ML19347C407
| ML19347C407 | |
| Person / Time | |
|---|---|
| Issue date: | 09/29/1980 |
| From: | Dougherty D, Kahle R NRC OFFICE OF ADMINISTRATION (ADM), RALPH STONE & CO. |
| To: | |
| Shared Package | |
| ML19347C406 | List: |
| References | |
| CON-NRC-02-77-201, CON-NRC-02-77-201-2, CON-NRC-02-77-201-28, CON-NRC-2-77-201, CON-NRC-2-77-201-2, CON-NRC-2-77-201-28 NUDOCS 8010170596 | |
| Download: ML19347C407 (16) | |
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AMENDMEtu OF SOLICITATION / MODIFICATION OF CONTRACT l
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=h ch sael. des. eeference t the e.ieu.h a ead.meadment a.mbers. F AILUet OF YOUR ACENOWLEDGE ME NT TO BE Rf Clivf D AT YMt t$$U'NG OFFICE F#rOR TO THE HOUa AND DAf f 5PECIFitD M AY #E5 ULT IN 88JECTION OF Yout Of f f R.
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TD. ACCOUNTeNG AND APPkOPAtafeON D AT A (// rey.srrd, ti/A
- 11. IMf5 04CCR APPilf 5 C,*AY 10 MODJaCAtlONS OF CONTRACT 5/ORDE RS (I)
The Ch.nge Ordee es noved pur...at t.
The Ch. apes set forth 6.i U.d 12.ee m de to the.b..e avmbe.ed c.+.ct/.rder.
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The.b..e ewet. red e.ab.ct /.< des en m d f.d t. ref ect tr,.dm.a.si.we ch. ages (such.: ch.nires se p.y.ag cEce,.ppec pee.t.a dd., ett ) set forth in bl.a 12.
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- i..um.< ty of It mod f es the.b..e numbe ed e.ah.ct es set f.cth.a bl.d 12.
d DEsCIsFilON OF Awf P.DwlN1/MODIFICAf TON In accordance with Article XII - CONDITIONS FOR MAINTAINING AGREEMENT, the following articles are.dded to the Waste Management Basic Ordering Agreement:
ARTICLE XX - RESP _0NSIBILITIES OF THE PROJECT OFFICER The Project Officer is responsible for:
(1) Monitoring the Contractor's technical progress, including the surveillance and assessment of performance and reco:raending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resolution of technical problems encountered during performance.
Within the purview of this authorityr the representative is authorized to approve payment vouchers for supplies /
services required under the contracte The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.
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for guidance from the Project Officer to the Contractor to be valid, it must:
(2)) be consistent with the description of work set forth in this contract;not constit (1
conditions, or specifications incorporated into this contract; (3) not consti-tute a basis for an extension to the period of performance or contract delivery schedule; (4) not constitute a basis for any increase in the contract price.
If the Contractor receives guidance from the Project Officer which the Contractor feels is not valid under the criteria cited above, the Contractor shall immediately notify the Project Officer.
If the two are not able to resolve the question within 5 days, the Contractor shall notify the Contracting Officer.
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ARTICLE XXI.- TECHNICAL DIRECTION l
The NRC Project Officer named in this contract is responsible (a) for guiding the technical aspects of the project and for The Project general survei11ance of the work performed.
Officer is not autherized to make any conmitments or ariy changes which constitute work not within the general scope of this contract,, or constitute a basis for any increase in contra.ct price or extension of the contract Period of Pe rformance.
(b)
Technical dir,e tion must be within the general scope of work stated in the contract.
The Project Officer does not I
have the authority to.and may not issue any technical direction I
j which:
(1)
Constitutes an assignment of additional work outside the general scope of the contract.
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(2)
Constitutes a change as defined in the clause of the General Provisions, entitled " Changes."
(3)
In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
(4)
Changes _to any of the expressed tenns, conditions or specifications of the contract.
(c) ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY HIM/HER IN WRITING l
WITHIN TEN (10) WORKING DAYS AFlER VERBAL ISSUANCE.A copy of said written direction shall be provided to the Contracting Officer.
c Page 3 of 16 (d)
In the event the Project Officer desires a change to the contract within one or more of the cateoories as defined in (1) through (4) of paragraph B above, he /she must direct such request to the Contracting Officer.
The Contracting Officer-will handle the request in accordance with applicable laws and regulations.
