ML19331C168
| ML19331C168 | |
| Person / Time | |
|---|---|
| Issue date: | 07/08/1980 |
| From: | Dougherty D, Kinney W NRC OFFICE OF ADMINISTRATION (ADM), NUCLEAR ASSOCIATES INTERNATIONAL |
| To: | |
| Shared Package | |
| ML19331C164 | List: |
| References | |
| CON-FIN-B-6880, CON-NRC-03-80-126, CON-NRC-03-80-128, CON-NRC-3-80-126, CON-NRC-3-80-128 NUDOCS 8008140247 | |
| Download: ML19331C168 (13) | |
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SUPPtit1/Sg tvec25 OUANTITT UPef UMff PitCE AAnot. TNT This Cost-Plus-Fixed-Fee Contract is issued pursuant to the terms and conditions of Basic Ordering Agreement Number NRC-03-78-129-02 for core thermal-hydraulic analysis for light water reactors.
Task 5:
Review of WCAP-9500 l
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Oilliam He Kinney D.J. Dougherty Rretonal Contiacts Manager o7/o1/8o
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TABLE OF CONTENTS This Contract Consists Of:
1.
Cover Page 2.' Table of Contents 3.
Schedule Article I STATEMENT OF WORK Article II PERIOD OF PERFORMANCE Article III CONSIDERATION AND PAYMENT Article IV OVERHEAD / GENERAL AND ADMINISTRATIVE RATES Article Y PROTECTION OF PROPRIETARY AND COMPANY CONFIDENTIAL INFORMATION Article VI PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION AND CONTRACT INFORMATION AND DATA Article VII~
PROVISIONS APPLICABLE TO DIRECT COSTS Article VIII PROJECT OFFICER RESPONSIBILITIES Article IX TECHNICAL DIRECTION Article X KEY PERSONNEL Article XI
- UTILIZATION OF SMALL BUSINESS CONCERNS Article XII ORDER OF PRECEDENCE Article XIII CONFLICT OF INTEREST Article XrY GENERAL PROVISIONS AND MODIFICATIONS 7
a
- ARTICLE I - STATEMENT OF WORK A.
Eackground Westinghousehassubmittedatopicalreport(WCAP-9500)describingarehised design for their 17x17 fuel assemblies,.
ThefiRCstaffmustehaluatethe design and prepare a Safety Evaluation Report which addresses the acceptability of the new design for use in reactor licensing applications.
Objectihe 8.
Thecontractorshallrehiewsection4.4oftopicalreportWCAP-9500andprovide awrittenehaluation. The scope and detail of the review should be based on guidelines found in the Standard Review Plan section 4.4 (Enclosure).
The flRC staff evaluation of section 4.4 of the RESAR 414 Reference Safety Analysis.
Report is also' enclosed to provide additional guidance on the review scope and to indicate those areas which have already received significant staff review.
As indicated in the Standard Review Plan, areas which have been previously reviewed and accepted do not need to be reviewed again in detail. However, the contractor should assure that each area in the Standard Review Plan is addressed in a reasonable manner.
C.
Work Requirements The contractor shall perform a detailed review of those areas which are changed as a result of the new fuel geometry or as a result of new design methods.
In particular, the following items are i equired:
(1) A detailed evaluation of section 4.4.2.2.1 including an evaluation of the validity of the conclusion that "the CHF characteristics of the 17x17 optimized fuel assembly design are not significantly different from those of the current.17x17 standard design, and can be adequately described by the "R" grid data base without changing the DriBR design criteria of 1.17."
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A detailed evaluation of the design D;BR at the conditions presented (2) in Table 4.4-1 (the contractor shall provide an independent calculation to verify the stated halue of D:BR).
A detailed evaluation of the difference in Ot;BR and/or effective power (3) capability associated with the proposed statistical treatment of uncertainties rather than the former method of treating uncertainties.
Comments on the approach used to address Hydronamic and Flow Power (4)
Coupled Instability'(Section 4.4.4.6).
D.
Milestone Requirements _
Perform a preliminary review and prepare questions (1) requesting any clarifications or additional infor-July 11, 1980 mation or d'ata required for the complete review.-
September 12, 1980 (2) Westinghouse response November 1, 1980 (3) ProhidedraftreportforNRCcomments Submit report documenting the results of the rehiew. November 14, 1980 (4)
Reportino Requ'irements E.
