ML20043B246

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

ML20043B246
Person / Time
Issue date:	04/09/1990
From:	Mace M, Willis S NRC OFFICE OF ADMINISTRATION (ADM), NUS CORP.
To:
Shared Package
ML20043B245	List: ML20043B244 ML20043B246
References
CON-FIN-L-15150, CON-NRC-04-90-054, CON-NRC-04-90-054-0, CON-NRC-4-90-54 NUDOCS 9005250136
Download: ML20043B246 (26)

Text

AWARD / CONTRACT Page 1 1, THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) RATING

2. CONTRACT NO.

l3. EFFECTIVE DATE l4. REQUISITION / PURCHASE (Proc. Inst. Ident.) No.l l

REQUEST / PROJECT NO.

NRC-04-90-054-05 l

APR 0 s 1990 l

RES-90-054 x

5. ISSUED BY Code l6 ADMINIST RED BY Code:

l (If other than Item 5)

U.S. Nuclear Regulatory Commission l Contract Administration Branch Div. of Contracts & Property Mgmt.

l Div. of Contracts & Property Mgmt.

i, Contract Negotiation Br. 2; P-1042 l Mail Stop P-902 Washington, DC 20555 l Washington, DC 20555 CONTACT - Donna Umbel l

i PHONE - (301) 492-4281 l

s

7. NAME AND ADDRESS OF CONTRACTOR l 8. DELIVERY NUS Corporation

()

FOB ORIGIN L

910 Clopper Road l

(x)

OTHER (See below)(Block 11)

Gaithersburg, MD 20877 l

l 9. DISCOUNT.FOR PROMPT PAYMENT l

N/A Duns Code:

l Facility Cece:

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 BE MADE BY VS Nuclear Regulatory Commission l

V.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 Washington, DC 20555

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:

L15150 APPN No, 31X0200.600 AMT. OBLIGATED:

545,147.00 15A. ITEM 153. SUPPLIES /

15C. QUANTITY ISD. UNIT 15E. UNIT 15F. AMOUNT NO.-

SERVICES-PRICE

_ Provide services to perform research in accordance with NUS Core ration's Technical Proposal dated October 31, 1989, as amenced March 14, 1990, both which are incorporated herein by reference, and the schedule as revised and mutually agreed-upon on March 29, 1990 which is made a part of this contract.

15G. TOTAL AMOUNT OF CONTRACT S45,147.00 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)

Prescribed by GSA 9005299136 900409 FAR(48 CFR) 53.214(a)

PDR DONTR NRC-90-054-05 PDC

,x=

t i

AWARD / CONTRACT t

Page 2 t

F 16.

TABLE OF CONTENTS l

X SEC DESCRIPTION PAGE(5)

T PART I - THE SCHEDULE-A SOLICITATION / CONTRACT FORM B

SUPP!!ES OR SERVICES AND PRICES / COSTS l

C DESCRJPTION/SPECIFILATIONS/ WORK STATEMENT 0

PACKAGING AND MARKING E

INSPECTION AND ACCEPTANCE F

DELIVERIES OR PERFORMANCE G

CONTRACT ADMINISTRATION DATA L

H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I

CONTRACT CLAUSES L

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J

LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFER0RS L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFER 0RS M

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

(X) CCNTRACTOR'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.)

[,

18.

( ) AWARD (Contractor is not required to sign this document.) Your of fer on Solicitation Number

, including the additions or changes made by 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

! 20A NAME OF CONTRACTING 0FFICER I

(Type or print) l Scott R. Willis, Sr. Vice President l Mary H. Mace 198. NAME OF CONTRACTOR

! 208 UNITED STATES OF AMERICA

/ k!!I YI OI I

by i

by (Signature of person authorized to sign)

(Signature of Contracting Officer) 19C. DATE SIGNED

' 20C. DATE SIGNED April 6, 1990 jpg EXCEPTION TO STANDARD FORM 26 (REV.4-85)

/

/

a g-J

TABLE OF CONTENTS PAGE n

E AWARD / CONTRACT._..........................

1 l

l l

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

3 PART I - THE SCHEDULE........................

5 SECTION B'- SUPPLIES OR SERVICES AND PRICE / COSTS..........

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

5 L

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 E

L

/ WORK STATEMENT

!?

C.1 STATEMENT OF WORK.....................

6 SECTION D - PACKAGING AND MARKING..................

7 r

D.1 PACKAGING AND MARKING (MAR 1987)..............

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

8 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE,

6 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 10 F. 4 - DURATION OF CONTRACT PERIOD (MAR 1987).

F.5 DELIVERABLES / MEETINGS...................

