Ballistic Wall Materials and Installation

SECTION A - Solicitation/Contract Form 2
SECTION B - Supplies or Services/Prices 3
SECTION C - Description/Specifications 4
SECTION D - Packaging and Marking 5
SECTION E - Inspection and Acceptance 6
SECTION F - Deliveries or Performance 7
SECTION G - Contract Administration Data 8
NRCG030 ELECTRONIC PAYMENT (SEP 2014) 8
SECTION H - Special Contract Requirements 9
NRCH480 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS 9
NRCH470 GREEN PURCHASING (SEP 2013) 9
NRCH440 CONTRACTOR RESPONSIBILITY FOR PROTECTING PERSONALLY IDENTIFIABLE INFORMATION (PII) 9
NRCH430 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS 11
SECTION I - Contract Clauses 12
52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984) 12
52.216-25 CONTRACT DEFINITIZATION. (OCT 2010) 12
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000) 13
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998) 14
SECTION J - List of Documents, Exhibits and Other Attachments 15

SECTION A - Solicitation/Contract Form
SECTION B - Supplies or Services/Prices
SECTION C - Description/Specifications

Statement of Work (SOW) for Purchase and Installation of Ballistic Proof Material in the Office of Investigation (OI), US Nuclear Regulatory Commission (USNRC) Region I

1. BACKGROUND
The US Nuclear Regulatory Commission's Office of Investigation (OI), located at 2100 Renaissance Boulevard, King of Prussia, PA 19406 requires a contractor to install bullet proof material to maintain and enhance the safety of their employees, inside and outside of Room 2088.

2. OBJECTIVE
The USNRC is requesting solicitation from outside contractors to provide materials and installation of Level III ballistic proof material in the Region I leased space, in the Office of Investigations. The contractor will obtain Level III material and an installer based on contractor's measurements.

3. DESCRIPTION OF SERVICES
Contractor will provide all materials and labor required for installation and finish work. This will include moving of any present furniture and items and returning them to original location within room 2088. Contractor will supply all specifications for NRC review and comment prior to installation. Upon the award of the contract, any change orders must be authorized by the Contracting Officer (CO). The CO will not execute any changes without Contractor concurrence.

4. SPECIFIC TASK REQUIREMENTS

4.1 Task 1 - OI Room 2088 Ballistic Reinforcement
4.1.1 Prepare room for installation of ballistic material by taking accurate measurements. Pre- measure and cut, if required, outside of the Region I office, all ballistic material prior to reduce airborne particles and disruption to staff. Loading dock area of the Region I office can be used as a staging area for cutting of materials. Ballistic material will be stored in NRC area or vacant area in building. Estimated dimensions of Room 2088 are 13'2"L x 12'6"W x 13'6"H. These dimensions include a steel door, which also will require a layer of reinforced Level III ballistic material. The floor and ceiling do not require ballistic reinforcement. All outlets will require special cut outs to make them accessible. See attached diagram for specific cuts for wall and door.

4.2 Task 2 - General Conditions
4.2.1 The contractor shall provide all project management with on-site supervision and debris removal.
4.2.2 The USNRC will review the performance of the completed services and will reserve the right to withhold a percentage of payments of nonperformance of services as described in the SOW and as described in the final work order/contract.

4.3 Task 3 - Options/Additional Services
4.3.1 The SOW is presented as an outline of basic services deemed necessary to aid in project success. The contractor is encouraged to offer additional services, which it feels may, in addition to those in the SOW also lend to project completion on-time and within budget.

5. PERIOD OF PERFORMANCE
The period of performance is from the date of contract award and work will commence no later than 75 days after the contract is awarded. The selected contractor shall submit a timeline, estimating as closely as possible, amount of day(s) required to be on-site at the USNRC to perform the requested work. The dates of installation will be determined by the USNRC and the selected contractor. Work to be finalized and complete no later than 180 days after contract award.

6. SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL
The contractor shall ensure that all its employees, subcontractor employees or consultants who are assigned to perform the work herein for contract for contract performance will provide unexpired photo identification for building access. Contractor employees will be escorted at all times by NRC staff.

7. DRUG-FREE WORKPLACE
The Drug-Free Workplace Act of 1988 requires all individuals who work for, or contract to perform work for a Federal Agency, certify that they shall comply with the provisions of the Certification Regarding a Drug-Free Workplace prior to the award of a purchase order.

8. REGISTRATION IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)
The USNRC requires the prospective awardee to be registered in the System for Award Management (SAM) database prior to award, during performance and through final payment of the resulting contract in accordance with the Federal Acquisition Regulation (FAR). SAM website to register or renew registration is: www.sam.gov .

9. INVOICES
Invoices will be submitted to the USNRC at the address listed in the purchase order. Invoices shall include all information stipulated in the purchase order.

