ML19350B873

Mod 1,adding Articles 12-20 to Basic Ordering Agreement to Environ Assessments of Surface & Groundwater Impacts from U Recovery Operations

ML19350B873
Person / Time
Issue date:	03/11/1981
From:	Humphrey J, Mattia M NRC OFFICE OF ADMINISTRATION (ADM), OTT WATER ENGINEERS, INC.
To:
Shared Package
ML19350B872	List: ML19350B871 ML19350B873
References
CON-NRC-02-80-028, CON-NRC-02-80-028-0, CON-NRC-02-80-028-01, CON-NRC-2-80-28, CON-NRC-2-80-28-1 NUDOCS 8103230939
Download: ML19350B873 (16)

Text

l I AMENDMENT OF SOLICITATION /l,'.ODIFICAilON OF Col 4Tr.ACT i i

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i In accordance with Article X - CONDITIONS FOR MAINTAINING AGREEMENT, the following articles are added to the Basic Ordering Agreement:

ARTICLE XIV - RESPONSIBILITIES OF THE PROJECT OFFICER _

I The Project Officer is responsible for:

(1) Monitoring the 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) performbg tc:hnical inspections and acceptances required by this contiact; and (5) assisting the Contractor in the resolution of technical problems encountered during performance. Within the purview of this authority, the representative is authorized to approve payment vouchers The Contracting Officer for supplies / services required under the contract.

is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.

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rage 2 of 16 For guidance fro. the Project Officer to the Contractor to be valid, it (1) be cansistent with the description of work set forth in this must:

contract; (2' not constitute new assignment of work or change to the expressed te.ms, conditions, or specifications incorporated into this contract; (3) not constitute 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 Of ficer.

ARTICLE XV - TECHNICAL DIRECTION A.

The NRC 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 Performance.

Technical direction must be w gin the general scope of work stated B.

Thc Project Jfficer does not have the authority in the contract.

to and may not issue any technical direction which:

Ccnstitutes an assignment of additier.al work cu:sice :ne _aneral sccce 1.

of che Contract.

Constitutes a change as defined in the clause of :he General Pr : visions, 2.

entitled " Changes."

In any way causes an increase or decrease in the total esticated 3.

contract cost, the fi;ed fee, if any, or the time required for concract perforn.ance.

Changes any of the expressed terms, conditions or specifications of 4.

the contract.

ALL TECHilICAL DIRECTIONS SHALL BE ISSUED IN WRITING SY THE OR SHALL BE CONFIRMED SY SUCH PERSON IN WRITING WITHIN TE C.

DAYS AFTER VERBAL ISSUANCE. A copy of said written direc: ion shall be sucmitted to the Contracting Officar.

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Page 3 of 16 In the event the Project Officer desires a change to the contract D.

within one or more of the categories 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 performance and may even result in the Contractor expending its own funds for unallowable costs under the contract.

UTILIZATICN OF UOiE!!-0UNED BUSIt:ESS CONCERNS (Over $10,000)

Article XVI It is the policy of the United States Government that woman-owned (a) businesses shall have the maximum practicable opportunity to participate in the performance of contracts awarded by any Federal agency.

The Contractor. agrees to use his' best effarts to carry out this (b) policy in the award of subcontracts to the fullest extent consistent As used in this with the efficient performance of this contract.

contract, a " woman-owned business" concern means a business that is at lease 51% owned by > woman or women who also control and operate

" Control" in this context means exercising the power to make it.

policy decisions. " Operate".in this context means being actively involved in the day-to-day management. " Women" means all women business owners.

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Page 4 of 16 Articia YVif-Utili7ation of Small Busi-ess Concerns and S all Fusiness Conceras_R.nad_and Controlled By Socially and Economically i

Disadvantaged Individuals (a)

It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and econonically 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 'ullest extent consistent with the efficient performance The contractor further agrees to cooperate in any of this contract.

studies or surveys that may be conducted by the Small Business Administration or the contracting agency which may be necessary to determine the extent of the contractor's compliance with this clause.

(c)

(1)

The term "small business concern" shall mean a small business as defined pursuant to Section 3 of the Small Business Act and in relevant regulations promulgated pursuant thereto.

(2)

The term "small business concerns owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern--

i. which is at least 51 per centum owned by one or more 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 indi-viduals; and ii. whose management and daily b'usiness operations are controlled by one or more of si ch individuals.

The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, ?!ative Americans, Asian-Pacific Americans, and other minorities, or any other individual round to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act.

