RS-38-10-702-Amendment No. 03.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT I BfA NO. 1. CONTRACT ID CODE I PAGEl m'I-'AGE~

I 5

2. AMENDMENT/MODIFICATION NO 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REO NO. 15. PROJECT NO.(lf appliCDOle)

03 12/29/2009 IlR-08-702

6. ISSUED BY

CODE 3100 7 ADMINISTERED BY (If omcr thon Item 6) CODE 13100

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Div. of Contracts Div. of Contracts Attn; Mail Stop T-7-1-2 Mail Stop T-7-1-2 Washington, DC 20555 Washingcon, DC 20555

8. NAME AND ADDRESS OF CONTRACTOR (No .. street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

To all Offerors!Bidders RS-38-10-702

9B. DATED (SEE ITEM 11)

X 11-16-2009

10A. MODIFICATION OF CONTRACT/ORDER NO.

lOB. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[;] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers 0 is extended, Dis not extended.

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

(a) By completing Items 8 and 15, and returning 01 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC- KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

(such as changes in paYIng office, appropriation cate, etc.)

..J!2... A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

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

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor D is not, D is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment no. 03 is to provide NRC Response to questions asked by Offerors. please see the attachments for the Questions!NRC Response. This is a second set of questions, the first set was included in Amendment No. 02.

All other terms and conditions remain unchanged.

EJ\:(I(;;pt tJ;j J,Jluvided herein, 011 tcrmc and wO'ngition~ vf the gOQumyn\ roforon'WOQ in Item OA or 10A) ac heretoforo eh~nSQd, rgm:)il"lQ unch~nG9d ::;!ndin full force ~nd 9.ffQct

I 15C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Monique B. Williams Contracting Officer

15A. NAME AND TITLE OF SIGNER (Type or print)

(Signature of person authorized to sign)

16B. UNitED hlt1fES OF ~ERICA () I ." j BY V f V IIIVlI.I'I ..• l'j· Ww1,./'l..--

(Sigfature of Contracting Officer)

15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

STANDARD FORM 30 (REV. 10·83)

PrescriOed by GSA - FAR (48 CFR) 53.243

RS-38-10-702

Amendment No. 03

Questions/Responses

1. Section E.3 Offeror Representations and Certifications - Commercial items

a. Item (31) page 28 "Buy American Act - Supplies", stipulates that preference will be given to Domestic End Products. The Offerors may need to develop or manufacture items to meet the requirements of the project. Does this imply only American companies are allowed to bid on this work?

b. Would the provision of FAR Clause 52.225-2 allow the NRC to evaluate the listed Foreign End Products as Domestic End Products, thereby providing a mechanism for an even evaluation?

c. Alternatively, would it be possible to add FAR Clause 52.225-3 to the list of required Terms and Cond itions?

NRC Response:

a. No, this does not preclude foreign entities from responding to this solicitation.

b. The preference is for domestic end products. The government has not identified any foreign end products under this requirement. Under the Buy American Act Certificate, 52.225-2 on page 56 of this RFP, the contractor can specify products proposed in their proposal that are not domestic end products. These will then be evaluated by the government for approval or disapproval.

c. No, this clause does not apply for information technology type procurements.

2. In section C4 of the Solicitation it has the following three documents checked.

[Xl (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

[Xl (11 )(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C.

637( d)( 4 ».

[Xl (18) 52.219-28, Post Award Small Business Program Representation (APR 2009) (15 U.S.C 632(a)(2».

It is not clear to me under the "Small Business SubContracting Plan" if we need to include this in our offer, or something that we need to provide on Award of Contract?

NRCResponse:

This clause does not apply to small business concerns. This clause applies to large businesses where the subcontract dollars are expected to exceed $550,000. Offerors are required to submit a small business plan with their initial proposal per FAR 19.708.

Questions/Responses

3. This amendment incorporates NRC Form 187, Contract Security and/or Classification Requirements. (See Attachment).

4. Incorporate Security Clause titled, "Security Requirements for Information Technology Level I or II Access Approval"

SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II

ACCESS APPROVAL (July 2007)

The proposer/contractor must identify all individuals and propose the level of Information Technology (IT) approval for each, using the following guidance. The NRC sponsoring office shall make the final determination of the level, if any, of IT approval required for all individuals working under this contract. The Government shall have and exercise full and complete control and discretion over granting, denying, withholding, or terminating IT access approvals for individuals performing work under this contract.

