ML19253A270
| ML19253A270 | |
| Person / Time | |
|---|---|
| Issue date: | 08/01/1979 |
| From: | Morton K NRC OFFICE OF ADMINISTRATION (ADM), SYSTEM SAFETY, INC. |
| To: | |
| Shared Package | |
| ML19253A264 | List: |
| References | |
| CON-NRC-17-79-452 NUDOCS 7908210198 | |
| Download: ML19253A270 (10) | |
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Letter Contract No. NRC-17-79-452 dated May 16, 1979, is superseded by this definitive contract No. NRC-17-79-452.
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Contract No. NRC-17-79 452 Page 2 of 10 Special Provisions Contract No. NRC-17-79-452 This contract consists of:
1.
Cover Page (SF-26) 2.
Contents of Contract 3.
Special Provisions ARTICLE I STATEMENT OF WORK ARTICLE II PERIOD 3F PERFORMANCE REIMBURSEMENT AND PAYMENT ARTICLE III CEILING ARTICLE IV ARTICLE V GOVERNMENT FURNISHED SERVICES AND MATERIALS ARTICLE VI CONTRACTING OFFICER'S AUTHORIZED REPRESENTATIVE (COAR)
ARTICLE VII OTHER UNDERSTANDINGS AND AGREEMENTS ARTICLE VIII PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION ARTICLE IX SECURITY ARTICLE X PRIVACY ACT ARTICLE XI ORDER OF PRECEDENCE GENERAL PROVISIONS / ALTERATIONS ARTICLE XII 4.
General Provisions - Fixed Price Supply Contract (February 15,197S) 800 1 21)
Contract No. NRC-17-79-452 Page 3 of 10 ARTICLE I - STATEMENT OF WORK A.
Background
The Nuclear Regulatory Comission has instituted a Special Inquiry to review and report on the accident which took place at the Three Mile Island Nuclear Statica No. 2 (TMI-2) beginning on March 28, 1979.
The primary objective of the inquiry will be to prepare a report which makes factual determinations concerning the actual events which occurred and their causes, and the actions of utility and Commission personnel before and during the accident.
The inquiry will also identify areas of defi-ciency revealed by the accident and areas in which further investigation is warranted.
B.
Scope of Work The Contractor will provide consultant services to the Comission's special Inquiry Group.
Specifically, the Contractor will:
1.
Review the scope of the investigation of the various Task Groups within the Special Inquiry Team for completeness and conformance to the overall scope of the Special Inquiry and where applicable provide the NRC's TMI Special Inquiry Staff Director with an evalu-ation of the scope of the various Task Groups' investigation.
2.
Provide primary input in the development of a program to assure a complete investigation into the human factors aspects of the TMI-2 accident.
3.
Provide recommendations on how the accident investigation should be conducted.
Additionally, the Contractor snall advise concerning reporting methodology including recormiendations concerning the focus and organization of the final report.
l 4.
Review work performed by NRC contractors in the human factors area and provide the NRC's TMI Special Inquiry Staff Director with an evaluation of the significance of the human factors involvement in the TMI-2 accident.
5.
Provide analysis of NRC and indu",try safety programs as they relate to the development and operation of the TMI plant.
t 6.
Make visits to the TMI-2 site as well as visits to reae:or vendor facilitins as required to obtain data and insight regarding the acci-k dent.
BDIi il33 Y
Contract No. NRC-17-/9-452 Page 4 of 10 f
C.
Reportine Requirements 1.
The Contractor shall provide a work product consisting of written memoranda and reports addressing the tasks set forth in ARTICLE I.B.
above.
2.
Monthly Cost Report reflecting costs incurred to date as follows:
total hours provided (current month:
cumulative total:
)
hourly rates total costs incurred (current month:
cumulative total:
)
This report will be furnished in two (2) copies no later than the tenth workday following the mont' covered by the report and is to be distributed as follows:
one copy to the Contracting Officer's Authorized Representative (C0AR) and one copy to the Director, Division of Contract:
3.
Final written report will be provided at the completion of the project covering the areas set forth in ARTICLE I.B. above.
