ML20050G280
| ML20050G280 | |
| Person / Time | |
|---|---|
| Issue date: | 03/29/1982 |
| From: | Mattia M, Webb W NRC OFFICE OF ADMINISTRATION (ADM), ROLF JENSEN & ASSOCIATES, INC. |
| To: | |
| Shared Package | |
| ML20050G245 | List: |
| References | |
| CON-NRC-10-82-093, CON-NRC-10-82-093-0, CON-NRC-10-82-093-01, CON-NRC-10-82-93, CON-NRC-10-82-93-1 NUDOCS 8204140057 | |
| Download: ML20050G280 (38) | |
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- 12. PAYMENT WILL BE MADE gy CODE l II 5 HIP IO/ MARK FOR U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission ATTN: Mr. Robert Ferguson, NTR Office of the Controller Washington, DC 20555 Washington, DC 20555 C 10 U.S.C. 23od (.X l
- 12. twis nOCuntMINT WAS O *ovt rista. 0 ~tcoriatta. u su*~' ro.
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Id. ACCOUNllNG AND APPROFt1AftON DATA THERE IS N0 MONEY OBLIGATED BY THIS ACTION is.
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- 24. Hah! AND IffU Of SIGNtt (Type.r pri.f)
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- 28. NAME OF CONitACT'ING OthCtt (Type er pri t)
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William A. Webb, Mary Jo Mattia 4 $2
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Page 2 CONTENTS OF BASIC ORDERING AGREEMENT This Basic Ordering Agreement Consists of:
1.
Execution Page (Standard Form 26) 2.
Contents of Basic Ordering Agreement 3.
Schedule Article I Description of Work Article II _._ Services to be Ordered.
Article III Period of Performance Article IV Placing and Processing of Orders Article V
Pricing and Negotiation of Orders Article VI Time of Delivery Article VII Reports Article VIII Pricing of Adjustments Article IX Type of Contract Article X
Modification of Basic Ordering Agreement Article XI Comditions for Maintaining Agreement Article XII Authorized Representative Article XIII Responsibilities of the Project Officer Article XIV Technical Direction Article XV Order of Precedence
' Article XVI Billing Instructions for NRC Cost-Type Contracts Article XVII Billing Instructions for NRC Fixed Price Contracts and Purchase Orders Article XVIII Private Use and Protection of Unclassified Government Information Article XIX Protection of Proprietary and Company Confidential Information Article XX Inspection of Services Art.icle XXI General Provisions / Alterations 4.
Attachments l
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3 Page 3 of 40 General Provisions - Fixed Price Research and Development Contracts General Provisions - Cost Type Research and Development Contracts with Commercial Organizations dated 12/1/81 I
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Page 4 of 40 CONTRACT SCHEDULE c
Ah1CLE I
" Description of Work Thii Basic Ordering Agreement (BOA) as defined in Federal Procurement _
Regulation 1-3.410-3, provides the terins and conditions under which the contractor is required to provide the services identified under Article II.
This agreement is primarily used as a means of expediting procurements and is neither intended to restrict competition nor imply that the-i Government will place future-orders for these services.
During the performance period of this a with an option for one additional year)greement (approximately one year.
, task orders representing various projects within the scope of the work statement will be issued periodically.
The type of contract employed for each Task Order will be. subject to negotiation.
Competition among the qualified BOA holders will be solicited for individual task orders.
Additionally, an individual task order for a specific project
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issued under the BOA may require performance of all, some, or only one of the tasks identified in Article II, Section B.
ARTICLE.II - Services to be Ordered The contractor shall provide to the Government technical assistance services as the Government may order hereunder in the manner thereinafter provided.
Such services shall be as generally described in the following Statement of Work:
A.
BACKGROUND AND OBJECTIVE The U.S. Nuclear Regulatory Commission (NRC) has developed specific guidelines :
on acceptable nuclear power plant fire protection criteria to reduce the prob-ability or consequences of fires at nuclear power plant facilities to accept-able levels.
These guidelines are contained in the Standard Review Plan
- Section 9.5.1, " Fire Protection System" and Appendix A, thereto and 10 CFR Part 50, Appendix R.
Section 9.5.1 and Appendix R provide acceptable criteria for fire protection programs at nuclear power plants relating to fire protectiG systems and equipment, specific plant structures, systems and components important to safety, fire hazards analyses, management and administrative controls, and fire brigade training measures.
The Division of Engineer.ing.
Chemical Engineering Branch, which has primary responsibility for fire pro-tection, requires technical assistance to review and evaluate the revised fire protection programs at these facilities and for those received as part of new licensing applications, in accordance with A as part of amendments to existing programs. ppendix R backfit requirements an i
Standard Review Plan (SRP) describe the safety criteria and the methods through which applications for the licensing of nuclear power plants are
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reviewed, analyzed and evaluated by the staff of the Nuclear Regulatory Comission.
Page 5 The objective of this program is to obtain' technical expertise to assist the Chemical Engineering Branch, DE in its' conduct of reviews of applications for the licensing of nuclear power plants in the area of fire protection engineeriq and hazards analyses as submitted by utilities as part of the Safety Analysis Report (SAR's); processing licensing actions on operating. reactors and to perform generic studies aimed at developming improved criteria in the area of.
fire protection programs at nuclear power plant facilities.
B.
GENERAL TASK RE0UIREMENTS Task Area 1 Fire Protection Program Review and Evaluation: Casework Plants Backoround and Objective Utilities who are in the process of obtaining a license to construct and operate a nuclear power plant are required to submit fire protection programs pursuant to 10 CFR 50 Appendix R and guidelines contained in the Standard Review Plan, Section 9.5.1.
The objective of this project is to obtain techni assistance in the review and evaluation of fire protection programs for nuclea.
power plants undergoing licensing review.
Work Reouirements
(
The Work Requirements section of each ask order will gener. ally cattain the following subtasks for each nuclear power plant to be ass.gned, c
Subtask 1 -
Review and evaluate the utility submitted fire programs and provide written evaluations to assist the NRC staff in its evaluation of these programs.
Emphasis shall be given to revies of the utility's fire hazard analysis of safety related areas.
Subtask 2 -
For plants under operating license review, perform an onsite survey of each plant's installed fire protection systems and equipment relative to specific plant structures, systems and components important to safety and provide reccmmendations to th!
staff as to acceptability.
Subtask 3 -
Perform independent fire hazards analyses of specific plant area) as designated by the staff.
Each plant analysis will require approximately 3 man-days of effort.
Subtask 4 - Assist the staff in responding to questions and requests for information from the Advisory Comnittee on Reactor Safeguards (ACRS) in the area of fire protection and hazards analysis.
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Subtask 5 -
Provide ' expert testimony in the area of fire protection at public hearings, as required.
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Page 6 Task Area II_- Fire Protection Program Review and Evaluation:
Coerating Reactors Background and Objective Utilities with operating nuclear power plants are required to backfit certain items to confonn to the requirements of Appendix R or revise previously approved fire protection programs.
The objective of this project is to obtain technical assistance in the review and evaluation of fire protection programs at operating pl ants.
Work Recuirements The Work Requirements section of each task order will generally contain the following subtasks for each operating reactor to be assigned.
Subtask 1 - Review licensee submittals containing changes to the agreed upon fire protection program and provide conclusions and recommendations as to acceptability.
Subtask 2 - Review licensee requests for exemption to the requirements of 10 CFR Part 50, Appendix R and provide conclusions and recommendations,'
as to granting of the requested exemption.
