ML20042B050
| ML20042B050 | |
| Person / Time | |
|---|---|
| Site: | Erwin |
| Issue date: | 02/25/1982 |
| From: | Lebo C, Lumb R NRC OFFICE OF ADMINISTRATION (ADM), NUSAC, INC. |
| To: | |
| Shared Package | |
| ML20042B049 | List: |
| References | |
| CON-FIN-B-1314, CON-NRC-19-82-491 NUDOCS 8203240449 | |
| Download: ML20042B050 (17) | |
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NUSAC, Inc.
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Mr. Ralph F. Lumb
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U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission Office of Policy Evaluation Office of the Controller Attn:
L. D. Y. Ong Attn:
GOV /COM Accounts Section
_Washingtnn ; nr pnEG4 llashington DC 20555 y 10 U 5L 230I lex l
13 fte:S PROCustMNT WAS ADVEtitSED, h NEGOTIAftD. PUESUANT TO di U 54 252 (<1110) is ACCOUNT 1HG Ape ArraOPt1ATION DATA B&R FIN AMOUNT 70 1@ nQ B1314
$11,185.58 _
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SUPPlitS /st aVKIS Q U A NTIT Y UNIT UNff PalCt AMOutti The contractor shall provide an expert opinion rigardina the capability of material balance accounting in accordance with their letter submission dated December 23, 1981, and amended by telephone agreement on February 2, 1982.
This' confirms a verbal order to begin work on Fe 3ruary 1, 1982.
e 21.
TOTAL AMOUNT Of CONTRACT $ 33 3og gp CONTRACTING OFFICER TRILL COMPLETE BLOCK 22 OR 26 AS APPL 1 CABLE 22.
CONTRACTOR'1 NEGOTIAft0 AGRitMENT (cestragter is rygesred de sqre 26.
AWARD (ceofratier as sof rege/rt/ #e sige this deseasted )
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(*is deseascot med retore repias se ineing ejist.) Conh c:se egrees en Solicieshen Number incivdeg the to fwenseh end dele,ee ett wome se perfeem el' he see,.ces set feath ee otheew.ee add hens se cheages made by yev which oddsbone se changes are set fenk 6e fo la ebewe, is lasteby ecces ed es to the items I.sted ebeve end en any confiavehoa sheeas idean Aed above end on say coahawehen sheets for the seauderation sea ed heren.
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The sagtes end obl.pemens of she pen ee to thee conseece theil be subsect se end po*
Thee oword conevawaoves the conteoct wh4ch cono ete of the followeg decvmente (e) emed by the fellen..ng desweeds (e) th.s sword /reeerset, (b) che solicdehen, if assy, she Government's sol.catchen end yens e8be, and (b) shis ewordleanerect. Den ead (4 each peo..e.eae, eo p,.seaee.eas. s ees. Ace. as. ead specinseheas. se see Iwnher'eenweech.et deor. eat se necessary. /
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Pessioeurs FEB 191982 Craig D. Lebo S.~ b k
- 8203240449 820225
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R E PRESE NT ATIONS. CE RTIFIC ATIONS AND ACKNOWLf.DGMEN TS RG PR ESE.NT ATIONS C eta or comosere aa souncacoc comes or crocas.
The ott.,e recresents as part et nis otter tnaf 1
SMALL BUSINESS der var tJ on SF JJ 4 "e
4 3 s act. :rnN but ness conce'a t' of f e'or s a smail ousiness concern and.: not tne manuf acturer of the supones of ferec
- e aiso *corese M s Imat, sucores to De turnisnec 9ereu cer 2 evm 2 di not. De manuf acturered or procuced Dy a small bus: ness concern n
n tee t,,netec $! ate.
- ocssess.ons or Puerto Rice 2.
MINORITY BUSINESS ENTERPRISE de 2 s. 3.s not a minority ousiness enterprise A mmority ousiness enterotest is defmed as a " business, at seast 50 percent of ans is owned by minority grouc memcets or en case of nuchety owned businesses. at ieast 51 percent of the stock of anien is owned by m'acritt ou oose of tnis detenation. minority group memoers are Negroes Spanish soeammg American persons Toup memoers F or tne r
American-Or.entais Amer.can incians American Esmimos. and American. Aleuts.
