ML20043B187

Contract: R&D on Issues Re Improving Effectiveness of Maint Programs at Nuclear Power Plants, Awarded to Sonalysts,Inc

ML20043B187
Person / Time
Issue date:	04/06/1990
From:	Mace M, Peterson L NRC OFFICE OF ADMINISTRATION (ADM), SONALYSTS, INC.
To:
Shared Package
ML20043B186	List: ML20043B185 ML20043B187
References
CON-FIN-L-15130, CON-NRC-04-90-054, CON-NRC-04-90-054-0, CON-NRC-4-90-54 NUDOCS 9005250037
Download: ML20043B187 (26)

Text

~

i-L'-

~

AWARD / CONTRACT

]

Page 1

+

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) RATING-I

2. CONTRACT NO.

l3. EFFECTIVE DATE l4. REQUISITION / PURCHASE I

n (Proc. Inst. Ident.) No.l l

REQUEST / PROJECT NO.

NRC-04-90-054-03 l

APR 0 61990 l

RES-90-054-l l

5. ISSVED BY Code:

l6. ADMINISTERED BY Code:

l (If other than Item 5)

U.S. Nuclear Regulatory Commission l Contract Administration Branch i

Div. of Contracts & Property Mgmt.

l Div. of Contracts & Property Mgmt.

l Contract Negotiation Br. 2; P-1042 l Mail Stop P-902 Washington, DC 20555 l Washington, DC 20555 I

CONTACT - Donna Umbel l

l PHONE - (301) 492-4281 l

7. NAME AND ADDRESS OF CONTRACTOR l8. DELIVERY Sonalysts, Inc.

l

()

F0B ORIGIN 3

P. 0. Box 280 l

(X)

OTHER (See below) Block 11 1

Waterford, CT 06385 l

l 9. DISCOUNT FOR PROMPT PAYMENT l

N/A Duns Code:

l

'i Facility Code:

l

10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6 11.-SHIP T0/

CODE l12. PAYMENT WILL CODE MARK-FOR j

BE MADE BY US Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Attn:- Dr. Monideep K. Dey, NLS-167 l

Division of Accounting and Finance Washington, DC 20555 l

GOV /COM Accounting Section j.

Washington, DC 20555 t

13. AUTHORITY-FOR USING OTHER THAN FULL AND OPEN COMPETITION

( ) 10 U.S.C. 2304(c)( ) '( ) 41 U.S.C. 253(c) ( )

14. ACCOUNTING AND APPROPRIATION DATA B&R:

0601925020 FIN:

L15130

-APPN. No. 31X0200.600 AMT. OBLIGATED:

$46,364.00 15A. ITEM 158.SVPPLIES/

15C. QUANTITY ISD. UNIT ISE.VNIT 15F. AMOUNT NO.

SERVICES PRICE Provide services to perform research in accordance with Sonalysts, Inc.'s Technical Proposal dated October 20, 1989, as amended March 9, 1990, both of which are incorporated herein by reference, and the schedule as revised and mutually agreed upon on March 27, 1990, which is made a part of this Contract.

15G. TOTAL AMOUNT OF CONTRACT

$46,364.00 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)

Prescribed by GSA FAR(48 CFR) 53.214(a) 9005250037 900406 PDR CONTR NRC-94-964D8Jq

PDC,

t. ),

x

_ AWARD / CONTRACT' Page 2'-

~

U 16.

TABLE OF CONTENTS X SEC DESCRIPTION-PAGE(S)

PART I-- THE SCHEDULE A; SOLICITATION / CONTRACT-FORM

'B SUPPLIES OR SERVICES AND PRICES / COSTS-C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D

PACKAGING AND MARKING E-INSPECTION AND ACCEPTANCE 1

F DELIVERIES OR PERFORMANCE G

CONTRACT ADMINISTRATION DATA Hs SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I-CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS i

J LIST OF ATTACHMENTS PART_IV - REPRESENTATIONS AND INSTRUCTIONS K-REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFER0RS L-

. INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFER0RS

'M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17.

(X) CONTRACTOR'S NEGOTIATED AGREEMENT-(Contractor is required to sign this document and return 3 copies to issuing office.-) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and-on any continuation sheets for the consideration. stated herein. The rights _and obligations of the parties'to

'this contract shall be subject to and governed by the following documents: (a)

,this. award / contract,-(b) the solicitation, if any,-and (c) such provisions, representations, certifications, and specifications as are attached or incorporated by reference'herein.

