ML20010H015
| ML20010H015 | |
| Person / Time | |
|---|---|
| Issue date: | 09/04/1981 |
| From: | Mattia M, Rogers V NRC OFFICE OF ADMINISTRATION (ADM), ROGERS & ASSOCIATES ENGINEERING CORP. |
| To: | |
| Shared Package | |
| ML20010H014 | List: |
| References | |
| CON-FIN-B-7352-1, CON-NRC-02-81-067, CON-NRC-2-81-67 NUDOCS 8109230002 | |
| Download: ML20010H015 (12) | |
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-Washington..DC 20555 3 CON 18AC100 CODE l l
FACILITY CODE l
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Rogers and Associates Engineering Corp.
,78"",.'.s",..
P.O. Box 330 Net 30 Day.(
..s rir e<3 ATTN:
Dr. Vernon Rogers L_
Salt Lake City, Utah
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PAYMENT WILL SE MADE sy CODE l U.S. Nuclear Regulatory Commission ll.S. Nuclear Regulatory Commission ATTN:
Kathleen Hamill, NMSS Office of the Controller W:shington, DC 20555 Washington, DC 20555 m c.ocuu-Nr was [] aovnnsio g Nicon.no.,u.su.ui no, g to u.s c. 22o. c.x :
i3 di u e.2s ed 0 11 ACCOUNiiNG.No.Fractei.fiON o.l.
B-7352-1 50-19-03-03 AMOUNT OBLIGATED BY THIS ACTION: $ 8,696.80 is i r.
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Generic Environmental Impact Statement (GEIS)
Briefing Support Fully Funded Time and Material:. Contract zi.
Ceiling Amount totAt Auoust or ContxAct s 8,696.80 CONTRACTING OFFICER si'lLL COA 1PLETE BLOCL' 22 OR 26 AS APPL 1 CABLE
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2,. o.n sic Vern C. Rogers President 8/25/81 Mary Jo Mattia SEP 0 4133; m3 'B109230002 810904 PDR CONTR
.NRC-02-81-067 PDR
4 Page 2 of 12 TABLE OF CONTENTS Article I
- Work Requirements ;-
- Article II
- Level of Effort and Period of Perfo mance Article III
- Reporting Requirements Article IV-
- Meetings and Travel Article V
- NRC Furnished Materials Article VI
- Consideration Article.VII
- Overtime Article VIII - Estimated Cost and Obligation Article IX
- Payments Article X
- Key Personnel Article XI
- Technical Direction Article XII
- Inspection and Acceptance Article XIII - Billing Instructions Article XIV - General Provisions for Fixed Price Supply Contracts l
General Provisions - Fixed Price Supply Contracts i
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Page 3 of 12 ARTICLE I - WORK REQUIREMENTS Task 1:,
The contractor shall furnish a final draft report incorporating NRC comments fron review of the preliminary draft report
.(which was submitted by the contractor as a final deliverable under NRC purchase order DR-81-1255), and recommendations resulting from the filing of the New Mexico Brief to be held August 1,1981.
Task 2:
The Contractor shall develop anticipated questions and factual answers pertaining to technical bases for uranium mill regulations, radon alteration by earthen materials, assessment of natural variability of radium in soil, earthen covers, radon differsion and issues associatc. with the application and stability of tailings impoundment covers for use by NRC in the preparation of testimony before the 10th District Court in Denver, Colorado in response to the American Mixing Congress.
Option to Extend Period of Performance This contract shall be extended, at the option of the Govconment, by the Centracting Officer.
The total duration of this contract, including the exercise of the option stated herein shall not exceed 22 weeks.
Should the Government exercise said option, all contractual terms and conditions shall apply during the option period.
At the conclusion of the testimony presented in task 2, the 10th District C:urt may pose questions to the NRC concerning aspects within the realm of the contractor's expertise.
Upon notification from the court, a determination shall be made as to whether the Government shall exercise the option of performance of. task 3 below.
If the option is deemed beneficial, the contractor shall be requested to provide a cost proposal within seven (7) days after notification from the Government.
The centractor shall not i..itiate any work on task 3 until receipt of appropriate m:dification from the NRC Contracting Officer.
Said contract modification shall be issued, if exercised, within fourteen (14) days after notification from the court.
Task 3:
In the event questions are raised by the court as a result of the rebuttal, the contractor shall prepare responses thereto as required.
