ML19338F400
| ML19338F400 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/1980 |
| From: | Idriss I, Morton K NRC OFFICE OF ADMINISTRATION (ADM), WOODWARD-CLYDE CONSULTANTS, INC. |
| To: | |
| Shared Package | |
| ML19338F396 | List: |
| References | |
| CON-FIN-B-6680, CON-NRC-04-80-192, CON-NRC-4-80-192 NUDOCS 8010200299 | |
| Download: ML19338F400 (8) | |
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ac. s 1 u sen I CONTaA.CT ( P,.r. I.se 14ses.) NO.
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- 3. atoutslTION/PVRCHA$t RIGut$f/ PROJECT NO.
- 4. CEEIlf'EQ FOR NArlCNAL DEFENSI UNott 04::$4 NRC-04-80-192 9/30/80 RES-80-192 dated 4/8/80
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- 4. ADMNt5ftRED ST CODE l
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.h Division of Contracts Washington, DC 20555 e comucron coce l l
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Woodward-Clyde Consultants NET f','",7,"2, ATTN: Mr. I. M. Idriss
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i2. rAyueNr witt se uAos av cooel U. S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research U. S. Nuclear Regulatory Commission ATTN: Mr. James Costello, MS 1130-55 Office of the Controller Washinoton, DC 20555 Washinaton. DC 20555 O 'a u 5 cJ'io' < = i i2. nas ocunteNT wAs O *avrasto. E = conAria.au'suAN io.
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- 14. ACCCNNTNG AND APPROFtAnON DATA S&R N0. 60-19-12-01 FIN NO. 86680
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SUPPutS/StavlCES Q U A NTif f UNIT UNIT PIC1 AAaOUNT AWARD OF A COST REIMBURSEMENT CONTRACT AS THE RESULT.0F A COMPETITIVE SOLICITATION (RFP RS-RES-80-192) FOR A RESEARCH STUDY ENTITLED:
" EFFECTIVE PEAK ACCELERATION FOR NUCLEAR POWER PLANT DESIGN."
PERIOD OF PERFORMANCE: 28 MONTHS FROM EFFECTIVE DATE OF CONTRACT.
- INCREMENTAL FUNDING 0F f75.000.00 PROVIDED BY THIS ACTION.
REMAINING FUNDS OF Eoi,2^.00'T0 S583.28 g BE PROVIDED IN FY 81 AND FY 82 SUBJECT TO THEIR 5
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AVAILABILITY.
$658,287]v' C2,523.'$
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CONTRACTING OFFICER 1T'lLL CO.MPLETE BLOCK 22 OR 26 AS APPUCABLE se.
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- 23. NAME 07 CONTRACTfNG CPficts (Type.c pr, s)
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'l I. M. Idriss.
Se 29* 1980 Kellogg V. Morton C{
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Contract Ib. URC-04-80-192 -
paga 2 of 8 Under ARTICLE I - STATEMENT OF WORK, Paragraph E., Delineation of Contractor Tasks,
'is revised to include the following new Task III:
" Task' III - Organization and Conductance of Three (3) Workshops.
The contractor shall conduct three (3) workshops to obtain a broader range of viewpoints on~ the topics and technical approaches to be taken in this study. These workshops should include, in addition to repre-sentatives of NRC, Woodward-Clyde Consultants, and their subcontractors, Structural Mechanics Associates,. Inc., and NCT' Engineering, Inc., several other researchers and practitioners having expertise in the topics to be addressed in this study.
These workshops shall be conducted in San Francisco, CA.
The specific content of each workshop and the general time frame for its conductance by the contractor is set forth below:
Workshop No. 1 - Will be conducted shortly after the formulation of the work plan. The general concepts and the work plan will be reviewed, seeking input regarding the overall approach from the workshop participants.
Workshop No. 2 - Will be conducted near the completion of Task I.