(d)

Contract-s acting in good faith may rely on written representations by theit subcontractors as either a small business cer.cern or a small business concern owned and controlled by socially and economically disadvantaged individuair.

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Fage 5 orTb ARTICLE XVIII - ORDER OF PRECEDEtiCE In the event of an inconsistency between 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 3.

Other terms and conditions of the contract, whether incorporated by reference or otherwise.

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- BItL1NG INSTRUCTIONS FOR GRC COST-TYPE CO::TR/, CTS ARTICLE XIX The contractor shall submit vouchers for cost-reimbursement in General.

the canner and forSat described herein and as illustrated in the sample voucher.

Claims shall be submitted on the payee's letterhead, invoice or on the Form.

Govern. ment Standard Form 1034, "Public Voucher for Purchases and Services Other than Personal," and Standard Form 103S, "Public Voucher for Purchases Other than Personal--Continuation Sheet." These forms are available from 20301.

the Government Printing Office, 710 North Capitol Street, L'ashington, DC Number of Copies.

An' original and four copies shall be mailed to the NRC office identified beloW.

The contractor shall submit chims for reimbursement once each Frequency.

month _ unless otherwise authorized in writing by the Contracting Officer.

Billino of Costs After Expiration of Contract:

If cos't-reimbursements are incurred during the contract period and claimed after the contract has expired, the period durinh which these costs were incurred cust be cited.

Billings may be expressed in the currency normally used by the Currency.

contractor in maintaining his accounting records; payments will be made in However, the U.S. dollar equivalent for all invoices paid that currency.

under the contract may not exceed the total D.S. dollars authorized in the contract.

These instructions supersede all previous billing instructions.

sucerse'ssion.

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.-su The contractor shall furnish preparation and Itemizt +.icn of the Voucher.

These notes are the information set forth in the explanatory notes belcw.

keyed to the, entries on the sample voucher.

(a)

Payor's T[ame and Address.

(i) Address the original voucher (with copies U.S. I!uclear Regulatory Co::.v.ission, Divisi0n of Accounting, Office to:

of the Controller, ATTri: GOV /COM ' Accounts Section, Washington, DC 20555.

E (b) Voucher flumber.. Insert the appropriate serial number of the vouch r.

This must be in~ sequential order beginning with 001 as the number to be used for the first! voucher submitted under this contract..

(c) Date of Voucher.

Insert the date the voucher is prepared.

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(d)

Contract f! Umber and Date_.

Insert t,he contract number and the effective date of the contract.

(e)

Payee's T ame and Address _.

Shcw the name of the contractor as it appears in the contract and its correct address; except whan an approved assigr.mant has been made by the contractor, or a different payee has been designated,

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Include name of voucher then insert the nsme and address of the payee.

preparer and telephone number.

Insert the total estimated cost of the contract, exclusiv; (f)

Contract Amount.

For increment' ally funded contracts enter the amount currenti;.

of fixed fee.

otiligated an'd available for payment.

(g)

Fixed Fee _.

Where applicable, ir[ sert total fixed fee.

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Page 8 of 16 Insert the beginning and ending dates (day, month, and (h) Billing Period _.

year) of the period in which costs were incurred and for which reim is claimed.

Insert the major cc:,t elements as follows:

(i) Direct Costs.

This consists of sala' ries and wages paid (or accrued) 1 (i)(1) Direct Labor.

Itemize by name/ labor category, for direct performance of the contract.

hours, and rate,per hour'.

(i)(2) Frinae Benefits.' This represents fringe benefit's applicable to direct labor and billed as a direct cost.

Fringe bene, fits' included in direct' costs should not be identified here.

For educational institutions (i)(3) Capitalized $onexpendable Equipment.

list each item costing $1,000 or more'; for contractors other than ed institutions, list each item costing $200 or more and having a li.fe List only those items of equipm.?nt for.

expectancy.of more tha'n o'ne yea'r.

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A reference shall be made to the which reimbursement is requested.

following (as applicable):

(1) the item number for the specific piece of equipment listed in the Property Schedule; (2) the Contracti

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Approval Letter,' if the equiphent covered by 'the Property Schedule (3) be preceded by an asterisk (*) if the equipment is below th Further itemization of vouchers shall only be required for items l

level.

-having specific limitations set forth in the contract.

This is

. (i)(4) Materials, Supplies, and 1,'oncapitalized Equipment.

d consumable materials and supplies and equipment odher than tha Specify separately all items over $1,000.

in (i)(3) above.