ARTICLE II - PERIOD OF PERFORMANCE The performance of work described in ARTICLE I hereof shall commence as of August 1,1979, and shall continue through completion, which shall be on or before December 31, 1979.
ARTICLE III - REIMBURSEMENT AND PAYMENT A.
Reimbersement 1.
Reimbursement under this contract shall be at a rate of $40.00 per hour for services provided and accepted by the Commission.
2.
Travel shall be reimbursed in accordance with the Federal Travel Regu-lations in ef fect at the time of the contract award.
3.
The Contractor shall be reimbursed for all costs incurred which are reasonable, allocable and allowable within the meaning of the Federal Procurement Regulations Subpart 1-15.2, in effect upon the date of execution of this contract, including administrative expenses such as toll call, materials, postage, duplicating services, etc.
B00 13?
Contract No. NRC-17-79-452 Page 5 of 10 B.
Payment Payment will be accomplished in accordance with ARTICLE 7, " Payments,"
of the General Provisions.
ARTICLE IV - CEILING The present estimate for performing the work under this contract is $35,000.00.
The amount obligated by the Comission for such performance is S35,000.00.
When and if the amount (s) paid and payable to the Contractor hereunder shall equal the ceiling, the Contractor shall be excused from further performance of the work (except to meet existing comitments and liabilities) unless and until the Contracting Officer shall increase the amount obligated with respect to this contract.
If and to the extent that such ceiling has been increased, any costs incurred by the Contractor in excess of the ceiling prior to its increase shall be allowable to the same extent as if such costs had been incurred after such increase in the ceiling.
In no event shall the Contractor exceed the estimated total amount of the contract unless the contract is modified by the Contracting Officer in writing.
ARTICLE Y - GOVERNMENT FURNISHED SERVICES AND MATERIALS _
The Comission will provide appropriate administrative support as reasonably required by the Contractor to perform the work hereunder, including the following:
1.
Office space and secretarial assistance.
2.
All required technical assistance from Connission staff.
Such technical assistance shall be detemined and coordinated by the COAR.
3.
Office equipment as required.
4.
Access to Comission Library and Public Decument P,com.
5.
All documents and records necessary to assist the Contractor during the term of this contract subject to the specific provisions of this contract.
ARTICLE VI - CONTRACTING OFFICER'S AUTHORIZED REPRESENTATIVE TCOAR) (PROJECT ~
~ ~ ~ ~
OFFICER _)
The authorized representative who will represent the Government for the purpose of this contract shall be Dr. E. Kevin Cornell.
The authorized representative shall be "esponsible for:
(1) monitoring the Centractor's progress, and recom-mending to the Contracting Officer changes in re quirements: (2) interpreting the statement of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this cont ract; and (5) assisting the Contractor in the resolution of technical problems encountered during the performance.
Within the purview of this authority, the representative shall be authorized to approve payment vouchers for supplies / service, required under the contract. The Contracting Officer is responsible for direct ing or negotiating, any changes in terms, conditions, or amount cited in the contract.
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Contract No. NRC-17-79-452 Page 6 of 10 For guidance from the authorized representative to the Centractor to be valid, it nast:
(1) be consistent with the description of work set forth in this contract; (2) not constitute new assignment of work or change to the expressed terms, conditions, or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and (4) not constitute a basis for any increase in the contract price.
If the Centractor receives guidance from the C0AR which the Centractor feels is not valid under the criteria cited above, the Contractor shall immediately notify the C0AR.
If the C0AR and the Contractor are not able to resolve the question within five (5) days, the Contractor shall notify the Contracting Officer.
ARTICLE VII - OTHER UNDERSTANDINGS AND AGREEMENTS A.
Privacy Act Requirement Pursuant to ARTICLE X below, the Contractor is authorized, in accordance with Agency procedures, and directed to operate the Comission's systems of records subject to the Privacy Act of 1974 as are necessary in the performance of this contract.
B.