~ Findings and conclusions of Task I will be presented for review, comments, an'd critique from 2
the participants. The work plan for Task II will be re-reviewed at this workshop.
Any modifications that may be warranted at that time will be imple-mented into the work plan.
Workshop No. 3 - Will be conducted near the completion of Task II.
Findings and completion cf the entire study will be presented and review comments and critique will be sought from the workshop participants."
ARTICLE II - PERIOD OF PERFORMANCE, is revised to read:
The period of performance described in ARTICLE I hereof shall commence as of the effective date of this contract and shall continue to completion thereof, estimated to occur within 28 months-after said contract is effective.
ARTICLE. III - CONSIDERATION ' AND PAYMENT, is deleted in its entirety and the following new ARTICLE III is inserted in lieu-thereof:
" ARTICLE III - CONSIDERATION AND PAYMENT A.
Estimated Cost and Obligation 10
$658,287
- e -
5642,555.CO. plt l for'ful1 1.
It is estimated that the total cost to the Governm
-This' amount performance cf this contract will be shall be a ceiling amount the-contractor shall not exceed ~without prior written approval of the Contracting ' Officer.
~2.
Total' funds currently available for payment and obliga' ed for t
'this contract are $75,000.00.
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Payment
'The Govarnment shal1 render payment 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 5.1-3 of the General Provisions hereto."
ARTICLE ^ 1V:- OVERHEAD / GENERAL AND ADMINISTRATIVE RATES, is delete'd in its entirety-and the following new ARTICLE IV is inserted in lieu thereof:
" ARTICLE IV
.0VERHEAD/ GENERAL AND ADMINSTRATIVE RATES
-A.
Pending.the establishment of final overhead rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowat~a indirect costs hereunder at the provisional rate of percent of. Total Direct Labor.
B.
Pending the establishment of final-general and administrative rates
~
which shall be r.egotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of percent of Total Direct Costs and Overhead.
C.
Notwithstanding A. and B. of this Article, said provisional overhead and G&A rates may be adjusted as appropriate during the term of the contract upon the acceptance of such revised rates by the Contracting Of ficer. "
ARTICLE VI - KEY PERSONNEL, the following names are added:
Dr. I. M. Idriss, WCC Mr. M. G. Power, WCC Dr. Robert P. Kennedy, SitA Mr. S. A. Short, SMA' Dr. N. C. Tsai, NCT Dr. K. Sadigh, WCC Dr. C. Y. Chang, WCC Dr. J. D. Stevenson, WCC ARTICLE'VII'- TECHNICAL DIRECTION AND AUTHORIZED REPRESENTATIVE, insert the following name:
James Costello, RES ARTICLE VIII - TRAVEL REIMBURSEMENT, the solicitation is deleted and replaced by the following:
" ARTICLE VI'II - TRAVEL REIMBURSEMENT The contractor will be' reimbursed for the following reasonable domestic
' travel incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer:
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Contract No. NRC-04-80-192f Page 4 of 8
' 1.
Per diem shall be reimbursed at a daily rate not to exceed
$35.00.
The per diem amount is comprised of lodging expense plus $16.00 for meals _and miscellaneous expense.
2.
When travel' is to one of the high-rate geographical areas listed
. below,~ actual _ subsistence costs shall be reimbursed at a daily rate not to exceed the rates ' indicated:
Washington, D.C.
$50.00
'Los Angeles, CA
$50.00
-;r San Francisco..CA
$50.00
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3.
The cost of travel by privately owned automobile shall be refmbursed at the rate of 20c per mile.
4.
The cos't of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.
t 5.
All common carrier travel reimbursable hereunder shall be via economy class rates when available.
If not available, reimburse-ment vouchers will be annotated that economy class acccmmodations were not available.
First-class air travel is not authorized.
6.
Receipts are. required for common carrier transportation, lodging, and miscellaneous items in excess of $15.00.,
7.
If foreign travel is requirad in the performance of this contract, General Provision Clause 3.5, " Preference for U. S. Flag Air Carriers," applies.
