ML20032A496

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Contract: Inservice Insp Courses, Awarded to Rockwell Intl Corp
ML20032A496
Person / Time
Issue date: 09/15/1981
From: Brindley J, Morton K
NRC OFFICE OF ADMINISTRATION (ADM), ROCKWELL INTERNATIONAL CORP.
To:
Shared Package
ML20032A495 List:
References
CON-FIN-B-1274, CON-NRC-05-81-243, CON-NRC-5-81-243 NUDOCS 8110300198
Download: ML20032A496 (17)


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is. rAmtur wiu se mAoz er coorl U. S. Nuclear Regulatory Commission U. S. liucler-Regulatory Conmission Office of Inspection and Enforcement Office of the Controller ATTN:

Mr. E. Fox Division of Accounting Wmihinq1onA_DC_20555 W hington. nr 9accc 10 U.s C. 2304 l.)l l

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d. ACCOUM8NG AN!J ArtaOPBI AT60N DA1A 31X0200.301 B&R No. 30-19-03-03 FIN fl0. B1274

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THE COMMISSION HEREBY ACCEPTS YOUR OFFER TO PRESENT " INSERVICE INSPECTION COURSES" IN ACCORDANCE WITH YOUR PROPOSAL DATED APRIL 28, 1981, AND AS AMENDED JUNE 29, 1981.

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9/15/81 Kellogg V. Mortun ager Contracts & Proposals cQo.h 8110300198 e10915 -

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Contract N3. NRC-05-81-243 Page 2 of 3 I.

ARTICLE II - PERIOD OF PERFORMANCE, is revised to read as follows:

"The period of performance under this contract is from September 14, 1981 through February 3,1984."

1 II. ARTICLE III - CONSIDERATION AND PAYMENT, is revised to read as follows:

"In full consideration of the Contractor's presentation of the Inservice Inspection Course, November 16, 1981 through November 20, 1981, NRC will pay the Contractor the sum of $6,400.00 in accordance with ARTICLE VII of the General Provisions entitled ' Payments.'

Payment will be made on a per course basis at the comple-tion of each course.

The NRC will render payment to the Contractor in approximately thirty (30) days after receipt of proper and correct invoices or vouchers."

III. ARTICLE IV - PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION, is deleted in its entirety.

IV. ARTICLE V - KEY PERSONNEL, is revised to include the addition of the names of the following individuals:

Edwin V. Martindale Frank A. Pimentel V.

ARTICLE VII - PROJECT OFFICER, is revised to include the addition of the name of the following individual:

"Edwin F. Fox, Jr. of the NRC's Office of Inspection and Enforcement is hereby designed as the Contracting Officer's Project Officer (PO) for the technical aspects of this contract."

VI.

ARTICLE VIII - CONFLICT OF INTEREST," paragraph (c) Work for Others, is deleted.

The balance of ARTICLE VIII remains unchanged.

VII. ARTICLE X.- GENERAL PROVISIONS, the following additional changes are made:

Delete ARTICLE 37 of the General Provisions entitled "Patant Indeminity."

Delete ARTICLE 43 of the General Provisions entitled " Work for Others."

e Contract No. HRC-05-81-243 Page 3 of 3 VIII. A new ARTICLE XI is added as follows:

" ARTICLE 71 - PROTECTION OF CONTRACTOR'S COPYRIGHTED MATERIAL

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It is agreed that no rights are granted by the Contractor in any material copyrighted by the Contractor and delivered under this contract, and the Contractor retains the exclusive right

..ith respect to such copyrighted material to reproduce, prepare derivative works, distribute copies, perform, display, and to authorize others to do so."

IX. A new ARTICLE XII is added as follows:

" ARTICLE XII - OPTION FOR ADDITIONAL COURSES This contract has an option for the presentation of additional courses in Inservice Inspection Courses as described in ARTICLE I - STATEMENT OF WORK.

The consideration to be provided the Contractor for performance of the work set forth in this option shall be in accordance with Contractor's proposal dated April 28, 1981, and as amended June 29, 1981, as follows:

A.

Inservice Inspection Course (January, 1982) - $6,640.00 B.

Inservice Inspection Course (January, 1983) - $7,440.00 C.

