ML20028F699
| ML20028F699 | |
| Person / Time | |
|---|---|
| Issue date: | 01/21/1983 |
| From: | Findley D, Morton K NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE APPLICATIONS INTERNATIONAL CORP. (FORMERLY |
| To: | |
| Shared Package | |
| ML20028F698 | List: |
| References | |
| CON-FIN-B-7339-3, CON-NRC-02-83-035, CON-NRC-2-83-35 NUDOCS 8302030022 | |
| Download: ML20028F699 (33) | |
Text
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.2 14 LCCOUNING AND APPROralATION DA1A B&R NO. 50-19-01-01 FIN NO. 87339-3 OBLIGATE:
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WonBracW N Page 2 cf 33 TABLE OF CONTENTS This contract consists of:
1.
Cover Page 2.
Table of Contents 3.
Schedule:
Article I
- Statement of Work Article II
- Task Orders Article III - Period of Performance Article IV
- Contract Ceiling Article V
- Consideration and Payment Article VI
- Overhead / General and Administrative Rates Article VII - Private Use and Protection of Unclassified Government Information Article VIII - Key Personnel Article IX
- Technical Direction Article X
- Project Officer Article XI
- Travel Reimbursement Article XII Subcontracting Program,for Small Business and Small Disadvantaged Business Article XIII - General Provisions / Alterations 4.
Attachments:
Appendix A - General Provisions (Rev.12/1/81)
Appendix B - NRC Manual 3202 Appendix C - Billing Instructions for NRC Cost-Type Contracts
'a' Page 3 cf 33
~ ~ ~
PART III CONTRACT SCHEDULE ARTICLE I - STATEMENT OF WORK
1.0 Background
The Nuclear Regulatory Commission (NRC) has under consideration and is anticipating applications for licenses for the construction, operation, and decommissioning of fuel cycle facilities.
These facilities include, but may not be limited to, uranium hexafluoride conversion plants, low and high enriched uranium fuel fabrication plants, advanced fuel R&D, and pilot plant facilities, low-level waste and spent fuel storage installations, and waste treatment and solidification plants.
Safety and environmental reviews of the applications must be performed to determine whether or not to issue licenses to the applicants.
In addition, the NRC will be required to review and consult with the Department of Energy (DOE) on some of their similar projects, such as the high level waste solidification project at West Valley.
A broad range of technical expertise is required to conduct these reviews to provide reasonable assurance that th'e public health and safety and environmental values are protected.
Applications which are anticipated during FY 83-85 include license renewals, proposals to modify existing facilities, and applications for new facilities such as spent fuel storage pools, including a new standardized pool design.
Also anticipat, ' are proposals for dry spent fuel storage facilities, including storage casks, and review of the project plan for the West Valley t
high level waste solidification project.
The complexity of safety and environmental reviews of new or renewal license applications or DOE projects is such tnat a broad spectrum of technical disciplines shall~be required to conduct ~the reviews. Because of the necessity for proper and effective management of the review, the contractor is required to possess expertise in most, if not all, of the required disciplines.
See Section 2.0 herein.
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2.0 Work Required The NRC will designate a Project Officer (PO) who shall be responsible for overall direction of the Cost-Plus-Fixed-Fee (Task Order) contract.
A Project Manager (PM) will be designated for each task order issued hereunder.
2.1 Safety Reviews, Analyses, and Other Technical Assistance The contractor shall perform complete or partial reviews of safety analysis reports, other applicant documents and facilities or DOE documents and facilities and assess the consequences to employees and the public as a result of the construction, operation and decommissioning of fuel cycle facilties.
The NRC may request the contractor to address the adequacy of systems for the mitigation of the consequences of accidents.
The scope of the reviews related to applications for spent fuel storage shall be based upon the general requirements of 10 CFR Part 72, and the supporting Regulatory Guides in Division 3.
The scope of the reviews related to applications for high level liquid waste processing and related activities shall encompass, but not be limited to, the topics covered in Regulatory Guide 3.26, " Standard Format and Content of Safety Analysis Reports for Fuel Reprocessing Plants," as applicable.
The scope of the reviews related to applications for fuel fabrication plants shall encompass, but not necessarily be limited to, the topics covered in the draft Regulatory Guide, " Standard Format and Content for the Health and Safety Sections of Renewal Applications for Uranium Fuel Fabrication Plants."
The review shall require expertise for technical analyses in many areas, including site suitability evaluation, accident analyses, dose assessment, The reviews quality assurance programs, and operating controls and limits.
shall also require evaluations of system anc corponent designs, radioacti*le waste confinement and management, and radiation protection programs.
Evaluations of the ability of structures, systems, and components to withstand the effects of severe natural phenomena shall also be required.
The reviewers may be required to prepare and present testimony as expert witnesses for hearings in support of their reviews.
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Contract No. NRC-02-83-035 Pagt 5 of 33 l
l Where licensee information is inadequate to permit competent review a list of questions aimed at eliciti.ng the needed information shall be submitted by the contracte. The contractor shall discuss the questions with the PM before they are transmitted by the NRC to the applicant.
Further dialogue shall take place as a result of the PM review of draft reports required by Section 3.0 below.
As a result of proposed license modifications or amendments, the contractor may be required to perform short-term, limited-scope, technical studies related to safety of the construction, operation, and decommissioning of fuel cycle facilities.
This work includes compilation and assessment of available accident and testing data, and analysis of facility safety under conditions of both normal and accident operation.
2.2 Environmental Reviews, Analysis, and Other Technical Assistance The contractor shall perform reviews of environmental reports, other applicant documents, facilities and sites; evaluate the environmental impacts of the proposed actions, and prepare environmental impact appraisals of draft and final environmental impact statements as directed by the NRC and in conformance with 10 CFR Part 51.
The scope of the reviews shall include, but may not be limited to, those topics described in the draft staff technical position entitled " Preparation of Environmental Reports for Nuclear Fuel Fabrication Plants," suitably modified for the applicable fuel cycle facility.
Other guidance may be found in the Council on Environmental Quality Guidelines and in NUREG-0555, " Environmental Standard Review Plans."
For Final Environmental Impact Statements, the contractor shall consider and provide appropriate discussion of agency and public comment on the Draft EIS.
Expertise shall be required in may areas, e.g., ecological and interrelated earth sciences, radiological assessments, socioeconomics, and disciplines related to cost-benefit analyses. The reviewers may be required to prepare and present testimony as expert witnesses for hearings in support of their reviews.
As a result of proposed license modifications or amendments, the contractor may also be required to perform short-term, limited scope, technical studies related to environmental impact of the construction, operation, and decom-missioning of fuel cycle facilities.
