT

Cost Plus Fixed Fee, This contract is a multiple-holder Indefinite Delivery, Indefinite Quantity (IDIQ) Task Ordering type contract. The Agency anticipates that most task orders issued on this IDIQ will be Cost Plus Fixed Fee-type orders, however the Agency reserves the right to issue other types of task order types off of this IDIQ.

B.4 NRCB044 CONSIDERATION AND OBLIGATION-INDEFINITE-QUANTITY CONTRACT (AUG 2011)

(a) For the unrestricted part of this IDIQ contract, theThe estimated total quantity of this contract for the products/services under this contract is 915,000 hours. For the Small Business set-aside part of this IDIQ contract, the total quantity of this IDIQ contract for the products/services under this contract is 238,500 hours.

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

(c) For both parts of this IDIQ contract (unrestricted as well as Small business set-aside), theThe minimum guarantee for each awardee under this contract is $35,000.00.

(d) The For each awardee, the obligated amount for this contract will be the minimum guaranteed amount of $35,000.00 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.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

IDIQ CONTRACT STATEMENT OF WORK

TITLE: Technical Assistance in Support of Agency Environmental and Reactor Programs

JCNs: To be assigned with each task order

B&R Numbers: To be assigned with each task order

TAC Numbers: To be assigned to each task order

Contracting Officer (CO): To be assigned

Contracting Officer Representative (COR): See Section G.1

Alternate Contracting Officer Representative (COR): See Section G.1

1.0 BACKGROUND

U. S. Nuclear Regulatory Commission (NRC) regulates the licensing, construction and operation of commercial nuclear power and non-power facilities. The Office of New Reactors (NRO) and Office of Nuclear Reactor Regulation (NRR) with support from the Office of Nuclear Security and Incident Response (NSIR) serves the public interest by enabling the safe, secure, and environmentally responsible use of nuclear power in meeting the nation's energy and research needs. The activities for reactors include reviews of applications for reactor design certifications (DCs), early site permits (ESP), combined license (COL) applications, environmental reviews, reactor pre-application activities, limited work authorizations (LWA), construction permits (CP), operating licenses (OL), license actions (i.e.

amendments, relief requests, and exemptions), oversight, and staff infrastructure development. The Office of Federal and State Materials and Environmental Programs are responsible for fuel cycle facilities, uranium recovery facilities, independent spent fuel storage installations (ISFSI’s), materials licensees, spent fuel storage casks, and decommissioning sites. These activities include preparing EISs, SEISs, EAs, and SERs; and in conducting consultation activities and environmental and safety analyses and performing NEPA reviews for other agencies

NRC anticipates the continued review of COL applications and operating and renewal reactor licensing actions over the next several years as well as a variety of applications for small modular reactors (SMRs). Due to the volume of new and advanced reactor applications as well as licensing actions for operating reactors commercial contractor resources are needed to augment staff resources. Similarly, NSIR seeks support in security including, but not limited to: physical security, cyber security, access authorization, fitness for duty, materials control and accounting security, transportation security, independent spent fuel storage installation security and support in emergency preparedness.

NUREG-0800, A Standard Review Plan for the Review of Safety Analysis Report for Nuclear Power Plants, exists for the guidance of staff reviewers for performing safety reviews of applications to construct or operate nuclear power plants and the review of applications to approve standard designs and sites for nuclear power plants. The principal purpose of the Standard Review Plan (SRP) is to assure the quality and uniformity of staff safety reviews. It is also the intent of the SRP to make information about regulatory matters widely available and to improve communication between the NRC, the nuclear power industry, and interested members of the public, thereby increasing understanding of the review process.

NUREG-1800,”The Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants” (SRP-LR), provides guidance to Nuclear Regulatory Commission (NRC) staff reviewers in the Office of Nuclear Reactor Regulation (NRR). These reviewers perform safety reviews of applications to renew nuclear power plant licenses in accordance with Title 10 of the Code of Federal Regulations (CFR) Part 54. Consistent with NUREG-0800 the principal purposes of the SRP-LR are to ensure the quality and uniformity of staff reviews and to present a well-defined base from which to evaluate applicant programs and activities for the period of extended operation. In addition, there are a variety of regulatory guides available to support the review process.