Task Area III -
Safety Technology Evaluation of Fire Protection Programs Background and Objectives During the period, of perfonnance of this contract, the Contracting Officer may issue task orders requiring the contractor to perform fire hazards analyses of a gent:ric nature to evaluate special nuclear power plant conditions which would require a change in the fire protection programs currently being approved by the NRC.
These generic studies will involve the collection and detailed review of data from operating nuclear facilities and other similar facilities which employ similar fire protecticn programs.
In addition, as changes are made in the NRC's fire protection requirements, it becomes necessary to develop new or to revise NRC current acceptance criteria which will be used to review and evaluate licensee proposed fire protection programs.
The contractor may be required to develop these fire protection criteria.
The results of generic studies will be utilized to improve the licensing review process to reflect current requirements. and technological changes. _
Work Recuirements The contractor will be given assignments und'er the Task Area as needs arise.
The contractor will conduct generic studies as assigned and will provide l
written sur:znary reports and/or criteria to support the NRC licensing process.
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' rage 7 C. 11EETINGS AND TRAVEL These will be specified under each Task-Order, but will generally be-as follows:
1.
One meeting in Bethesda, Maryland for each of the plants reviewed to assist the staff in resolving or clarifying problem areas with the utility.
These meetings are usually 1 to 2 days in duration.
e 2.
Plant site visits requiring a minimum of 3 days.
3.
ACRS meetings or public hearings in the Washington, D.C. area, usually one day in duration, to provide expert testimony.
s D.
REPORTING REOUIREMENTS -
1.
Technical Reportino Recuirements Although the technical reporting requirements will be specified under each order, they generally will consist of a letter report which will include, as appropriate a technical evaluation report, requests for additional or clarifying information, or supplemental technical evaluation input.
For each subtask under Task Area I, evaluations shall be submitted within ten (10) working days after completion of each review'.
For each subtask under Task Area II, submit the evaluation and conclusions within 30 working days af ter receipt of the infonnation.
Technical reporting requirements for Task Area III will depend on the nature of the task and will be specified at that time.
2.
Busihess Reportino Reauirements For each Task Order awarded, a monthly business letter report is to be submitted by the i5th of the month to the project officer with a copy to the contracting Officer.
These report will contain the following as subheadings:
(a)
A listing of any efforts completed during the period; milestones reached, or if missed, an explanation provided; (b)
Funds authorized to date and funds expended during the period and cumulative to date for manpower and computer services for each task.
(c)
Any problems or delays encountered or anticipated; (d)
A summary of the progress to date; (e)
Plans for the next reporting period; i
Page 8 3.
Task Reports and Final Reports For task and final reports prepared under the provisions of-- - --
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Task Orders the format shall be in accordance with the provision as stated in NRC Manual Appendix 3202 for either
" Formal Contractor Documents" or " Interim Contractor Documents" as appropriate.
F.
NRC FURNISHED MATERIALS Licensee submittals will be provided to the contractor under separate cover for each Work Order.
If the NRC-furnished p.roperty, suitable for its intended use, is not so delivered to the contractor, the Contracting Officer shall, upon timely written request made by the contractor, and if the facts warrant such action, equitably adjust any affected provision of this contract pursuant to the procedures of the " Changes" clause hereof.
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Article III - PERIOD OF PERFORfMNCE i
A.
The period of performance through which tasks shall be awarded is from the date of award through one year thereafter with an option to renew the B0A for one additional year.
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ARTICLE IV - Placino and Processino of Orders (a) Orderin ' Period:_ The government, from time to time, during the period co.nenc,ing on the date of this agreemcht and ending one (1) year thereafter (hereinafter called the " ordering period") may place orders for services hereunder.
Each order placed under this agreement shall be issued and, processed in the manner hereinafter provided.
By mutual agreement of the parties", the ordering period of the BOA may be extended one.(1) additional year.
(b) Authorized Orderino Activities:
Contracting officers of the NRC may place orders under this 80A.
The contracting officer has full responsibility for administering all contractual actions arising from any task orders issued and has the sole responsibility and authority to make any changes to the provisions of this 80A.
(c) Types of Orders:
Orde7s p1Ned hereunder will be of Two types.
Unpriced Orders and Priced Orders as defined in subparagraphs (1) and (2) below:..
(1)
Unpriced Orders:
Unpriced Orders are hereby defined as orders hereunder for which price and delivery will be proposed by the Contractor as provided in paragraph (f) of this section.
(2)
Priced ',0'rder s :' Priced orders are hereby defined as orders-r for which the parties have agreed upon price, and all other terms and conditions of the order prior to issuance.
A Priced Order will be identified as follows:
"This is a Priced Order issued pursuant to Article III.
(c), (2) of the Basic Ordering Agreement Number and offer dated (Contractor Name)'
(Date)
(d)
Content of Order:
Each order placed under this contract shall. include the fol l owi ng:- - -........, -
4 (1)
The con ~triact number, 'the task number, and the appropriate -
reference to this Basic Ordering Agieement.
(2)
Citation ~ of the negotiation authority pursuant to which the order is negotiated.
(3)
Applicabl'e a'ppro'priation and a~cco* nting' data and 'special y" ---~ "
u invoicing instructions ~ where a' plicable; ami kala.
p (4)
For Unp'ri'ced Orders:. A desired period of-performance and/or delivery date and a monetary' limitation for all the work covered -
by the order.
(This monetary limitation shall be deleted upon the l
establishment of contract prices.)
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(5)
For' Priced Oroers:
Agreed to, total orderiprice and period of performance and/or delivery dates.
(G)
Such other terms ~ aryd conditions as may be pertinent to the particular tasks thereby ordered.
'(e)
Authority to Proceed:
(1) Unpriced Orders:_ Upon receipt of any unpriced order hereunder, the Contractor shall proceed with the work subject to the limitations; i
of paragraph (j) of this section.
However, the Contractor shall not proceed in the following circumstances:
d (a)
Incomplete or inadequately Described Tasks or Projects:$ The Contractor shall immediately communicate with the Contracting Officer and request an appropriate adjustment in the order for tasks or projects which are incomplete or inadequately identified, except as applied to typographical errors and other obvious errors.
(b)
Orders Which Contain a Monetary 1. imitation Uhich is Unreasonably Deficient When Related to the Dollar Value of_
the Services to be Furnished Thereunder:
When the monetary.
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amount provided with the order is so deficient as to make it impracticable to perform the work thereunder, the Contractor shall notify the Contracting Officer in advance of submission of the the proposed price for the effort, the dollar amount of understatement in the monetary limitation contained in the order.
The Contracting Officer will notify the Contractor in writing of the desired action to be taken.
(2)
Priced Orders:
Upon receipt of any Priced Order hereunder, the Contractor shall, proceed with the tasks specified therein.
- However, i
the Contractor shall not proceed with any-task that does not set forth price ~and delivery provisions agreed to by the ' e.
J parties.
In the event of ~ receipt of Priced Orders which do --
not reflect the agreed upon provisions, the Contractor shall-' -
immediately communicate such information to the Contracting :
Officer.
The. Contracting Officer will. promptly notify the - - -
Contractor.of action to be taken with respect to such order.
(f)
_ Processing of Unpriced Orders 'by the Contractor.:_.......m..