This work includes compilation and assessment of available environmental data, measurement, or estimation of the environments in which proposed or actual facilities exist, and quantifying the effects of facility / environment interaction.
1
Contract No. NRC-02-83-035 Page 6 of 33 3.0 Reporting Requirements 3.1 Monthly Letter Report Each month
- the contractor shall submit 3 copies of a brief letter report which summarizes:
(1) the work performed during the previous month; (2) personnel time expenditures during the previous month; and (3) costs:
(1) current period, (ii) cumulative to date, and (iii) cost projection by month to completion of the work effort.
(The first monthly report shall provide the initial cost projection and subsequent projections or indicate "no change in the cost projection.") The reports shall be due by the 15th of each month with distribution as follows:
NMSS Project Officer (1 copy)
Office of the Director, NMSS (ATTN: Program Support (1 copy)
Kellogg V. Morton, Contracting Officer (1 copy) 3.2 Safety Review Reports For each facility safety review, the contract shall provide three copies of a draft report to the NMSS Project Officer that disc:=ses in detail the safety aspects related to each of the review topics along with the reviewers results and conclusions.
Within 30 days of receipt of each draft task report, the NMSS Project Officer shall provide comments to the contractor to be considered in the preparation of the final report.
These comments will identify problem areas, discrepancies and technical insights on the draft report.
These comments will be for the purpose of clarification only and will not be construed as to prejudge the contractors work or technical findings.
Within 30 more days, the contractor shall review the draft task report, incorporating resolution of comments, and submit a camera-ready copy of the final report.
3.3 Environmental Review Task Reports Three draft copies of Draft and Final Environmental Impact Statements prepared under Section 2.2 (Environmental Reviews, etc.) shall be sub-mitted to the NMSS Project Officer.
The Impact Statements shall discuss each of the topics of the staff technical position, " Preparation of Environmental Reports for Nuclear Fuel Fabrication Plants," as discussed in 2.2 above and as required by 10 CFR Part 51.
For Environmental Appraisals, a similar draft report shall be submitted in three copies which addresses each of the topics of the staff technical
. position (furnished as part of the Request for Proposal) through Section 7.0.
- month is hereby defined as the four (4) week accounting period for Science Applications, Inc.
Contract No. N1C-0I-83-03h' Paga 7 cf 33 The Project Officer will furnish comments on drafts of the report within 30 days after receipt of a draft. The comments will identify problem areas, and discrepancies 'and provide technical insights concerning the work performed.
These comments will be for the purpose of clarification only and will not be construed as to prejudge the contractor's work or technical findings. The contractor shall revise the draft and submit
' a camera-ready copy of the final report that incorporates resolution of comments within 30 more days.
(These comments are separate from agency and public comment which may be received.in Draft Environmental Impact Statements).
3.4 Task Report Format For task reports prepared under the provisions of this contract, the format shall be in accordance with the provisions as stated in NRC Manual Chapter Appendix 3202 for either Formal Contractor Documents or Interim Contractor Documents as appropriate.
See Appendix B attached hereto.
4.0 Meetings and Travel The Contractor shall be required to visit the NRC offices in Silver Spring, Maryland up to four times per task review to confer with the Fuel Cycle and Material Safety staff. The Contractor shall be required to visit project sites and other similar government or commercial facilities and to attend other meetings or events at times and places desginated by the NMSS Project Manager. The number of meetings and site visits shall be estimated in each request for proposal for a specific task order. The contractor may also be required to travel to hearings to provide testimony as an expert witness.
5.0 NRC Furnished Material To facilitiate the work described in Section 2.0, the NRC will provide the Contractor with pertinent sections of the Safety Analysis Reports and Environmental Reports prepared by applicants for licensing approval within ten days from the effective date of each task order.
The NRC shall also provide various documents related to the work described in other tasks, such as Environmental Impact Statements, Regulatory Guides, technical standards and topical reports.
l 6.0 Estimated Requirements The exact number and scheduling of reviews has not yet been determined.
No i
specific amount of work is either guaranteed or implied.
The number of I
reviews to be ordered will depend upon the number of applications received and the Commission shall be obligated to pay only for work actually ordered and performed.
If such requirements fail to materialize in the number esti-i mated, such failure shall not constitute grounds'for an' equitable adjustment hereunder.
It is estimated that up to a maximum of six (6) safety reviews and eighteen.(18) environmental reviews will be required during the period nf nerfnemanca undar the contract. These maximums shall constitute ceilings for place-ment of orders or Total Ceiling Amount of contract, whichever comes first.
ARTICLE II - TASK ORDERS A.
Task Orders for services hereunder shall be issued at the sole option of the Commission. The contractor shall be obligated to perform the-services specified in each Task Order issued under the terms of this i
contract.
Task Orders for services required hereunder shall be issued in writing by the Contracting Officer. A definitive review report schedule shall be incorporated into individual Task Orders issued under this contract.
i B.
Individual proposed task orders shall be numbered consecutively with a three-digit number commencing with "001."
Each proposed task order shall be sent to the contractor and will include:
1.
Statement of Work and Deliverables 2.
Period of Performance 3.
Name of Technical Contact 4
4.
Reporting Requirements 5.
Estimated Cost Plus Fixed Fee (To be incorporated in definitized task order) 6.
Applicable Security Requirements and/or Privacy Act Considerations 7.
Response Date for Receipt of Proposal 8.
Task Order Type Cost Plus Fixed Fee 9.
Special Terms and Conditions, As Applicable The contractor shall submit a bona fide technical, when applicable, and cost proposal for all proposed task. orders received.
All proposals submitted in response to eac! proposed task order must be received by NRC within two weeks of the date of issuance.
C.
Content of Task Order Technical Proposal The task order technical proposal shall substantiate, the contractor's understanding of the requirements of the task order.
The contractor shall, when applicable, state its objectives, methods-and any other information explaining how the task will be accomplished.
Key l
personnel shall be identified in each proposal.
Any exceptions or deviations to the period.of performance or reporting requirements shall also be noted.
D.
Content of lask Order Cost Proposal Using the Optional Form 60, each task order cost proposal shall be fully supported by cost and pricing data adequate to establish the reasonable-l ness of the proposed amounts.
The following information shall be provided in each cost proposal:
i Cost Plus Fixed Fee Task Order Proposals l
a.
Direct labor by categories, quantity of hours and applicable hourly rates and extensions thereof.
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Indirect cost rates, general and administrative, fringe, overhead, and extensions thereof.
c.
Itemized material costs, when applicable.
d.
Itemized subcontract costs, when applicable.
