ML20039A440
| ML20039A440 | |
| Person / Time | |
|---|---|
| Issue date: | 11/20/1981 |
| From: | Mattia M, Steele J NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE APPLICATIONS INTERNATIONAL CORP. (FORMERLY |
| To: | |
| Shared Package | |
| ML20039A436 | List: |
| References | |
| CON-FIN-B-8011-2, CON-FIN-B-8018-2, CON-NRC-03-82-096, CON-NRC-3-82-96 NUDOCS 8112170600 | |
| Download: ML20039A440 (58) | |
Text
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l FIGE Or ST AND.ARD f,oaM 26. JULY 1916 m m.t si Cas A :-misien:ON AWARD / CONTRACT 1
39 re s PtOC. MG. to C7th I-16. 01
- n. CONTRACT (Psus. lisd. Idttf.) NO
- 2. Eff tCTivt Daft
- 3. EtcuisifiONPURCHA RtQutsi EOJECT NO.
- d. CIRTritD f oe NJ.flONI.L CtitHst UNDER 405A Ormer V etc. 2 LNo/Os DMs sto. i.
NRC-03-82 096 11/23/81 NRR-82-096 ( NRR-81-1361 aArmo-s iS5ur; sY CODE
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U.S. Nuclear Regulatory Commission
@ NAMN Division of Contracts om, (3,,
Washington, DC 20555 6,l->
- 9. oisCOUNT FOR PRomFI PAYMENT g CoNIRACToR CODE l l
FACluTY CODE {
NAME AND ADORE 55 l
NET Science Applications, Inc.
,',,"" C,;,
P.O. Box 1454
<d I'P a4)
La dolla, California 92038
- 10. SUBMIT INVOsCts (d sepiss..len es&arwise spess/st) TO ADDanss sHOWN IN BLOCK See Article 3.5 II. 5 hip TO/ MARK FoR CODE l l
- 2. PAYMENT WILL BE MADE SY CODE l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission ATTN:
Mr. Harley Silver Office of the Controller Division of Licensing Division of Accounting Washinaton. DC 20555 shington Dr 2nR;;
10 U.S.C. 2 304 (.X l
- 13. THis PtoCuaEMtHT WAs O Aavt='iseo'3 Nico'>^'io. ru'5u Nr to-
@ di u.5.C. 2s2 <<x 10 i. ACCOUNnNo ANo AmorniAnoN o^
B&R Nos.
FIN Nos.
Amounts Appropriation 20-19-10-11-1 B8011-2
$400,000.
31X0200.202 20-19-40-41-1 B8013-2
$120,000.
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SUPPtits / SE Rvicts OU A NTIT Y UNIT UNff PalCE AMOUNT tit M Technical Assistance In Support Of NRC Reactor Licensing Actions - Program III r
This is an incrementally funded Cost-Plus-Award-Fee contract si.
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b TABLE OF CONTENTS This Contract Consists Of:
1.
Cover Page (Standard Form 26) 2.
Table of Contents 3.
Schedule:
Section 1.0 Description of Work Article 1.1 Scope of Work Article 1.2 Reporting Requirements Article 1.3 Level of Effort Section 2.0 Performance and Delivery Article 2.1 Period of Performance Article 2.2 Place of Performance Section 3.0 Consideration and Payment Article 3.1 Estimated Cost and Award Fee Article 3.2 Award Fee and Performance Evaluation Article 3.3 Payment of Indirect Costs Article 3.4 Payment of Award Fee Article 3.5 Billing Instructions Section 4.0 Inspection and Acceptance Article 4.1 Inspection Article 4.2 Acceptance Section 5.0 Special Provisions Article 5.1 Technical Direction Article 5.2 Project Officer Article 5.3 Key Personnel Article 5.4 Private Use and Protection of Unclassified Government Information Article 5.5 Travel Reimbursement Article 5.6 Continuity of Services Article 5.7 Government Furnished Date/(laterial I
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Article 5.8. Subcontracting. Plan for the Utilization of Small Business and Small Disadvantaged Businesses Article 5.9 Representations and Certifications - -
Article 5.10 Guidelines for Work Flow Article 5.11 Incremental Funding Article 5.12 Order of Precedence
- Section 6.0 General Provisions Article 6.1 General Provisions Article 6.2 Alterations to General Provisions 4.
List of Documents and Attachments 1
General Provisions
- Attachment 1 PATS
- Attachment 2 Award Fee Determination Plan - Attachment 3 Sample Voucher
- Attachment 4 e
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CONTRACT SCHEDULE 2
Section 1.0 Description of Work Article 1.1 - Scope of Work.._
A.
General Description Independently, and not as an agent of the Government, the contractor shall i
manage and perform up to 360 technical evaluations in support of NRR Reactor l
Licen' sing Actions associated with the seven general areas listed below. The 1
evaluations will relate to the specific topics described under each genera)
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area or to similiar specific topics of equivalent compicxity. The contractor i
shall document each technical evaluation by submitting to the NRC a written plant specific Technical Evaluation Report.
The types of licensing actions considered within the scope of this contract shall include the full spectrum of NRC licensing activities as it relates to specific plants including: Construction Permit and Operating Licensing Applicationst Operating License Amendment applications, impicmentation of new or revised 4
regulatory requirements; the application of information resulting from research or other technological advancements; the implementation of Three Mile Island accident lessons learned requirements, and Systematic Evaluation Program evaluations.
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B.
Specific Topics I
l 1.
Reactor Systems Engineering
- a. Reactor Vessel Overoressure Protection I
l Incidents have occurred at pressurized water reactors involving over-pressurizing the reactor vessel while the reactor was.in a solid cold i
shutdown condition.
The NRC staff has required that licensees propose l
plant modifications to provide'.in overpressure mitigating system and i
technical specifications to govern the availability and ope' ration of the mitigating system.
The systems proposed generally include electrical 4
i control and mechanical pressure relief f eatures.
The contractor vill i
review the licensees proposals for compliance with NRC criteria and model j
technical specifications.
b.
conversion to standard Technical specifications Each nuclear power plant operating license is restricted by a set of specifications for safe operation referred to as the plant technical
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specifications.
These specifications include requirements for the j
minimum number of safety systems which cust be operable in the various i
permissibic modes of plant operation and other general safety
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i requirements.
The NRC staff has developed a set of standard technical l
specifications for each of the major types of licensed power reactors.
Nowever, these standard technical specifications have not been backfitted across the board to all existing reactors.
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r Licensees occasionally propose amendments to existing technicalIn for operating convenience and improved safety.
I addition the NRC staff has instituted a program for the orderly Specifications conversion of existing plant ' technical specifications to standard technical specifications all reactors when practical.
The contractor will review proposed individual technical specification amencrents and complete conversions of technical :.pecifications for compliance Proposed deviaticns with the NRC standard set for the type of reactor involved.
from the NRC standard technical specifications will be evaluated from anPla overall nuclear safety systems point of view.
for the standard technical specifications will be evaluated against the individual plant systems design.
Boron Solubility Ourino Lono Te'm Coolino Followino a LOCA c,
During long ters cooling following a LotA, the ccncentration of boric acid in the reactor vessel should be maintained below the solubility limits to avoid precipitation by providing a flushing ficw of coolant through the reactor vessel. This flushing is,accceplished either by simultaneous cold and hot leg injections of coolant, or by simultaneous Either method is cold leg injection and hot leg suction of coolant.
acceptable; hcwever, areas of concern have arisen on the long terol Five CE plant owners (Millst:ne 2, acceptability of these methods.
St. Lucie 1, Palisades, Ft. Calhoun 1, and Calvert Cliffs 1 and 2) have The contractor will review been requested to address these concerns.
the responses of the licensees, Electrical Encineerino_
2, Status /4nnunciator and Indication Instrumentation Power Su::civ Svstems a.
Safe c:eration of a nuclear plant raquires that sufficient infomation be available to operators at all times to bring ;.he plant to a safe shutdown condition in the event of a loss of offsite power or some other emergency.
The contractor will review infomation provided by the licensees to detemine if the pcwer supply and bus arrangements for the status annunciator systems and indication instrumentation are adequate to assure that at least one channel of information is available at all times. The power supply system status annunciator system will also be reviewed to deter =ine if it is adequate to assure that the operators will be aware of any degradation which may have
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occurred.
Decraded.Voltace of Offsite and Onsite power Distribution System and Interaction b.
of ale Offsite ano Onsite Emergency ?cwer Systems We contractor will revitw and evaluate licensee's submittals c:acern$ng onsite emergency power and distribution systems to assess the susceptibility of the associated redundant safety-related electrical equipment to:
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- 1) Sustained degraded voltage conditions at the offsite power source.
2)
Interaction of the offsite and onsite emrgency power systems.
3') Voltace drop of the-offsite and onsite pcwer distribution systems.
Tne cont. actors evaluation will be based on criteria and positions established' by the NRC staff.
c.
RPS power Sucolies
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During the review of Hatch 2. operating license application,.NRC ouestioned i
the capability of the Class 1E reactor, protection system (RPS) (and other
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Class 1E systems and components powered from the RPS power supply) to accomdate the effects of possible sustained abnorcal voltage and freq-uency conditions from the non-Class 1E supply.
Tnese abnormal power i
conditions could be caused either by corrbinations of undetected single failures or by multiple failure c'aused by earthquakes.
These abnormal power conditions could result in darage to the Class 1E systems and cocoonents with the attendant potential loss of capability to perfom their intended safety function.
NRC has determined that all SWRs may be vulnerable to the same potential failure as Hatch 2.
GE.has proposed a design in conceptual form which" will resolve NRC's concerns.
Tne proposed ::odifications consist of the addition of two Class 1E " protection packages" in series between each motor generator set and its respective RPS bus, and the addition of two similar packages in series between the alternate power source and the RPS bus.
Each pro-tective package would include a breaker and associated overvoltage, undervoltage, and underfrequency relays.
Each r stective package would be testable and seismically qualified as Class 1.. equipment.' Some facilities may adopt the GE design; others are proposing plant-specific rodifications.
The contractor will review the submittais of the licensees which request installation of the protective packages to make sure that they meet NRC criter1a.
d.