(Attachments are listed herein.)

i 18.

( ) AWARD-(Contractor is not required to sign this document.) Your offer

-on-Solicitation Number'

, including the additions or changes made by i

you which additions or changes are set forth in full above, is hereby accepted

as to the items listed above and on any continuation sheets. This award

-consummates the contract which consists of the following-documents: (a) the Government's solicitation and your offer, and (b) this award / contract. No further contractual document is necessary, 19A. NAME_AND TITLE OF SIGNER l 20A. NAME OF CONTRACTING OFFICER

-(Type or print)

MN{0N R. PETERSM3gT{NgTS.

Mary H. Mace q

L 198. NAME OF ONTRA TOR l 208 UNITED STATES OF ERICA by by

$bU.

Ib (ffature of person authorized to sign)

(Signatu[eoffontracting/ Officer)-

20C. DATE SIGNED 19. DATE SIGNED,

ggg EXCEPTION TO STANDARD FORM 26 (REV.4-85)

/

/

m

eg

~

~~

~

~~

nl0

'S

.P' TABLE'0F CONTENTS PAGE-i i

0 AWARD / CONTRACT.....,.......................

1 TABLE OF CONTENTS..........................

3 PART I ' : THE SCHEDULE.......................

5 SECTION B - SUPPLIES 0R SERVICES AND PRICE / COSTS-..........

5 l

- B.1 PROJECT TITLE,......................

5.

B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) 5 B.3

' CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE.......

5 (JUNE 1988)

SECTION C - DESCRIPTION / SPECIFICATION................

6

/ WORK STATEMENT R

C.1 STATEMENT OF WORK... -.,................ _,

6 SECTION O PACKAGING AND MARKING...........

7 0.1 PACKAGING AND MARKING (MAR 1987)..............

7 i

SECTION E - INSPECTION AND ACCEPTANCE........-........

8 E.1

-NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.

8 SECTION F - DELIVERIES OR PERFORMANCE...............

9 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.

9 F.2 PREPARATION OF TECHNICAL REPORTS (JUNE 1988)........

9 F.3 PLACE OF DELIVERY--REPORTS (JUNE 1988)...........

9 F.4 DURATION OF CONTRACT PERIOD (MAR 1987)...........

10 F.5' DELIVERABLES / MEETINGS....................

10 i

SECTION G - CONTRACT ADMINISTRATION DATA..............

12 G.1 PROJECT OFFICER AUTHORITY (MAR 1987)............

12

~ ALTERNATE II-(MAR 1987) 12 G.2 PATMENT...........

SECTION H - SPECIAL CONTRACT REQUIREMENTS..............

13 H.1 KEY PERSONNEL (MAR 1987) 13 H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987).......

14 i

H.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988)..

14 H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST......

14 H.5=

GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED..

16 c(JUNE'1988)

H.6 - DISSEMINATION OF CONTRACT INFORMATION (FEB 1990)......

16 PART II - CONTRACT CLAUSES...

18 CONTRACT C LAUS ES.........'..........

18

- SECTION I I.1 NOTICE' LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.

18 I.2 PROMPT PAYMENT-(FAR 52.232-25)-(APR 1989).........

19 I.3.

ELECTRONIC FUNDS _ TRANSFER PAYMENT METHODS (FAR 52.232-28).

24 (APR 1989)

I.4 CLAUSES INCORPORATED BY REFERENCE..............

25

~ (FAR 52.252-2) (JUN-1988)

PART III - LIST OF DOCUMENTS, EXHIBITS...............

26 AND OTHER ATTACHMENTS w

v

ae.

e a

f 9'

i,,I'4 e

(' * "

TABLE OF CONTENTS PAGE

,q..

1-Q ISECTION~ J - LIST 0F ATTACHMENTS..:.,

.7, 26

.m

. J.1 ATTACHMENTS (MAR 1987)...'..............,

-26:

-l f

s I

+

(

-(

R

s b

I b

l f

'i s

}

4 9

1 :

s

h,,l4! :/c

.i PR ' '

-Page.5

.3 NRC-04-90-054-03 Section B

^

PART I -'THE' SCHEDULE e

SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS 3

B.I' PRDJECT TITLE f

The. title of this project is as follows:

l L

Research and Development on Issues Related to Improving Effectiveness of Maintenance

'i Programs at Nuclear Power Plants.