Inservice Inspection Course (January, 1984) - $8,330.00 This option shall be exercised by the Contracting Officer who will provide notice of same to the Contractor in writing sixty (60) days prior to the scheduled date for presentation of the Course.

It is expressly understood and agreed by the parties hereto that regardless of custom and usage in adminstration of this contract, only the Contracting Officer may give notice exer-cising the option as prescribed by this ARTICLE."

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RFP-RS-01E-81' c43 Page 19 of 32 PART III CONTRACT SCHEDULE ARTICLE I - STATEMENT OF WORK A.

INTRODtlCTION The Nuclear Regulatory Commission (NRC) has identified a need to provide Office of Inspection and Enforcement (IE) inspectors with the detailed technical training in inservice inspection technology and codes necessary to prepare them for indepth inspections of NRC licensed facilities undergoing inservice inspection.

B.

OBJECTIVE, The objective of this contract is to present training courses designed to provide the student with the following:

a clear understanding of the content and principal requirements 1.

of the applicable inservice inspection regulations, codes.

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standards, and regulatory guides taught in the course; a good working knowledge of the proper and acceptable methods 2.

of inservice inspection of a nuclear power plant; and sufficient overall understanding of inservice inspection 3.

practices and the applicable regulations, codes, standards, and regulatory guides to observe, evaluate and determine whether or not inservice inspection activities are being performed properly and in accordance with accepted practices.

C.

SCOPE The scope of this effort includes contractor provided instructions in inservice inspection as identified in the Objective statement above and i

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outlined in the Proposed Course Outline.

The Inservice Inspection Course is designed for a presentation of five (5) days in duration.

Class The course may be modified to provide afternoon study time.

size will be limited to 15 students per session.

The use of video The courses are to be designed for live instruction.

tapes and movies will be considered acceptable only if they are of short f

duration (length of less than 30 minutes), and are used sparingly and only for purposes of reinforcing live instruction.

Any intended usage i

of video tapes and/or movie films must be identified and approved by l

the NRC in the detailed course outline. The use of video tapes and/or l

j movie films might include actual inservice inspection activities, etc.,

to show proper and improper conditions.

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RFP-RS-0IE-81-243 Page 20 of 32 D.

REQUIRED CONTRACTOR EXPERTISE a.

Must have an engineering and/or training staff that has a demon-strated capability in inservice inspection including an indepth knowledge of the regulations, codes, standards, and regulatory guides that are pertinent to the inservice inspection of nuclear power plants, U at has a th b.

Must have an engineering and/or training staff demonstrated capability and experience in the teaching of inservice inspection activities to Bachelor's level engineers.

c.

Must have demonstrated capability in the production of training course (technical) texts and training materials.

d.

Items 3. through c. above must be substantiated by submission of resumes identifying the persons to be assigned to teach the courses.

E.

WORK STATEMENT The contractor shall furnish the necessary qualified personnel, classrocm and laboratory facilities, equipment, materials, texts and services to provide NRC inspectors with a working level knowledge of technology and regulations, codes, standards and regulatory guides as pertains to inservice inspection of nuclear power plants.

Specifically, the contractor shall teach the following courses:

a.

Course Title and Description

" Inservice Inspection Technology and Codes" This course consists of five days of instruction in the detailed techniques and procedures for inspecting in progress and results of inservice inspections and is designed to provide NRC Inspection and Enforcement inspectors with the knowledge required to effectively determine that inservice inspection requirements are being fulfilled.

The course will also provide up-to-date information on advanced ultrasonic testing procedures to ensure inspectors have the requisite knowledge to conduct inspections.

l Mrior to contract award, offerors determined to be in the final competitive range may be requested to demonstrate key instructor teaching skills through a brief (15 min.) presentation to NRC representatives.

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RFP-RS-01E-81-443 Page 21 of 3 2 b.

Examt 11 ions The participants in the course are to be evaluated via a written.

final examinai. ton (preferably essay type questions) at the conclusion of each course to verify that they have attained the proper level of understanding of the course material.

The participants will consist of engineers who are to be assigned recponsibility for inservice inspection of nuclear power plants.

Final exams will be submitted for review and approval by the NRC Project Officer prior to presentation of the course. The contractur will be responsible for preparing, administering and grading the final written examinations on the course, and providing results to NRC.

3 c.

Course Texts 1

The contractor shall provide each student taking the course with

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a course text, notebook, appropriate handouts and applicable regulations, codes, standards and regulatory guides.