The contractor shall conduct a preliminary security interview or review for each IT level I or " access approval contractor applicant and submit to the Government only the names of candidates that have a reasonable probability of obtaining the level of IT security access for which the candidate has been proposed. The contractor will pre-screen its applicants for the following:

a) felony arrest in the last seven years;

b) alcohol related arrest within the last five years;

c) record of any military courts-martial convictions in the past ten years;

d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven years;

e) delinquency on any federal debts or bankruptcy in the last seven years.

The contractor shall make a written record of its pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (e)), and have the applicant verify the pre-screening record or review, sign and date it. Two copies of the signed contractor's pre-screening record or review will be supplied to FSB/DFS with the contractor employee's completed building access application package.

The contractor shall further ensure that its employees, any subcontractor employees and consultants complete all IT access security applications required by this clause within ten business days of notification by FSB/DFS of initiation of the application process. Timely receipt of properly completed records of the pre-screening record and IT access security applications (submitted for candidates that have a reasonable probability of obtaining the level of security assurance necessary for access to NRC's facilities) is a contract requirement. Failure of the contractor to comply with this contract administration requirement may be a basis to cancel the award, or terminate the contract for default, or offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a

Questions/Responses result of inadequate pre-screening by the contractor. In the event of cancellation or termination, the NRC may select another firm for contract award.

SECURITY REQUIREMENTS FOR IT LEVEL I

Performance under this contract will involve prime contractor personnel, subcontractors or others who perform services requiring direct access to or operate agency sensitive information technology systems or data (IT Levell). The IT Level I involves responsibility for the planning, direction, and implementation of a computer security program; major responsibility for the direction, planning, and design of a computer system, including hardware and software; or the capability to access a computer system during its operation or maintenance in such a way that could cause or that has a relatively high risk of causing grave damage; or the capability to realize a significant personal gain from computer access.

A contractor employee shall not have access to sensitive information technology systems or data until he/she is approved by FSB/DFS. Temporary IT access may be approved based on a favorable review or adjudication of their security forms and checks. Final IT access may be approved based on a favorably review or adjudication. However, temporary access authorization approval will be revoked and the employee may subsequently be denied IT access in the event the employee's investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under any NRC contract requiring IT access without the approval of FSB/DFS. Where temporary access authorization has been revoked or denied, the contractor is responsible for assigning another individual to perform the necessary work under this contract without delay to the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. When an individual receives final IT access, the individual will be subject to a reinvestigation every ten years.

The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (Questionnaire for National Security Positions), two copies of the contractor's signed pre-screening record and two FD-258 fingerprint charts, through the PO to FSB/DFS for review and favorable adjudication, prior to the individual performing work under this contract. The contractor shall assure that all forms are accurate, complete, and legible.

Based on FSB/DFS review of the contractor applicant's security forms and/or the receipt of adverse information by NRC, the individual may be denied access to NRC facilities, sensitive information technology systems or data until a final determination is made of his/her eligibility.

In accordance with NRCAR 2052.204-70 "Security," IT Level I contractors shall be subject to the attached NRC Form 187 (See Section J for List of Attachments) and SF-86 which furnishes the basis for providing security requirements to prime contractors, subcontractors or others (e.g., bidders) who have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems or remote development and/or analysis of sensitive information technology systems or data or other access to such systems and data; access on a continuing basis (in excess more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.

Questions/Responses

SECURITY REQUIREMENTS FOR IT LEVEL II

Performance under this contract will involve contractor personnel that develop and/or analyze sensitive information technology systems or data or otherwise have access to such systems or data (IT Level II).

The IT Level II involves responsibility for the planning, design, operation, or maintenance of a computer system and all other computer or IT positions.