(1)
Within thirty (30) days after receipt ~of each Unpriced Order + a '
hereunder, or within such period as the Contracting Officer may," -- -
specify, the Contractor shall submit a proposal conta'iding the proposed price for the effort, period of performance or delivery 4
dates, and such other information'as~ is pertinent-to-the task. - --
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.x Page 12 (2) Uhen the total of the costs or prices proposed for the unprice'd order exceeds $100,000.00, the Contractor shall, unless othenvise specified by the Government, furnish the Contracting Officer with a cost breakdown of the total order price on the current edition of Optio~nal Form 60 (Contract Pricing Proposal).
Additional cost breakdowns and/or substantiating data shall be made available.-
to the Contracting Officer upon request.
Orders. priced by the Contractor below S100,000.00. shall be returned to the Contracting Officer with such substantiating data as are reasonable requested to faciljtate a pricing review and subsequent negotiation.
Such.
data may be requested by the Contracting Officer at the time of placement' of the unpriced order or subsequent to receipt of the Contractor's' proposal. -
' (g)
Processino of' Priced Orders by the Contractor:
(1) Within fifteen (15) days after receipt of each Friced Order hereunder.-
or within such additional period as the Contracting Officer may allow,
'the Contractor shall sign and return three (3) copies of the task order to the Contiacting Officer, acknowledging receipt.of the task order and actnowledging thatsthe task order contains price and delivery provisions agreed to by the Contractor.
(h)
Processing of Unpriced Orders by the Contracting Officer:
Within thirty (3.0) days or such additional period as may be mutually agreed upon after receipt by the Contracting Officer of the Contractor's proposal, the Contracting Officer shall either:
(1)
Issue a Supplemental Agreement, for execution by both parties specifying the proposed prices thereby signifying approval of the proposed prices; :ce m. - -
(2)
Terminate the task order in its entirety in accordance with the clause hereof entitled, " Termination for convenience of the Government."
(3)
Notify the Contractor. of the need for further negotiations.
When an agreement on prT6e is Feached, the Contiacting Officer 'shall issue a Supplemental Agreement definitizing the Unpriced Order into a Priced Order ~. ' Th'e 'ag'reement shall-be execbted by both of the parties.
(i)
Disagreement as to Prices:
In the event of a failure to agree on price, such failure shall be deemed to be a dispute concerning a question of fact in accordance with the clause hereof entitled,." Disputes.t e
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. :l (j)
Limitation of Liability of the Government:
Prier to definitization of an Unpriced Order, the Contractor shall be permitted to stop work on such order at any time it is reasonably estimated that the cost incurred with respect to such order, plus termination expenses and profit, will exceed the dollar limitation set forth in the orders In the event the Contractor so stops work on any order he shall; promptly notify the Contracting Officer of such fact and advise the Contracting Officer of the' amount.of increase in monetary limitation a
which is reasonably required in order to permit the Contractor to proceed further with the order.
The Government shall not be obligated under any of the provisions of this agreement, including, without limitation, the provisions of the clause of this acreement entitled, " Termination for Convenience of the Government," to pay to the Contractor with respect to tasks under an order, any amount in excess of the monetary limitation stated in the order.
Article V - PRICING AND NEGOTIATION OF ORDERS It is agreed that each proposal submitted and all prices negotiated on orders issued under this Basic Ordering Agreement shall be submitted and shall be negotiated in accordance with the provisions of Part 1-XV of the Federal Procurement Regulations as in effect on the date of each such order.
Article VI - TIME OF DELIVERY
- The Contractor shall deliver the completed tasks called for in each order in accordance with the delivery schedule set forth in such order.
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Article VII ' REPORTS _
All reports required to be submitted to the Nuclear Regulatory Commission under any task order issued pursuant to the terms of this Basic Ordering
. Agreement shall be as specified in each. individual order.
i Article VIII-PRICING OF ADJUSTMENTS -
When costs are a factor in any determination of a contract price adjustment pursuant to the " changes" clause or any other provisions of this agreement, such costs shal1 be in accordance with Part I-XV of the Federal Procurement _
Reculations as in effect on the date of the order.
Article IX
- TYPE OF CONTRACT
. Each individual task order issued hereunder shall specify a particular contract type such as fixed price, labor-hour, cost-plus-fixed-fee, etc.,
and,shall reference the General Provisions applicable to the task for each contract type.
Article X - MODIFICATI N OF BASIC ORDERIflG AGREEMENT The agreement may be modified at any time by mutual agreement of the parties.
Article XI-C0tl01TIONS FOR MAINTAINItlG AGREEMENT This agreement shall be reviewed from time to time to assure conformanca j
with all requirements of law and pertinent regulations and shall be revised, if necessary, to conform thereto.
Any modification or revision shall be evid.enced by a Supplemental Agreement modifying this Basic Ordering Agreement or by the issuance of a superseding Basic Ordering Agreement.
This agree $ient may be terminated upon thirty (30) days written notice by
- 'i either party to the other, except that the Government may immediately terminate this agreement ~at any time after the parties fail to agree to l
any deletion, addition,. or modification to this agreement which is required-by statute. Executive Order, or the. Federal Procurement Reoulation.
No '
deletion, addition, or modification to or termination of this agreement shall affect any orders theretofore entered into between the parties in which this agreement has been incorporated, by reference.
n Article XII-AUTHORIZED REPRESENTATIVE The Contracting Officer may designate an authorized representative under each task order for the purpose of assuring that services required under,
the agreement are ordered and delivered in accordance therewith.
S0ch representative as may be appointed will be specifically designated in writing to the Contractor from the Con,racting Officer, including the..
t extent of such designee's authority.
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l Page 15 ART 1CtE kill - RESPONSIBILITIES OF THE PROJECT OFFICER The Project Officer is responsible -for: -(1) Monitoring the Contractor's technical progress, including the surveillance and assessment. of performance j
and recommending to the Contracting.0fficer changes in requirements; (2) interpreting the Statement of Work; (3) performing technical evaluation j
as required;-(4). performing technical inspections and acceptances required
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by this contract; and (5) assisting the Contractor in the resolution of--
4 technical problems encountered during performance.
Within the purview of this authority, the representative is authorized to approve payment vouchers, 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.
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For guidance from the Project Officer to the Contractor to be valid, it must:
(1) be consistent with the description of work set forth in this 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 perform!nce or contract delivery schedule; (4) not const'.tute a basis for any increase in-the contract price.
J If the Contractor receives guidance from the Project Of'ficer which the Contractor feels is not valid under the criteria cited above, the Contractor shall immediately notify the Project Officer.
If'the two are not able to resolve the question within 5 days, the Contractor shall notify the Contracting Officer.
ARTIctE XIV - TECHNICAL DIRECTION A.
The NRC Project Officer named ih each Task Order is responsible for guiding the._ technical aspects of the project and.for general surveillance of. the_ work performed.
The Project Officer is not authorizef to make any commitments or any changes which constitute Work not..
within the general scope of this contract, or constitute a basis for any increase in contract price or extension of the contract Period of in nr wra ni t.un m mo cm P e r fo rm'a n c et "'"
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Technical ' direction must be within the general scope. of work sjated B.
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The Project Officer does not have the author 3ty.:. : :.
to and may not' issue any technical direction which:2 --
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1.
Constitutes a~n assignment of additi' nal wdrk outside the* general 4
o scope of the contract ~.
2.
Constitutes a change as defined in the clause of the General Provisions, entitled " Changes."
3.
In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
4.
Changes any of the expressed terms, conditions or specifications of the contract.