Diesel Generator Reliability Operation of a nuclear plant requires that the diesel generators supplying onsite emrcency power are available on demand for safe shutdown of the reactor in the event of an accident or loss of offsite power.
A. report has been completed NUREG/CR-0660, " Enhancement of Onsite Emergency Diesel.
Generator Reliability." This report addresses operating experience problems that have had an effect on the reliability and availability of onsite emergency diesel generators at various nuclear plants, and recoundations for corrections of these problems.
The report identifies thirteen problem
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.h areas which, with one exception, are generic to all emergency generator installations.
The one exception applies to plants using emergency. genera-tors driven by diesel engines manufactured by the Electro-Motive Division of General-Motors - (EMD-GM).-
Information requests concerning these recommend-ations have been forwarded to all licensees of operating plants.
The licensees will respond to these requests stating how they meet or will meet the recomm.endations.
The Contractor will evaluate these responses to assure
. that each licensee has complied with and will implement the recommendations of NUR~G/CR-0560.
3.
Mechanical Encineerine and Eouicment Oualification a.
Electrical and Mechanicil 'Ecuicment Environmental Oualification The NRC staff has underway a program to systemstically evaivate the ability of safety related equipment to function in the severe hostile environment it could be exocsed to during a design basis accident (e.g., LOCA Main Steam Line Break).
The licensees and applicants for licenses are submitting documentation (topical reports, ftest reports, etc.) to demonstrate the ability
'of the equipment to function as required.
The contractor will review this doc = mentation for compliance with NRC criteria.
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b.
Seismic and Vibration Ecuiccent Qual ~ification Equipment important to safety must be qualified.to function in any vibratory environment that could result from normal cperation or a seismic event. The utility licensees and applicants for licenses are required to provide data j
and analyses to denonstrate the o,ualificatica of this equipment. The contractor will review the licensees and applicants submittals for compliance with NRC criteria using a set of review guidelines develcped by the NRC for different classes of plants.
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The review guidelines will, be based on Regulatory Guide 1.100, IEEE Std. 344-1975, and the NRC Standard Raview Plan Secticns 3.9.2., 3.9.3, and 3.101 c.
PWR Feedwater Line Cracks Cracks, cracklike indications, or fabrication defects have been found in the vicinity of feecwater no :les at pressuri:ed watar reactors.
The primary cause of cracking is thermal fatigue due to significant temperature differenc.es between the top and bottom of the pipes when' the facilities are at hot standby conditions and during startup and shutdcwn when 'he feedsater heaters are not being used.
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The NRC PWR Pipe Crack Study Group has investigated the safety imolication of this cracking incidence and will reco:mmnd both short term and long term corrective actions.to minimi:e the potential -for further cracking.
Tne contractor will review the applicants / licensees _
surveillance programs to ensure that both short term and long tenn corrective.
measures to be reco mnded by the Pipe Crack Study Group are appropriately included in t!1eir suneillance procrams. This work will require a strong background in the. areas of stress and fatigue analyses, themal hydraulics and reactor system operation, materials engineering, and ASME Code Sections III and XI.
d.
BWR Fee &ater Nozzle and Control Rod Drive Return Line (CRDRO No::le Crackino Cracking in feedwater no::le blend radius or bore region has been observed over the past few years in the majority of operating SWRs with fee &ater no::le/
sparger systems.
The initiation of cracking is due to hich cycle fatigue caused by fluctuations in water te=perature within the vessel in the sparcer-no::le region during periods of icw feedwater temperature when the ficw may be unsteadv and intermittent. Once initiated, the cracks are driven deeper by the larger pressure and themal cycles associated with startup and shutd::wn.
Cracks similar to those found in feecwater no::les were also detected in CRDRL no::les.
The cause of cracking ap: ears to be themal fatigue.
The resolution of these issues was recently published in NUREG-0519 which contains the staff positions-on implementation of. corrective smasures. The contractor wf11 review the applicants / licensees surveillance program to
~ nsure that the reco:: mended corrective actions will be implemented. The econtractor should have expertise in the areas of stress and fatigue aa:1yses, reactor system operation. and materials engineering. Some knowledge of ASME Code 5 actions IIi and XI is also desirable.
e.
Piping and Support Reanalysis There have been sev ral cases over the past couple of. years where' licensees i
have been required to perfom piping and upport reanalyses.
These cases
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resulted from the dis:overy of either incorrect modeling assumptions or i
cc:puter code errors.
To resolve this type of problem the licensee must make an assessment of the extent of problem, obtain either verified modeling data or computer codes, perfom reanalysis of the affected piping and supports and make any required field modifications.
The contractor will be required to review and evaluate the inforretion sub.itted by the licensee to document the appropriateness of his' actions. This work will require a strong background
, in piping analysis and support design and experience in the application of '
the ASME Code,Section III.
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- 4, Materials Enoineerino a
Str-ss Corrosion Crackino in.3WR Pressure Boundar.y Pioine a.
Leaks and cracks in the heat-affected zones of welds that join austematic stainless steel piping and associated components in SWRS have been observed in 304 stainless steel with diameters of-8 inches or less. The incidence of cracking has also been observed in some -larce-diameter-(>20-inches) stainless
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steel piping in a foreign country.
All the cracks were attributed to intergranular stress corrosion cracking (IGSCC) due to the combination of high local stress, sensitization of material, and high oxygen content in the water.
The NRC staff will shortly issue an implementation docurrent. NUREG-0313, Revision 1, which sets forth the revised acceptable mthods to reduce the IGSCC suscept.ibility of BWR Code Class pressure. boundary piping.
Contractor personnel with a strong backcround in stress corrosion cracking problems and inservice inspection of iluclear piping will review the BWR applicants /
licensees technical specifications to determine if they comply with the staff's positions to be specified in NUREG-0313, Revision 1.
5.
Radiolocical Encineerino and Health Physics
- a. Radiolecical Effluent Technical Scecifications (RETS) Imolementation for Oceratino Reactors The technical specificaticns which govern the operation of a pcwer reactor preser.Py include limits on the amount of radioactivity which nay be released in effluents. Those technical specifications fcr operating pcwer reactors must be amended to imolemnt the requiremnts of 10 CFR Part 50, Apoendix I and 40 CFR Part 190'.
The NRC staff has sent the model standard P.ETS to operating reactors as an example of an acceptable method of imple-mentation. The operating reactor licensees have submitted proposals to amend their technical specifications.
The RETS include specifications on effluent monitoring, environmental radiological monitoring, and radwaste equipment operation. Also, the RETS are supported by an Offsite Dose i
Calculational P.anual and a (Solid Radwaste) Process Control Program.
one contractor will review the licensee's proposed amnd.ents and supporting doc =ents for ccmpliance with NRC criteria.
b.
Radiation Monitorino to Allow Containment Purging and Vent Value Closure During Power Ooeration The NRC is presently completing a generic review of the radiological consecuences of containment venting or purging during power operation.
The generic evaluation includes an assessment of the thyroid and whole body doses at the site boundary for the expected normal operation, for operation at the maximum permissible values of coolant activity levels and coolant leakage, and under accident conditions ranging from a
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small leak to the design basis LOCA.
Based on the donclusions of this generic study, NRC will require limitation of containment venting / purging operations to assure that the radiological consequences are within the
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-s applicable regulatory guidelines by ' appropriate tech spec's.
Depending on the specific plant parameters, operating reactor licensees may submit technical specifications which differ from the generic evalua-The contractor is to review such submittals to detannine: (a) tions.
the applicability of the generic evaluation to the specific plant and site, (b) the need to modify the generic requirements for venting /
purging, and (c) evaluate the radiological consequences of any deviations from the generic evaluation.
Radiolocical Steam Generator Reclacement Procrams c.
Steam generators at several PWRs are experiencing continued tube degradation.
The degradation has become severe enough to warrant replacement of the steam generators. These planned replacements will involve occupational doses on the order of.200 man-rems per reactor unit. The contractor will review licensees plans for compliance with NRC criteria and regulations. The review will include the preparation of Technical Evaluation Reports, Environmental Statements, and expert testimony for ASLB hearings on the subject.
The NRC criteria will be those established in the Surry and Turkey Point reviews covering such topics as:
- 1) Occupational radiation exposure estimates,
- 2) Radiological effluent estimates, and 3)
Licensee efforts to treintain occupational radiation exposure as low as is reasonably achievable.
d.
Control of Heavv Loads Over Soent Fuel pool Overhead handling systems are used to lift heavy objects in the vicinity of spent fuel in both FWRs and SWRs.
If a heavy object, e.g., a spent fuel shipping cask or shielding block, were to fall or tip onta spent fuel in the storage pool or the reactor core during refueling and damage the fuel, there could be a release of radioactivity to the environment NRC and a potential for radiation over-exposure to inolant personnel.
has initiated a generic review of the potential for such accidents at For those facilities where this review indicates all operating reactors.
that damage to spent fuel, as a result of a heavy load drop, cannot be it will be necessary to perform calculations regarding the ruled out,,l consequentes of such an accident.
Tne contractor will radiologica perfonn the radiological consequences calculations, including an analysis of the, releases resulting from the failed fuel, transport of the radio active material to the environment, and calculation of on-site and off-site deses.. The contractorwill review the licensee's submittals of the radiological consequences of such an accident.
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Post LOCA Hydrocen Control Hydrogen may be generated following a loss <>f coolant accident as a result of metal-water reactor in the core and by.'adiolysis of-water. Several methods are typically used in order _.to maintain hydrogen.at safe concentrations in the post accident containment atmosphere. These include:
i nerted atmosphere, hydrogen recombiners, and containment venting.
The contractor will calculate the radiological consequences of venting the containment for post-accident hydrogen _ control.
T.ie analysis includes the calculation of decay
- factors for a source term specified by NRC 'the transport of radioactive materials to the environment, and the resulting doses at the site boundary and low population zone uoundary.
The contractor will review the licensee's calculations of the radiological consequences of venting the containment.
The contractor will also review any licensee's proposed licensing amendments and supporting documents for compliance with NRC criteria.
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Control room layouts found in present day nuclear power plants have been designed to "accomocate the function to be performed rather than firstly relating to the human operator.
This lack of human engineering in i
cor. trol roo= design as well as procedures to be utilized during all plant operating modes can lead to undesired consecuences such as those which occurred during the TMI-2 accident.
