NRC-HQ-84-16-R-0002-_Final.pdf

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NRCHQ

WASHINGTON DC 20555-0001

MAIL STOP TWFN-5E03

ACQUISITION MANAGEMENT DIVISION

US NRC - HQ

TTC CODE 16. ADMINISTERED BYCODE

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611710

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10. THIS ACQUISITION ISCODE

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14. METHOD OF SOLICITATION

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07/08/2016 1300 ET

06/21/2016

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INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

NRC-HQ-84-16-R-0002

5. SOLICITATION NUMBER

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

1 80 OCHCO-16-0066OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CHATTANOOGA TN 37411-5677

5746 MARLIN ROAD SUITE 200

OSBORNE OFFICE CENTER

US NRC TECHNICAL TRAINING CENTER

15. DELIVER TO

WASHINGTON DC 20555-0001

MAIL STOP TWFN-5E03

ACQUISITION MANAGEMENT DIVISION

9. ISSUED BY

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2. CONTRACT NO.

EFFECTIVE DATE

$15.0

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TION UNLESS BLOCK IS

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THIS CONTRACT IS A

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13a.

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VETERAN-OWNED

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HUBZONE SMALL

BUSINESS

8(A)

US NRC - HQ

WOMEN-OWNED SMALL BUSINESS

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EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The contractor shall provide the U.S. Nuclear Regulatory Commission with services for Pressurized Water Reactor (PWR) training course.

00001 Pressurized Water Reactor (PWR) Training Course

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

ERIKA EAM 06/21/2016

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

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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

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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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

80 2 of

NRC-HQ-84-16-R-0002

SECTION B - Supplies or Services/Prices SECTION C - Description/Specifications SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance SECTION G - Contract Administration Data SECTION H - Special Contract Requirements SECTION I - Contract Clauses SECTION J - List of Documents, Exhibits and Other Attachments ATTACHMENT 1 – Firm-Fixed Price Billing Instructions ATTACHMENT 2 – Past Performance Evaluation ATTACHMENT 2 – Sample Delivery Order SECTION K - Representations, Certifications, and Other Statements of Bidders SECTION L - Instructions,Conditions, and Notices to Bidders SECTION M - Evaluation Factors for Award

SECTION B - Supplies or Services/Prices

B.1 NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION

(a) The title of this project is:

Pressurize Water Reactor (PWR) Maintenance Training Overview Course (R-802P)

B.2 PRICE/COST SCHEDULE

BASE PERIOD: 12 MONTHS FROM EFFECTIVE DATE OF AWARD

CLIN # DESCRIPTION UNIT PRICE UNIT QTY TOTAL PRICE

0001 Update/Revise Existing $TBD LOT 1 $TBD 0002 Present PWR Overview

Course (R-802P)

$TBD EA 1 $TBD

TOTAL PRICE TBD

OPTION PERIOD 1: 12 MONTHS FROM EFFECTIVE DATE OF OPTION PERIOD 1

CLIN # DESCRIPTION UNIT PRICE UNIT QTY TOTAL PRICE

1001 Present PWR Overview

Course (R-802P)

TOTAL PRICE $TBD

OPTION PERIOD 2: 12 MONTHS FROM EFFECTIVE DATE OF OPTION PERIOD 2

2001 Present PWR Overview

Course (R-802P)

OPTION PERIOD 3: 12 MONTHS FROM EFFECTIVE DATE OF OPTION PERIOD 3

3001 Present PWR Overview

Course (R-802P)

OPTION PERIOD 4: 12 MONTHS FROM EFFECTIVE DATE OF OPTION PERIOD 4

4001 Present PWR Overview

Course (R-802P)

B.3 CONSIDERATION AND OBLIGATION-FIRM-FIXED-PRICE

(a) The total amount of the Firm-Fixed-Price portion of this contract is $TBD.

(b) The amount obligated by the Government with respect to this contract is $TBD.

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

SECTION C - Description/Specifications

C.1 Background

The Nuclear Regulatory Commission inspects the facilities of licensees to determine whether facility operations and maintenance are conducted in compliance with license provisions and to identify conditions that might adversely affect the health and safety of the public or the environment.

