ML20009A762
| ML20009A762 | |
| Person / Time | |
|---|---|
| Issue date: | 06/02/1981 |
| From: | Robert Felton, Lebo C NRC OFFICE OF ADMINISTRATION (ADM), TERA CORP. |
| To: | |
| Shared Package | |
| ML20009A760 | List: |
| References | |
| CON-NRC-10-78-580 NUDOCS 8107140156 | |
| Download: ML20009A762 (13) | |
Text
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' 3 ND EO ORM J0. JULY lYoc P.Wt i
of ceNe,At SenviC 5 A m Ni5re.riON AMENDMENT OF SOLICITAT ON/ MODIFICATION CF CONTRACT erd e.OC. no i4 CFai i-i u oi 1
5
- 1. AMf NDadfNf/MODIHCATION NO.
- 2. LIf fCTivt DATE
- 3. REQUISIT bN/ PURCHASE BLOUEsf NO.
- 4. PROJECT NO. (t/ app /sorh/sj Sixteen (16) 6/ 2/81 ADM-78-580 #19, 20, 21 5.i55ciD,
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- 6. ADwNi$unD.y w es,,,,w u.a 5, CoDr l U.Se NUCLEAR REGULATORY COMMISSION Division of Contracts Washington, DC 20555
- 7. CONta ACTOR t.oDt. l l
l.4Cil.Il Y ( UUt l S.
NAME AND ADDRESS AMf ND*AINT OF TERA ADVANCED SERVICES CORP.
l 2150 Shattuck Avenue DArED rsu ma n f $rrret. nos.
Berkeley, CA 94704 m.,,.. g.u,.
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CONinACr/O,DE. Ne,.
NRC-10-78-580 CoJo o O
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6/3/78 DAnD 75,u.a,,,
9 IHt5 BLOCK APPLits ONLY TO AMENDMtNTS OF 50uCITAflON5 The above numbered sol.crechea en omended as set forth.a block 12.
f ke heve and Ja'e spec 4ed for rece.pt of O*ees es e.*eaded$
is act emiended.
C#ecoes muse echao. ledge rece.pt of th,s emeedment pr.oe to the have end do e eret F.ed
- the soi.cdotion, or os omeacet by one of tae folio. ag seemods:
(t) By e ga ag and reo ramg op es of this omeadraent; (b) Br ochno.le'dging *ece.pt of 'No omendmeat on each copy of the o#ee submated; or (c) By sepaeote lettee or telegeona v
.Ach actedin a reference to Ae sol cdoboa and omendment avrebers F AILURE OF YOUR ACKNOWLEDGEMENT TO BE RECE;VED AT THE ISSU1NG OFFICE PRIOR TO THE HOUR AND Daf t SPECIFif D M AY BESUtf IN ag>ECYlON OF YOUR OHER if. by vir*ve of mis ameadmer* you des.re to choage sa o#er already subamed, such change mor be' mode by telegrom o e e,.,,o. da smh,eieg,o o, ie.,er oies,e.e,eace.o.he soi.c, t.on ow..e e-admeat. and.s,ece...d
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,o the o,ea.a how, and do.e s,eceed
- 10. ACCObNTiNG AND APPWOPRIAllON DATA (ff pryarsred/
Appropriation Symbol B&R No.
Increase 31XO200.401 48-PJ-25-302
$2,448 200J0 A
- 41. fHis siOCK APPtits ONLY TO MODIFICAflONS OF CONTitACTS/ ORDERS (o p Tbs Choage Order is essved pursuont to the Choages set fo a..a block 12 ore made to the abo-o numbered coattact/oeder (br h The above avebered conecoct/ordet is mod f ed to retlact the admiais'rosive chonoes (such as ch+>arres ta 41 U. S. C. 2 52 ( c ) (I oOe. oppreptioteoa dcto. etc l set for'h in block 12.
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se modi es the obo.e avmbered contros set fort *i in block 12 52 D(5Cli PTION OF AMENDM[NT/ MODIFICATION A.
Section 2, Article I - Period of Performance, the date is changed to read February 2, 1982.
B.
Section 2, Article III - Ceiling Price and Availability of Funds, the ceiling price is changed to read $28,621,651. Of this amount I
$26,198,368 is currently obligated and available for payment under this contracte C.