Therefore, several types of reviews and audits must be made to assure the adequacy of current day procedures, operator training and control room design.
The contractor will review the licensee proposals for implementation of NRC criteria developed in response to the TMI Action Plans.
- a. Emeroencv Operatino Procedures Th e contractor will assist NRC in the preparation of guidelines to be
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implemented in a review of plar.: emergency operating procedures. Using these guidelines the contractor will review the procedures and prepare Technical Evaluation-Reports to document the results of their reviews.
The initial reviews will include the emergency operating procedures for such accidents as a small break LOCA. Steam generator tube rupture, Main Feecwater transient and inadequate core cooling.-
- b. Control Room Layout 4
A review of control room layouts will be performed using detailed guide-lines furnished by the Staff. The c'ontractor may be required to review and ccanent on the guidelinas before beginning the reviews.
It is antici-pated that the reviews will include the use of co= mon hucan f actors monitoring equipment (e.g., light reters, noise level indicators).
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- c. Doerator Oualifications The contractor will review licensee's operator qualification and training programs agai_nst a set of NRC requirements with specific emphasis on:
1.
Adequacy of licensee's examination program for replacement operators (see NUREG-0094, NRC Operator Licensing Guides).
Adequacy of licensee's requalification/ certification program for 2.
existing operators and training facilities.
In addition the contractor will assist the NRC in developing requirements for-licensee's training instructors and review the traininv programs for 1
co 9 1ance.
- 7. Structural Enoineerine
- a. Soent Fuel pool Modifi' cations" Modifications are frequently pr:cosed by licensees to increase spent fuel storage capacity.
The increase is acccmplished by using higher density storage racks. The new spent fuel storage rack designs are reviewed for structural design, ma:erials aspects, analysis procedures for all loads including seismic and imoact loadings, loading ccebinations and structural acceptance criteria, and quality control for the fabrication and installa-ine review is performed in accordance with Sections 3.7 and 3.8 tion.
of the Standard Review Plan and the associated branch technical pcsition on s:ent fuel storage.
The c:ntractor 4ill review the licensee proposed modification for ccmoliance with NRC criteria.
- b. Structural Reevaluations for New or Increased plant loads The staff oc:asionally finds it necessary to re-evaluate nuclear pcwer plan: structures in the light of new seismic and plant accident data.
Experience indicates that, on reassessment, seismic inouts tend to be raised and new plant accident loads are developed that' recuire the reeval-uaticn of plant structures to withstand these loadings.
The contractor will perform qualitative and quantitative assessments of the suitability of plan: structures to resist such loads as measured against current or modified ac:eptance criteria.
This work recuires background and knowledge of nuclear structural analysis procedures and industry concrete and steel design codes.and practices.
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Article 1.2 Reporting Requirement _s, s
Monthly Progress Reports No later than the 15th. day of each_ month, the. contractor shall furnish a monthly progress report of the status of the contract for the preceding month.
This report, as a minimum, shall state in a concise form:
A short description of the project and objectives; a.
b.
A brief statement of what was ectually accomplished in completing each assigned task during the reporting period; Funds authorized to date and funds expended during the period c.
and cumulative to date for man power, computer services, and other direct and indirect cost elements by program area (FIN Number *).
What is planned for accomplishment during the next reporting d.
period; Preliminary or interim results, conclusions, trends, or other e.
items of information that the contractor feels are of timely interest; Problems or delays that the contractor has experienced in f.
the conduct of his effort; Specific action that the contractor would like NRC to undertake g.
to alleviate a problem; Updated task and sub-task schedules, program milestone chart, h.
program management summary, personnel assignments and funding from those initially submitted in the pian of work and methodology.
current and projected cost per techrical evaluation task.
i.
- Distribution requirements for the monthly progress reports shall be as follows:
One copy each to members of the Performance Evaluation Board (PEB).
One copy each to individual Performance Monitors (PM's) and Lead Engineers (LE's).
(PM and LE will be designated with each Final Work Assig;."ent. )
One copy tc the Evaluation Coordinator.
One copy to tt e Technical Assistance Program Manager.
Technical Evaluation Reports (TERS)
The contractor shall prepare a report for each task assigned at the completion of his evaluation.
The contractor will be provided work packages (See Article 5.14 Guidelines for Work Flow), including:
1) licenses submittals for review, and 2) NRC acceptance criteria.
The licensee's.submittals will be reviewed to determine the adequacy of the information presented with the inf ormation requirement stated by the staff.
If the submittals are found to be incomplete, the contractor will
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i provide requests to the.NRC staff for forwarding to licensees to obtain the additional information..The contractor will determine the extent to which the licensee's design complies with criteria _provided____..
by the staff ~and document his conclusions in the TER.
All TER's will be submitted to the NRC in draft form for comment / approval before a final TER is prepared.
- Distribution requirements for any draft and final TER's shall be as follows:
One copy each to the cognizant Performance Monitor (PM) and cognizant Lead Engineer (LE) for-the applicable Work Assignment.
One copy each to the Project Officer and the Evaluation Coordinator.
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Section 2.0 Performance and Delivery Article 2.1 Period of Performance The perfort.ance of work described in Section 1.0 Article 1.1 hereof shall com.mence as of the effective date of contract and, shall-continue to completion thereof. estimated.to occur within thirty-six. (36). months.
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after said contract is effective.
Article 2.3 Place of Performance The work under this contract shall be performed at the contractor's facilities located in McLean, Virginia.
Section 3.0 Consideration and Payment Article 3.1 Estimated Cost and Award Fee 1.
The estimated cost to the Government for all' allowable costs and award fee shall not exceed $3,653,839.00 for performance of this contract.
'2.
The Contractor shall be reimbursed.for all allowable costs incurred, and accepted by the Contracting Officer, not to exceed the estimated amount of $3,321,672.00.
3.
Award fee may also be earned under this contract as provided by Article 3.2 entitled " Award Fee and Performance Evaluation."
4.
Total funds currently available for payment and allctted to this contract are $520,000.00 of which $475,711.00 represents the estimated reimburseable costs, and of which $44,289.00 represents the award fee for the period November 23, 1981 through September 30, 1932.
For further provisions on funding, see Article 5.11 entitled " Incremental Funding" and General Provision No. 5.2 entitled " Limitation of Funds."
5.
It is estimated thattthetamount of4 funds currently obligated will' cover performance through September 30, 1982.
Article 3.2 Award Fee and Performance Evaluation i
An award fee pool of $44,289.00 is hereby established.
Evaluation of award fee will be accomplished in accordance with the Award Fee Determination Plan-(AFDP) which is attached hereto and made a part herbof.
In the event this contract is terminated prior to a regularly scheduled award fee determination, the, fee to be paid to the contractor shall be an appropriate portion of any available award fee as may be determined by the Fee Determination Official (F00).
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A.
Pending the establishment of final indirect rates which shall be negotiate _d based-on audit.of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder;in accordance-with the following indirect rate schedule:
Indirect Rate Sc.hedule' Rates For The Period November 23, 1981 - January 31, 1982 Type of Rate Rate Base Fringe Benefit Direct Labor Overhead Direct Labor & Fringe Benefits General & Administrative Total Direct Cost &
Overhead Rates For The Period February 1,1982 - January 31, 1983 Type of Pate Rate Base Fringe anefit M
Direct Labor Overheac Direct Labor & Fringe Benefits General & Administrative W
Total Direct Cost &
Overhead Rates For the Period February 1,1983 - January 31, 1984 Base Rate Type of Rate i 1,
Fringe Benefit Direct Labor Overhead Director Labor & Fringe Benefits Gcneral & Administrative W
Total Direct Cost &
4 Overhead Rates For The Period February 1,1984 - November 22, 1984 Type of Rate Rate Base Fringe Benefits Direct Labor j
Overhead Direct Labor & Fringe Benefits General & Administrative Total Direct Cost &
Overhead s- -
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B.
Notwithstanding A. above, said provisional indirect rates may be adjusted as appropriate during the. term of the contract upon the -
acceptance of such revised rates by the Contracting Officer.
Article 3.4 Payment of Award Fee The fee provided for under Article 3.1 Estimated Cost and Award Fee shall be paid in accordance with the Award Fee Determination Plan attached hereto.
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Article 3.5 Billing Instructions a
A.
BILLING INSTRUCTIONS FOR-NRC-COST-TYPE CONTRACTS
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li 1.
General.
The centractoir shall submit vouchers for cost-reimbursement in the manner and format described herein and as illustrated in the sample g
voucher.
2.
Fom.
Claims shall be submitted on the payee's letterhead, invoice or on the Government Standard Fom 1034, "Public Vaucher for Purchases and li Services Other Than Perscnal," and " Standard Fom 1035, Public Voucher for Purchases Other Than Personal - Continuaticn Sheet." These foms
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are available frem the Government Printing Office, 710 North Capitol Street, Washington, DC 20801.
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Number of Cocies.
An original and six copies should be mailed to the NRC offices joentified belcw.
g' 4.
Frecueng_.
The centractor-shal-1 submit claims for reimbursement once.
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eacn month unl_ess other#Cauthorize'd by the, Contracting Officer. >
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5.
Billino of Costs After Exciraticn of Contract.
If cost-reimbursements are incurreo curing tne contract perloc and claimed after the centract has expired, the period during whicn these costs were incurred must be cited.
L 6.
Currency.
Billings may be expressed in the currency normally used by U
tne centractor in maintaining his accounting records; payments will be Q
made in that currency.
Hcwever, the U.S. dollar equivalent for all
{
invoices paid under the centract may not exceed the total U.S. dollars e
authorized in the contract.
7.
Sucersessi on.-
These ~instructienc supersede.all previcus billing instructicns. -.
j 8.
Precaraticn and Itemizaticn: of the Vcucher.
The centractor shall fumishm i '
7 di tne infomat1cn set for:n in ene exclanatory notes belcw.
These notes are keyed to the entries en the samole voucher.
l (a)
Pavor's Name and Address.
(i) Address the original voucher (with 4 coples) to:
U.S. Nuclear Regulatory Cermission, Divisicn of Accounting, Office of the Centro 11er, ATTN: GOV /CCM Accounts Section, Washingten, l
DC 20555.