Refueling outages occur frequently at US commercial nuclear power plants to replace spent fuel with fresh new nuclear fuel and to perform various maintenance inspections of safety-related systems.

Operations, maintenance and testing are inspected during routine baseline Reactor Oversight Process inspections, reactive inspections and supplemental inspections during refueling outages.

In support of this mission, the NRC's Office of the Chief Human Capital Officer (OCHCO) conducts a program of training designed to give NRC staff technical information and hands-on experience with refueling operations and maintenance activities. The course improves the NRC inspector’s ability to conduct in-depth inspections and design reviews of NRC-licensed facilities to determine whether or not applicable codes and standards are met.

C.2 Objectives

The objective of this contract is to develop and present a course that will provide NRC inspectors with the technical training necessary to satisfy program requirements in the following topical areas:

• Fuel receipt and inspection

• Fuel equipment operation

• Reactor vessel disassembly and reassembly

• Fuel movement during refueling operations

• Control rod replacement

• Pressurized water reactor in-vessel inspections

• Reactor coolant pump maintenance.

• Control rod drive mechanism operation and maintenance

• Overview of current digital control and protection systems

• Inspection of U-tube steam generators

These activities are all designed to facilitate the inspection of pressurized water reactor licensees in accordance with IP 71111.20.

C.3 Scope of Work / Tasks

The Contractor shall furnish qualified personnel, materials including training center, and services to develop, present, and maintain the Pressurized Water Reactor (PWR) Maintenance Training Overview Course (R802P).

C.3.1 Course Description

The contractor shall furnish the necessary qualified personnel, materials and services to conduct a five day training course entitled "Pressurized Water Reactor (PWR) Maintenance Training Overview Course

(R802P)" outlined below. Course goals should be accomplished through a combination of hands on operation and demonstrations using actual equipment or mockups. Classroom presentations shall be provided in support of the practical exercises as needed to enhance the training and provide industry operating experience. In particular, the course shall include:

a. Fuel receipt and inspection including expected radiation levels of new fuel versus spent fuel and foreign material exclusion practices.

b. Preparations for refueling, including vessel head stud de-tensioning, vessel head removal, reactor cavity seal installation, flooding of refueling cavity and transfer canal, control rod drive shaft unlatching, upper internals removal, testing of equipment, and other Technical Specification requirements.

d. Reactor vessel reassembly, including replacement of reactor vessel O-rings.

e. Inspection of reactor vessel top and bottom head penetrations and pressurizer penetrations, including methods of repairing any leaking penetrations.

f. Control rod drive mechanism operation demonstrated by a mock up to move a control rod drive shaft. This will also include a review of the rod control power supply and rod control system.

g. Inspection of U-tube steam generators, including hands-on use and/or demonstrations of eddy current testing equipment, plugging of defective steam generator tubes, steam generator cleaning procedures, hideout testing, and nozzle dam design, installation, and use.

h. Overview of current digital control and protection systems used in the commercial nuclear power industry including a demonstration of the panels in operation.

The following activities may include some classroom supporting material, but should be done primarily as hands on training for the students or active demonstrations

a. Fuel movement, including hands-on training with equipment involved in fuel movement, such as up-ender, bridge and trolley operations, use of long and short fuel handling tools, use of other refueling tools (burnable poison rod assembly handling tool, thimble plug handling tool, etc.), use of procedures, 1/m plots, and status tracking methods

b. Control rod drive mechanism operation demonstrated by a mock up to move a control rod drive shaft. This will also include a review of the rod control power supply and rod control system.

c. Reactor coolant pump maintenance, including hands-on and/or demonstrations of an actual or model seal package. This should also include discussions of any advancement in seal designs.

d. Inspection of U-tube steam generators, including hands-on use and/or demonstrations of eddy current testing equipment, plugging of defective steam generator tubes, steam generator cleaning procedures, hideout testing, and nozzle dam design, installation, and use.

Any changes in, additions to, or deletions from the subjects listed above shall be permitted with the concurrence of the NRC Contracting Officer Representative (COR). However, the final content shall be approved by the NRC COR.

