ML20036A748

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Mod 16,confirming Verbal Authorizations,Modifying SOW to Include Addl Tasks,Modifying Section G.6,providing Addl Funding & Extending Period of Performance,To Regulatory Analysis for GI 23, Reactor Coolant Pump Failures
ML20036A748
Person / Time
Issue date: 01/25/1993
From: Baker L, Mattia M, Reseigh M
NRC OFFICE OF ADMINISTRATION (ADM), SCIENTECH, INC., SMALL BUSINESS ADMINISTRATION
To:
References
CON-FIN-D-1760, CON-NRC-04-87-397, CON-NRC-4-87-397, REF-GTECI-023, REF-GTECI-NI, TASK-023, TASK-23, TASK-OR NUDOCS 9305140119
Download: ML20036A748 (12)


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5 AMENDMENT OF SOLICITATIOthMODIFICATION OF CONTRACT

a. HLGutSti SON /PUHCHASL 840G. t40.
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2. AMLt<U*dtt T/MOOf f 4LA180f4 No.

Jan. 1, 1993 R0 RES-C93-030 Sixteen (16)

L ADMINISTLRLD OY Gf other ghon Jtem 6) l 4.. essuCO uv CODE-i i

U.S. Nuclear Regulatory Comm ss on

' Division of Contracts & Property Management Washington, DC 20555 9A. AMLitOMLNT OF SOL 4ClTAT4ON NO.

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's.' NAME AND ADDRESS OF CONT RACTOR (No street, county. Ne and EJP Code) a U.S. Small Business Administgo.k,. l.4h f3 PRIME:

Cd 1020 Main Street, Suite 290 f Boise, Idah( 83702 l w; " " -.

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' CATION or CON 1RACTf0RDEA SUB:

Scientech, Inc.

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1690 International Way NRC-04-87-397 Idaho Falls, Idaho 83402 le ; c....,.,

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sob. DAT LO (SEE ATEM 28)

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{ FACf UTY CODE l

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11. THIS ITEM ONLY APPL 1ES'TO-AMENOMENTSOE SOLICITATIONS i

h roosiptof Offers is extended, is not ex.

The above numbered moticiterion is amended as est forth in item 14. The hour and dele specified t d

Offers must acknowledge receipt of this amendment prior to the hour anwida tended.

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' (el By completing items 8 and 15. arid returning submitted; or (c) By eeperste letter or telegram whicts includes a reference to the moticitation and amendment num TE SPECIFIED MAY RESULT MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIP dt tl ram or letter,provided each W ism or letter mek.es referonos to the solicitetion and this _..i

12. ACCOUNT 6NG AND APPROPRtAT40N DAT A #/ aves 4redJ D1760 36019202400 B0C: 2542 31X0200

$60,000.00

13. THIS ITEM APPLIES ON LY TO MODIFICATIONS OF CONTRACTS / ORDERS, IT MODIFIES THE CONTR6QT/ ORDER NO. AS DESCalBED IN ITEM 14.

(SM/outhorityf THE CHANGES SET FORTH IN 41LM 14 ARE MAOC SN THE CON.

N, A. THs5 CHAR 4GL ORDER 45155UED PURSUANT TO:

TRACT ORDER No, sN eTEM 10A.

h i paying office, 9.THC ABOVE NUMBERCO CONTR ACT# ORDER IS MOO 4FICO TO REFLECT THE ADMINISTRATfvE C 03(ti).

appropriation date,etc.) SET FORTH 8t4 ITEM 14,PUR5UANT TO THE AUTHORITY OF FAR 43.1 C. THIS SUPPLLMENT AL AGREEMENT 45 ENT ERED 4N TO PURSUANT TO AUTHORIT Y OFs D.OT HER (Spec 4/y type of snodatestuon and outhority)

X Changes Clause 52.243-1 2 _ Cop;,,,, in, ;,,o;n, og,3c,.

E.IMPORTANT: Contractor O isnot, x is,equired to sign this eOcurnent and return _

t auidect masder sahere (easidde.)