An Environmental Safety Review Plan (NUREG-1555), “Standard Review Plans for Environmental Reviews for Nuclear Power Plants: Environmental Standard Review Plan [ESRP]” is prepared for the guidance of staff reviewers in performing environmental reviews of applications related to nuclear power plants. The ESRPs are companions to regulatory guides that address siting and environmental issues. As with NUREG-0800 and NUREG-1800 the purpose of the ESRP is to assure the quality and uniformity of environmental reviews.

NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs provides general procedures for the environmental review of licensing actions.

NUREG-1910, Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities through the Atomic Energy Act of 1954 and the Uranium Mill Tailings Radiation Control Act of 1978 authorize the NRC to issue licenses for the possession and use of source material and byproduct material. These statutes require NRC to license facilities that meet NRC regulatory requirements that were developed to protect public health and safety from radiological hazards. In-situ leach (ISL) uranium recovery facilities must meet NRC regulatory requirements in order to obtain a source material license to operate.

NUREG-1569, Standard Review Plan for In Situ Leach Uranium Extraction License Applications provides guidance in performing safety and environmental reviews of applications to develop and operate uranium in situ leach facilities. It provides guidance for new license applications, renewals, and amendments. The principal purpose of the standard review plan is to assure the quality and uniformity of staff reviews and to present a well-defined base from which to evaluate changes in the scope and requirements of a review.

NUREG-1623, Design of Erosion Protection for Long-Term Stabilization presents a series of methods, guidelines, and procedures that are considered by the staff to be acceptable for designing erosion protection at uranium mill tailings sites in accordance with the requirements of 10 CFR Part 40, Appendix A (Title II sites) and 40 CFR Part 192 (Title I sites).. Guidance is presented for the design of soil covers, slopes and swales; sacrificial soil outslopes; and rock riprap for slopes, channels, aprons, outlets, and stream banks. Guidance is also presented for methods to determine sediment yield and for acceptable construction specifications.

2.0 2.0 CONTRACT STRUCTURE AND OBJECTIVES

a. IDIQ Structure: This contract is set up as an IDIQ contract with an unrestricted part and a small business set-aside part. Both parts of this IDIQ contract, the unrestricted part as well as the Small Business set-aside, are structured to accommodate multiple holders. For the unrestricted part of the IDIQ, the agency expects to make awards to up to four (4) awardees, with a shared unrestricted IDIQ ceiling. For the small business set-aside part of the IDIQ, the agency expects to make awards to up to four (4) small businesses, with a shared small business set-aside IDIQ ceiling.

b. Unrestricted IDIQ Holders: Under this structure, for IDIQ award, unrestricted offerors are to submit cost and technical proposals for the entire SOW of this IDIQ, as set forth in Section J, with the exception of SOW paragraphs 3.6 - TOPICAL REPORTS REVIEW, 3.7 - APR-1400 DESIGN CENTER, AND 3.8 - FSME Environmental Support, which will be set aside for small businesses. The term “unrestricted” shall include large businesses, universities, nonprofits, and Small Businesses under Federal procurement law, proposing as the prime contractor. Subsequent to receipt of basic IDIQ awards, unrestricted IDIQ holders who are not small businesses will be precluded from receiving task order relating to those SOW paragraphs reserved for Small Business IDIQ Holders as defined in the next paragraph, but otherwise will be eligible to compete for task orders issued off of the remainder of the IDIQ SOW subject to the limitations stated in this RFP, as applicable.

These rules are addressed in greater detail in Section G.6 - Ordering Procedures for Multiple-Award Indefinite- Delivery/Indefinite-Quantity Contracts. Unrestricted offerors submitting proposals for the unrestricted section of the RFP shall reference the LOE table in Section L.9(a).

c. Small Business IDIQ Holders: Small Businesses seeking to propose under the Small Business set-aside part of this RFP are to submit proposals addressing only the sections of the SOW which are set-aside for Small Business. The sections of the SOW that are set-aside for Small Businesses are as follows: 3.6 - TOPICAL REPORTS REVIEW, 3.7 - APR-1400 DESIGN CENTER, AND 3.8 - FSME Environmental Support. Small Business offerors submitting proposals for only the Small Business set-aside shall reference the LOE table in Section L. 9(b), and to include in their technical proposals the Section J 14 Skillset Matrix, as well as the Section J 15 APR-1400 Skillset Matrix, which is applicable specifically to SOW paragraph 3.7. Other-than-small-business holders under the unrestricted part of the IDIQ will be precluded from competing on or receiving task orders relating to SOW paragraphs 3.6, 3.7, and 3.8. These rules are addressed in greater detail in Section G.6 - Ordering Procedures for Multiple-Award Indefinite-Delivery/Indefinite-Quantity Contracts.

d. NRC Technical Offices to be Supported: This IDIQ is intended to be an agency-wide contract vehicle.

a.e. Objectives: The Contractor shall provide qualified, competent, and fully trained personnel to perform the required technical assistance and support services under this contract. The contractor is not involved in the determination of NRC policy.