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Itemized travel costs, when applicable.
f.
Fee fixed at.9%.
g.
Total estimated cost.
Following negotiation of the contractor's. task order proposals,- the Con-tracting Officer.will issue a formal, definitized task order. The con-tractor shall not, unless authorized otherwise by the Contracting Officer (see Paragraph F b610w), commence work on any task order prior to receipt of the definitized task order signed by the Contracting Officer. Only Contracting Officers of_ the.U. S. Nuclear Regulatory Commission may authorize the initiation of work under this contract. The provisions of this contract shall govern all task orders issued hereunder.
E.
Task Assignment Ceilings Estimated costs.and the fixed fee will be placed in each task assignmentffor performance of work under the contract. Such ceilings may be increased by the Contracting Officer (CO) at his discretion from time to time by notice to the Contractor in writing with the exception that the total dollar amount of all completed and outstanding task orders may not exceed the total dollar ceiling set forth in this contract.. The contractor shall promptly notify the C0 in writing whenever he believes that the then pertinent ceiling for any task assignment is insufficient. When and if the amount (s) paid and payable to the contractor under such pertinent work order shall equal the l
f then pertinent ceiling, the contractor shall not be obligated to perform further unless the C0 increases such ceiling. The Government shall not be obliged to pay the contractor any amount in excess of such ceiling.
F.
Commencement of Work Piior to Definitization of Task Order Paragraph D above states that the contractor shall not, unless authorized i
otherwise by the Contracting Officer, commence work on any task order prior 3
to receipt of the definitized task order.
In some circumstances, it may be i
necessary for the contractor to commence work before he has submitted his cost proposal and before a final price has been agreed upon and definitized.
i Accordingly, when the Contracting Officer so authorizes, the contractor shall, within ten work days of the receipt of the task order, proceed l
with the work subject to the limitations of Paragraph E of this Article.
i However, the contractor shall not be required to proceed in the following
.i circumstances:
4 1)
Incomplete or Inadequately Described Tasks or Pro.iects:
The j
_ contractor shall immediate'ly communicate with the Contracting Officer and request an. appropriate adjustment in the order for tasks or projects, which are incomplete or inadequately-iden-tified, except as applies to typographical errors and other
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2)
Orders which cantain a monetary, limitatiun which is unreasonably
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deficitnt when related to the dolTar value of the services to be furnished thereunder: When the monetary amount is provided with the order the Contractor shall notify the Contracting Officer in advance of submission of the proposed price for the effort, the dollar amount of understatement in the monetary limitation in the order. The Contracting Officer will notify the contractor in writing of the desired action to be taken.
Where the contractor is authorized as indicated above to commence work prior to the definitization of the task order, the Contracting Officer, wi'hin thirty (30) days or such additional period as may be mutually agreed upon after receipt of the contractor's proposal, shall either:
1)
Definitize the task order, thereby accepting the contractor's proposed price; 2)
Terminate the task order in its entirety in accordance with Clause 5.7 of the General Provisions attached hereto (see Appendix A); or 3)
Notify the contractor of the need for further negotiations.
When an agreement on price is reached, the Contracting Officer shall then definitize the task order.
ARTICLE III - PERIOD OF PERFORMANCE The performance of work described in ARTICLE I hereof shall commence as of the effective date of this contract and shall continue to completion thereof, esti-mated to occur within 36 months after said contract is effective.
ARTICLE IV - CONTRACT CEILING
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The contract cost ceiling for performance of work under this contract has been established ' t $1,940,000.00. Such ceiling may be increased by the Contracting Officer at s discretion by notice to the Contractor in writing.
The Contractor shall prom,
.y notify the Contracting Officer in writing whenever it believes that the cost ceiling is insufficient. When and if the amount (s) paid and payable to the Contractor under the contract shall equal the contract cost ceiling, the Contractor shall not be obligated to perform further unless the Contracting Officer increases such ceiling. The Government shall not be obligated to pay the Contractor any amount in excess of such ceiling.
If and.to the extent that such ceiling has been increased, any cost incurred by the Contractor in per-formance in excess of the ceiling prior to its increase shall be allowable to the same extent as if such costs had been incurred after such increase in the ceiling.
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Contract no. imL-U2-03-03b Page 11 of 33 i
ARTICLE V - CONSIDERATION AND PAYMENT A.
Estimated Cost, Fixed Fee and Obli_gation 1.
The amount presently obligated by the NRC with respect to this contract is $150,000.00 and this sum represents the total estimated reimbursable cost, including fee, ceiling for all task orders placed under this contract.
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 per-formance of this work under this contract and the actual cost per-formance of that work.
3.
The amount presently obligated by the Government with respect to this contract and all task orders thereunder is $150,000.00.
It is estimated that the funding presently provided will cover the work to be performed under this contract through February 28, 1983.
B.
. Payment The Government shall render payment to the contractor in approximately thirty (30) days after submission of proper and correct invoices or vouchers.
Additional provisions relating to payment are contained in Clause 5.3 of the General Provisions hereto.
ARTICLE VI - OVERHEAD / GENERAL AND ADMINISTRATIVE 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 Fringe Benefit rate of 15E55 percent of Direct Labor and at the provisional Labor Overhead rate of dEEEE percent of Direct Labor.
The provisional Material Overhead rate shall bereimbursedatjdEkpercentofDirectMaterialsandSubcontractCostswhich do not bear G&A expense.
B.
Pending the establishment of final general 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 Travel,lalndOtherDirectCosts.lB percent of Material Overhead, Direct Labor, Labor O rate of Other Direct Costs does not include Direct Materials and Subcontract Costs.
C.
NotwithstanJing A. and D. of this Article, said provisional overhead rates may be adjusted as appropriate during the term of the contract upon the acceptance of such revised rates by the Contracting Officer.
Page 12 of 33 ARTICLE VII - 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 information, documents and material : furnished by the Commission to the contractor in the performance of this contract, or information 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 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 or developed by the contractor in the performance of this contract.
B.
The contractor shall be responsible for safeguarding from unauthorized dis-closure any information or other documents and material exempt from public disclosure by the Commission's regulations and made available to the con-tractor in connection with the performance of work under this contract. The contractor agrees to conform tb all regulations, requirements, and directions of the Commission 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 Commission pertaining to classified information and material.
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ARTICLE VIII - 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. substitute persons possessing substantia ~11y equal abilities and qualifications satisfactory to the Contracting Officer.
J. Frank Wimpey Ja'm'es Hammelman Richard Belanger
-Neil. Johnson Dennis Buckley J. Robert Lariviere
Page 13 of 33 i
ARTICLE IX - 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 X 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 wo-k 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 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 contrac(.
