NRC-HQ-7B-17-R-0002_(combined).pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

NRCHQ

ATTN LATOYA COOPER

MAIL STOP TWFN-5E03

ACQUISITION MANAGEMENT DIVISION

US NRC - HQ

NRCHQ CODE 16. ADMINISTERED BYCODE

X

X

541990

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORNRCHQ

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/21/2016 1000 ET

11/04/2016

(301) 415-4146LATOYA COOPER

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

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

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 108 OE-17-0001OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

WASHINGTON DC 20555-0001

TELEPHONE NO.

17a. CONTRACTOR/

ROCKVILLE MD 20852

4930 BOILING BROOK PARKWAY

MAIL PROCESSING CENTER

US NUCLEAR REGULATORY COMMISSION-

15. DELIVER TO

WASHINGTON DC 20555-0001

ATTN LATOYA COOPER

MAIL STOP TWFN-5E03

ACQUISITION MANAGEMENT DIVISION

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$6.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US NRC - HQ

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The contractor shall provide Neutral Services Supporting the Nuclear Regulatory Commission Office of Enforcement’s Alternative Dispute Resolution Program in accordance with the requirements set forth in the attached Statement of Work (SOW).

Period of Performance: 01/26/2017 to 01/25/2018

00001 Neutral Services Supporting the Nuclear Regulatory Commission Office of Enforcement’s Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

ERIKA EAM

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Alternative Dispute Resolution Program

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

108 2 of

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

TABLE OF CONTENTS

SECTION A – Solicitation/Contract Form 1449……………………………………………………………………………………………….1 SECTION A - Solicitation/Contract Form SECTION B - Supplies or Services/Prices

B.1 NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION

B.2 NRCB044 CONSIDERATION AND OBLIGATION—FIXED PRICE CONTRACT

NRCB030A CONSIDERATION AND OBLIGATION—COST-REIMBURSEMENT – NO

FEE

SECTION C - Description/Specifications SECTION D - Packaging and Marking

D.1 NRCD020 BRANDING

D.2 NRCD010 PACKAGING AND MARKING

SECTION E - Inspection and Acceptance

E.1 NRCE010 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

SECTION F - Deliveries or Performance

F.1 NRCF030B PERIOD OF PERFORMANCE ALTERNATE

SECTION G - Contract Administration Data

G.1 NRCG030 ELECTRONIC PAYMENT (SEP 2014)

SECTION H - Special Contract Requirements

H.1 2052.204-70 SECURITY. (OCT 1999)

H.2 2052.204-71 BADGE REQUIREMENTS FOR UNESCORTED BUILDING

ACCESS TO NRC FACILITIES (MAR 2006)

H.3 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST.

(JAN 1993)

H.4 2052.215-70 KEY PERSONNEL. (JAN 1993)

H.5 2052.215-71 PROJECT OFFICER’S AUTHORITY. (OCT 1999)

H.7 NRCH310 ANNUAL AND FINAL CONTRACTOR PERFORMANCE

EVALUATIONS

H.8 NRCH340 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS

H.9 NRCH410 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND

SUBCONTRACTOR EMPLOYEES

H.10 NRCH420 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC

HEADQUARTERS (SEP 2013)

H.11 NRCH430 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO

NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR

SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE

POSITIONS (OCT 2014)

H.12 NRCH440 CONTRACTOR RESPONSIBILITY FOR PROTECTING

PERSONALLY IDENTIFIABLE INFORMATION (PII)

H.13 NRCH470 GREEN PURCHASING (SEP 2013)

H.14 NRCH480 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC

PAYMENT/REMITTANCE ADDRESS

H.15 NRCH490 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS..42

H.17 NRCH070 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY

SECTION I - Contract Clauses

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JUN 2016)

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

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

I.4 52.224-1 PRIVACY ACT NOTIFICATION. (APR 1984)

I.5 52.224-2 PRIVACY ACT. (APR 1984)

I.6 52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014)

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

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

SECTION J - List of Documents, Exhibits and Other Attachments

1. Billing Instruction for Firm-Fixed Price Type Contracts (JAN 2015) SECTION K - Representations, Certifications, and Other Statements of Bidders ..80