If questions or the need for additional information arise, prohide a (1) letter to Lirry Phillips(3 copies) with questions in a format suitable for NRC to transmit to the applicant.
The contractor shall prepare a final report which addresses the safety (2) of the Westinghouse 17x17 optimized fuel assembly design based on the review of Section 4.4 of WCAP-9500 and the results of independent cal-culations to evaluate the thermal-hydraulic design with respect to NRC
- The cc,ntractor should Tdeiitify any questions or data requests which requir
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earlier response to facilitate calculations on a schedule consistent with Milestone 3.
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i.ge a ut criteria and requirements. The report shall be prepared in accordance with NRC Manual Chapter 3202.
The Summary and Conclusions section should be of a content and format to facilitate incorporation into the Safety Evaluation Report by the NRC staff.
The report snall be submitted to:
Les Rubenstein (3 copies)
Larry Phillips (2 copies)
D.J. Dougherty, Contracting Officer (lcopy)
F.
NRC Furnished Materials Westinghouse WCAP-9500 will be provided under separate cover within 2 weeks of contract award.
If the above material, suitable for its intended use, is not so delivered to the contractor, the Contracting Officer shall, upon timely written request made by the contractor, and if the facts warrant such action, equitably adjust any affected provision of the contract pursuant to the procedures of the " Changes" clause of the contract.
G.
Travel & Meetings Travel will be local for meetings with the NRC staff as required for technical direction of the work.
ARTICLE II - PERIOD OF PERFORMANCE The period of performance shall be from the effective date of the contract through 6 months thereafter at which time all work shall have been completed and all reports shall have been delivered to the NRC as required by the Statement of Work.
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ARTICLE III - C0ris10 ERAT 10fi A!iD PAYlENT A.
Estimated Cost, Fixed Fee and Oblication w
B.
Payment _
The Goverr. ment shall ' render payi;;snt to the contractor in approximately thirty (30) days after submission of proper and correct invoices or vouchers.
Additional provisions relating to payment are contained 'in clause of the General Provisions hereto.
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Protection of Proorietary and Comoany Confidentia1 Infomation_
ARTICLE Y -
If proprietary or company confidential data is provided to the contractor by the Government in connection with this contract, the contractor agrees to safeguard such information and agrees not to release such infomation to any person not directly involved in the performance of work under this contract unTess such reTease is authorized in writing by the Contracting Officer.
Upon completion t
or termination of this contract, a11 copies of any such proprtetary or company confidential data shall be returned to the Corr.mssion.
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Tcge 7 of 13 ARTICLE VI -
Private Use and Protection of Unclassified Governcent Informaticn and Contract Information and Data (a)
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, records, data, infomation, documents and material developed or acquired by or furnished to the contractor in the perfomance of this contract shall be used only in connection with the work per-for=ed under this contract.
The contractor shall, upon completion or termination of this contract, transmit to the Commission all records or other information, docuc.ents and material, and any copies thereof, furnished by the Comission to the contractor in the performance of this contract.
(b)
The centractor shall be responsibie for safeguarding'from unauthorized di: closure any infonnation or other documents and material exempt from public disclosure by the Commission's regulations and made available to the contractor in connecticn with the performance of the work under this contract.
The contractor agrees to confonn to all regulations, requirements, and direction of the Commission with respect to such material.
(c)
The contractor's duties under this clause shall not be construed to limit or affect in any way the contractor's obligation to confonn to all security regulations and require-ments, of the Cordi'ssion pertaining to classified information
'and material.
AR1]CtE'VII PROV1510NS APPL] CABLE 10 D]Rt C1 C0515
.Elems _Una13 0usbi e Unicss Otherwise Provided
$ctwithstanding Clause No. 5 -- Altol.*ABLE COST f 5E huD Phn1ENT, and C3 a uni e s s NC 10 -- SUBCONTRACT, of the General Provisions of this contract,the costs of th Axhorized. in writing by the Contracting Dificer, Hems or activities shall be una11cv.2ble as direct costs:
by purchase or Tease, of any interest in rea1 ProperQ*.
1.
Acquisition, Special rearrangement or altecation of f aciiilies.
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Purchase or-furniture or offic*e equip.ent.
