Combined_Synopsis-Solicitation.pdf

NRC-HQ-20-14-R-0003

TITLE: TECHNICAL ASSISTANCE TO SUPPORT NRC REVIEW OF NRC FORM 396,

CERTIFICATION OF MEDICAL EXAMINATION BY FACILITY LICENSEE

(I) This is a combined synopsis/solicitation for commercial services and items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and of FAR Part 13.5 Test Program for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

(II) The solicitation number is NRC-HQ-20-14-R-0003 and is issued as a Request for Proposal

(RFP).

(III) The incorporated provisions and clauses are those in effect through the Federal Acquisition

Circular (FAC) 2005-72.

(IV) The North American Industrial Classification System (NAICS) code for this procurement is 621111 with a small business size standard of $10 Million.

(V) The Nuclear Regulatory Commission intends to award a hybrid firm-fixed price/labor-hour contract line item (CLIN) contract. The price/cost section of this solicitation is intended to be used to award an individual firm-fixed price/labor-hour contract. The contract estimated period of performance is a 5-year base period (October 1, 2014 – September 30, 2019).

The following is the pricing schedule which list the Contract Line Items (CLINS).

B.3 PRICE/COST SCHDULE

(a) “CLIN” means Contract Line Item Number

Price Schedule for Year One: October 1, 2014 – September 30, 2015

CLIN Description Task Rate

Unit Max Quantity Ceiling

0001 Labor Hour - Task 2:

Physician review of NRC Form 396 Medical Evidence Review

$ per review

EA 750 $

CLIN Description Price Per Unit

Unit Qty. Total Firm Fixed Price

0002 Fixed Price - Task 3:

Physician for Medical Opinion When Requested by

NRC

EA 5 $

0003 Fixed Price - Task 4:

Monthly Letter Status Report

EA 12 $

Estimated Total for Year One $

Price Schedule for Option Tasks One: October 1, 2014 – September 30, 2015

CLIN Description Price Per Unit

Unit Qty. Total Firm Fixed Price

0004 Option Task 5: Fixed Price - One Physician for Annual Contract Status Meeting (Not to exceed 3 hours)

LOT 1 $

CLIN Description Rate Unit Max Quantity Ceiling

0005 Option Task 6: Two Physicians for Conference Participation (NRC Approval)

HR 64 $

Estimated Total for Option Tasks $

Estimated Total for Year One and Option Tasks $

Price Schedule for Year Two: October 1, 2015 – September 30, 2016

Rate

Unit Max Quantity Ceiling

0006 Labor Hour - Task 2:

Physician review of NRC Form 396 Medical Evidence Review

$ per review

EA 750 $

CLIN Description Price Per Unit

Unit Qty. Total Firm Fixed Price

0007 Fixed Price - Task 3:

Physician for Medical Opinion When Requested by

NRC

EA 5 $

0008 Fixed Price - Task 4:

Monthly Letter Status Report

Estimated Total for Year Two $

Price Schedule for Option Tasks Two: October 1, 2015 – September 30, 2016

Per Unit

Unit Qty. Total Firm Fixed Price

0009 Option Task 5: Fixed Price - One Physician for Annual Contract Status Meeting (Not to exceed 3 hours)

LOT 1 $

CLIN Description Rate Unit Max Quantity Ceiling

0010 Option Task 6: Two Physicians for Conference Participation (NRC Approval)

HR 64 $

Estimated Total for Year Two and Option Tasks $

Price Schedule for Year Three: October 1, 2016 – September 30, 2017

Rate

Unit Max Quantity Ceiling

0011 Labor Hour - Task 2:

Physician review of NRC Form 396 Medical Evidence Review

$ per review

EA 750 $

CLIN Description Price Per Unit

Unit Qty. Total Firm Fixed Price

0012 Fixed Price - Task 3:

Physician for Medical Opinion When Requested by

NRC

EA 5 $

0013 Fixed Price - Task 4:

Monthly Letter Status Report

Estimated Total for Year Three $

Price Schedule for Option Tasks Three: October 1, 2016 – September 30, 2017

Per Unit

Unit Qty. Total Firm Fixed Price

0014 Option Task 5: Fixed Price - One Physician for Annual Contract Status Meeting (Not to exceed 3 hours)

LOT 1 $

CLIN Description Rate Unit Max Quantity Ceiling

0015 Option Task 6: Two Physicians for Conference Participation (NRC Approval)

HR 64 $

Estimated Total for Year Three and Option Tasks $

Price Schedule for Year Four: October 1, 2017 – September 30, 2018