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4 Page 9 of 16 This is re uneration in excess of the basic hourly (f)(5) Premium Pav.

rate.

(i)(6) Consultant's Fee.

These are fees paid to consultants.

List name, hours, ra'te per hour,' and total cost.

Damastic travel is travel within the United States, its (i)(7) Travel.

territories, possessions, and Canada; it should be billed separately fro:n foreign travel.

1.ist cost elements and locat. ions of travel: Airfare, car rental, lodging, food, parking, misc.

Uist all other direct costs in total unless in excess of

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(i)(8) Other.

If over $500, li'st cost elements and dollar amount separatelf, e.g.',

$500.

For computer costs, specify comput'er type, total hours, and subcontracts.

cost per hour of comput'er' time.

(j)

Indirect Costs--Overhea'd_.

Cite the provisional rate specified in the contrac t.

Cite the provisional rate specified in the contract.

(k) G&A Expenses.

If the cont'ract provides for a fixed f6e," it must be claimed (1)

Fixed Fee _.

Cite the formula or method of computation.

as provided for by the contract.

(See (p)).

In' sert the amount billed for the ma'jor (m) Amount Billed for Current Period.

cost elements, adjustment, and. adjusted amounts for the period.

Insert the (n) Cumulative Amount from Incsption to Date of this Billino.

cumulative amounts billed for the major cost eleme[nts and adjusted a claimed during this contract.

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Page 10 of yg Insert the total amounts claimed for the current Total Amounts Claimed.

(o) _

and cumulative periods.

This includes amounts conceded by the contractor, outstanding (p) Adjus tmen ts_.

suspensions, disapprovals subject to appeal, and 15% withholding of fixed fee.

.(q) Grand Totals.

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SA!PLE VOUCHER (b) Youcher I!o.

(d Payor's llame' and Address

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The U.S. ?!uclear Regulatory Division of Accounting, CON (c)

Date voucher Prepared

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Co:mniss ion Attention: Gov /Com Accts Section

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Contract tio. and Date Contract Period of Performanch, (e)

(g)

Total Estimated Cost of (f)

Payee's !!ame and Address Contract ABC CORPORATION 100 liain Street Anywhere, U.S.A.

ATTII:

Jane Count (555)987-6543"0R

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The fiational Bank,Any.shere,U.S.A (h)

Total Fixed-Fee Assignee for ABC Corporation Anywhere, U.S.A.

(5then Payments are Assicne<i)

This voucher represents reimberseable costs from July 1,1978_ through

[i)

July 31,1978_

f (m) Amount Billed (n) Cumulative for Current hmount From Period Inception to Date of this Billing (i)

Direct Costs

$ 3,400 5 6,800 (i)(1) Direct Labor (itemize)~

600 1,200 (i)(2) Fringe Benefits (rate) -

(i)(3) Capitalized I;onexpendable Equ'ipment.

5,000 8,000 i

(i)(4) Materials, Supplies and 2,000 4,000

?!oncapitalized Equipment 150 100 (i)(5) Premium Pay 100 100 (i)(6) Consultant's Fee (s) 200 200 (i)(7) Travel -- Domestic 200

. 200-Foreign

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(i)(8) Other

$11,600 320,650 Total Direct Costs (j)

IfiDIREST COSTS

% of Direct Labor or Other 6,000 4,000 Base (Formula) 700_

1,400_

_ 8,050 (k)

GT.A Expenses 52 (1) ' FIXED FEE EARt EO(Formula) -

516,300 (105)

(o)

Total Amounts Claimed (P) Adjustments (Less 15% fee withhelt )

(0_)l (1,700) and Outstanding Suspensions, if applicable

' $16,195_

$26,350_

(q). Grand Totals

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ARTICLE XX BILLINGIt[STRUCTIONSFORFIXEDPRICE CONTRACTS AND FURCHASE ORDERS General.

The contractor shall submit vouchers or invoices as prescribed herein.

F_o nn. Claims shall be submitted on the payee's letterhead, invoice or on the Government's Standard Fonn 1034 "Public Voucher for Purchases and Services Other Than Personal," and Standard Fonn 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 Cooies and Mailing Address._ An original and six copies shall be submitted to NRC offices identified belcw.

Frecuency.

The contractor shall submit on invoice or voucher only after NRC's final acceptance for services rendered or products delivered in

.perfonr.ance of the contract unless othersise specified in the contract.

Preparation and Itemization of the Voucher.