C.
ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT 0FFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE.
A copy of said written direction shall be submitted to the Contracting Officer.
D.
In the event the Project Officer desires a chanae to the contract within one or more of the categories as defined in (1) through (4)
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of paragraph B above, he/she must direct such request to the Contracting Officer.
The Contracting Officer will handle the request in accordance wiht applicable laws and regulations.
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E.
Any unauthorized connitment or direction issued by the Project Off,icer may result in an unnecdssary delay in the Contractor's performance and ~may even result in the Contractor expending its-----
own funds for unallowable, costs under the contract...__ _.._. __-.
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Page 17 ARTICLE XV ORDER OF PRECEDENCE _
In the event of'an inconsistency between the terms and conditions of this contract, the inconsistency shall be r'esolved by giving precedence.
in the following order _.:_...
1.
THE SCHEDULE
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2.
The General Provisions bther terms and conditions of the contract, whether incorporated by 3.
reference or othersise.
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Page 18
- BILLING INSTRUCT 10"5 TO.. NRC COST-TYPE CONI P.AC15, _
- ' ARTICLE XVI The contractor shall submit vouchers for cost-reimbursement in l
General _.
the manner and format, described herein and as illustrated.in'the sampl l
Claims..shall be submitted on the payce's letterhead, invoice or on the form.
Government Standard Form 1034, "Public Youcher for Purchases and Services
,]
~
Other than Personal," and StNdard, form 1035, "Public Voucher for Purchases 0ther than Personal -Continuation Sheet."
These forms are availabic from 20301.
l the Government Printing Office, 710 !! orth Capitol Street,1.'ashington, DC I
An original and' four copies shall be mailed to the NRC '
-u liumber of Copies.
office identi,fied beloW.
The contractor shall submit claims for reimbursement once each frecuency.
month unless otherwise authorized in writing by the contracting Officer.
C If cost-reimbursements are Bill _ino of Costs After Expiration of Contract:
incurred during the contract period and claimed after the contract has expired, s
the per'.od durin'g' which these costs xere incurred qust. be cited...,,
g
..m..
Billings may be expressed in the cur,rency..normally used by the Currency.
contractor in maintaining.his. accounting records; payments,w,il,1 be.made in However, the U.S. dollar equival'ent for all invoices, paid that currency.
h e :.
under the contract may not exceed the total. U.S. dollars. authorized in,,t, e contract.
These instructions supersede ali previous billing instructions.
5_upers e's s i on_.
Page 19
,j' y,c ration and i t emiration of the Youcher... The contractor.s. hall furh'ish--
the information set forth in the explernatory notes below.
These notes are leyed to the entries on the iample voucher.
(a)
Peyor's ffame' and Address.
(i) Address the original voucher (with copies 4
to:
U.S. !!uclear P.egulatory Comission, Division of Accodnting, Difice of the Controller,'ATTil:
GOV /COM' Accounts Section,1.ashington, DC 20555..
(b)
Voucher ilumber.,,, Insert the appropriate serial number of the vouch 6r.
This must be in~ sequential order beginning with 001 as the number to be used for the first youcher submitted under this ' contract..
~
(c)
Date of Voucher.
Insert the date the voucher is prepared.
- ~.
(d)
Contract l&mber and Date.
Insert the contract number and the effective -
date of the contract.
]e)
Payce's !!ame and Address.
Shoie the name of the contractor as it appears in 'the conf.ract and its correct address; except whan an approved assignmen8 has been'made by the. contractor, or a different payee has been designated, then insert the name' and address of the payee.
Include name of voucher -.,
.+:'.
.ev-prep' 'r'e?"a' rid tel*e'pWoE numbef.._ _ _ _ ~
a
.... :. -,- 1... in,n 1.a.,,, ; oa s u.u..., m.. v. > ww M u w. : " > ' * ' *
(f)
Contract _ Amount.j_ Insert the to.tal, estimated cost.of.the~conti'act; eiclusiv of fixed fee.
For increment' ally funded contracts enter the amount currentli obligated an'd available for paymeht.:
1*here applicable, insert totai fixed fee.
(g)
Fixed Fee.
(
0
.e Pege 20 the beginning and ending dates (day, month, and (h)
Bi_11ing Period.
Inser year) of j.E3eriod' Tn i:hich costs were incurred and for which is claimed._.
c Insert the major cost elements as follows:
(1)
Direct Costs.
This consists of sala' ries and wages paid (or accru?
' (i)(1) Direct Labor.
Itemize by name/ labor category, for direct performa.nce of the contract.
hours, and r. ate,per hour.
11iis represents fringe benefifs applicable to (i)(2) Frince Benefits.'
Fringe benefits' included in direct labor and billed as a direct cost.
direct' costs should.not be identified here.
For educational institutions (i)(3) Capitalized onexpendable Equipment.
9 list 'each item costing $1,000 or mori; for contractors other than institutions, list each item costing $200 or more and having a li,fe List only those items of equipment for.
expectancy,of more'tha'n o71e yea'r.
which reimdursement is requested... A_ reference shall be made to the following (as applicabl_e):
(1) the item number fot t;he specific piece
~
fficer's of equipment list.ed in the Property Schedule; }2)[the Contracting Approval I.etter,' if the equiph. ent covered by 'the Property Sche (3) be preceded by ~an asterisk (*) if the equipment is belo Further-itemization of youchers j;ha,ll. only, be required sf.or,,
l e' vel.
having specific limitations set forth in. the con, ract,._ _
t This is -
. (i)(4) Materials, Supolies, and !!oncapilalized Eouipment.
i described consumabic materials and supplies.and,cquipment other than that in (i)(3) above.,,Specify separately all items over $1,000.
. )
y b
.I Pege 21 This is rt:muneration in ru ess of the basic hourly (i)(L)kPr,r,:mi,um Pay,.
rate.
These are fees-paid _to. consul tant s. _ l.ist _name, (i)(6) Consultant's Fee.-
hours, ra'te per hour l and total cost.
Domestic travel is travel within the United States, its (i)(7) Travel.
territories, possessions, and Canada; it should be billed seperately froa 1.ist cost element.s. and loca{ ions of travel:
Airfare, cal
~
. foreign travel.
I 1
rental, lodging, food, parking, misc.
List all other direct costs in total unless in axcess of
~
~
(i)(8) 0ther.
h
.If over $500, li'st cost elements and dollar amount separatelf, e.
.$500.
For computer costs, specify computer type, total hours, a$
subcontracts.
cost per hour of co:pput'er' time.
(j)
Indirect Costs--Overhea'd.
Cite the provisional rate specified in the contract.
Cite the provisional. rate specified in the contract.
(h)
GT.A Expenses.
If the cont'ract provides for a fixed fee," it nust be claimed (1)
Fixed Fee.
Cite. the formula or method of computat6 as provided 'for by the contract.
(See (p)).
In' sert the amount billed f or the ma'Jo?
(m) Amount Billed for Current Period.
-a.
. ~.. -
- y _,
cost ele'ments, adjustment, and, adjusted amounts for the period.,,,
Insert the (n). Cumulative' Amount from I'ncdption to Date of this Billino.
cumulative amounts billed for the major cost elements and adjusted a..oun0 claimed during this contract..
l'.,ge 22 InserL the iotal ainounts clairned for the current (c)
Tot al Amounts C1aun2d.
and cumulative periods.
This includes amounts conceded by the contractor, ou (p)
Adjustrents.