Rate

Unit Max Quantity Ceiling

0016 Labor Hour - Task 2:

Physician review of NRC Form 396 Medical Evidence Review

$ per review

EA 750 $

CLIN Description Price Per Unit

Unit Qty. Total Firm Fixed Price

0017 Fixed Price - Task 3:

Physician for Medical Opinion When Requested by

NRC

EA 5 $

0018 Fixed Price - Task 4:

Monthly Letter Status Report

Estimated Total for Year Four $

Price Schedule for Option Tasks Four: October 1, 2017 – September 30, 2018

Per Unit

Unit Qty. Total Firm Fixed Price

0019 Option Task 5: Fixed Price - One Physician for Annual Contract Status Meeting (Not to exceed 3 hours)

LOT 1 $

CLIN Description Rate Unit Max Quantity Ceiling

0020 Option Task 6: Two Physicians for Conference Participation (NRC Approval)

HR 64 $

Estimated Total for Year Four and Option Tasks $

Price Schedule for Year Five: October 1, 2018 – September 30, 2019

Rate

Unit Max Quantity Ceiling

0021 Labor Hour - Task 2:

Physician review of NRC Form 396 Medical Evidence Review

$ per review

EA 750 $

CLIN Description Price Per Unit

Unit Qty. Total Firm Fixed Price

0022 Fixed Price - Task 3:

Physician for Medical Opinion When Requested by

NRC

EA 5 $

0023 Fixed Price - Task 4:

Monthly Letter Status Report

Estimated Total for Year Five $

Price Schedule for Option Tasks Five: October 1, 2018 – September 30, 2019

Per Unit

Unit Qty. Total Firm Fixed Price

0024 Option Task 5: Fixed Price - One Physician for Annual Contract Status Meeting (Not to exceed 3 hours)

LOT 1 $

CLIN Description Rate Unit Max Quantity Ceiling

0025 Option Task 6: Two Physicians for Conference Participation (NRC Approval)

HR 64 $

Estimated Total for Year Five and Option Tasks $

Contract Travel Estimate – 5 Year Period of Performance

CLIN Category Total Est.

Cost

0026 Travel (Cost Reimbursement) The government will pay up to the rates specified in the Government Federal Travel Regulations (FTR) for travel destination. NO PAYMENT WILL BE MADE WITHOUT BACKUP DOCUMENTATION/RECEIPTS. *All travel must be approved in advance by the NRC COR.*

$19,654.00

Estimated Travel Total $19,654.00

The solicitation will be available through the FedBizzOpps website at https://www.fbo.gov, and through FedConnect at https://www.fedconnect.net. All interested offerors shall be registered in FedConnect in order to be able to submit a quote. All future information regarding this acquisition, including solicitation amendments, will be distributed solely through FedConnect website and FedBizzOpps website. The solicitation document and its related documents, as appropriate, will be posted at these websites; therefore, interested parties shall not send letters, e-mails, or faxes requesting copies of the RFP. Accordingly, telephoned, mailed, e-mailed, or faxed requests will not be honored. Interested parties shall be responsible for monitoring the FedConnect website and the FedBizzOpps website to assure that they have the most up-to-date information regarding this acquisition. The Government shall not reimburse interested parties for any costs associated with responding to this solicitation.

(VI) Statement of Work

The contractor shall provide medical technical assistance from a licensed physician to support the NRC in the administration of NRC Form 396, “Certification of Medical Examination by Facility Licensee,” when a conditional license may be required based on medical evidence. The contractor shall also provide medical opinions when medical questions are raised that only a licensed physician is qualified to answer as described on the attached Statement of Work. See Attachment 1

(VIII) The provision at 52.212-1, Instructions to Offerors—Commercial Items, applies to this acquisition.

ADDENDUM TO PROVISION 52.212-1 – PROPOSAL SUBMISSION INSTRUCTIONS

This addendum replaces paragraph (b) in provision 52.212-1.

(b) Submission of proposals. Submit signed and dated proposals to the email address specified in this solicitation so that they are received at that email address at or before the exact time specified in this solicitation.