(e)
Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's 1ts own perfonnancd and may even result in the Contractor expending funds for unallowable costs under the contract.
ARTICLE XXII - UTILIZATION OF WOMEN-0WNED BUSINESS CONCEWS T0VER10,000)
(a) It is the policy of the United States Government that 1
women-owned businesses shall have the maximum practicable opportunity to participate in the performance of contracts awarded by any Federal agency.
(b) The Contractor agrees to use his best efforts to carry out this policy in the award of subcontracts to the fullest extent consistent with the efficient performance of this contract.
As used in this contract, a " woman-owned business" concern means a business that is at least 51%
owned by a woman or women who also control and operate it.
" Control" in this context means exercising the power to make policy decisions.
" Operate" in this context means being actively involved in the day-to-day management.
" Women" means all women business owners.
ARTICLE XXIII - UTILIZATION OF SMALL ' BUSINESS CONCERNS AND SMALL BUSINESS _
CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS (A)
It is the policy of the United States that small business concerns and l
small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of contracts let by any federal agency.
(B)
The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extend consistent with the efficient performance of this contract.
The Contractor further agrees to cooperate in any studies or surveys that may be conducted by the Small Business Administration or the contracting agency which may be necessary to detennine the extent of the Contractor's compliance with t'his clause.
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(C)
(1)
The term "small business concern" shall mean a small business as,
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defined pursuaryt to Section 3 of the Small Business Act and in relevant regulations promulgated pursuant thereto.
j (2) The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small 4
businer1 concern --
j (i) which is at least 51 per centum owned by one or (nor.e socially and economically disadvantaged individuals; or in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; i
and; (ii) whose management and daily business operations are controlled by one or more of such individuals.
The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Ameri-cans, Asian Pacific Americans, and other minorities, or any other indi-vidual found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act.
1 (D)
Contractors acting in good faith may rely on written representations by their subcontractors as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.
ARTICLE XXIV - SPECIAL PROVISIONS 1.
Private Use and Protection of Unclassified Government Information and Contract information and Data (a)
Except as specifically authorised by this contract, or as othenvise approved by the Contracting Officer, records, data, information, documents and material developed or acquired by or furnished to the contractor in the performance of this contract shall be used only in connection with the work performed under this contract.
The contractor shall, upon completion or termination of this contract, transmit to the Commission all records or other information, documents and material, and any copies thereof, furnished by the Commission to the contractor in the performance of this contract.
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The contractor shall be responsible for safeguarding from unauthorized. disclosure any informatiori or other documents and material exempt from public disclosure by the Commission's regulations,and made available to the contractor in connection The with the performance of the work under this contract.
con [ractor agrees to conform to all regulations, requirements, and direction of the Cormission 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 conform to all security regulati6ns and requirements of the Commission pertaining to classified infonnation and material.
Protection of Proprietary and Company Confidential Information 2,
If proprietary or. company confidential data is prcvided to the contractor by the Government in connection with this contract, the contractor agrees to safeguard such information and agrees not to release such information to any person not directly involved in the performance of work under this contract unless such release is authorized in writing by the Contracting Officer.
Upon completion or termination of this contract, all copies of any such proprietary or company confidential data shall be returned to the Commission.
3.
Disclaimer The following notice shall be added to any report prepared under j
the provisions of this contract:
"This report was prepared as an account of work sponsored by an agency of the United States. Government.
f'either the United States Government nor any agency thereof, or any of their employees, makes any warranty, expressed or implied, or assumes any legal liability or responsibility for any third party's use, or the results of such use, of any infonnation, apparetus, product or process disclosed in this report, or represents that its use by such third party would not infringe privately owned rights."
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4 Inscection of Services _
All services (which term throughout this clause includes services (a) performed, material furnished or utilized in the performance of services, and workmanship in the performance of services) shall be subject to inspection and test by the Government, to the extent practicable at all times and places during the term of the contract.
All inspections by the Government shall be made in such a manner as not to unduly delay the work.
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o aw If any services performed hereunder are not in conformity with the (b) requirements of this contract, the Government shall have the right to require the
- Contractor to perform the services again in conformity with the requirbments of the contract, at no additional increase in total contract ar.:ount.
