contract no. nrc-hq-12-c-07-0121. · 2012-10-15 · nrc-hq-12-c-07-0121 section b section b...

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISION NO, PAGE 1 OF 40

OFFEROR TO COMPLETE BLOCKS 12,17, 23, 24, & 30 NSR-12-044

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER B. SOLICITATION ISSUE DATE

NRC-HO-12-C-07-0121 ,P 2 8 &0%. NSR-12-044.

7. FOR SOLICITATION a. NAME b. TELEPHONE NO. (No Colect Calls) B. OFFER DUE DATE/LOCAL

INFORMATION CALL: Michael Turner (301) 492-3632 TIME

9.SSUED BY CODE 13100 10. THIS ACQUISITION IS D UNRESTRICTEDOR 7X SET ASIDE: 100 %FOR:

U.S. Nuclear Regulatory Commission 0 SMALL BUSINESS m WOMEN-OWNED SMALL BUSINESSDiv. of Contracts [WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDAttn: Michael Turner EI HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 517911Mail Stop: TWB-01-BIOM BUSINESS 7 EDWOSBWashington, DC 20555 ED SERVICE-DISABLED SIZE STANDARD:VETERAN-OWNED

SMALL BUSINESS B(A) 1500 employees

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATINGTION UNLESS BLOCK ISTMONUNEDSLCI [_. Ise. THIS CONTRACT IS AN/MARKEDRATED ORDER UNDER

F SEEJ CEDL DPAS (15 CFR 700) 14, METHOD OF SOLICITATION

SEE SCHEDULE RFO FB RFP

15. DELIVER TO CODE 15. ADMINISTERED BY CODE F3100

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommissionOffice of Nuclear Security and Incident Div. of ContractsAttn: Omar Khan Mail Stop: TWB-01-BlOMMail Stop: T-4A45Washington DC 20555 Washington, DC 20555

178. CONTRACTORIOFFEROR CODE FACIUTY CODE lb. PAYMENT WILL BE MADE BY CODEJ 3100

TECHNOLOGY SPECIALISTS, INC. Department of Interior / NBCAttn: Daniel Corman NBCPaymentsNBCDenver@NBC. gov

Attn: Fiscal Services Branch - D2770

4861 TELSA DR STE B 7301 W. Mansfield AvenueDenver CO 80235-2230

BOWIE MD 207154318 PHONE: FAX:TELEPHONENO. (301) 352-4400 DUNS: 603736893

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18 UNLESS BLOCK BELOW IS CHECKED17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 7 SEE ADDENDUM

19. 20. 21. 22. 23. 24.ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

The Contractor shall provide the U.S. Nuclear RegulatoryCommission with turnkey installation of a telecommunicationssystem (PBX and Voice Recorder) as described in the enclosedStatement of Work (SOW) and in accordance with the termsand conditions of this contract. This shall include theprocurement, installation, training, and maintenance of aPBX and Voice Recorder System at the NRC HeadquartersOffices in Rockville, Maryland.

Project Title: "NRC Headquarters Operations Center TelephoneSystems Requirement"

Period of Performance: September 28, 2012 and will expire oneyear from the acceptance date of the PBX/Voice Recorder systems.

Ceiling Amount: $874,977.89

Obligation Amount: $874,977.89

(Use Reverse ard/or Attta Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For GovL Use Only)B&R#: 2012-11-11-1-156 JOB CODE#: R1187 BOC#: 3130APPN#: 31X0200.I1I FAIMIS#: 121650 OBLIGATION: $874,977.89 $874,977.89

NAICS CODE: 517911 DUNS#: 603736893

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

F 271. CONTRACT/PURCHASE ORDER INCORCORRATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAD ARE D ARE NOT ATTACHED.

7X ARE f7 ARE'NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT ANDRETURN 1COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ANDDELIVER ALL ITEMS SET FTH OR OTHFAIJ SE IDENTIFIED ABOVE AND ON ANYADDJTION#IS4EgTS SUEaEC''O TH.ETEIdS ANP, .; tS SPECIFIED

H 29. AWARD.OF CONTRACT: REF. OFFERDATED YOUR OFFER ON SOLICITATION(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARESET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

.OF CONTRACTING OFFICER)

/

31c. DATE SIGNED

9/12/612o12AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 il!

iEtPLfTE- ADMO0l SUNSI REVIEW COMPLETOE OCT 04 2012

Table of Contents

S EC TIO N A ..................................................................................................................................... A -1

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS ....... A-1

SECTION B - CONTINUATION BLOCK ..................................................................................... B-1

B.1 SCHEDULE OF SUPPLIES OR SERVICES/COSTS .................................................. B-1B.2 CO NSIDERATION AND OBLIGATION ........................................................................... B-2

SECTION C - CONTRACT CLAUSES ....................................................................................... C-1

C.1 STATEM ENT O F W O RK ............................................................................................ C-1C.2 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY

(N O V E M B E R 2006) ....................................................................................................... C -12C.3 PLACE OF DELIVERY--RECORRTS (AUG 2011) ................................................. C-14C.4 PERIOD OF PERFORMANCE (AUG 2011) ................................................................. C-14C.5 52.252-2 CLAUSES INCORCORRATED BY REFERENCE (FEB 1998) .................... C-14ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND

CONDITIONS--COMMERCIAL ITEMS ................................................................... C-14C.6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

(F E B 2 0 1 2 ) ................................................................................................................... C -14C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS(A U G 2 0 1 2 ) .................................................................................................................. C -2 0

C.8 52.219-17 SECTION 8(a) AW ARD (DEC 1996) ....................................................... C-25C.9 PACKAGING AND MARKING (AUG 2011) .................................................................. C-26C .10 B R A N D IN G (A U G 2011) .............................................................................................. C -26C.11 ELECTRO NIC PAYM ENT (AUG 2011) ....................................................................... C-27C.12 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS -

G E N E RA L (JU LY 2011) ............................................................................................... C -27C.13 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS -

GENERA L EXCEPTIONS (JULY 2011) ........................................................................ C-30C.14 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS

(A U G 2 0 1 1) .................................................................................................................. C -3 1C. 15 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE (MAR 2011)

................................................ ............ C-31C.16 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (AUG 2011) .............. C-32C. 17 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND

SUBCONTRACTOR EMPLOYEES (AUG 2011) .......................................................... C-33C.18 G REEN PURCHASING (JUN 2011) ........................................................................... C-33C.19 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC

PAYMENT/REMITTANCE ADDRESS (AUG 2011) ...................................................... C-33C.20.COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF

1973, A S A M EN DED (A UG 2011)................................................................................ C-34

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS ............................ D-1

NRC-HQ-12-C-07-0121Section B

SECTION B - CONTINUATION BLOCK

B.1 SCHEDUI

~4 '.-~..,

0001 Equipment/Materials for Private BranchExchanae System

0002 Equipment/Materials for Voice Recorder

Recorder0004 Warranty Enhai

(24/7/365 Cove0005 PBX Security Audit

Condition Review

0009 Basic LevelTraininq

0010 Introductory End User

Subtotal - Labor Hour $ 5,100.00

~DESCRiP~TiON&~., ~:~, ~ -.

i UNIT.!,.:,•.•;'U,14ITPRICE-

$

FIRM-FiXED-P9RICE"

$0011 Travel - (Cost Reimbursable)The Government will pay up to the ratesspecified in the Federal Travel Regulations fortravel destinations. The Government willreimburse the Contractor for actual costsonly, with backup documentation/receiptsattached to the invoice. NO PAYMENT WILLBE MADE WITHOUR BACKUPDOCUMTATION RECEIPTS.

All travel will be approved in advance by theNRC Contracting Officer Representative

B-1

NRC-HQ-12-C-07-0121Section B

B.2 CONSIDERATION AND OBLIGATION

(a) The firm-fixed amount of this contract for fixed-price CLINS 0001 - 0008 is $866,606.27

(b) The total estimated amount (ceiling) of this contract for Time and Materials CLINS 0009 - 0011is $8,371.62.

(c) The amount presently obligated with respect to this contract for Time and Materials CLINS 0009 - 0011is $8,371.62. This obligated amount may be unilaterally increased from time to time by the ContractingOfficer by written modification to this contract. When and if the amount(s) paid and payable to thecontractor hereunder is equal to the obligated amount, the contractor shall not be obligated to continueperformance of the work unless and until the Contracting Officer increases the amount obligated on thiscontract by written modification. Any work undertaken by the contractor in excess of the obligated amountspecified above is at the contractor's sole risk.