As a minimum, proposals must include—

(1) The solicitation number;

(2) The name, address, and telephone number of the offeror;

(3) The following proposal volumes as separate electronic documents:

Volume Contents Format

I. Technical Proposal and Past Performance Information Volume

Technical Proposal and Past Performance Information

Electronic, via email (must be submitted in a format that is readable by either Microsoft Word or Adobe) https://www.fbo.gov/ https://www.fedconnect.net/ https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179124

Volume Contents Format

II. Business Volume Cost/Price Information

Electronic, via email (must be submitted in a format that is readable by Microsoft Excel)

TECHNICAL AND MANAGEMENT APPROACH

Offerors shall provide a program management plan that clearly describe the offeror’s approach to managing the effort describe in the SOW. Offerors shall describe the proposed technical approach in providing medical reviews and medical opinions based on medical evidence and or accepted medical practices. Offerors shall also describe your project management approach, including the management and administrative controls your organization will employ to meet the cost, performance, and schedule requirements of the effort.

PERSONNEL QUALIFICATIONS/EXPERIENCE & AVAILABILITY

The offeror shall identify the proposed medical reviewer personnel to be dedicated to the effort. The Offeror shall demonstrate to the NRC that the proposed personnel have the requisite qualifications and experience to successfully perform the effort as described in the statement of work for this solicitation.

PAST PERFORMANCE

The offeror should provide relevant past performance information on contracts performed or completed within the past 3 years that are similar in scope to the Statement of Work and dollar value. The offeror may include letters of achievements, performance awards or commendations, and any other information bearing on the offeror’s performance record on recent and relevant contracts. Offerors shall list and discuss all prior contracts terminated for default, and whether any show cause letters, cure notices, or poor performance letters have been received. If offerors have not had a prior contract terminated for default, and have not received any show cause letters, cure notices, or poor performance letters, they should state that none have been received.

COST/PRICE

The Government will evaluate the offered cost/price based on the proposed firm fixed price and total ceiling for all 5-years and will also evaluate the fully burden fixed-hourly labor rate for each proposed labor category and their proposed cost/price to complete the services over the 5-years. The Government may perform the right to do a cost realism analysis.

(1) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (2) Acknowledgment of Solicitation Amendments;

(XI) The clause 52.212-4 and 52.212-4 Alternate I, Contract Terms and Conditions—Commercial Items, applies to this acquisition.

(a) Addendum to 52.212-4

The following addendum is added as addendum to 52.212-4:

https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179465

C.7 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

(a) “Cancellation,” as used in this clause, means that the Government is canceling its requirements for all supplies or services in program years subsequent to that in which notice of cancellation is provided. Cancellation shall occur by the date or within the time period specified in the Schedule, unless a later date is agreed to, if the Contracting Officer—

(1) Notifies the Contractor that funds are not available for contract performance for any subsequent program year; or

(2) Fails to notify the Contractor that funds are available for performance of the succeeding program year requirement.

(b) Except for cancellation under this clause or termination under the Default clause, any reduction by the Contracting Officer in the requirements of this contract shall be considered a termination under the Termination for Convenience of the Government clause.

(c) If cancellation under this clause occurs, the Contractor will be paid a cancellation charge not over the cancellation ceiling specified in the Schedule as applicable at the time of cancellation.

(d) The cancellation charge will cover only— (1) Costs— (i) Incurred by the Contractor and/or subcontractor; (ii) Reasonably necessary for performance of the contract; and (iii) That would have been equitably amortized over the entire multi-year contract period but, because of the `cancellation, are not so amortized; and (2) A reasonable profit or fee on the costs.

(e) The cancellation charge shall be computed and the claim made for it as if the claim were being made under the Termination for Convenience of the Government clause of this contract.

The Contractor shall submit the claim promptly but no later than 1 year from the date—

(1) Of notification of the nonavailability of funds; or

(2) Specified in the Schedule by which notification of the availability of additional funds for the next succeeding program year is required to be issued, whichever is earlier, unless extensions in writing are granted by the Contracting Officer.

(f) The Contractor’s claim may include—

(1) Reasonable nonrecurring costs (see Subpart 15.4 of the Federal Acquisition Regulation) which are applicable to and normally would have been amortized in all supplies or services which are multi-year requirements;

(2) Allocable portions of the costs of facilities acquired or established for the conduct of the work, to the extent that it is impracticable for the Contractor to use the facilities in its commercial work, and if the costs are not charged to the contract through overhead or otherwise depreciated;

(3) Costs incurred for the assembly, training, and transportation to and from the job site of a specialized work force; and http://www.acquisition.gov/far/html/Subpart%2015_4.html#wp1208365

(4) Costs not amortized solely because the cancellation had precluded anticipated benefits of Contractor or subcontractor learning.