The Project Of ficer 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 in i.he 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 the contract.
C.
ALL TECHNICAL DIRECTIONS 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.
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 prnvisions of this article.
If, in the opinion of the contractor, any instruction 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 i
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Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving such notification f.'om 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.
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 costs 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."
ARTICLE X
- PROJECT OFFICER Peter Loysen is hereby designated as the Contracting Officer's authorized representative (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 increase 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 surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirerants; (2) interpreting the. scope of work; (3) performing technical evaluation-as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the contractor in the. resolution of technical problems encountered during performance.
Within the purview of this authority, the Project Offjcer. is authorized to review all costs requested for reimburscment by contractors.and submit recommendations for approval, disapproval, or suspension 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 contractor to be valid, it must:
(1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, condiiions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
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Centract No. NRC-02-83-035 Page 15 cf 33 l
ARTICLE XI - TRAVEL REI.M80RSEME.]T 1.
The contractor will be reimbursed for reasonable domestic travel costs incurred directly and specifically in the periarmance of this contract and accepted by the Contracting Officer, in accordance with the contractor's approved travel policy on file with the f4RC.
The cost of travel by privately owned automobile shall be reimbursed at 2.
the mileage rate prescribed by the contractor's established, generally applicaole travel policy; orovided, however, that such reimbursement shall not exceed the cost of less than first-class travel by common carrier.
3.
The cost of travel by rented autcmobile shall be reimbursed on a reasonable actual expense basis that does not exceed the rates, prescribed by the contractor's established, generally applicable travel policy.
4.
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 travel is not authorized.
5.
Reasonable actua' costs of lodging and subsistence, or per diem its lieu of actual costs, shall be allowable to the extent that such actual costs or oer diem amounts do not excaed the amounts or per diem rates prescribeJ by the contractor's established, generally aoplicable travel policy, Receiots are recuireo for common carrier transportation, todging and o.
miscellaneous itams in excess of 515.00.
iny revision t: the ::ntractor's established, ;er. era ly acclica:ie :rsvel policy approved by the cogni ant aucit agency during tne perioa of cer-
'cr.ance of this c:n rac: shall be effective, without 'crmal accification to this c:ntract, uoan delivery to the Contracting Officer of a copy of such revised policy together with evidence of cognizant audit agency approval thereof.
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Contract No. NRC-02-83-US5 Page 16 of 33 ARTICLE XII - SUBCONTRACTING PROGRAM FOR SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS A.
The contractor has established, in its subcontracting plan, which is incor-porated herein by this reference, the following goals for awards to small business concerns:
1.
Small Business concerns:
Seven. percent..of total estimated cost of prime contract under this contract will go to subcontractors who are small business concerns. Total dollars planned to be subcontracted to small business concerns are estimated to be
$135,800.00.
2.
Small Disadvantaged Business Concerns: Three percent of total estimated cost of prime contract under this contract will go to subcontractors who are small business concerns owned and controlled by socially and economically disadvantaged individuals. Total dollars planned to be subcontracted to small disadvantaged business concerns are estimated to be $58,200.00.
Coctract No. NRC-02-61 v s Page 17 of 33 1
ARTICLE XIII - GENERAL PROVISIONS /ALTERATI0:lS This contract is subject to the attached provisions of Appendix A, General Provisions, entitled " Cost Type Research and Development Contracts With Commercial Organizations," dated 12/1/81.
Special Provisions Added:
3.12 Labor Surplus Area Subcontracting Program (1-1.805-3(b))
(a) The Contractor agrees to establish and conduct a program which will encourage labor surplus area concerns to compete for subcontracts within their capabilities.
In this connection, the Contractor shall--
(1)
Designate a liaison officer who will (i) maintain liaison with daly authorized representatives of the Government on labor surplus area matteri.,
(ii) supervise compliance with the Utilization of Concerns in Labor Surplus Areas clause, and (iii) administer the Contractor's " Labor Surplus Area Sub-contracting Program;"
(2)
Provide adequate and timely consideration of the potentialities of labor surplus area concerns in all "make-or-buy" decisions; (3) Assure that labor surplus area concerns will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitation 3.
time for the preparation of bids, quantities, specifications, and delivery schedaies so as te facilitate the participation of labor surplus area ::ncern::
(4) Maintain records showing the procedures which have been aooptea to comply with the policies set forth in this clause and report subc:ntract awards (see 4i CFR l-16.504-5 regaroing use of Optional Form 5i).
Recorcs maintained pursuant to this clause will be kept available for review by tne e
l Government until the expiration of 1 year after the award of this contract, or for such longer period as may be required by any other clause of this contract or by applicable law or regulations; and (5)
Include the Utilization of Concerns in Labor Surplus Areas clav-in subcontracts which offer substantial labor surplus area subcontracting opportunities.
t (b)
(1) The term " labor surplus area" means a geographical area identified !
by the Department of Labor as an area of concentrated unemployment or under-employment or an area of labor surplus.
(2)
The term " concern located in a labor surplus area" means a la::e j
1 surplus area concern.
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Page 18 of 33 (3) The term " labor surplus area concern" means a concern that, together with its first-tier subcontractors, will perform substantially in labor surplus areas.
(4)
The term " perform substantially in labor surplus areas" means i
that the costs incurred on account of manufacturing, production, or appropriate services in labor surplus areas exceed 50 percent of the contract price.
(c) The Contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000 and which contains the Utilization of Concerns in Labor Surplus Areas clause, provisions which shall conform substantially to the language of this clause, including this paragraph (c), and to notify the Contracting Officer of the names of such subcontractors.
3.13 Utilization of Women-Owned Business Concerns (Over 510,000)
(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 the contract, a " women-owned business" concern means a business that is at least 51% owned by a woman or women who also control and operate it.
" Control" in this context means exercising the power to make policy decisions.
" Operate" in this context means being actively involved in the day-to-day management.
" Women" mean all women business owners.
3.14 Wmen-Dwned Busines s Concerr.t Subcontracting Program (Over 5500'000 or 51.000,000 f or Construction. of Any Public f acility)
(a)
The Contractor agrees to establish and conduct a program which wil enabie women-owned business concerns to be considered fairly as subcontractor!.
and suppliers under this contract.
In this connection, the contractor shall:
(1)
Designate a liaison oTficer who will administer th'e Contractor's
" Women-Duned Business Concerns Program. "
(2)
Provide adequate and timely consideration of the potentialities of known women-owned business concerns in all "make-or-buy" occisions.