(ii) Address 2 copies to:
U.S. Nuclear Regulatory Ccmissicn, ATTN:
E.L. Halman, Director, Divisen of Centracts, Washington, DC 20555.
(iii) The cricinal cooy of the voucner should indicate that (2) cooies nave oeen foraarceo to tne Centractino Officer.
(b) Vaucher Number.
Insert the appropriate serial numcer of the vcucner.
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Date of Voucher.
Insert the date the. voucher is prepared.
(d) Contract Number and Date.
Insert the centract number and the date of tne contract.
(e) Pavee's Name and Address.
Show the name of the contractor as it appears in tne contract and its correct address; except when an approved assignment has been made by the contractor, or a different payee has been designated, then insert the name and address of the payee.
(f)
Contract Amcunt.
Insert the total estimated cost of the contract, exclusive of f1xed-fee.
For incrementally funded centracts enter the amount currently obligated and available for payment.
(g)
Fixed Fee.
Insert total fixed-fee (where applicable).
(h)
Billino Period.1 Insert the beginning'and ending dates (day, month, anc year) of'the period in which costs were incurred and for which reimbursement is claimed.
(i)
Direct Costs.
Insert the major cost elements (1)(1) Direct Labor.
Tnis consists of salaries and wages paid (or accmed) for c1 rect perfomance of the contract.
(i)(2) Frince Benefits.
This represents fringe benefits acplicable to direct lacor anc billed as a direct cost.
Fringe benefits included in direct costs should not be identified here.
(i)(3) Caoitalited Nonexcendable Ecui ment.
For educational institutions list eacn item co ting 51,000. or more; for contractors.ather than educational institutions ' list each item costing '5200. or more and having a life expectancy of more than one year.
List only those items of equipment.for which reimbursement is ' recuested.
A referencet shall be made'to 'the follcwing '(as~ a'p'plicable): "'(1) :the : item number for the specific piece of equipment listed in the Property Senedule; (2) the Centracting Officer's Approval Letter, if the equipment covered by the Property Schedule; or (3) be preceded by an asterisk (*) if the equipment is below the aporoval level.
Further itemization of vouchers shall only be raquired for items having specific limitations set forth in the centract.
This is (i)(4) Materials. Sucolies, and Noncacitali:ed Ecuicment.
g consumable materials ano supplies ano equ1pment otner enan that described in (i)(3) above.
(i)(5) Premium Pav.
This is remuneration in excess of the basic hcurly rate.
(i)(6) Consultants' Fee.
These are fees paid to consultants.
(i)(7) Travel.
Ocmestic travel is travel within the United States, its tcrr1 tories, possessiens, and Canada; it should be billed 4
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(t)(8) Other. ~ List all other direct costs in total unless significant in amount.
If significant, list cost elements and dollar amount separately, e.g., subcontracts.
(j)
Indirect Costs--Overhead.
Cite the formula (rate and base) in effect during the time the cost was incurred and for which reimburse-ment is claimed.
(k)
Fixed-Fee.
If the centract provides for a fixed-fee, it must be claimed as provided for by the contract.
Cite the formula or method of ccmputation.
(1)
Amount Billed for Current Period.
Insert the amount billed for the major cost elements, acJustment, and adjusted amounts for the period.
(m)
Cumulative amount from Inceotion to Date of this Billina.
Insert tne cumulat1ve amcunts 0111ec for tne major ccst elements and adjusted amounts claimed during this centract.
(n)
Total Amounts Claimed.
Insert the total amcunts claimed for the current anc cumulative periods.
(o)
Adjustmen ts.
This includes amounts conceded by the centractor, outstancing suspensicns, and disapprovals subject to appeal.
(p)
Grand Totals.
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4 B.
.The contractor shall submit a separate itemization of costs incurred as described under paragraph A above for performance of both Operating Reactor (GR) related work and case work.
Each separate itemization shall specify the appropriate accounting data relating to the costs, billed, i.e., FIN No. B-8011, B&R No. 20-19-10-11-1 for OR work and FIN No. B-8013 rB&R No. 19-40-41 fo~r:SEP work.
Section 4.0 Insoection and Accec ance Article 4.1 Insoection Inspection of the services and deliverables called for hereuncer shall be performed by the NRC Project Officer named in Article 5.2 i
Article 4.2 Acceotance Acceptance of the scrvices and deliverables called for hereunder shall be accomolished by the Contracting Officer, or his duly authorized representative who for the purposes of this contract shall be the NRC Project Officer named in Article 5.2.
Section 5.0 Soecial Previsions ARTICLE 5.1 TECHNICAL OIRECTICH 4
A.
Performance of the work' under this contract shall be subject to the tech-nical direction _of the NRC Project Officer named in ARTICLE 5.2 of this contract.
The term " Technical Direction" is defined to include the following:
1.
Technical direction to the contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to acccmplish 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
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reports, drawings, specifications and technical information to oe delivered by the contractor to the Goverraent unddr the contract.
l 8.
Technical direction must be within the general scope of work stated in the contract.
The Project Of ficer does not have the authority to and may not issue any technical direction which:
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Constitutes an assignment of additional work outside the general scop'e of the contract. -
2.
Constitutes a' change as defined in !the clause' of'the! General Provisions t 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 perfonnance.
Cfianges any of the expressed terms, conditions or specifications of 4.
the contract.
C.
All technical directions shall be issued by the project officer or his representative authorized in writing.
Technical directions initiating new work assignments or revising existing work assignments shall be provided in writing in accordance with Article 5.10.
A copy of all written directions shall be submitted to the contracting officer and the technical assistance program manager, Office of Nuclear Reactor Regulation.
i 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 opin:on of the contractor. 'any instruction or direction issued by the Project Officer is within one c,f 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 Contractis 1
Officer to modify the contract accordingly.
Upon receiving such notification from the contrac. tor, the Contracting Officer shall issue an appropriate cont act modification or advise the contractor in writing that, fr. 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, 1
D.
Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the contractor's parformance, and ray 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
.. direc tion or upon the contract action to be taken wi th respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
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ARTICLE 5.2 - PROJECT OFFICER Mr. Harley Silver 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 soorove or reouest any action which results in or could result in an increase-in contract cost; or terminate,_
settle any claim or discute arisino uncer the contract _,
The Project Officer is responsible for:
(1) monitor
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progress, including surveillance and assessment of performance, and recomm.ending 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.
Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by contractors and submit reconnendations for approval, disapproval, or suspension for supplies, services required under the contract.
The Contracting Officer is responsible for directine or negotiatin 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, 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.
ARTICLE 5.3 - KEY PERSONNEL
- Pursuant to General Provision No. 2.3 entitled " Key Personnel',' the following indivi-duals 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.
Bryce Johnson
- For purposes of this contract, additional " key personnel" will be designated in final work assignments issued hereunder.
Such personnel shall be considered " key a
personnel" until completion of the specific work assignment.
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- PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNFENT INFOR.vATig
-A.
Excepi as specifically authorized by this contract, or as otherwise aporoved by the Contracting Officer, records or other information, dccuments and material furnished by the Comission to the contractor-in the-cerformance of -
this contract, or infomation developed by the contractor in the course of--
the work hereunder, shall-be used only in connection with the~ werk perfomed ;i under this contract.
The contractor shall, upon completion or termination of; this contract ~, transmit to the-Comission all records or other information, documents and catarial, and any copies thereof, furnished by the Comission to the contractor or developed by the contractor in the performance of this contract.
B.
The contractor shall be responsible for safeguarding frem unauthorized dis-closure any information or other documents and material exemot from public disclosure by the Comission's regulations and made available to the con-tractor in connection with the performance of work uncer this contract.
The contractor agrees to conform to all regulations, requirements, and directions of tne Commission with respect to such material.
C.
The contractor's duties under this' cl'a'se shall not be construec to limit u
or affect in any way the contractor's obligation to conform to all. security regulaticns and recuirements of'the Comissicn per:aining to classified informaticn and material.
ARTICLE 5.5 - TRAVEL REIMBURSEMENT 1.
The contractor will be reimbursed for reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the Contrarting Officer, in accordance with the contractor's approved travel policy on file with the NRC.
2.
The cost of travel by orivately owned automobile shall be reimbursed at the mileage rate prescribed by the contractor's established, generally applicable 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 automobile 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 accc=odations were not available.
First-class air travel is not authorized.
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4 Reasonable actual costs of lodging and subsistence, or per diem in lieu of.
5.
actual costs, shall be allowable to the extent that such actual costs or per diem amounts do not exceed the amounts or per diem rates prescribed Dy the contractor's established, generally applicable travel policy.
Receipts are required for common carrier-transportation, lodging and 6.
miscellaneous items in excess of 515.00.
Any revision to the contractor's established, generally applicable travel 7.
policy approved by the cognizant audit agency during the period of per-formance of this contract shall be effective, without formal modification to this contract, upon delivery to the Contracting Officer of a copy of such revised policy together with evidence of cognizant audit agency approval thereof.
Article 5.6 Continuity of Services in recognition of the f act that the functions covered under this ccntrac:
are in support of liRC programs, and require uninterrupted performance; that upon expiration of this contract, the services hereunder may be provided by the Government or a successor Contractor, as a result of a comoetitive solicitation, and any successor will require phase-in training; that the retention of personnel experienced in the work covered hereunder by any successor is important to the Government; the Contractor agrees I
as follows:
1.
To provide the necessary resources to complete those work items commenced during the period of this contract or any renewal thereof, which would not otherwise have been completed, within such a period.
2.
To provide phase-in, phase-ott services for a period not to exceed sixty (60) days, commencing the day after expiration of the contract, to the extent required by ths Government, and expeditiously negotiate an equitable adjustment to the estimated cost of the contract for such services, to be provided by continuing the assignment of qualified personnel then cur <tntly assigned to the contract.
3.
Upon selection of a successor Contractor, to jointly prepare with said successor, a mutually agreeable plan for phase-in, phase-out operations.
Said plan shall set forth in detail the training program for the successor with a proposed date by which the successor Prior to said will assume responsibility for work performance.
date the contractor shall retain full responsibility for work This plan shall be submitted to the Contracting Officer performed.
for his approval prior to expiration of this contract, and ;mplementation' in accordance therewith.