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-24. Oc5CR Pi,0N OF AMENOMENTfuODIF GCAT 60N (Orrenfred by UCPerction headants,includang solichataon/ con rac SEE ATTACHED PAGES 0

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SB-08710203 Modification No. 16 Page 2 of 5 The purpose of this modification is to:

(1) confirm verbal authorization i

provided to June Bauer regarding a one week no-cost extension (1/1/93 -

l 1/8/93), (2) modify the Statement of Work to include additional tasks which i

falls withiriethe existing contract scope, (3) modify Section G.6, Indirect Rates, to include rates applicable for the period 1/1/93 - 6/30/95, (4) provide additional funding which increase the obligated and ceiling amounts, l

(5) extend the period of-performance through June 30, 1995, and (6) to i

provide for administrative changes.

Accordingly, the contract is hereby modified as foll.ows:

1.

Section B.1, Consideration and Obligation, is revised to increased the total ceiling amount of the contract by $91,798.00 from $399,708.79 to

$491,506.79. A breakdown of the total contract ceiling amount is as l

follows:

1

$ 33,930.00 Fixed Price for basic contract effort Cost ceiling for Additional Support - Task 8

$ 5,425.00 specified in Section C Cost ceiling for travel associates with Additional Support - Task 8

$ 2,592.00 Cost-Plus-Fixed-Fee for performance of Task 1 through 5 added to the contract under Modification No. 3 ($40,170.00 represents reimbursable cost and $3,615.00 represents fixed fee)

$ 43,785.00 Cost-Plus-Fixed-Fee for performance of Tasks added to the contract under Modification No. 5 ($90,341.00 represents reimbursable cost and $7,227.00 represents fixed fee)

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$ 97,568.00 Cost-Plus-Fixed-Fee for performance of Tasks added to the contract under Modification No. 7

($113,610.09 represents reimbursable costs and $10,225.00 represents fixed' fee)

$123,835.00 Cost-Plus-Fixed-Fee for performance of Tasks added to the contract under Modification No. 12 (531,981.00 represents reimbursable costs and~

$2,788.00 represents fixed fee)

S 34,769.00

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i NRC-04-87-397 58-08710203 j

Modification No. 16 Page 3 of 5 Cost-Plus-Fixed-Fee for. performance of Tasks added to the contract under Modification No. 13 i

($13,98.4.00 represents reimbursable costs and j

$1,231.00 represents fixed fee)

$ 15,215.00 I

Cost-Plus-Fixed-Fee for performance of Tasks j

added to the contract under Modification No. 14 i

($39,073.20 represents reimbursable costs and

$3,516.59 represents fixed fee)

$ 42,589.79 i

l Cost-Plus-Fixed-Fee for performance of Task l

added to the contract under this Modification i

No. 16 ($84,286.00 represents reimbursable costs and $7,512.00 represents fixed fee)

$ 91,798.00 t

2.

Section B.1 Consideration and Obligation is revised by adding the following paragraph:

"The amount presently obligated by the Government with respect to this contract is $459,708.79.

It is estimated that the funds provided by j

l this modification are sufficient to cover performance through' June 30, 1994."

3.

Section C.1, Statement of Work, is modified to include the additional tasks identified in the attached Statement of Work (see Attachment No. 1). The contractor's proposal dated -December 29, 1992 is hereby incorporated by reference.

j 4.

Section F.4, Duration of Contract Period, is deleted in its entirety and th'e following is substituted in lieu thereof:

" F. 4 Duration of Contract Period This contract shall c4 wence on March 2, 1987 and shall expire on June 30,1995."

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SB-08710203 Modification No. 16 Page 4 of 5 5.

Under Section G.6, Indirect Rates, the following rates are hereby added to Paragraph a.:

Category Rate (%)

Cost Base Applicable Period Overhead 88.85%

Direct Labor 1/1/93 - 1/31/93 90.00%

Direct Labor 2/1/93 - 1/31/94 92.11%

Direct Labor 2/1/94 - 1/31/95 92.31%

Direct Labor 2/1/95 - 6/30/95 G&A 12.00%

Cost & Overhead 1/1/93 - 1/31/93 12.43%

Cost & Overhead 2/1/93 - 1/31/94 13.23%

Cost & Overhead 2/1/94 - 1/31/95 14.06%

Cost & Overhead 2/1/95 - 6/30/95 i

6.

