ML20010H681
| ML20010H681 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1981 |
| From: | Findley D, Mattia M NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE APPLICATIONS INTERNATIONAL CORP. (FORMERLY |
| To: | |
| Shared Package | |
| ML20010H680 | List: |
| References | |
| CON-FIN-B-7315-1, CON-NRC-02-81-040, CON-NRC-2-81-40 NUDOCS 8109290101 | |
| Download: ML20010H681 (21) | |
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It PAYMENT WILL 8E MADE ty cooEl U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Division of Safeguards Office of the Controller ATTN:
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TABLE OF CONTENTS This Contract consists of:
1.
Standard Form ?6 2.
Table of Contents 3.
Schedule Article I Statement of Work
)
Article II Period of Performance Article III Consideration and Payment Article IV Overhead / General and Administrative Rates Article Y Allowable Cost Article VI NRC Furnished Material Article VII Private Use and Protection of Unclassified Government Information Article VIII Classification Article IX Disclaimer Article X Security Requirenrents Associated With Subcontracting Arrangements Article XI Key Per:onnel Article XII Technical Direction Article XIII Project Officer Article XIV Travel Reimbursement Article XV Quality Assurance Article XVI Order of Precedence Article XVII General Provisions / Alterations 4.
Appendix A - General Provisions 5.
Security / Classification Requirements (NRC Form 187) 6.
Billing Instructions for NRC Cost-Type Contracts 7.
Manual Chapter Appendix NRC-3202 W
l SCHEDULE Article I - STATEMENT OF WORK A.
Background
RFP No. RS-NMS-79-043 solicited offers for the first phase of a three phase project.
As proposed in the solicitation, the procurement result-ed in multiple awards.
The contractors, Science Applications, Inc. and NUSAC, Inc., perforined Phase I successfully and both contractors submit-ted proposals for the proposed Phases II and III.
Phase I consisted of exploring the feasibility, cost, and benefits of extension of process monitoring techniques in order to develop a proposed concept to achieve better timeliness and sensitivity from material control indicators.
Phase II has been redirected to the design of a process monitoring system that would meet specific performance criteria at NFS, Erwin, and to independent dete.-Aation of cost and feasibility.
NRC has elected not to pursue Phase Ill.
3.
Work Required - Phase II, System Design Task 1.
Based on the work performed in the concept definition phase, the con-tractor shall design a system for the control of all in-process SSNM undergoing processing
- at Nuclear Fuel Services, Erwin.
This system shall be designed to meet a set of prompt accountability design require-ments to be furnished by the NRC Project Officer. This task shall include:
a.
Analyses that demonstrate that the system design meets the perfor-ance criteria of the design requirements, including timeliness of degtection and response, probability of loss detection, localization criteria, and cost consideration.
(Deviations from the design requirements furnished by the NRC shall be made only with the permission of the NRC Project Officer.)
Task 2.
The contractor shall develop work rules and perform an analysis that j
shows that the work rules satisfy collusion and falsification protection l
requirements of the design requirements. The contractor shall estimate the operational cost impact of the system.
Task 3.
The contractor shall prepare a final report that describes the system, how l
it would be inst'alled, how it would be operated, its benefits, and its cost impacts.
For the purpose of this report, text and illustrations shall be prepared that describe the system and its operation in a descrip-tive and summary style.
This shall preferably be unclassified.
Any classified sections shall be bound as a separate annex.
l D" undergoing processing" means the same as defined in 10 CFR 73.2(11) and used in 1D CFR 73.46(c)(5).
C.
' Reporting Requirements 1.
Monthly Progress Report Each month the contractor shal? submit a brief progress report in letter format containing the following information:
(1) a comprehensive discussion of the work performed during the previous month as each task progresses.
The discussion shall include comments about progress, problems encountered, and other pertinent technical, management, or administrative 1 ~ormation.
(2) personnel time expenditures during the previous month, including time expenditures of each key person.
(3) costs:
(i) current period, (ii) cumulative to date, and (iii) cost projection by month to completion of the work effort.
(The first monthly report shall p ovide the initial cost projection and subse-quent reportr. shall either provide revised projections or, indicate "no change in the cost projection.") The contractor shal' identify and explain the reason for any significant variances bet.