L'han the services to be performed are f
mance of such a nature that the defect cannot be corrected by reo of the services, the Government shall have the right to (i)er or require the Contractor to ir..T.ediately take all necessary steps to ensure future performance of the services in conformity with the requirements
' of the contract; and (ii) reduce the contract price to reflect the reduced value of the services performed.
In the event the Contractor fails pro.nptly to perform the services again or to take necessary steps to insure future performance or the services ih conformity with the requirements of the contract, the Government shall have the right
.to either (i) by contract or othersise have the services performed in conformity with.the contract requirements and charge to the Contractor any cost occasioned to, the Government that is directly related to the performance of such services; or (ii) terminate this contract for default as provided in the clause of this contract entitl ed " Default."
ARTICLE XXV
- ORDER OF PRECEDEtiCE I
in the event of an inconsistency betueen the terms and conditions of this contract, the inconsistency shall be resolved by giving precedence in the following order:
1.
The SCHEDULE 2.
The General Provisions Other terms and conditions of t.he contract, whether incorporated by 3.
reference or othentise.
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Page 7 of 16 ARTICLE XXVI - BILLING INSTRUCTIONS FOR NRC COST-TYPE CONTRACTS General.
The contractor shall submit vouchers for cost-reimbursement in the manner and format described herein and as illustrated in the sample voucher.
form.
Claims shall be submitted on the payee's. letterhead, invoice or on the i
J Government Standard Form 1034, "Public Voucher for Purchases and Services 1
Other than Personal," and Standard Form 1035, "Public Voucher for Purchases
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Other than Personal--Continuation Sheet." These forms are available from the Government Printing Office, 710 North Capitol Street, Washington, DC 20801.
Number of Copies. An original and four copies shall be mailed to the NRC office identified below.
Frequency.
The contractor shall submit claims for reimbursement once each month unless otherwise authorized in writing by the Contracting Officer.
Billing of Costs After Expiration of Contract; If cost-reimbursements are incurred during the contract period and claimed after the contract has expired, the period during wh.fch these costs were incurred must be cited.
Currency.
Billings may be expressed in the currency normally used by the contractor in maint ining his accounting records; payments will be made in that currency.
However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the i
contract.
_ Supersession.
These instructions supersede all previous billing instructions.
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l Preparation and Itemization of the Voucher. The contractor shall furnish l
the information set forth in the explanatory notes below.
These notes are i
keyed to the entries on the sample voucher. -
l (a) Payor's Name and Address.
(i) Address the original voucher (with copies to:
U.S. Nuclear Regulatory Consission, Division of Accounting, Office of the Controller, ATTN:
GOV /COM Accounts Section, Washington, DC 20555.
(b) Voucher thumber. Insert the appropriate serial number of the voucher.
l This must be in sequential order beginning with 001 as'the number to be used for the first voucher submitted under this contract.
i (c) Date of Voucher.
Insert the date the voucher is prepared.
(d) Contract Number and Date.
Insert the contract number and the effective date of the contract.
(e)
Payee's Name and Address. Show the name of the contractor as it appears in the contract and its correct address; except when an approved assignment has been made by the contractor, or a different payee has been designated, then insert the name and address of the payee.
Include name of voucher preparer and telephone number.
l (f) Contract Amount.
Insert the total estimated cost of the contract, exclusive l
l of fixed fee.
For incrementally funded contracts enter the amount currently l
l obligated and available for payment.
l (g) Fixed Feg.
Where applicable, insert total fixed fee.
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(h) Billing Period.
Insert the beginning and ending dates (day, month, and year) of the period in which costs were incurred and for which reimbursement is claimed.
(i) Direct Costs.
Insert the major cost elements as follows:
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(i)(1) Direct Labor.
This consists of salaries and wages paid (or accrued) for direct performance of the contract.
Itemize by name/ labor category, hours, and rate per hour.
t (i)(2) Fringe Benefits.
This represents fringe benefits applicable to direct labor and billed as a direct cost.
Fringe benefits included in direct costs'should not be identified here.
(i)(3) Capitalized Nonexpendable Equipment. 'For educational institutions i
list each item costing $1,000 or more; for contractors other than educational institutions, list each item costing $200 or more and having a life expectancy of more than one yea'r.
List only those items of equipment for which reimbursement is requested. A reference shall be made to the following (as applicable):
(1) the item number for the specific piece of equipment listed in the Property Schedule; (2) the Contracting Officer's i
Approval Letter, if the equipment covered by the Property Schedule; or (3) be preceded by an asterisk (*) if the equipment is below the approval level.