K.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL ITEMS. (OCT 2015)

K.2 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT

1999)

K.3 2052.209-71 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST

(REPRESENTATION). (OCT 1999)

K.4 2052.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE...98

L.1 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (OCT 2015) 99

L.2 2052.215-75 PROPOSAL PRESENTATION AND FORMAT (SEP 2012)

ALTERNATE III (FOR COMMERCIAL ITEM CONTRACTS) (SEP 2012)

L.3 NRCL264 EVALUATION INSTRUCTIONS (SEP2013)

SECTION M - Evaluation Factors for Award

M.1 EVALUATION FACTORS

SECTION A - Solicitation/Contract Form

See Standard Form 1449

SECTION B - Supplies or Services/Prices

B.1 NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION

(a) The title of this project is: Neutral Services Supporting the Nuclear Regulatory Commission Office of Enforcement’s Alternative Dispute Resolution Program.

(b) Summary work description: The contractor shall provide the necessary personnel, expertise, materials and administrative services to conduct Neutral Services Supporting the Nuclear Regulatory Commission Office of Enforcement’s Alternative Dispute Resolution Program.

B.2 NRCB044 CONSIDERATION AND OBLIGATION—FIXED PRICE CONTRACT

(a) Services will be ordered by the issuance of work orders.

(b) The specific CLINs and quantities will be identified in the work order(s) issued under this contract. During the life of this contract, the NRC may order items in any quantity up to the maximum amount specified in paragraph (c) below.

(c) There are no maximum quantities or amounts for each individual CLIN. The maximum aggregate amount of all work orders issued under this contract awarded shall not exceed $900,000.00 for the entire term of the contract, including all options which may be exercised.

(d) The obligated amount for this contract is $TBD.

(e) This is an incrementally-funded contract and FAR 52.232-22 – “Limitation of Funds” applies.

NRCB030A CONSIDERATION AND OBLIGATION—COST-REIMBURSEMENT – NO

FEE

(a) The total estimated cost to the Government for full performance under this contract is $159,274.00.

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

NRC

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

NRC

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

NRC

***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 $ Month 12 $

WORK ORDER CLINs (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

NRC

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

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

NRC

*1003b Task B(ii): Mediation Session Scheduling Will be paid by

NRC

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

NRC

***1003d

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

Requesting party Price $

DAY

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

Basic Level of Service

CLIN DESCRIPTION UNIT RATE UNIT QTY TOTAL

2001 Fixed Price Ongoing Daily

Services $ Month 12 $

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

DESCRIPTION UNIT RATE UNIT

*2002 Early ADR Mediation Services Will be paid by

NRC

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

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

NRC

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

Will be paid by

NRC

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

NRC

***2003d

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

Requesting party

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

Basic Level of Service

CLIN DESCRIPTION UNIT RATE UNIT QTY TOTAL

3001 Fixed Price Ongoing Daily

Services $ Month 12 $

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

DESCRIPTION UNIT RATE UNIT

*3002 Early ADR Mediation Services Will be paid by

NRC

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

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

NRC

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

Will be paid by

NRC

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

NRC

***3003d

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

Requesting party

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

Basic Level of Service

CLIN DESCRIPTION UNIT RATE UNIT QTY TOTAL

4001 Fixed Price Ongoing Daily

Services $ Month 12 $

WORK ORDER CLINs (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

NRC

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

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

NRC

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

Will be paid by

NRC

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

NRC

***4003d

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

Requesting party Price $

DAY

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

SECTION C - Description/Specifications

C.1 STATEMENT OF WORK

C.1 Title of Project

This is a non-personal services contract to provide Neutral Services Supporting the Nuclear Regulatory Commission Office of Enforcement’s Alternative Dispute Resolution Program.

C.2 Background

The Administrative Dispute Resolution Act (ADRA) of1996 encourages the use of Alternative Dispute Resolution (ADR) techniques by Federal agencies to resolve disputes arising under programs they administer [5 USC 571 et seq., Pub. Law 104- 320]. In 1992, the U.S. Nuclear Regulatory Commission (NRC) issued a policy statement expressing its support for the use of ADR in its programs, where appropriate [NRC Policy Statement, Alternative Means of Dispute Resolution, 57 Fed. Reg. 36.678, Aug. 14, 1992]. In 2004, the Commission incorporated the use of ADR in its Enforcement Program in order to achieve more timely and economical resolution of issues, more effective outcomes, and improved relationships. The NRC Office of Enforcement (OE) oversees, manages, and develops guidance for the ADR program.