Actual costs for the progress reported and the originally budgeted costs for the same work, actual and planned schedule for the progress reported, actual and planned technical performance.
The report shall be due by the 15th of each month with distribution as follows:
Project Officer (2 cy)
Office of the Director, NdSS (ATTN:
Program Support) (1 cy)
Contracting Officer (1 cy) 2.
Letter Reports Within 10 days after the Contractor has met with Project Officer he shall submit a letter report to the NRC Project Officer, documenting the topics discussed.
3.
Final Report Vithin five months of the start of Phase II, the contractor shall provide to the PO ten copies each of a com'ilete draft of the final report.
Thi PO will furnish co rentt on the draft to the contractor within thirty da.rs after receipt of tne draft.
Bar,ed ca these comments the contractor shall revise the draft and submit a final report in ten copies to the PD and one copy to the Contracting Officer not later than seven menths after the start of Phase II.
t The report shall be in the format specified in NRC Manual Appendix 3202 for
" formal Contractor Documents."
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Meetings The contractor shall be required to visit the Silver Spring, Maryland, offices of the NRC to meet formally with NRC personnel as follows:
meeting with the PO to present and discuss the first monthly progress a.
report (results of contractor effort for the first month of Phase II) and to present and discuss outlines and tables of contents for each deliverable document; b.
two meetings with the PO to discuss the status and results of the contractor s work; prior to the completion of each task.
briefing to NRC headquarters staff summarizing the results of the c.
contractor's work at the end of Phase II.
The contractor shall also visit NFS Erwin as follows:
Initial meeting to obtain and update, as necessary, any additional a.
facility data required to complete the system design (additional visits may be required.)
b.
briefing summarizing the results of the contractor's work at the end of Phase II.
E.
Contractors Proposal The effort specified in Article I, Paragraphs I through III shall be performed in accordance with the Contractor's Technical Proposal Number SAI-1-015-71-820-00 dated February 25, 1981, and the supplements dated April 13,1981 and July 31, 1981, which are incorporated into and made a part of this contract as though fully set forta herein.
ARTICLE II - PERIOD OF PERFORMANCE A.
Performance under this contract shall commence on September 30, 1981 and shall continue until April 30,1982
, at which time all reports shall have been submitted and all work under the contract shall have been completed.
AR.'IC1.E III - CONSIDERATION AND PAYMENT (Incrementally Funded CPFF)
A.
Estimated Cost, Fixed Fee and Oblication 1.
It is estimated that the total cost to the Government for full perfom-ance of this contract will be $ 224,765.00
$206,206.00
, of which the sum of which $ 18,559.00 represents the estimated reimbursable costs, and of represents the fixed fee.
2.
There shall be no adjustment in the amount of the contractor's fixed fee by reason of differences between any estimate of cost for perfomance of the work under this contract and the actual cost perfomance of that work.
3.
The amount presently obli 5132,000.00. gated by the Government with respect to this contract is B.
Payment i
The Government shall render payment to the contractor in appr[ximately thirty (30) days after submission of proper and correct invoices or vouchers.
Invoices shall be submitted in accordance with the " Billing Instructions for NRC Cost-Type Contracts attached hereto and incorporated as a part of subject contract.
Additional provisions relating to payment are contained in Clause 5.1-1 of the General Provisions hereto.
ARTICLE IV - OVERitEAD/ GENERAL AND ADf11HISTRATIVE RATES A.
Pending the establishment of final overhead rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of 83.64 percent of direct costs excluding subcontracted items.
B.
Pending the establishment of final fringe benefit rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of 39.29 percent of direct labor.
C.
Pending the establishment of final material overhead rates which shall be negot%ted based on audit of actual costs, the contractor shall be reimtursed for allowable indirect costs hereunder at the provisional rate of 2.5 percent of subcontracted items.
D.
Pending the establishment of final geaeral and administrative rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate ofl2.53 percent of direct costs excluding subcontracted items.
E.
Notwithstanding A.,
B., C. and D, of this Article, said provisional overhead and G&A rates may be adjusted as appropriate during the term of the contract upon the acceptance of such revised rates by the Contracting Officer.