Section I, Contract Clauses, is modified by adding the following clauses, attached hereto and forming a part of this modification:

"I.2 PRICE OR FEE ADJUSTl1ENT FOR ILLEGAL IMPROPERTY ACTIVITY (FAR 52.203.10) (SEPT 1990) (see Attachment No. 2).

1.3 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (FAR 52.222-18) (MAY 1992) (see Attachment No. 3)."

l All other terms and conditions of this contract remain unchanged.

j A summary of obligations for this contract, from award date through the date of this action is given below:

Total FY 87 Obligation Amount:

$ 85,732.00 Total FY 88 Obligation Amount:

$142,568.00 Total FY 89 Obligation Amount:

$ 78,835.00 Total FY 90 Obligation Amount:

$ 49,984.00 Total FY 91 Obligation Amount:

00.00 Total FY 92 Obligation Amount:

$ 42,589.79 Total FY 93 Obligation Amount:

$ 60,000.00 Cumulative Total of NRC Obligations:

$459,708.79 This modification obligates FY 93 funds in the amount of $60,000.00.

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i NRC-04-87-397 SB-08710203 l

Modification No. 16 j

Page 5 of 5 k

TRIPARTITE AGREEMENT Signature Page SUBCONTRACTOR:

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N Date:

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By:

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uirn a pe-,54 n vector Conincts and Adrainistration

Title:

PRIME CONTRACTOR:

Bufess dmini rat 4n U.S. Smal By:

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Date:

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Name:

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LaDonna J1 eaker Titie:

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i PROCURING OFFICE:

U.S iucle O gulatory.

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JAN 8 1393 By:

Date:

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Name:

Mary Jo Mattia

Title:

Contractina Officer l

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ATTACHMENT No. 1 Page 1 of 2 STATEMENT OF WORK FOR MODIFICATION NO. 16 UNDER CONTRACT NO. NRC-04-87-397

Background

A package in the form of staff's current thinking on GI-23 (Reactor Coolant Pump Seal Failure) was issued for public comment.

Public comments were i

almost unanimous that rulemaking should be the vehicle for the implementation of any new requirements.

It is anticipated that a rule will be developed t,y the staff and its contractors, and a proposed resolution package will be issued for public comment again. This delay requires this contract to be extended.

The staff has estimated that an additional level of effort of 5 person-months is required over a 30 calendar month period.

Description of Work A letter report on development of a rule for reactor coolant pump seal failures is to be delivered within 6 months of the date NRC ask the contractor to begin work on the rule.

This rule is expected to be issued for public comments after the review of ACRS and CRGR.

The public comment period will then run for approximately 6 months.

After receiving public comments on rulemaking, the contractor will be needed to resolve any remaining concerns. A letter report for resolution of public comments will be drafted by the contractor and submitted to NRC within 45 days of receipt of those comments. This package will then be presented to ACRS and CRGR.

The contractor will assist the NRC staff in the ACRS/CRGR meetings to answer questions that may arise in those meeting.

NRC anticipate these meetings to be in October 1994. The package will then be finalized by the contractor and issued for implementation of the GI-23 resolution.

This final resolution is due by June 30, 1995.

Continued assistance will be needed on an on-call basis during this period.

A couple of letter reports may be required by the end of the period of performance at the request of the NRC i

Project Officer.

The due dates for these reports will be mutually agreed upon between the NRC Project Officer and Contractor.

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Meetings / Travel It is anticipated that there will be three trips to Rockville, Maryland for two days per trip fur two person.

Dates of the meetings will be provided by the NRC Project Officer.

Period of Performance

' The period of performance for the extension shall commence on January 1,1993 and continue through June 30, 1995.

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l Contract No. NRC-04-87-397 Modification No. 16 ATTACHMENT No. 1 l

Page 2 of 2 l

l Normal Process For Resolving Generic Issue The normal : process for resolving a generic issue involves a specific, predictable' schedule of tasks. The process consists of:

1.

Development of technical position for the draft resolution (6 mcnths).

2.

Review of technical position by senior technical and management committees (ACRS and CRGR)

(2 to 3 months).

3.

Draft resolution put out for public comment (6 to 8 months).

4.

Resolution of public comments by contractor (2 months).

5.