(End of Clause)

'B.2 BRIEF DESCRIP1 ION OF WORK (MAR 1987) c Provide services for research and development in developing a standard for an acceptable maintenance program which will improve the effectiveness of maintenance programs at nuclear power plants.

(End of Clause)

B.3 CONSIDERATION AND 0BLIGATION--FIRM FIXED PRICE.

-(JUNE 1988)

The firm fixed price of this contract is $46,364.00.

(End of Clause) r L

?

D L.

+

t

,S-'

Page 6-T 3,v ;, -

NRC-04-90-054-03 Section.C-

.y.

SECTION C - DESCRIPTION / SPECIFICATION

/ WORK STATEMENT C.1-STATEMENT OF WORK

.s The Contractor shall perform research in accordei with the technical proposal entitled "Research and 1

. Development on Issues Related to Improving Effectiveness of Maintenance Programs at Nuclear Power Plants," dated i

J October 20, 1989, as amended March 9,.1990, which are hereby. incorporated by reference and made a.part of this contract.

(End of Clause) b

+

t b

f

-m

-]

Page 7 o'

,; L NRC-04-90-054 Section D SECTION D - PACKAGING AND MARKING-t I

0.1 PACKAGING AND MARKING (MAR 1987)

The Contractor shall package material for shipment to the NRC-in such a manner that will ensure' acceptance by common carrier and safe' delivery at. destination.

Containers and closures shall comply with.

1the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules,. or regulations of other carriers as ' applicable to the mode of transportation.

On the front of the-package, the t

Contractor-shall clearly identify the contract number under which

]

the product is being provided.

(End of Clause) l

.c l

h I

E 1

\\

i l

0 la 7, :

1.

N-r

Page 8 i.'

NRC-04-90-054 Section E I

p SECTION E - INSPECTION AND ACCEPTANCE

.t E.1 NOTICE LISTING CONTRACT-CLAUSES INCORPORATED BY REFERENCE v

NOTICE: The following solicitation provisions.and/or contract clauses pertinent to this section are hereby incorporated by reference:

a_

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE o

52.246 APR 1984 INSPECTION OF SERVICES -- FIXED-PRICE 1

(

a t

I*

c I

l 1

em-

?h l j.

~+3

[L.

Page 9 NRC-O'4-90-0'54-03 Section F

^

y 6 v.s i SECTION F - DELIVERIES OR PERFORMANCE t

'.}y F.1 -

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE I

NOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

' FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE I

52.212-13 AUG 1989 STOP-WORK ORDER F.2 PREFARATION OF TECHNICAL REPORTS (JUNE 1988)

All technical reports required by Section C'and all Technical Progress Reports required by Section F are to be prepared in accordance with the attached NRC Manual Chapter 3202.

NRC Manual

'c-Chapter 3202 is.not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract. (See Section J for List of Attachments).

(End of Clause)

F.3 PLACE OF DELIVERY--REPORTS (JUNE 1988)

The items to be furnished hereunder shall be delivered, with i

y all_ charges paid by the Contractor, to:

L a.

Project Officer (3 copies)

US Nuclear Regulatory Commission Office of Nuclear Regulatory Research Division of Regulatory Applications, NLS-169 Washington, DC 20555 l

b.

Contracting Officer (1 copy)

U.S. Nuclear Regulatory Commission Contract Number: NRC-04-90-054-03 Division of Contracts and Property Management Contract Administration Branch Washington, D.C.

20555 (End of Clause)

g

[

Page 10<

'NRC-04-90-054-03 Section F r,

F.4 DURATION OF CONTRACT PERIOD (MAR 1987)

This-contract shall commence on the effective date of the.

contract and will expire fifteen months after the effective date.

i (End of. Clause)

F.5 DELIVERABLES / MEETINGS F.5.1 MILESTONE DATE-a.

Present Detailed Work Plan Apr.1990

.i b.

Present Progress Report May 1990 l

c.

Deliver Technical-Letter Report with May 31, 1990 Comments on Draft Regulatory Guide DG-1001 and Public Comments d.

Present Progress Report Jun 1990 e.

Deliver Interim Technical Report on Jun 29,_1990 Systematic Approach to Repetitive Failures f.

Receipt __of Three Interim Technical-Jun 29, 1990 Reports-g.

