Amendment_No_0001.pdf

UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

November 15, 2016

SUBJECT: REQUEST FOR PROPOSAL NO. NRC-HQ-7B-17-R-0002 NEUTRAL

SERVICES SUPPORTING THE NUCLEAR REGUALTORY COMMISSION

OFFICE OF ENFOCEMENT’S ALTETNATIVE DISPUTE RESOLUTION

PROGRAM AMENDMENT NO.0001

OFFERORS:

The purpose of this amendment is to answer vendor’s questions and revise section B.3 PRICE/COST SCHEDULE of the solicitation:

Questions regarding the Solicitation No. NRC-HQ-7B-17-R-0002:

1. Can you confirm that $900,000 is the estimated ceiling contract amount, so this is the total maximum that the NRC will allocate to the winning bid?

Answer: Yes, the total estimated ceiling of this contract is $900,000.00. The $900,000.00 is not a guaranteed minimum.

2. Since the travel estimate is “not to exceed $159,274.00,” does this mean that travel is part of the $900,000 award? Or will the “not to exceed $900,000” be awarded for all work orders and an additional “not to exceed $159,274” be awarded for travel?

Answer: Yes, travel is part of the estimated ceiling of $900.000.00. $900,000.00 is the TOTAL estimated ceiling of the contract, including the work order portion and travel.

3. On pages 7-11 of the solicitation, 0003a-b says “will be paid by the NRC.” It is my understanding that the applicant should include a unit rate for these items, is this correct?

Answer: That is correct. A unit rate should be included.

4. How long has the NRC had this ADR structure in place?

Answer: Alternative dispute resolution (ADR) was initially introduced within the NRC Office of Enforcement ADR program when piloted in 2004. After piloting for over a year, the ADR program was formally incorporated and the first contract was awarded to The Scheiman Institute on Conflict Resolution, Cornell University.

5. Are the mediation sessions typically held at NRC locations or at offsite locations?

Answer: Mediations can be held anywhere in the United States or its territories. For mediations held under the Early ADR sub-program, sessions are typically held throughout the United States. For mediations held under the Enforcement ADR sub-program, sessions are typically held in close proximity to an NRC office (headquarters or regional office).\

6. Are the Enforcement mediations, separate from other workplace mediations, and if

NRC-HQ-7B-17-R-0002

so, is there an ADR office for other internal matters?

Answer: NRC Office of Enforcement’s ADR program is separate from internal (Agency) workplace mediations. NRC Office of Enforcement’s ADR program involves cases associated with (1) discrimination allegations and other wrongdoing and (2) escalated nonwillful (traditional) enforcement cases, with the potential for civil penalties associated with Title 10 of the Code of Federal Regulations. NRC Office of Enforcement’s ADR program is available to parties within NRC regulatory jurisdiction, including licensees, contractors, and individuals. Additional information about the NRC Office of Enforcement’s ADR program can be found on the program overview and FAQs webpages.

7. Who is the incumbent?

Answer: The Scheiman Institute on Conflict Resolution, Cornell University.

8. Where in the country are most of the cases originating?

Answer: Mediation sessions are held nationwide.

9. Section C.4 A. iv. i. (Pg. 17) indicates that “the contractor shall support the NRC in providing NRC mediator orientation and training to mediators or NRC staff,” yet the price schedules do not identify a CLIN for such support. How should the offeror address compensation for this training in the cost/price proposal?

Answer: Compensation associated with the “support” function is covered under CLIN 0001, Fixed Price Ongoing Daily Services Task A.

10. Section C.4 A. iv. j. (Pg. 17) indicates that “the contractor shall support the NRC in evaluating the effectiveness, efficiency and transparency of the program.” yet the price schedules do not identify a CLIN for such support. How should the offeror address compensation for this training in the cost/price proposal?

Answer: Compensation associated with the “support” function is covered under CLIN 0001, Fixed Price Ongoing Daily Services Task A.

11. Section C.4 B. iii e (Pg. 20) mentions a case evaluation. What is a case evaluation, and how is that different from the evaluation completed by the session neutral?

Answer: The case evaluation form mentioned within C.4B.iii.d (page 20) is a document provided to program participants for feedback on the ADR program (similar to a survey).

12. Will the offer’s entire roster of session neutrals have to meet the badge requirements for unescorted building access to NRC facilities to conduct mediation session?

Answer: As documented in the attached NRC Form 187, unescorted access within NRC facilities is not required.

13. Section B.3 (bottom of page 11) states that for Enforcement ADR mediation services, the NRC will share the costs of services with the party requesting mediation. Who will be http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html http://www.nrc.gov/about-nrc/regulatory/enforcement/adr-program-faq.html responsible for collecting payment from the party requesting mediation, the contractor or the NRC? To what extend does the NRC anticipate difficulty in collecting payment from the parties?

Answer: The contractor will be responsible for collecting payment from the parties. The NRC is unaware of past challenges associated with the collection of mediation session payments.

14. What is the average length of a mediation session?

Mediations typically take one (1) business day; however, some sessions involve two (2) days of mediation and/or follow-up telephone discussions to support case settlement.

15. In section C.14 (pg. 21), session neutrals are identified as key personnel. If the contract adds mediators to their roster, do those mediators need to be approved by the NRC?

Answer: Sessions neutrals do not need to formally be approved by the NRC on an individual basis; however, as described in section C.4.A. ii.a, all session neutrals must complete the orientation training and evaluation prior to mediating an NRC OE ADR program case.

16. I have noticed that the solicitation price/cost schedule doesn’t request the estimated quantity nor the total (for example, CLIN 0002a, unit rate of $1000, Unit EA, Est. Qty. 40, Total $40,000). Do you want the offeror to provide this information of the Est. Qty. and Total? If so, in what format do you want to receive this information?

Answer: No, the offeror should not provide estimated quantities or the totals.

Section B.3 of the solicitation “PRICE/COST SCHEDULE” is deleted in its entirety and replaced with the following:

“B.3 PRICE/COST SCHEDULE

BASE YEAR: JANUARY 26, 2017 – JANUARY 25, 2018

Basic Level of Service

CLIN DESCRIPTION UNIT RATE UNIT QTY TOTAL

0001 Fixed Price Ongoing Daily

Services Task A

$ Month 12 $

WORK ORDER CLINs

(Requirements that Exceed the Basic Level of Service; NRC COR will issue Work Orders)

CLIN DESCRIPTION UNIT RATE UNIT

*0002 Early ADR Mediation Services Will be paid by

NRC

0002a Task B(i): Selection of Session Neutral

$ EA

0002b Task B(ii): Mediation Session Scheduling $ EA 0002c Task B(iii)(a): Mediation Process & Documentation

$ DAY

***0002d Task B(iii)(b): Mediation Session $ EA

**0003 Enforcement ADR Mediation Services

*0003a Task B(i): Selection of Session Neutral Will be paid by

EA

*0003b Task B(ii): Mediation Session Scheduling Will be paid by

NRC

EA

*0003c Task B(iii)(b): Mediation Process & Documentation Will be paid by

NRC

EA

***0003d

Task B(iii)(a): Mediation Session NRC Price $

Requesting party Price $

DAY

CLIN TOTAL

ESTIMATED

****0004 Travel

NTE

$159,274.00

OPTION YEAR ONE: JANUARY 26, 2018 – JANUARY 25, 2019

Basic Level of Service

CLIN DESCRIPTION UNIT RATE UNIT QTY TOTAL

1001 Fixed Price Ongoing Daily

Services

(Requirements that Exceed the Basic Level of Service; NRC CO COR will issue Work Orders)

DESCRIPTION UNIT RATE UNIT

*1002 Early ADR Mediation Services Will be paid by

1002a Task B(i): Selection of Session Neutral

1002b Task B(ii): Mediation Session Scheduling $ EA 1002c Task B(iii)(a): Mediation Session $ DAY

***1002d Task B(iii)(b): Mediation Process & Documentation $ EA

**1003 Enforcement ADR Mediation Services

*1003a Task B(i): Selection of Session Neutral Will be paid by

EA

*1003b Task B(ii): Mediation Session Scheduling

Will be paid by

EA

*1003c Task B(iii)(b): Mediation Process & Documentation Will be paid by

NRC

EA

***1003d

OPTION YEAR TWO: JANUARY 26, 2019 – JANUARY 25, 2020

CLIN DESCRIPTION UNIT RATE UNIT QTY TOTAL

2001 Fixed Price Ongoing Daily Services

DESCRIPTION UNIT RATE UNIT

*2002 Early ADR Mediation Services Will be paid by

2002a Task B(i): Selection of Session Neutral

2002b Task B(ii): Mediation Session Scheduling $ EA 2002c Task B(iii)(a): Mediation Session $ DAY

***2002d Task B(iii)(b): Mediation Process & Documentation $ EA

**2003 Enforcement ADR Mediation Services

*2003a Task B(i): Selection of Session Neutral Will be paid by

EA

*1003b Task B(ii): Mediation Session Scheduling (*All fees to be paid by the NRC)

Will be paid by

NRC

EA

*2003c Task B(iii)(b): Mediation Process & Documentation Will be paid by

NRC

EA

***2003d

OPTION YEAR THREE: JANUARY 26, 2020 – JANUARY 25, 2021

3001 Fixed Price Ongoing Daily Services

DESCRIPTION UNIT RATE UNIT

*3002 Early ADR Mediation Services Will be paid by

3002a Task B(i): Selection of Session Neutral

3002b Task B(ii): Mediation Session Scheduling $ EA 3002c Task B(iii)(a): Mediation Session $ DAY

***3002d Task B(iii)(b): Mediation Process & Documentation $ EA

**3003 Enforcement ADR Mediation Services

*3003a Task B(i): Selection of Session Neutral Will be paid by

EA

*3003b Task B(ii): Mediation Session Scheduling (*All fees to be paid by the NRC)

Will be paid by

NRC

EA

*3003c Task B(iii)(b): Mediation Process & Documentation Will be paid by

NRC

EA

***3003d

OPTION YEAR FOUR: JANUARY 26, 2021 – JANUARY 25, 2022

4001 Fixed Price Ongoing Daily Services

(Requirements that Exceed the Basic Level of Service; NRC CO COR will issue Work Orders)

DESCRIPTION UNIT RATE UNIT

*4002 Early ADR Mediation Services Will be paid by

4002a Task B(i): Selection of Session Neutral

4002b Task B(ii): Mediation Session Scheduling $ EA 4002c Task B(iii)(a): Mediation Session $ DAY

***4002d Task B(iii)(b): Mediation Process & Documentation $ EA

**4003 Enforcement ADR Mediation Services

*4003a Task B(i): Selection of Session Neutral Will be paid by

EA

*4003b Task B(ii): Mediation Session Scheduling (*All fees to be paid by the NRC)

Will be paid by

NRC

EA

*4003c Task B(iii)(b): Mediation Process & Documentation Will be paid by

NRC

EA

***4003d

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

*All fees to be paid by the NRC

** The NRC and the party requesting mediation will share the cost of the mediation session and mediator travel expenses. Prior to the NRC COR issuing a work order for these services, the contractor shall obtain signature from both parties agreeing to pay for their specified monetary share.

***When the NRC Contracting Officer’s Representative (COR) issues the initial work order for this task; they will be authorized up to two (2) days for the actual mediation. If additional days are required for the actual mediation, the contractor shall obtain prior authorization from the NRC

COR.

**** Travel (Cost Reimbursable) - 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. The contractor's travel must be pre-approved in writing in accordance with USNRC Government Travel Regulations. No markup on travel will be allowed under this Contract. (Note: In cases of Enforcement ADR Mediation Services, the NRC and the party requesting mediation [e.g., NRC-regulated entity] will share the cost of the mediator’s travel expenses) This CLIN shall be used for the life of the”

Sincerely, La’toya Cooper La’toya Cooper Contract Specialist Operations Branch A Acquisition Management Division