C.3.2 Tasks

Task 1 - Course Update/or Revise

Within thirty (30) days of contract award, a meeting will be held at the Contractor’s facility with the NRC COR and contractor technical representatives to discuss the course outline, lesson objectives, material preparation, facility for presentation, and any other information required for course presentation.

The level of effort required will be the hours necessary to update/or revise, present, and maintain the Pressurized Water Reactor Maintenance Training Overview Course.

This course will be a five day course taught by a minimum of two (2) instructors. The information for the course should be taken as much as possible from existing similar courses taught to utility personnel. New material should be developed as necessary. For the conversion of existing material, it is anticipated that it will take five (5) hours of effort for each hour of classroom presentation. For the development of new material if applicable, it is anticipated that it will take ten (10) hours of effort for each hour of practical exercises or classroom presentation.

The contractor must provide the following in support of the deliverables associated with Task 1:

• A detailed course schedule, including a breakdown of course topics and time spent on each topic.

• A detailed course outline including objectives and setting(s) for each training topic.

• A bound copy of the student handout materials that will be used during course presentation.

These materials will be prepared using Contractor resources and facilities. These materials will be corrected for errors after the NRC COR reviews each presentation.

• A copy of the instructor guide that includes the learning objectives for each topic, a description of each training aid, mock up or piece of equipment, a formal lesson plan for each lecture, exercise or demonstration and any visual aids that will be used for the course. These materials will be prepared using Contractor resources and facilities. These materials will be corrected for errors after the NRC COR reviews each presentation.

• A detailed map and driving directions to the facility, including potential lodging areas for the students.

Task 2 – Course Presentation

Typical class size shall be 12 NRC personnel. An NRC representative may attend the course to monitor contractor performance, this person will not count against the maximum number of personnel attending the course

The contractor must provide the following in support of the deliverables associated with Task 2:

A satisfactory facility to provide the training that includes as a minimum:

A wet reactor vessel and fuel pool for hands on/ demonstration of fuel movement, control rod replacement.

• Up-ender mechanism to demonstrate moving fuel from the refueling canal to the spent fuel pool.

• A mock up or real reactor coolant pump seal package for hands on / demonstration of seal design and repair.

• A mockup or real U-tube steam generator to demonstrate nozzle dam installation /removal and U-tube steam generator maintenance/testing.

• Examples of all tooling used in the classroom and demonstration portions of the class.

• Visual aids to support the presentation of all material for mock ups, real equipment and if needed lectures.

• One copy of the student handout materials for each class member and scheduled observer(s).

The contract instructors shall have broad technical experience with the refueling and maintenance tasks of pressurized water reactors. This experience shall include the performance of maintenance, refueling tasks, and surveillances on tasks listed in this statement of work. The course shall be conducted with a minimum of two assigned course instructors with expertise in refueling and maintenance outage activities. As a minimum, these instructors shall have the following areas of combined experience/expertise:

a. Instructor certification and a minimum of five years of experience in the classroom or laboratory environment

b. Extensive knowledge of outage activities, including surveillance and maintenance activities on

U-tube steam generators, control rod drive mechanism and /control rod replacement and reactor coolant pump seal maintenance.

c. Practical experience as a refueling floor supervisor or senior reactor operator is preferred, but not required.

d. Knowledge of the use and basis of pressurized water reactor Technical Specifications as they apply to the refueling environment.

The NRC COR will approve the assigned instructors at the time the contract is issued. Any changes to the instruction staff after the contract is issued must meet the above minimum standards and be approved by the NRC COR.

Task 3 – Course Documentation

The contractor must provide the following in support of the deliverables associated with each class delivered as part of Task 2:

• A cover letter discussing at a minimum any problems during the course, recommendations for course improvement and the status of errors identified during the course.

• Completed Student Registration forms at the end of each class presentation.

• Copies of the revised student and instructor materials after each course presentation.

Task 4 - Course Revisions

The NRC reserves the right to negotiate the below identified work in the event such requirements become necessary. Any such additional work shall be within the scope of the contract and shall be completed during the term of the contract. No additional work scope outside of the current contract can be authorized under this section.