Section 2, Article X - Identification of Key Personnel, is changed to read as follows:
s James A. Long Charles E. Lemon Douglas E. May James DiSciullo 8107140156 810602 Y
Y-580 PDR
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.... ms ou cow...or s o,,he docum. t.et,,eaca m.. os he.fo,e c hoaoei,em.m.g.d o,d = fvil fo e.e e..c.
b h CONTRACTOR /OFFf eor 15 REQuitto 70 $
N THis DOCUMENT D RETU COPit$ 70155UeNG OFFICE u
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~ dDpL 17 Alfs OF Auf RIC A 14 b/.M f'$C - 7 ^
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- 15. NiME AND I:Ilt OF SIGNE S (I)pterprret) le DAf t 5!GNED 18 NAME OF CONTR ACTING Off KER f lipe er friet)
- 19. DA1 5tGNE D S'M M N
E m w t m W ce h h t-c/.x/9/
Craig D. Lebo (o 2 &/
30-101 o U S GPO:197M311-1W 5106
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Page 2 of 5 flRC-10-78-580, Mod.16 D.
Section 2, Article XX - NRC Use of the Contractor's Proprietary Software, is deleted in its entirety and the following substituted in lieu thereof:
" Article XX - NRC Use of the Contractor's Proprietary Software a.
The contractor alleges that its Automated Records Management System (ARMS) is a proprietary computer system, designed and developed by TERA. The contractor shall provide to the Nuclear Regulatory Commission the utilization of the applicable software portions of this system as determined by the Nuclear Regulatory Commission.
Full rights and title to the existing ARMS software will remain in TERA, except that the flRC only, will have the right to use, at no cost, the aforesaid applicable software portions of the ARMS system in the manner and for the purposes set forth in Section 3 of this contract. Such rights shall survive the expiration of this contract.
Improvements in the applicable software portion of the ARMS system which are required to be originated or developed under this contract are subject to unlimited rights as defined in Clause 58.
b.
In the event the Nuclear Regulatory Commission exercises its option to purchase the system hardware and software (see Section 6.A.) the contractor shall waive, as additional consideration for such purchase, any and all software program license fees for all software required to operate the Document Control System a
j which is alleged to be proprietary. Additionally, the contractor shall deliver to the COTR, upon the COTR's request, but not later than January 4, 1982, the source code for all software required to operate the Document Control System including any portions or programs which are alleged to be proprietary.
The Nuclear Re'ulatory Commission may without the further consent of g
c.
l the contractor use any and all proprietary software with automatic data. processing equipment (ADPE) as defined in FPR 1-4.1102-1 whether or not such ADPE is the same make(s) and model(s) as that purchased under Section 6.A. of this contract."
E.
Section 4, General Provisions is modified as follows:
1.
Clauses 2, 3, 5, and 10 are hereby deleted.
2.
Clauses 63, 64, 65, 66, 67, 68, and 69 originally referenced in Section 6, are retained as Clauses in the General Provisions of this contract by virtue of this reference.
3.
The clauses at FPR 1-7.402-5 "Irispection and Correction of Defects" and 1-8.702 " Termination for Default or Convenience of the Government" are by this reference incorporated into the contract as clause number 72 and 73 respectively.
1 l
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F' i
foge 3 of 5 NRC-10-78-580, Mod. 16 F.
Section 6 Pricing Schedule, is deleted in its entirety and the following is substituted in lieu thereof:
"Section 6 - Pricing Schedule A.
Fixed Monthly Lease Price Subsection (1) The contractor shall provide the system, including the equipment set forth in A(6) below, at the fixed monthly price of 5173,561-for the period of performance from June 3 1981 through February 2, 1982.
This price includes hardware maintenance.
Software maintenance shall be provided for the period of performance from June 3,1981 through February 2,1982 at a fixed monthly price of $5,000.00. In the event the Nuclear Regulatory Commission exercises its option to purchase, hardware maintenance will be provided from the date of purchase through February 2,1982 at a fixed monthly price of $10,193.00.
(2) Payment for lease services of less than one month's duration shall be prorated at 1/30th of the basic monthly charges for each calendar day.
(3)
Each invoice will provide a 1% prompt-payment discount for payment made on or within 20 calendar days from receipt of the invoice. Payment is deemed to be made f or the purpose of carning the discount on the date of mailing of the Government check.
In the event the NRC exercises its aption to purchase, the purchase invoice shall also reflect a 1% prompt-payment discount for payment made on or within 20 calendar days from receipt of the invoice.
Additionally, invoices shall provide for a 15% prompt-payment discount for payment made on or before 15 calendar days from receipt of the invoice for the software maintenance charge.
in the event the Nuclear Regulatory Commission exercises its option to purchase, the 1%
15 day prompt-payment discount shall also extend to the hardware maintenance charge.