ARTICLE V - ALLOWABLE COST Allowable cost for the Contractor's services under this contract shall be determined in accordance with General Provision No. 5.3, " Allowable Cost, Fixed-Fee and Payment".
A.
Prior Authorization of Certain Direct Costs Prior authorization in writing by the Contracting Officer is required for the following costs:
1.
Consultant Fees - Exception:
The contractor is hereby authorized to utilize Mr. John Jaech, Exxon Nuclear Corporation, at a rate of $300 a ' day.
It is estimated that Mr. Jaech's services shall not exceed a total of f$1,500.00.
2.
Overtime, shift or incentive payments.
3 All travel outside the United States.
4.
Rental agreements, service contracts, or maintenance of
~
Government equipment.
B.
Subcontractor Cost The contractor is hereby authorized to enter into a subcontract with Nuclear Fuel Services, Erwin, Tennessee, for services on a time and material basis in the estimated amount of $5,000 for Phase iia. The subcontract will include Articles of this contract and applicable NRC General Provisions. A copy of the subcontract shall l
be submitted to the Contracting Officer upon execution.
ARTICLE VI - NRC FURNISHED MATERIAL The NRC Project Officer may provide a copy of the design requirements to be utili~ed in this contract within ten (10) days after execution of this contract. These design requirements may be revised by the NRC Project Officer during the term of the contract and the revised copy shall be provided to the contractor if appropriate.
If the above materials, suitable for its intended use, is not so delivered l
to the contractor, the Contracting Officer shall, upon timely written request made by the contractor, and if the facts warrant such action, equitably adjust any affected provision of the contract pursuant to the procedures of the " Changes" clause of the contract.
ARTICLE VII - ERIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION A.
Except as spe-ifically authorized by this contract, or as otherwise appioved 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 material exempt from public disclosure by the Commission's regulations ~and made available to the contractor in connectioh with the performance of the work under this contra.:t. The contractor agrees to conform to all regulations, requirements, and direction of the Comission wi'h respect to such material.
C.
The contractor's duties under this clause shall not be construed
?.o limit or affect in any way the contractor's obligation to
(.onform to all security regulations and requirements of the C)mmission pertaining to classified infomation and material.
ARTICLE VIII - CLASSIFICATION In the performance of the work under this contract, the contractor shall assign classifications to all documents, material, and equipment originated or generated by the contractor in accordance with classification guidance furnished to the contractor by the Commission.
Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, or equipment, shall include a provision to the effect that in the performance of such subcontract or purchase order, the subcontractor or supplier shall assign classifications to all such documents, material, and equipment in accordance with classification guidance furnished to such subcontractor or supplier by the contractor.
The contractor agrees to conform to all security regulations and requirements of the Commission. Therefore, NRC Form 187 and NRC Classification Guide for safeguards information are attached hereto and made a part of subject contract.
ARTICLE IX - DISCLAIMER The following notice shall be added to any report prepared under the provisions of this contract:
"This reporL was prepared as an account of work sponsored by an agency of the United States Government.
Neither 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 information, apparatus, product or process disclosed in this report, or represents that its use by such third party would not infringe privately owned rights."
ARTICLE X - SECURITY REQUIREMENTS ASSOCIATED WITH SUBCONTRACTING ARRANGEMENTS Prime contractors who desire to have subcontractors perform work associated with contracts that involve classified material must obtain prior written approval from the NRC Division of Contracts and Division of Security before allowing subcontractors to have access to classified material.
Furthermore, the prime contractor shall be responsible for all facets of security administration during the life of the contract and shall be the only authorized conduit for this information.
ARTICLE XI - KEY PERSONNEL Pursuant to this ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of the work hereunder and shall not be replaced without the prior approval of the Contracting Officer.
In such event, the contractor agrees to subs'titute persons possessing substantially equal abilities and qualifications satisfactory to the Contracting Officer.
Dr. J. Glancy (Principal Investigator) Dr. J.F. Wimpey Dr. T. McDaniel Mr. S. Donelson fir. W. Horton t
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ARTICLE XII._ TECHNICAL DIRECTION A.
Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer named in Article VIII of this contract. The term " Technical Direction" is defined to include the following:
1.