(3)
Develop a list of qualified b.idders that are women-owned businesses and assure that known women-owned business concerns have an equitable opcortunity to ccmoete for sebcontracts, particularly by makinc information on for*.hcoming opportunities available, oy arranginc solicitations, time for tne preparation of bias, cuantities, soeci-I fications, and delivery schedules so as to f acilitate the participati of women-owned business concerns.
Page 19 of 33 (4) Maintain records showing (i) procedurcs which have been adopted to compy with the policies set forth in this clause, including the establishment of a source list of women-owned business concerns; (ii) awards to women-owned businesses on the source list by minority and non-minority women-owned business concerns; and (iii) specific efforts to identify and award contracts to women-owned business concerns.
(5)
Include the " Utilization of Homen-Owned Business Concerns" clause in subcontracts which offer substantial subcontracting opportunities.
(6)
Cooperate in any studies and surveys of the Contractor's women-owned business concerns procedures and practices that the Contracting Officer may f rom time-to-time conduct..
(7)
Submit periodic reports of subcontracting to nomen-ouned bus iness concerns with respect to the records ref erred to in subpsragraph (4) above, in such form and manner and at such time (not more of ten than quarterly) as the Contracting Officer raay prescribe.
(b) The Contractor further agrees to insert., in any subcontract hereunder which may exceed 5500,000 or 51.000,000 in the case of contracts f or the constructic of any public facility and which offers substantial subcontracting possibilities, provisions which shall conform substantially to the language of this clause, includi this paragraph.(b), and to notify the Contracting Officer of the names of such i
subcontractors.
(c) The contractor further agrees to re. quire written certification by its
. subcontractors that they are bona fide. women-owned and controlled business concer".s in accordance with the dsfinition of a women-owned business concern as set fortr.
in the Utilization Clause 1(b) above at the time of submission of bids or prensals O
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Contract No. NRC-02-83-035 Page 20 of 33 3.15 Small Business and Small Disadvantaged Business Subcontracting Plan (Negotiated)
- 1. This provision does not apply to small business concerns.
2.
The, term " subcontract" means any agreement (other than one employer-employee relationship) entered into by a involving an Federal Government prime contractor or subcontractor calling for supplies or services required for the performance of the original contract or subcontract.
- 3. The off eror acknowledges that it is aware of the subcontracting plan requirements in this provision; and if it is the apparent succe:.sful off eror, and if the contr act offers subcontracting pessibilities, agrees to negotiate a plan.which includes:
Percentage goals (expressed in terms of percentage of total a.
planned subcontracting dollars) for th e. utilization as subcontractors of small business concems and small business concerns owned and controlled by socially and economically disadvantaged individuals; (For the purposes of the subcontracting plan, the contractor may include a!! purchases which contribute to the perfbrmance of the contract, including a proportionate share of products, services, etc., whose costs are normally allocated as indirect or overhead costs.)
As part of its estab!!shment of cerce.. 2ge goals the apparent succes.sful off erer sha!! also include in its subcontracting pian:
(1)
A statement of:
(a) total dollars planned to be subcenrac:ed; (b) tc:a1 d !!ars p!arr.ed to be subcontrac:ed to small business; and (c) :c:ai do!!ars p;anned to be subcont ac.ed to small disadvan: aged business.
(2) A description of the principal product and service areas to be subcontracted and an identification of these areas where it is planned to use (1) small business subcontractors, and (ii) small disadvantaged business t
subcontractors.
(3) A statement of the method used in developine proposed subcontracting goals for (i) small business, (iil small disadvantaged business cencerns (e. g., did. the offeror use for subcon:ract s licitation purp:ses company source lists, the small busi..:r.s and dissivar:ag:d small scurce iden:ifica;ien system pr evided by the business l
Small Business Administration's Procurement Au:cma:ed Source System, the National Minority Purchasing Council I
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Contract N). NRC-02-83-035 Page 21 of 33 Vendor Information Se rvic e, the Office of Minority Business Data Center in the Department of Commerce, and the facilities of local small business and minority associations?).
(4) If the offeror includes indirect and overhead costs as an element in establishing the goals in the subcontracting plan, the method used in determining the proportionate share of indir6ct and overhead costs incurred with (i) small business, and (ii) small disadvantaged business subcontractors shall be explained.
- b. The name of an individual within the employ of the off eror who will administer the subcontracting program of the of feror and a description of the duties of such individual; A description of the efforts the offeror will take to assure c.
that small business. concerns and small business concerns cwned and controlled by socially and eccnomically disadvant aged individuals will have an equitable opportunity to compete for subcontracts;
- d. Assurances that the offeror will include the clause entitled Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals in all subcontracts which offer further subcontracting opportunities and to require all subcentracto s (except small business concerns) which receive subcontracts in excess of $500,000, or in the case of a con:ract fer the construc:lon of any public f acility, 51,000,000, to adopt and c:rnply with a,:!an similar to the plan agreed to by the offeror. Such assurances shall describe the of feror's procedures for the review, a,:prova!, and meni oring for cc p!iance with such plans;
- c. Assurances that the offeror will submit such periodic reports and cooperate in any studies or surveys as may be required by the contracting agency or the Small Business Administration in order to determine the extent of compliance by the of feror with the subcontracting plan; and
- f. A recitation of the types of records the off eror will maintain to demonstrate procedures which have been adopted to comply with the requirements and goals set forth in the plan, including the establishment of source lists of small business concerns and small business concerns owned and controlled by socially and ec:ncmicsily disadvantaged individuals; and efforts to icen:!fy and award sub::n. ac s :o such small bus!._ _3 c:ncerrt.
-he re: rds sha!! ir.c!ude at least the follcwing (these e:crds may be maintained on a plant-wide or ccmpany-wide basis unless otherwise indica:ed):
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Page 22 cf 33 (1) Small and disadvantaged business source lists, guides and other data indentifying small and small disadvantaged busiriess vendors.
(2) Organizations contacted for small and disadvantaged business sources.
(3)
On a contract-by-contract basis, records on all subcontract solicitations over $100,000, indicating on each solicitation (a) wh:ther small business was solicited, and if not why not; (b) whether small disadvantaged business was solicited, and 11 not why not; and (c) reasons for the failure of solicited small business or small disadvantaged business to receive the subcontract award.
(4) Records to support other outreach efforts:
Contacts with minority and small business trade o
associations; o
Contacts with business development organizations; o Attendance at small and minority business procurement conferences and trade f airs.
(3)
Records to support internal activities to guide and encourage buyers:
o Workshops, seminars, training programs, etc.
o.'.'enitoring activities to eva!.:ste comp!!ance.