The contractor shall also provide each student at least 15 days in advance of the course with a required reading list and any supplementary study material necessary to prepare him for the

Course, d.

Classroom and Laboratory Facilities The contractor shall provide the classroom and laboratory i

facilities with the necessary equipment for the presentation of the courses.

e.

Report Requirements (1) Letter Report (3 copies) upon completion of each course conducted to include as a minimum:

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(a) A technical report of the conduct of the course with recommended changes in curriculum, pre-course study, etc.

(b)

Results of the examination at the conclusion of each Examination results shall not be released to course.

any individual other than the NRC Contracting Officer's Authorized Representative (COAR). The contractor shall hold such information in confidence and except as may be necessary under the terms of this contract, the contractor shall not directly, indirectly, or otherwise, use, disclose, duplicate or disseminate the information in whole or in part to any other person or organization.

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RFP'-RS-01E-81 -243 Pag) 22 of 32 1

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Summary Report of :;tudent evaluations on ea'ch course.

(2) At least' thirty (30) ~ days prior to conducting leach course, the,cogractor shall provide a.' tentative course schedule, -

proposea final ?xamination,'and. required. reading list to the NRC Proje:t Officer for approval. A final course schedule may be given to the student on first day of classes.

f.

Cost Preparation and Proposal Detail (1) Because of the possibility'that any give.n course may not be scheduled, the contractor should provide costs on a

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per course basis and the cost differences, if any,1for a minimum and maximum number of courses.

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S eptembers21-25,1981

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RFP-RS-0IE-ul-243 Page 23 of -32 IN-SERVICE INSPECTION COURSE Proposed Course Outline Day I AM Review of Easic Ultrasonics New Ultrasonic Developments Ur Equipment Capabilities and Failings Pertinent Equipment Demonstrations Day I.

PM ASME CODE of Section V Articles IV and V (As they relate to Section XI)

Appendix I of Section XI appendix III of Sect.1on XI IWB-3000 of Section XI (Evaluation)

Equipment usage in relation to the above most particularly as concerns calibration Day.II AM Safe end-MaterialsSection XI and In-service Pressure. Piping - Butt Welds Techniques currently in use Day II PM 1

Pressure Vessel Flange Ligament Primary Pump Flywheel Day III AM Nozzle Inner Radii Nozzle Inner Bore 1

l Day III PM Stud Bolts, Nuts, Etc.

Flange to Shell Weld l

Day IV AM Pressure Vessel Welds Support Skirt Attachment Welds Day IV PM

' Large Bolts, Cap Screws, etc.

Closure Head Stud Nuts f

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RFP-RS-01E-81-243 Pag 2 24 of 32 IN-SERVICE INSPECTION COURSE Proposed Course Outline t

Day V AM Section XI and In-service

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-Mechanized Vessel Inspection Day V PM Comprehensive Review Oral and Written Examination (Includes essay type questions)

Examination Review Course Critique e

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t RFP-RS-L.c-81-243 Page 25 of 32 ARTICLE II - PERIOD OF PERFORMANCE The performance of work described in ARTICLE I hereof shall commence as of the effective date of this contract, or as agreed upon, and shall continue to competion thereof, estimated to occur with months after said contract.

ARTICLE III-CONSIDERATION AND PAYMENT i

In full consideration of the Contractor's performance hereunder, NRC shall pay the Contractor the sum of $

in accordance with ARTICLE 7 of the General Provisions, entitled " Payments."

Payment shall be made on a per course basis at the completion of each course.

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RFP-RS-0IE-81-243 Paga 26 of 32 ARTICLE IV

- 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 infonnation, documents and material furnished by the Comission to the contractor in the performance of this contract, or information develnped 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 Comission 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 perfonnance of this 4

contract.

d.

The con.cactor shall be responsible for safeguarding from unauthorized dis-closure any information or other documents and material exempt from public disclosure by the Comission's regulations and made available to the con-tractor in conr.ection with the performance of work under this contract.

The contractor agrees to conform to all regulations, requirements, anc directions of the Comission with respect to such material.

C.

The contractor's duties under this clause shall not be construed to limit or affect in any way the contractor's obligation to conform to all security regulations and requirements of the Comission pertaining to classified information and material.