OE has chosen mediation as its ADR method.

OE’s ADR program is divided into two parts.

The first part is “Early ADR,” which takes place prior to the initiation of an NRC investigation to resolve allegations of retaliation. Early ADR is only available prior to the initiation of an NRC investigation. It involves mediation between an employer (or former/prospective employer) and an employee (or former/prospective employee) who has filed an allegation of retaliation, and alleged the prima facie elements of a violation of the NRC’s employee protection rules (e.g., 10 CFR 50.7). After receiving an allegation of retaliation from an alleger, an NRC Allegation Review Board (ARB) determines whether the prima facie elements of a violation are alleged. If the prima facie elements are present in the allegation, the alleger will be offered the opportunity to use Early ADR instead of having the NRC initiate an investigation to determine the merits of the allegation. If the alleger declines ADR, or ADR is unsuccessful, the NRC may initiate an investigation. Once an NRC investigation has been initiated, Early ADR is no longer available to the alleger.

The allegation and the option to engage in ADR is typically documented in an acknowledgment letter to the alleger. The acknowledgment letter informs the alleger of his or her options for addressing the allegation of retaliation, including engaging in mediation with his or her employer as part of the Early ADR program. If the alleger elects to engage in mediation, he or she is directed to contact the contractor. No information is provided to the contractor about the prima facie determination until after the alleger has contacted the contractor. After the alleger contacts the contractor, the contractor then contacts the NRC’s Contracting Officer’s Representative (COR) to confirm the allegation, assigns an ADR case number to the allegation and obtains the details of the case in order to start processing the case.

The second part of the ADR Program is “Enforcement ADR,” (previously known as “Post-Investigation” ADR). Enforcement ADR refers to the use of mediation any time after an investigation by the NRC’s Office of Investigations is complete and an enforcement panel concludes that pursuit of an enforcement action appears warranted, as well as those escalated non-willful (traditional) cases where an enforcement panel concludes that a civil penalty may be warranted. Unlike Early ADR, the parties to a mediation are the NRC and the entity (i.e., a Commission licensee, an applicant for a Commission license, a contractor or subcontractor of a Commission licensee or applicant—or in some cases—individuals) against whom the NRC is considering taking, or has already taken, enforcement action. Enforcement ADR is available at three stages of the enforcement process:

1. Prior to a pre-decisional enforcement conference;

2. After the initial enforcement action (e.g., issuance of a Notice of Violation);

and

3. After imposition of a civil penalty and prior to a hearing request.

The NRC letter to the entity informs the entity of its option to engage in mediation with the NRC; provides it with the details of the Enforcement ADR program, if applicable, and directs the entity to contact the contractor if the entity elects to engage in mediation with the NRC to resolve the proposed or imposed enforcement action. If the entity elects the ADR option, it contacts the contractor. After the entity contacts the contractor, the contractor then contacts the COR to confirm the case and assigns an ADR case number in order to start processing the case.

C.3 Objective

To continue the successful implementation of OE’s ADR program including comprehensive case management services from initial contact by a potential party through completion of a potential settlement agreement. These services shall include:

Services of an intake neutral to process each case in a timely and efficient manner, and;

Maintenance of a nationwide roster of highly qualified individuals available to perform session neutral services—on short notice—to aid the parties in resolving disputes related to the OE’s ADR program.

C.4 Scope of Work/Tasks

The contractor shall be required to provide daily ongoing services and neutral services, as follows:

A) Daily Ongoing Service Requirements

i. Program Procedure Compliance and Updates

a. The contractor shall develop and maintain in-house procedures to ensure continuous program compliance with the Alternative Dispute Resolution Act (ADRA) and OE’s ADR program.

b. In coordination with the COR, the contractor shall implement process improvements as necessary to increase the timeliness and effectiveness of the ADR program.

c. The contractor shall meet with the COR and other NRC representatives to provide overall programmatic assessment and discuss emerging issues and potential improvements (anticipated once per year).

ii. Session Neutral Resource Materials and Orientation

a. Upon contract award, the contractor shall develop, coordinate and sponsor an orientation training for session neutrals to support the NRC ADR program.