However, it is understood and agreed,that the foregoing is subject to the " Limitation of Cost" or " Limitation of Funds" clause of this contract.
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Article 5.7 Government Furnished Data / Material The Government shall furnish-to the contractor all vital and necessary data / material in order for the contractor to perform the work outlined in Article 1.1.
Both materials required and schedules for provision of such materials shall be specified in Final Work Assignments issued hereunder and shall be subject to the mutual agreement of the contractor and the NRC project officer. The Government shall provide all software concerning the PATS within. thirty-(30) calendar days-of contract award.
Article 5.8 Subcontracting Plan for the Utilization of Small Business and Small Disadvantaged Businesses A.
The Contractor's subcontracting plan for small business and small disad-vantaged business included with its proposal no. 1-246-71 -820-07 dated August 6,1981 and approved by the contracting officer is incorporated by this reference as a material term of this contract.
B.
The failure of the Contractor to comply in good faith with the approved plan or with the clause of this contract entitled
" Utilization of Small Susiness Concerns and Small Business Concerns Owned and Centrolled by Socially and Economically Disadvantaged Individuals" will be a caterial breach of the contract.
In the event of such a breach, the contracting officer shall review the available facts to ' determine what remedy is in the best interests -
of the NRC.
Such remedies may include termination of the contract pursuant the clause of this contract entitled " Termination for Defaul t or Convenience of the Government," negotiated reduction in contract price, negotiation of a revised subcontracting plan to correct deficiencies, or other negotiated measures the contracting officer may deem appropriate.
In determining the proper remedy, the contracting officer shall consider as a minimum (1) the reasons i
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need for the contract deliverables, and (3) 'the impact a proposed
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remedy may have on existing small and disadvantaged subcontractors, If the failure to comply in good faith cannot be settled by agreement, a contracting officer decision pursuant to the contract disputes clause shall be issued.
The Contractor hereby agrees to. include a provision substantf ally C.
similar to this article in any subcontract awarded hereunder which requires the subcontractor to adopt and comply with a plan similar to the plan agreed to by the Contractor.
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4 Article 5.9 Representations and Certifications The offeror's representations and certifications submitted with its proposal no. 1-246-71-820-07 in response to RFP. No.. RS-NRR-81-136 are incorporated -
by this reference and' form a part' of this contract.
Article 5.10' Guidelines for Work Flow NRC will forward to the contractor.. preliminary work assignments identified as Tental Work A'signment A, B, C, etc.
All such work assignments must be signed by the s
proje:t officer.
Specific NRC individuals will be identified in the letter as authorized point (s) of contact,regarding that particular assignment.
m The contractor will review the tentativeuass'ignment,- provide..its comments,i n cc: H propose a schedule for completion:of the' w'o'rk, estimate the technical staff resources and identify key personnel in a letter to the project officer.
Specific dates for submission of proposals in response to tentative work assignments shall be subject to the mutual agreement of the contractor and the NRC project officer.
After receipt at NRC, the contractor proposed schedule will be discussed, and i
following agreement with the contractor, final work assignments identified as Assignment #1, 2, 3, etc. will be issued by the project officer.
The work performance period will be in accordance with the7nutually agreed upon schedule in '
final assignment letter.
The schedule may be modified by mutual agreement.
Piior to receipt of the final assignment letter, contractor personnel should not begin any work unless authorized by the Project Officec. Any verbal authorization to begin work will be verified in writing within 10 working days.
Following agreement and receipt of a final. work assignment, the contractor may_..._
enter into discussions.ori correspond with any off theindividisalseidentified: intthe" work assignment (s).
The contr' actor is not.to. conduct any discussions with licensees for any purpose whatsoever without NRC representation either at physical meetings or through conference telephone conversations except as authorized either verbally or in writing by the Project Officer or his auth-orized representative.
Article 5.11 Incremental Funding A.
Sufficient funds are not presently available to cover the totality of work over the entire period of performance under this contract. Additional funds will be alloted from time to time by contract modification up to the q full estimated amount of the contract.
While it is the Government's intention to progressively fund this contract up to the full estimated l
amount over the entire period of performance..the Government will not be' 1
obligated to reimburs'e 'the Contractor for costs in excess of. periodic.
- 'sJ allotments, noY will the contra'ctor be obligated to continue performance in excess of amounts alloted.
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B. Clause Number 5.2 " Limitation of Funds" of the General Provisions, attached hereto, shall supercede Clause Number 5.1 " Limitation of Cost" until such time as the contract is fully funded.
Article 5.12_ 0rder of Precedence In the event of an inconsistency between the terms and conditions of-the contract, the inconsistency shall be resolved by giving precedence in the following order:
1.
The SCHEDULE: :(Note: '- Nothing contained in the Contractor's proposal, whether or not incorporated by reference, shall constitute a waiver of any terms or conditions provided in the SCHEDULE.)
2.
The General Provisions 3.
Other terms and conditions of the contract, whether incorporated by referene or otherwise.
Section 6.0 General Provisions ARTICLE 6.1
- GENERAL PROVISIONS This contract is subject to the attached provisions of Appendix A, General Provi-sions, entitled " Cost Type Research and Development Contracts tiith Commercial Organizations," dated 11/80.
Article 6.2 Alteration to General Provisions
_ Provisions Added:
Labor Surplus! rea Subcontracting Program (1-1.805-3(b))
A 3.12 (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 duly authorized representatives of the Government on labor surplus area matters, (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 "mak.e-or-buy" decisions; t
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(3) A'ssure that labor surplus area concerns will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations,.
time for the preparation of bids, quantities, specifications, and delivery schedulet so as to facilitate the participation of labor surplus area concerns; (4) Maintain records showing.the procedures which have been adopted to comply with the policies set forth in this clause and report subcontract awards (see 41 CFR 1-16.804-5 regarding use of Optional Fonn 61).
Records
^
maintained pursuant to this clause will be kept available for review by the 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 clause in subcontracts which offer substantial labor surplus area subcontracting opportunities.
(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 labar surplus.
(2) The term " concern located in a labor surplus area" means a labor surplus area concern.
(3) The tenn " labor surplus area concern" means a concern that, together with its first-tier subcontractors, will perform substantially in labor surplus areas.
(4) The tenn " perform substantially in labor surplus areas" means that the costs inct.rred.on account of manufacturing, production, or appropriate services in labor surplus areas exceed 50 percent of the contract price.
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(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 Contracti-Officer of the names of such subcontractors.
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(a)
It is the policy cf the United States Government tnat Women-owned _
businesses shall hav2 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 Women-Owned Business Concerns Subcontracting Program (Over 5500,000 or S1,000,000 for Construction of Any Public Facility)
(a) The Contractor agrees to establish and conduct a program which will enable women-owned business concerns to be considered fairly as subcontractors and suppliers under this contract.
In this connection, the contractor shall:
(1) Designate a liaison officer who will administer the Contractor's
" Women-Owned Business Concerns Program."
(2)
Provide adequate and timely consideration of the potentialities of known women-owned business concerns in all "make-or-buy" decisions.
(3)
Develop a list of qualified bidders that are women-owned businesses ar:d assure that known women-owned business concerns have an equitabig opportunity to compete for subcontracts, particularly by making information on forthcoming opportunities available, by arranging solicitations, time for the preparation of bids, quantities, speci-fications, and delivery schedules so as to facilit6te the participatt of women-owned business concerns.
(4) Maintain records showing (i) procedures 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 Women-0wned 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 from time-to-time conduct.
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mm@mggw (4) above in such form and manner and at such time (not more often ;
than quarter 13) as th2 contracting Officer may prescribe.
l (b) The Contractor further agrees to insert, in any subcontract hereund$
which may exceed $500,000 or $1,000,000 in the. case of contracts for the const@
of any public facility and which offers substantial subcontracting possibilitid provisions which shall conform substantiMly to the language of this clause,10d this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors.'
(c) The contractor further agrees to require written certification by i subcontractors that they are bona fide women-owned and controlled business con:
in accordance with the definition of a women-owned business concern as set for in the Utilization Clause 1(b) above at the time of submission of bids or propi.
5.8 Price Reduction for Defective Cost or Pri.:ing Data (1-3.814-1(a))
If any price, including profit or fee, negotiated in connection with this contract or any cost re-imbursable under this contract was increased by any stoni-ficant sums because:
(a) The Contractor furnished cost or pricing data which was not accurate, complete and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; (b) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Data--Price Adjustments" or any subcontract clause therein required, furnished cost or pricino data which was not accurate, complete and current as certified in the subcontracto Certificate of Current Cost or Pricing Data; (c) A subcontractor or prospective subcontractor furnished cost or oricing j
data which was required to be accurate, complete and current and to be submitted B support a subcontract cost estimate furnished by the Contractor but which was not i
accur.:te, complete and current as of the date certified in the Contractor's Certificate of Current Cost or Pricing Data; or (d) The Contractor or a subcontractor or prospective subcontractor furnished any data, not within (a), (b) or (c) above, which was not accurate as submitted:
the price or cost shall be reduced accordingly and the contract shall be modified 4
in writing as may be necessary to reflect such reduction.
However, any reduction i
in the contract price due to defective subcontract data of a prosoective subetn-tractor when the subcontract was not subsequently awarded to such subcontractor, will be limited to the amount (olus applicable overhead and profit markup) by whic the actual subcontract, or actual cost to the Contractor if there was no subcontra was less than the prospective subcontract cost estimate submitted by the Contracte Provided, The actual subcontract price was not affected by defective cost or pricing data.
(Note:
Since the contract.is subject to reduction under tnis 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 the Contractor.
It is also expected that any subcontractor subject to such indemnification will generally require substantially similar indcanification for defective cost or pricing data required to be submitted by his low tier j
subcontractors.)
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(1-3.814-1(b))
(a) This clause shall becom2 operativa only with respect to any modificatioq of this contract.which involves-aggregate increases and/or decreases-in costs plua applicable profits in excess of $100,000 unless the modification is priced on the basis of adequate price competition, established cataloo or market prices of comercial items sold in substantial quantities to the general public, or prices set by law or-regulation. The right-to price reduction under this clause is limiG to defects in data relating to such modification.