A contractor employee shall not have access to sensitive information technology systems or data until he/she is approved by FSS/DFS. Temporary access may be approved based on a favorable review of their security forms and checks. Final IT access may be approved based on a favorably adjudication. However, temporary access authorization approval will be revoked and the employee may subsequently be denied IT access in the event the employee's investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under any NRC contract requiring IT access without the approval of FSS/DFS. Where temporary access authorization has been revoked or denied, the contractor is responsible for aSSigning another individual to perform the necessary work under this contract without delay to the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. When an individual receives final IT access, the individual will be subject to a review or reinvestigation every ten years.

The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (Questionnaire for National Security Positions), two copies of the contractor's signed pre-screening record and two FD-258 fingerprint charts, through the PO to FSB/DFS for review and favorable adjudication, prior to the individual performing work under this contract. The contractor shall assure that all forms are accurate, complete, and legible.

Based on FSB/DFS review of the contractor applicant's security forms and/or the receipt of adverse information by NRC, the individual may be denied access to NRC facilities, sensitive information technology systems or data until a final determination is made of his/her eligibility.

In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to the attached NRC Form 187 (See Section J for List of Attachments), SF-86, and contractor's record of the pre-screening which furnishes the basis for providing security requirements to prime contractors, subcontractors or others (e.g. bidders) who have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems or remote development and/or analysis of sensitive information technology systems or data or other access to such systems or data; access on a continuing basis (in excess of more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge.

Questions/Responses

CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST

When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notify the PO by telephone in order that he/she will immediately contact FSB/DFS so that the access review may be promptly discontinued. The notification shall contain the full name of the individual, and the date of the request. Telephone notifications must be promptly confirmed by the contractor in writing to the PO who will forward the confirmation via email to FSB/DFS. Additionally, FSB/DFS must be immediately notified in writing when an individual no longer requires access to NRC sensitive automated information technology systems or data, including the voluntary or involuntary separation of employment of an individual who has been approved for or is being processed for IT access.

(End of Clause)

5. The Word document of the RFP is incorporated in this amendment.

All other terms and conditions remain unchanged.

NRCFORM 187

U.S, NUCLEAR REGULATORY COMMISSION

AUTHORITY· .......... ,. .:',,- The'Polities, procedures, and criteria of the

(M()Oer NRCSecuntY Prograll'), NRCMD 12,:appJy toNRCMD12 . performance of this contract, subcontract or

CONTRACT SECURITY AN DtOR other activity.

CLASS1FICATION.REQUIREMENTS .......... COMPLETE CLASSIFIED ITEIVISBY

. 'SEPARATE CORRESPONDENCE

1. CONTRACTORNAtvlE AND ADDRESS A, CONTRACTNUMBERFOR COMMERCIAL 2. TYPE OF SUaMIS.SIONCONTRACTSORJOBCODE FQR DOE PROJECTS (Primeepntrac! n~rnberrnustbesh(lwn for all subcontracts.)

A.· ORIGINAL

.... 3~-lO-702

0 B, REVISED (Supersedes all B. PROJECTED C, PROJECTED previous submissions)

START'DATE COMPLETION DATE .003/2912010 06/30/2011

C. OTHER (Specify)

3. FOR FOLLOW-ON CONTRACT, ENTERPRECEDING CONTRACT NUMBER AND PROJECTED COMPLETION DATE

A. DOESNOT APPLY B. CONTRACT NUMBER DATE

4. PROJECTTITLE AND OTHER IDl"NTIFYING INFORMATION

New Reactor Control Room Simulator and Improving the General.Electric Simulator

5. PERFORMANCE WILL REQUIRE NATIONAL SECURITY RESTRICTED DATA

A. ACC.ESS TO CLASSIFIED.MATTER OR CLASSIFIED INFORMATION

NOT

0 YES (If "YES," answer 1-7 below) APPLICABLE

SECRET CONFIDENTIAL . SECRET CONFIDENTIAL

NO (If "NO," proceed to 5.C.)

1, ACCESS TO FOREIGN INTELLIGENCE INFORMATION D 0 0 0 0

2. RECEIPT, STORAGE, OR OTHER SAFEGUARDING OF 0 0 0 0 0CLASSIFIED MATTER. (See 5.B.)

3. GENERATION OF CLASSIFIED MATTER. 0 0 0 0 0

4, ACCESS TO CRYPTOGRAPHIC MATERIAL OR OTHER D 0 O· 0 0CLASSIFIED COMSEC INFORMATION, 5_ ACCESS TO CLASSIFIED MATTER OR CLASSIFIED 0 0 0 D DINFORMATION PROCESSED BY ANOTHER AGENCY;

6, CLASSIFIED USE OF AN INFORMATION TECHNOLOGY D 0 0 D DPROCESSING SYSTEM.