Further itemization of vouchers shall only be required for items having specific limitations set forth in the contract.
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(i)(4) Materials, Supplies, and Noncapitalized Equipment.
This is l
consumable materials and supplies and equipment other than that described in (i)(3) above.
Specify separately all items over $1,000.
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Page 10 of 16 (i)(5) Premium Pay.
This is remuneration in excess of the basic hourly rate.
(i)(6) Consultant's Fee. These are fees paid to consultants.
List'name,
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hours, rate per hour, and total cost.
(i)(7) Travel _.
Domestic travel is travel within the United States, its territories, possessions, and Canada; it should be billed separately from foreign travel.
List cost elements and locations of travel:
Airfare, car
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rental, l'odging, food, parking, misc.
(i)(8) Other.
List all other direct costs in total unless in excess of
$500.
If over $500, list cost elements and dollar amount separately, e.g.,
subcontracts, For computer costs, specify computer type, total hours, and cost per hour of computer time.
(j)
Indirect Costs--Overhead.
Cite the provisional rate specified in the contract.
(k) G&A Expenses.
Cite the provisional rate specified in the contract.
(1)
Fixed Fee.
If the contract provides for a fixed fee, it must be claimed as provided for by the contract.
Cite the formula or method of computation.
(See (p)).
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(m) Amount Billed for Current Period.
Insert the amount billed for the major '
cost elements, adjustment, and adjusted amounts for the period.
(n) Cumulative Amount from Inception to Date of this Billing.
Insert the cumulative amounts billed for the major cost elements and adjusted amounts
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claimed during this contract.
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(o) Total Amounts Claimed.
Insert the total amounts claimed for the current and cumulative periods.
1 (p) Adjustments.
This includes amounts conceded by the contractor, outstanding I
suspensions, disapprovals subject to appeal, and 15% withholding of earned fixed fee.
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(q) Grand Totals.
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d SAMPLE V0UCHER (a) Payor's Name and Address (b) Voucher No.
The U.S. Nuclear Regulatory Commission Division of Accounting, CON (c)
Date Voucher Prepared
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Attention: Gov /Com Accts Section Washirgton, DC 20555 (d) Contract No, and Date
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(e) Contract Period of Performar.cIe (f) Payee's Name and Address (g) Total Estimated Cost of ABC CORPORATION Contract 100 Main Street Anywhere, U.S.A.
' ATTN:
Jane Count (555)987-6543"0R The National Bbnk,Anywhere,U.S.A (h) Total Fixed-Fee Assignee for ABC Corporation Anywhere, U.S.A.
(When Payments are Assigned)
(i)
This voucher represents reimburseable costs from July 1, 1978 through July 31,1978 (m) Amount Billed (n) Cumulative for Current Amount From Period Inception to' Date of this (i) Direct Costs Billing (i)(1) Direct Labor (itemize)
$ 3,400 5 6,800 (i)(2) Fringe Benefits (rate) 600 1,200 (i)(3) Capitalized Nonexpendable Equipment.
......5,000 8,000 (i)(4) Materials, Supplies and Noncapitalized Equipment 2,000 4,000 (i)(5) Premium Pay 100 150 (i)(6) Consultant's Fee (s) 100 100 (i)(7) Travel -- Domestic 200 200 Foreign
,200 200 (i)(8) Other Total Direct Costs
$11,600 320,650 (j)
INDIRECT COSTS
% of Direct Labor or Other Base (F6rmula) 4,000 6,000 (k) G&A Expenses 700 1,400_
- 1) FIXED FEE EARNED (Formula)'
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$16,300 T28,050 o) Total Amounts Claimed (105) p) Adjustments (Less 15% fee withhelc )
(0)
(1,700) and Outstanding Suspensions, if (q) pplicable a
Grand Totals
$16,195
$26,350
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Page 13 of 16 ARTICLE XXVII BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS AND PURCHASE ORDERS General.
The contractor shall submit vouchers or invoices as prescribed herein.
Form.
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 "Public Voucher for Purchases Other Than Personal -- Continuation Sheet." These forms are available from the Government Printing Office, 710 North Capitol Street, Washington, DC 20801.
Number of Copies and Mailing Address.
An original and four copies shall be submitted to NRC offices identified below.
Frequency.