B-2

NRC-HQ-12-C-07-0121Section C

SECTION C - CONTRACT CLAUSES

1. BACKGROUND

The U.S. Nuclear Regulatory Commission's (NRC) responsibilities during an emergency response to anuclear accident are to monitor, assess, and if necessary, direct the nuclear power plant to take actions toprotect the health and safety of the public. In order to carry out these responsibilities, the NRCHeadquarters Operation Center (HOC) telecommunications system requires installation, training,maintenance and support that allows for uninterrupted operation of the telecommunications system 24hours a day, 7 days a week to fulfill the NRC mission of ensuring that the public is adequately protected.

The HOC will be moved to the new facility - the Three White Flint North (3WFN) building. The 3WFNbuilding will be available for the equipment installation in late summer of 2012. The move of the HOC to3FWN is scheduled to be completed late 2012 or early 2013. This is an initial scoping requirementsdocument that will be enhanced and refined during the design phase of this project

2. OBJECTIVE

The objectives of this statement of work (SOW) are:

2.1. Provide a new hybrid NRC HOC Private Branch Exchange (PBX). The solution shall include advancedsystem management capability and a blended solution of digital, analog, and voice over internetprotocol (VoIP) technology for the NRC HOC in Rockville MD. The NRC will provide one (1) rack forthis system; the contractor shall provide additional racks as needed.

2.2. Acquire and install a Voice Recording system for the NRC HOC. This system is to be integrated withthe new PBX.

2.3. Acquire and install an Uninterruptible Power Supply (UPS) sized to cover all equipment installed in thetelephone room in the B2 level of 3WFN. The NRC will provide one (1) rack for the UPS.

3. SCOPE

The contactor shall propose a hybrid telecommunications voice system that supports VoIP, analog,Integrated Services Digital Network (ISDN), and traditional digital voice communications services. Theproposed system shall provide for advanced system management capabilities as far as troubleshootingtrunk/vendor failure, audio conference bridge capability and all necessary switching systems, switches(power over ethernet (CORE) or relying on local power supplies, to be determined by USNRC based oncost and performance impact), ancillary telecommunications termination equipment, fiber optic cabling andfiber optic termination equipment needed to operationally install and deploy the proposed system to meetthe needs identified by this SOW. The system shall provide for call management, multiple basic rateinterface (BRI) or ISDN station ports, primary rate interface (PRI) circuits, external emergency analog PlainOld Telephone System (CORTS) circuits, and centralized system administration. The contractor shallprovide for both end user and system administrator training, maintenance and associated support asrequired within this SOW. The vendor will provide bumper to bumper support of the PBX including allhardware and software components provided by vendor. This shall include remote and on site technicalassistance.

The HOC office will be the centralized host for the communications network. The HOC office will be ablended installation of IP, digital, and analog lines to hand sets and other required equipment such asmodems and fascimile machines. The scope of work will require implementation on multiple floorsthrough NRC provided horizontal connections.

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The contractor shall also procure and install a voice recording system that will be integrated with the PBX.The contractor shall evaluate the current voice recording system deployed at the HOC and propose,procure and install a similar system.

The contractor shall also procure and install a UPS system that will support equipment installed in thetelephone room in the B2 level of 3WFN.

4. PBX System and Station Equipment Requirements

4.1. Minimum PBX RequirementsThe proposed PBX systems shall support or provide the following minimum requirements:0 Redundant power supply0 Redundant CPU* Power failover module* Local and remote alarm panels0 Hunt Group Answering0 Call Pickup Groups0 Paging0 Intercom functionality0 System speed dialing0 Support for Digital, ISDN (2BRI&D), Analog, and IP Telephone Devices0 Support for at least 20 Sectera® vlPerTM Universal Secure Phone0 Voice and call set up must be encrypted using FIPS 140-2 validated encryption for IP circuits* Support for a minimum of 10 external T1 primary rate interface (PRI - 23B&D) circuits handling at least

300 simultaneous incoming (or outgoing) calls to separate or the same DID number0 Support for at least 9 internal TI/PRI circuits for connection to NRC provided equipment such as a

Cassidian Communicator NXT! automatic notification system and an Avaya Communication Manager(dual Avaya G450 media gateway units with S8300 servers and MM710B E1/T1 media modules).

0 A minimum of 200 session initiation protocal (SIP) connections to an an Avaya Meeting ExchangeEnterprise conference system

& Support for at least 20 internal ISDN circuits (2B&D) to NRC provided equipmenta Support for at least 16 external analog circuits to provide service should other external circuits fail or,

through a transfer circuit, limited internal service should the system fail.0 Support for at least 100 DID numbers with internal provisioning and routing0 Support for at least 10 IP Extensions* Support for at leat 224 digital extensions* Support for at least 64 analog extensions* Provide call handling such that a limited number of selected desk sets can handle at least 12 incoming

simultaneous external or internal calls.* External trunk forwarding to be restricted by individual phone extension." Ability for SIP as a follow me function" Full hardware redundancy including external and internal PRI routing (e.g., such that should one

external or internal interface fail, an alternate will automatically accept traffic)" The system shall support both IPv4 and IPv6 protocol stacks or include a certificate that states the

vendor will support and comply with the IPv6 protocol as soon as they are commercially able." Fault and performance management system. This should include network level diagnostic capabilities* Provide hardware LAN installation" Provide NRC option for local device power or industry standard CORE switches with description of cost

versus benefit for each approach" Provide for the generation of reports such as PBX activity, traffic, and system faults" Provide for the ability to trace incoming lines

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" Provide for remote monitoring of the system" Provide associated racks for the new equipment" Capability for trunk routing and fail over trunking to an alternate site (not required for initial installation)" At least system moves, add, and changes to be completed via a windowed graphical user interface

able to be operated remotely on premises (via the system IP network).* The contractor shall comply with all applicable local and FCC regulatory requirements including Local

Number Portability (LNP), directory assistance, and emergency services (911 or E91 1) requirements toidentify the location of an originating station and route them to the appropriate Public Safety AnsweringPoint (PSAP).

4.2. Telephone Equipment and Features* A mininmum of 20 standard multi line digital telephone sets shall be able to support a minimum of 12

lines, with features such aso graphical display that is self labelling (meaning the keys around the display change to meet

user needs),o the display shall show phone lines, phone system features and services as neededo direct display of status (on/off hook).o a minimum of 12 programmable feature keyso full duplex speakerphoneo call transfer,o call forwarding,o call waiting (park/hold)o multiple call apperanceso caller IDo redialo speed dialo headset connectivityo speaker phone with hands free capabilityo local audio conferencing integrated in the phone set up to 6 lineso ability to store a personal directoryo ability to store a call logo ability to support external notifications such as external ringers or strobe lights

* A mininmum of 5 executive sets similar to the telephone sets above with a minimum of 1 extensionmodule to support a minimum of 24 self labeling programmable keys.

• A mininmum of 5 executive sets similar to the telephone sets above with a minimum of 2 extensionmodule to support a minimum of 22 keys each for any combination of lines and features.

" The executive sets shall support audio output to a standard local recorder (1V) able to ouput or acceptan audio signal for record or playback when the set is off-hook (e.g., any conversation on the set,regardless of line, may be captured on a scratch recorder at the set and played back into the set asneeded). This should be able to record speaker or handset while off hook.

* The executive sets shall have the ability to interface with a computer in order to upload/downloadinformation to the set

" A mininmum of 10 IP-based full duplex speakerphones capable of CORE or local power, with multi linesupport, and the abilty to add on a minimum of 1 expansion key module

4.3. Voice Recorder Minimum Specifications" System must be capable of recording digital, analog, ISDN, and VoIP phones.

" System must be capable of storing records on standard removable media (e.g., DVD-R, USBdrive, etc., not requiring special hardware for playback), or on Network-Attached Storage (NAS)devices.

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" The system shall provide continuous up time 24 hours a day 7 days a week.

* The system shall, at a minimum, redundantly record 64 lines (32 digital and 32 analog linesdedicated to telephone bridges or similar technology), configured such that no single hardwareor software failure will prevent recording a designated phone line.

* The system shall allow future expansion to record at least 200 telephones.

* The system shall track each line being recorded by phone set (e.g., a phone may have external,internal, and virtual lines in any combination (phone numbers) and the system shall record andretrieve any conversation on any line from the phone set.

* The system shall locally store data in the system for at least 10 days.

" The system shall record each digital call (e.g., off/on hook) as a separate recording.

" The system shall require that all periods of silence longer than a minimum of five (5) secondsnot be recorded.

* The system shall either store data internally in a common computer format (such as wav, mp3),or be able to export/store individual recordings in a format that can be translated using a freelyavailable codec.

* The system shall be able to connect to the NRC LAN via Ethernet to enable remote operationand backup.