The training should cover, at a minimum, (1) mediation skills and processes,

(2) legal process overview and (3) NRC ADR program-specific topics to be defined upon contract award (e.g. NRC regulatory process and applicable statutes). All session neutrals must be evaluated by the trainer to determine their understanding of the training material. All session neutrals must complete this training and evaluation prior to mediating an NRC OE ADR program case.

b. On at least an annual basis, the contractor shall coordinate and sponsor an orientation presentation/training for session neutrals new to the NRC ADR program. All session neutrals must complete the training prior to mediating an NRC OE ADR program case. The training developed and implemented upon contract award (to satisfy condition C4.A.ii.a above) may be used to fulfil this requirement.

c. The contractor shall provide the “Mediator Resource Handbook” and other NRC background material (as provided to the contractor by the COR) to session neutrals to ensure neutral’s familiarity with the NRC’s mission and goals of the Enforcement ADR program.

iii. Toll-Free Telephone Number and Electronic Mail

The contractor shall provide a dedicated toll-free telephone number with voicemail and electronic mail capability for the parties to use in contacting the contractor. The contractor shall continually monitor the toll-free telephone number and electronic mail during regular working hours (Monday through Friday from 9:00 A.M. to 5:00 P.M. EST). The contractor shall check the toll-free telephone number’s voicemail at least twice per day (Monday through Friday; at least once in the A.M. and once in the P.M.). If during any period of the holiday season (between December 20 – January 5), the contractor’s main contact is not available, the toll-free number’s greeting message shall be updated with the forwarding contact information or any other pertinent information to ensure that a response to the caller may be provided in within one (1) business day of receipt.

iv. Intake Neutral Basic/Ongoing Services

a. In Early ADR and Enforcement ADR, the NRC provides the alleger (in Early ADR) or the entity (in Enforcement ADR) a letter detailing the options for further action. One of the options stated in this letter is for the party to contact the contractor through the toll-free telephone number or e-mail address (as required to be maintained in item iii above) to explore ADR services. Upon receiving a telephone call or e-mail, the contractor shall confirm the party’s interest in pursuing ADR, or otherwise respond to an alleger’s or the entity’s initial contact, within one (1) business day of the initial contact to confirm interest or address inquiries.

b. The intake neutral shall initiate contact of the second party (i.e., the employer in Early ADR or the NRC in Enforcement ADR) within one (1) business day of party identification. If not provided to intake neutral by the alleger or COR, the contractor shall be required to conduct Internet research to obtain the contact information of second party in Early ADR. If the second party does not respond to the contractor’s initial contact within two (2) business days, the contractor shall initiate additional attempts to contact such party. In Early ADR cases, if the employer requires more than five (5) business days to determine whether to engage in mediation, the intake neutral shall provide a status update to the alleger.

c. Upon request to enter into ADR by a party, the contractor shall contact the COR to confirm that the NRC’s ADR program is available to such party.

d. The contractor shall confirm the parties’ interest in resolving the allegation of retaliation (for Early ADR) or enforcement cases (for Enforcement ADR) through mediation. The contractor shall send the Agreement to Mediate forms to the parties for execution within one (1) business day of confirming parties interest. The contractor shall send a copy of each executed Agreement to Mediate to the COR within one (1) business day of receipt and obtain written approval from the COR for services (above basic service level) to be performed (refer to Section B of the statement of work for services to be performed requiring written pre-approval).

e. The contractor shall respond to, or resolve, telephone calls and other inquiries, including complaints from parties or their representatives (which are to be forwarded to the COR within one (1) business day of receipt).

f. For inquiries and/or complaints unable to be resolved by the contractor within 3 business days, the contractor shall solicit support and/or guidance from the COR to resolve or respond to the matter.

g. To ensure a timely overall mediation process, the contractor shall follow up with the parties, within one (1) business day after the expiration of any period for an expected action or decision, to inquire about the status of any pending decision or action.