7, OTHER (Specify) D 0 0 D D

B, IS FACILITY CLEARANCE REQUIRED? 0 YES ~ NO

C. 0 UN ESCORTED ACCESS IS REQUIRED TONUCLEAR POWER G. 0 REQUIRE OPERATION OF GOVERNMENT VEHICLES OR PLANTS. TFtANSPORT PASSENGERS FOR THE NRC.

D. 0 ACCESS IS REQUIRED TO UNCLASSIFIED SAFEGUARDS H, D WILL OPERATE HAZARDOUS EQUIPMENT AT NRC iNFORMATION. FACILITIES, E. ~ ACCESS IS REQUIRED TO SENSITIVE IT SYStEMS AND '- D REQUIRED TO CARRY FIREARMS.

DATA.

F. D UNESCORTED ACCESS TO NRC HEADQLJARTERS J. D FOUND TO USE OR ADMIT TO USEOF ILLEGAL DRUGS, BUI.lPING, FOR PROCEDURES AND REQUIREMENTS ON PROVIDING TEMPORARY AND FINAL APPROVAL FOR UNESCORTED ACCESS, REFER TO NRCMD12, NOTE:-IMMEDIATELY NOTIFY DRUG PROGRAM STAFF IF BOX SA, C, 0, G, H, I,ORJ IS CHECKEO.

NRC FORM 18.7 (7-2008) PRINTEDON RECYCLEDPAPER

6. INFORMATION PERTAINING TO THESE REQUIREMENTS OR THIS PROJECT, EVEN THOUGH SOCH INFORMA nON IS CONSIDERED UNCLASSIFIED, SHALL NOT BE RELEASED FOR DISSEMINATION EXCEPT AS APPROVED BY: '.- . :,,~, '

NAME AND TITLE

Janice Grifim,Simulator EngineerlPrQject Officer c·

DATE

7. CLASSIFICATION GUIDANCE

NATURE OF CLASSIFIED GUIDANCE IbENTIFICATION OF CLASSiFICATION GO IDES '..

N/A

8. CLASSIFIED REVIEW OF CONTRACTOR I Sl)BCONTRACTOR REPORT(S) AND OTHER DOCUMENTS WILL I3E

CONDUCTED BY:

D AUTHORIZED CLASSIFIER (Name and Title) D DIVISION OF FACILITIES AND SECURITY

_w _.__ _...,..... __ mw _ ,••__ ~.. _

9. REQUIRED DISTRIBUTION OF NRC FORM 187 Check appropriate box(es)

SPONSORING NRC OFFICE OR DIVISION (Item 1OA) !;z] DIVISION OF CONTRACTS AND PROPERTY MANAGEMENT

DIVISION OF FACILITIES AND SECURiTY (Item 10B) 0 CONTRACTOR (Item 1)

SECURITY/CLASSIFICATION REQUIREMENTS FOR SUBCONTRACTS RESULTING FROM THIS CONTRACT WILL BE APPROVED BYTHE OFFICIALS NAMED IN ITEMS lOB AND 10C BELOW.

10. APPROVALS

SECURITY/CLASSIFICATION REQUIREMENTS FOR SUBCONTRACTS RESULTING FROM THIS CONTRACT WILL BE APPROVED BY THE OFFICIALS NAMED IN ITEMS lOB AND 10C BELOW.

Robert Webber

SIGNATURE DATENAME (Print or type)

A DIRECTOR, OFFICE OR DIVISION

SlG~

DATE

Ilf/S/CHJJodv Hudson

B. DIRECTOR, DIVISION OF FACILITIES AND SECURITY DATE

G. DIRECTOR, DIVISION OF CONTRACTS AND PROPERTY MANAGEMENT

(Not applicable to DOE agreements)

SIGNATURE DATE

Phyllis Bower

REMARKS