Comments on Presentation of Interim Reports Jul 1990

[

h.. Deliver Technical Letter Report with Aug 31, 1990 Comments on Three Interim Technical Reports

1. Participate in Public Workshop-Sep 5/6, 1990**

j. Receive Comments on Interim Technical Sep 16, 1990 Report

- k. Present Progress Report Sep 1990

1. Deliver Draf t -Final Technical Report

'Sep 28, 1990 m.- Presentation of Draft Final Report Oct 1990

n. Receive Comments on Draft' Final Report Nov 30, 1990

o. Participate in ACRS Subcommittee Meeting-Nov 1990

p. Participate in ACRS' Full Committee Meetin'g Dec 1990 s-

q. Deliver Final Report Dec 31, 1990

r. Attend Commission Briefing May/Jun 1991

Page.'11 u

NRC-04-90-054-03; Section F t

F.5.2 FORMAT AND CONTENT.0F REPORTS In order to facilitateLthe applicability and'use of the reports by the NRC regulatory staff,'the reports should' include:

a.'

• Analyses and responses:to.public comments in the technical

= areas covered by the contract b.'

• Recommendations for requirements to be included in the Maintenance Standard, c.

• Alternate methods for implementing the recommended requirements of the Maintenance Standard, d.

Examples of plant-specific applications of the proposed methods to demonstrate the applicability and effectiveness of the approach (es).

• A11' conclusions or recommendations should be supported with a rationale or basis statement including appropriate citations to relevant studies or technical references in support of the 1

rationale.

• • Subject to availability of facility.

e l

I L

l.

c l.

7 p

=Page 12 L.i

~NRC-04-90-054-03:

Section G

~'

y

L d'l>

-SECTION G - CONTRACT ADMINISTRATION DATA G.1 PROJECT OFFICER AUTHORITY (MAR 1987)

ALTERNATE II (MAR 1987) a.

The Contracting Officer's authorized representative

. hereinafter referred to as the Project Officer for this contract is:

C Name:

Dr.'Monideep K. Dey Address: US Nuclear Regulatory' Commission Office of Nuclear Regulatory Research.-

Division of Regulatory Applications - NLS-169 Washington, DC 20555 Telephone Number: (301) 492-3730

.b.

The Project Officer is responsible for:

1) Monitoring Contractor performance and. recommending to the' Contracting Officer changes in requirements.

2)

Inspecting and accepting products / services-provided under the contract.

'3) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making

~

recommendations for approval, disapproval, or suspension.

4 i

c.

The Project Officer ts not authorized to make changes-to the express terms and conditions of this contract.

(End of Clause) 1 G.2 PAYMENT l

l a.

Partial payments (5 each) in the amount of $7,727.33 will be F

paid to the contractor upon submission and acceptance of the L

five deliverables outlined in F.5.1.c.,

e.,

h.,

l., and q.

herein.

l b.

Final payment in the amount of $7,'727.35 will be paid to the

~

~

l contractor upon completion of the contract as outlined in F.5.

l herein.

l (End of Clause) 1' I

F

~

p% -

N'

.NRC-04-90-054-03 Section H

'Page 13 j

y;

c 4

y

-SECTION H - SPECIAL CONTRACT REQUIREMENTS w

- H. I' KEY PERSONNEL (MAR 1987)

a.. The following individuals are considered to be essential to the successful' performance of the work hereunder, avid J. Odland The Contractor agrees that such personnel shall not be removed from the' contract work or replaced without compliance with paragraphs b and c hereof.

b '.

If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than in'dicated in the proposal or initially anticipated, the Contractor shall,immediately notify the Contracting Officer and shall, subject to-the concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications, c.

All requests'for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions.

They contain a' complete-resume for the proposed substitu'te, and other information requested by the Contracting Officer to approve or

' disapprove the proposed substitution.

The Contracting Officer will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof in writing.

d.

If_the Contracting Officer determines that:

1) Suitable and timely replacement of key personnel who have been reassigned,~ terminated or have otherwise become y

p unavailable for the contract work is not reasonably forthcoming; or

2) That the resultant reduction of effort would be so

, substantial as to impair the successful completion of the contract

' or the service order, the contract may be terminated by the E

Contracting' Officer for default or for the convenience of the L

Government, as appropriate. If the Contracting Officer finds the L;

Contractor at fault for the condition, the contract price or fixed L

fee may be equitably adjusted downward to compensate the Government E

for any resultant delay, loss or damage, l

L (End of Clause)

J l

~

i t,-

Page 14 f

.NRC-04-90-054-03 Section H.