(4) The Nuclear Regulatory Conunission may, at its option, purchase the system as set forth in paragraph A(6) less all ARMS video related equipment, at a fixed price of $4,343,577 less rental credits accrued as of the date of purchase. The percentage of rental credits is determined as of the date of purchase. The date of purchase shall bc the effective date of the modification exercising the option to purchase.
For any exercise of this option later than June 30, 1981, the Nuclear Regulatory Coninission must provide the contractor notice of 60 working days.
(5) Rental credits shall be credited toward the purchase price as set forth below:.
4
Page 4 of 5 NRC-10-78-580, Mod.16 a.
Through July 2, 1981 - 63%.
b.
From July 3,1981. through August 2, 1981 - 61.143%.
c.
From August 3,1981 through September 2,1981
- 59.286%.
d.
From September 3, 1981 through October 2, 1981
- 57.429%.
e.
From October 3,1981 through flovember 2,1981
- 55.572%.
f.
From flovember 3,1981. through December 2,1981
- 53.715%.
g.
From December 3,1981 through January 2,1982
- 51.858%.
h.
From January 3,1982 through February 2,1982
- 50%.
The Nuclear Regulatory Commission may, at its option, earn rental credits on equipment leased less than 24 months.by paying additional lease. payments so that total lease payments paid is an equivalent of 24 monthly lease payments -for each piece of equipment. The option is valid only if it is exercised for all equipment leased less than
-24 months as of the effective date of this modification. The rental credit applies only toward the purchase of continuously leased equipment.
(6) The contractor shall provide on a lease basis to the point of purchase all hardware and software for. the performance of the Document Control System requirement that is in place as of the effective date of this modification.
(7) The contractor shall provide maintenance on all contractor-owned system hardware in accordance with the maintenance agreement attached hereto _at the fixed monthly price set forth in paragraph A(1) above. The contractor guarantees a 95% availability for each of the system's disc drives and central processing units as measured on a monthly basis. The failure of a piece of.
equipment to meet the guaranteed level of availability will result in the assessment of a penalty equal to the product of (1) the differgnc between the actual and the gg/-
guaranteed availability (2) the monthly maintenance g6 charge /forthatpieceofequipment.
(8) The total price of this subsectio~n is estimated to be $2,426,837.
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Page 5 of 5 NRC-10-78-580, Mod. 16 B.
Cost-Plus-Fixed-Fee Subsection (1) The costs identified in B(2) below shall be reimbursed on a cost-plus-fixed-fee basis.
(2) Column A identifies the cost estimates covered by this subsection while the corresponding dollar amount (inclusive of G&A) in Column B represents the estimated cost for the period of performance from June 3,1981 through February 2,1982.
A B
Transportation 32,661 Per Diem 24,427 Labor 2,792,285
~
Project Operations Costs 236,423 Facility Lease 303,064
- The Nuclear Regulatory Commission reserves the right to provide selected supplies (e.g., film, computer paper, etc.,) and selected facility costs (e.g., furnishings, office equipment, etc..) to N "hs the contractor in lieu of contractor procurementi6 these items.
The fixed fee set forth in B(3) below will be reduced in consideration for items furnished by the NRC. The failure of the contractor and the contracting officer to agree as to the amount of the reduction in the fixed fee shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled " Disputes."
- The cost estimate for the facility lease is as shown and represents the Nuclear Regulatory Commission commitment to leass from TASC the facility from June 3,1981 to June 2,1982 the period of performance notwithstanding.
(3) The estimated cost of the cost elements set forth in B(2) above is $3,388,860. The fixed fee is $304,997. The total estimated cost and fixed fee is $3,693,857.
END CF MODIFICATION SIXTEEN l
TERA Advanced Services Corporation Agreement for Maintenance of TASC Systems og
+
TO:
TERA Advanced Services Corporation Agreement No.:
Nome and Address of Customer:
U.S. Nuclear Regulatory Commission Washington, D.C. 7055S TER A Advanced Services Corporation ("T ASC") shall maintain the products specifier on Appendi> B in good operating condition throughout the term of this agreement.
Maintenance will consist of regularly scheduled and systematic preventive maintenance and all necessary corrective maintenance. The total monthly charge for this service is shown ou Appendix B.
All maintenance provided as part of this Agreement will be performed during the periods of coverage specified in Appendix A in accordance with the terms and conditions herein. Labor and travel provided for the Customer's convenience outside the specified periods of coverage will be invoiced separately at TASC's published rates.