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reje G Of 13 AR11CLE VIIg-PROJECT Off1CER RESPONSIBILITIES The folic.:ing individual will represent the Government as the Project Of ficer for this contract:
Mr. Les Rubenstein The Project Officer is responsible for:
(1) Monitoring the (a) contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in,, requirements; (2) interpreting the statement of work; (3) performing technical evaluation as required; (4) perfoming technical inspections and acceptances required by this contract; and (5) assisting the contractor in the resolution of technical problems encountered during performance.
'Jithin the purview of this authority, the representative is authorized to approve paycent vouchers for supplies / services' required under the contract.
Tne Contracting Officer is responsible for directing or negotiating any changes in tems, conditions, or amounts cited in the contract.
(b)
For guidance from the Project Officer to the contractor to be Yalid, it must:
(l) 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, ccnditions, or speci-fications incorporated intg this contract; (3) not constitute a basis for an extension to the period of performance or contract deTivery scheduli; (4) not constitute a basis for any increase in the contract price.
(c)
If the contractor receives guidance from the Project Officer which the contractor feels is not valid under the c.-iteria cited above, the contractor shall immediately notify the Project Officer.
If the two are not able to resolve the question within five days, the contractor shall notify the Contracting Officer.
ARTICLE IX Technical Direction 1
(a)
The HRC Project Officer named in this contract is responsible for guiding the technical aspects of the project and for general surveillance of the work performed. The Project Officer is not authorized to make any commitments or any changes which constitute work not within the general scope of this contract, or constitute a basis for any increase in contract price or extension of the contract period of perfor-mance.
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Page 9 of 13 (b)
Technical direction cust be within the general scope of work stated in the contract.
The Project Officer does not have the authority to and cay not issue any technical direction which:
(1)
Constitutes an assignr.ent of additional work outside the general scope of the contract.
(2)
Constitutes a change as def.ined in the clause of the General Provisions, entitled " Changes."
(3)
In any way causes an increase or decrease in the total esLimated contract cost, the fixed fee, if any, or
'the time re, Jired for contract performance.
(4)
Changes to any of the expressed terms, conditions or specifications of the contract.
(c)
ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE' PROJECT OFFICER OR SHAlt. BE CONFIRMED BY HIM/HER IN WRITING WITijlN TEN (10) WORT,ING DAYS AFTER VERSAL ISSUANCE.
A copy of said written direction shall be provided to the Contracting Officer.
(d)
In the event the Project Officer desires a change to the contract within one or more of the categories as defined in (1) through (4) of paragraph B above, he/she must direct such requests to the Contracting Officer. The Contracting officer v111 handle the request in accordance with app 1_icable laws and regul a tions.
(e)
Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending its own funds for unallowable costs under the contract.
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A'RTICLEI KEY PERSONNEL Pursuant to Clause No. 40 -- KEY PERSONNEL, the folicwing individua1(s) are considered to be essential to the work being perfon=ed hereunder:
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R.C. Kern, Seafor Associate A A.H. Hsia, Senior Project Engineer L.W. Cress, Senior Engineer M.A. Richmond, Engineer A
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UTILIZATICN OF S?.:\\t t. T4'58NiSS CCNCChN5 Aro "y
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S?.M LL F*.'5!NE55 CONCs3;fli OP.NE D AND CONTROLLED SY FOCl4 LLY A.D FCONC.!!CA LLY D:5ADVAhTAC.ED INDIVIDI!A LS (a) it is the p.sfie3 of the t*mted Seates that sr aft busLncss cc.-ccins and scull Nsiness coacerns o.wncd and contre 11M by se:ially an$ economically diradsantaged la.
dividuals sha!! hate the nustmum practica!.le cypnns.Iry t a ;unicly..te in the prforrr.snee cf contracts let by any Fed:ral agen:1 (b) D.e c astrac:or hereby agrees to ca rry cut this psticy in tne suading of subco,tnets to the fullest exter,c censistent wish the cffscient priort.ance of this contract.
. n.e contractor further agrees to coop: rate in an; studies l
[ or sun cys that inJy le cc:doctd by the SmJil EJfIness Administration or the contacting agency which may be necessary to determir.e the ca1ent of the centractor's
' compliance with this clau.=e.*
(c) (I) The terna " sun!! lostness crocern" shall
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inc.sn a snull business as defincd pursusnt :o Section 3 of
- the Strull &Jsiness Act and in relevan: regulations pro-L snu1gsted pursuant thcreto.