Technical direction to the contractor which 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 contractual scope of work.
2.
Providing assistance to the Contractor in the preparation of drawings, specifications or technical portions of the work i
description.
3.
Review and where reautred by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.
B.
Technical direction must be within the general scope of work stated in the contract.
The Project Officer does not have the authority to and may not issue any technical direction which:
1.
Constitutes an assignment of additional work outside the general scope of the contract.
2.
Constitutes a change as defined in the clause of the General Provisions, entitled " Changes."
3.
In any way causes an increase or decrease i.1 the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
4.
Changes any of the expressed terms, conditions or specifications of l
the contract.
C.
ALL TECHNICAL DI'RECTIONS SHALL BE ISSUED ~ IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE. A copy of said written direction shall be submitted to the Contracting Officer.
1 The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article.
If, in the opinion of the Contractor, any knstruction or direction issued by the Project Officer is within one of the categories as defined in B(1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any su'ch instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article.and does not constitute a change under the Changes Clause of the contract.
D.
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 funds for unallowable c,osts under the contract.
E.
A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled " Disputes".
9
ARTICLE XIII PROJECT OFFICER RESPONSIBILITIES Barry Mendelsohn is hereby designated as the Contracting Officer's authorized repres,entative (hereinafter called Project Officer) for technical aspects of this contract.
The Project Officer is not authorized to approve or request any action which results in or could result in an incresse in contract cost; or terminate, settle any claim or dispute arising under the contract; or issue any unilateral directive whatever.
The Project Officer is responsible for:
(1) Monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contrccting 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 preview of this authority, the representative is authorized to approve payment vouchers for supplies / services required under the contract.
The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.
For guidance from the Project Officer to the Col.2ractor to be valid, it must:
(1) be consistent with the description of work set forth in this contract; (2) not 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; (4) not constitute a basis for any increase in the contract price.
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ARTICLE XIV-TRAVEL REIMBURSEMENT The contr6r. tor will be reimbursed for the following reasonable domestic travel costs incurred directly and spLcifically 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 in the Washington Metropolitan Ar.a and $50.00 in Erwin, TE.
The per diem amount is comprised of lodging expense plus $22.00 for meals and miscelli:neous expense.
2.
The cost of travel by rented automobile shal; be reimbursed on a reasonable actual expense basis.
3.
All common carrier travel reimbursable hereunder shall be via economy class rates when available.
If not available, reimbursement vouchers will be annotated that economy class accommodations-were not available.
First-class air travtl is not authorized.
4.
Receipts are required for common carrier transportation, lodging and miscellaneous items in excess of $15.00.
ARTICLE XV - QUALITY ASSURANCE 1.
For all draft'and final technical reports delivered under this contract, the contractor shall assure that an independent review and verification of all numerir.al computations and mathematical equations and derivations are performed ay qualified contractor personnel other than the original auW,r(s) of the reports.
If the contractor proposes to verify / check less than 100 percent of all com and derivations in the report (s)putations and mathematical equations
, (such as might be the case when there are a large number of routine, repetitive calculations), the contractor must first obtain written approval from the NRC Project Officer.
Computer-generated calev1ations will not require verification where the computer program has already been verified.
2.
In adnition, for all reports, including those which do not contain numerical analyses, a management review shall be conducted at a level above the contractor's Project Manager prior' to submission to the NRC.
3.
All reports shall be annotated to indicate that the review and verification has been accomplished prior to their submission to the NRC.
(This may be accomplished by use of a cover letter accompanying the report if preferable.)
ARTICLE XVI -OM R OF PRECEDENCE 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 inco.porated by reference or otherwise.
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4.
ARTICLE XVII. - GEhu.tAL PROVISIONS / ALTERATION $
This contract is subject to the attached provisions of Appendix A, General Provisions, entitled " Cost Type Research and Developmer.t Contracts With Commercial Organizations," dated 11/80.
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ADDITIONS:
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3.13-UTILIZATION OF WOMEN-0WNED BUSINESS CONCERNS (Over $10,000)
(a)
It is the policy of the United States Government that 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
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contract, a " woman-owned business" concern means a business that is at lease 51% owned by a woman or women who also control and ope. ate it.