10 SECTION G - CONTRACT ADMINISTRATION DATA.......,,

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

12 ALTERNATE II (MAR 1987) 12 3.2 PA4 MENT......................

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

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

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

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

14 H5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED..

16 (JUNE 1988)

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

16 PART-II - CONTRACT CLAUSES................

18

-SECTION I - CONTRACT CLAUSES...................

18 1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.

18 1.2 PROMPT PAYMENT (FAR 52.232-25) (APR 1989).........

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

24 (APR 1989)-

!.4 CLAUSES INCORPORATED BY REFERENCE,............

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

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

26 2

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NRC-04-90-054-05:

Section'B

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PART I - THE SCHEDULE

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SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS L

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B.I' PROJECT TITLE f:

F The title' of this project is as follows:

Research and Development on Issues.Related h'

to Improving Effectiveness of Maintenance l

Programs-at Nuclear Power Plants, y

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L (End of' Clause) h B.2' BRIEF' DESCRIPTION OF WORK (MAR 1987)

L 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.

U (End of Clause) r,.-

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- B.3 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE

.(JUNE 1988)

The firm fixed price of this contract is $45,147.00.

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, 'NRC'-04-90-054-05 Section C

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.e SECTION C - DESCRIPTION / SPECIFICATION

/ WORK STATEMENT i

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.i C.1 STATEMENT OF WORK l

.The' Contractor shall. perform research in accordance '

3 of with the technical proposal entitled "Research and' j

Development on Issues Related;to-Imbreving Effectiveness-of Maintenance Programs at Nuclear Power Plants," dated October 31, 1989, as amended March 14., 1990, which are hereby incorporated by reference and made 4 part of I

this contract.

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.(End of Clause)

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SECTION D LPACKAGING AND MARKING b

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D.1 LPACKAGING AND MARKING (MAR 1987) i k

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

Containers and closures shall comply with r '

the' Interstate' Commerce Commission Regulations, Uniform Freight U

. Classification Rules, or regulations of-other carriers-as applicable.

to the mode of transportation.

On the front of the package,.the p

Contractor shall ' clearly identify-the contract number under which the product is being provided.

(End of Clause) f' 9 '

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'SECTION E -, INSPECTION AND ACCEPTANCE i,

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E.1 NOTICE LISTING CONTRACT CLAUSEL INCORPORATED BY REFERENCE (k-4 '

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

b i

h FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

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.c NUMBER DATE

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'52,246-4 APR 1984 INSPECTION OF SERVICES -- FIXED-PRICE

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._'i-1 SECTION F - DELIVERIES OR PERFORMANCE I

I 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 j

reference:

e FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

.y NUMBER DATE TITLE t

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

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

The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

a.

Project Officer (3 copies)

't US Nuclear Regulatory Commission Office of Nuclear Regulatory Research Division of Regulatory Applications, NLS-169 Washington, DC 20555

'b.

Contracting Officer (1 copy)

-U.S. Nuclear Regulatory Commission Contract Number: NRC-04-90-054-05 Division of Contracts and Property Management Contract Administration Branch Washington, D.C.

20555 (End of Clause) 9

f Page 10 NRC-04-90-054-05 Section F F.4 DURATION OF CONTRACT PERIOD (MAR 1987)

~ This contract shall commente on the effective date of the contract and will expire fifteen months after the effective date.

(End of Clause)

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

Present Prcgress Report (1/2 Day)

May 1990 b.

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

Presentation of Technical letter Report (1/2 day)

Jun 1990 d.

Comment at Presentation of Progress Reports Jun 1990 (1/2 day) e.

Comment at Presentation of Interim Technical Jul 1990 Reports (1 day)

'f.

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

Participate in Public Workshop (2 days)

• • Sep 5/6, 1990 h.

Presentation of Technical Letter Report with Sep 1990 Comments on Three Interim Technical Reports (1/2 day) ic Comment at Presentation of Draft Final Reports Oct 1990 (1 day) j.

Participate in ACRS Subcommittee Meeting (1 day)

Nov 1990

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Participate in ACRS Full Committee Meeting Dec 1990 (1/2 day).

1.

Attend Commission Briefing (1/2 day)

May/Jun 1991 F.5.2 FORMAT AND CONTENT OF REPORTS I

In order to facilitate the 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 l

gy,, x-V,;

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-areas: covered by the contract 1

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• Recommendations for requirements to be. included in'the_

LMaintenance Standard.

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' *-Alliconclusions or recommendations ~should.be supported with a H

- rationale or basis statement including appropriate citations'to.

relevant studies cr technical references in support of the

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SECTION G ' CONTRACT ADMINISTRATION DATA I

G.1; PRCLIECT OFFICER AUTHORITY (MAR 1987) b ALTERNATE II (MAR'1987) h a.

The Contracting Officer's_ authorized representative

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

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 invoi.ces/ vouchers requesting payment for products / services provided under the contract and making

- recommendations for approval, disapproval, or suspension.

c.