(2) The terra "snuU business concern" cwned and contre!!cd by scela!!y aid eeencinically disadvar ago$ la-
, dividuals* sha!! mean a small business concers--
' (i) which is at Ic.ast SI pr centum owned by one or more scela!!y and ceonnmirally dindvantaged In-dividuals; or la the case of any pahlicly osred business, at icas 51 pr cenrum of the stuts of which is cmned by one or more srelatly ard econesnically disadvantaged Individuals; ard (II) whose trurugement ard dall 1.usIness o;cra-3 tions are controlled I,y one or more of such Irdividuals.
The contractor stoll pre.<ume that socially and ce aaomically dindvantayed irdsviJuals include E!ack Americans. Ifispnic Amesirans. Native Americans.
Asian-pacifsc Americans, and c:hcr minorities, or E nr c:her ind.vidTil'Io.mdTo be disadsantagcd by the Sr all Pasiness Administratico pursuant to sceria, S(a) of the Small Dusiness Acs.
(5) Chatracacts acting in good fa ith may rely ors written represen'a: Inns by their.=uh:entractors as el*her a str.all N;iness concern or a snu11 business concern owned and contro!!M by sxially and ceanomica!!y dir ad-varcaged IrdiviJuals.__ ARIJCLE XII ORDER OF PRECEDENCE In the event of an inconsistency between the ter:ns and conditions of the contract, the inconsistency sha11 be resolved by giving precedence in the following order:
1.
The SCHEDULE:
(1ote: - 1;othing contained in the Contractor's pr6posa1, whether or not incorporated by reference, shall constitute a waiver of any terms or conditions provided in the SCHEDULE.)
2.
The Gcneral Provisions 3
Gil.ar ter;ns and conditions of the contract, whether incorporated by r'efcrence or otharwise.
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ine 11 ai 13 ARTICLE XIII - CONFLICT OF INTEREST The primary (purpose of this clause is to aid in1) Is not pla (a)
Purpose.
ensuring that the contractor:
because of current or planned interest (financial, contractual, organizational, (2) or otherwise) which relate to the work under this contract, and does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b)
Scope.'
The restrictions described herein shall apply to f
performance or participation by the contractor as defined in 41 CFR l
5 20-1.5402(f) in the actitities covered by this clause.
(c) Work for others. Notwithstanding any other provision of this l
contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to-the work being performed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees d.esignated as key personnel, if If the any, under this contract abide by the provision of this clause.
contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.
(d)
Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth i
in this contract, it does not have any organizational confilets of i
interest, as defined in 41 CFR 520-1.5402(a).
(2)
The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall.make.--
immediate and full disclosure in writing to the contracting officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such The NRC may, however, tenninate the contract for convenience conflicts.
if it deems such termination to be in the best interests of the government.
(e)
Access to and use of information.
(1) If the contractor in the perfonr.ance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to: (1) Use such infonnation for any(private purpose until the infonnation has been released to the public; ii) compete for work for the Comission based e%
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z ye aad 7590-01 on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the gcvernment based on such information until one year after the release of such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such information j has previously been released to the public by the tGC.
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the' 3
, Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged :
technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3)
The contractor shall have, subjecc to patent and security provisions of this con' tract, the right to use technical data it produces under this contract for' private purposes provided that all requirements of this contract have been met.
(f)
Subcon tracts.
Except as provided in 41 CFR 5 20-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and
" contracting officer " shall be appropriately modified to preserve the sovernment's rights.
(g)
Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any re. levant interest required to be. disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
' (h)
Waiver.
A request for waiver under this clause shall be directed in writing through the contracti.ng officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined f in520-1.5411.
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Tage i3 of l3 ARTICLE XIV - GENERAL PROVISIONS AND MODIFICATIONS The following General Provisions attached to Basic Ordering Agreement No.
NRC-03-78-129-02 and referenced below form a part of this contract:
4 Appendix A, General Provisions for Cost Type Contracts With Concerns Other Than Educational Institutions (2/15/78 as modified below:
1.
Clause 54 entitled, "Crawings, Designs, Specifications" lines 11 and 12 are modified by deleting the words beginning with " Subject to the..."
and ending with "... Its own uses," in their entirety.
2.
Clause 23 entitled, " Nuclear Hazards Indemnity Product Liability is deleted in its entirety.
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