" Control" in this context means exercising the power to make policy decisions.
" Operate" in this context means being actively i
involved in the day-to-day management.
" Women" mean all women business ownera.
Price Reduction for Defective Cost or Pricing Data (1-3.814-1(a))
5.8 If any price, inclui!ing profit or fee,' negotiated in connection with this contract or any cost reimbursable under this contract was increased by any signf-1 ficant sums because:
(a) The Contractor furnished cost or pricing data which was not accurate, complete and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; (b) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Data--Price Adjustments" or any subcontract clause therein required, furnished cost or pricino data which was not accurate, complete and current as certified in the subcontractor's,
Certificate of Current Cost or Pricing Dath; (c) A subcontractor or prospective suacontractor furnished cost or pricing data which was required to be accurate, comp ete and current and to be submitted to l
support a subcontract cost estimate furnished by the Contractor but which was not accurate, complete and current as of the date certified in the Contractor's Certificate of Current Cost or Pricing Data; or l
t (d) The Contractor or a subcontractor or prospective subcontrcctor furnished any data, not within (a), (b) or (c) above, which was not accurate as submitted:
l the price or cost shall be reduced according1v and the contract shall be modified l
However, any reduction in writing as may be necessary to reflect sucIi reduction.
in the contract price due to defective subcontract dat= (4 a prosoective subcon-tractor when the subcontract was not subsequently awarded to such subcontractor, will be limited to the amount (olus apolicable overhead and profit markup) by which the actual subcontract or actual cost' to the Contractar if there was no subcontract, was less than the prospective sLbcontract cost estimate submitted by the Contractor:
Provided, The actual subcontract price was not affected by defective cost or pricing data.
(;lote: Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, it is expected that the Contractor may wish to include a clause in each such subcontract requiring the subcor. tractor to appropriately indemnify It is also expected that any subcontractor subject to such the inntractor.
indemaification will cenerally recuire substantially similar inoimnification for t
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- ective c:st or cricino data reduired to ice suh.itted by his icw tier subcontrac ors.
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L.*S Trice T. eduction for Dciettive Cat or Te icing ht:
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( 3 ~>.bi4-i(b))
Jir;ceticn (a) Tnis cicure shall become o arative -only with respect to 4.ny t.;:
of this contract which involves aggregate increases and/or cecrcs:es in costs plus applicable profits in excess of 5100,000 unless the todification is priced on the hsis of adequate price' ccmpetition, established catalop or c.arket prices of cc=ercial items sold in substantial quantities to the gc..:.rcl ;;titc, er prices The right to price reduction undar this clause is limited set by law or regulation.
to defects in data relating to such r.adification.
(b) If any price, including profit, or fee, nepotiated in connection with any price adjust:.ent under this contract was increased by any significant sums because:
(1) The Contractor furnished cost or pricing data which was not accurate, complete and current as certified in the Contractor's Certificate of Current Cost or Pricing. Data; A subcontractor, pursuant to the clause of this contrdct entitled (2)
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Data--Price Adjustments" or any subcontract clause therein required, furn Certi'ficate of Current Cost or Pricing Datat (3) A subcontractor or prospective subcontractor furnished cost or pricing data which was required to Le accurate, complete and current and to be submitted to support a subcontract cost estimate furnished by the Contractor but Con-1.hich was not accurate, complete and current as of the date certified in the tractor's Certificate of Current Cost or Pricing Data; or (4) The Contractor or a subcontractor or prospective subcontractor.
furnished any data, not within (1), (2) or (3) above, t.hich was not accurate, as submitted; the price shall be reduced accordingly and the contract shall be nadified However, any reduction in writing as may be necessary to reflect such reduction.
in the contract price due to defective subcontract data of a prospective subcon-tractor, when the subcontract was not subsequently awarded to such subcontractor, v.ill be limited to the amount (plus applicable overhead and profit markup) by which tne actual subcontract, or actual cost to the Contractor if there was no subcontract, was less than the prospective subcontract cost estimate submitted Provided the actual subcontract price was not affected by by the Contra: tor.
defective cost or pricing data.
Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain (Note:
subcontracts, it is expected that the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the It is also expected that any subcontractor subject to such indr.mnifi-cation will cenerally require substantially similar indi.nification for defective Contracter.
cost or pricing data required to be submitted by his icwer tier subcontractors.)
Failure to agree on a reduction shall be a discute concernino a question (c) of fact within the meaning of the " Disputes" clause of this contract.
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(t) The C::: tractor snail resairc,:2::r.tr::::r: Fere W er to submit.
11y :r by rpecific it'antifice. tion in writing, cost or priciriq cata t:.dar :na
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fo11ctring circumstances:
Prior to the award of any subcontract the arount of i.hich is (1) e.rected to exceed 5100',000 when entered into; v
Prior to the pricing of any subcontract modification which involves (2) aggregate increases and/or decreases in costs plus applicable profits expected to except where the price is based on adequate price competition, exceed 5100,000; established catalog or market prices of co=mercial items sold in substantial quantities to the general public, or prices set by law or regulation.
The Contractor shall require subcontractors to certify, in substantially the same form as that used in the certificate by the Prime Contractor to the (b)
Government, that to the.best of their knowledge and belief, the cost and pricing data submitted under (a) above is accurate, complete, and current as. of the date of agreement on the negotiated price of the subcontract or subcontract change or modification.
Tne Contractor shall insert the substance of this clause including this when entered (c)
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paragraph (c) in each subcontract hereunder which exceeds $100,000 into except where the price thereof is based on adequate price competition,
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established catalog or market prices of commercial items sold in substantialIn each su:h quantities to the general public, or prices set by law or reculation.the Contractor shall inse expected subcontract hereunder in excess of $100,000, the substance of the following clause:
SUBCONTRACTOR COST OR PRICING DATA-PRICE ADJUSTENTS Paragraphs (b) and (c) of this clause shall become cparative only with respect to any modification made pursuant to one or more provisions of this contrac (a) licable profits t.hich involves aggregate increases and/or decreases in costs plus appT expected to exceed $100,000.
to such contract modifications.
The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricing data under the (b) following circumstances:
Trior to award of any subcontract, the amount of which is expected (1) to exceed 5100,000 when entered into; Prior to the pricing of any subcontract modification which involves exceed Sl00,000; except where the price is based on ade (2) established catalog or market prices of comercial items sold in substantial quantities to the general public, or prices set by law or regulation.
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L.a::.n.rt:t Cest ed Triting D:te (?-?.FM-3(a)) Cont'd L.30 er.ntractor shall require subcontractors to cartify, in Substantiaily (c) ne C:ntr : tor to the the I:ce form as that used in the cer-iiica.e by the Trir.:
Govern: ant, that to the bast of thEir kn:wledge and belief the cost and pricing data submitted under (b) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract char.ge or modification.
Tne Contractor shall insert the substance of this clause including this paragraph (d) in each subcontract hereunder which exceeds $100,030 when (d) entered into.
- - - -Cost Accounting Standards--f;ondefense Contract (1-3.1204-2(a))
5.11 Ya) Unless the Administrator of General Services has prescribed rulis or regulations exempting the Contractor or this contract from standards, rules, and regulations promulgated by the Cost Accounting Standards Board, the' Contractor, in connection with this contract, shall:
Follow consistently the cost accounting practices established or (1) disclosed as required by regulations of the Cost Accounting Standards Board and If administered under the Administration of Cost Accounting Standards clause.
any change in disclosed practices is made for purposes of any contract or subcontract subject to those disclosure requirements, the change must be applied in a consistent manner to this contract.
Comply with all cost accounting standards which the Ccntractor is (2) required to ccmply-with by reason of concurrent performance of any contract or subcontract subject to the Cost Ac: unting Standards clause (4 CFR 331) and The administered under the Administration of Cost Accountino Standards clause.
Contractor also shall comply with any cost accounting standard which hereafter Such compliance shall be becomes applicable to such a contract or subcontract.
required prospectively from the date of applicability to such contract or Compliance shall continue until the Contractor completes per-subcontract.
formance of work under this contract.
(3)
Agree to an equitable adjustmant (as provided in the Changes clause of this contract, if any) if the contract cost is affected by a change which, pursuant to (2) above, the Contractor is required to make to his estab-lished cost accounting practices whether such practices are covered by a Dis -
closure Statement or not.