4 ARTICLE V

- KEY PERSONNEL Pursuant to this ARTICLE (Key Personnel), the, following individusis 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 substantially equal abilities and qualifications satisfactory to the Contracting Officer.

ARTICLE VI

- TECIINICAL 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 of I

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 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 De delivered by the contractor to the Govern.nent under the contract.

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I RFP-RS-0IEL.-243 Page 27 of 32 B.

Technical direction must be withirt 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 in 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 the contract.

C.

ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WP.lTING 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 provisions 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 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 ac:ordingly.

Upon receiving such notification from the contractor, the Contracting Officer shall issue an appropriate contract modification or advise th' :ontractor in writing that, ir. the Contracting Officer's opinion, the technicai direction is within the scope of 'his article and does not constitute a change under the Changes Clause.

l D.

Any unauthorized commitment or direction issued by the Project Officer may l

result in an unnecessary delay in the contractor's performance, and may I

dven 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."

RFP-RS-01E-81-243 Paga 28 of 32 AR T 1 CL E V I I - P,RO,J_E,C,T, O F F_l,C_E R_

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 requirements; (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.

Withir the purview of this authority, the Project Officer is authorized to review all costs reauested for reimbursement 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 pjdance 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 expres:;ed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.

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RFP-RS-Oim-81 -243 Paga 29 of 32 ARTICLE VIII - CONFLICT OF INTEREST (a)

Purpose.

The primary purpose of this article is to aid in ensuring b

that the contractor:

(1) is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relates to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

4 (b)

Scope.

The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR 820-1.5402(f) in the 1.

activities covered by this article.

(c) Work for others.

Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect-to the work being performed under this contract.

The contractor shall ensure that all employees who are employed full time under this contract and employees designated L.

as key personnel, if any, under this contract abide by the provision of this article.

If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the Contracting Officar prior to execution of such contractual arrangement.

(d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and b'elief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 620-1.5402(a).

(2)

The contractor agrees that if after award it discovers organiza--

tional conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer.

This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.

The NRC may, however, terminate the contract for convenience if it deems such -termina-tion to be in the best interests of the government.

(e) Access to and use of infcrmation.

(1)

If the Contractor.in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or: data which has not been

RFP-RS-01E-81-243 Pag 2 30 of 32

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released to the public, the contractor agrees not to:

(1) use such information-for any private purpose until the information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first.

(iii) submit an unsolicited proposal to the government based on such information until one year after the release of such infor-mation to the public, or (iv) release the information without -

prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.

1 (2)

In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential 'or privileged technical, business, or financial information under this contract, the contractor shall-treat such information in accordance with restrictions placed on -use of the information.

(3)

The contractor shall have, subject to patent and security provi-sions of this contract, the right to-use technical data it produces-under this contract for private purposes provided that all require-ments of this contract have been met.

(f) Subcontracts.

Except as provided in 41 CFR 520-1.5402(h), the a

contractor shall include this article, including this paragraph. in subcontracts of any. tier.

The terms " contract," " contractor," and " Contracting Officer,"

shall be appropriately modified to preserve the government's rights.

(g) Remedies.

For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue-other remedies as may be permitted by law or this contract.

(h) Waiver.

A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (E00) in accordance with the procedures outlined in 520-1.5411.

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RFP-h -01E-81-243 Page 31 of 3 2 ARTICLE IX-TRAVEL RElitBURSE 1ENT The contractor will be reimbursed for the following reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer:

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1.

Per diem shall be reimbursed at a daily rate not to exceed $

The per diem amount is comprised of lodging expense plus $

2_/.

for meals and miscellaneous expense.

The cost of g/ ravel by privately owned automobile shall be reimbursed at the 2.

rate of c-per mile.

3.

The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.

4.

All corranon 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.

Receipts are required for common carrier transportation, lodging and miscellaneous items in excess of $15.00 T[ Current rate is $50.00

[/ Current rate is $23.00 3] Current rate is 22.5c i

RFP-RS-0IE-81 -243 Pagh 32 of 32 ARTICLE X - GENERAL PROVISIONS The General Provisions of this contract consist of the " General Provisions Fixed Prcie Supply Contract," dated 7/30/80, attached hereto and be this reference, made a part hereof.

Article 42, Oissemination of Contract Information, of the General Provisions is applicable to this contract.

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