Review of public comments by ACRS, CRGR and the Executive Director (EDO)

(3 to 5 months).

6.

Finalizing the resolution of generic issue to incorporate comments (4 to 6 months).

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Contract No. NRC-

.,7-397 ATTACHMENT No. 2 Modification No. 16 Page 1 of 2 1.1 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990)

(a) The Government, at its election, may reduce the price of a fixed price type contract or contract modification and the total cost and fee under a i

cost-type contract or contract modification by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or his or her designee determines that there was a j

violation of subsection 27(a) of the Office of Federal Procurement Policy i

Act, as amended (41 U.S.C. 423), as implemented in the FAR.

In the case of a contract modification, the fee subject to reduction is the fee specified in the particular cphtract modification at the time of execution, except as provided in subparagraph (b)(5) of this clause.

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be-(1) For cost plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award; (2) For cost plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or " fee floor" specified in the contract.

(3) For cost plus-award-fee contracts (1) The base fee established in the contract at the time of contract award;

- (ii) If no base fee is specified in the contract [, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed price-incentive contracts, the Government may-(1) Reduce the contract target price 'and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or (ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officar may defer such adjustment entil establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total fina.1 contract price.

(5) For firm-fixed price contracts or contract modifications, by 10 percent of the initial contract price; 10 percent of the contract modification price; or a profit amount determined by the Contracting Of ficer from records or documents in existence prior to the date of the contract award or modification.

~ ContractNo.h( 04-87-397

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ATTACHMENT No. 2 5

Modification No.16 Page 2 of 2 (c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in +:.e subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

Ik (End of Clause)

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Contract No. NRC-0

-397 ATTAC m ENT Ho. 3 Modification No.16 Page 1 of 2 l

l NOTIFICATION OF EMP1J0YEE RIGITS CONCERNING PAYMENT OF UNION D I.2 OR FEES (li3y 1992) (FAR 52.222-18) l the Contractor agrees to post a (a) During the term of this contract, notice, of such size and in such fom as the Secretary of Labor may prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are customarily posted.

The notice shpil include the following infomation (except that the last t

sentence shdil not be included in notices posted in the plants or offices l

of carriers subject to the Railway Labor Act, as amended (45 U.S.C.

151-188)):

l Notice to Employees Under Federal law, employees cannot be required to join a union or I

maintain membersh'ip in a union in order to retain their jobs. Under certain conditions, the law pemits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic i

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dues and initiation fees. However, employees who are not union members can -

object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you believe that you have been ' required to pay ' dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further infomation concerning your rights, you may wish to contact either a Regional Office of the National Labor Relations Board or National Labor Relations Board, Division of Information,1717 Pennsylvania Avenue, mf., Washington, DC 20570.

(b) The contractor will comply with all provisions of Executive Order and related rules, regulations, and orders of the 12800 of April 13, 1992, Secretary of Labor.

(c) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (a) or (b) of this clause, this contract may be cancelled, terminated, or suspended in whole or in part, l

and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in or adopted pursuant 13, 1992. Such other sanctions or to Executive Order 12800 of April remedies may be imposed as are provided in Executive Order 12800 of April l

l 13, 1992, or by rule, regulation, or order of the Secretary of Labor, or l

as are othervise provided by law.

(d) The Contractor vill include the provisions of paragraphs (a) through (c) in every subcontract or purchase order entered into in connection with this contract unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive l

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f ATTACHMENT No. 3 odification No.16 ~

Page 2 of 2

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Order 12800 of April 13, 1992, so that such provisions vill be binding l

upon each subcontractor or vendor. The Contractor will take such action with respect to any such subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance; provided, s

however, that if the contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the contractor may request the United States to

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enter into such litigation to protect 'he interests of the United

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Contract No.87-397 k

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ATTACHMENT No. 3 iodification No. h 6 Page 2 of 2 l

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s order 12800 of April 13, 1992, so that such provisions will be binding l

upon each subcontractor or vendor. The Contractor will take such action j

with respect to any such subcontract or purchase order as may be directed j

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by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance provided, l

however, that if the contractor becomes involved in litigation with a l

subcontractor or vendor, or is threatened with such involvement, as a l

result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

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