3.0 SCOPE OF WORK

The Contractors shall provide support in a wide range of technical and scientific disciplines, in accomplishing work related activities aimed at ensuring the overall safety, security and adequacy of nuclear power plant design, construction, operations and environmental protection.

The scope of work involves placement of task orders. Specific performance standards are delineated in Section C 56.0, Performance Standards.

3.1 PRE-APPLICATION

a. Requirements: The Contractor shall provide technical assistance in the review of design-specific and other documentation reports, (e.g., technical reports, “white papers,” preliminary system designs or features, programmatic plans) in support of DC, ESP, COL, CP, OL and environmental review activities for new and advanced reactors. These assistance requirements may include topical report review; acceptance review;

COL application template development, Construction Inspection Procedure program interface and support;

NUREG 0800, 10 CFR Parts 50 and/or 52 rulemaking and other rulemaking, as necessary; and interactions with stakeholders through communication plans and public meetings.

b. Deliverables: The Contractor shall develop documentation to address their comments and submit written reports as required to state findings. This documentation will be provided to the Contracting Officer Representative (COR) as stated in the individual task orders.

c. Acceptance Criteria: Any written comments or requests for additional information (RAIs) on the documents reviewed shall be delivered in the required format and quality guidelines, within the schedule established, and accepted by the COR.

d. Additional Guidance and/or References: The Contractor shall reference Section H, paragraph H.1, H.10, H.18 and Section C paragraph 7.0 regarding access controls for sensitive information

3.2 LICENSING SUPPORT

a. Requirements: The Contractor shall provide technical assistance in the review of numerous interrelated licensing activities supporting operating reactors, new large light water reactors, non-power reactors and advanced reactors.

These technical assistance activities include:

Review of Design Certifications by supporting an acceptance review, a technical review, and a rulemaking to certify the design. This will require reviewing design information with Inspections, Tests, Analyses and Acceptance Criteria (ITAAC), postulated site parameters, interface requirements, resolution of severe accident issues, and testing requirements.

Review of documentation in support of Design Approval activities. Assistance includes performance of acceptance reviews, technical reviews, reviews of final design information with ITAAC, postulated site parameters, interface requirements, resolution of severe accident issues, testing requirements, as necessary, for the NRC to certify the design; and other related activities. DA submittals to be reviewed may include either a complete design or major portions of a complete design.

Review of documentation in support of Manufacturing License activities. Assistance includes performance of acceptance reviews, technical reviews, rulemaking support, review of Applicant organizational and technical qualifications, programmatic plans, reviews of preliminary and final safety analysis reports, reviews necessary to verify that manufacturing activities comply with design requirements; and other related activities.

Review of the safety and environmental portion of new reactor licensing applications. These reviews include preparation of environmental impact statements (EISs), interfacing with applicants, coordination with state and federal agencies, and supporting public meetings and site audits. Also the contractor shall support the safety and environmental portion of the mandatory hearing on new reactor licensing; site safety reviews; emergency preparedness reviews; evacuation time estimates; environmental protection reviews; environmental assessments for DCs and other new reactor rulemaking activities.

Review of the safety and environmental portion of Small Modular Reactor (SMR) licensing applications. These include reviews of applicant preliminary and final safety and environmental reports, development of safety and environmental assessments, assistance in preparation of EIS, interfacing with applicants, coordination with state and federal agencies, and supporting public meetings and site audits. Also, the contractor shall support the safety and environmental portion of the mandatory hearing on SMR licensing and other related rulemaking activities as-needed.”

Review of documentation in support of Limited Work Authorization/Construction Permit activities under 10 CFR Part 50. These assistance requirements include reviews of applicant organizational, technical, and financial qualifications, construction and fuel cycle cost estimates, programmatic plans, preliminary safety analysis reports, plans for redress of activities performed under the LWA; and other related activities.

Review of documentation in support of LWA/ESP activities under 10 CFR Part 52. These assistance requirements include reviews of applicant organizational, technical, and financial qualifications, programmatic plans, preliminary safety analysis reports, site safety and security analysis reports, plans for redress of activities performed under the LWA; and other related activities.