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Page 4 of 12 ARTICLE II - LEVEL OF EFFORT AND PERIOD OF PERFORMANCE Performance under the contract sh'all commence on the effective date of the contract and shall continue through two -(2) months thereafter for the basic effort.
It is estimated that the level of effort for performance of services hereunder is 140 man hours.
If the option to perform additional effort is exercised, the period of performance shall be from date of award through five (5) months thereafter.
L ARTICLE III - REPORTING REQUIREMENTS Task 1 Deliverable. Within 24 days after the effective date of the contract, the contractor shall submit a final draft report with distribution as i
follows:
l-l Project Officer -
One (1.) copy NRC Contracting Officer - one (1) copy h+
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Paga 5 of 12 tTICLE IV - HEE. TINGS AND TRAVEL The contractor may be required to atterd the following meetings:
1)
During the performance of ' task 2, _ the contractor shall be required to make two trips to Bethesda, Maryland to attend meetings with the Project Officer and other NRC staff to discuss issues pertaining to the preparation of the testimony.
- 2) The contractor may be required to make one trip to Bethesda, Maryland to discuss any questions which have been raised by the court.
DICLE V -
GOVERNMENT FURNISHED PROPERTY The contractor shall be.provided with the portions of the brief pertaining to his area of expertise which is to be used in the accomplishment cf subject contract.
BICLE VI - CONSIDERATION In full consideration of satisfactory performance of services as required hareunder, the Nuclear Regulatory Commission shall pay the contractor the following rates:
Category Hourly Rate Chief Scientist / Engineer
$57.84 S:nior Scientist / Engineer 40.92 Scientist /Enginear 32.14 Clerical 14.00 The above referenced fixed rates include a base hourly rate, a labor overhead rate of 100%, and a 12% profit,
$ Projected schedule assumes the option for Task 3 is exercised by the NRC Contracting Officer.
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Page 6 of 12.
1 The total Direct: Labor costs.for which the contractor may be reimbursed I
shall. not exceed. $8,696.80.- The total ceiling hours established herein are 140: man-hours, unless otherwise modified by the Contracting Officer.
~B..
The, costs.for Periods 1of Travel as directed by the Contracting Officer.
or the Project Officer shall not exceed $1,840.00 without prior approval of.the Contracting Officer.
LThe contractor'shall be reimbursed for the following reasonable domestic Ttravel costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer:
1.
'Per diem shall be reimbursed at a daily rate not to ' exceed $75.00 for travel to Bethesda, Maryland.
2.
The ~ cost of travel by privately owned automobile and/or airplane shall be reimbursed at the rate of 22.St par mile.,
3.
'The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.
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4.
All common carrier travel reimbursable hereunder shail be via economy class rates when available.
If not available, reimbursement
- vouchers
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will be annotated that economy class, accommodations were not available.
First-class air travel is not authorized.
- 5. -
Receipts are required for common carrier transportation, lodging and. miscellaneous items in excess of $15.00.
1C.
' The total ceiling amount to be paid and above which the contractor shall
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not exceed is $8.696.80.
l Article.VII - Overtime t
.No overtime or double time will be used on the work withoutprior written p
approval of the Contracting Officer.
Article VIII - Estimated Cost and Obligation 2
L l.
The presently estimated cost of the work under this contract is
$8,696.80.
J 2.
The amount presently obligated by the Government with respect to this contract is.$8,696.80.
Page 7 of 12
' Article IX - Payments
' Payment. shall be made in accordance with Clause 7 of the General Provisions entitled, " Payments" and as follows ipon the submission of properly certified invoices or vouchers approved by the Contracting Officer:
A.
Time Rate 1.
The amounts shall be computed by applying the appropriate time rate or rates set forth herein to the number of direct labor hours of work performed.
Fractional parts of an hour shall be payable on a prorated basis.
2.
Invoices shall be prepared in sufficient detail to show the number of hours of work performed for each re,quirement set forth in Article I.
B.
Payments by the. Commission based on the foregoing provisions of this contract will be made as promptly as is reasonably practicabie after submission to the Contracting Officer of vouchers and such
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other supporting documents or evidence as the Contracting Officer nay require.
Said payments shall be tentative and subject to subsequent audit and adjustment to assure that payment is properly effected in accordance with the provisions of this contract and the cost principles in FPR l-15.