3 REGUL AR DE ALER - MANUF ACTURER !Acoticante only to iuvoly contr,ects enceroing StQ 0001 He is a O(regular seaier in C manuf acturer of. the supones of fered a
CONTINGENT FEE Ser ust !S on SF JJ.A s 8
J' Me 2 nat $ nas not ?moioveo of retained any company or cersons torner (nan a tutt time Cona f'Le emulot*c. vuremp solesy 02 the "t "em.
- e, iohC't O' secure 'nis Contract and thi ne [ nas. X nas not, osed or agreed to pay any company or person 'Uthee fhan. 8.,ft time c.:es r c- -oeuvre wor.<ng sooerv for tne otterors any tee. commission. percentage or oronerage f ee contingent i ocn a resuiting frem Ine ae, ara of inia contract. anc agrees to f urnisn information rela'ing to tal and Ibs above. as reouested av the Contracting Officer 'a t era re.
tatoon at the representation,nctsaang the term " bons trae errpaover "see Coce of feceral Regu arrons. nele 41. Succart 11.5 i s
5.
TYPE OF BUSINESS ORGANIZATION He operates as 1 an inoividuai. C 4 partnersnio. 2 a nonprofit organifatiCn[ a Corcoration incotDorated unoer tne eaws of tne $ tag of Fi nri tia 6
AF FILI ATION AND IDENTIFYING D ATA s4nosicacte un/v to aovertisert soucitatiors,
Ea:- at*eror snais 6cmoiete ca and toi if doolicaoie, anc ici ee ow tai Me E s. 2 3 not owneo or controued by a carent company, tSee var 16 on SF JJ A.
Ibi If sne otterer es owned or controlled by a parent company ne snali enter in the biocas t)eiow tne name and main of fice address of the parent company.
The Wackenhut Corporation
....c.....,ce....f 3280 Ponce de Leon Blvd.
'?",7fl,'y'c"m Coral Gables Florida 33134
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EQUAL OPPORTUNITY
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fal He 6 has. O nas not. participated in a previous contract or subcontract subiect entne to tne Ecual Oooortunity clause meree:
ine ciause originallv contained in section 301 of Executive Order No.10925. or ine clause contained in Section 201 of Executive Order 1111.l. tnat ne O nas. C nas not, filed ali reouvred comotiance reports. and tnat representations indica:Ing submission of reouired compq reports. signed Dv proposeo subcontractors. will be cbtamed crior to subcontract awards (The aeove reoresentation need not be suomitt-q
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connect:on with contracts or subcontracts wnicn are enemot from ine ecual ocoortunity clause e d
ibi Tne o cder ter offerori reoresents that (11 ne Z nas developed and nas on file. C Sas not developers and coes not nave on fin eacn estaelisnment attirmative action programs as reovered by ine rules and regulations of tne Secretary of Labor 141 CFR 60 t and 421 he C nr.s not previously nad contracts suDiect to the written affirmative action Drograms reoverement of tne rules anc regulations of Secretarv of Labor I The aoove recreseritation snalt ce comotetect ey rat + boccer for offerors wnose Ord roffert os $50 000 or morc ants ano(
l SU or more emotovres o CER TIFICATIONS # Cheer or comorere an acos, cat.ne comes er nrocrit 1.
BUY AMERICAN CERTIFICATE Tne of feror certif.es as part of his of fer. that-eacn end product. encros tne end products listed below. is a domestic end product tas def.d
.n tne stause entitled " Buy American Act"1. and tnat components of unlinown origin have been considereo to have been mmed, produced.
manufactaired outlice the United States.