h. The contractor shall maintain a process and system for expeditiously identifying, matching, selecting and managing mediators for cases. The system shall be responsive to the needs of the program in identifying a recommended individual or a slate of potential individuals and assisting the parties in selecting a mediator with adequate skills, knowledge and experience in the process and substantive issues required for Early ADR and Enforcement ADR.

i. The contractor shall support the NRC in providing NRC mediator orientation and training to mediators or NRC staff. Such support may be in the form of:

1. Designing or assisting in designing an orientation or training course for mediators or NRC staff lasting 1 to 5 days, producing training material for use in such orientation or course;

2. Providing subject matter experts in technical, scientific, economic or other fields related to the substance of the dispute to research, review, analyze or to make presentations to the parties;

3. Preparing and presenting, at the request of the COR, research, analyses, explanations, summaries, fact sheets, white papers, brochures and other similar collections of data or information needed to educate as to the substance of an issue, problem or dispute and options for resolving it;

4. Establishing and/or maintaining communication and information links such as Web pages, list serves, and other methods of communication between the parties and the public;

5. Performing logistical tasks involved in conducting the seminars such as registration and notification of participants, arranging meeting facilities and support, and providing required supplies and equipment for presenting the course;

6. Teaching of all or portions of the training course or orientation as designed and accepted by the NRC;

7. Designing, conducting evaluations, and providing results and recommendations regarding the effectiveness of the training course;

8. Preparing a final report summarizing the training; the evaluations of the participants; and recommendations for changes, additions or deletions in the training agenda or materials or procedures. This report would be submitted first in draft and in final after comments have been received and incorporated.

j. The contractor shall support the NRC in evaluating the effectiveness, efficiency and transparency of the program. Such support may be in the form of:

1. Developing or assisting in developing the criteria by which each topic will be evaluated;

2. Developing or assisting in developing a survey of the program participants, including the gathering and compilation of the data;

3. Compiling, analyzing and assessing information gathered from mediator outcome forms.

i. COR Inquiries and Weekly Updates

a. The contractor shall respond to the COR within one (1) business day of any inquiry.

b. The contractor shall provide a written update of the status of open/pending cases to the COR on a weekly basis.

c. The contractor shall provide regular oral and email reports to the COR on the general status of cases.

ii. Invoicing

The contractor shall issue an invoice every month for the firm-fixed price portion of services in accordance with the billing instructions in the contract. If there are no costs/prices incurred for work order contract line items in any particular 2-month period, the contractor shall notify the COR in writing that no voucher or invoice is required for that portion of services. Each invoice shall include a breakdown of mediator charges and expenses. (NOTE: Per Diem expenses will only be reimbursed for travel in excess of 35 miles from the mediator’s home location or when the travel period is twelve (12) hours or more.) The contractor shall handle all logistical matters relating to the payment of mediator fees and expenses to the mediators arising out of each mediated case.

B) Requirements that Exceed the Basic Level of Service The following requirements shall be performed for each OE ADR program case processed after the COR has provided written pre-approval.

i. Selection of Session Neutrals

After obtaining an executed Agreement to Mediate from both parties, the contractor shall assist the parties in the selection of a session neutral.

Assistance to the parties shall include:

a. Within two (2) business days of the parties’ agreement to mediate, the contractor shall prepare and transmit to the parties a list of at least three (3) potential session neutrals. In compiling a list of session neutrals, it may be necessary to acquire, in advance, the location and period during which the parties desire to conduct the mediation session; and accordingly offer session neutrals whose schedules will support the parties’ schedules.

b. The contractor shall support the parties in mutually selecting a session neutral within five (5) business days after transmitting the list of potential session neutrals.

c. The contractor shall repeat the process of proposing three (3) session neutrals if the parties cannot agree on one of the original proposals.

d. The contractor shall contact the selected session neutral and, if necessary, support the parties in conducting an initial conflict of interest check. If conflict or other issues arise in connection with the selected session neutral, the contractor shall support the parties in resolving the conflict or otherwise assist the parties to select an alternate session neutral.

e. To ensure a timely overall mediation process, the contractor shall follow up with the parties, after the expiration of the period for each expected action or decision to inquire about the status of any pending decision or action.