Negotiate with the Contracting Officer to determine the tems and (4) conditions under which a chance to either a disclosed cost accounting practice other than a change under (a)(3) or an established cost accountinc practice,A change to a practice may be proposed by above or (a)(6) below, may be made.
either the Governrr.ent or the Contractor, Provided, however, That no agreement miy be made under this provision that will increase costs paid by the United States.
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(5) Acree to an 6cjustraint of the c:,r.tri.t y it:: cr c;t :.it-. :r.:c, es encrooriate, if it or a subcontractor fails to comply with the applicable C:.st Accoun-ing Etandards or to fo11cw any practice disclosed or es aoiisneo
- ursuant to subpsragraph (a){l) or (a)(2) atsve and such failura rcruits in any increased costs paid by the United States.
Such adjestcEnt shall provide for racostry of the ir.cr&asad costs to tha Unitat States tosathar with ir.tarast tnereon corputed at the rate deternined by the Seca 6tary of tha Tra.:ury pur-svant to Pub. L. 92-41 (50 U.S.C. App. 1215(b)(2)), or 7 percent per annum.
whichaver is less, from time the payment by the United States was cade to the 4
time the adjust:ent is effected.
(6) Negotiate an equitable adjustment (as provided in the Changes clause of this contract, if any) when the parties agree to a change to either a disclosed cost accounting practice or an established cost accounting practice.
(b) The Contractor shall permit any authorized representatives of the head of the agency, of the Cost Accounting Standards Board, or of the Comptroller General of the United States to examine and make copies of any documents, papers, or records relating to compliance with the requirements of this clause antil the expiration of 3 years after final payment under this contract or such lesser. time specified in the Federal Procurement Regulacions (FPR) part 1-20.
(c) Unless a subcontract or Subcontractor is exempt under rules or regu-lations prescribed by the administratcr of General Services, the Contractor:
(1) shall include the substance of this clause including this paragraph (c) in all negotiated subcontracts under this contract with subcontractors that are currantly performing a national defense contract or subcontract that contains the clause entitled to Cost Accountirig Standards and that are currently required to ac:eot the clause in applicable national defense awards, and (2) shall inclede the substance of the Consistency of Cost Accountino Practices--Non-dsfense Contract clause set forth in i 1-3.120a-2(b) of the FFR in ne.cotiated The Contractor sub:cntracts under this contract with all other subcontractors.
cay elect to use the substance of the solicitation notice set forth in 51-3.1203-2(b) of the FPR in his detennination of applicability cost accounting standards to subcontracts.
(d) The terms defined in 5 331.20 of Part 331 of Title 4 Code of Federal Regulations, shall have the same meaning herein.
As there defined, " negotiated subcontract" means "any subcontract except a firm fixed-price subcontract made by a contractor or subcontractor after receiving offers from at least two firms not associated with each other or such contractor or subcontractor, providing (1) the solicitation to all competing finns is identical, (2) price is the only consideration in selectino the subcontractor frem among the competing firms solicitied, and (3) the 1 uest offer received in compliance wit.h the solicitation
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frcm among those solicited is accepted."
(e) The administration of this clause by the Government shall be acccm-plished in conjunction with the administration of the Contractor's national defense contracts and subcontracts subject to rules and regulations of the Cost Accounting Standards Board, pursuant to the Adninistration of Cost Accounting Standards clause.
For the purposes of the Administration of Cost Accounting Standards clause contained in this contract, references to the Cost Accounting Standards clause shall be deemed to inc1>de this Cost Accounting Standards--
'bndefense Contract clause and referance to the Disclosure and Ccasistency of Cost Ac cuntine Fractices clause shall be dstred to include the Consistency of "n- ;:::.:,.f.i 7: t :ti:Es-- D.:i%:st.: -
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i,. H Ac...is.is a i.u cr. cf C::t I.::: c ! 3.; it: ':-d: ( ? - ?. ? ?nt-1 (b))
ior the prg:.c cf.dmini!.rzting Cost Accountino Standards requiramants ur. der this c:ntract, the Contractor shall:
(a) Sulait to the cognizant Contracting Officer a description of the 6cccanting changa cnd the cIngral dollar magnitude of the change to reflect the sum of all incratses and the sum of all decreases for all contracts containing, tne Cost Accountir.g Str.ndi.rds clzuse or the Disclosure and Consistancy of Cost lccounting Practices clause:
(1) For any change in cost accounting practices required to comply with a new cost accounting standard in accordance with paragraph (a)(3) and (a)(4)(A) of the Cost Accounting Standards clause within 60 days (or such other date as may be mutually agreed to) after award of a contract requiring such change;"
(2)
For any chan i
tices proposed in accord-ance with paragraphs (a)(4)ge to cost account ng prac(B), (a)(4)(C) of the Co clause or with paragraph (a)(3) or (a)(5) of the Disclosure and Consistency of Cost Accounting Practices clause not less than 60 days (or such othe/ date as may be mutually agreed to) prior to the effective date of the Proposed change; or
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(3) ior any failure to comp y w th an applicable Cost Accounting l
i Standard or to follow a disclosed practice as contemplated by paragraph (a)(5) of the Cost Accounting Standards clause or with paragraph (a)(4) of the Disclosure and Consistency of Cost Accounting Practices clause within 60 days (or such other date as may be mutually agreed to) after the date of agreement of such noncompliance by the Contractor.
(b)
Submit a cost impact proposal in the form and manner specified by the c:gnizant C:ntracting Officer within sixty (60) days (or su:h other date as may Le mutually agraad to) after the date of determination of the ade:;uscy and compliance of a change submitted pursuant to (a) (I), (2), or (3), above.
(c) Agree to appropriate contract and subcontract amendments' to reflect adjustments established in accordance with paragraphs (a)(4)(and (a)(5)(of the Cost Accounting Standards clause or with paragraphs (a)(3), a)(4),or a)(5) of the Disclosure and Consistency of Cost Accounting Practices clause.
Enen the subcontract is subject to either the Cost Accounting Standards (d) clause or the Disclosure and Consistency of Cost Accounting Practice clause so Self-state in the body of the subcontract and/or in the letter of award.
deleting clauses shall not be used.
(e)
Include the substance of this clause in all negotiated subcontracts cont:ining either the Cost Accounting Standards clause or the Disclosure and In addition, include a pro-Consistency of Cost Accounting Practices clause.-
vision in these subcontracts which will require such subcontractors, within 30 days after receipt of award (or such other date as may be mutually agreed to) to submit the following information to the Contract Administration Office Cognizant of the subcontractor's facility.
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o Av.:..i.;;.. a r. :.:. c f 7:. t ! r~. int ino M a ndarcs t 1-3. i!.L * - ; (L) l m 'i 5.ii (1) Subcontractor's ra.ne and secontract' nu..'.,ar.
(2) Dollar amount and date of a ard.
(3) Nic e of Contractor making the award.
A statement as to whether the subcontractor has mzde or proposes (4) to make any chances to accounting practices that affect prime contracts or subcontracts containing the Cost Accounting Standards clause or Disclosure a Consistency of Cost Accounting Practices clause unless such changes have If award of the subcontract results in making a cost accounting standard (s) effective for the first time, this shall also be reported.
been reported.
For negotiated subcontracts containing the Cost Accounting Standards clause, require the subcontrac' tor to comply with all Sta (f) of Current Cost or Pricing Data or date of award, whichever is earlier.
In the event an adjustment is required to be made to any subcontract hereunder, notify the Contracting Officer in writing of such adjustment and (g) agree to an adjustr.ent in the price or estimated cost and fee of this contract as appropriate, based upon the adjustment established under the subcontract.
Such notice shall be given within 30 days after receipt of the proposed sub-ih contract adjustment, and shall include a proposal for adjustment to such h g er tier subcontract or prime contract as appropriate.
Whan either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause and this clause are included (h) subcontracts, the tenn " Contracting Officer shall be suitably altered to identify the purchaser.
Cost Accounting Standard' Withdrawal 5.13 facilities capital -shall not be reimbursed as an allow contract.
Deletions:
The articles 1.21 and 1.22, " Privacy Act Notification" and " Privacy Act" respectively, are hereby deleted in their entirety.
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