% uithholding of earr.2d suspansions, disapprovals subject to appeal, and 15 fixed fee.
'(q)
Grand Totals _.
C: ". s j: *2
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e (r)
Special Billing Instructions The co.ntractor will have to employ an. accounting system by which costs will be billed in Program Areas in which the Work Order i.s placed, i.e., Operating Reactors (FIN No. B8021, B&R No. 20-19-01-14; Casework (Fill No. B8020, B&R No.
20-19-04-14 and Safety Technology (FIN No. B8022. B&R No. 20-19.07-14).
o..
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Page 23 l
.g.
(a)
Payor's !!ame' and Address (b)
Youcher !!o.
The U.S. Ilucicar Reguiatory Division of Accounting, CON Tc)
Date Vouchar Prepared
[
. Commission Attention: Gov /Com Accts Section
~
1.*ashington, OC 20555 T.d)
Contract No. and Date y
2 (e)
Contract Period of Performance (f)
Payee's.J!ame and Address (g)
Total Estimated Cost of Contract ABC CORPORATION...;cm,.,
100 Main Street Anywhere. U.S.A.
ATTN:
Jane Count (555)987-6543"0R The National Bank, Anywhere,U.S.A (h)
Total Fixed-Fee Assignee for ABC Corporation
-^
Anywhere, U.S.A.
(When Payments are Assigned)
This voucher represents reimburseable costs from Jul_y 1, 19/_8,through TI)_
July 31,1978, (m) Amount Billed (nfCumulative for Current Amount From
-r d
Period Inception to-Date of this Billina._
(i)
Direct Costs 5 6,800 (i)(1) Direct Labor (itemize)'
S 3,400 600 1,200 (i)(2) Fringe Benefits (rate) -
(i)(3) Capitalized 1,*onexpendable Equ'ipment....
5,000 8,000 (i)(4) Materials, Supplies and Noncapitalized Equipment 2,000 4,000 150 100
.(i)(5) Premium Pay 100 100 (i)(6) Consultant's Fee (s) 200 200
.(i)(7) Travel -- Domestic 200
. 200 Foreign
.0-
_- (i)(8) Other
$20,650 Total. Direct Costs 511,600 (J)
INDIRECT COSTS
% of Direct Labor or Other 6,000 Base (Formula)--
4,000 1,400 700 (k)
Gr.A Expenses (1) ' FIXE 0 FEE EARNED (Formula)**
^%
$16,300 S28,050 (o)
Total Amounts Claimed (105)
(1,700)
(P)
Adjustments (Less 15: fee withhelt )
(0) l and Outstanding Suspensions,.if (q).pplicabie
" $16,195_
526,35_0, a
Grand Totals..
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Page 24 ARTICLE XVII -
811.t1HG lliSTRUC110:15 FOR FIXED PRICE CONIRACIS AHD. PURCHASE ORDLR5_
The contractor shall submit vouchers or invoices as prescribed General.
.)
herein.
Claims shall be submitted on the payee's letterhead, invoice or d
on tiie Government's Standard Fonn 1034 "Public Voucher for P Fo nn.
l " and Standard Fonn 1035 "Public Voucher Services Other Than Persona,
These fonns for Purchases Other Than Personal -- Continuation Sheet."
i l
are available from the Government Printing Office, 710 North Cap to Street, Washington, DC 20801.
An original and six copies shall Number of Copies and Mailino Address._
be submi tted to, JiRC _of fices identified below.
The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in Frecuency.
parfpnpance of the contract unless otherwise specified in the contract.
The voucher shall be prepared Preparation and itemization of the Voucher.
in ink or typewriter (without strikeovers) and corrections or erasures must be initialed.
It must include the following:
(i)
Address the original vcucher (a)
Tayor's name and address.U.S. Nuclear Regulatory Corr.aission, (with 4 copies) to:
GOV /COM Division of Accounting, Office of the Controller, ATTH: Address 2 20555.
(ii)
, Accounts Sections, Washington, DC E. L.
copigs'to:
U.S.' Nuclear Regulatory Cortmission, ATIN:
Halman, Director, Division.of Contracts, Washington, DC (iii) The original cooy of the voucher should indicate _-
20555'.
that (2). copies.have been fonvarded to the Contractino Cfficer.
m
.m
.This is to be in sequential order'beginning with _," -
o xf
.i...u..e 4
Voucher riur.iber.
(b) 001 as the number to be used for the first voucher submitted under this contract or purchase _ order.
(c)
Da te of; voucher. ;
(d)
Contract number and date.
(Show the name of the contractor Payee's _name and address.and its correct address, except when an (e) i td rhade by the contractor or a dif ferent payee has been des gna e,
then ins'ert.the name and address of the payce.)
Description of articles or se'rvices, quantity, unit price, and (f) t,otal amount.
).
O O
Page 25 '
(g)
Weight and zong of shipment, if shipped by parcel post.
Charges for freight or express shipments, and attached prepaid (h) j bill, if shipped by freight or express.
Instructions to consignee to notify Contracting Officer of (1) receipt of shipment.
(j) final invoice marked:
" filial IliV01CE".
Billings may be expressed in the currency nonnally used by the contractor in maintaining his accounting records and Currency.
~
invoices paid under the contract may not exceed the total U.S. dollars be made in that currency.
authorized in the contract.
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,Phge 26 ARTICLE XVIII
_P_RIVATE USE AND PR TECTIOff 0F UNCLASS!FIED GOVERNMENT Except as specifically authorized by this contract, or as otherwise approved A.
by the Contracting Officer, records or other information, documents and material furnished by the Commission to the contractor in the performance oG this contract, or information developed by ~the contractor in the course of the work hereunder, shall be used only in connection with the work performe(
under this cor. tract.
The contractor shall, upon completion or termination e this contract, transmit to the Commission all records or other information, documents and material, and any copies thereof, furnished by the Commission =
to the contractor or developed by the contractor in the. performance of this contract.
B.
The contractor shall be responsible for safeguarding from unauthorized dis-closure any information or other documents and material exemot from public disclosure by the Commission's regulations and made available to the con.
tractor in connection with the performance of work under this contract.
The; contractor agrees to conform to all regulations, requirements, and direction; of the Commission with respect to such material.
C.
The contractor's. duties under this ' clause shall not be construed 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, j
i l
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Page 27 b
ARTICLE XIX
- PROTECT 16N OF PROPRIETARY AND COMPANY If proprietary or company confidential data is provided to the
. contractor by the Government in cor.nection with this contract, the contractor aorces to safeouard such information and agrees not to release such infonnation to any person not directly involved in the performance of, work under this contract unless such release is authorized in writing by the Contracting Officer.
Upon completion or termination of this contract, all copies of any such proprietary or company confidential data shall be returned to the Commission.
ARTICLE XX -INSPECTION OF SERVICES (a) All services (which term throughout this clause includes services performed, material furnished or utilized in the performance of services, and workmanship in the performence of services) shall be subject to. inspection and test by the Government, to the extent
- i practica,ble at all times and places during the. term of the contract.