• The Contractor may be required to modify all or part of the training materials developed for the course at the direction of the NRC COR.

• The NRC may request the Contractor to develop additional specialized seminars or training courses on topics related to those in this SOW during the period of contract performance.

C.4 Reporting requirements

C.4.1 An interim report within 30 days of the end of each class, including as a minimum;

1. Any problems encountered during the session with either equipment, facilities or personnel

2. Compilation of any critique comments collected by the contractor.

3. List of any instructional material deficiencies and proposed fixes.

C.4.2 A final report at the end of the contract. This report shall include at a minimum;

1. A technical report of the completed work.

2. Any problems or delays encountered during the course and their resolution.

3. Any recommendations for improvement of the course.

C.5 List of services and deliverables

a. The initial contract year will include development, review, editing and approval of the training materials and facility as identified under Task 1.

b. The NRC estimates it may require one (1) course per year during the period of this contract.

c. Exact course dates will be arranged with the Contractor at least ninety (90) days prior to each course. Courses will be formally scheduled via a delivery order form signed by the contractor’s representative and the contracting officer (CO). This form may be sent electronically (such as in a word processor or other format) by e-mail for approvals.

d. No later than thirty (30) days prior to the start date of a scheduled course session, should the NRC determine that there isn’t a need to conduct the training, the NRC may reschedule the session without additional obligation to the government.

• A revised delivery order form will be completed by the parties with the new dates.

e. The Contractor shall arrive in sufficient time prior to the start of each class to check/setup the training room, layout course materials and prepare equipment as necessary.

f. On the first day of each class, the Contractor shall ensure the required student registration forms are completed and shall inform participants of the requirements and objectives for satisfactorily completing the course.

g. Projection graphics for classroom use shall be in a computer presentation format (PowerPoint for example) with as a minimum black and white hard copies provided in the student manual.

h. Student background and experience will vary. The Contractor should not assume previous experience with refueling and maintenance.

C.6 Required Materials, Facilities, Hardware and Software

• A training facility that includes the following:

o a vessel mockup, o a wet pool area for refueling activities, o mockup for reactor coolant pump seal replacement, including an actual reactor coolant pump seal, o Mockup for steam generator nozzle dam installation/removal and eddy current testing demonstration.

• All tooling associated with the activities listed in the Section C.4, Reporting requirements scope of work

• A classroom area of a size to support a 12 person class and an observer

• Classroom presentation computer and projector equipment to support lecture series.

• Electronic copies of all student text and instructor lesson plans used to support presentations and labs.

• A hardcopy of the student text for each student to use during in the class session.

• An electronic copy of the student handout for each student to take away as a reference.

C.7 Release of Publications

Any documents generated by the contractor under this contract/order shall not be released for publication or dissemination without CO and COR prior written approval.

C.8 Place of Performance

This class will be held at the contractor’s facility in order to optimize the hands on aspects of the course.

C.9 Key Personnel and Qualification Requirements

The contract instructor shall have broad technical experience with the refueling and maintenance tasks for pressurized water reactors. They shall be experienced in providing instruction to individuals who have little practical experience in refueling operations, surveillance and maintenance activities. As a minimum, these instructors shall have the following areas of combined experience/expertise:

a. Instructor certification and a minimum of five years of experience in the classroom, on-the-job training or laboratory environment

b. Extensive knowledge of outage activities, including surveillance and maintenance activities on reactor coolant pumps, control rod drive mechanism and /control rod replacement, and steam generator inspections.

c. Experience as a maintenance supervisor.

d. Experience as a refueling floor supervisor or senior reactor operator is preferred, but not required.

d. Knowledge of the use and basis of pressurized water reactor Technical Specifications as they apply to the refueling environment.

The NRC COR shall approve the assigned instructors at the time the contract is issued. Any changes to the instruction staff after the contract is issued must meet the above minimum standards and be approved by the NRC COR.

C.10 Contractor Travel

a. All contractor travel costs are the responsibility of the contractor.