10. CONTACT
The NRC contact(s) for questions related to this effort:
Michael Caccavo, Contracting Officer's Representative (COR)
Email: Michael.Caccavo@nrc.gov
Ted Wingfield, Alternate COR
Email: Ted.Wingfield@nrc.gov
Becky Barr, Purchasing Assistant
Email: Rebecca.Barr@nrc.gov

SECTION D - Packaging and Marking
SECTION E - Inspection and Acceptance
SECTION F - Deliveries or Performance
SECTION G - Contract Administration Data

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.

(End of Clause)
SECTION H - Special Contract Requirements

NRCH480 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS

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

(End of Clause)

NRCH470 GREEN PURCHASING (SEP 2013)

(a) In furtherance of the sustainable acquisition goals included in Executive Order 13514, "Federal Leadership in Environmental, Energy, and Economic Performance," products and services acquired under this contract/order shall be energy-efficient (Energy Star or Federal Energy Management Program (FEMP) designated), water-efficient, biobased, environmentally preferable (e.g., Electronic Product Environmental Assessment Tool (EPEAT) certified), non-ozone depleting, recycled content, and non-toxic or less toxic alternatives, to the maximum extent practicable in meeting NRC contractual requirements.

(b) See NRC's Green Purchasing Plan (GPP) at: http://pbadupws.nrc.gov/docs/ML1219//ML12191A130.pdf and the General Service Administration's (GSA) Green Procurement Compilation at: http://www.gsa.gov/portal/content/198257.

(c) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order.

(End of Clause)

NRCH440 CONTRACTOR RESPONSIBILITY FOR PROTECTING PERSONALLY IDENTIFIABLE INFORMATION (PII)

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

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

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

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

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

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

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

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

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

(8) Remedies:

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

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

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

(End of Clause)

NRCH430 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS

All contractor employees, subcontractor employees, and consultants proposed for performance or performing under this contract shall be subject to pre-assignment, random, reasonable suspicion, and post-accident drug testing applicable to: (1) individuals who require unescorted access to nuclear power plants, (2) individuals who have access to classified or safeguards information, (3) individuals who are required to carry firearms in performing security services for the NRC, (4) individuals who are required to operate government vehicles or transport passengers for the NRC, (5) individuals who are required to operate hazardous equipment at NRC facilities, or (6) individuals who admit to recent illegal drug use or those who are found through other means to be using drugs illegally. The Plan includes a contractor's employees and their subcontractors are subject to the procedures and terms of their employment agreements with their employer.

The NRC Drug Program Manager will schedule the drug testing for all contractor employees, subcontractor employees, and consultants who are subject to testing under this clause. Any NRC contractor found to be using, selling, or possessing illegal drugs, or any contractor with a verified positive drug test result under this program while in a duty status will immediately be removed from working under the NRC contract. The contractor's employer will be notified of the denial or revocation of the individual's authorization to have access to information and ability to perform under the contract. The individual may not work on any NRC contract for a period of not less than one year from the date of the failed drug test and will not be considered for reinstatement unless evidence of rehabilitation, as determined by the NRC "drug testing contractor's" Medical Review Officer, is provided.

Contractor drug testing records are protected under the NRC Privacy Act Systems of Records, System 35, "Drug Testing Program Records - NRC" found at: http://www.nrc.gov/reading-rm/foia/privacy-systems.html

(End of Clause)
SECTION I - Contract Clauses

52.202-1 DEFINITIONS. (NOV 2013)

52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006) - ALTERNATE I (OCT 1995)

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. (JUN 2010)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014)

52.204-2 SECURITY REQUIREMENTS. (AUG 1996)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (JUL 2013)

52.211-5 MATERIAL REQUIREMENTS. (AUG 2000)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding []dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is []dollars.

52.216-25 CONTRACT DEFINITIZATION. (OCT 2010)

(a) A [insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a [insert specific type of proposal (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is (insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data:) []

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by-

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

52.217-6 OPTION FOR INCREASED QUANTITY. (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least []days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed [](months)(years).

52.222-50 COMBATING TRAFFICKING IN PERSONS. (FEB 2009)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA. (JAN 1997)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA. (JAN 1997) - ALTERNATE I (JUL 1995)

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

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.232-1 PAYMENTS. (APR 1984)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.233-3 PROTEST AFTER AWARD. (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.243-1 CHANGES - FIXED-PRICE. (AUG 1987)

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

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): [Insert one or more Internet addresses]

SECTION J - List of Documents, Exhibits and Other Attachments
Diagram/Dimensions of Room 2088 (please call Becky Barr 610-337-5238 or email rebecca.barr@nrc.gov for room diagram.)