All, inspections by the Government shall be made in such a manner as not to unduly delay the work.
s
'( b')
I'f any services ~ performed hereunder are not in conformity with the requirements of this contract, the Government shall have the right to require the Contractor to perform the services again in conformity t
with the requirements of the contract, at no additional increase in total contract amount.
b' hen the services to be performed are i
of such a nature that the defect cannot be corrected by reperformance of the services, the Government shall have the right to (i) require the Contractor t6 immediately tske all necessary steps to ensure
' future performance of the services in confor.nity with the requirements of the, contract; and (11) reduce the contract price to reflect the reduced value of the services performed.. In the event. the Contractor- ~,<~ -
fails promptly to perform the services ^^again or to take necessary - - ~ ~~
steps to insure future perfo'rmance of the services i~n conformity with
^ the requirements of the contract, the Government shall have the right to either (i) by contract or otherwise have the services performed in conformity with'thd' con' tract requirements and charge to the Contractor any cost occasioned to the Government that is directly related to the performance of such services; or (ii) terminate this contract for default as provided in the clause of this contract enti, tl ed "De fa ul t."
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Page 28 g
ARTICLE XXI -GENERAL PROVISIONS / ALTERATIONS The General Provisions of any. resultant Basic Ordering Agreement shall consist of:
1.
General Provisions - Fixed Price Research & Development Contract 2.
General Provisions - Cost Type Research & Development Contracts With Commercial. Organizations dated 12/81 Individual Task Orders awarded under the BOA will specify the applicable provisions depending upon the type of contract negotiated.
In addition, the following alterations are made to the General Provisions for
" Cost Type Research and Development Contracts with Commercial Organizations,"
dated it/80: ----Provisions Delatads
@) n/f!;
1.21 Privacy Act Notification 1.22 Privacy Act kovisions Added:
3.12 Labor Surplus Area Subcontracting Program (1-1.805-3(b))
{a) Tne Contractor agrees to establish and conduct a program which will encourage labor surplus area concerns to compete for subcontracts within their capabilities.- --In this connection, the Contractor shall-
.2 -
re- -
(1)
Designate a liaison officer who will (i) maintain liaison with...
duly authorized representatives of the Govarnment on labor surplus area matters, (ii) supervise compliance with the Utilization of Concerns in Labor Surplus
~
Areas clause, and (iii) administer the Contractor's " Labor Surplus Area Sub-contracting Program;"
(2)
Provide a'dequate and timely consideration of the potentialities of labor surplus area concerns in all "make-or-buy"_ decisions; (3)
Assure that labor surplus area concerns will have an equitable -
Opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of labor surplus area concerns; -
)
\\
k Page 29 (4)
Maintain records showing the procedures which have been adopted to ccmply with the policies. set forth in this clause and report subcontract awards (see 41_ CFR 1-16.804-5 regarding use of Optional Form 61).
Records msintained pursuant to this clause will he kept available for review by the Government until the expiration of 1 yttr af ter the award 'of this contract, or l
f this contract or by applicable law,od as.may be required by any other c ause o for such loncer per.i or ' regulations; and (5)
Include the Utilization of Concerns in Labor Surplus Areas clause in subcontracts which offer sub'stantial labor surplus area subcontracting opportunities.
The term " labor surplus area" means a geographical area identified (b)
(1) by the Department of Labor as an area of concentrated unemployment or under-employmsnt or an area of labor surplus.
(2)
The term." concern _ located in a labor surplus area" crans a labor.:
surplus area concarn.
(3)
The term " labor surplus area concern" means a concern that, together with its first-tier subcontractors, will perform substantially in labor surpius areas.
(4)
The term "parform substantially in labor surplus areas" ceans that the costs incurred on account of manufacturing, production, or appropriate services in labor surplus areas exceed 50 percent of the contract price.
(c) The Contractor further agrees to insert, in any subcontract hereunder and which contains the Utilization of Concerns in which may exceed $500,000 Labor Surplus Areas _ clause, provisions.which;shall conform substantially to the' language of this clause, including this paragraph (c), and to notify the Con-tracting Officer of the names of such subcontractors.
(
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,,3.13 Utilization of Wcmen-Owned Business Concerns (Over 510,00D}-
(a)
It is the policy of the United States Government that Women-owned businesses shall have the maximum practicable opportunity to participate in,the performance of contracts ' awarded by any Federal agency.
(b) The Contractor agrees to use his best efforts to carry 'out this policy,in the award of subcontracts to the fullest extent consistent with the ~
efficient performance of this contract.
As used in the contract, a " women-owned business" concern means a business that is at least 51% owned by a woman J
or women who also control and ' operate it.
" Control" in this context means exercising the power to make policy decisions.
" Operate" in this context '
means being actively involved in the day-to-day management.
" Women" mean all women business owners.-
l 3.14 Women-Owned Busihsss Concerns Subcontracting Program (Over 5500?000 or 51,000,000 for Construction of Any Public Facility)
The Contractor agrees to establish and conduct a program which will (a) enable women-owned business concerns to be considered fairly as subcontractors and suppliers under this contract.
In this connection, the contractor shall:
(1) Designate'a liaison officer who will administer the Contractor's
" Women-Owned Business Concerns Program."
(2) provide adequate and timely consideration of the potentialities of known women-owned business concerns in all "make-or-buy" decisions.
(3). Develop a list of qualified bidders that are women-owned businesses and assure that known women-owned business concerns have an equitable c
opportunity to compete for subcontracts, particularly by making information on forthco. ming opportunities available, by arranging
. solicitations, time for the preparation of bids, quantities, speci-fications, and delivery schedules so as to facilitste the participation
~
of women-owned business concerns.
(4) Maintain records showing (i) procedures which have been adopted
~
to compy with the policies set forth in this clause, including the establishment of a source list of women-owned business concerns; (ii), awards to women-owned businesses on the source list by minority and non-minority women-owned business concerns; and (iii) specific efforts to identify and award contracts to women-owned business concerns,.
(5)
Include'the " Utilization of Women-Owned B'usiness Concerns" clause _. :a in subcontracts which offer substantial subcontracting opportunities.._.
(6) Cooperate in any studies and surveys of. the Contractor's women-owned business concerns procedures and practices that the Contracting -
Officer may from time-to-time conduct.
O G
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' (7) *3u u.it periodic reports of subcontracting to women-owned business concerns with respect to the records referred to in subparagraph (4) above, in such form and manner and at such time (not more of ten
- than cuarterly) as the Contracting Officer may prescribe.
(b) The Contractor further. agrees.to insert, in any subcontract hereunder which 'may exceed $500,000 or $1,000,000 in the case of contracts 'for the construction of any.public facility and which offers substantial subcontracting possibilities..
provisions which shall conform s0bstant~ially to the language of this clause, includit this paragraph (b), and. to notify the Contracting' Officer of the names of such subcontractors.
(c) The contractor further agrees to require written certification by its subcontractors that they are bona fide women-owned and controlled business concerns in accordance with the d6finition of a women-owned business concern as set forth in the Utilization Clause 1(b),ab~ove at the time of submission of bids or proposals.
5.8 Price Reduction for Defective Cost or Pricing Data (1-3.814-1(a))
If any price, includ53g profit or fee, negotiated in connection with this contract or any cost reimbursable under this contract was increased by any sient-ficant sums because:
(a) The Contractor furnished cost or pricing data which was not accurate.
complete and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; (b) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Data--Price Adjustments" or any subcontract clause therein required, furnished cost or pricino data which was not accurate, complete and current as certified in the subcontractor's Certificate of Current Cost or Pricing Data; (c)
A' subcontractor or prospective subcontractor furnished cost or oricing data which was required to be accurate, complete and current and to be submitted to support a subcontract cost estimate furnished by the Contractor but which was not accurate, complete and-current as of the date certified in the Contractor's Certificate of Current Cost or Pricing' Data; or (d) The Contract.or or a subcontractor or prospective subcontractor furnished any data, not within (a), (b) or (c) above, which was not accurate as submitted:
the price or cost shall be reduced accordingly and the contract shall be modified in writing as may be necessary to reflect such reduction.