ii. Mediation Session Scheduling

After the parties have mutually selected a session neutral, the contractor shall assist the parties to schedule the mediation session. To the extent possible, the expectation should be that the mediation session is held no later than thirty (30) calendar days after both parties have agreed upon a session neutral. Assistance to the parties shall include:

a. Supporting the parties and session neutral to schedule a mediation date, time and location. The mediation session location will typically be geographically close to either the alleger’s location or licensee’s facility (in Early ADR cases) or an NRC office (in Enforcement ADR cases). A national roster of neutrals shall be maintained such that extensive travel is minimized to the extent possible.

b. Transmitting the administrative process forms and related documents to the mediation neutral and the parties prior to the mediation.

c. Assisting the session neutral and the parties to coordinate logistics for the mediation session.

d. To ensure a timely overall mediation process, following up with the parties, as necessary, in a timely manner to inquire about the status of any pending decision or action.

e. After selection of the session neutral and the mediation location—before the mediation session—obtain approval from the COR of any fees and travel expenses for the ADR mediation session.

iii. Mediation Process & Documentation

The session neutral shall conduct the mediation. During the mediation process, the contractor shall document and keep records related to the mediation process, including the following:

a. The contractor shall monitor and record all case outcomes, including milestone and contact dates.

b. The contractor shall verify that Early ADR settlement agreements are processed in a timely manner with the COR.

c. The contractor shall coordinate all case-related matters, including fees and travel expenses for session neutrals assigned to cases.

d. The contractor shall distribute, collect, and maintain confidential evaluation forms from parties, representatives, and session neutrals for each case administered under the ADR program. The contractor shall submit a copy of each evaluation form completed by each party and by the neutral after the completion of each case to the COR within one (1) week of receipt.

e. The contractor shall provide the COR a copy of each completed case evaluation received within two (2) business days of receipt.

f. The contractor shall maintain case files and documentation throughout the contract period.

g. The contractor shall submit a copy of each proposed settlement agreement to the NRC COR within one (1) business day of receipt if the ADR session is pursuant to the Early ADR portion of the program.

C) Estimated Level of Effort and Fee Accrual Criteria

The contractor shall provide intake and session neutral services for an estimated fifty

(50) cases over an approximate twelve-(12) month period, with a minimum estimate of 35 cases expected.

For Early ADR cases, NRC will reimburse the contractor, in accordance with an agreed-upon fee schedule, for its payment of fees and expenses to the session neutral. For Enforcement ADR cases, each party will reimburse the contractor 50% of the session neutral’s fees and expenses as set forth herein. The parties are responsible for the cost, if any, of meeting rooms. The session neutral will be paid a fixed daily fee regardless of the duration of the mediation session for up to two (2) days. Travel time and any pre-mediation teleconference or preparation time will be included in, and not in addition to, the fixed daily fee.

In cases of hardship to an individual in an Enforcement ADR case, the NRC in its sole discretion may elect to pay up to the total cost of the mediator’s fees and travel expenses.

All fees and reimbursements for the account of the NRC, regardless of how characterized, shall be approved in advance and shall be in accordance with an agreed-upon price schedule. ADR services will be initiated through work orders.

C.5 Reporting Requirements

See Section C.4 Scope of Work/Tasks of the Statement of Work

C.6 List of Services/Deliverables

The contractor shall provide all deliverables in electronic format within the time periods stated in the above requirements section and in hard (paper) copy no later than two (2) business days thereafter, if appropriate.

C.7 Transition Plan

It is anticipated that a transition period will be required to become fully operational. The transition will consist of the training of contractor personnel (as necessary). In order to provide sufficient time for contractor personnel to complete the training, it is anticipated that the start work date will commence 60 days after the award date.

C.8 Required Materials/Facilities

N/A

C.9 Release of Publications

Any documents generated by the contractor under this contract shall not be released for publication or dissemination without the prior written approval from the Contracting Officer (CO) and the COR.

C.10 Place of Performance

The work to be performed under this contract will be primarily performed at the contractor’s facility and throughout the country, as appropriate, to meet the needs of the ADR mediation process.