8.
All foreign travel must be approved in advance by the Commission on NRC Form 445.
Additional guidance is furnished by FPR 1-1.323.3."
-THE REMAINDER OF THIS PAGE INTENT!ONALLY LEFT BLANK s
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Contract N3. NRC-04-80-192.
Paga 5 of-8 ARTICLE.X.- INCENTIVE SUBCONTRACTING PROGRAM FOR SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS is deleted in its entirety and the following new
-ARTICLE X is inserted in lieu thereof:
- INCENTIVE SUBC0tiTRACTING PROGRAM FOR SMALL BUSINESS AND SMALL
" ARTICLE X DISADVAt4TAGED BUSItJESS The contractor h'as established, in its subcontracting plan, which is A.
incorporated herein by this reference, the following goals for awards to small business concerns:
1.
89 percent of the total planned subcontract amount of $242,800.00 to small business concerns, and 11 percent of the total planned subcontract amount of $242 800.00-2.
to small business concerr, owned and controlled by socially and economically' disadvantaged individuals.
To the extent that the contractor exceeds such subcontract goals in the B.
4 percent (not to performance of this contract, it will receive exceed 10 percent) of the dollar amount of such excesses, unless' the
. Contracting Officer determines that such excess was not due to efforts by
.the contractor, i.e., subcontractor cost overruns or where the actual subcontract amount exceeds the estimated in the subcontract plan; or 3
planned ' subcontracts which were not disclosed in the subcontract plan during-contract negotiation.
If the cor. tract is a cost plus fixed fee type, the total of the fixed fee C.
and.the incentive payments made pursu'an't to this clause is subject to the limitations set forth in FPR 1-3.405-5(c)(2).
be appealed under the provisions of the Disputes clause.,,aragraph m Determinations by the Contracting Officer under this p D.
4, THE REMAlNDER OF TH!S PAGE INTENTIONALLY LEFT. BLANK 5
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. Contract N3. DRC-04-80-192 Pag 2 6 Of 8 ARTICLE XI - GENERAL PROVISIONS / ALTERATIONS _
This contract is subject to the attached provisions of Appendix 4. General Provisions, entitled " Cost Type Research and Development Contraces With Commercial Organizations," dated 2/6/80.
NOTE: AVAILABILITY OF TEXT OF CLAUSES - The complete text of clauses, incorporated by reference, is available, for a nominal fee, in the
_ publication entitled " Code of Federal Regulations - 41 CFR l-1.000, Chapter 1 to 2 Federal. Procurement Regulations (Chapter 1)" which may be obtained from the Superintendent of Documents, U. S. Government Printing Office, Washington, D.C.
20402.
Copies of the ' complete text of specific clauses are available from the Nuclear Regulatory Commis-sfon, Division of Contracts, Washington, D.C.
20555 and will be furr.ished upon request.
Provisions deleted in their entirety:
Provision 1.8 Provisions deleted and superseded by the following:
Provision FPR No. _ _
Reference Title Date 1.1 1-7.402-1
" Definitions" Aug 4, 1975 1.10 1-7.102.12 "nica"tas" Feb 5, 1980
.l.13 1-7.103-3
" Examination of Records Sep 25,1975 by Comptroller General" 3.5 1-1.323-2
" Preference for U.S. Flag Dec 8, 1976 Air Carriers" and "Certifi-cation of Unavailability of U.S. Flag Air Carriers" ~
~3.9 FPR Temp.
" Utilization of Small May 23,1980 Reg. No. 50 Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals" Provisions'added:
3.13 OFPP*. Policy
" Utilization' of Women-Owned Apr 29,1980 Letter 80-4 Business Concerns" Apr 29,1980 3.14 0FPP* Policy
" Women-Owned Business Concern Letter.80-4
. Subcontracting Program" (Applicable to contracts over
$500,000 or $1,000,000 for con-struction of any public' facility) c0FPP. (Office of. Federal Procurement : Policy)
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Contract Ns. NRC-04-80-192 Pag 2 7 of18
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, ARTICLEiXII' CONFLICT OF INTEREST, is-hereby a'dded as follows:
" ARTICLE XIIc ! CONFLICT OF INTEREST (a)JPurpose.