However, any reduction in the contract price due to defective subcontract data of a prusoective subcon-tractor when the subcontract was not subsequently awarded to such subcontractor, will be limited to the amount (olus apolicable overhead and profit markup) by which the actual subcontractc or actual cost to the Contractor if there was no subcontract, l
was less than the prospective subcontract cost estimate submitted by the Contractor:
Provided, The actual subcontract price was not affected by defective cost or pricing data.
(Note: Since' the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, it is expected that the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately. indemnify the Contractor.
It is also expected that any subcontractor subject to such indemnification will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his low tier subcontractors.)
Page 32 5.9. Price Reduction for Defective Cast or Pricing Data - Price Adjustments (1-3.814-1(b))
(a) This clause shall.become operative only with respect to any modification of this contract which involves aggregate increases and/or decreases in costs plus applicable profits.in excess of $100,000 unless the modification is priced on the basis.of adequate price competition, established catalog or market prices of comercial items sold. in substantial quantities to the gcneral public, or prices.
set by law or regulation.
The right to price reduction under this clause is limited,
to defects in data relating to such modification.
(b)
If any price, including profit, or fee, necotiated in connection with any price adjustment under this contract was increased by any significant sums 9
because:
(1) The Contractor furnished cost or pricino data which was not accurate, complete and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; (2) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricina Data--Price Adjustments" or any subcontract clause therein required, furnished cost or pricing data which was not accurate, complete and current as certified in the subcontrac. tor's
~
Certificate of Current Cost or Pricino Data;-
(3) A subcontractor or prospective subcontractor furnished cost or pricing data which was reouired to be accurate, complete and current and to be submitted to support a subcontract cost estimate furnished by the Contractor but which was not accurate, complete and current as of the date certified in the Con-tractor's Certificate of Current Cost or Pricing Data; or (4) The Contractor or a subcontractor or prospective subcontractor furnished any data, not within (1), (2) or (3) above, which was not accurate, as submitted; the price shall be reduced accordingly and the contract shall be modified in writing as may be necessary to reflect such reduction.
However, any reduction in the contract price -due to defective subcontract data of a prospective subcon "= -
tractor, when the subcontract was not subsequently awarded to such subcontractor, will be limited to the amaunt (plus applicable overhead and profit markup) by which the actual subcontract, or actual cost to the Contractor if there was no subcontract, was less than the prospective subcontract cost estimate submitted-by the Contractor.
Provided the actual subcontra.ct.pr. ice was not.affected by.
defective cost or pricing data.
~
(Note:
Since the contract is subject to reduction under this clause
~
by reason of defective cost or pricino data submitted in connection with certain 2.
subcontracts, it is expected that the Contractor may wish to include a clause in -.
each such subcontract requiring the subcontractor to appropriately indemnify the Contractor.
It is also expected that any subcontractor subject to such indemnift '
cation will. generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his lower tier subcontractors.)
(c)
Failure to agree on a reduction shall be a discute concernino a question i
of fact within~ the meaning of the " Disputes" clause of this contract.
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~ 5.16 Subcontractor Cost and Pricing Data (1-3.814-3(a))
Page 33 (a) The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricing data under the following circumstances:
7 (1) Prior to the award of any subcontract the amount of which is expected to exceed $100,000 when entered into; (2) Prior to the pricing of any subcontract modification which involves i
aggregate increases and/or decreases in costs plus applicabic orofits expected to exceed $100,000; except where the price is based on adequate price competition, established catalog or market prices of comercial items sold in substantial quantities,to the general public, or prices set by law or regulation.
(b) The Contractor shall require subcontractors to certify, in substantially the same form as that used in the certificate by the Prime Contractor to the Government, that to the best of their knowledge. and belief, the cost and pricing data submitted under (a) above is accurate, complete, and current as of the date of agreement on the negotiated price of 'the subcontract or subcontract change or modification.
~
(c) The Contractor shall insert the substance of this clause includino this paragraph (c) in each subcontract hereunder which exceeds $100,000 when entered '
into except where the price thereof is based on adequate' price' competition, established catalog or market prices of comercial _ items sold in substantial quantities to the general public, or prices set by law or regulation.
In each such -<
expected subcontract hereunder in excess of $100,000, the Contractor shall insert the substance of the following clause:
SUBCONTRACTOR COST OR PRICING DATA-PRICE ADJUSTMENTS (a) Paragraphs (b) and (c) of this clause shall become operative only with respect to any modification made pursuant to one or more provisions of this contract which involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed $100,000.
The~ requirements of this clause shall be limited to such contract modifications.
(b) The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricino data under the following circumstances:
(1) Prior to award of any subcontract, the amount of which is expected to exceed 5100,000 when entered into; (2) Prior to the pricing of any subc::ntract modification which involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed $100,000; except where the price is based on adequate price competition,
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established catalog or market prices of comercial items sold in substantial quantities to the general public, or prices set by law or regulation.
p 45.10 Subcontract Cost and Pricing Data (1-3.814-3(a)) Cont'd Page 34 (c)
The Contractor shall require subcontractors to certify, in substantially-the same fonn as that used in the certificate by the Prime Contractor to the-
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Government, that to the best of their kriowledge and belief the cost and pricing data submitted under (b) above is accurate, complete, and current as of the date _
of agreement on the negotiated price of the subcontract or subcontract change or modifi ti on.
(d)
The Contractor shall insert the substance of this clause including this paragraph (d) in each subcontract hereunder which exceeds $100,000 when entered into.
5.11 Cost Accounting Standards--Nondefense Contract (1-3.1204-2(a))
(a)
Unless the Adminisi.rator o? General Services has prescribed rules or regulations exempting the Contractor or this contract from standards, rules, and regulations promulgated by the Cost Accounting Standards Board, the Contractor, in connection with this contract, shall:
(1) Follow consistently the cost accounting practices established or disclosed as required by regulations of the Cost Accounting Standards Board and administered under the Administration of Cost Accounting Standards clause.
If any change in disclosed practices is made for purposes of any contract or subcontract subject to those disclosure requirements, the change must be applied in a consistent m nner to this contract.
(2)
Comply with all cost accounting standards which the Contractor is required to comply with by reason of concurrent performance of any contract or subcontract subject to the Cost Accounting Standards clause (4 CFR 331) and administered under the Administration of Cost Accounting Standards clause.
The contractor also'shall comply with any cost accounting standard which hereafter becomes applicable to such a contract or subcontract.
Such compliance shall be required prospectively from the date of applicability to such contract or.
subcontract.
Compliance shall continue until the Contractor complates per-formance of work under this contract.
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(3) Agree to an equitable adjustment (as provided in the Changes clause of this contract,'if any) if the contract cost is affected by a change which, pursuant to.(2) above, the Contractor is required to make to his estab- -
lished cost accounting practices whether such practices are covered by a Dis-closure Statement or not.
(4) Negotiate with the Contracting Officer to determine the terms and ccnditions under which a change to either a disclosed cost accounting practice or an established cost accounting practice, other than a change under (a)(3) e above or (a)(6) below, may be made.