C.11 NRC Furnished Material

a. The NRC will furnish, at the time of each course presentation a student registration form.

b. Course evaluations will be completed electronically in the NRC’s iLearn system. Students will receive an e-mail notification of the availability of the course evaluation about two (2) days after completion of the course. A summary report of student comments will be sent electronically by the NRC COR to the Contractor within thirty (30) days of course completion.

c. The NRC shall be responsible for preparing course announcements and student registration.

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 Chief of Human Capital Officer (OCHCO) 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: TBD.

SECTION E - Inspection and Acceptance

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/html/52_248_253.html#wp1120047

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)

E.2 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. The initial contract year will include update/or revise, review, editing and approval of the training materials and facility as identified under Task 1.

2. The NRC estimates it may require one (1) course per year during the period of this contract.

3. Exact course dates will be arranged with the Contractor at least ninety (90) days prior to each course.

Courses will be formally scheduled via a delivery order form signed by the contractor’s representative and the contracting officer (CO). This form may be sent electronically (such as in a word processor or other format) by e-mail for approvals.

4. No later than thirty (30) days prior to the start date of a scheduled course session, should the NRC determine that there isn’t a need to conduct the training, the NRC may reschedule the session without additional obligation to the government.

• A revised delivery order form will be completed by the parties with the new dates.

5. The Contractor shall arrive in sufficient time prior to the start of each class to check/setup the training room, layout course materials and prepare equipment as necessary.

6. On the first day of each class, the Contractor shall ensure the required student registration forms are completed and shall inform participants of the requirements and objectives for satisfactorily completing the course.

7. Projection graphics for classroom use shall be in a computer presentation format (PowerPoint for example) with as a minimum black and white hard copies provided in the student manual.

8. Student background and experience will vary. The Contractor should not assume previous experience with refueling and maintenance

SECTION F - Deliveries or Performance

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/html/52_248_253.html#wp1120047

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.247-34 F.O.B. DESTINATION. (NOV 1991)

52.247-48 F.O.B. DESTINATION - EVIDENCE OF SHIPMENT. (FEB 1999)

F.2 NRCF030B PERIOD OF PERFORMANCE ALTERNATE

This contract shall commence on TBD and will expire on TBD. The term of this contract may be extended at the option of the Government for an additional four years, from TBD to TBD.

Base Period: TBD

Option Period(s):

Option Year 1: TBD Option Year 2: TBD Option Year 3: TBD Option Year 4: TBD

SECTION G - Contract Administration Data

G.1 2052.215-71 PROJECT OFFICER AUTHORITY. (OCT 1999) - ALTERNATE II (OCT 1999)

(a) The contracting officer's authorized representative, hereinafter referred to as the project officer, for this contract is:

Name: TBD Address: TBD Telephone Number: TBD

(b) The project officer shall:

(1) Monitor contractor performance and recommend changes in requirements to the contracting officer.

(2) Inspect and accept products/services provided under the contract.

(3) Review all contractor invoices/vouchers requesting payment for products/services provided under the contract and make recommendations for approval, disapproval, or suspension.

(c) The project officer may not make changes to the express terms and conditions of this contract.

*To be incorporated into any resultant contract

G.2 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 2052.215-70 KEY PERSONNEL. (JAN 1993)

(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.

H.2 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993)

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:

(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and

(2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.

(c) Work for others.

(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.

(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the audit, inspection, or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate) except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.

(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).

(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site,

(i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.

(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.

(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.

(d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, that it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.

(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government.

(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.

(e) Access to and use of information.

(1) If, in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:

(i) Use this information for any private purpose until the information has been released to the public;

(ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first;

(iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or

(iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.

(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.

(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.

(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.

(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.

(1) If the contractor under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.

(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.

H.3 2009.570 NRC ORGANIZATIONAL CONFLICTS OF INTEREST.

2009.570-1 SCOPE OF POLICY.

(a) It is the policy of NRC to avoid, eliminate, or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by the NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.

(b) Contractor conflict of interest determinations cannot be made automatically or routinely. The application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied to satisfy the overall public interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations that might arise. However, examples are provided in these regulations to guide application of this policy guidance. The ultimate test is as follows:

Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?