C.11 Recognized Holidays

N/A

C.12 Hours of Operation

N/A

C.13 Certification and License Requirements

N/A

C.14 Key Personnel and Qualification Requirements

The following positions have been designated as key personnel:

1. Intake Neutral/Program Manager

2. Session Neutral

Each mediation requires the services of an “intake” neutral (who shall be on the contractor’s staff) and a “session” neutral (which will be selected by the mediating parties from the contractor’s roster of mediators). The contractor shall ensure that an intake neutral and appropriate session neutral(s) are available to fulfil the requirements of this contract.

i. Intake Neutral

The intake neutral provides a variety of services, which include contacting parties to confirm interest in or explore the potential use of ADR; advising and assisting mediating parties in determining whether ADR is appropriate for their case; advising and aiding the mediating parties to select an appropriate session neutral; and generally providing logistical services to facilitate the ADR process and answering any questions that may arise from time to time. The NRC expects that the contract will need the equivalent of one (1) designated intake neutral. The intake neutral’s primary responsibilities shall include frequent contact with the CO and COR;

selection and oversight of dispute resolution service providers for individual ADR cases; and oversight of tracking, invoicing and quality control evaluative aspects of this contract. The intake neutral shall have sufficient knowledge of ADR in order to identify, select, manage and evaluate session neutral credentials and experience.

The intake neutral shall have sufficient knowledge of Federal contracting regulations and practices to manage the contractual relationship efficiently.

Minimum Qualifications: At least 2 years of demonstrated program management experience, including but not limited to the following tasks: Frequent written and oral communication with parties related to sensitive matters, handling logistical matters related to mediation sessions, and case tracking, invoicing and documentation of high volume caseloads.

ii. Session Neutral

The session neutral conducts the mediation itself in an effort to facilitate the parties’ resolution of the dispute. Consequently, the same individual cannot serve as an intake neutral and a session neutral. Session neutrals shall be experienced and trained neutrals with extensive experience and training in ADR techniques, in good standing at national ADR professional associations and be familiar with NRC’s employee protection rules, employment laws and environmental whistleblower protection statutes (such as those enforced by The US Department of Labor). A national roster of session neutrals shall be maintained such that extensive travel is minimized to the extent possible and that the session neutrals are available upon short notice (1-2 weeks), nationwide.

Minimum Qualifications: Minimum of a Bachelor’s Degree, at least 40 hours of formal mediation training

Demonstrated experience in handling complex cases with highly sensitive issues and involving senior level personnel

Demonstrated experience mediating/handling technical (scientific and/or technical regulatory principles/bases) cases

Demonstrated ability to effectively encourage communication amongst parties with varying experience and background (e.g. legal counsel, technical personnel, parties unrepresented by legal counsel, etc. ;)

OR

At least 40 hours of formal mediation training

At least two years of demonstrated experience in handling complex cases with highly sensitive issues and involving senior level personnel, as a lead mediator*

At least two years of demonstrated experience mediating/handling technical (scientific and/or technical regulatory principles/bases) cases, as a lead mediator*

Demonstrated ability to effectively encourage communication amongst parties with varying experience and background (e.g. legal counsel, technical personnel, parties unrepresented by legal counsel, etc.)

* Please note, experience obtained as a co-mediator may be considered while evaluating demonstrated experience, on an individual basis

C.15 Contractor Travel

Domestic travel for the session neutral may be required on a case-by-case basis. The session neutral’s travel expenses will be reimbursed in accordance with the Government’s travel policies (found on www.gsa.gov) and at rates no higher than the Government travel rates. Travel will be dependent on the location of the mediation site selected by the parties. The contractor will compile a list of three (3) neutrals provided by the selected contractor from which the parties are to choose a session neutral. To minimize travel expenses, the contractor should attempt to select session neutrals who reside within the general geographic region where the mediation session is to be held.

However, this should not be deemed a contract requirement because a session neutral from another region may be necessary for a particular case for a myriad of reasons. In rare circumstances with prior approval of the COR, a mediation session may be held via teleconference based on the preference of the mediating parties. In such cases, the contractor will earn its fees in the same manner as if the neutral held a mediation session in person. The NRC will reimburse the mediator for invoiced telephone charges.