* Once activated, the system shall record each call as a separate recording, searchable by phoneset/line and time of recording start/stop.

4.4. UPS Minimum specificationsElectrical power to all Operations Center locations will be on the emergency generator circuits. Powerto the the B1 level and the data center will also be protected by government supplied UPS systems,however, power to the telephone room in the B2 level of 3WFN is not on an UPS. In order to protectequipment installed in this area the contractor shall supply a rack mounted UPS. The following is a listof minimum specifications:

* Rack mounted* Minimun of 10KVa* Minimum of 1.5 hours of coverage" Redundant (N + 1) power supply* Power Distribution Units* Rail kit for rack mounting" Maintenance Bypass Panel" Remote Display Unit (to be installed on the B1 level)i Must support 208V 3 phase input

5. Contractor Tasks and Performance Requirements

5.1. Project ManagementThe contractor shall provide a technical project manager to oversee the procurement, installation, testing,and training for this task. The contractor shall provide the Government with an overall project plan that willinclude the procurement, installation, integration, testing, and integration of the equipment. The contractorshall provide the Government with weekly status reports and a daily punch list. The contractor shall workwith other contractors to ensure the integration and functionality of required components as directed by theGovernment. The contractor shall attend status meetings or the overall installtion and integration ofequipment in 3WFN as directed by the Government.

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5.2. Contractor ResponsibilitiesThe PBX must interface with the local exchange carrier (LEC), currently Verizon Business Services(Verizon), for local dial tone services and the General Services Administration's NETWORX UniversalContract Number (GSOOT07NSDO008) vendor Verizon for long distance services. The Contractor shallperform testing and coordinate cutover activities with both the LEC and the long distance providers toensure uninterrupted operations of voice communications and associated services.

5.3. InstallationThe PBX shall be installed in the Main Telecom Room on the B2 level (B209) of the 3WFN building, withthe majority of the telephone handsets installed in the HOC on the B1 level of 3WFN. Additionalyconnectivity will be required to the Data Center ( 4 th floor) and the HOO office (9 th floor). The contractor willperform the installation of the PBX in two phases. Phase I will be the installation of the PBX on the B2 leveland the handsets, analog and ISDN lines in the HOC area. Phase I will provide for system engineering,configuration, deployment of the new instruments with the number plan to each office, testing for internalsystem configurations, telephone set templates and system routines - such as backups and provide anopportunity for the NRC HOC system administration personnel to be trained on the operation of the switch.

The main Voice Recorder unit shall be installed in the Main Telecom Room on the B2 level (B209) of the3WFN building. The archival unit shall be installed in the HOC on the B1 level of 3WFN. The contractorshall install any required connectivity between the two units.

Phase II will provide the final steps toward operational use by including the deployment, migration, andtesting of the long distance trunks and the porting of the local DID and local number/trunks from the oldsystem to the new system.

6. Implementation Plan

The contractor shall provide the Government with an overall implementation plan that will include theprocurement, acceptance and delivery of the system equipment at the NRC in Rockville, MD. Theimplementation plan shall also address the installation of the PBX, the voice recorder, and associatedhardware in the telephone room on the B2 level, as well as on the other levels, the two phaseimplementation, and the cutover strategy with a contingency plan should the final transition not proceed asplanned. The contractor shall provide the Government with a project plan identifying all critical milestonesinclusive of user and system administration training, telecommunications services testing, and systemconfiguration testing. Upon acceptance of the implementation and project plans by the Government, thecontractor may proceed with the installation phases of the contract.

7. Test and Acceptance Plan

The Contractor shall coordinate with the Government and develop a System Test and AcceptancePlan. The Test and Acceptance Plan shall establish the processes, test cases, and schedules that willbe used to verify that the deployed system meets operational, feature, functionality, and interoperabilityrequirements specified in the contract.

The Contractor shall implement the plan and document the results. The Contractor shall perform alltesting in the presence of the Government representative and provide the Government ContractingOfficer Representative (COR) a copy of the test and evaluation results within 48 hours of completion ofthe task.

Minimum Deliverable:Test and Acceptance Plan - The System Acceptance Test Plan shall establish the processes, testcases, and schedules that will be used to verify that the deployed system meets operational, feature,functionality and security requirements specified in the contract and detailed system design.

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8. Post Installation Inspection

The contractor will be responsible for the installation of all equipment, ancillary devices, communicationsracks, switches, termination equipment, and system peripheral equipment needed to deploy a fullyfunctional system.

The vendor shall test the new system configuration with both local and long distance providers using testnumbers to ensure that the system is capable of processing calls as designed and planned.

The vendor will also inventory all system parts for the HOC Property Custodian and provide the custodianwith a sheet detailing all equipment parts that have serial numbers, inclusive of any system software.

The contractor will also inventory all telephone handsets and provide template services based upon theNRC COR direction. Each handset configuration will be tested with the system to ensure operability for allhandset functions and system features including voice mail and audio conferencing capabilities.

There will also be an inspection test of dial tone, features, and functions during an acceptance period priorto implementation. Once testing is demonstrated successfully and accepted by the NRC ProjectManager, the vendor will then be able to proceed with the cutover to the new system. This will takecoordination with the NRC COR to ensure that the HOC services are not interrupted or that unanticipatedlocal commercial telephone billing results.

9. Warranty Overview

The contractor shall provide warranty coverage for diagnosis, parts, and labor for 12 months or longerdepending on manufacturer warranty. The warranty will start from the day the new phone system isaccepted by the NRC Project Manager. The contractor will be able to troubleshoot remotely, working inconcert with the NRC IT staff. The contractor shall repair/replace all inoperable equipment on site. Thecontractor shall not remove any equipment from the NRC facility without prior approval from an authorizedNRC telecommunications representative. If equipment is removed it is necessary to leave like equipmentfunctioning in its place. Please provide a plan detailing how you will accomplish this. The contractor shallprovide the Government with a Point of Contact for the purposes of maintenance calls, both during andafter hours, weekends and holidays. If you are unable to provide coverage for all areas, then you mustprovide subcontractor information.

Warranty - Emergency Response Time (Major Outage)

The contractor shall respond by phone follow up within 2 hours and, if needed, on-site within 4 hours sameday for a major outage. Major outage is serious loss of function such as loss of I core system, loss ofmore than I PRI/T1 connection due to hardware or software failure, UPS failure, loss of Call ManagementSystem, loss of maintenance capability, or loss of external incoming or outgoing call routing.

Warranty - Non-Emergency Response Time (Minor Issue)

Non-emergency response by phone follow up within 4 hours and, if needed, on-site the start of the nextbusiness day.

Warranty - Routine Maintenance

During the initial 12 month warranty period, the contractor shall provide at least quarterly onsite inspectionsof the hardware and software and its operation with a written report to NRC of system performanceincluding any recommended upgrades, enhancements, system changes. As part of the initial installationand during the past three months of the period, the contractor shall provide a security survey and writtenreport detailing security configuration of all hardware and software along with any recommended changesor enhancements.

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10. Cyber Security and Documentation

" All user login information and access configurations shall be protected by the vendor andtreated in a restricted manner.

* Vendor personnel shall not access the PBX, either remotely or on the user's site, without priorauthorization from the user.

* Vendor personnel accessing the PBX shall not bypass user security procedures.* Instructions for and descriptions of security features and items for consideration shall be

provided for all of the PBX users, including administrators and operators." Vendor shall support the development of all requisite systems C&A in order to obtain an

Authority to Operate (ATO) consistent with the NRC Information Systems Security ProgramC&A, National Institute of Standards and Technology (NIST) and Federal Information SecurityManagement Act (FISMA) guidance, and NRC Management Directive (MD) 12.5.

* The vendor shall support the efforts to certify and accredit the PBX systems, which are underFISMA, by assisting with the completion of required security deliverables that may include but isnot. limited to the following: Memorandum of Understanding, Interconnection SecurityAgreements, Security Categorization, Privacy Impact Assessment, E-Authentication RiskAssessment, Security Risk Assessment, System Security Plan, Contingency Plan, SecurityTest and Evaluation Plan, Security Test and Evaluation Execution Report, Contingency PlanTest Execution Report, Plan of Actions and Milestone, and Certification Letter. In addition, thecontractor shall support the effort to develop and conduct security tests and evaluations, andcontingency plan tests as needed, to ensure or demonstrate system certification. The duedates and deliverables shall be coordinated with the NRC.

" The vendor shall ensure system is implemented with a security baseline configuration thatmeets NIST, NRC and vendor specification.

" The vendor shall identify a primary and secondary point of contact for addressing and resolvingissues related to the security of the PBX.

" The vendor shall have a documented method for notifying users of new or recurring securityproblems.