Work for Others Notwithstanding any other provision of this centract, during the term of this contract, the Contractor agrees to forego entering into consulting or other contractual arrangements with any finn or organization, the result of which may give rise to an actual or apparent conflict of interest with respect to the work being performed under triis contract.
The Contractor shall insure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.
If the Contractor believes with respect to itself or any such employee that any proposed con-sultant or other contractual arrangement with any finn or organization may involve a possible conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such con-tractual arrangement.
C.
Key Personnel Mr. Charles 0. Miller is considered to be essential to the work being performed hereunder. The Contractor shall not unilaterally divert Mr.
Miller to other programs which will result in a significant reduction in the time to be devoted by Mr. Miller to the work hereunder.
ARTICLE VIII - PRIVATE USE AND PROTECTION OF INFGQ1ATION A.
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, records or other information, docu-ments and material furnished by the Cc.mmission to the Contractor in the 6
~800 1 321
Contract No. NRC-17-79-452 Page 7 of 10 performance of this contract, or information developed by the Contractor in the course of the work hereunder, shall be used only in connection with the work performed under this contract. The Contractor shall, upon comple-tion or termination of this contract, transmit to the Comission all records or other infomation, documents and materials, and any copies thereof, furnished by the Comission to the Contractor or developed by the Contractor in the performance of this contract.
B.1. The Contractor shall be responsible for safeguarding from unauthorized disclosure any information or other documents and material made available to the Centractor by the Comission in connection with the performance of the work under this contract in the following categories: classified matters, including Restricted Data; information containing trade secrets and other confidential business information; personnel matters the disclo-sure of which would constitute a clearly unwarranted invasion of personal privacy; and infomation ccmpiled by other agencies for law enforcement purposes.
The Contractor agrees to confom to all regulations, require-ments and directives of the Comission with respect to such material.
- 2. The Contractor shall be responsible for safeguarding from unauthorized disclosure any other information or other documents and material made avail-able to the Contractor by the Comission in connection with the perfornance of the work under this contract that is exempt from public disclosure under the Comission's regulations, except that nothing in this subsection B.2.
shall prohibit the Contractor from making public in any interim or final report issued under this contract any such information referred to in this subsection B.2. that the Contractor believes is necessary and appropriate to be included in such report or reports.
C.
The Contractor's duties under this clause shall not be construed to limit or affect in any way the Contractor's obligation to conform to all security regulations and requirements of the Commission pertaining to classified information and material.
ARTICLE IX - SECURITY (Applicable if Restricted Data or Classified Infomation is Involved)
(a) Contractor's duty to safeguard Restricted Data, Formerly Restricted Data, and other classified information.
The Contractor shall, in accordance with the Nuclear Regulatory Comission's security regulations and requirements be responsible for safeguarding Restricted Data, Formerly Restricted Data, and other classified infomation and protecting against sabotage, espionage, loss and theft, the classified documents and material in the Contractor's possession in connection with the performance of work under this contract.
Except as otherwise expressly provided in this contract, the Contractor shall, upon completion or termination of this contract, transmit to the Comission any classified matter in the posses-sien of the Contractor or any person under the Centractor's control in connecticn with the performance of this contract.
1 800 1M
~
Contract No. NRC-17-79-45 2 Page 8 of 10 If retention by the Contractor of any classified matter is required after the completion or termination of the contract and such retention is approved by the Contracting Officer, the Contractor will complete a certificate of possession to be furnished to the Nuclear Regulatory Comission specifying the classified matter to be retained. The certification shall identify the items and types of categories of matter retained, the conditions governing the retention of the matter and the period of retention, if known.
If the retention is approved by the Contracting Officer, the security provisions of the contract will continue to be applicable to the matter retained.
(b) Regulations. The Contractor agrees to conform to all security regula-tions and requirements of the Comission.
(c) Definition of Restricted Data.
The term " Restricted Data," as used in this clause, means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954, as amended.
(d) Definition of Formerly Restricted Data. The tenn "Fonnerly Restricted Data," as used in this clause, means all data removed from the Restricted Data category under Section 142 d. of the Atomic Energy Act of 1954, as amended.