TERA CORPCQAlCN
Conditions of Maintenance Response Time
, The response time is specified in Appendix A.
TASC shall respond l'o o request for corrective maintenance within the specified response time measured in shif t hours. Avollobility of TASC personnel and telephone answering service is limited to the specified periods of coverage and specified stondby periods.
Standby Periods The standby periods are specified in Appendix A.
Availability of TASC personnel and telephone answering service to respond to requests for corrective maintenance are provided during these periods. All labor and travel expended during these pe sods will be invoiced separately at TASC's published rates.
Periods of Coverone The periods of coverage are specified in Appendix A and shall uniformly apply to all products covered _by this Agreement. The Customer may request a change in the specified periods of coverage at any time. Such change is subject to written opproval by TASC.
Terms of Agreement Unless otherwise specified, the term of this agreement shall be from the date of purchase to February 2,1982. However, the Customer may terminate this agreement b' issuing thirty (30) days prior written notice.
y Responsibilities of TASC For the prices indicated in Appendix B, TASC shall provide all labor that it deems necessary to maintain the products in good operating condition. Replace-ment parts shall be new or equivalent and ports replaced shall be repaired, if possible, by TASC. Ports which cannot be repaired by TASC will be replaced by new parts purchased by the Customer. This service is further defined in two (2) categories:
1.
Preventive Maintenance P
A monthly preventive maintenance shall be performed during the specified periods of coverage cn a schedule mutually agreed upon by the Customer and TASC. This maintenance includes all cleaning, lubrication, iospection, testing, and alignment necessary to minimize product failures and extend their useful life.
TEPA CORPORATON J
2.
Corrective F,intenance This maintenance includes all actions to diagnose and correct product molfunctions. At times, remedies may consist.of temporary proce-dures to be followed by the Customer - during the period when a permanent remedy is being sought. TASC will use its best good-faith efforts to expedite and implement the permanent remedy.
This maintenance shall be performed during the specified periods of coverage.
TASC's maintenance service is contingent upon prcper use of the products by the Customer. TASC shall be under no obligation to furnish maintenance service should repair be required due to causes other than proper and ordinary use or maintenance as authorized or specified by TASC.
Unauthorized alterations which affect spores compatibility or interchangeability, or which affect the ability to diagnose the products specified in Appendix B,
~ hall relieve TASC of maintenance responsibilities.
s TASC reserves the right to review the addition of non-TASC supplied peripherals to each system under this Maintenance Agreement. Peripherals that could alter or offect the system operation may be cause for TASC to terminate this agreement with thirty (30) days written notice to the Customer.
Conditions of Service TASC shall be under no obligation to furnish maintenance service under this agreement should repair be required because of (1) improper use: (2) natural disasters such as flood or earthquake; (3) strikes, riots, or acts of war or nuclear disaster; (4) repairs,' maintenance, modifications or relocation and reinstallation made by other than TASC personnel or without TASC supervision and approval; and (5) unusual shock or electrical damage, accidents, fire, or water domoge, neglect, air conditioning failure, humidity control failure, damage during trans-portation by Customer, or other causes other than ordinary use. if maintenance service is required as a result of the causes stated above, such service shall be provided at TAS.C published rates for labor, travel and material in effect of the
' time of service.
, Exclusions TASC maintenance service does not include: (1) operating supplies and cc'nsumables; (2) refinishing the products or furnishing materials for that pur-pose; (3) electrical work external to the product, and (4) maintenance of acces-sories, attachments or products not specified in Appendix B.
TERA CORPORATION e
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,y Responsibility of the Customer.
The Customer shall:
A.-
Provide TASC occess 'to the products during the specified periods of coverage to perform maintenance.
B.
Provi.2e reasonable working ~ space and facilities, within a reasonoble distance from the products, for use by TASC.
C.-
Provide access to and use of all maintenance information and facilities determined necessary by TASC to maintain the products; (insofar os these items may contain proprietary or classified informo-tion, the Customer shall assume full responsibility for safeguarding and protcetion from wrongful use).
D.
Provide routine operator maintenance (if any) as specified in the TASC op~erating and sersice manuals for the products.
E.
Provide,.as requirr;d, operating supplies, and consumables such as paper, disc packs. magnetic tapes, ribbons, cards, format tapes, etc.
I Relocation of Products A.
The Cus#omer shall give TASC sixty (60) days prior written notice on
.S ony product relocation.
B.