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Siaaoco Form 33 esee 2 IRLv &
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2 CLE AN AIR AND WATER Aooricabie of the 50 or otrv -= c-em 5100 200 3r me sontractorm Otto:er nas arterrmnea r"at aroers unerer ar. once!' note cuantory contract n any year mis encero $100 CCO or a tecmre to te usee has ceen the sucretr n' a conncnc" noer rne Cican Air Act r42 U.S C IB51c.8tcotin or tne Froerau wetre Pouutoon Control Act 133 U S C IJi9fcH eno a costed by EPA u
- r s at arnerwise esemot,
Ine Ond'Oer or of f eror certifies as f ollows ide any f acilit y to De utilised en the performance of this proDosed contract C has, f nas not. Deen instee on the Environmental O'olection Aqer'Cb list of V'olatmg Eacilities
.of we aid promptly notif y the contracting of ficer, prior to *ard.or tne 'eceipt of any communication f rom the Director. Office of
- Je'ai Activities. Environmental Protection Agenc). indicatmg tnat any facdity which ne proposes to use for tne performance of the
- cntract is,,ncer consiceration to oe listed on the EP A list of Violating Facilities.
(Cl He will include substantially this certsf ecation, including this paragraph (C), in every nonexempt subcontract.
3-CE RTIFICATION OF INOEPENDENT PRICE DETERMIN ATION (See car 18 on SF 33 4) tai B/ suomes. ion of inis etter. the offeror certifies. and in tne case nt a soint offer. eacn party enereto certifies as to.ts own organeration. tnat m connection with tnis procurement (1) The orices in :nis off er have been arrived at indepencently without consultation. communication, or agreement for the
.;w Lose of restr 1;tmg compet' tion, as to any natter relatmg to such prices with any other of f eror or witn ans competitor r
- 42) Unless otnerwise reouired av aw, the prices which nave been cuoted in tnis offer have not been etnowingIV disclosed Ov the s
v'*ror ar.i1 will not knowmgiv og oisclosed cv the offeror prior to openmg m the case of an advertised procurement or prior to award in the
- ase of J negotiated procurement. directiv or man'ectiv to any otr er offeror or to any competitoG and (31 No attemot nas been made or will be made by the offeror to induce any ott'er person or firm to suomit or not to suDmit an
- ,l'er f oC r Inat Durpose of restriCimg Competition.
Ita F acn person signing inis of fer certifies that:
111 He is tne person m tne offe or's orgamration responsible withm that organizatsor; for the decision as to the prices t'emg Wered me,em anct that ne r as not participated and wdl not particioate, m any action contrary to (a)(1) through tal(31 above. or
- 2) ul Me is not tne person in tne offeror's organization responsible witnm snat organeration for the decision as to the ofices
- 9eng of fered herem out that ne has Deen authortred in writing to act as agent for the persons responsible for such decision in certif ving that
.uc persons have rot oarticipated and us.1 not participate, m any action contrary to (al(1) through fal(3) aoove, and as their agent does metrov so certov; ana leo ne has act participated, and will not participate, m sny action contrary to (a)(1) through (all3) aoove.
4 CERTIF:CATICN CF NCNSEGREGATED FACILITIES r Apotreacte to (H contracts 121 succontracts. and (3) agreements arrn
.soa.orants eno are enemsenes performing tecerally assssted construction contracts. esceroong S10.000 whicn are not esemtst trom the per' visions of the Ecual Ocoorturnty stause.)
By ?ne suomission of inis bid. the bidder, offeror, apolicant. or subcontractor certifies that he does not mamtam or provide for his emo:os ees any segregated f ac:Isties at any of his establishments, and that he does not permit his employees to perform their services at any ocation ander n s control. wnere segregated f acilities are maintained. He Certifies further that he wdl not maintam of provide for his emplov-ees.nv segregated f acdities at any of his estab5snments. and that he will not permit his employees to perform their services at any Iccatiori, untt:r his contera vnere.aregated f acdities are maintamed. The bidder, off eror. apohcant. or subcontractor agrees that a breach of this cer.
'ification is a violation of the Ecual Opportunity clause in this contract. As used m this certification, the terrr " segregated facdoties" means any nait.ng rooms, work areas, rest ecoms and wash rooms. restaurants and other eatmg areas. time clocks locker rooms and other storage or tiressmg areas, partmg lots, drinking fountains, recreation or entertamment areas, transportation, and housmg facilit'es provided for em forces whicn are segregated Dy emplicit directive or are m fact segregated on the basis of race color religion or national origin.because of ha oit. local custom, or otherwise. He 'urther agrees that (e xcept where he has cbtair'ed identical certifications from proposed subcontractors for specific time periodst he will obtain identical certifications from proposed subcontractors prior to the award of 6ubcontracts exceeding S13.000 which are not exempt from tne provisions of the Ecuo Coportunity clause: that he will retam such certifications m his Nes, and that he will forward the following notice to such prooosed subcontractors (except where the proposed suocontractors have submitted identical certifications for specific time periodsl:
Notice to prospective subcontractors of recuirement for certifications of nonsegregated facilities.