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

o (End of Clause)

G.2 PAYMENT

.u a,

Partial-payments (2'each) in the amount of $19,050.00 will be paid to the contractor upon submission and acceptance of the two deliverables outlined in F.5.1.b. and f. herein.

b.

Final payment in the amount of $7,047.00 will be paid to the contractor upon completion of the contract as outlined in F.5 herein.

(End of Clause) t i

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SECTION H - SPECIAL CONTRACT REQUIREMENTS f

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H1 KEY PERSONNEL (MAR 1987)

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a.

The following individuals are considered to be essential

'i to the successful performance of the work hereunder, Jack R. Nicholas, Jr., Principal Investigator David A. Army-The Contractor agrees that such personnel shall not be

' removed from the contract work or replaced without compliance with paragraphs b and c hereof.

E 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 3

expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor I

shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer, promptly replace such 4

personnel with personnel of at least substantially equal ability and qualifications, c.

All requests for approval of substitutions hereunder must I

be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions.

They contain a complete resume,for the proposed substitute, and other i

information requested by the Contracting Officer to approve or disapprove the proposed substitution.

The Contracting Officer will i

evaluate such requests and promptly notify the Contractor of his/her approval' or disapproval thereof in writing, i

d.

If the Contracting Officer determines that:

J

1) Suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become 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 completien of the contract r

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

+

Contracting Officer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.

(End of Clause) 1

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Page 14 L

NRC-04-90-054-05 Section H

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i 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 life and property and shall comply with all applicable health, safety, and fire protection regulations and i

requirements (including reporting requirements) of the Commission and the Department of Labor.

In the event that the Contractor fails E.

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; thereaf ter, 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) lT INFORMATION AND DATA (JUNE 1988)

H.3 PRIVATE USE OF F

'f Except as specific m y authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnu bed to the Contractor in the performance of this contract shall be used only in connection with the work under this contract.

(End of Clause)

H4 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 performance 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.

l (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 organi:ation may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of

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Page 15 NRC-04-90-054-05 Section H

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such contractual arrangement.

i (d) Disclosure after award.

(1) The contractor warrants that to the best of its 7

F knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts j'

of interest as defined in 41 CFR S20-1.5402(a).

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

discovers organizational conflicts of interest with respect to I

this contract, it shall make an immediate and full disclosure in writing to the contracting officer.

This statement must

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include a description of the action which the contractor has

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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.

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.(1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, f

policies, reports, studies, financial plans, internal data i

protected by the Privacy Act of 1974 (Pub. L.93-579), or data 1

hich has not been released to the public, the contractor i

agrees not to:

(1) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either i

the completion of this contract or the release of the 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 that contracting officer unless the information has previously been released to the public by the NRC.

r (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 l

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

Page 16 NRC-04-90-054-05 Section H i

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[

purposes provided that all requireinents of this contract have been met.

i (f) Subcontracts.

Except as provided in 41 CFR L

$20-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier.

The terms

" contract," " contractor," and "contrauing officer." must be L

appropriately modified to preserve the Government's rights.

(g) Remedies.

For breach of any of the above restrictions, t

or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this e

contract or for such erroneous representations that necessarily I

imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this p

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.

r (End of Clause)

H.S GOVERNMENT FURNISHED EQUIPMENUPROPERTY - NONE PROVIDED (JUNE 1988)

The Government will not provide any equ(pment/ property under this contract.'

(End of Clause)

H.6 OISSEMINATION OF CONTRACT INFORMATION (FEB 1990)

In addition to the reports required under Section F entitled

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

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

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

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

f

-Page 17 P

NAC-04-90-054-05'

- Section H l

L';

i' publications with, and transmit a copy of the proposed article t9. the NR" Project Officer for review and approval prior to publication.

The intent of i

U this provision 1s-to facilitate the broad dissemination of,significant information.

It is not intended to control the publication of research

-supported by the NRC.L l

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PART II - CONTRACT CLAUSES CONTRACT CLAVSES SECTION I f

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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 GRATVITIES 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 PROCEDVRES I

52.209-6 MAY 1989 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-1 APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 DEC 1989 AUDIT -- NEGOTIATION 52.215-33 JAN 1986 ORDER OF PRECEDENCE

$2.217-8 AUG 1989 OPTION TO EXTEND SERVICES 52.219-8 FEB 1990 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52,219-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR 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 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.222-37 JAN-1988 EMPLOYMENT REPORTS ON SPECIAL j

DISABLED VETERANS AND VETERANS i

0F THE VIETNAM ERA 52.225-13 MAY 1989 RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS

l' l:

CC-04-90-054-05 Section !

I.

52.227-1 APR 1984 AUTHORIZATION AND CONSENT.