The contractor shall substantiate vouchers by evidence of actual payment or such other substantiation approved by the Contracting Officer.
At any time or time prior to final payment under this contract, the Contracting Officer. may call for an audit of the invoices or vouchers and substantiating material as shall be deemed necessary.
Each payment therefore made shall be subject to reduction to the extent of amounts which are found by the Contracting Officer not to have been properly payable, and shall also be subject to reduction for overpayments, or to increase for underpayments, on preceding invoices or vouchers.
The contractor shall be paid in accordance with the amounts computed by applying the appropriate time rate or rates set forth in Article VI -
Consideration to the number of direct labor hours of work performed.
Fractional parts of an hour shall be payable on a prorated basis.
Payments will normally be made monthly, but may be varied by the Contracting Officer if conditions so warrant.
Invoices shall be prepared in sufficient detail to show the number of hours of work performed for each requirement.
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Prge 8 of 12 C.
Financial Settlement.
Prior to final. payment under this contract, the contractor and each assignee under this contract whose assignment is,in effect at the time o,f final payment under this contract shall e'ecute and deliver:
x (a) An assignment to the Government in form and substance satis-
-factory to the' Contracting Officer of refunds, rebates, credits.
or other amounts.(including any interest thereon) properly allocable to costs for which the contractor has been reimbursed by the Gov'ernment under this contract; and (h)
A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims, arising out of or under this contract, subject to the following exceptions:
1.
Specified claims in stated amounts or in estimated amounts i
where the amaunts are not susceptible of exact statement by the contractor; i
2.
Claims', together with reasonable expenses incidental i
hereto, based upo'n liabilities of the contractor to third parties arising out of performance of this contract:
Provided, that such claims are not known to the contractor on the date of the execution of the release:
And provided
.further,.that the contractor cives notice of such claims in writing to the Contracting Officer not more than six (6) 5 years after the date of the release or the date of any notice to the contractor that the Government is prepared i.
to make final payment, which ever is earlier; and l
3.
Cla irr.s for reimbursecent of costs (other than er.penses of the contractor by reason of any inde. nification of the Govern- ~
ment against patent liability),. including reasonable expenses incidental tharetc.. incurred by the contractor under the pronsions of this contract relating to patents.
The contractor agrees that any refunds, rebates or credits Y
(including interest therecn)' accruing to or received by the contractor, which arise under this centract and for which the I
j contractor has received reicbursement, shall be paid by the contractor to the Cormission.
The contractor shell execute L
and deliver, at the time of anrf as a condition precedent to t
final pay.T.ent under this contract, an assigr. ment to the Co. mission of any such refunds, rabates or credits (including
-.q any interest thereon) in form and substance satisfactory to the Cor.wission.
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Page 9 of 12 4.
Cost In forma tion.
The ' contractor shall maintain current cost Information adequate to reflect.the cost cf perfor:r.inc work under this contract at all times while the worr. is in progress, and sha11 prepare and furnish
- to the Govern =ent such written estimates ~of cost and information in support thereof as the l
Contrecting 0(iicer may request.
5.
Records.
The contractor sha11 Lecp and maintain records and books of account which shcw accurate 1y, and in an ade;vate manner, the basis for receiving compensation under this con-L.ra c t.
The cont.ractor sha11 preserve said records and boo'.s t
of account for a period of three.(3) years after the date of final payment under this contract.
The Co. mission shall at al,1 reasonable times, prior to and after the date of final pay;r.ent under this contract, have the right to examine and make copies of such records and hooks.
ARTICLE X
- PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION A.
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, records or other infomation, documents ind material furnished by the Comission to the contractor in the performance of this contract, or infomation developed by the contractor in the course of the work hereunder, shall be used only in connection with the work performed under this contract.
The contractor shall, upon completion or temination of this contract, transmit to the Comission all records or other infomation, documents and material, and any copies thereof, furnished by the Comission to the contractor or developed by the contractor in the perfomance of this contract.
8.
The contractor shall be responsible for safeguarding from unauthorized dis-closure any information or other documents and material exempt. from public disclosure by the Comission's regulations and made ayailable to the con-tractor in connection with the performance of work under this contract.
The contractor agrees to confom to all regulations, requirements, and directions of the Comission with respect to such material.
C.