A CettificJtion of Nonsegregated Facilities must De suomitted prior to the award of a subcontract exceeding 510.000 which :s not saampt from the provisions of tne Ecual Opportunity clause. The certification may be suomitted eitner for eacn subcontract or for all l
succontracts durmg a perio ti.e.. cuarterty, semiannually. or annually). /VO TE. The periatry for making false otters as prescribed m ##
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vS : soot Continued on Page 4 I
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.uo.3,s e o o.it ACKNOWLEDGMENT OF AMENDMENTS The orteror acanowwoges reco.ot of sinend-ments to *be Sonenaton for offers and re<aiad occuinents numoered and cated as tonown; U
- 0 TE Ot*er: nust set torts tun.rc: urate sna cometere unformation.us reau.reci or t'us Sotocarataan tweluaung attacn".ents The venarty v
- se maa ma tatse statements on of fers os cre:cronec un 18 n)S C 1009 5eanceeo 80em aa Page a.fes v JJ.,
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PART I Representations, Certifications, and Acknowledgeents - Continued SF-33 (Page 3) 5.
WOMAN-0WNED BUSINESS
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Concern is /_7 is not fit a woman-owned business.
The business _i.s publicly owned, a joint _ stock association, or a business trust fx/ yes f_/ no.
The business is /_/ certified f 7 not certified.
A woman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women.
Controlled is defined as exercising the power to make policy decisions.
Ocerated is defined as actively involved in the day-to-day management.
For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exemoted.
Exempteo businesses may voluntarily represent that they are, or are not, woman-owned if this information is available.
6.
PERCENT OF FOREIGN CONTENT The offeror / contractor will represent (as an estimate), immediately after c
the award of a contract, the percent of the foreign content of the item or service ceing procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent is acceptable).
7.
NON-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001)
The offeror hereby certifies as follows:
- f. f (a)
In the performance of Federal contracts, he and his subcontractors
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shall not in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupa-tional retirement plan, or statutory requirement, and
/]/' (b) That contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan, or statutory requirement.
8.
CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))
The offeror / contractor certifies that recovered materials will be used as required by specifications referenced in the solicitation / contract.
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9.
CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:
The award to NUSAr. Incorocrated of a conlract or tne modification or an existing contract coes f__t or oces not /_3/ involve situations or relationships of the type set forth in 41 CFR paragraph 20-1.5403(b)(1).
If the representation as completed indicates that situations or relat:an-ships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, tne offeror shall provice a statement in writing wnich describes in a concise manner all relevant factors bearing on his represen-tation to the Contracting Officer.
If the Contracting Officer determines that organi:ational conflicts exist, the following actions may ce taken:
(a) impose appropriate conditions which avoid such conflicts, (b) disqualify the offeror, or (c) detemine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of I 20-1.5411.
The refusal to provide the representation required by 520-1.5404(b) or upon request of the Contracting Officer the facts required by 820-1.5404(c),
shall result in disqualification of the offeror for award.
The nondisclo-sure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for dwards; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be teminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions pro-
, vided by law or the resulting contract.
The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds or work from the statements of work contained in an RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NP.C in the evaluation of proposals.
If the NRC considers the pro-posed excluded work to be an essential or integral part of the required _
work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.
The offeror's failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor informality, and the offeror will be pennitted to correct the omission.
Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-1.5404-1) prohibiting contractors from engaging in relationships which may give rise to an actual or apparent conflict of interest. Note: NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No. 1.
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PART III CONTRACT SCHEDULE ARTICLE I - STATEMENT OF WORK Provide expert opinion regarding the capability of material balance accounting reasonably to be expected for a process similar to that installed at the Nuclear Fuel Services plant in Erwin, Tennessee.
Statement of Work a.