(b)
If any price, including profit, or fee, neootiated in connection with any price adjustment under this contract was increased by any significant sums because:
(1) The Contractor furnished cost or pricina data which was not accurate, complete 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 j
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Data--Pric3 Adjustments" or any subcontract clause therein required, furnished cost or pricin-data which was not accurate, complete and current as certified in the subcontrac Certi-ficate'of Current Cost or Pricina Data; (3) A subcontractor or prospective subcontractor furnished cost or pricing data which was required 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 or Pricing Data; or (4) The Contractor or a subcontractor or prospective subcontractor furnished any data, not within (1), (2) or (3) above, whici. was not accurate, as submitted; the price shall be reduced accordingly and the contract shall be modiff in writing as my be necessary to reflect such reduction However, any reduction in the contract price due to defective subcontract data e,f a prospective subcon-tractor, when the subcontract was not subsequently awarded to such subcontractor,.
will be limited to the amount (plus applicable overhead and profit markup) by which the actual subcontract, or actual cost to the Contractor if there was no subcontract, was less than the prospective subcontract cost estimate 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 pricina 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 the Contractor.
It is also expected that any subcontractor subject to such indemnifiq cation will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his lower tier subcontractors.)
.I (c)
Failure to agree on a reduction shall be a discute concernino a questicd of fact within the meaning of the " Disputes" clause of this contract.
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.(a) The Contracter shall require subcontracters hereunder to submit; actually cr by specific identification in writing, cost er pricing data under the l following circumstances:
(1) Prior to the award of any sub' contract the amount of which is expected to exceed $100,000 when entered into; (2) Prior to-the pricing of any-subcontract modification which involvea 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,
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1 established catalog or market prices of coninercial items sold in substantial j
quantitles to the general public, or prices set by law or regulation.
(b) The Contractor shall require subcontractors to certify, in substantia 11d 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 this '
paragraph (c) in each subcontract hereunder which exceeds $100,000 when entered into except where the price thereof is based on adequate' price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation.
In each su$
expected subcontract hereunder in excess of $100,000, the Contractor shall insert' the substance of the following clause:
SUBCONTRACTOR COST OR PRICING DATA-PRICE ADJUSTMENTS (a) Paragraphs (b) and (c) of this clause shall become operative only with respecttoanymodificationmadepursuanttooneormoreprovisionsofthiscontrg which involves aggregate increases and/or decreases in costs plus applicable prof) expected to exceed $100,000. The requirements of this clause shall be limited i
to such contract modifications.
(b) The Contractor shall require subcontractors hereunder to submit, I
actually or by specific identification in writing, cost or pricing data under the i
following circumstances:
(1) Prior to award of any subcontract, the amount of which is expected l to exceed $100,000 when entered into; I
(2) Prior to the pricing of any subcontract modification which involve aggregate increases and/or decreases in costs plus applicable profits expected to exceed $100,000; except where the price is based on adequate price competition, established catalog or market prices of cummercial items sold in substantial quantities to the general public, or ' prices set by law or ' regulation.
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(c) The Iontractor 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 (b) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract change or modification.
(d) The Contractor shalidnsert the substance of this clause including this paragraph (d) in each subcontract hereunder which exceeds $100,000 when entered into.
5.11 Cost Accounting Standards--Nondefense Contract (1-3.1204-2(a))
(a) Unless the Administrator of General Services has prescribed rules or l
regulations exempting the Contractor or this contract from standards, rules, and
]
regulations promulgated by the Cost Accounting Standards Board, the contractor, in connection with this contract, shall:
t (1) Follow consistently the cost accounting practices established or j
disclosed as required by regulations of the Cost Accounting Standards Board and administered under the Administration of Cost Accounting Standards clause.
If l
any change in disclosed practices is made for purposes of any contract or j
subcontract subject to those disclosure requirements, the change must be applied i
in a consistent manner to this contract.
l (2) Comply with all cost accounting standards which the Contractor ia 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 Accounting Standards clause. The i
i Contractor also shall comply with any cost accounting standard which hereafter becomes applicable to such a contract or subcontract.
Such compliance shall be required prospectively from the date of applicability to such contract or subcontract. 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-i lished cost accounting practices whether such practices are covered by a Dis-5 closure Statement or not.
(4) Negotiate with the Contracting Officer to determine the terms and conditions'under which a change to either a disclosed cost accounting practice or an 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
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may be made under this provision that will increase costs paid by the United l
States.
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1 (5) Agree to en adjustment of the contract price er cost allowance, as appropriate, if it er a subcontracter fails to comply with the applicable Cost Accounting Standards cr to follow any practice disclosed or established pursuant to subparagraph (c)(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 United States together with interest thereon computed at the rate detennined 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 annum, whichever is less', from. time the payment by the United States ~was made to the ~-
time the adjustment is effected.
(6) Negotiate an equitable adjustment (as provided in the Changes clause of this contract, if any) when the parties agree to a change to either a disclosed cost accounting practice or an established cost accounting prac+ica.
(b) The Contractor shall permit any authorized representatives of the head-of the agency, of the Cost Accounting Standards Board, or of the Comptroller General of the United States to examine and make copies of any documents, papers, or records relating to compliance with the requirements of this clause ontil the expiration of 3 years after 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 administrator of General Services, the Contractor:
(1) shall include the substance of this clause including this paragraph (c) in all necotiated 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 awards, and (2) shall
'nclude the substance of the Consistency of Cost Accounting Practices--Non-defense Contract clause set forth in 5 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 I l-3.1203-2(b) of the FPR in his determination of applicability cost accounting standards to subcontracts.
(d) The terms defined in 5 331.20 of Part 331 of Title 40 Co' e of Federal --
d 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 finns not associated with each other or such contractor or subcontractor, providing (1) the solicitation to all competing finns is identical, (2) price is the only consideration in selecting the subcontractor from among the competing firms s
solicitied, and (3) the lowest offer received in compliance with the solicitation from among those solicited is accepted."
(e) The administration of this clause by the Government shall be accom-plished in conjunction with the administration of the Contractor's national defense contracts and subcontracts subject to rules and regulations of the' Cost Accounting Standards Board, pursuant to the Administration of Cost Accounting Standards clause.
For the purposes of the Administration of Cost Accounting Standards clause contained in this contract, references to the Cost Accounting Standards clause shall be deemed to 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 Accounting Practices--Nondefense Contract clause.
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n Fcr the purp::se of administrating Cost Aqcounting ; Standards requirements j
under this contract, thf Contracter shall:
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(a) Submit to the cognizant Contracting Officer a description of the accounting change and the general dollar magnitude of the change to reflect the l
sum of all increases and the sum of all decreases for all contracts containing.
j the Cost Accounting Standards clause or the Disclosure and Consistency of Cost l
Accounting Prac'tices clause: -
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(1) For any change in cost accounting practices required to' comply I
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 1
date as may be mutually agreed to) after award of a contract requiring such
)
change;'
(2)
For any change to cost accounting practices proposed in accord-ance with paragraphs (a)(4)(B), (a)(4)(C) of the Cost Accounting Standards i
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;;
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(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 Disclosus and Consistency of Cost Accounting Practices clause within 60 days (or such 4
other date as may be mutually agreed to) after the date of agreement of such noncompliance by the Contractor.
(b) Submit a cost impact proposal in the form and manner specified by the cognizant Contracting) Officer within sixty (60) days (or such other date as may I
be mutu.?.11y agreed to after the date of detemination of the ade comphance of a change submitted pursuant to (a) (1), (2), or (3)quacy and l
above.
(c) Agree to appropriate contract and subcontract amendments to reflect i
adjustments established in accordance with paragraphs (a)(4) and (a)(5) of the Cost Accounting Standards clause or with paragraphs (a)(3), (a)(4), or (a)(5) of the Disclosure and Consistency of Cost Ac. counting Practices clause.
4 3
(d) When the subcontract is subject to either the Cost Accounting Standards j
clause or the Disclosure and Consistency of Cost Accounting Practice clause so 4
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 negotiated subcontracts containing either the Cost Accounting Siandards clause or ti e Disclosure and Consistency of Cost Accounting Practices clause.
In addition, include a pro-i vision in these subcontracts which will require such subcontractors,.within 30 days after receipt of award (or s~uch other.date as may be mutually agreed to) to submit the following infomation to the Contract Administration Office Cognizant of the subcontractor's fa'cility.
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(1) Subcontractor's name and subcontract number.
(2) Dollar amount and date of award.
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(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' Standards clause or Disclosure and 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 Certifica 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 subccntract hereunder, notify.the Contracting.0fficer in.yriting.ofisuch. adjustment;anddjus La agree to an adjustment in~ the~ price or Estima'ted cost.and fee of thisocontract;ni as appropriate; based :upon'th'e'adjustmen't esthblished under the subcontract.
Such notice shall be given within 30 days af ter receipt of the proposed sub-contract adjustment, and shall include a proposal for adjustment to such higher tier subcontract or prime contract as appropriate.
(h) When either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause and this clause are included in subcontracts, the term " Contracting Officer" shall be suitably altered to identify the purchaser.
5.13 Cost Accounting Standard Withdrawal Cost Accounting Standard 414--Cost of money as an elenent of the cost o@
facilities capital--shall not be reimbursed as an allowable cost under this contract.