(g) The claim shall not include— (1) Labor, material, or other expenses incurred by the

Contractor or subcontractors for performance of the canceled work; (2) Any cost already paid to the Contractor;

(3) Anticipated profit or unearned fee on the canceled work; or (4) For service contracts, the remaining useful commercial life of facilities. “Useful commercial life” means the commercial utility of the facilities rather than their physical life with due consideration given to such factors as location of facilities, their specialized nature, and obsolescence.

(h) This contract may include an Option clause with the period for exercising the option limited to the date in the contract for notification that funds are available for the next succeeding program year. If so, the Contractor agrees not to include in option quantities any costs of a startup or nonrecurring nature that have been fully set forth in the contract. The Contractor further agrees that the option quantities will reflect only those recurring costs and a reasonable profit or fee necessary to furnish the additional option quantities.

(i) Quantities added to the original contract through the Option clause of this contract shall be included in the quantity canceled for the purpose of computing allowable cancellation charges.

(End of clause)

C.8 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 15 days.

C.10 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

(a) Definitions. As used in this clause—

“Controlled substance” means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR

1308.11 - 1308.15.

“Conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

“Criminal drug statute” means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

“Drug-free workplace” means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

“Employee” means an employee of a Contractor directly engaged in the performance of work under a Government contract. “Directly engaged” is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.

“Individual” means an offeror/contractor that has no more than one employee including the offeror/contractor.

(b) The Contractor, if other than an individual, shall—within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration—

(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establish an ongoing drug-free awareness program to inform such employees about—

(i) The dangers of drug abuse in the workplace;

(ii) The Contractor’s policy of maintaining a drug-free workplace;

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+2+58++%2821%29%20%20AND%20%28%2821%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(iii) Any available drug counseling, rehabilitation, and employee assistance programs;

and

(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by paragraph (b)(1) of this clause;

(4) Notify such employees in writing in the statement required by paragraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will—

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction;

(5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

(6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Taking appropriate personnel action against such employee, up to and including termination; or

(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

(7) Make a good faith effort to maintain a drug-free workplace through implementation of paragraphs (b)(1) through (b)(6) of this clause.

(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract.

(d) In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment.

(End of clause)

C.11 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING. (AUG 2011)

(a) Definitions. As used in this clause -

"Driving" - (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

http://www.acquisition.gov/far/html/Subpart%2023_5.html#wp1086910

"Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009.

(c) The Contractor is encouraged to -

(1) Adopt and enforce policies that ban text messaging while driving -

(i) Company-owned or rented vehicles or Government-owned vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as -

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.

C.12 52.224-1 PRIVACY ACT NOTIFICATION. (APR 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

C.13 52.224-2 PRIVACY ACT. (APR 1984)

(a) The Contractor agrees to -

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies -

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function.

For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

C.14 52.232-1 PAYMENTS. (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if—

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or

50 percent of the total contract price.

C.15 52.233-3 PROTEST AFTER AWARD. (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

C.16 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (MAY 2014)

(a) Definitions. As used in this clause-

Commercial item has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L.

111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C.

4212(a));

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.

7104(g)).

(ix) 52.225-26, Contractors PerformingPrivate Security Functions Outside the United States JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

C.17 2052.215-70 KEY PERSONNEL. (JAN 1993)

As prescribed at 2015.209-70(a)(1), the contracting officer shall insert in solicitations and contracts the following clause as applicable to the requirement:

(a) The following individuals are considered to be essential to the successful performance of the work hereunder:

[TBD]

The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.

(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

(End of Clause)

C.18 2052.216-70 LEVEL OF EFFORT (JAN 1993)

The NRC's estimate of the total effort for this project is approximately 1435 for the entire 5 year contract or 287 per year staff-hours for the duration of this contract. The hours estimated below are based on an historical average of approximately 725 NRC Form 396 medical reviews per year. This information is advisory and is not to be considered as the sole basis for the development of the staffing plan.

Tasks Estimated Level of Effort

Contract Kickoff Meeting 3 hours Conduct NRC Form 396, “Certification of Medical Examination by Facility Licensee,” Medical Evidence Review

200 hours per year.