In cooperation with the OPE staff, identify and obtain for review and evaluation a number of definitive reports (e.g., from DOE, NRC, LASL and KAPL) on the process and operation at NFS.
b.
Interview individuals intimately familiar with the process and its operation at NFS (e.g., NUSAC consultants and personnel at KAPL, ORNL and GA, where a cor.iparable process has been employed on a commercial scale).
c.
Explore any pertinent material balance capability information generated by Dupont at Savannah River.
d.
Within approximately four (4) weeks after contract award,th regard the contractor shall deliver to the Project Officer a written opinion wi to the material balance capability of a process similar to that at Nuclear Fuel Services plant at Erwin, Tennessee, with a summary of the significant factors which support that opinion.
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ARTICLE !! - PERIOD OF PERFORMANCE The cerformance of work described in ARTICLE 1 hereof shall commence as of the effective date of this contract and shall continue to completion thereof, esti-mateo to occur within 2
montns after said contract is effective.
ARTICLE !!! - CONSIDERATI0ii AND PAYMENT A.
Estimated Cost, Fixed Fee and Oblication 1.
It is estimated that tne total cost to the Government for full perform-ance of this contract will be S11,185.'58 of which the sum of 510,262.00 represents the estimateo reimbursable costs, and of wnicn 5 923.58 represents the fixed fee.
2.
There shall be no adjustment in the amount of the contractor's fixed fee by reason of oifferences between any estimate of cost for performance of the work under this contract and the actual cost performance of that work.
3.
The amount presently obligated by the Government with respect to this contract is 5 11,185.58.
B.
Payment -
The Government shall render payment to the contractor in approximately thirty (30) days after submission of procer ano correct invoices or vouchers.
Additic. al provisions relating to payment are contained in Clause 5.1-1 of tne General Provisions hereto.
ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES A.
Pending the establishment of final overhead rates which shall be negutiated based on audit of actual costs, the contractor shall be reim-bursed for allowable indirect costs hereunder at the provisional rate of 15 3 ! percent-of $2,466^.00.
B.
Pending the establishnent of final general and administrative rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional _ _
rate of 18.4 percent of $667.00.
C.
Notwithstanding A. and B. of this Article, said provisional overhead and G&A rates may be adjusted as appropriate curing the term of the contract upon the acceptance of such revised rates by the Contracting Officer. -
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PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION APTICLE y Al Except as specifically author 12ed by this contract, or as otherwise approved by the Contracting Officer, records or other information, documents and material furnished by the Conmission to the contractor in tne performance of this contract, or information developed by the contractor in the course of the work hereunder, shall be used only in connection with the work performed under this contract.
The contractor shall, upon completion or termination of this contract, transmit to the Concission all records or other information, documents and meterial, and any copies thereof, furnished by tae Commission to the contractor or developed by the contractor in the performance of this contract.
B.
The contractor shall be responsible for safeguarding from unaatnorized dis-closure any information or other documents and material exemot from ouolic disclosure by the Commission's regulations and made available to the con-tractor in connection witn tne performance of wort under this contract.
The contractor agrees to conform to all regulations, requirements, anc cirections of the Commission with respect to such material.
C.
The contractor's duties under this clause shall not be construeo to limit or affect in any way the contractor's obligation to conform to all security regulations and requirements of the Commission pertaining to classified information and material.
c KEY PERSONNEL ARTICLE VI Pursuant to tnis ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of tne work nereuilder and snall not De replaced without the prior approval of the Contracting Officer.
In such event,
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the contractor agrees to substitute persons possessing substantially equal abilities and qualifications satisfactory to the Contracting Officer.
Ralph F. Lumb ARTICLE VII
- TECHNICAL DIRECTICN A.
Performance of the work under this contract shall te subject to the tech-nical direction of the NRC Project Officer naned in ARTICLE VIII of l
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 accompl.ish the con-tractual scope of work.
l 2.
Providing assistance to the contractor in the preparation of drawin55, specifications or technical portions of the work description.
3.
Review and where required by the contract, approval of technical reports, drawings, specifications and technical information to De delivered by the contractor to the Goverraent under the contract.
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B.
Technical direction must be within the general scope of work stated in the contract.