* All problems that pose a security threat to the PBX shall be prioritized and addressed in theorder of highest threat to the PBX.

* If security problems are identified by the vendor in a supported release, the vendor shall makethat information available to authorized user representatives in a protected fashion.

" If possible, security fixes to identified security problems shall not require the installation of thenext release of the PBX software.

* All new software features and patches shall be tested first on a development system andapproved by an appropriate testing organization, prior to installation on an operational system.

* Tests that modify live data shall not be performed.* A risk analysis shall be conducted of proposed software changes to determine their impact on

PBX security.* Any changes to security features or security defaults shall be documented and made available

to the user before the software is distributed." All maintenance and feature releases shall be subject to the entire set of development life cycle

requirements." Documentation shall be provided that describes the secure administration, operation and use of

new software features and fixes.* Instructions for and descriptions of security features and items for consideration shall be

provided for all of the PBX users, including administrators and operators.* The documentation shall have the appropriate proprietary markings.* General user documentation shall not contain any information that could compromise PBX

security if publicly disclosed. Actual passwords shall not be listed in the documents.

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" A User Guide that describes all security features, and provides guidelines on their use, shall beprovided.

* There shall be a System Administration Guide that contains:a. Description of security features and protection considerations for securing the PBX;b. Description of security tools used to examine the security of the PBX and guidelines on the

use of these tools;*c. Recommendations for configuring the security related parameters of the PBX software;d. Guidelines on the administrator functions and activities needed to secure the PBX;e. Guidelines on security self-assessment techniques to assess and maintain PBX security.f. Guidelines on monitoring and maintaining the availability of the PBX and its resources to

detect and prevent denial of service attacks and to maintain the integrity of securityfeatures (e.g., log space to record system activity).

* The System Operations Guide shall describe procedures to initially start the PBX in a securemanner and to restart and recover the PBX after various system events.

" Documentation shall be distributed through authorized channels.

11. Schedule for DeliverablesThe timelines for deliverables outlined below allow time for document draft reviews, feedback, and finalproduct. Please notice that line items 1, and 3 are drafts of each major deliverable, each draft shall besubmitted for review prior to make it a final product.

# . Deliverables1) Draft of Project Management Plan Five working days after award2) Final Project Management Plan Four working days after the

COR approves the draft plan.This plan shall be updated asneeded.

3) Draft of Installation/ Implementation Plan Ten working days after award4) Final Installation/ Implementation Plan Five working days after the


5) Draft of Test and Acceptance plan Ten working days after award6) Final Test and Acceptance plan Five working days after the


7) Draft Training Plan Twenty working days afteraward.

8) Final Training Plan Five working days after theCOR approves the draft plan.This plan shall be updated asneeded.

9) Final Inventory of installed equipment One week prior to end of TaskOrder

10) Update documentation One week prior to end of TaskOrder

11) Lessons Learned One week prior to end of TaskOrder

12) Status meetings As requested per COR13) Weekly status reports Weekly (by close of business

each Monday)

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NRC-HQ-1 2-C-07-0121

12. Delivery Dates

This information is to be determined. At this time, the installation period is expected to be about Summer2012. Contractor shall provide the lead time for the eqipment from date of order to delivery date.

13. NRC Furnished Material and Equipment/Property

The NRC will not supply any equipment, tools or manpower to remove existing equipment or install newvendor supplied equipment. Vendor shall have the necessary human resources and tools to install,move and test functionality. The vendor will leave the work area broom clean at the end of each work day.

14. Meetings and Travel

The NRC staff will make themselves available for phone or onsite (Rockville, MD) meetings with the vendorto clarify any issues or concerns there may be with the impelementation process. All travel will be approvedin advance by the NRC Contracting Officer Representative.

15. System Performance Requirements

The PBX shall be designed to support continuous up time 24 hours a day 7 days a week. Unplannedoutages affecting incoming or outgoing call routing, more than 20 provisioned desk sets or internal circuitsnot processing calls, or more than 34% of external circuits unavailable due to system hardware or softwarefailure which are not repaired or restored using alternate means within 8 contiguous hours from reporting tothe contractor by NRC shall be considered system down time. System down time in excess of 1 hour permonth or 8 hours per year will result in a performance penalty against ongoing maintenance costs of $100per hour by the government.

16. Training

16.1. PBX TrainingThe contractor will provide on-site system administrator training to three (3) system administratorsto properly maintain the system and complete routine activities like move/add/changes. Usertraining will be provided on-site to a minimum of 25 users as well. This shall include electronicversions of all training, operating, and reference materials. This training will be included in thetotal purchase price of the new PBX discussed in this SOW. Telephone set user guides will be leftwith each new handset deployed appropriate for the handset being deployed.

16.2. Voice Recorder TrainingThe Contractor shall provide on-site system administrator training and related commerecialdocumentation to up to three (3) system administrators to properly operate the system. TheContractor shall also provide on-site user training and related commercial documentation to up tofifteen (15) users. Training shall be provided within five days of the acceptance of the system byNRC. This shall include electronic versions of those manuals if they are commercially offered thatway.

17. Place of Performance

The equipment will be installed the the new Three White Flint North (3WFN) building located in RockvilleMD. The exact address of the location will be specified at a later date,

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18. Standard Of Performance And Acceptance Of Equipment

18.1. GeneralThis clause establishes a standard of performance which must be met before any equipmentdelivered under this contract is accepted by the Government. This provision also includesreplacement, substitute machines, and machines, which are added or modified in a minor wayat the Government site after a successful performance period.

18.2. Performance PeriodPerformance period shall begin on the day following the Government acceptance of thesuccessful test results of the Test and Acceptance plan as delineated in section 7. Theperformance period shall end when equipment has met the standard of performance for aperiod of thirty (30) consecutive days by operating in conformance with the Contractor'stechnical specifications and functional descriptions.

18.3. Continuance of Performance PeriodIf equipment does not meet the standard of performance during the initial 30 consecutive days,the performance period may continue on a day-by-day basis until the standard of performanceis met for thirty (30) consecutive days.

18.4. Failure to Meet Standard of PerformanceIf equipment fails to meet standard of performance criteria after 90 calendar days frominstallation or start of performance period, whichever is later, the Government may at its optionrequest a replacement or terminate the contract for default and-require immediate removal ofthe equipment.

18.5. Date of AcceptanceWarranty shall commence on the first day of the successful performance period. TheGovernment shall not accept equipment and shall not pay charges until the standard ofperformance is met. The effective date of acceptance shall be the first day of the 30-daysuccessful performance period.

18.6. Daily RecordsThe Government will maintain appropriate daily records to document the acceptance periodand shall notify the Contractor in writing of the date of the first day of successful performance.

19. Section 508 Requirements

Unless the Government invokes an exemption, the proposed solution and associated services shallfully comply with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, and theArchitectural and Transportation Barriers Compliance Board's Electronic and Information TechnologyAccessibility Standards at 36 CFR 1194. The Contractor shall identify all products and servicesprovided and state the degree to which compliance with applicable standards is met. Additionally, theContractor must clearly indicate where the information pertaining to Section 508 compliance can befound (e.g. Vendor's or other exact web page location). The Contractor shall ensure that the list iseasily accessible by typical users beginning at the time of award.

The Contractor shall ensure that all products and services provided that are less than fully compliantare offered pursuant to extensive market research, which ensures that they are the most compliantproducts and services available to satisfy Government requirements.

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If any product or service proposed is not fully compliant with all of the standards, the Contractor shallspecify each specific standards that is not met; provide a detailed description as to how the product orservices does not comply with the identified standard(s); and shall also indicate the degree ofcompliance.

20. Quality Assurance

The NRC is very concerned that the support supplied by the Contractor shall be of the highest possiblequality. To ensure the highest possible quality, the Contractor shall address quality as an impliedcomponent of all tasks and services requested delivered throughout the life of the contract.

NRC's goal is to provide 100% customer satisfaction to its end-users, its licensees, and the generalpublic accessing NRC systems. All Contractor activities shall be in compliance with the NRC's qualityassurance goal of providing 100% customer satisfaction. The Contractor shall provide support thatenables this level of quality to be attained by developing and maintaining service goals that include, ata minimum, customer satisfaction. Workmanship performance for all Contractor efforts shall complywith current government and industry standards.

The Contractor shall be responsible for the implementation of a quality assurance program throughwhich all products and services must pass prior to delivery to the Government. The Contractor shallestablish quality assurance methods and procedures which demonstrate a commitment to ensuring theability to deliver to the Government the best quality products and services, and in developingimprovements in performance, productivity and management of this contract.