Review of documentation in support of Operating License activities. These assistance requirements may include reviews of applicant organizational, technical, and financial qualifications, operating cost estimates, design acceptability, operational programs, site safety and security, final/updated safety analysis reports, design verification, construction permit and other related activities.

Review of COLs for new and advanced reactors. It is noted that the COL may reference an ESP, a standard DC, both, or neither. The Contractor will support the necessary reviews to resolve all safety, security and environmental issues to allow the NRC to authorize construction and conditional operation including ITAAC and license amendments. The Contractor shall also review financial qualifications, decommissioning funding assurances, need for power, capitalization, support design acceptance criteria (DAC), emergency preparedness and security requirements for the COL.

Review of the safety, security and environmental portions of operating reactors licensing, license renewal, or topical report applications. The review may consist of a portion, or the entire contents of an application. The Contractor shall support the required reviews to resolve all safety, security and/or environmental issues to allow the NRC to authorize approval of the operating reactor licensing or license renewal request. The tasks may involve: an acceptance review of the application; preparation of input for a safety evaluation, an environmental assessment, and/or an EIS, including RAIs; coordination with state and federal government agencies and Indian Tribes; support of public meetings, participation in site audits, support of ACRS presentations; and other associated tasks.

Provide technical assistance to aid development and implementation of policies, processes, and guidance documents associated with review and approval of licensing and license renewal applications, as well as pre-application activities, staff and management interactions with industry, internal reporting requirements, and interfacing with stakeholders.

b. Deliverables: Detailed deliverable requirements and schedules will be provided in individual task orders. The

Contractor shall submit the required documentation to the COR. Any RAI and Technical Evaluation Reports (TER) generated as a result of these reviews will be provided to the COR for processing.

c. Acceptance Criteria: Written comments or reports, evaluation inputs, RAIs, or TER inputs shall be delivered in the required format and quality guidelines within the schedule established, and accepted by the COR.

d. Additional Guidance and/or References: The Contractor shall comply with10 CFR Parts 50, 51, 52, 54 in order to support the safety, security and environmental reviews. The Contractor shall comply with NUREG- 0800, “Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,” NUREG-1437 “Generic Environmental Impact Statement for License Renewal of Nuclear Plants,” NUREG-1555 “Standard Review Plans for Environmental Reviews for Nuclear Power Plants: Environmental Standard Review Plan,” NUREG-1800 “Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants, ” NUREG-1801 “Generic Aging Lessons Learned (GALL) Report,” and the following NRR Office Instructions (LIC 101 – License Amendment Review Procedures, LIC 102 – Relief Request Reviews, LIC 103 – Exemption from NRR Regulations, LIC 109 – Acceptance Review Procedures, LIC 201 – NRR Support to the Hearing Process, LIC 203 – Procedural Guidance for Preparing Environmental Assessments and Considering Environmental Issues, LIC – 600 Review of Technical Specifications Task Force Travelers and Creation of CLIIP Model Applications), as necessary, to support the safety and environmental reviews. Also any applicable Design Specific Review Standards (DSRS) provided by the NRC (the DSRS will be unique for each SMR design; and performs the reference function provided by NUREG 0800 in previous safety reviews).

The Contractor shall reference Section H, paragraph H.1, H.10, H.18 and Section C paragraph 7.0 regarding access controls for sensitive information.

3.3 OVERSIGHT

a. Requirements: The Contractor shall provide technical assistance in the review of numerous interrelated oversight activities supporting operating reactors, new large light water reactors, non-power reactors and advanced reactors during all phases of the lifecycle from construction through operation. The activities associated with oversight include: quality assurance, vendor inspections, plant inspections, assessment and enforcement, operator licensing, preoperational/start-up testing, nondestructive examination and inspections, tests, analyses and acceptance criteria (ITAAC).

b. Deliverables: Detailed deliverable requirements and schedules will be provided in individual task orders. The

Contractor shall submit the required documentation to the COR. Any RAI and Technical Evaluation Reports

c. Acceptance Criteria: Written comments or reports, evaluation inputs, RAIs, or TER inputs shall be delivered in the required format and quality guidelines within the schedule established, and accepted by the COR.

d. Additional Guidance and/or References: The Contractor shall utilize the appropriate Inspection Manual Chapters (IMCs) to support any…