The Project Of ficer does not have the authort ty to and may not issue any technical direction which:
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Constitutes an assignment of additional work outside the general scope i
of the contract.
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1 2.
Constitutes a change as defined in the clause of the General Provisions,
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entitled " Changes."
j 3.
In any way causes an increase or decrease in the total estimated i
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contract cost, the fixed fee, if any, or the time required for i,
contract perfonnance.
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4.
Changes any of the expressed terms, conditions or specifications of l
j the contract.
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C.
ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT OFFICER h
OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORXING DAYS AFTER VERBAL ISSUANCE.
A copy of said written direction shall be ji submitted to the Contracting Officer.
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The contractor shall proceed promptly with the performance of technical s
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.
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If, in the opinion of the contractor, any instruction or direction issued i-by the Project Officer is within one c,f the categories as defined in B(1)
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through (4) above, the contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.
Upon receiving such notification
!j from the contractor, the Contracting Officer shall issue an appropriate i
conteact modification or advise the contractor in writing that, ir. the
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Contracting Officer's opinion, the technical direction is within the sc. ope of this article and does not constitute a change under the Changes Clause.
3 D.
Any unauthorized commitment or direction issued by the Project Officer may _-
4 result in an unnecessary delay in the contractor's parformance, and may
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d even result in the contractor expending funds for unallowable costs under the contract.
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A failure of. the parties to sgree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto j]
shall be subject to the provisions of the contract clause entitled " Disputes."
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'. ARTICLE yIIy-PROJECT OFFICER L. D. Y. Ona is hereby designated as the Contracting Officer's authorized representative (hereinafter called Project _0fficer) for technical aspects of this contract. The Project Officer is not authorized to approve or request any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arising under the contract; or issue any unilateral directive whatever.
The Project Officer is responsible for:
(1) monitoring the contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirerants; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the contractor in the resolution of technical problems encountered during performance.
Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by contractors and submit recommendations for approval, disapproval, or suspension for supplies, services required under the contract.
The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.
For guidance from the Project Officer to the contractor to be valid, it must:
(1) be consistent with tne 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 c
stated above (4) not constitute a basis for any increase in the contract cost.
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ARTICLE IX - CONFLICT OF INTEREST (a) Purpose.
The primary purpose of tnis article is to aid in ensuring that the contractor:
(1) is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relates to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR 520-1.5402(f) in the activities covered by this article.
(c) Work for others.
Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this article.
If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall c
obtain the written approval of the Contracting Officar prior to execution of such contractual arrangement.
(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).
(2) The contractor agrees that if after awaro it discovers organiza-tional conflicts.of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract for convenience if it deems such termina-tior, to be in the best interests of the government.
(e) Access to and use of information.
(1)
If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been l
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released to the public, the contractor agrees not to:
(i) use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first,.
(iii) submit an unsolicited proposal to the government based on such infornation until one year after the release of such infor-mation to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3) The contractor shall have, subject to patent and security provi-sions of this contract, the right to use technical data it produces under this contract for private purposes provided that all require-ments of this contract have been met.
(f) Subcontracts.
Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this article, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and " Contracting Officer,"
snall be appropriately modified to preserve the government's rights.
l (g) Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as' necessarily imply bad faith, the government may terminate the contract for default. disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
(h) Waiver.
A request for waiver under this clause shall be directed in-writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 520-1.5411.
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l ARTICLE X
- SECURITY / CLASSIFICATION (Subject to Security Clearance) 1.
The contractor and contractor's personnel will be governed by the provisions of the Security / Classification Requirements, NRC form 187; incorporated herein by this reference and attached hereto as Contractor personnel requiring continual access to NRC facilities will be required to have an "L" clearance and must complete applicable clearance forms.
Guidance and necessary forms will be provided by the project officer.
2.
All keyed materials produced by the contractor shall be marked within the same classification markings as the source documents from which they were produced.
Cards bearing the appropriate classification markings will be furnished (by NRC) at the NRC site where the work is to be performed.
3*
If subsequent to the date of this contract, the security level under the contract is changed by the NRC and such change causes an increase or decrease in the estimated cost or the time required for performance under this contract the contract cost, delivery schedule, or both and any c
other provisions of the contract that may be affected shall be subject to an equitable adjustment by reason of such increased or decreased costs.