PROVISIONS DELETED:
1.21 Privacy Act Notification d
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PART 4 i
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LIST OF DOCUMENTS AND ATTACHMENTS i
1 General Provisions PATS.
4 Award Fee Determination Plan 1
1 Sample Voucher.
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11/80 Pages 1 through 61 GENERAL PROVISIONS CONTENTS APPENDIX A - COST TYPE RESEARCH AND DEVELOPMENT CONTRACTS WITH COMMERCIAL ORGANIZATIONS GENERAL NO 1.0 1.1 Definitions 1.2 Assignment 1.3 Assign.nent of Claims 1.4 Officials Not to Benefit 1.5 Standards of Wcrk
- 1. 6 Notice Regarding' Late Delivery
- 1. 7 Covenant Against Contingent' Fees
1.8 Interest
- 1. 9 Disputes 1.10 Notice to, the. Gov.ernment of Labor Disputes -
1.11 Audit 1.12 Examination of Records' by Comptroller General 1.13 Order cf Precedence 1.14 Stop Work Order 1.15 Contractor Organizational Conflicts of Interest - Definitions 1.16 Contractor Organizational Conflicts of Interest - General Contract Clause 1.17 Dissemination of Contract Information 1.18 Private Use of Contract Inforration and Data 1.19 Drawings, Designs, and Specifications 1.20 Proprietary Data and Confidential Information 1.21 Privacy Act Notification 1.22 Privacy Act PERFORMANCE PROVISIONS NO 2.0 2.1 Permits
- 2. 2 Safety, Health and Fire Protection
- 2. 3 Key Personnel 2.4 Security 2.5 Subcontracts 2.6 Consultant or Other Comparable Employment Services of Contractor Employees
- 2. 7 Litigation and Claims 2.8 Excusable Delays
- 2. 9 Changes 2.10 Inspection 2.11 Required Source of Jewel Bearing 2.12 Government Property
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1 SOCIO-ECONOMIC-PROVISIONS NO 3.0
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3.1 Employment of the Handicapped 3.2 Disabled Veterans and Veterans of the Vietnam Era 3.3 Convict Labor 3.4 Equal Opportunity
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3.5 Preference:for.UiS. Flag" Air ~ Carriers 3.6 Use of U.'Su Flag Commercial : Vessels:. O " -
3.7 Buy American Act n 3.8 Contract Work Hours and Safety Standards Act - Overtime Compensation.
.3. 9 Utilization of Small Business Concerns and:Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals 3.10 Utilization of Labor Surplus Area Concerns 3.11 Clean Air and Water PATENT AND COPYRIGHT PROVISIONS NO 4.0 4.1 Patent Rights - Acquisition by the Government 4.2 Patent Indemnification of Government by Contractor.
4.3 Rights in Copyrightable Material Under Contracts 4.4 Copyright Indemnification of Government 4.5 Notice and Assistance Regarding Patent and Copyright Infringement FINANCIAL AND TERMINATION PROVISIONS NO 5.0 5.1 Limitation of Cost 5.2 Limitation of Funds 5.3 Allowable Cost, Fixed-Fee and Payment 5.4 Allowable Cost and Payment 5.5 Negotiated Overhead Rates 5.6 State and Local Taxes 5.7 Termination for Default or for Convenience of the Government N
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REPORT i
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March 16,1981 i
F-C5454 i
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i PROGRAM ACTIVITY TRACKING SYSTEM i
l PATS i
USERS MANUAL i
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Zenons Zudans 0
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- 0. Franklin Research Center A Division of The Franklin Institute I
The Benjarrun Frankhn Parkway. Phita., Pa. 19103(215) 448-1000
- ~.-
AWARD FEE DETERMINATION PLAN FOR CONTRACT NO. NRC-03-82-096 WITH 3CIENCE APPLICATIONS, 'INC.
. FOR THE PERIOD NOVEMBER 23, 1981 THROUGH NOVEMBER '22.1984 a
Contents Part A.
Introduction Organization Structure for Award Fee Administration B.
C.
Evaluation Requirements D.
Methods for Determining Award Fee i
E.
Change in Plan Coverage f
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CPAF CONTRACT PERFORMANCE REPORTING REVIEW AND EVALUATION PROCEDURE
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Award Fee Determination Report v
FEE DETERMINATION OFFICIAL (FDO)
CONTRACTOR Robert Purple l
tAward Fee Recommendation G. Lainas e Performance Evaluation C. Behid Board Report E. Butcher PERFORMANCE EVALUATION M. J. Mattia BOARD (PEB)
H. Silver A
Monthly Reports J. Knight All Reported Events EVALUATION COORDINATOR 4
CONTRACTOR T. F. Hagan i
A e Contractor's Report of Individual Performance Event s Monthly Reports e INDIVIDUAL EVENTS REPORT l
l Performance Monitors Performance Monitors Performance Monitors u-r t c _ _.;:r.
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4 A.
Introduction 1.
This plan covers the administration of the award fee provisions of Contract No. NRC-03-82-096 with Science Applications, Inc., for the evaluation period November 23, 1981 through November 22, 1984.
2.
The following matters, among others, are covered in the contract.
a.
The contractor is required to manage and review a backlog up to a maximum of 360 NRR reactor licensing actions as determined by the Nuclear Regulatory Commi.ssion (NRC).
b.
The award fee pool is $
c.
The estimated cost, and award fee pool are subject to equitable adjustments on account of changes or other contract modifications.
d.
The award fee earned and payable will be determined as specified elsewhere in this plan by the Fee Determination Official (FDO) in accordance with this plan. The FD0 is Mr. Robert Purple.
e.
Award fee determinations are not subject to the Disputes clause of the contract.
f.
Alterations, if any, of the award fee plan during the course of the contract will be the subject of negotiations, and this plan will be modified accordingly. Any agreed upon alterations must be made thirty days prior to the start of the evaluation period to be effected.
3.
The objective of the award fee provisions of the contract is to afford the contractor an opportunity to earn increased fee commensurate with the achievement of optimum performance in pursuit of contract object-ives and goals.
Optimum performance is not necessarily equated with the highest level of performance achievable in all incentivized areas.
Rather, it represents the most favorable degree of performance obtain-able considering the achievement of contract objectives in light of the contractor's most effective utilization of available resources.
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Th? folicwing organizational structure is establiched for ndminiotering' th? cward fee provisiens of th2 contract.
1.
Fee Determination Official (FDO) a.
The FDO is Robert Purple b.
Primary FD0 responsibilities are:
(1) Determining the award fee carned and payabic for each evaluation period as addressed.in Part D.
(2) Changing the matters covered in this plan as addressed in Part E, as appropriate.
2.
Performance Evaluation Board (PEB) a." A Chairman of the PEB will be established from the following voting members:
Ms. M. J. Mattia Mr. J. Knight Mr. E. Butcher Mr. G. Lainas l
Mr. C. Beckwith l
l Mr. H. Silver b.
The Chairman may recommend the appoint' ment of non-voting members to assist the Board in performing its functions.
j Primary responsibilities of the Board are:
c.
l (1)
Conducting ongoing evaluations of contractor performance and the submission of a Performance Evaluation Board Report (PEBR) to the FDO covering the Board's findings and recommendations for each evaluation period, as addressed in Part D.
l (2)
Considering proposed changes in this plan and recommending those it determines appropriate for adoption by the FDO, as addressed in Part E.
'3.
Performance Monitors (PMs)
A PM will be assigned to each performance area to be evaluated.
a.
l The assignment will be made by the PEB Chairman as addressed in Part D.
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b.
Each PM will be responsibic for complying with the General l
l Instructions for Performance Monitors, At tachment D-1, and any specific instructions of the PEB Chairman as addressed in part D.
Primary PM responsibilities are:
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i (2) Periodic'cIly prepsring c Perform:nce Moniter Report (PMR) for i
tha PEB, cs appropricto.
(3) Recon. mending appropriate changes in this plan for consideration, as addressed in Part E.
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C.
EVALUATION REQUIREMENTS The applicable evaluation requirements are attached as indicated below:
Requirement Attachment 1.
Evaluation Periods and Maximum C-l Available Award Fee for Each 2.
Performance Areas and Evaluation Criteria C-2 3.
Grading Table C-3 The weights indicated in Attachment C -2 and the grading table under Attachment" >
C-3 are quantifying devices whose sole purpose is to provide. guidance to.NRC in the form of a general indication of the amount.of award fee earned.
In no-way do they impute an arithmetical precision to any judgmental determination of the contractor's overall performance and the amount of award fee earned.
D.
METHOD FOR DETERMINING AWARD FEE A determination of the award fee earned for each evaluation period will be made promptly by the FD0 after the end of the period. The method to be followed in monitoring, evaluating and assessing contractor performance during the period, as well as for determining the award fee earned, is described below.
1.
The PEB Chairman will assign a PM for each performance area to be evaluated under the contract.
PMs will be selected on the basis of their expertise relative to prescribed performance area emphases.. PM personnel administra-tion will be in addition to, or an extension of, regular responsibilities.
The PEB Chairman may change PM assignments at any time without advance notice to the contractor. The Contracting Officer will notify the contractor promptly of all PM assignments.
2.
The PEB Chairman will require that each PM receives the following:
e A copy of the contract and all modifications.
e A copy of this plan along with any changes made in accordance j
with Part E.
1 e
Appropriate orientation and guidance.
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o Specific instructions applicable to PM-assigned performance areas.
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3.
PMs will monitor, evaluate and assess contractor performance in accordance with the General Instructions for Performance Monitors, Attachment D-1, and the specific instructions and guidance furnished by the PEB Chairman.
4.
PMs will submit monthly Performance Monitor Reports-(PMRs) and, if required, make verbal presentations to the PEB.
5.
As appropriate, the PEB Chairma'n will request and obtain performance in-formation from other units or personnel normally involved in observing contractor performance.
6.
Periodically, the PEB will consider PMRs and other performance information it obtains and discuss the reports and information with PMs or other per-sonnel, as appropriate.
7.
After the end of each evaluation period, the contractor shall submit to the Evaluation Coordinator a written self-assessment of its performance during the evaluation period including the amount of award. fee it feels it has earned. After receipt of the contractor's self-assessment report, the contractor may be required to meet with the PEB to-discuss overall performance during the period. As~ requested by the PEB.
Chairman, PMs and other personnel involved in performance evaluations will attend the meetings and participate in discussions.
8.
After any such meeting with the contractor, the PEB will consider matters presented by the contractor and establish its findings and recommendations for the PEBR.
9.
The PEB Chairm m will prepare the PEBR for 'the period and submit it to the FD0 for use in determining the award fee earned. The report will include a recommended award fee with supporting documentation.
Prior to submitting the PEBR, the Chairman will discuss the PEB recommendation with the con-tractor and shall afford the contractor the opportunity to present any additional information for the FD0's consideration. When subni.tting the report, the Chairman will inform the FD0 whether or not the contractor desires to present any matters to the FD0 before the award fee determination is made.
10.
The FDO vill consider the PEBR and discuss it with the PEB Chair =an or other personnel, as appropriate.
If requested by the contractor, or if the FD0 considers it appropriate, the FD0 vill meet with the contractor for discussions. If requested by the FDO, the PE3 Chair =an and any other personnel involved in perfor=ance evaluation may be required to attend the meeting with the contractor.