The voucher shall be prepared in ink or typewriter (without strikeovers) and corrections or erasures must be initialed.

It must include the following:

(a)

Payor's name and address.

(i)

Address the original voucher (with 4 copies) to:

U.S. Nuclear Regulatory Commission, Division of Accounting, Office of the Controller, ATTN: GOV /CCM Accounts Sections, Washington, DC 20555.

(ii)

Address 2 copies to:

U.S. Nuclear Regulatory Cornission, ATTN: E. L.

Halman, Director, Division of Contracts, Washington, DC 20555.

(iii) The original copy of the voucher should indicate that (2) copies have been foraarded to the Contracting Officer.

(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.

l (c)

Date of voucher.

I (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 eddress of the payee.)

(f)

Description of articles or services, quantity, unit prica, and total amount, t+ n w :. = ~.. x._ - -- - =.

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(g)

Weight and zone of shipment, if sSipped by parcel post.

(h)

Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express.

(i)

Instructions to consignee to notify Contracting Officer of receipt of shipment.

(J)

Final invoice marked: " FINAL INVOICE" Bil-lings may be expressed in the currency nomally used by Currency._

the contractor in maintaining his accounting records and payments will Hcwever, the U.S.. dollar equivalent for all be made in that currency.

invoices paid under the contract r.ay not excer.1 the total U.S. dollars authorized ir, the contract.

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Page l' of 16 In addition to the above additions, the following changes are made:

ARTICLE XII - GENERAL PROVISIO M Paragraph 2 - General Prov sions, - Cost Type Contracts With Concerns i

Other Than Educational r-

!tutions dated 2/15/78 is modified as follows:

1.

Clause No. 23 entitled "fluclear Hazards Indemnity-Product Liability" shd Se deleted in entirety.

2.

Clause No. 59 entitled " Publication and Publicity" shall be deleted in entirety.

ARTICLE XIII - SPECIAL PROVISIONS _ is amended to add the following Special Provisions appl.icable-to al.1 Task Orders Placed under the Basic-Ordering Agreement.:

1. Private Use and Protection 'of Unclassified Governhent Information

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and Contract Information and Data (a) Except as specifically authorized 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.

(b) The contractor shall be responsible for safeguarding from unauthorized disclosure any information or other documents and l

material exempt from public disclosure by the Commission's regulations and made available to the contractor in connection i

with the performance of the work under this contract.

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contractor agrees to conform to all regulations, requirements, and direction of the Comission 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 regulations and requirements of the l

Conraission pertaining to classified infornation and material.

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2.

Prote: tion of Proprietary and Cemacy Confidential Information If proprietary or cor any confidential data is provided to the contractor by the f vernment 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...idded to any report prepared under the provisions of this contract: "This report was prepared as an account of wrck sponsored by an agency of the United States Government.

Neither the Unt: 3d 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 ary third party's use, or the results of such use, of any information, apparatus, product or process disclosed in this report, or represents that its use by such third party would not infringe privately cwr.ed rights."

4.

Inspection of Services (a) All services (which term throughout this clause includes services performed, material furnished or utilized in the performance of services, and workmanship in the performence 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 shal_1 be made in such a manner as not to unduly delay the work.'

(b)

If any" services pe'rforried hereunder are not in conformity with the

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requirements of this contract, the Government shall have the right to require the Contractor to perform the services again in conformity with the requirements of the contract, at no additional ircrea,e f ri total contract amount. When the services to be perfor = M are of such a nature that the defect cannot be corrected by reperformance of the services, the Gover.nment shall have the right to (i) require the Contractor t6 immediately tdke all necessary steps to ensure future performance of the rervices in conformity with the requirements of the contract; and (ii). tduce the contract price to reflect the reduced value of the services performed.

In the event the Contractor fails promptly to perform the services again or to take necessary steps to insure future performance of the services in conformity with the requirements of the contract, the Government shall have the right to either (i) by contract or otherwise 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 enti tl ed "Defaul t."

Page 16 of 16 In addition to the above, page 2 of the Sasic Ordering Agree: ent entitled, CC?iTENTS OF BASIC ORDERING AGREEMENT is codified to add the following:

6.

?iRC Manual Chapter 3202 - PUBLICATICN OF UNCLASSIFIED REGULATORY At;D TECHNICAL DOCUMENTS PREPARED BY tlRC CONTRACTORS INCLUDING REPCRTS PREPARED UNCER OR PURSUANT TO INTE? AGENCY AGREEMENTS.

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