(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other relationships with the NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC agreements with other Government agencies, international organizations, or state, local, or foreign Governments. Separate procedures for avoiding conflicts of interest will be employed in these agreements, as appropriate.

2009.570-2 DEFINITIONS.

Affiliates means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both.

Contract means any contractual agreement or other arrangement with the NRC except as provided in 2009.570-1(c).

Contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which are a party to a contract with the NRC.

Evaluation activities means any effort involving the appraisal of a technology, process, product, or policy.

Offeror or prospective contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, or their affiliates or successors in interest, including their chief executives, directors, key personnel, proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.

Organizational conflicts of interest means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:

(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice, or may otherwise result in a biased work product; or

(2) May result in its being given an unfair competitive advantage.

Potential conflict of interest means that a factual situation exists that suggests that an actual conflict of interest may arise from award of a proposed contract. The term potential conflict of interest is used to signify those situations that

(1) Merit investigation before contract award to ascertain whether award would give rise to an actual conflict; or

(2) Must be reported to the contracting officer for investigation if they arise during contract performance.

Research means any scientific or technical work involving theoretical analysis, exploration, or experimentation.

Subcontractor means any subcontractor of any tier who performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts not exceeding $10,000.

Technical consulting and management support services means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require that the contractor be given access to proprietary information or to information that has not been made available to the public. These services typically include assistance in the preparation of program plans, preliminary designs, specifications, or statements of work.

2009.570-3 CRITERIA FOR RECOGNIZING CONTRACTOR ORGANIZATIONAL CONFLICTS OF

INTEREST.

(a) General.

(1) Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:

(i) Are there conflicting roles which might bias an offeror's or contractor's judgment in relation to its work for the

NRC?

(ii) May the offeror or contractor be given an unfair competitive advantage based on the performance of the contract?

(2) NRC's ultimate determination that organizational conflicts of interest exist will be made in light of common sense and good business judgment based upon the relevant facts. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships that might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements that call for the rendering of advice, consultation or evaluation activities, or similar activities that directly lay the groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs. Any work performed at an applicant or licensee site will also be closely scrutinized by the NRC staff.

(b) Situations or relationships. The following situations or relationships may give rise to organizational conflicts of interest:

(1) The offeror or contractor shall disclose information that may give rise to organizational conflicts of interest under the following circumstances. The information may include the scope of work or specification for the requirement being performed, the period of performance, and the name and telephone number for a point of contact at the organization knowledgeable about the commercial contract.

(i) Where the offeror or contractor provides advice and recommendations to the NRC in the same technical area where it is also providing consulting assistance to any organization regulated by the NRC.

(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter on which it is also providing assistance to any organization regulated by the NRC.

(iii) Where the offeror or contractor evaluates its own products or services, or has been substantially involved in the development or marketing of the products or services of another entity.

(iv) Where the award of a contract would result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC, or would result in an unfair competitive advantage for the offeror or contractor.

(v) Where the offeror or contractor solicits or performs work at an applicant or licensee site while performing work in the same technical area for the NRC at the same site.

(2) The contracting officer may request specific information from an offeror or contractor or may require special contract clauses such as provided in 2009.570-5(b) in the following circumstances:

(i) Where the offeror or contractor prepares specifications that are to be used in competitive procurements of products or services covered by the specifications.

(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using the approaches or methodologies.

(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs that could form the basis for a later procurement action.

(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.

(v) Where the award of a contract might result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or might result in an unfair competitive advantage for the offeror or contractor.

(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.

(1)(i) Example. The ABC Corp., in response to a Request For Proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The ABC Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the ABC Corp. advises that it is currently performing similar analyses for the reactor manufacturer.

(ii) Guidance. An NRC contract for that particular work normally would not be awarded to the ABC Corp.

because the company would be placed in a position in which its judgment could be biased in relationship to its work for the NRC. Because there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.

(2)(i) Example. The ABC Corp., in response to an RFP, proposes to perform certain analyses of a reactor component that is unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp. projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp.