ML19347C359
| ML19347C359 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/1980 |
| From: | Mcdonald R, Morton K NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE APPLICATIONS INTERNATIONAL CORP. (FORMERLY |
| To: | |
| Shared Package | |
| ML19347C354 | List: |
| References | |
| CON-FIN-B-10980, CON-NRC-01-80-001, CON-NRC-1-80-1 NUDOCS 8010170388 | |
| Download: ML19347C359 (6) | |
Text
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pcl3dW.",25Ja",g';r%a,og; omeu m.w omo AWARD /CflNTRACT y I 6' c
- CONTRACT ( ProA 12ss Idals. A NO.
- 2. Eff tCTivt DATE
- 3. AtouisiT10N/PURCHAst tfQuisf/PROJtCT NO.
- 4. CIRTitED FOR NATION 1t off tNit UNott SOSA NRC-Al-80-0_01 SEP 3 01980 D-- agggA 050-80-001 12 ^~ 'o' '"5 " * '-
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S. Nuclear.egulatory Comission r
Ue Division of C,ntracts On4a ls,,
Washington, CC 20555 O *d- >
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FACILITY COoe l
,. Discount FOR PROMPT PAYMENT PeAME AND ADDaf 55 l
NET Science' Applications, Inc
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1200 Prospect Street
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P. O. Box 2351
- 10. SUBMif INVOICis (d repias melass esesraeme La Jolla, CA 92038
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ir rAyueNr wiu se moe av conej U. Se Nuclear Regulatory Comission U. S. Nuclear Regulatory Commission Office of Standards Development Office of the Controller ATTN:
Mr. John Telford Washington, DC 20555 J a<:hinntnn-nr 9nggs it u P 0$n-eUr wAs O vansto. E] ~'coaano. ~ suA"7 ro O ((,1C.,$,[,71o l
I4 aCCOUNDNG ANO APPROPetAnON oATA B&R N0. 10-19-03-05-4 FIN N0. B10980
- Amount $100,000.00 is.
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SUPruf s/ SERV *CIs QU A Nilf Y UNrf Nff PflCE AMOUNT YOUR 0FFER TO PERFORM THE WORK ENTITLED " STUDY OF THE PARAMETERS THAT AFFECT NDA MEASUREMENT RESPONSE AND THE DEVELOPMENT OF DESIGN SPECIFICATIONS TO NINIMIZE THEIR EFFECT" IS HEREBY ACCEPTED IN ACCORDANCE WITH YOUR TECHNICAL PROPOSAL DATED APRIL 12, 1980 AS AMENDED JULY 24, 1980.
THIS AWARD OF A COST-PLUS-FIXED-FEE CONTRACT IS A F ; ULT OF COMPETITI"E PROCUREMENT RFP RS-0SD-80-001.
PERIOD OF PERFORMANCE:
30 MONTHS FROM EFFECTIVE DATE OF THIS CONTRACT.
- INCREMENTAL FUNDING 0F $100,000.00 IS PROVIDED BY THIS ACTION.
THE REMAINING $255,577.00 WILL BE PROVIDED SUBJECT TO THE AVAILABILITY OF FUNDS.
(FY81-$197,000.00; FY82-$58,577.00; TOTAL $255,577.00).
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ESTIMATED TotAt wount ce coe.tuct s 355,577.00 CONTRACTING OFFICER IS"lLL COMPLETE BLOCK 22 OR 26 AS APP!JCABLE
- 22. [ CCNTRACTCa's metGonAtto ACRitn4NT (Coeiruser is requirrJ to sose ts. Q AwAno (Coerracter is neo required se,ign abie Juomens.)
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The rights and obl;geneae of fee ee<*ee *e thes ee*stect eheil be sub est to end ge*
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RICHARD 1 McDdNALD f.te2 o
CONTRACT REPRESENTATIVE OtG
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Cuau act No. leC-01-60-001 Page 2 of 6 ARTICLE I - STATEMENT OF WORK The work to be performed under this contract shall be performed in accordance with the contractor's technical proposal dated April 12, 1980 as amended July 24, 1980.
ARTICLE II - PERIOD OF PERFORMANCE The performance of work described in ARTICLE I hereof shall ccmmence as of the effective date of this contract and shall continue to completion thereof, esti-mated to occur with thirty (30) months after said contract is effective.
ARTICLE III - CONSIDERATION AND PAYMENT A.
Estimated Cost, Fixed Fee and Obligation 1.
It is estimated that the total cost to the Government for full perform-ance of this contract will be $ 355,577.00, of which the sum of
.epresents the estimated reimbursable costs, and of which represents the fixed fee.
2.
Total funds currently available for payment and allotted to this con-tract are $ 100,000.00, of which $
represents the estimated reimbursable costs, and of which $
represents the fixed fee.
3.
It is estimated that the amount currently allotted will cover performance through most of the first year of the contract.
B.
Payment The Government shall 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.
i ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES A.
Pending the establishment of final overhead rates which shall be negotiated based on audit of actual costs, the contractor shall be reinbursed for allowable indirect costs hereunder at the provisional rate of (overhead),
(Fringe) percent of total direct labor.
B.
Pending the establishment of final general and administrative rates which.shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the previ-sional rate of percent of total direct cost and overhead.
C.
Notwithstanding A. and B. above, said provisional overnead and G&A rates may be adjusted as appropriate during the term of the contract upon the l
acceptance of such revised rates by the Contracting Officer.
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Contract Na. NRC-01-80-001 Page 3 of 6
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ARTICLE VI - KEY PERSONNEL The following names are added:
John Glancy Thomas McDaniel Giancarlo Borgonovi Tsahi Gozani Henry Bernatowicz William Horton ARTICLE VII - TECHNICAL DIRECTION AND AUTHORIZED REPRESENTATIVE Insert the following name:
John Telford t
ARTICLE VIII - TRAVEL REIMBURSEMENT The snlicitation ARTICLE is deleted and replaced by the followir.g:
1.
The contractor will be reimbursed for reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer, in accordance with the contractor's approved travel policy on file with the NRC.
2.
The cost of travel by privately owned automobile shall be reimbursed at the mileage rate prescribed by the contractor's established, generally applicable travel policy; provided, f owever, that such reimbursement shall i
not exceed the cost of less than first-class travel by common carrier.
3.
The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis that does not exceed the rates prescribed by the contractor's established, generally appifcable travel policy.
4.
All common carrier travel reimbursable hereunder shall be via economy class rates when available.
If not available, reimbursement vouchers will be annotated that economy class accommodations were not available.
First-class air travel is not authorized.
5.
Reasonable actual costs of lodging and subsistence, or per diem in lieu of actual costs, shall be allowable to the extent that such actual costs or per diem amounts do not exceed the amounts or per diem rates prescribed by the contractor's established, generally applicable travel policy.
6.
Receipts are required for common carrier transportation, lodging and miscellaneous items in excess of $15.00.
7.
Any revision to the contractor's established, generally applicable travel policy approved by the cognizant audit agency during the period of per-formance of tiiis contract shall be effective, without formal modification to this contract, upon delivery to the Contracting Officer of a copy of such revised policy together with evidence of cognizant audit agency approval thereof.
Contract 43. NRC-01-80-001 Paga 4 of 6 ARTICLE IX - GENERAL PROVISIONS / ALTERATIONS The following changes are hereby incor.corated:
Provisions deleted in their entirety,:
Provision 1.8, " Payment of Interest on Contractors' Claims" Provisions deleted and suoerseded 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
" Disputes" Feb 5, 1980 1.13 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 0FPP* Policy
" Utilization of Women-0wned Apr 29, 1980 Letter 80-4 Business Concerns" 3.14 0FPP* Policy
" Women-0wned Business Concerr Apr 29,1980 Letter 80-4 Subcontracting Program" (Applicable to contracts over
$500,000 or $1,000,000 for con-struction of any public facility)
- 0FPP (Office of' Federal Procurement Policy)
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rContract'No. NRC-01-80-0(il
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Paga 5 of 6
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I ARTICLE X - CONFI'ICT OF INTEREST is hereby added as follows:
i
" ARTICLE X - CONFLICT OF INTEREST i
(a)
Purpose.
The primary purpose of this article is to aid in ensuring that the contractor:
I (1) is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational,orotherwise) i which relates to the work under this contract, and (2) does not obtain an unfair competitive ady otage over other parties by virtue of its performance of this contract.
i (b) Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR 820-1.5402(f) in the activities covered by this article.
1 l
(c) Work for others. Notwithstanding any. otner provision of this 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 ive rise to a conflict of interest with respect to the work l
being performed under this contract.
The contractor shall ensure that all I
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 article.
If the contractor believes with respect to itself or any such employee that any proposed consultant or other <:ontractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall l
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 in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 920-1.5402(a).
(2)
The contractor agrees that if after award it discovers organiza-i tional conflicts of interest with respect to this contract, it shall make an immediate and full disciosure in writing to the Contracting Officer.
This statement shall include a description of the action which the contractor nas taken or proposes to take to avoid or mitigate such conflicts.
The NRC mdy, however.
terminate the contract for convenience if it deems.cch termina-tion to be in the best interests of the government.
i (e) Access to and use of information.
i (1)
If the Contractor in the performance of this contrac_t obtains
(
access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privac, Act of'1974 (Pub. L.93-579), or data which has not been
[
Contract No. NRC-01-80-001 Pago 6 of 6 t
l released to the public, the contractor agrees not to:
(i) use 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) i 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 is 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 j
accordance with restrictions placed on use of the information.
(3), The contractor shall have, subject to patent and security provi-j sions of this contract, the right to use technical data it produces 4
under this contract for private purposes provided that all require-ments of this contract have been met.
(f)
Subcontracts.
Except as provided in 41 CFR 620-1:5402(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) 2emedies.
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 permi:ted by law or this contract.
(h)
Waiver.
A request for waiver under this clause'shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 520-1.5411.
ARTICLE XI - COST ACCOUNTING STANDARD WITH0RAWAL is hereby added:
" Cost Accounting Standard 414--Cost of 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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