+'

q H.2. SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)

The Contractor. shall.take all reasonable precautions in the

. performance of the work under this contract to protect the health-

.and. safety of employees and of members of the public and to minimize

-danger from all hazards to l_ife and property and shall comply with all applicable health, safety, and f_ ire protection' regulations and requirements.(including reporting requirements) of.the Commission and the Department'of Labor..In the event that the Contractor fails to comply ~with these regulations or requirements, the Contracting Officer, may, without prejudice to any other legal or contractual.

rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Officer.

The Contractor shall make:no. claim for an extension of time or for compensation or damages by reason of.or in connection with such work stoppage.-

(End of Clause)

H.3 - PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988)

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data _ developed or acquired by or furnished to the Contractor in the performance of this contract shall be used only in connection with the work under this contract.

(End of Clause)

-H.4 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (a) Purpose. The primary purpose of this clause is to aid in ensuring.that the contractor:

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

'prtformance of this contract.

(b) Scope.

The restrictions described apply to performance or participation by the contractor as defined in 41 CFR 620-1.5402(f) in the activities covered by this clause.

(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 under this contract abide by the provision of this clause.

If the contractor has reason to believe with respect to itself or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of s

W.

Page 15:

~

NRC-04-90-054 Section H-

~

,y such con'tractual 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 620-1.5402(a).

(2) The contractor agrees that, if after award, it 2

discovers organizational conflicts of interest with respect to

'~

.this contract, it'shall make.an immediate'and full disclosure in writing ~to the contracting officer. This statement must 1

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 if termination is in the best interest of the Government.

(e) Access to>and use of information.

P (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 released to the public, the contractor c

-agrees not to::

.i (1) Use this information for any private purpose

.until the jnformation has been released to the public; (ii)_ Compete-for work for-the Commission based on the inforriation for a period of six months af ter either '

the completion of this contract or the release of the s

information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after

~the release of the information to the public, or (iv) Release the information without prior written approval by the contracting officer unless the 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 the information in accordance~with restrictions placed on use of the information.

(3) The contractor shall have, subject to patent and

-i security provisions of this contract, the right to use technical data it produces under this contract for private l

. ~.it c ;.

~

~

.Page 16'

1. 1.

'NRC-04-90-054 Section H t

g,."

purposes provided that all requirements of.this. contract have 4

s been met.

(f)5 Subcontracts'-Exceptasprovidedin41CFR 920-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier.

The terms

- " contract," " contractor," and " contracting officer," must be appropriately modified to preserve the Government's rights.

(g) Remedies.

For breach of any of the above restrictions, or for intentional nondisclosure or. misrepresentation of any

. relevant interest required to be disclosed concerning this.

contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual r

efforts, and pursue other remedies permitted by law or'this contract.

(h). Waiver. A request for waiver under this clause must be directed in writing through the contracting officer to.the Executive Director for Operations (EDO) in accordance with the procedures outlined in 41 CFR S20-1.5411.

-(End of Clause)

H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUNE 1988)

The Government will not provide any equipment / property under this contract.

1 (End of Clause)

~

H.6-DISSEMINATION OF CONTRACT INFORMATION (FEB 1990)

. In~ addition to the' reports required under Section F entitled-l-

" Deliveries or Performance,"'the contractor and the NRC Project Officer shall discuss whether the information resulting from this research warrants l-publication in refereed scientific and engineering journals.

Such E

publication should focus on advances in science and technology and minimize conclusions and/or recommendations.which may have regulatory implications.

L The Contracting Officer will make the final determination whether the publication of:research results is within the-scope of work under this 1

L contract. The Contracting Officer will notify the contractor of the

- decision.in writing.

The contractor shall not proceed with such publication until after receipt by.the contractor of notification that publication should be pursued.

If the decision is made to publish, the contractor shall actively pursue the publication in accordance with the provisions of NRC Manual Chapters 3202 and 3206.

The contractor shall coordinate all such publications with, and transmit a copy of the proposed article to, the NRC Project Officer for review and approval prior to publication.

The intent of i

l m

.{

px ;

o

't L., _..

Page 17-ig c

/

,ENRC-04-90-054-03 Section H

~ :

r-L

[9

~.this provision-is to facilitate the broad-disseminationiof significant--

-information.- 'It. is not intended to control the publication of research

~

,'.,;. ;, 4.

_ supported-by.the~NRC.