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Total expenditure for domestic travel shall not exceed $2,228.00 without the prior approval of the Contracting Officer.
The contractor will be
' reimbursed for reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the
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Contracting Officer, in accordance with tne contractor's approved travel j
policy on file with the NRC.
1 2.
The cost of travel by privately owned automobile shall be reimbursed at the mileage rate prescribed by the contractor's established, generally applicable travel policy: provided, however, that such reimbursement shall not exceed the cost of less than first-class travel by comon 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 app?icable travel policy.
4.
All cormon carrier travel reitbursaole hereunder shall be via economy class rates when available.
If not available, reimbursement vouchers will be j
annotated that economy class accormodations were not available.
First-class air travel is not authorized.
5.
Reasonable actual costs of lodging and subsistence, or per diem in lieu of 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 by the contractor's established, generally applicable travel policy.
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6.
Receipts are required for conman carrier transportation, lodging and miscellaneous items in excess of 515.00.
7.
Any revision to the contractor's established, generally applicable travel policy approved by the cognizant audit agency during the period of per-formance of this contract shall be effective, without fonnal 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.
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PART IV LIST OF ATTACHMENTS NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20)
Attachment 1
General Provisions Attachment 2~
NRC Form 187 Security / Classification Requirements Attachment 3
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U S NUCLE AM siE GULATORY COMMISSION Au MOh6T Y M BW N s# E v P 3 01. N R C S@Curit y I'rDV4*.
N AIM 2101 ac,Dir to perf ormance of Inns contract, sut Contract Dr Othef SClivlf y SECURITY / CLASSIFICATION REQUIREMENTS coAfPt ETE CLAsstF/ED /TEAfs BY SFPA R A TE CORRESPONCENCE 1.
FIE ASON F OR CONTR ACT NUMBER OR OillER IDEN.
PR OJECT E D
- 2. T HIS SUBMISSION IS:
REQUIREMENT TIF YING NUMBER (es.me concu r numtw COMPLETION EFFECTIVE nwsr te eoan ter en amontruto OATE E5" "ot* b*'**l OATE a.
INVIT ATION FOR SID.
e RE QUEST FOR PROPOSAL ORIGIN AL OR REOUEST FOR OUOTE b.
b.
X NRC-19-82-491 3/19/82 R E viS E D
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SUBCONTRACT
- d. OTHE R iseerotyp
- c. OT HE R (specotyl
- 3. F OR FOLLOW-ON CONTR ACT. ENTER PRECEDING CONTR ACT NUMBE R AND DATE COMPLETED.
O DOES NOT APPLY DATE COMPLETED CONTR ACT NUMBER 4a. N AME OF PRIME CONTR ACTOR, OF F E ROM. OT HE R (spec,fr#
- b. NAME OF RESPONSIBLE SECURITY OFFICE Ralph F. Lumb, NUSAC, Inc.
U.S. NRC Division of Security STRE ET ADDRESS ST REE T ADDRESS 7926 Jones Branch Drive CITY STATE ZIP CODE CITY STATE ZIP CODE McLean Va.
2210?
Washinoton D.C.
70555 Sa.N AME OF SUBCONTR ACTOR (Sper frJ
- b. NAME OF RESPONSIBLE SECURITY OFFICE STREET ADDRESS STREET ADDRESS a
CIT Y STATE ZIP CODE CIT Y STATE ZIP CODE
- 6. PROJECT TITLE AND OTHER IDI NTIF YlfeG INF ORMATION Consultant for certain types of uranium fuel manufacturing processes.
- 7. PERFORMANCE WILL REQUIRE YES NO TS S
C NSI RD ACCESS Tb NRC F ACILITIES ONLY.-
a.
X
- b. ACCES3 TO CLASSlFIED MATTER OR OTHER CLASSIFIED INFORM ATION.
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RECEIPT,STOR AGE.OR OTHE R SAFEGUARDING OF CLASSIFIE D X
X X
DOCUMENTS.
- d. GE NE RATION OF CL ASSIFIED DOCUMENTS.