- 11. The FDO vill determine the c=ount of awa d fee carned during the period.
The.emount determined will not result solely from mathe=stical su-ing, averaging or the application of a for=ula. The FDO's determination of the a=ount of award fee earned and the basis for this determination vill be stated in the Award Fee Detersination Report (AFDR). The report vill be signed by the FD0 and given to the contractor for attach =ent to its voucher requesting pay =cnt of the award fee.
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CHANGES IN PLAN COVERAGE 1.
Right to Make Changes Any matters covered in this plan;may be changed by mutual ag-eement of the parties prior to the beginning of an evaluation period by timely notice to the contractor in writing. The changes will be made by formal modification of the contract.
2.
Method of Changing Plan Coverage The method to be followed for changing plan coverage is described bel ow.
a.
Personnel involved in the administration of the award fee provisions of the contract are encouraged to recommend changes in plan coverage with a view toward changing man-agement emphases, motivating higher performance levels, or improving the award fee determination process.
Recommended changes should be sent to the PEB for consideration and drafting.
b.
The PEB will coordinate proposed changes with the contractor, c.
Prior to the end of each evaluation period, the PEB will submit changes applicable to the next evaluation period for approval by the FD0 with appropriate comments and justification.
- 6
ATTACHMENT C-1 TO AFDP FOR
,r Contract No.. _ NRC-03-82-096 -
With Science Applications, Inc.
EVALUATION PERIODS AND MAXIMUM AVAILABLE AWARD FEE FOR EACh Evaluation Period Maximum Available No, Duration Ending Award Fee 1
3 months February 28, 1982
$6,643 2
3 months May 31,1982
$6,643 3
3 months August 31, 1982
$19,931 4
3 months November 30, 1982
$33,217 5
6 months May 31, 1983
$66,433 6
6 months November 30, 1983
$66,433 7
6 months May 31,1984
$66,433 8
3 months August 31, 1984
$33,217 9
3 months November 22, 1984
. $33,217 t
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ATTACHMENT C-2 TO AFDP FOR 6
CONTRACT NO, NRC-03-82-096 WITH SCIENCE APPLICATIONS, INC.
EVALUATION CRITERIA FOR' PERFORMANCE AREA NO. 1 AREA WEIGHT 50 Description of Area:
1.
Technical - 50 Points To what extent does the contractar consistently produce high quality -
technical products without requiring excessive technical or administrative direction from the N.R.C.
a)
Thoroughness and Accuracy of Work 20 pts.
To what extent does the contractor submit technical work products which are thorough, accurate and donot require extensive rework by the contractor, b)
Technical Independence and Initiative 20 pts.
To what extent does the contractor's technical effort exhibit independence and initiative that does not require day-to-day technical or administrative direction by the N.R.C.
c)
Clarity and Conciseness,
10 pts.
To what extent does the contractor consistently submit work products that are clear and provide an adequate technical basis for N.R.C.
staf f safety evaluaticn reports.
k a s
CONTRACT NO. NRC-03-82-096 WITH SCIENCE APPLICATIONS, INC.
EVALUATION CRITERIA FOR PERFORMANCE AREA NO. 2 AREA WEIGHT _3_5 II.
Management and Schedule-to what extent does the contractor effectively manage the program to produce technical products in a timely manner that meet the needs of the NRC by effectively utilizing resources and work eff *cient methods.
a)
Ability to meet Schedule Milestones 10 pts.
To what extent does the contractor meet schedule milestones and completion dates in developing technical work products.
b.
Management Independence and Initiative 15 pts.
To what extent does the contractor demonstrate management independence and initiative in developing, proposing and implementing after approval plans and procedures for eliminating existing and potential impediments to the work flow process. To what extent does the contractor act independently to expedite the flow of work both inside and outside his organization with the minimum expenditure of NRC resources to analyze and propose measures to correct problems.
c)
Ability to Adjust to Changing Needs
,5 pts.
To what extent does the contractor exhibit the ability to adjust to the changing needs of the NRC.
d)
Effectiveness of Liaison Effort 5 pts.
To what extent does the contractor provide effective liaison with the NRC, licensees and others in order to efficiently manage the l
program and to f acilitate the development of technical products.
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ATTACHMENT C-2 TO AFDP FOR 3
CONTRACT NO. NRC-03-82-096 WITH SCIENCE APPLICATIONS, I.NC.
EVALUATION CRITERIA FOR PERFORMANCE AREA NO. 3 AREA WEIGHT 15 III. Cost and Contract Administration -
j To what extent does the contractor conduct the work in a cost effective manner and to what extent has he worked to further reduce the cost of developing technical work products. To what extent is the contract administration effective.
a)
Business Management 10 pts.
To what extent does the-contractor effect efficiencies in his program which are reflected in lower cost of developing technical work products.
b)
Contract Administration 5 pts.
To what extent is the contract administration to be most cost effective to the NRC including purchasing and subcontractor system, award fee administration, and report procedures.
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4 ATTACID1ENT C_3 GRADING TAB 14 PROPOSED EVALUATION GRADES AdjectiveGrade Numerical Grade Definition Superior 96,to 100 Performance is outstanding in essentially all, respects, and represents the very best which could be expected of any contractor. This grade repre-sents a practical goal, to be awarded.for a deg.mg of performance which is real and attainable, not theoretical.
~
Excellent 86 to 95 Performance ranges from substantially better than ayerage to outstanding.'
Inthisrangethecontracj has improved all facets.of his operation beyond tht s
level described for in the range below.
The con-x N
tractor has greatly exceeded the schedules, outputc and overall performance which would be expected of
^ ' -
an average contractor ~.
Areas of deficiencies are few and overall are considered relatively 6nimpcrte Contractor shows initiative in executing 1the job and in invoking improvements. ~ The degree. to which s
the contractor exceeds schedules, achieves objectir eliminates areas.of deficiency, etc.y determines,his grade in this range:
r Good to 85 This grada, the top of the good range, represents ej average performance and the point of reference for e
the grading system.
The contractor at this point has met most needs, schedules, expectations in a fashion which corresponds to average or standard performance by a qualified contractor.
Areas of below-average performance are about balanced by areas of above-average performance.
76 to 80 In this range the contractor is below, but apprcach=
ing, average performance.
The degree to which the contractor has slipped below performance, has misse6 schedules, or shown uncompensated deficiencies determines the grade in this range.
Sa tis factory to 75 Performance is below the average or standard per-7/
formance expected of a qualified contractor.
The contractor at this point is halfway between average performance and performance which is considered unsa tis factory.
66 to 70 In this area the contractor is deficient in a significant number of areas, and these deficiencies are not offset by arcar of above-average perfor. inceo The contractor's grade in this area will be determir.e by the extent of the deficiencies and his proxicity
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to ensatisfactory performance.
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- s Numerical Grade Definition Performance is deficient in substantial areas of I
60-65 effort, and is sufficiently far below performance ;
as to be overall unsatisfactory.' Imediate improyd ment is required in order to. permit continuation of the contract.
60 and Below There is zero award fee for a performance 'in this rang M
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6 ATTACHMENT D-1 TO AFDP FOR
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O CONTRACT NO. NRC-03-82-096 WITH SCIENCE APPLICATIONSc INC.
GENERAL INSTRUCTIONS FOR PERFORMANCE MONITORS PMs will conduct all assessments in an open, objective and cooperative This will a.
spirit so that a fair and accurate evaluation is obtained.
enhance contractor receipt of information from which to plan improve-Positive performance accomplishments should ments in performance.
be emphasized just as readily as negative ones.
After an assessment, the PM will discuss the results with appropriate b.
PEB personnel and the Evaluation Coordinator, noting any observed Adverse items or deficiencies and/or accompanying recommendations.
areas of poor performance will be discussed with the Evaluation Coordinatej and appropriate PEB personnel who shall afford the contractor an opportuni to clarify possible misunderstandi.ngs and to correct or resolve deficiencies.-
PMs must remenber that. contacts and visits with contractor personnel c.
are to be accomplished within the context-of,0ff,icialicontractuali conte.n relationships 2 a PMs.willoavoid:any; activity or. association, which-i,.e inn w; might cause, or give the appearance of causing, a conflict of interest.
PM discussions with contractor personnel are not to be used to instruct, d.
to direct, to supervise, or as an attempt to control these personnel in the performance of the contract. The role of the PM is to monitor, assess and evaluate, not to manage the contractor's effort.
Documenting Evaluation / Assessment Evaluations and assessments conducted,r results obtained..and discussions; withe nssir contractor personnel;will be documented as:follows:"
(Specify format and minimum information requirements)
Evaluation / Assessment Reports PMs will prepare a formal PMR in accordance with the following instructions and submit it to the PEB, or others, if appropriate, at the end of each month:
(Specify format and minimum information requirements)
Verbal Reports, PMs will be prepared to make verbal reports as required by the PEB Chairman.
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The U. S. Nuclear Regulatory 3
Comnission 1
Division of Accounting, CON (c) Date Toucser Prepared i
Attention: Gov /Com Acets Section Washington, DC 20555 (d) Contract so. and Date (e) Payee's Na=e a=d Address (f) Total F.sti=ated Cos of Cen:23 j
13C CCEPCHATIEN 1
100 Main Street
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(h) Th.s 7cuccer represents ':n.=curseable ecs:s f:=n July 1, 1077 sh==up Ju17 11 I
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(1)1=cun 312.1ed
(=)C---- 1 ative
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Amount ?::n Period I ceptics to Date of this
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(1) Direct Cests 31111 s i 1 Dieset Labor s 3,400 3 6,.00 1 2 Tri=p 3ecafits 600 1,200 i
i 3 Casitalized Ncne=;endable 7 cip=an-4 i
4 5,000 8,000 (i)(h);gMata=iils,'Srpplies and
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? s=1:n ?ay 100 150 i 6 Censultant's ?ee 100 100 i
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,(j) mD ' m CCsTs 4 of Direct Labor c: Other j
maae (?c-- a) h, COO 6,000 (1), w e=. 212'1ID (?c: a) 700 1300 (n) Total A= cunts Cl=d ed
$1o,2C0
$28,c50 (o) id32stments Cuts'a-d
- T Suspensiens (1.7CO1 (p) Gra-d Totals
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