(6)
On a contract-by-contract basis, records to support award data submitted to the Government to include name and address of subcontractor.
- 4. Tne of feror understands that:
No contract will be awarded unless and until an acceptable a.plan is negotiated with the contracting of ficer which pian will be incorporated into the contract, as a material part thereof, 7
b.
An acceptable olan must, in the determination of th e centracting
- officer, provide the maximum practic able
' u:'.ess I
e portunity for small business concerns r.nd s.- all concerns wned and contrei;ed by socially and ec:n:mici'!Y disadvantaged persens to participate in the pt:fermance of the c ont ract.
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Page 23 of 33 If a subcontracting plan ecceptabla to tha contracting c.
officer is not negotiated within the time limits prescribed by the c.ontracting activity and such failure arises out of.causes within the control and with the fault or negligence of the offeror, the offeror shall be ineligible for an award.
The
' contracting officer shall notify the contractor in writing of his reasons for determining a
subcontracting plan to be l
unacceptable. Such notice shall be given early enough in the i
negotiation process to allow the contractor to modify the plan I
within the time limits prescribed.
i d.
Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the contracting officer in determining the responsibility of the offeror for award of the contract.
It is the offeror's responsibility to develop a satisfactory e.
subcontracting plan with respect to both small business concerns and small business concerns owned and controlled by socially and eccnomically disadvantaged individuals and that each such aspect of the offeror's plan will be judged independently of the other.
f.
The offeror will submit, as required by the contracting of ficer, subcontracting reports in accordance with the instructions thereon, and as further directed by the contracting officer. Subcontractors will also submit these reports to the government's contracting officer or as otherwise directed, with a copy to the prime contractor's designated small and disadvantaged business liaison.
- 5. Tne f ailure of any contractor or subcontractor to comply in 3:od faith with (a) the clause entitled Utili:stion of S..a!) Susiness Ccncerns and Small Business Concerns Cwned and Centrolled by Socially and 8c:non ically Disadvanta ged Indi. ! duals er (b) an ap,: roved plan required by this Small Business and Small Disadvantaged 5.:siness Subc:ntracting P!an (Negotiated) prev:::cn, will be a material breach of uch contract or subcontract.
6.
Commercial Products. If a commercial product (defined below) is offered the required subcontracting plan may relate to the company's production generally (both for commercial and non-commercial products) rather than solely to the item being procured under the government contract. In such cases, the contractor shall be required to submit one company-wide, annual plan to be reviewed for approval by the first agency with which it enters into a prime contract (which requires a subcontracting plan) during the fiscal year, or by another agency satisfactory to the contracting officer.
The apprcved plan wil! remain in ef fect for the company's enti.e fiscal yes-f r. a!! of the ccm,:any's or division's commercial products.
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Contract No. NRC-02-83-035 r.
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5 Page 24 ef 33 De term " commercial products" means products in r egular prcduction sold in substantial quantities to the general public and/or industry at established market or catalog prices. A product which, in the opinion of the contracting officer, diff ers only insignificant!y from the contractor's commercial product may be regarded for the purpose of this clause as a commercial product.
5.8 Price Reduction for Defective Cost or Pricing Data (1-3.814-1(a)) (5100,000)
If any price, including profit or-fee, negotiated 'in connection with this contract or any cost reimbursable under this contract was increased by any sioni-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 '
Cast or Pricing Data; (b) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricino Data" or " Subcontractor Cost or Pricino Data--Price Adjustments" or any subcontract clause therein required, furnished cost or pricina data which was not accurate, complete and current as certified in the subcontractor' Certificate of Current Cost or Pricing Data; (c) A subcontrictor or prospective subcontractor furnished cost or oricine data which was required to be accurate, complete and current and to be submitted to supcort a subcontract cost estimate furnished by the Contractor but which was nct accurate, comolete ano current as of the date certified in the Contractor's Certificate of Current Cost or Pricing Data; or (d) The Contractor er a subcontractor or crosoective subcontractor furnishe:
any data, not within (a), (b) or (c) above, which was not accurate as submitted:
the price or ces shall be reduced accordingly and the centract shall be 7.:dified in writing as may be neces:ary to reflect sucn recucticn.
however, any redu: tic-in tne c:ntract crice due to defective subcontract dat of a or:scettive su:::n-tractor wnen tne saccontract was not suoscouently awarceo to su:n succentract:r, will be limited to the amount (olus apolicable overhead and profit markuo) by whicn the actual subcontract, or actual cost to the Contractor if there was no subcontrac !
was less than the prospective subcontract cost estimate submitted by the Centri cr l Provided, The actual subcontract price was not affected by defective cost or pricing data.
(Note: 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 subcontractor to appropriately indemnify It is also expected that any subcontractor subject to such the Contractor.
indemnification will generally reouire substantially similar ~ indemnification f:r defective cost or pricing d:ta required to be submitted by his icw tier subcontractors.)
5.9 Price Reduction for Defective Cost or Pricing Data - Price Adjustments (1-3.814-1(b)) ($100,000).
(a) This clause shall become coerative only with respect to any modification j
cf this contract which invelves aggregate increases and/or decreases in costs plus 1
app 1'icable profita; in excesis of $100,000 unless the modification is priced on the basis of adequate price competition, established cataloc or market prices.of._
comercial items sold-in substantial quantities tM the general public, or orices snt by law or regulation.
The right to price reduction under this clause is limited to defects in data relating to such modification.
(b)
If any price, including profit, or fee, necotiated in connection with any price adjustment under this contract was increased by any significant sums because:
(1) The Contractor furnished cost or pricino data which was not accurate, comolete and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; (2) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricina Data--Price Adjustmcats" or any subcontract clause therein required, furnished cost or oricinc data which was not accurate, complete and current as certified in the subcontracto: 's Certificate of Current Cost or Pricino Data; (3) A suocontractor or prospective subcontractor furnished cost or pricing riata whicn was recuired to be accurate, complete and current and to be submitted to support a subcontract cost estimate furnished by the Contractor but which was not accurate, complete and current as of the date certified in the Con-tractor's Certificate of Current Cost er Pricing Data; or (4) The Contractor or a subccntractor or prosoective subcontractor furnished any data, not within (1), (2) or (3) above, whicn was nct accurate, as submitted; the price shall be reduced accordingly and the contract shall be radifie:
in writine as cay be necessary to reflect such reducticn.
However, any reducticn in the contract price due to defective subcontract data of a prosrective subcon-tractor, when the subcontract was not subsecuently awarded to such subc:ntracter, will be limited to the amount (plus apolicable overhead and profit markup) by which the actual subcontract, or actual cost to the Contractor if there was no subcontract, was less than the prosoective subcontract cost estinate submitted by the Contractor.