X X
X e.
ACCESS TO CL ASSIF IE D COMSEC M ATERI AL OR OTr4ER CL ASSIFIED COMSEC INF ORMATION.
X
.t. ACCESS TO CLASSIFIED MATTE R OR CLASSIFIED INFORM ATION POSSESSED BY ANOTHER AGENCf.
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USE OF AN AUTOMkTIC DATA PROCESSING SYSTEM.
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- h. ACCESS TO NRC HE ADOUARTE RS/POSSF.SSION OF NRC PHOTO IDENTIFIC ATION OR C ARD-KEY B ADGES.
X X
X 1.
OTHER tsomer o l ),
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- s. INFORMATION PERYAl ING"T3THESE REQUIREMENTS OR THIS PROJECT, EVEN THOUGH SUCH INFORMA-l j
'lOh EXCEPT AS APPROVED TION IS CONSIDE3ED UNCLASSlFIED,SHALL NOT BE RE EASE FOR DISSEMINA' p &,/
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- 9.. SicuitlT Y CL ALLIF IC ATION REDI.e..MENTS CUtDANCE F UANISHED IN WRITING SY AUTHCRIZED CL ASSIFIE A AND ATTACHED 084 AS STATED IN 9e BELOW.
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- QUIDANCE FunNISHED IN WalTING BY DIVISION OF SECURITY AND ATTACHED 3R AS STATED IN 9e BELOW.
c.
NATURE OF CLASSIFICATION GUIDANCE t aa,,e na, se,
- l. NRC Classification Guide for S' feguards Infonnation a
- 2. Excerpts from CG-RN-1 ERDA-D00, " Classification Guide for the Naval Nuclear Propulsion Program" 10.CLASSirlCATION REVIEW OF CONTRACTOR / SUBCONTRACTOR REPORT (S) AND OTHER DOCUMENTS WILL BE CONDUCTED BY NAME OF AND flTLE OF POSITION OF AUTHORIZED CLASSIFIER O
O oiviSiON OF SECuRivv
- 11. REOUIRED DISTRIBUTION OF NRC FORM 187 (ChetA approar,are bontn!'
SPONSORING"NRC OFFICE OR DIVISION tirem FJaf PRIM E CONTR ACTO R (trem de/
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OlV8SIOfl OF SECURITY (Irem f.01 SUBCONTR ACTO R firem 5at RESPONSIBLE SECURITY OFFICE DIVISION OF CONTR ACTS IIrem 72cl totems k oo,d Sb)
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SECURITY / CLASSIFICATION REQUIREMENTS FOR SUBCONTRACTS RESULTING FROM THIS CONTRACT 4
WILL BE APPROVED BY THE OFFICIALS NAMED IN ITEMS 12b AND 12C BELOW.
12.THE SECURITY / CLASSIFICATION REQUIREMENTS AND ATTACHMENTS REFERENCED HEREIN HAVE BEEN s
APPROVED BY THE OFFICIALS NAMED IN 12a AND b BELOW. FINAL CONTRACTING APPROVAL BY THE DIRECTOR, DIVISION OF CONTRACTS OR HIS REPRESENTATIVE IS TO BE INCLUDED IN 12C BELOW.'_
NAME SIGNATURE DATE
- c. DIRECTOR, OFFICE OR OlVISION Forrest J. Remick
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- c. CIRECTOR, DIVISION OF CONTRACTS
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initials Date TO: (Name, omce symbol, room number, butiding. Agency / Post) l 1.
Document Management Branch, P-016 Public Document Room, H-St Lobby 2.
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~ Note and Retum lAction File For Clearance Per Conversation
__ fApproval (As Requested For Correction P epare Reply Circulate For Your Information See Me bomment Investigate Signature ICoordinatic,n 1 Justi*r REMARKS The attached contract document is hereby forwarded for display in the 9
Public Document Room.
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us DO NOT use this form as a RECORD of approvals, concurrences. disposats, clearances, and simitar actions Room No.-Bldg.
FROM: (Na ymbol, Agency / Post) 2204 AR 1
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Administrative Contracts Branch, DC i
onlONAL FORM 41 (Rev. 7-76) sou-to2 um,,,
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