21. General Information

21.1. Work ScheduleThe system may be installed during normal business hours for initial testing, configuration,security hardening, and security test and evaluation, the full cutover shall occur with little or nodisruption to existing services. Any disruption of service must be coordinated in advance withthe NRC COR.

21.2. SafetyNo personnel presenting potential threats to the health, safety, security, general well being, oroperational mission of the installation and its population shall be employed by the Contractorduring the performance of this work. The Government reserves the right to dismiss anyon-site Contractor staff whom it feels presents such threats.

21.3. SecurityAll contracted personnel shall comply with established security procedures for entering aninstallation and its facilities, including special security procedures for entry to restricted orcontrolled areas. The Contractor shall obtain necessary badges or documents required forentry to restricted or controlled areas, if applicable, to meet the requirements of this workstatement. The Contractor shall coordinate with the NRC COR to obtain and returntemporary badges and vehicle registrations.

21.4. Work Area(s)The contractor is responsible for ensuring the work area is neat and tidy at the end of eachbusiness day, with all work areas "broom clean", all packing materials, and all wiring properlydisposed of. Extraneous ANS system documentation shall be properly stored either with theequipment or provided to the Government COR.

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C.2 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY (NOVEMBER2006)

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

Name: Omar Khan

Address: U.S. Nuclear Regulatory CommissionOffice of Nuclear Security and Incident ResponseMail Stop - TWFNWashington, DC 20555

Telephone Number: (301) 415-6995

(b) Performance of the work under this contract is subject to the technical direction of the NRCContracting Officer Representative. The term "technical direction" is defined to include the following:

(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks,authorizes travel which was unanticipated in the Schedule (i.e., travel not contemplated in the Statement ofWork (SOW) or changes to specific travel identified in the SOW), fills in details, or otherwise serves toaccomplish the contractual SOW.

(2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, ortechnical portions of the work description.

(3) Review and, where required by the contract, approval of technical reports, drawings,specifications, and technical information to be delivered by the contractor to the Government under thecontract.

(c) Technical direction must be within the general statement of work stated in the contract. TheContracting Officer Representative does not have the authority to and may not issue any technicaldirection which:

(1) Constitutes an assignment of work outside the general scope of the contract.

(2) Constitutes a change as defined in the "Changes" clause of this contract.

(3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, ifany, or the time required for contract performance.

(4) Changes any of the expressed terms, conditions, or specifications of the contract.

(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues anyunilateral directive whatever.

(d) All technical directions must be issued in writing by the Contracting Officer Representative or mustbe confirmed by the Contracting Officer Representative in writing within ten (10) working days after verbalissuance. A copy of the written direction must be furnished to the contracting officer. A copy of NRC Form445, Request for Approval of Official Foreign Travel, which has received final approval from the NRC mustbe furnished to the contracting officer.

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(e) The contractor shall proceed promptly with the performance of technical directions duly issued bythe Contracting Officer Representative in the manner prescribed by this clause and within the ContractingOfficer Representative's authority under the provisions of this clause.

(f) If, in the opinion of the contractor, any instruction or direction issued by the Contracting OfficerRepresentative is within one of the categories as defined in paragraph (c) of this section, the contractormay not proceed but shall notify the contracting officer in writing within five (5) working days after thereceipt of any instruction or direction and shall request the contracting officer to modify the contractaccordingly. Upon receiving the notification from the contractor, the contracting officer shall issue anappropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion,the technical direction is within the scope of this article and does not constitute a change under the"Changes" clause.

(g) Any unauthorized commitment or direction issued by the Contracting Officer Representative mayresult in an unnecessary delay in the contractor's performance and may even result in the contractorexpending funds for unallowable costs under the contract.

(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contractaction to be taken with respect thereto is subject to 52.233-1 -Disputes.

(i) In addition to providing technical direction as defined in paragraph (b) of the section, the ContractingOfficer Representative shall:

(1) Monitor the contractor's technical progress, including surveillance and assessment of

performance, and recommend to the contracting officer changes in requirements.

(2) Assist the contractor in the resolution of technical problems encountered during performance.

(3) Review all costs requested for reimbursement by the contractor and submit to the contractingofficer recommendations for approval, disapproval, or suspension of payment for supplies and servicesrequired under this contract.

(4) Assist the contractor in obtaining the badges for the contractor personnel.

(5) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail)when a contractor employee no longer requires access authorization and return of any NRC issued badgeto SB/DFS within three days after their termination.

(6) Ensure that all contractor employees that require access to classified Restricted Data or NationalSecurity Information or matter, access to sensitive unclassified information (Safeguards, Official Use Only,and Proprietary information) access to sensitive IT systems or data, unescorted access to NRC controlledbuildings/space, or unescorted access to protected and vital areas of nuclear power plants receiveapproval of SB/DFS prior to access in accordance with Management Directive and Handbook 12.3.

(7) For contracts for the design, development, maintenance or operation of Privacy Act Systems ofRecords, obtain from the contractor as part of closeout procedures, written certification that the contractorhas returned to NRC, transferred to the successor contractor, or destroyed at the end of the contract inaccordance with instructions provided by the NRC Systems Manager for Privacy Act Systems of Records,all records (electronic or paper) which were created, compiled, obtained or maintained under the contract.

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C.3 PLACE OF DELIVERY--REPORTS (AUG 2011)

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

U.S. Nuclear Regulatory CommissionOffice of Nuclear Security and Incident ResponseAttn: Omar Khan (1 copy)Mail Stop: T-4A45Washington, DC 20555

U.S. Nuclear Regulatory CommissionDivision of Contracts

Attn: Michael Turner (1 copy)Mail Stop: TWB-01-B1OMWashington, DC 20555

C.4 PERIOD OF PERFORMANCE (AUG 2011)

This contract shall commence on September 28, 2012 and will expire one year from the acceptancedate of the PBX/Voice Recorder systems.

C.5 52.252-2 CLAUSES INCORCORRATED BY REFERENCE (FEB 1998)

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

https://www. acquisition.gov/far/

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIALITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same forceand effect as if they were given in full text. Upon request, the Contracting Officer will make their full textavailable.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform tothe requirements of this contract. The Government reserves the right to inspect or test any supplies orservices that have been tendered for acceptance. The Government may require repair or replacement ofnonconforming supplies or reperformance of nonconforming services at no increase in contract price. Ifrepair/replacement or reperformance will not correct the defects or is not possible, the Government mayseek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies orservices. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

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(2) Before any substantial change occurs in the condition of the item, unless the change is due to thedefect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a resultof performance of this contract to a bank, trust company, or other financing institution, including anyFederal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However,when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), theContractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by writtenagreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.601-613). Failure of the parties to this contract to reach agreement on any request for equitableadjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to beresolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein byreference. The Contractor shall proceed diligently with performance of this contract, pending finalresolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by anoccurrence beyond the reasonable control of the Contractor and without its fault or negligence such as,acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity,fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of commoncarriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possibleafter the commencement of any excusable delay, setting forth the full particulars in connection therewith,shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to theContracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies(or electronic invoice, ifauthorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight ofshipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

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(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if requiredelsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be aproper invoice, the Contractor shall have submitted correct EFT banking information in accordance withthe applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic FundsTransfer-- Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--OtherThan Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay byEFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Officeof Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees andagents against liability, including costs, for actual or alleged direct or contributory infringement of, orinducement to infringe, any United States or foreign patent, trademark or copyright, arising out of theperformance of this contract, provided the Contractor is reasonably notified of such claims andproceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have beendelivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt PaymentAct (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) forthe appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed fromthe date of the invoice. For the purpose of computing the discount earned, payment shall be considered tohave been made on the date which appears on the payment check or the specified payment date if anelectronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoicepayment or that the Government has otherwise overpaid on a contract financing or invoice payment, theContractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with adescription of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidationerrors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

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(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shallbear simple interest from the date due until paid unless paid within 30 days of becoming due. The interestrate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of theContract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amountbecomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-monthperiod as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due

under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence oramount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer withinthe timeline specified in the demand for payment unless the amounts were not repaid because theContractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by theContracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included inthe final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resultingfrom a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved

beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amountotherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise havebecome payable to the Contractor.