Provide Medical Opinion When Requested by NRC

5 hours per year

Monthly Letter Status Report 12 hours per year

Annual Contract Status Meeting and Final Contract Briefing

3 hours per year

Conference Participation 64 hour per year

C.19 NRCI020 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973,

AS AMENDED (SEP 2013)

In 1998, Congress amended the Rehabilitation Act of 1973 (29 U.S.C. §794d) as amended by the Workforce Investment Act of 1998 (P.L. 105 - 220), August 7, 1998 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. Inaccessible technology interferes with an ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, open new opportunities for people with disabilities, and encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 (29 U.S.C.

§794d), agencies must give disabled employees and members of the public access to information that is comparable to access available to others.

Specifically, Section 508 of that Act requires that when Federal agencies develop, procure, maintain, or use EIT, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. (36 C.F.R. §1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at: http://www.access-board.gov/sec508/standards.htm)

Exceptions.

All EIT that the government acquires by purchase or by lease/rental under this contract must meet the applicable accessibility standards at 36 C.F.R. Part 1194, unless one or more of the following exceptions at FAR 39.204 applies to this acquisition (applicable if checked):

[ ] The EIT is for a national security system.

[ ] The EIT is acquired by a contractor incidental to a contract.

[ ] The EIT is located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment.

[ ] Compliance with the applicable 36 C.F.R. Part 1194 provisions would impose an undue burden on the agency.

Applicable Standards.

The following accessibility standards from 36 C.F.R. Part 1194 have been determined to be applicable to this contract/order. See www.section508.gov for more information:

[ ] 1194.21 Software applications and operating systems.

[ ] 1194.22 Web-based intranet and internet information and applications. 16 rules.

[ ] 1194.23 Telecommunications products.

[ ] 1194.24 Video and multimedia products.

[ ] 1194.25 Self contained, closed products.

[ ] 1194.26 Desktop and portable computers.

[ ] 1194.31 Functional performance criteria.

[ ] 1194.41 Information, documentation, and support.

Note: Under the Exceptions paragraph, the Contracting Officer should check the boxes for any exceptions that apply. If no exceptions apply, then the Contracting Officer should, under the Applicable Standards paragraph, check the boxes that indicate which of the standards apply.

See FAR Subpart 39.2 and www.section508.gov for additional guidance.

(End of Clause)

C.20 NRCH440 CONTRACTOR RESPONSIBILITY FOR PROTECTING PERSONALLY

IDENTIFIABLE INFORMATION (PII)

In accordance with the Office of Management and Budget's guidance to Federal agencies and the Nuclear Regulatory Commission's (NRC) implementing policy and procedures, a contractor (including subcontractors and contractor employees), who performs work on behalf of the NRC, is responsible for protecting, from unauthorized access or disclosure, personally identifiable information (PII) that may be provided, developed, maintained, collected, used, or disseminated, whether in paper, electronic, or other format, during performance of this contract.

A contractor who has access to NRC owned or controlled PII, whether provided to the contractor by the NRC or developed, maintained, collected, used, or disseminated by the contractor during the course of contract performance, must comply with the following requirements:

(1) General. In addition to implementing the specific requirements set forth in this clause, the contractor must adhere to all other applicable NRC guidance, policy and requirements for the handling and protection of NRC owned or controlled PII. The contractor is responsible for making sure that it has an adequate understanding of such guidance, policy and requirements.

(2) Use, Ownership, and Nondisclosure. A contractor may use NRC owned or controlled PII solely for purposes of this contract, and may not collect or use such PII for any purpose outside the contract without the prior written approval of the NRC Contracting Officer. The contractor must restrict access to such information to only those contractor employees who need the information to perform work under this contract, and must ensure that each such contractor employee (including subcontractors' employees) signs a nondisclosure agreement, in a form suitable to the NRC Contracting Officer, prior to being granted access to the information. The NRC retains sole ownership and rights to its PII. Unless the contract states otherwise, upon completion of the contract, the contractor must turn over all PII in its possession to the NRC, and must certify in writing that it has not retained any NRC owned or controlled PII except as otherwise authorized in writing by the NRC Contracting Officer.

(3) Security Plan. When applicable, and unless waived in writing by the NRC Contracting Officer, the contractor must work with the NRC to develop and implement a security plan setting forth adequate procedures for the protection of NRC owned or controlled PII as well as the procedures which the contractor must follow for notifying the NRC in the event of any security breach. The plan will be incorporated into the contract and must be implemented and followed by the contractor once it has been approved by the NRC Contracting Officer. If the contract does not include a security plan at the time of contract award, a plan must be submitted for the approval of the NRC Contracting Officer within 30 days after contract award.