. (End of Clause) j i

, +:

t n.

h f

e

.+

O I

@'g

y

~

^

~

~

j 4,

Page 18

. Section I-

,.7 NRC-04-90-054-03 t

PART II' - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE NOTICE:: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3: APR 1984 GRATUITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE: GOVERNMENT-52.203-7 OCT 1988 ANTI-KICKBACK PROCEDURES 52.209-6 MAY 1989 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR i

DEBARMENT L

52.215-1 APR 1984 EXAMINATION OF-RECORDS BY COMPTROLLER-GENERAL 2

52.215-2 DEC 1989 AUDIT -- NEGOTIATION 52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.219-8 FEB 1990 UTILIZATION OF SMALL BUSINESS o

CONCERNS AND SMALL lL

~ DISADVANTAGED BUSINESS CONCERNS

~

52.219-13 AUG 1986 -UTILIZATION OF WOMEN-1 0WNED SMALL BUSINESSES L

52.220-3 APR'1984 UTILIZATION OF LABOR' L

SURPLUS AREA CONCERNS 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS 1

i-52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDIC H O WORKERS 52.222-37 JAN 1988 EMPLOYMENT REPORTS ON SPECIAL

(

DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA L

52.225-13 MAY 1989 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS l

52.227-1 APR 1984 AUTHORIZATION AND CONSENT j

w P

. y. -

Page 19

-NRC-04-90-054-03 Section I-i-

I 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING'

-PATENT AND COPYRIGHT INFRINGEMENT 52.229-3' APR 1984 FEDERAL, STATE, AND LOCAL TAXES 52.229-5 APR 1984 TAXES -- CONTRACTS PERFORMED IN U.S. POSSESSIONS ~0R PUERTO RICO

.52.232-1

-APR 1984 FAYMENTS 52.232-8L APR 1989 DISCOUNTS FOR PROMPT. PAYMENT 52.232-11 APR 1984 EXTRAS 52.232-17' APR 1984-INTEREST 52.232-23 JAN 1986-ASSIGNMENT OF CLAIMS' 52.233-1 APR 1984 DISPUTES 52.233-3 AUG 1989 PROTEST AFTER AWARD 52.243-1 AUG 1987 CHANGES -- FIXED PRICE ALTERNATE I (APR 1984) f 52.244-5

'APR 1984 COMPETITION IN SUBCONTRACTING 52.245-2' APR 1984 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) 52.249-4 APR 1984 TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT (SERVICES)

(SHORT FORM) 52.249-8 APR 1984 DEFAULT- ( FIXED-PRICE.

SUPPLY AND SERVICE) 52.246-25 APR 1984 LIMITATION OF LIABILITY - SERVICES

'I.2 PROMPT PAYMENT (FAR 52.232-25) (APR 1989).

1 Notwithstanding any other. payment clause in this contract, the

- t Government will make invoice payments and contract financing payments under,the-terms and conditions specified in this clause.

Payment shall be considered-as being made on the day a check is

. dated or an electronic funds transfer is made. ' Definitions of pertinent terms are set-forth.in 32.902. -All days referred to in-

=this clause are calendar days, unless otherwise specified. The-term

" foreign vendor" means an incorporated concern not' incorporated in the United: States, or unincorporated concern having its principal place of business outside the United States.

(a) Invoice Payments.

(1)-For purposes of this' clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract

'or other authorization' for supplies or services. accepted by the i

Government. This includes payments for partial deliveries that have been accepted by the Government and final cost or fee payments where amounts owed have been settled between the Government and the

> Contractor.

(2) Except'as indicated in subparagraph (a)(3) and paragraph (c) o of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

i (1) The 30th day after the designated billing office has received a proper invoice from the Contractor.

i

.(ii) The 30th day after Government acceptance of supplies m

. - a

3 Page 20

?

NRC-04-90-054-03' Section-I delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred.on the-

- effective date of the contract settlement.

However, if the designated billing office fails to annotate the invoice with the J'

-actual ~date of receipt,-the invoice payment due date shall be deemed

'to be the 30th day after the date the Contractor's invoice-is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(3) The due date on: contracts for meat and meat food products, contracts for perishable agricultural commodities, contracts for dairy products, edible fats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of-an invoice shall be as follows:

-(1) The due date for meat and meat food products, as defined P

.in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)) and.further defined in Pub. L.98-181 to include any edible fresh or frozen poultry meat, any perishable poultry meat

food product, fresh eggs, and any perishable egg product, will be as close as possible to, but not later than, the 7th day after product l

delivery.

(ii) The due date for perishable agricultural commodities,-as defined in'Section 1(4) of the Perishable Agricultural-Commodities Act of 1930_(7 U.S.C. 499a(44)), will be as close as possible to, but not later than, the 10th-day after product delivery, unless L

another date is specified in the contract.