(e) Security clearance of personnel.
The Contractor shall not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Comission's regulations or requirements applicable in the particular type or category of classified information to which access is required.
(f) Criminal Liability.
It is understood that disclosure of Restricted Data, Formerly Restricted Data, or other classified information relating to the work or services ordered hereunder to any person not entitled to eceive it, or failure to safeguard any Restricted Data, formerly Restricted Data, or other classified matter that may come to the Contractor or any person under the Con-tractor's control in connection with work under this contract, may subject the Contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States.
(See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. ; 18 U.S.C. 793 and 794; and Executive 0"cr 12065.)
(9) Subcontracts and purchase orders.
Except as othenvise authorized in writing by the Contracting Officer, the Contractor shall insert provisions similar to the foregoing in all subcontract and purchase orders under this centract.
(h) In the performance of the work under this contract, the Contractor shall assign classifications to all documents, material, and equipment originated or generated by the Contractor in accordance with classification guidance fur-nished to the Contractor by the Comission.
Every subcontract and purchase orcer 8N r31
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Contract No. NRC-17-79-452
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Page 9 of 10 issued hereunder involving the origination or generation of classified cocuments, material, or equipment shall include a provision to the effect that in the perform-ance of such subcontracts or purchase orders the subcontractor or supplier shall assign classifications to all such documents, material and equipment in accordance with classification guidance furnished to such subcontractor or supplier by the Contractor.
ARTICLE X - PRIVACY ACT (a) The Contractor agrees:
(1) To comply with the Privacy Act of 1974 and the rules and regulations issued pursuant to the Act in the design, development, or operation of any system of records on individuals in order to accomplish an agency function when the contract specifically identifies (i) the system or systems of records and (ii) the work to be performed by the Contractor in terms of any one or combination of the following:
(A) design, (B) development, or (C) operation; (2) To include the solicitation notification contained in this contract in every solicitation and resulting subcontract hnd in every subcontract awarded without a solicitation when the statement of work in the proposed subcontract requires the design, development, or operation of a system of records on individuals to accom-plish an agency function; and (3) To include this clause, including this paragraph (3), in all subcontracts awarded pursuant to this contract which require the design, development, or opera-tion of such a systeia of records.
(b)
In the event of violations of the Act, a civil action may be brought against the agency involved where the violation concerns the design, development, or opera-tion of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the o ' icers or employees of the agency where the violation concerns the operation of a system of records on individuals to accomplish an agency function.
For purposes of the Act when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor is considered to be an employee of the agency.
(c) The terms used in this clause have the following meanings:
(1)
" Operation of a system of records" means performance of any of the activities associated with maintaining the system of records including the collection, use, and dissemination of records.
(2)
" Record" means any item, collection, or grouping of information abcut an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or soice print or a photograph.
300 IM
Contract No. NRC-17-79-452 Page 10 of 10 (3) " System of records" os individuals means a group of any records under the control of any agency from which information is retrieved by th aame of the indi-vidual or by some identifying number, symbol, or other identifying particular assigned to the individual.
ARTICLE XI - ORDER OF PRECEDENCE In the event of any inconsistency between the provisions of this contract, the inconsistencies shall be resolved by giving precedance in the following or4r.
(a) the Schedule; (b) FPR Changes and NRC additions to the General Provisions; and the General Provisions.
ARTICLE XII - GENERAL PROVISIONS / ALTERATIONS A.
This contract is subject to the General Provisions - Fixed Price Supply Contract, dated February 15, 1978, which is attachad hereto and made a part hereof.
B.
In addition to those general provisions set forth herein which are by their tems self-deleting, the following additions and/or daletions are made:
1.
The General contract clause set forth in 41 CFR 8 20-1.5405-1 is attached hereto and made a part of this contract.
2.
Article 41 - Publication and Publicity is deleted in its entirety.
3.
Article 42 - Dissemination of Contract Information is deleted in its entirety.
4.
Article 43 - Work for Others is deleted in its entirety.
5.
Article 44 - Audit and Records is attached hereto and made a part of this contract.
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