Products moved to a location within the Continental United States shall continue to be serviced under this Agreement. In the event the location is greater than 50 miles from the _ nearest TASC office designated to maintain sucl. products, the monthly charges shall be adjusted accordingly.
C.
Products moved outside the Continental United States shall continue
- j to be serviced under this Agreement of the option of TASC. The service to be provided and charges for su h service shall be subject to j
mutu,al agreement between the Custome and TASC.
D.
TASC shall, at Customer's expense, supervise the dismantling and packing of the products, and shall inspect the products at the new
' ~
location. The Customer shall furnish all labor and materials for the dismontling, packing and placement of the products in the new
[
location.
i E.
The Customer shall be responsible for any loss or domoge to the products due to relocation.
~
. TERA CORPORATION
t,f Y
- 3...
o y
Choroes A.
The: monthly. charges specified cre.those currently in effect. These charges. ore subject to change by TASC upon each renewal of this Agreement.
- B.
Charges for'se vices performed outside the specified periods of
' coverage and for. service not covered by this Agreernent will be invoiced separately at TASC's published rates.
'C.
Unless otherwise stated,' all charges are exclusive of federal, state, or local taxes now or hereaf ter enacted, which apply to cho ges, the
. Agreement, the services rendered, or the parts supplied. Such taxes, when opplicable, will appear as separate additional items on the
-TASC invoice.
invoicing invoicing for the monthly charges will be as indicated in Appendix A.
Invoicing for other charges will be made os incurred.
1
]
Modification i
TASC moy, at its option, subject to Customer opproval (which shall not be
' unreasonably withheld), and be subject to the terms Customers, make modifico-tions which improve' the operation and/or reliability of the products.
Additions / Deletions The Customer may odd or delete TASC products to this Agreement at any time. Any such addition shall be subject to the terms and conditions stated herein. The monthly charge shall be adjusted accordingly.
Appendices The Apperidices below shall be attached and are hereby made o part of this Agreement.
APPENDlX A SPECIFICATIONS APPENDIX B HARDWARE PRODUCT LIST TERA CORPORATION
1 l
l
_ General A.
Neither par 17 shall sign this Agreement without prior written consent of both parties.
Warranty provided hereunder shall be limited to the correction of any B.
_ defactive mainten,ce service 'by_ restoring the products to good operating conditio and shall not include any incidental or consequen--
tiol domoges.
C.
Neither party shall be liable, one to the other, for any indirect or consequential loss or o'amage crising out of, or in connection with, the Maintenance Agreement.
D.
This Agreement and attached Appendices represent the entire under-standing of the parties. The terms and conditions of this Agreement and attached Appendices supersede all other terms and conditions contained on any acknowledgment form,' order, or other document issued by either the Customer 'or TERA Advanced Services Corpora--
tion.
Accepted by:
.TASC Customer By:
)
(Title)
(Title) 1 l
r Date:
Date:
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TERA CORPORATION I
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APPENDIX A-
'.E 1 1
Maintenance Agreement No.: -
~
2.
Agreement Commencement Date:
d.
Purchase Order No:
4.
Bill to:
Person /
Title:
Compc iy: U.S. Nuclear Regulatory CommissioT Addre,:
City: -,.oshington, State: D.C.
Zip: 20555
'S.
ve nent Location: NRC Document Control System a
Address:
(Locu, ions as of June 2,1981)
City:
State:
Zip:
6.
Key Maintenance
Contact:
Name:
Don Worthington Telephone:
(301) 492-8600 Ex+ension(s): X28607 X28608 7
Periods of Coverage:
Monday thru Friday From: 8:00 a.m. to 5:00 p.m.
Saturday From:
N.A.
to N.A.
Sunday From:
N.A.
to N.A.
]
8.
Response time, in shif t hours:
8 hotirs 9.
Extended Coverage:
Standby Yes/No No Of f-hour Preventative Mointenance Yes/No No-10.
Total Monthly Maintenance Charge will be invoiced on o
( * ) monthly
( ) quarterly
( ) annual basis Accepted by:
TASC-Customer By: ~
(Title)
(Title)
Date:
Date:
TERA CORPORATION
~-
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- l MAINTENANCE APPENDIX B MAINT. RATES OTY DESCRIPTION PER/MO.
PER/YR.
SYSTEM MAINTENANCE WITHOUT BASE SYSTEM VIDEO WITHOUT ORDERED CAROUSELS A System SI,957
$ 23,484 B System I,957 23,484 C System I,617 19,404 D System I,536 18,432 Terminals and Communication 3,126 37.512 TOTAL
$10.193
$122,316 TERA CORPORATION