The~ primary purpose of this article is to aid in ensuring, 3that'the. contractor:
L
-(1):is.not placed in a conflicting role because of e + rent or planned
~ interest (financial, contractual, organizatfor.
or otherdise)'
which relates to the work under this contract, and I *
.(2) does not obtain an unfair competitive advantage over other partfe-
~
by virtue of its performance of this contract.
.(b)
Scope. ;The restrictions described herein 'shall apply to performance-or participation by the contractor. as defined in 41 CFR 120-1.5402(f) in the-L
-activities covered by this article.
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(c) ' Work.for others. Notwithstanding any other provision of-this contract 1;
. during, the term of this contract, the contractor agrees to forego entering into -
l.
consulting or other contractual arrangements with any firm or organization the l L
result of which may give rise to a conflict of interest with re'spect to the work; i
being performed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees designate (
as key personnel,,1f any,' under this contract abide by.the provision of this article.. If the contractor believes with respect to itself or any such employee that:any proposediconsultant 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 sucR
. contractual arrangement.
(d)
Disclosu're after award.
' (1) The contractor warrants that to the best of its knowledge-and
' belief ~and except'as otherwise set forth in this contract, it '
does not have any organizational-conflicts of interest, as
~
defined in 41 CFR -520-1.5402(a).
'(2) The contractor agrees that.if after award it discovers organiza-tional conflicts of' interest with respect to this contract, it
'sha11'make an immediate and full disclosure in writing to the Contracting Officer.
This'. statement shall' include. a descriotion
' of the: action which the contractor has taken or proposes to take to~. avoid or mitigate such conflicts.
The NRC may, however,.
-terminate the contract for convenience if ~ it deems such termina-
~_
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tion to~ be in,the best interests' of the government.
5
~(e): Accessj to and use' ofs informa tion.
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(1)L ;Ifithe Contractor!in the' performance of ~ this contract obtains-b_,
. access to information,Jsuch as NRC plans, policies, feports, studies; financial-plans, internal data protected by. the privacy F.
v
.Act offl97.4E(Pub. L.93-579), or data which has n.ot.been; l'
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. Contract No.-NRC-04-80-192 Page 8 of 8 Ereleased to the 'public, the. contractor agrees not-to: -(i) use
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such information for any private purpose until the information.
has been released to the public; (ii) compete. for work for the Commission based ~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 government based on such information until.one year after the release of such infor-mation to the public, or (iv) release the information without
. prior written approval by the Contracting Officer unless'such
.information has previously been released to the public by-the NRC (2)- In addition, the contractor agrees that to' the extent it receives or 's given access to proprietary data, data protected by the;
- 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 s
i accordance with restrictions placed on use of the information.
(3) ' The contractor shall have, subject to patent and security provi-sions of this contract, the right to use technical data it produce under this contract for private purposes provided that all requirs ments of this contract have been met.
(f)
Subcontracts.
Except~ as provided in 41 CFR 520-1.5402(h), the contractor shall include this article, including this paragraph, in subcontracts of any tier.
The ' terms " contract," " contractor," and " Contracting Officer,"
shall be _ appropriately modified-to preserve the government's rights.
(g)- Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant 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
- writingLthrough the Contracting Officer.to the. Executive Director for. Operation:
(ED0) inaccordance.with the procedures outlined in 620-1.5411. "
ARTICLE XIII - COST ACCOUNTING STANDARD WITHDRAWAL is hereby added:
CostJAccounting-Standard 414--Cost money as an element of-the cost of facilities capital--shall not be reimbursed as an allowable cost'under this contract.
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