The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in performance of the contract unless otherwise specified in the contract.
Preparation and Itemization of the Voucher.
The voucher shall be prepared j
in ink or typewriter (without strikeoversT and corrections or erasures
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must be initialed.
It must include the following:
(3)
Payor's name and address.
Address the original voucher (with 4 copies) to:
U.S. Nuclear Regulatory Commission, Division of Accounting, Office of the Controller, ATTN: GOV /COM Accounts Sections, Washington, DC 20555.
w (b)
Voucher number.
This is to be in sequential order beginning with 001 as the number to be used for the first voucher submitted under this contract or purchase order.
(c)
Date of voucher.
(d)
Contract number and date.
(e)
Payee's name and address.
(Show the name of the contractor and its correct address, except when an assignment has been made by the contractor or a different payee has been designated, then insert the name and address of the payee.)
(f)
Description of articles or~ services, quantity, unit price, and total amount.
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l (g)
Weight and zone of shipment, if shipped by parcel post.
l (h)
Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express.
1 (1)
Instructions to consignee to notify Contracting Officer of receipt of shipment, u.
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(j)
Final, invoice marked:
" FINAL INV0 ICE" Currency 2 Billings' may be expressed in the currency normally used by the cortractor in maintaining his accounting records and payments will be made in that currency. However, the U.S. dollar equivalent for all invoices paid under the cdntract may not exceed the total U.S. dollars authorized in the, contract.
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SAMPLE V0UCHER (a) Payor's fame nad Address (b) Voucher No.
The U.S. Fluclear Regulatory
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Commission Division of Accounting, CON Tc). Date Voucher Prepared Attention: Gov /Com Accts Section,
Washington, DC 20555 ld)-~ Contract ifo. and Date
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ContractPeriodofPerformance[
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Payce's llame and Address (g)
Total Estimated Cost of Contract ABC CORPORATION 100 Main Street Anywhere,.U.S.A.
ATTN:
Jane Count (555)987-6543"0R Total Fixed-Fee The fiational Ba'nk,Anywhere,U.S.A (h)
As' gnee for ABC Corporation Anywhere, U.S.A.
(When Payments are Assigned)
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This voucher represents reimburseable c.osts from July 1,19781__through July 31,1978 (m) Amount Billed (n) Cumulative for Current Amount From Period Inception to Date of this Billing (i)
Direct Costs (i)(1) Direct Labor (itemize)
- T 3,400 5 6,800 600 1,200 (i)(2) Fringe Benefits (rate) 1 (i)(3) Capitalized Nonexpendable Equipment 5,000 8,000 (i)(4) Materials, Supplies and lioncapitalized Equipment 2,000 4,000 100 150 (i)(5) Premium Pay 100 100 (i)(6) Consultant's Fee (s) 200 200 (i)(7) Travel -- Domestic Foreign
,.200 200
. -0 _
(i)(8) Other T1'i,600 T20,650 Total Direct Costs (j)
If4 DIRECT COSTS
~ % of Direct Labor or Other Base (Formula) 4,000 6,000 700
-1,400 (k) G&A Expenses (1) FIXED FEE EARt;ED(Formula)'
Ti~6Tf0li T28,050 (o) Total Amounts Claimed (105)
(p) Adjustments (Less 15% fee withhelc)
(0)
(1,700_)
and Outstanding Suspensions, if applicable
$16,195_
$26,350_
(q) Grand. Totals
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Page 16 of 16 Article XV - GENERAL PROVISIONS AND 110DIFICAT_IO_NS THERE_TO, (b) Appendix A.
General Provisions, Cost-Type Contracts With Concerns Other Than Educational Institutions is also modified as follows:
1.
Clause No. 23 entitled " Nuclear Hazards Indemnity-Product Liability" shall be deleted in entirety.
2.
Clause No. 59 entitled " Publication and Publicity" shall be deleted in entirety.
In addition to the above, page 2 of the Basic Ordering Agreement entitled, CONTENTS OF BASIC ORDERING AGREEMENT is modified to add the following:
6.
NRC ffanual Chapter 3202 - PUBLICATION OF UNCLASSIFIED REGULATORY AND TECHNICAL DOCUMENTS PREPARED BY NRC CONTRACTORS, INCLUDING REPORTS PREPARED UNDER OR PURSUANT TO INTERAGENCY AGREEMENTS.
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