52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

$2.229-3 APR 1984 FEDERAL, STATE, AND LOCAL TAXES c

52.229-5 APR 1984 TAXES -- CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO j

52.232-1 APR 1984 PAYMENTS 52.232-8 APR 1989 DISCOUNTS FOR PROMPT PAYMENT 52.232-9 APR 1984 LIMITATION ON WITHHOLDING

~

OF PAYMENTS 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 ALTERNATE I ( APR 1984) 4 52.233-3 AUG 1989 PROTEST AFTER AWARD

}

52.243-1 AUG 1987 CHANGES -- FIXED PRICE ALTERNATE I (APR 1984) 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)

Notwithstanding any other payment clause in this contract, the 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 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) 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) The 30th day af ter the designated billing of fice has

t.

Page 20 NRC-04-90-054-05 Section I received a proper invoice from the Contractor.

l (ii) The 30th day after Government acceptance of supplies F

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 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, Drovided 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.

E contracts for perishable agricultural commodities, contracts for dairy products, edible f ats or oils, and food products prepared from edible fats or oils, and contracts not requiring submission of an invoice shall be as follows:

(i) The due date for meat and meat food products, as defined 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 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 another date is specified in the contract.

(iii) The due date for dairy products, as defined in Section 111(e) of the Dairy Production Stabili:ation 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.

(4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services 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)(viii) of the clause.

If the invoice does not comply with these requirements, then the contractor will be notified of the defect within 7 days after receipt of the invoice at the designated billing of fice (3 days for meat and meat food products and 5 days for perishable. agricultural commodities, edible fats or oils, and food products prepared froin edible fats or oils).

Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor in the manner described in subparagraph (a)(6) of this clause.

[

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Page 21 l-NRC-04-90-054-05 Section I t

(i) Name and address of the Contractor.

(ii) Invoice date.

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and 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)(iii) 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.

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

(11) 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.

(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 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 t: as the

" Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The

page 22 NRC-04-90-054-05 Secticn I 1

interest penalty shall accrue daily on the invoice payment amount i

L approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment t

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 9y the designated payment office for errors in calculating interest penalties, if requested by the Contractor.

(i) 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 conditions 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 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 f at 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 the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year.

Interest penalties of less than 51.00 need not be paid.

(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 temocrarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1 Disputes.

(7) An interest penalty shall also be paid automatically by the

Page 23 NRC-04-90-054-05 Section I

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

(1) Is owed an interest penalty; (ii) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (iii) Makes a written demand, not later than 40 days af ter the date the invoice amount is paid, that the agency pay such a penalty.

(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 for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the 30th day after receipt of a proper contract financing request by the designated billing office.

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

not involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.

(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

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.P_ age 24 NRC-04-90-054-05 Section I-i

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t Procedure, payments'will be made within 15 days after the date of.

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receipt of the invoice.

(EndofClause)

I,3

' ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (FAR 52.232-28)

(APR 1989) i Payments under # ' contract will be made by the Government either by check or electrcaic funds transfer (through the Treasury Fedline Payment System (FEDLINE) or the Automated Clearing House (ACH), at r

the option of the Government. After award, but no later than 14 days before an invoice or_ contract financing request is submitted, the Contracto'r shall designate a financial institution for receipt-of electronic funds transfer payment, and shall submit this designation to the Contracting Officer or other Government Official, as directed.

(a) For payment through FEDLINE, the Contractor shall provide the following_information:

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

-(2)iThe' American Bankers Association 9-digit identifying number for wire transfers of the financing institution receiving pa3 ment if the institution has access to the ' Federal Reserve Communications System.

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

I (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 I

wire-transfer activity.

Provide the telegraphic abbreviation and the American Bankers Association identifying number for the correspondent institution.

(b) For payment through ACH, the Contractor shall provide the following information:

(1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE).

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

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

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

" Payment Information Form," SF 3881, must be completed before

Page 25

(

-NRC-04-90-054-05 Ssetion 1 3

payment can be processed.

(c) In the event the Contractor, during the performance of this contract, elects to designate a different' financial institution for the receipt'of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective.

(d) The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone 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 the same force and effect as if they were given in full text. Upon request,_the Contracting Officer will make their full text available.

(End of Clause)

mes Page 26 NRC-04-90-054 ' Section J b

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PART< III - LISTS 0F DOCUMENTS, EXHIBITS AND OTHER-ATTACHMENTS SECTION J - LIST OF ATTACHMENTS 1

? %.am----

m 6;

e J1 ATTACHMENTS (MAR 1987).

s i:

. Attachment Number Title s

t, 1

Billing Instructions

-2 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20)

.3-NRC Manual Chapter 3202

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4 NRC Manual' Chapter 3206 i

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