The contractor's duties under this clause shal'1 not be construed to limit or affect in any way the contractor's obligation to confom to all security regulations and requirements of the Comission pertainino to classified infomation and material.
ARTICLE XI
- KEY PERSONNEL g
Pursuant to this ARTICLE (Key Personnel), the following individuals are considered to ba essential to the successful performance of the work hereunder and shall not
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be replaced without the prior approval of the Contracting Officer.
In such event.
th2 contractor agrees to substitute persons possessing substantially equal abilities and qualificat'.ons satisfactory to the Contracting Officer.
Dr. Vernon C. Rogers e
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Page 10 of 12 ARTICLE -XII
- TECHNICAL DIRECTION
.A.
Performance of the work under this contract shall be subject to the tech-nical direction of the NRC Project Officer named in ARTICLE XIII of this contract.
The term " Technical Direction" is defined to include the following:
1.
Technical direction to the contractor waich shifts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the con-tractual scope of work'.
2.
Providing assistance to the contractor in the preparation of drawings.
specifications or technical portions of the work description.
3.
Review and where required by the contract, approval of technical 1-reports, drawings, specifications and technical information to be delivered by the contractor to the Government under the contract.
ARTICLE -XHI - FROJECT OFFICER Kathleen Hamill, is hereby designated as the Contracting Officer's authorized i
representative (hereinafter called Project Officer) for technical aspects of this centract.
The Project Officer is not authorized to approve or request any action i
which results in or could result in an increase in contract cost; or terminate, j
settle any claim or dispute arising under the contract; or issue any unilateral dire-tive whatever_.
a The Project Officer is responsible for:
(1).aonitoring the contractor's technical progress including surveillance and assessment of performance, and recomending i
to the Contracting Officer thanges in requirerrants; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) perfor:ning technical inspections and acceptar.ces required by this contract; and (5) assisting the contractor in the resolution of technical problems encountered during performance.
Witi:in the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by contractors and submit reenmendations for approval, disapproval, or suspension for rupplies, services required under the contract.
The Contracting Officer is responsible for directing or negotiating i
any changes in terms; conditions, or amounts cited in the contract.
For guidance from the Project Officer to tr. contractor to be valid, it must:
(1) be consistent with the description of work set forth in the contract; (2) not '
e-constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for
' an extension ' to the period of performance or contract delivery schedule; and.
l-stated above. (4) not constitute a basis for any increase in the contract cost.
, as 4
Pai,e 11 of 12
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- Article XIV - Inspection and Acceptance Acceptance of the services and reports to be delivered herein will be
'made by the Project Officer.
Article XV l-Billing Instructions A.
Form.
Invoices shall be sub$itted in an original and four (4) copies on l
the Contractor's lef.terhead, invoice, or on the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other Than Personal" and Continuation Form 1035.
These forms are available from the U.S.
Governcent Printing Office, 710 North Capitol Street, N.W., Washington, DC 20S01.
B.
Destination.
Invoices shall be submitted in the form and number pre-scribad above in Paragraph A to the following address:
U.S. Nuclear P.egulatory Co.dission Division of Accounting; Of fice of the Controller Attn:
GOV /COM Accounts Section Ueshington, DC 20555 f
C.
Frequency.
The contractor shall submit an invoice once each month,
'unless otherwise determined hv the Contractinq Officer.
i D.
Content 1.
Name and address to which payment is to be sent 2.
Voucher #
4 3
Date of Voucher 4.
Contract number and date 5.
Description of articles or services, labor categories, applicable hourly ra tes, other costs incurred.
Detail hours worked by labor category, total amount for each labor category, and total amount of voucher.
6.
Indicate period covered by invoice.
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d Pag? 12 of 12
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Article Xyl-General Provisions for Fixed Price Supply Contracts (Revised 7/30/80)
A.
The contract shall be subject to the Fixed Price Supply Contract General Provisions, dated June 30, 1980, attached hereto,t ich incorporates the Standard Form 32 (Rev. 4-75 General Provisions, June 1976).
FPR changes and NRC additions to Standard Form 32 General Provisions is further nodified as (bliows:
1.
Clause No. 33 entitled, " Preference for U.S. Flag Air Carriers" is deleted in its entirety.
2.
Clause No. 41 entitled, " Publication and Publicity is deleted in its entirety.
3.
The clause entitled, " Audit," attached hereto and forming a part hereof, is added as Clause No. 47.
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