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(vii) The interest charge made under this clause may be reduced under the procedures prescribedin 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to thesupplies provided under this contract shall remain with the Contractor until, and shall pass to theGovernment upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, iftransportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(I) Termination for the Government's convenience. The Government reserves the right to terminate thiscontract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shallimmediately stop all work hereunder and shall immediately cause any and all of its suppliers andsubcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid apercentage of the contract price reflecting the percentage of the work performed prior to the notice oftermination, plus reasonable charges the Contractor can demonstrate to the satisfaction of theGovernment using its standard record keeping system, have resulted from the termination. The Contractorshall not be required to comply with the cost accounting standards or contract cost principles for thispurpose. This paragraph does not give the Government any right to audit the Contractor's records. TheContractor shall not be paid for any work performed or costs incurred which reasonably could have beenavoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause inthe event of any default by the Contractor, or if the Contractor fails to comply with any contract terms andconditions, or fails to provide the Government, upon request, with adequate assurances of futureperformance. In the event of termination for cause, the Government shall not be liable to the Contractor forany amount for supplies or services not accepted, and the Contractor shall be liable to the Government forany and all rights and remedies provided by law. If it is determined that the Government improperlyterminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shallpass to the Government upon acceptance, regardless of when or where the Government takes physicalpossession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantableand fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not beliable to the Government for consequential damages resulting from any defect or deficiencies in accepteditems.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and SafetyStandards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to

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NRC-HQ-1 2-C-07-0121Section C

whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurementintegrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by givingprecedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with LawsUnique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for- computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible duringperformance and through final payment of any contract for the accuracy and completeness of the datawithin the CCR database, and for any liability resulting from the Government's reliance on inaccurate orincomplete data. To remain registered in the CCR database after the initial registration, the Contractor isrequired to review and update on an annual basis from the date of initial registration or subsequent updatesits information in the CCR database to ensure it is current, accurate and complete. Updating information inthe CCR does not alter the terms and conditions of this contract and is not a substitute for a properlyexecuted contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or divisionname (whichever is shown on the contract), or has transferred the assets used in performing the contract,but has not completed the necessary requirements regarding novation and change-of-name agreements inFAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of onebusiness day's written notification of its intention to (A) change the name in the CCR database; (B) complywith the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified bythe responsible Contracting Officer. The Contractor must provide with the notification sufficientdocumentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or failsto perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properlyexecuted novation or change-of-name agreement, the CCR information that shows the Contractor to beother than the Contractor indicated in the contract will be considered to be incorrect information within themeaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of thiscontract.

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(3) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Informationprovided to the Contractor's CCR record that indicates payments, including those made by EFT, to anultimate recipient other than that Contractor will be considered to be incorrect information within themeaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmationrequirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or269-961-5757.

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENTSTATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, whichare incorporated in this contract by reference, to implement provisions of law or Executive ordersapplicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officerhas indicated as being incorporated in this contract by reference to implement provisions of law orExecutive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with AlternateI (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252,Title VI, Chapter 1 (41 U.S.C. 251 note)).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recoveryand Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (AUG2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010)(Pub. L. 111-5).

[X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with ContractorsDebarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

[1 (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB2012) (41 U.S.C. 2313).

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[] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)(section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 1 7.1-117 section 742 ofDivision D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

[] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (11) [Reserved]

[X] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[X] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

[] (15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (JUL 2010) of 52.219-9.

[] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged BusinessConcerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate inits offer.)

[] (ii) Alternate I (June 2003) of 52.219-23.

[] (20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status andReporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting(Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV2011) (15 U.S.C. 657f).

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[X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C632(a)(2)).

[] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned SmallBusiness (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).

[] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) ConcernsEligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).

[X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O.13126).

[X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.Q. 11246).

[X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

[X] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC2010) (E.O. 13496).

[] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Notapplicable to the acquisition of commercially available off-the-shelf items or certain other types ofcommercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-DesignatedItems (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially availableoff-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisitionof commercially available off-the-shelf items.)

[X] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C.8259b).

[X] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal ComputerProducts (DEC 2007) (E.O. 13423).

[] (ii) Alternate I (DEC 2007) of 52.223-16.

[X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG2011)

[] (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-1Od).

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[] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (MAY 2012) (41U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 not=-,Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and112-42).

[] (ii) Alternate I (MAR 2012) of 52.225-3.

[] (iii) Alternate II (MAR 2012) of 52.225-3.

[] (iv) Alternate III (MAR 2012) of 52.225-3.

[] (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations,and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

[] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.255(f), 10 U.S.C. 2307(f)).

[] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10U.S.C. 2307(f)).

[X] (47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct2003) (31 U.S.C. 3332).

[] (48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central ContractorRegistration (May 1999) (31 U.S.C. 3332).

[] (49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercialservices, that the Contracting Officer has indicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41U.S.C. 351, et seq.).

Employee Class Monetary Wage-Fringe Benefits

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[1 (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (MultipleYear and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[1 (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts forMaintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, etseq.).

[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for CertainServices--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L.110-247)

[] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions ofthis paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplifiedacquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the ComptrollerGeneral, shall have access to and right to examine any of the Contractor's directly pertinent recordsinvolving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials,and other evidence for examination, audit, or reproduction, until 3 years after final payment under thiscontract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the otherclauses of this contract. If this contract is completely or partially terminated, the records relating to the workterminated shall be made available for 3 years after any resulting final termination settlement. Recordsrelating to appeals under the disputes clause or to litigation or the settlement of claims arising under orrelating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices,and other data, regardless of type and regardless of form. This does not require the Contractor to create ormaintain any record that the Contractor does not maintain in the ordinary course of business or pursuant toa provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause,the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in asubcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall beas required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, TitleVI, Chapter 1 (41 U.S.C. 251 note)).

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(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), inall subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts tosmall business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), thesubcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.Q. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts forMaintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, etseq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for CertainServices-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employee Eligibility Verification (JUL 2012)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L.110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FARclause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimalnumber of additional clauses necessary to satisfy its contractual obligations.

52.204-9 PERSONAL IDENTITY VERIFICATION OF JAN 2011

CONTRACTOR PERSONNEL

C.8 52.219-17 SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and theterms and conditions by subcontracting with the Offeror who has been determined an eligible concernpursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

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(2) Except for novation agreements and advance payments, delegates to the Nuclear RegulatoryCommission the responsibility for administering the contract with complete authority to take any action onbehalf of the Government under the terms and conditions of the contract; provided, however that thecontracting agency shall give advance notice to the SBA before it issues a final notice terminating the rightof the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by thecontracting activity.

(4) To notify the Nuclear Regulatory Commission Contracting Officer immediately upon notificationby the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquishownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal fromdecisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfilland perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of therequirements of this subcontract to any lower tier subcontractor without the prior written approval of theSBA and the cognizant Contracting Officer of the Nuclear Regulatory Commission.

C.9 PACKAGING AND MARKING (AUG 2011)

(a) The Contractor shall package material for shipment to the NRC in such a manner that will ensureacceptance by common carrier and safe delivery at destination. Containers and closures shall complywith the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriersas applicable to the mode of transportation.

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

(c) Additional packaging and/or marking requirements are as follows:

C.10 BRANDING (AUG 2011)

The Contractor is required to use the official NRC branding logo or seal on any publications,presentations, products, or materials funded under this contract, to the extent practical, in order to provideNRC recognition for its involvement in and contribution to the project. If the work performed is fundedentirely with NRC funds, then the contractor must acknowledge that information in itsdocumentation/presentation.

Access the following websites for branding information and specifications:http://www.internal.nrc.gov/ADM/branding/ and Management Directive and Handbook 3.13 -

(internal NRC website): http://www.internal.nrc.gov/policy/directives/toc/md3.13.htm

(external public website): http://pbadupws.nrc.gov/docs/ML1122/ML112280190.pdf

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C.11 ELECTRONIC PAYMENT (AUG 2011)

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds bemade 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, "PublicVoucher for Purchases Other than Personal - Continuation Sheet." The preferred method of submittinginvoices is electronically to the Department of the Interior at [email protected]. If thecontractor submits a hard copy of the invoice, it shall be submitted to the following address:

Department of the InteriorNational Business CenterAttn: Fiscal Services Branch - D27707301 West Mansfield AvenueDenver, CO 80235-2230

C.12 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL (JULY

2011)

INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL

Basic Contract IT Security Requirements

For unclassified information used for the effort, the contractor shall provide an information securitycategorization document indicating the sensitivity of the information processed as part of this contract if theinformation security categorization was not provided in the statement of work. The determination shall bemade using National Institute of Standards and Technology (NIST) Special Publication (SP) 800-60 andmust be approved by CSO. The NRC contracting officer and Contracting Officer's Representative (COR)shall be notified immediately before the contractor begins to process information at a higher sensitivitylevel.

If the effort includes use or processing of classified information, the NRC contracting officer andContracting Officer's Representative (COR) shall be notified before the contractor begins to processinformation at a more restrictive classification level.