Provided the actual subcontract price was not affected by defective cost or pricing data.
(Note:
Since the contract is subject to reduction under this clause by reason of defective cost or pricino data submitted in connection with certain subcontracts, it is expected that the Contractor may wish to include a clause in each sach subcontract requiring the subcontractor to appropriately indemnify the contractor. It is also expected thdt any subcontractor subject to such indemnifi-cation will generally recuire substantially similar indemnificatica for defective cost or pricine data re:uired to be submitted by his icwer ticr su:::ntract:rs.,
(c)
Failure to agree on a reduction shall be a discute c:ncernino a questica of fact within the meaning of the " Disputes" clause of this contract.
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Page 26 of 33 5';10 Subcontractor Cost and Pricing Data (1-3.814-3(a)) ($100,000)
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(a) The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricino data under tb following circumstances:
(1) Prior to-the award of any subcontract the amount of which is expected to exceed $100,000 when entered into; (2) Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable orofits expected to exceed $100,000; except where the price is based on adequate price competition, established cataloo or market prices of _ commercial items sold.in substantial quantities to the general public, or prices set by law or regulation.
(b) The Contractor shall require subcontractors to certify, in substantially the same form as that used in the certificate by the Prime Contractor to the 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.
(c) The Contractor shall insert the substance of this clause includino thi! '
paragraph (c) in each subcontract hereunder which exceeds 5100,000 wnen entered into except where the price thereof is based on adeouate price ccmoetition, established catalog or market crices of co=ercial items sold in substantial cuantitias to the general public, or prices set by law or regulation.
In each sucn expected subcontract hereunder in excess of $100,000, the Contractor shall insert the substance of the following clause:
SUBC0ffrRACTOR COST OR PRICliiG DATA-PRICE ADJUSTME'{TS (a) Paragraohs (b) and (c) of this clause shall be::me a:erative caly with rescect to any modification made oursuant to one or more provisiens of this centra::
which in.oives aggregate incre=ses and/or cecreases in costs cius a:clicable :r:fi*.:
cxcected to exceed 5100,000.
The requirements of this clause shall be limited to such contract modifications.
(b) The Contractor shall require subcontractors hereunder to submit, actually or by soecific identification in writing, cost or pricine data under the following circumstances:
l (1) Prior to award of any subcontract, the amount of which is expected to exceed 5100,000 when entered into; (2)
Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed 5100,000; except where the price is based on adeouate price ccmpetitien, established catalog or market prices of commercial items sold in substantial l
cuantities to the general public. cr prices set by lu cr ra;u'.ati:n.
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Subcontract Cost and. Pricing Data (1-3.814-3(a)) Cont'd (c)
The Contractor shall require subcontractors to certify, in substantialiy the same form as that used in the certificate by the Prime Contractor to the
, Government, that te the best of their, knowledge and belief the cost and pricing data submitted under (b) above is accurate, complete, and current as of the data
~
of agreement on the negotiated price uf the subcontract or subcontract change or modification.
(d)
The Contractor shall insert the substance of this clause including this paragraph (d) in each subcontract hereunder which exceeds 5100,000 when entered into.
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$,1) wws actuunung Standards--tiondefense Contrcct (1-3.gs e vi w1204-2(a)) (5100,000) ra
- )
J (a)
Unless thn Administrator of General Services has prescribed rules or regulations exempting the Contractor or this contract from standards, rules, and in connection with this contract, shall: -regulations promulgated by the C (1)
Follow consistently the cost accounting practices--established or disclosed as required-by r~egillitions of-the Cost Accounting Standards Board and administered under the Administration of Cost Accounting standards clause.
If any change in disclosed practices is made for purposes of any contract or subcontract subject to those disclosure require ents, the change must be applied in a consistent manner to this contract.
(2)
Comply with all cost accounting standards which the Contractor is required to comply with by reason of concurrent performance of any contract or subcontract subject to the Cost Accounting Standards clause (4 CFR 331) and administered under the Administration of Cost Accountino Standards clause.
The Contractor also shall comply with any cost accounting shndard which hereafter becomes applicable to st,ch a contrac.t or subcontract.
Such compliance shall be required prospectively from the date of applicability to such contract or subcentract.
Compliance shall continue until the Contractor completes per-formance of work under this contract.
(3) Agree to an equitable adjustment (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.
(4) liegotiate with the Contracting Officer to determine the terms and conc;itions under which a chance to either a disclosed cost accountino practice or in established cost accounting practice, other than a change under (a)(3) above or (a)(6) below, may be made.
A change to a practice may be proposed by either the Government or the Contractor, Provided, however, That no agreement may be made under this provision that will increase costs paid by the United States.
(5) Agree to an adjustment of the contrac't price or cost allowance, as appropriate, if it or a subcontractor fails to comply with the applicable Cost Accounting Standards or to follow any practice disclosed or established pursuant to subparagraph (a)(1) or (a)(2) above and such failure results in any increased costs paid by -the United States.
Such adjustment shall provide for recovery of the. increased costs to the Uriited States-together with interest thereon computed at the rate determined by the Secretary of the Treasury pur-suant to Pub. L. 92-41 (50 U.S.C. App. 1215(b)(2)), or 7 percent per annt:m, whichever is less, from time the payment by the United States was made to the time the adjustment is effected.
(6) !!egotiate an equitable adjustment (as provided in the Changes clause of this entract, i f any) when the parties agree to a change to either a disclosed cost accounting practice or sn established cost accounting practice.
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Contract No. NRC-02-83-035 Page 29 of 33 a
(b) The Contractor shall permit any authorized representatives of the head
,af the agency, of the Cast Accounting Standards Board, or af the Comptroller Gener.-3 of the United States to examine and make copies of any documents, papers, or records relating to, compliance with the requirements of this clause tmtil the expiration of 3 years af ter final payment under this contract or such..-
lesser time specified in the Federal Procurement Regulations (FPR) part 1-20.
'(c) Unless a subcontract or Subcontractor is exempt under rules or regu-lations prescribed by the adniinistrator 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 currently performing a national defense contract or subcontract that contains the clause entitled to Cost Accounting Standards and that are currently required to accept the clause in applicable national defense, wards, and (2) shall include the substance of the Consir.tency of Cost Accountino Practices -Non-defense Contract clause set forth in 6 1-3.1204-2(b) of the FPR in negotiated subcontracts under this contract with all other subcontractors.
The Contractor may elect to use the substance of the solicitation notice set forth in 51-3.1203-2(b) of the FPR in his determination of applicability cost accounting standards to subcontracts.