(iii) The due date for dairy products, as defined in Section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C

-4502(e)), edible fats or oils, will be as close as possible to, but not later than, the 10th day after the date on which a proper invoice-has been received.

L (4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services D

performed. An invoice'shall be prepared and submitted to the designated billing office specified in the-contract. A proper invoice must include the items listed in subdivisions (a)(4)(1) through (a)(4)(vi11) of the clause.

If the invoice does not comply Z

with these requirements, then the contractor will be notified of the defect within 7 days after receipt of the invoice at the designated billing office (3 days'for meat and meat food products and 5 days for perishable agricultural. commodities, edible fats or oils, and food products prepared from edible fats or oils).

Untimely notification will be.taken into account in the computation of any l

interest penalty-owed the Contractor in the manner described in subparagraph (a)(6) of this clause.

(1) Name and address of the Contractor.

i (ii) Invoice date.

l

+

N Page 21

,)

NRC-04-90-054-03 Secticn I

~'

y

\\

1 (iii) Contract number or_other authorizat' ion for supplies

'l delivered or services performed (including order number and contract

-1 line item number).

-)

(iv) Description, quantity, unit of_ measure, unit price, and i

extended price of supplies delivered or services performed.

-(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms).

Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice.

(viii) Any other information or documentation required by other requirements of the contract (such as evidence of shipment).

(5) An interest penalty shall be paid automatically by the Government,.without request from the Contractor. if payment is not made by.the due date and the conditions listed in subdivisions

_(a)(5)(1) through (a)(5)(111) of this clause are met, if applicable.

An interest penalty shall not be paid on contracts awarded to

. foreign vendors outside the United States for work performed outside the United States.

(i) A proper invoice was received by the designated billing office.

(ii) A receiving report or'other Government-documentation-authorizing payment was processed and there was no' disagreement over quantity, quality, or contractor compliance with any_ contract term or condition.

I (iii) In the case of a final invoice-for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(6) The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes 1

Act of 1978 (41 U.S.C. 611) that is in effect on-the day after the due date, except where the interest penalty is prescribed by other governmental authority.

This rate is referred to as the

" Renegotiation _ Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment

'd 3

U'

~

Page 22-

-Section I

s. C NRC-04-90-054-03 e

date. That is,. interest accrued at the end of any 30-day period

~ '

will be added to the' approved' invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period.

If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in subparagraph

'(a)(4) of this clause, then the due ~date on the corrected invoice will be adjusted by subtracting the number of days taken beyond the

. prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date.

Adjustments will be made by the designated payment office for errors in calculating interest penalties, if requested by the Contractor.

(1) For the sole purpose of computing an interest penalty that might be due the contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day after the contractor delivered the supplies or performed the services in accordance with the terms and condition,s of the contract, unless there is a disagreement over quantity, quality, or contractor compliance with a contract provision.

In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or i

services, perform contract administration functions, or make. payment prior to fulfilling their responsibilities.

(ii) The following periods of time will not be included in-the determination of an interest penalty:

[

(A) The period taken to notify the contractor of defects in invoices submitted to the. Government, but this may not exceed 7 days (3 days for meat and meat food products and 5 days for perishable agricultural commodities, dairy products, edible fat or oils, and food products prepared from edible. fats or oils).

(B)'The period between the defects notice..and resubmission of the corrected invoice by the Contractor.

(iii) Interest penalties will not continue to accrue after L

the filing'of a claim for such penalties under the clause.at i

52.233-1, Disputes, or for more than 1 year.

Interest penalties of less than $1.00 need not be paid.

L (iv) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest 1

that may be payable, will be resolved in acco.rdance with the clause at 52.233-1, Disputes.

(7) An interest penalty shall also be paid automatically by the designated payment office, without request from the contractor, if a discount for prompt payment is taken improperly.

The interest penalty will be calculated as described in subparagraph (a)(6) of

i

,A" Page'23

- p.

• NRC-04-90-054 ~

Section I s

[

-this clause on the amount of discount taken for.the period beginning with the first' day after the end of the discount period through the date when~the Contractor is paid.

(8)'If this' contract was awarded on or after October 1,1989, a i

penalty amount, calculated in accordance with regulations issued by the Office of Management and Budget, shall be paid in addition to thel interest penalty amount if the contractor:

(1) Is owed an interest penalty;.