All work under this contract shall comply with the latest version of policy, procedures and standards.Individual task orders will reference latest versions of standards or exceptions as necessary. Thesepolicy, procedures and standards include: NRC Management Directive (MD) volume 12 Security,Computer Security Office policies, procedures and standards, National Institute of Standards andTechnology (NIST) guidance and Federal Information Processing Standards (FIPS), and Committee onNational Security Systems (CNSS) policy, directives, instructions, and guidance. This information isavailable at the following links:

NRC Policies, Procedures and Standards (CSO internal website):

http://www.internal.nrc.gov/CSO/policies.html

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NRC Policy and Procedures For Handling, Marking and Protecting Sensitive UnclassifiedNon-Safeguards Information (SUNSI): http://www.internal.nrc.gov/sunsi/pdf/SUNSI-Policy-Procedures.pdf

All NRC Management Directives (public website):http://www.nrc.gov/reading-rm/doc-collections/management-directives/

NIST SP and FIPS documentation is located at: http://csrc.nist.gov/

CNSS documents are located at: http://www.cnss.gov/

The Contractor shall ensure compliance with the latest version of NIST guidance and FIPS standardsavailable at contract issuance and continued compliance with the latest versions within one year of therelease date.

When e-mail is used, the Contractors shall only use NRC provided e-mail accounts to send and receivesensitive information (information that is not releasable to the public) or mechanisms to protect theinformation during transmission to NRC that have been approved by CSO.

All Contractor employees must sign the NRC Agency-Wide Rules of Behavior for Authorized Computer

Use prior to being granted access to NRC computing resources.

The Contractor shall adhere to following NRC policies:

1. Management Directive 12.5, Automated Information Security Program2. NRC Sensitive Unclassified Non-Safeguards Information (SUNSI)3. Computer Security Policy for Encryption of Data at Rest When Outside of Agency Facilities4. Policy for Copying, Scanning, Printing, and Faxing SGI & Classified Information5. Computer Security Information Protection Policy6. Remote Access Policy7. Use of Commercial Wireless Devices, Services and Technologies Policy8. Laptop Security Policy9. Computer Security Incident Response Policy

Contractor will adhere to NRC's prohibition of use of personal devices to process and store NRCsensitive information.

All electronic process of NRC sensitive information, including system development and operations andmaintenance performed at non-NRC facilities shall be in facilities, networks, and computers that have beenaccredited by NRC for processing information at the highest sensitivity of the information that is processedor will ultimately be processed.

Contract Performance And Closeout

The contractor shall ensure that the NRC data processed during the performance of this contract shallbe purged from all data storage components of the contractor's computer facility. Tools used to performdata purging shall be approved by the CISO. The contractor shall provide written certification to the NRCcontracting officer that the contractor does not retain any NRC data within 30 calendar days after contractcompletion. Until all data is purged, the contractor shall ensure that any NRC data remaining in anystorage component will be protected to prevent unauthorized disclosure.

When contractor employees no longer require access to an NRC system, the contractor shall notify theContracting Officer's Representative (COR) within 24 hours.

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Upon contract completion, the contractor shall provide a status list of all contractor employees who wereusers of NRC systems and shall note if any users still require access to the system to perform work if afollow-on contract or task order has been issued by NRC.

Control Of Information And Data

The contractor shall not publish or disclose in any manner, without the contracting officer's writtenconsent, the details of any security controls or countermeasures either designed or developed by thecontractor under this contract or otherwise provided by the NRC.

Any IT system used to process NRC sensitive information shall:

1. Include a mechanism to require users to uniquely identify themselves to the system beforebeginning to perform any other actions that the system is expected to provide.

2. Be able to authenticate data that includes information for verifying the claimed identity of individualusers (e.g., passwords)

3. Protect authentication data so that it cannot be accessed by any unauthorized user4. Be able to enforce individual accountability by providing the capability to uniquely identify each

individual computer system user5. Report to appropriate security personnel when attempts are made to guess the authentication data

whether inadvertently or deliberately.

Access Controls

Any contractor system being used to process NRC data shall be able to define and enforce accessprivileges for individual users. The discretionary access controls mechanisms shall be configurable toprotect objects (e.g., files, folders) from unauthorized access.

The contractor system being used to process NRC data shall provide only essential capabilities andspecifically prohibit and/or restrict the use of specified functions, ports, protocols, and/or services.

The contractors shall only use NRC approved methods to send and receive information consideredsensitive or classified. Specifically,

1. Classified Information - All NRC Classified data being transmitted over a network shall use NSAapproved encryption and adhere to guidance in MD 12.2 NRC Classified Information Security Program,MD 12.5 NRC Automated Information Security Program and Committee on National Security Systems.Classified processing shall be only within facilities, computers, and spaces that have been specificallyapproved for classified processing.

2. SGI Information - All SGI being transmitted over a network shall adhere to guidance in MD 12.7NRC Safeguards Information Security Program and MD 12.5 NRC Automated Information SecurityProgram. SGI processing shall be only within facilities, computers, and spaces that have been specificallyapproved for SGI processing. Cryptographic modules provided as part of the system shall be validatedunder the Cryptographic Module Validation Program to conform to NIST FIPS 140-2 overall level 2 andmust be operated in FIPS mode. The contractor shall provide the FIPS 140-2 cryptographic modulecertificate number and a brief description of the encryption module that includes the encryptionalgorithm(s) used, the key length, and the vendor of the product.

The most restrictive set of rights/privileges or accesses needed by users (or processes acting on behalfof users) for the performance of specified tasks must be enforced by the system through assigned accessauthorizations.

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Separation of duties for contractor systems used to process NRC information must be enforced by thesystem through assigned access authorizations.

The mechanisms within the contractor system or application that enforces access control and othersecurity features shall be continuously protected against tampering and/or unauthorized changes.

Configuration Standards

. All systems used to process NRC sensitive information shall meet NRC configuration standardsavailable at: http://www.internal.nrc.gov/CSO/standards.html.

Media Handling

All media used by the contractor to store or process NRC information shall be controlled in accordancewith the sensitivity level.

The contractor shall not perform sanitization or destruction of media approved for processing NRCinformation designated as SGI or Classified. The contractor must provide the media to NRC fordestruction.

Vulnerability Management

The Contractor must adhere to NRC patch management processes for all systems used to processNRC information. Patch Management reports will made available to the NRC upon request for followingsecurity categorizations and reporting timeframes:

- 5 calendar days after being requested for a high sensitivity system -10 calendar days after beingrequested for a moderate sensitivity system -15 calendar days after being requested for a low sensitivitysystem

For any contractor system used to process NRC information, the contractor must ensure thatinformation loaded into the system is scanned for viruses prior to posting; servers are scanned for viruses,adware, and spyware on a regular basis; and virus signatures are updated at the following frequency:

-1 calendar day for a high sensitivity system-3 calendar days for a moderate sensitivity system-7 calendar days for a low sensitivity system

C.13 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL

EXCEPTIONS (JULY 2011)

INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL EXCEPTIONS

All purchases shall comply with the latest version of policy, procedures and standards. Individual taskorders will reference latest versions of policy, procedures, standards or exceptions as necessary. Thesepolicy, procedures and standards include: NRC Management Directive (MD) volume 12 Security,Computer Security Office policies, procedures and standards, National Institute of Standards andTechnology (NIST) guidance and Federal Information Processing Standards (FIPS), and Committee onNational Security Systems (CNSS) policy, directives, instructions, and guidance. This information isavailable at the following links:

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All procurements must be certified and accredited prior to being placed into an operational state.

All electronic processing of NRC sensitive information, including all system development andoperations and maintenance activities performed at non-NRC facilities shall be in facilities, networks, andcomputers that have been accredited by NRC for processing information at the highest sensitivity of theinformation that is processed or will ultimately be processed.

All systems used to process NRC sensitive information shall meet NRC configuration standardsavailable at: http://www.internal.nrc.gov/CSO/standards.html.

C.14 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS (AUG 2011)

Annual and final evaluations of contractor performance under this contract will be prepared inaccordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near the timethe contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract doesnot have option years, then an annual evaluation will be prepared (state time for annual evaluation).Final evaluations of contractor performance will be prepared at the expiration of the contract during thecontract closeout process.

The Contracting Officer will transmit the NRC Contracting Officer's Representative's (COR) annual andfinal contractor performance evaluations to the contractor's Project Manager, unless otherwise instructedby the contractor. The contractor will be permitted thirty days to review the document and submitcomments, rebutting statements, or additional information.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, theContracting Officer will consider such evaluation final and releasable for source selection purposes.Disagreements between the parties regarding a performance evaluation will be referred to an individualone level above the Contracting Officer, whose decision will be final.

The Contracting Officer will send a copy of the completed evaluation report, marked "Source SelectionInformation", to the contractor's Project Manager for their records as soon as practicable after it has beenfinalized. The completed evaluation report also will be used as a tool to improve communicationsbetween the NRC and the contractor and to improve contract performance.