The mediator shall obtain lodging at rates no higher than the Government’s per diem rates (such rates may be found on http://www.gsa.gov/portal/category/100120). If the mediator is unable to obtain lodging at a rate equal to or less than the Government’s per diem, the mediator shall provide the COR, in advance, with adequate documentation that supports the “reasonableness” of the actual incurred lodging rate (supporting documentation may include lodging quotes, listed prices, other documented prevailing lodging rates in the immediate geographical area of the location at which the mediation session will be held).

The Contractor will be authorized travel expenses that are consistent with the Federal Travel Regulations and the limitation of funds specified in the travel line item of this contract/order. All travel requires prior, written Government approval from the COR.

C.16 Data Rights

N/A http://www.gsa.gov/ http://www.gsa.gov/portal/category/100120

C.17 Section 508 – Electronic and Information Technology Standards

N/A

C.18 Applicable Publications (Current Editions) N/A

SECTION D - Packaging and Marking

D.1 NRCD020 BRANDING

The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor must acknowledge that information in its documentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Enforcement, under Contract/order number TBD.

D.2 NRCD010 PACKAGING AND MARKING

(a) The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination.

Containers and closures shall comply with the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

(b) On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

(c) Additional packaging and/or marking requirements are as follows: None.

SECTION E - Inspection and Acceptance

E.1 NRCE010 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRC Contracting Officer’s Representative (COR) at the destination, accordance with FAR 52.247-34 - F.o.b. Destination.

Contract Deliverables:

1. See deliverable section in the statement of work.

SECTION F - Deliveries or Performance

F.1 NRCF030B PERIOD OF PERFORMANCE ALTERNATE

This contract shall commence on January 26, 2017 and will expire on January 25, 2018. The term of this contract may be extended at the option of the Government for an additional four one-year option periods.

Base Period: January 26, 2017 – January 25, 2018 Option Period One: January 26, 2018 – January 25, 2019 Option Period Two: January 26, 2019 – January 25, 2020 Option Period Three: January 26, 2020 – January 25, 2021 Option Period Four: January 26, 2021 – January 25, 2022

F.2 NRCF010 PLACE OF DELIVERY-REPORTS

The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

Name: TBD (1 electronic copy) Contracting Officer’s Representative (COR) U.S. Nuclear Regulatory Commission E-mail Address: TBD@nrc.gov

Name: La’toya Cooper (1 electronic copy) Contract Specialist (CS) U.S. Nuclear Regulatory Commission E-mail Address: latoya.cooper@nrc.gov

SECTION G - Contract Administration Data

G.1 NRCG030 ELECTRONIC PAYMENT (SEP 2014)

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled “Payment by Electronic Funds-Central Contractor Registration”.

To receive payment, the contractor shall prepare invoices in accordance with NRC’s Billing Instructions. Claims shall be submitted on the payee’s letterhead, invoice, or on the Government’s Standard Form 1034, “Public Voucher for Purchases and Services Other than Personal,” and Standard Form 1035, “Public Voucher for Purchases Other than Personal – Continuation Sheet.” The preferred method of submitting invoices is electronically to: NRCPayments@nrc.gov.

SECTION H - Special Contract Requirements

H.1 2052.204-70 SECURITY. (OCT 1999)

(a) Security/Classification Requirements Form. The attached NRC Form 187 (See List of Attachments) furnishes the basis for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractual relationship that requires access to classified information or matter, access on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.

(b) It is the contractor's duty to safeguard National Security Information, Restricted Data, and Formerly Restricted Data. The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding National Security Information, Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract upon completion or termination of this contract.

(1) The contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained if the retention is:

(i) Required after the completion or termination of the contract; and

(ii) Approved by the contracting officer.

(2) The certification must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.

(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. The contractor agrees to hold the information in confidence and not to directly or indirectly duplicate, disseminate, or disclose the information, in whole or in part, to any other person or organization except as necessary to perform the work under this contract. The contractor agrees to return the information to the Commission or otherwise dispose of it at the direction of the contracting officer. Failure to comply with this clause is grounds for termination of this contract.

(d) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Facilities and Security and the Contracting Officer. These changes will be under the authority of the FAR Changes clause referenced in Section I of this document.

(e)…