(4) Breach Notification. The contractor must immediately notify the NRC Contracting Officer and the NRC Contracting Officer’s Representative (COR) upon discovery of any suspected or confirmed breach in the security of NRC owned or controlled PII.

(5) Legal Demands for Information. If a legal demand is made for NRC owned or controlled PII (such as by subpoena), the contractor must immediately notify the NRC Contracting Officer and the NRC Contracting Officer’s Representative (COR). After notification, the NRC will determine whether and to what extent to comply with the legal demand. The Contracting Officer will then notify the contractor in writing of the determination and such notice will indicate the extent of disclosure authorized, if any. The contractor may only release the information specifically demanded with the written permission of the NRC Contracting Officer.

(6) Audits. The NRC may audit the contractor's compliance with the requirements of this clause, including through the use of online compliance software.

(7) Flow-down. The prime contractor will flow this clause down to subcontractors that would be covered by any portion of this clause, as if they were the prime contractor.

(8) Remedies:

(a) The contractor is responsible for implementing and maintaining adequate security controls to prevent the loss of control or unauthorized disclosure of NRC owned or controlled PII in its possession. Furthermore, the contractor is responsible for reporting any known or suspected loss of control or unauthorized access to PII to the NRC in accordance with the provisions set forth in Article 4 above.

(b) Should the contractor fail to meet its responsibilities under this clause, the NRC reserves the right to take appropriate steps to mitigate the contractor's violation of this clause. This may include, at the sole discretion of the NRC, termination of the subject contract.

(9) Indemnification. Notwithstanding any other remedies available to the NRC, the contractor will indemnify the NRC against all liability (including costs and fees) for any damages arising out of violations of this clause.

(End of Clause)

C.21 NRCH480 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC

PAYMENT/REMITTANCE ADDRESS

The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. lt is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.

(End of Clause)

C.22 NRCH410 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND

SUBCONTRACTOR EMPLOYEES

(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to the Whistleblower Employee Protection public law provisions as codified at 42 U.S.C.

5851. NRC contractor(s) and subcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and the implementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24 entitled: “Your Rights Under the Energy Reorganization Act”.

(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor and subcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or other employment discrimination practices with respect to compensation, terms, conditions or privileges of their employment because the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage in unlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic Energy Act of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).

(c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performed under this contract.

(End of Clause)

C.23 NRCH310 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS

Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared [Insert time for annual evaluation here]. Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.

The Contracting Officer will transmit the NRC Contracting Officer’s Representative’s (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.

The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information”, to the contractor's Project Manager for their records as soon as practicable after it has been finalized. The completed evaluation report also will be used as a tool to improve communications between the NRC and the contractor and to improve contract performance.

The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of the report already.

(End of Clause)

(XV) The date, time and place offers are due is a follows:

The RFP will be available on June 26, 2014, and the closing date for an electronic proposal shall be received on July 22, 2014 by 1:00 pm EST to the attention of:

Claudia Melgar Contract Specialist Claudia.Melgar@nrc.gov

(XVI) The name and telephone number of the individual to contact for information regarding the solicitation.

Claudia Melgar Contract Specialist Claudia.Melgar@nrc.gov Phone: 301-287-0956 Mailstop: TWB-01-A31M Washington, DC 20555-0001

All responsible sources may submit a proposal which shall be considered by the agency.

mailto:Claudia.Melgar@nrc.gov mailto:Claudia.Melgar@nrc.gov

(VIII) The provision at 52.212-1, Instructions to Offerors—Commercial Items is replaced in its entirety with the following:

EVALUATION FACTORS FOR AWARD

Evaluation Factor 1 Technical and Management Approach, Evaluation Factor 2: Personnel Qualification/Experience & Availability, Evaluation Factor 3: Past Performance are listed in ascending order of importance. Price will be evaluated for reasonableness; however, the Government will not make an award at a significantly higher overall price to the Government to achieve slightly superior technical skills.

Proposals will be evaluated based and award will be made on Best Value basis (Tradeoff).

Non-cost/price factors when combined, are significantly more important than cost or price.

FACTOR 1: TECHNICAL AND MANAGEMENT APPROACH

Extent to which the offeror demonstrates a thorough understanding of the required tasks and deliverables as described in the SOW by which the offeror demonstrates a sound technical approach in providing medical reviews and medical opinions based on medical evidence and or accepted medical practices;

Extent to which the offeror demonstrates the ability…