The completed annual performance evaluation will be used to support future award decisions inaccordance with FAR 42.1502 and 42.1503. During the period the information is being used to providesource selection information, the completed annual performance evaluation will be released to only twoparties - the Federal government personnel performing the source selection evaluation and the contractorunder evaluation if the contractor does not have a copy of the report already.

C.15 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE (MAR 2011)

In accordance with Appendix III, "Security of Federal Automated Information Resources," to Office ofManagement and Budget (OMB) Circular A-1 30, "Management of Federal Information Resources," NRChas established rules of behavior for individual users who access all IT computing resources maintainedand operated by the NRC or on behalf of the NRC. In response to the direction from OMB, NRC has issuedthe "Agency-wide Rules of Behavior for Authorized Computer Use" policy, hereafter referred to as the rules

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of behavior. The rules of behavior for authorized computer use will be provided to NRC computer users,including contractor personnel, as part of the annual computer security awareness course.

The rules of behavior apply to all NRC employees, contractors, vendors, and agents (users) who haveaccess to any system operated by the NRC or by a contractor or outside entity on behalf of the NRC. Thispolicy does not apply to licensees. The next revision of Management Directive 12.5, "NRC AutomatedInformation Security Program," will include this policy. The rules of behavior can be viewed athttp://www.internal.nrc.gov/CSO/documentsfROB.pdf or use NRC's external Web-based ADAMS athttp://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box).

The rules of behavior are effective immediately upon acknowledgement of them by the person who isinformed of the requirements contained in those rules of behavior. All current contractor users arerequired to review and acknowledge the rules of behavior as part of the annual computer securityawareness course completion. All new NRC contractor personnel will be required to acknowledge therules of behavior within one week of commencing work under this contract and then acknowledge ascurrent users thereafter. The acknowledgement statement can be viewed athttp://www.internal.nrc.gov/CSO/documents/ROB Ack.pdf or use NRC's external Web-based ADAMS athttp://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box).

The NRC Computer Security Office will review and update the rules of behavior annually beginning inFY 2011 by December 31st of each year. Contractors shall ensure that their personnel to which thisrequirement applies acknowledge the rules of behavior before beginning contract performance and, if theperiod of performance for the contract lasts more than one year, annually thereafter. Training on themeaning and purpose of the rules of behavior can be provided for contractors upon written request to theNRC Contracting Officer's Representative (COR).

The contractor shall flow down this clause into all subcontracts and other agreements that relate toperformance of this contract/order if such subcontracts/agreements will authorize access to NRCelectronic and information technology (EIT) as that term is defined in FAR 2.101.

C.16 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (AUG 2011)

NRC contractors shall ensure that their employees, consultants, and subcontractors with access to theagency's information technology (IT) equipment and/or IT services complete NRC's online initial andrefresher IT security training requirements to ensure that their knowledge of IT threats, vulnerabilities, andassociated countermeasures remains current. Both the initial and refresher IT security training coursesgenerally last an hour or less and can be taken during the employee's regularly scheduled work day.

Contractor employees, consultants, and subcontractors shall complete the NRC's online annual,"Computer Security Awareness" course on the same day that they receive access to the agency's ITequipment and/or services, as their first action using the equipment/service. For those contractoremployees, consultants,and subcontractors who are already working under this contract, the on-linetraining must be completed in accordance with agency Network Announcements issued throughout theyear, within three weeks of issuance of this modification.

Contractor employees, consultants, and subcontractors who have been granted access to NRCinformation technology equipment and/or IT services must continue to take IT security refresher trainingoffered online by the NRC throughout the term of the contract. Contractor employees will receive notice ofNRC's online IT security refresher training requirements through agency-wide notices.

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The NRC reserves the right to deny or withdraw Contractor use or access to NRC IT equipment and/orservices, and/or take other appropriate contract administrative actions (e.g., disallow costs, terminate forcause) should the Contractor violate the Contractor's responsibility under this clause.

C.17 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOREMPLOYEES (AUG 2011)

(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to theWhistleblower Employee Protection public law provisions as codified at 42 U.S.C. 5851. NRCcontractor(s) and subcontractor(s) shall comply with the requirements of this Whistleblower EmployeeProtection law, and the implementing regulations of the NRC and the Department of Labor (DOL). See,for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employerobligations, prohibited acts, DOL procedures and the requirement for prominent posting of notice ofEmployee Rights at Appendix A to Part 24 entitled: "Your Rights Under the Energy Reorganization Act".

(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractorand subcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion,blacklisting or other employment discrimination practices with respect to compensation, terms, conditionsor privileges of their employment because the contractor or subcontractor employee(s) has provided noticeto the employer, refused to engage in unlawful practices, assisted in proceedings or testified on activitiesconcerning alleged violations of the Atomic Energy Act of 1954 (as amended) and the EnergyReorganization Act of 1974 (as amended).

(c) The contractor shall insert this or the substance of this clause in any subcontracts involving workperformed under this contract.

C.18 GREEN PURCHASING (JUN 2011)

(a) In furtherance of the sustainable acquisition goals of Executive Order 13514, "Federal Leadership inEnvironmental, Energy, and Economic Performance" products and services provided under thiscontract/order shall be energy- efficient (Energy Star or Federal Energy Management Program (FEMP)designated), water-efficient, biobased, environmentally preferable (e.g., Electronic Product EnvironmentalAssessment Tool (EPEAT) certified), non-ozone depleting, contain recycled content, or are non-toxic orless toxic alternatives, where such products and services meet agency performance requirements.http://www.fedcenter.gov/programs/eo1 3514/

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

C.19 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONICPAYMENT/REMITTANCE ADDRESS (AUG 2011)

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

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NRC-HQ-1 2-C-07-0121Section C

C.20 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, ASAMENDED (AUG 2011)

In 1998, Congress amended the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by theWorkforce Investment Act of 1998 (P.L. 105 - 220), August 7, 1998 to require Federal agencies to maketheir electronic and information technology (EIT) accessible to people with disabilities. Inaccessibletechnology interferes with an ability to obtain and use information quickly and easily. Section 508 wasenacted to eliminate barriers in information technology, open new opportunities for people with disabilities,and encourage development of technologies that will help achieve these goals. The law applies to allFederal agencies when they develop, procure, maintain, or use electronic and information technology.Under Section 508 (29 U.S.C. 794d), agencies must give disabled employees and members of the publicaccess to information that is comparable to access available to others.

Specifically, Section 508 of that Act requires that when Federal agencies develop, procure, maintain, oruse EIT, Federal employees with disabilities have access to and use of information and data that iscomparable to the access and use by Federal employees who are not individuals with disabilities, unlessan undue burden would be imposed on the agency. (36 C.F.R. 1194 implements Section 508 of theRehabilitation Act of 1973, as amended, and is viewable at:http://www.access-board.gov/sec508/standards.htm)

Exceptions.

All EIT that the government acquires by purchase or by lease/rental under this contract must meet theapplicable accessibility standards at 36 C.F.R. Part 1194, unless one or more of the following exceptions atFAR 39.204 applies to this acquisition (applicable if checked):

[] The EIT is for a national security system.

[] The EIT is acquired by a contractor incidental to a contract.

[] The EIT is located in spaces frequented only by service personnel for maintenance, repair oroccasional monitoring of equipment.

[] Compliance with the applicable 36 C.F.R. Part 1194 provisions would impose an undue burden onthe agency.

Applicable Standards.

The following accessibility standards from 36 C.F.R. Part 1194 have been determined to be applicableto this contract/order. See www.section 508.gov for more information:

[11194.21 Software applications and operating systems.

[11194.22 Web-based intranet and internet information and applications. 16 rules.

[X] 1194.23 Telecommunications products.

X[] 1194.24 Video and multimedia products.

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[11194.25 Self contained, closed products.

[11194.26 Desktop and portable computers.

[11194.31 Functional performance criteria.

[11194.41 Information, documentation, and support.

Note: Under the Exceptions paragraph, the Contracting Officer should check the boxes for anyexceptions that apply. If no exceptions apply, then the Contracting Officer should, under the ApplicableStandards paragraph, check the boxes that indicate which of the standards apply. See FAR Subpart 39.2and www. section508.gov for additional guidance.

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NRC-HQ-12-C-07-0121Section D

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment No. 1 - Billing Instructions for Firm-Fixed-Price Contracts

Attachment No. 2 - Billing Instructions for Labor Hour/Time and Materials Contracts

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contract no. nrc-hq-12-c-07-0121. · 2012-10-15 · nrc-hq-12-c-07-0121 section b section b...

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