(ii) Is not paid.the interest penalty within-10 days after i

the date the invoice amount is paid; and (iii)Makesawrittendemand,notlaterthan40daysafter the date1the invoice amount is paid, that the agency pay such a penalty.

t' (b) Contract Financing Payments.

(1) For purposes of this clause, " contract financing payment" means.a Government-disbursement of' monies to a Contractor under a contract clause or.other authorization prior to acceptance of supplies or services by the Government, Contract financing payments include advance payments, progress payments based on cost under.-the clause at~52,232-16, Progress Payments, progress payments based on a

' percentage or stage of completion (32.102(e)(1)) other than those made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause.at 52.232-10, Payments Under

' Fixed-Price Architect-Engineer Contracts, and interim payments on cost type contracts.

(2) For contracts that provide'for contract financing, requests v

for payment shall.be submitted to the designated billing office as specified in_this contract or as directed by the Contracting 1

L Officer. Contract financing payments shall be made on the 30th day l;

after. receipt of a proper contract financing request by the L

' designated billing office.

In the event that an audit or other review of a specific financing request is required to ensure L

compliance'with the' terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified.

(3) For advance payments, loans, or other arrangements that do

not' involve recurrent submissions of contract financing requests, y

payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.

l+

(4) Contract financing payments shall not.be assessed an interest penalty for payment delays.

(c) If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.

l o

l m

N

f*

page;24' g

NRC-04-90-054-03 Secticn I i

(EndofClause)

I.3 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (FAR 52.232-28)

(APR1989).

Payments under this contract will be made by the Government.either by check or: electronic funds transfer (through the Treasury Fedline Payment System (FEDLINE) or the Automated Clearing House (ACH), at the-option,of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted, tthe Contractor shall de'signate a financial-institution for receipt

'of electronic funds transfer payment, and shall submit this t

designation to the Contracting Officer or other Government Official, as directed.

'(a) For payment through FEDLINE, the Contractor sh'all provide the

-following information:

(1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.

(2) The American Bankers Association 9-digit identifying. number for wire transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications

System, i

'(3)' Payee's account number at the-' financial institution where funds'are to be transferred.

(4) If the financial institution does not have access to the Federal = Reserve Communications System, name, address,-and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains s

g~

-wire transfer activity.

Provide the telegraphic abbreviation and

?

the American Bankers Association identifying number for the h

correspondent. institution.

.(b) For payment through ACH, the Contractor shall provide the 3

following information:

1 (1) Routing transit number of the financial institution receiving payment.(same as American Bankers Association -identifying i

number used for FEDLINE).

(2) Number of account to which funds are to be deposited.

p (3) Type of depositor account ("C" for checking, "S" for savings).

L (4) If the Contractor is a new enrollee to the ACH system, a

" Payment Information Form," SF 3881, must be completed before payment can be processed.

(c).In the event the Contractor, during the performance of this

~

y

-1

.L.

fe Page 251 pf*

,y '~

NRC-04-90-054-03 Seetion I 1

m "e

contract, elects to designate a-different financial institution for C

the. receipt-of.any, payment made using electronic funds transfer procedures,: notification of such change and the required information.'

r specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective.-

-I

.(d) The documents furnishing the information required in this clausemustbedatedandcontainthesignatdth, title,andtelephone number of the, Contractor official authorized to provide it, as well as the Contractor's name and contract number.

(e) Contractor failure to properly designate a financial institution' or to-provide appropriate payee bank account information may delay payment of amounts.otherwise properly due..

(End of Clause)-

I.4-CLAUSES INCORPORATED BY REFERENCE

,(FAR 52.252-2) (JUN 1988)

This contract incorporates one or more clauses by reference, with j

the same force and effect as if they were given in full text. Upon j

request, the. Contracting Officer will make their full text available.

={

'i (End of Clause)-

i y

a

^

t.u

\\

+

1 l;

l o

~

y

, ;m

[ '" n n I*,.

Page:26~

hjt NRC-04-90-054-03 Section J c,. j # -

x sr.

bx

~t PART III - LIST OF DOCUMENTS EXHIBITS AND OTHER ATTACHMENTS 6

SECTION J

. LIST OF ATTACHMENTS 4

?

' J '.11 ~ ATTACHMENTS (MAR 1987)

Attachment Number-Title 1

_ Billing Instructions 2:

NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 3 NRC Manual Chapter'3202 4

NRC Manual Chapter 3206 J

-l r

t I

e 0

i l, 6 g