A change to a practice may be proposed by either the Government or the Contractor, Provided, however, That no agreement may be made under this provision that will inc~rease costs paid by the Udited m
States.
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.Page 35 (5) Agree to an adjustment of the contract price or cost allowance, as appropriate, if it er a subcontractor fails' to comply with the applicable Cost' Accounting Standards or to follow any practice disclosed or established pursuant to subparagraph (a)(1) or (a)(2) above and such failure results in any 9ncreased costs paid by the United States. - Such adjustinent shall provide for recovery,of the increased costs to the United States together with interest thereen computed at the rate detemined by the Secretary of the' Treasury pur-suant to Pub. t.. 92-41 (50 U.S.C. App.1215(b)(2)), or 7 percent per a'nnum.
whichevei'is less, from time the payment by the United States was node to the time the adjustment is effected.
(6) Negotiate an equitable adjustment (as provided in the Changes 31ause of this. contract, if any) when the parties agree to a change to either a fisclosed cost accounting practice or an established cost accounting practice.
The Contractor shall pemit any authorized representatives of the head (b) cf the agency, of the Cost Accounting Standards Board, or of the Comptroller General of the United States to examine and nuke copies of any documents, papers, or records relating to compliance with the requirenunts of lesser. time.specified in the Federal Procurement Regulations (FPR) part 1-20.
(c)
Unless a subcontract or Subcontractor is exempt under rules or regu-lations prescribed by the administrator of General Services, the Contractor:
(1) shall include the substance of this clause including this paragraph (c) in all negotiated subcontracts under this contract with subcontractors that are currently performing a national defense contract or subcontract that contains the clause entitled _to Cost Accounting Standards and that are currently required
-to accept the clause in applicable national defense awards, and (2) shall include the substance of the Consistency of Cost Accounting Practices--Non-1-3.1204-2(b) of the FPR in. negotiated defense Contract clause set forth in i The Contractor subcontracts under this contract with all other subcontractors.
may elect to use the substance of the solicitation notice set forth in I 1-3.1203-2(b) of the FP,R in his determination of applicability cost accounting standards to subcontracts.
(d) The terms defined in 5 331.20 of Part 331 of Title 4, code of Federal Regulations, shall have the same meaning herein.
As there defined, " negotiated subcontract" means "any subcontract except a finn fixed-price subcontract made by a contractor or subcontractor after receiving offers from at least two finns not associated with each other or such contractor or subcontractor, providing (1) the solicitation to all competing finns is identical, (2) price is the only consideration in selecting the subcontractor from among the competing fims
( solicitied, and (3) the lowest offer received in compliance with the solicitation..._..
from among these solicited is accepted."
(e) The administration of 'this clause by the Government shall be accom-p11shed in conjunction with the administration of the Contractor's national defense contracts and subcontracts subject to rules and regulations of the Cost Accounting Standards Board, pursuant to the Administration of Cost Accounting Standards clause. For the purposes of the Admidistration of Cost Accounting Standards clause contained in this contract, references to the Cost Accounting.
Standards clause shall be deemed to include this Cost Accounting Standards--
Nondefense Contract clause and reference to the Disclosure and Consistency of _ _ _ _
Cost Accounting Practices clause shall be deemed to include' the Consistency of Cost Accounting Practices--Nondefense contract clause.
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5,12 Administration of Cost Accounting Standards (1-3.1204-1(b))
For the purpose of administrating Cost Accounting Standards requirements under this contract; the Contractor shall:
u (a) Submit to the cognizant Contracting Officer a description of the accounting change and the general dollar magnitude of the change to reflect the sum of all increases.and the sum of, all decreases for all contracts.containing, the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accouni.'.ng Practices clause:
(1) For any change in cost accounting practices required to comply with a new cost accounting standard in accordance with paragraph a)(3) and (a)(4)(A) of the Cost Accounting Standards clause within 60 days or such other date as may be mutually agreed to) after' award of a contract requiring such change;"
(2) For any chance to cost accounting practices proposed in accord-ance with paragraphs (a)(4){B), (a)(4)(C of the Cost Accounting Standards clause or with paragraph (a)(3) or (a)(5 of the Disclosure and Consistency of Cost Accounting Practices clause not less than 60 days (or such other date as may be mutually agreed to) prior to the effective date of the Proposed change; or (3) For any failure to comply with an applicable Cost Accounting Standard or to follow a disclosed practice as contemplated by paragraph (a)(5) of the Cost Accounting Standards clause or with paragraph (a)(4) of the Disclosure and Consistency of Cost Accounting Practices clause within 60 days (or such other date as may be mutually agreed to) after the date of agreemnt of such noncompliance by the Contractor.
(b)
Submit a cost impact proposal in the form and manner specified by the cognizant Contracting) Officer within sixty (60) days (or such other date as may be mutually agreed to after the date of determination of the adequacy and compliance of a change submitted pursuant to (a) (1), (2), or (3), above.
(c)
Agree to appropriate contract and subcontract amendments to reflect adjustments established in accordance with paragraphs (a)(4) and (a)(S) of the Cost Accounting Standards clause or with paragraphs (a)(3), (a)(4), or (a)(5) of the Disclosure and Consistency of Cost Accounting Practices clause.
(d)
When the subcontract is subject to either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practice ' clause so state in the body of the subcontract and/or in the letter of award.
Self-deleting clauses shall not be used.
(e)
Include the substance of this clause in all negotiated subcontracts containing either the Cost Accounting Standards clause or the Disclosure and Consistency.of Cost Accounting Practices clause.
In addition, include a pro-vision in these subcontracts which will require such subcontractors, within 30 days after receipt of award (or such other date as may be mutually agreed to) to submit the following information to the Contract Administration Office Cognizant 1
of the -subcontractor's facility.
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I'uge 37 5.1'2 Administration of Cost Accounting standards (1'-3.1204-1(b)) Cont'd.
(1) Subcontractor's' name.and subcontract number..
(2) Dollar amount and date of award.
,(3) Name of Contractor making the award.
(4) A statement as to whether the subcontractor has made or proposes to make any changes to accounting practices that affect prime contracts or subcontracts containing the Cost Accounting Standards clause or Disclosure and Consistency of Cost Accounting Practices clause unless such changes have already been reported.
If asard of the subcontract results in making a cost accounting standard (s) effective for the first time, this shall also be reported.
(f)
For negotiated subcontracts containing the Cost Accounting Standards clause, require the subcontractor to comply with all Standards in effect on the date of final agreement on price as shown on the subcontractor's signed Certificate of Current Cost or Pricing Data or date of award, whichever is earlier.
(g)
In the event an adjustment is required to be made to any subcontract hereunder, notify the Contracting Officer in writing of such adjustment and agree to an adjustment in the price or estimated cost and fee of this contract -
as appropriate, based upon the adjustment established under the ' subcontract..
m.
Such notice shall be given within 30 days after receipt of the proposed sub-contract adjustment, and shall include a proposal for adjustrpnt to such higher _
tier subcontract or prime contract as appropriate.
(h) When either the Cost Accounting Standards clause or the Disclosure and
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Consistency of Cost Accounting Practices clause and this clause are included in subcontracts, the tem " Contracting Officer" shall be suitably altered to identify the purchaser.
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Part IV
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LIST OF ATTACHMENTS P
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General Provisions-Fixed Price Research and Development Contracts General Provisions - Cost Type Research and Development Contracts with Commercial Organizations dated 12/81 -
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