(d) The tems defined in 5 331.20 of Part 331 of Title 4, Ccde 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 firms is identical, (2) price is the only consideration in selecting the subcontractor from among the ccmpeting firms solicitied, and (3) the icwest offer received in compliance with the solicitation fro: among those solicited is accepted."
(e) Tne administration of this clause by the Goverr. ment shall be accom-plished in conjunction with th'e administration of the Contractor's national defense contracts and subcontracts subject to rules and regulations of the Cost Accounting Standards Board,. pursuant to the Ad:ninistration of Cost Accountino
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l 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 include this Cost Accounting Standards--
Nondefense-Contract clause and ' reference to the Disclosure and Consistency of Cost Accounting Practices clause shall be deemed to include the Consistency of Cost Ac'tounting Practices--Nondefense Contract clause.
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- 5.N Administration of Cost Accounting Standards (1-3.1204-1(b))
For the purpose of administrating Cost Accounting Standards requirements under this contract, the Contractor' shall:
i (a)
Submit to the cognizant Contracting Officer a description of the accounting change and.the general' dollar magnitude of the change to reflect the sum of all increases and-the sum of all-decreases -for all contracts containing, the Cost Accounting Standards clause or the Disclosure and consistency of Cost Accounting 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 chance to cost accounting practices proposed in accord-ance with paragraphs (a)(4)(B), (a)(4)(C) of the Cost Accounting Standards 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 other date as may be mutually agreed to) prior to the effective date of the Proposed change; or (3)
For any failure to comply with an applicable Cost Accounting 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 Disclosur.-
and Consistency of Cost Accounting Practices clause within 60 days (or such other date as may be mutually agreed to) after the date of agreemnt of such noncomplia'nce by the Contractor.
(b)
Submit a cost impact proposal in the fom and manner specified by the cognizant C:ntracting Officer within sixty (50) days (or such ciner date as may be mutually agreed to) after the date of detemination of the adecuacy and ccmpliance of a change submitted pursuant to (a) (1), (2), or (3), above.
(c)
Agree to apprcpriate contract and subcon.ract a..end. ants to reflect adjustments established in accordance with paragraphs (a)(4) and (a)(5) of the Cost Accountine Standards clause or with paracraphs (a)(3), (a)(4), or (a)(5) of the Disclosure and Consistency of Cost Accounting Practices clause.
(d) When the subcontract is subject to either the Cost Accounting Standar clause or the Disclosure and Consistency of Cost Accounting Practice clause so state in the body of the subcontract and/or in the letter of award.
Self-deleting clauses shall not be used.
(e)
Include the substance of this clause in all necotiated subcontracts cuntaining either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause.
In addition, include a pro-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 follcwing infor ation to the Contract "dministraticn Cf fice C:cniz ar.:
of the subc:ntractor's facility.
Contract 'N3.- NRC-T)f-~83-035
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e Administration. of Cost Accounting Sta.dards (1-3.1204-1(b)) Cont'd.
(1) Subcontracti2F's name and subcontract number.
(2)
Dollar amount and date of award.
(3) Name of Contractor making the award.
(4) A statement as to whether the subcontractor has made or proposes to make any changes to accounting practices that affect prime contracts or subcontracts containing the Cost Accounting St.ndards clause or Disclosure an.
Consistency of Cost Accounting Practices clause unless such changes have already been reported.
If award of the subcontract results in making a cost accounting standard (s) effective for the first time, this shall also be reported.
(f) For negotiated subcontracts containing the Cost Accounting Standards clause, require the subcontractor to comply with all Standards in effect on the date of final agreement on price as shown on the subcontractor's signed Certi" ;
of Current Cost or Pricing Data or date of award, whichever is earlier.
(g) In the event an adjustment is required to be made to any subcontract hereunder, notify that Contracting Officer in writing of such adjustment and agree to an adjustment in the price or estimated cost and fee of this contract, as appropriate, based upon the adjust:r.ent established under the subcentract.
Such notice shall be given within 30 days after receipt of the prooosed sub-contract adjustment, and shall include a pr::osal for adjus. ment to su:h hif tier subcontract or prime contract as appropriate.
(h) 'n"nen either the Cost Acccuntinc Standards clause or the Disclosure an consis:ency of Cost Accou.ating Fractices clause and this clause are included :n subcontracts, the tenn " Contracting Officer" shall be suitably altered to identify the purchaser.
i 5.13 Cost Accounting Standard Withdrawal Cost Accounting Standard 414 -- Cost of money as an element of the cost of facilities capital -- shal.1 not be reimbursed as an allowable cost under this contract.
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Contract ao. inc-vc-oS-un
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5.14 Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177 (96 STAT, 85, 31 USC 1801) is applicable to payment of the expiration invoice under this contract and requires the payment to contractors of interest on overdue payment of the expiration invoice or improperly taken discounts.
(b)
Determinations of interest due wfil be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125.
(c)
For purposes of this clause, an expiration invoice is defined as a claim submitted for costs incurred for performance through the expiration date of a Cost Type contract.
5.15 Payment Due Date (a)
Payments under this contract will be due on 30 calendar days after the later of:
(1) The date of actual receipt of a proper invoice (original and 4 copies) to the U. S. Nuclear Regulatory Commission, Division of Accounting and Finance, Office of Resource Management, ATTN:
GOV /COM ACCOUNTS SECTION, Washington, DC 20555.
(2) The date the deliverable product (s)/ services performed are accected by the Government.
(b)
For the purpose of determining the due date for payment and for no other purpose, acceotance will be deemed to occur N/A calendar day a f ter the cate of ceiivery of the aeliserabie procuct(s j / Serv ices performed in accordance with the terms of the contract.
(c)
The date of the check issued in pajment shall te considered to be the cate pajcent is ude.
5.16 Invoice Requirements Invoices shall be submitted in an original and 4 copies to the U. S. Nuclear Regulatory Cormission, Division of Accounting and Finance Office of Resource GOV /COM ACCOUNTS SECTION, Washington, DC 20555.
To ton-Management, ATTN:
stitute a proper invoice, the invoice must include the following informatioc, and/or attached documentation:
i (1)
Name of the business concern and invoice date.
(2)
Contract number or other authorization for delivery of
- rcser:y or services.
(3)
Description price and quantity cf ;ccperty ad ssrvices actually delivereo or rendered.
Contract N]. NRC-02-83-035
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Page 33 of 33 (4) Shipping and payment items.
Name (where practicable), title, phone number, and complete (5) mailing address of responsible official to whom payment is to be sent.
Other substantiating documentation or information as required (6) by the contract.
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