ML20053F077
| ML20053F077 | |
| Person / Time | |
|---|---|
| Issue date: | 05/20/1982 |
| From: | Mattia M, Robert Williams NRC OFFICE OF ADMINISTRATION (ADM), WILLIAMS-ROBINETTE & ASSOCIATES, INC. |
| To: | |
| Shared Package | |
| ML20053F076 | List: |
| References | |
| CON-NRC-02-82-028, CON-NRC-02-82-028-0, CON-NRC-02-82-028-05, CON-NRC-2-82-28, CON-NRC-2-82-28-5 NUDOCS 8206100409 | |
| Download: ML20053F077 (17) | |
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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 Placing and Processing of Orders Article IV Pricing and Negotiation of Orders Article V Time of Delivery Article VI Reports Article VII Pricing of Adjustments Article VIII Type of Contract Article IX Modification of Basic Ordering Agreement Article X Comditions for Maintaining Agreement Article XI Authorized Representative Article XII Responsibilities of the Project Officer Article XIII Technical. Direction Article XIV Order of Precedence Article XV Billing Instructions for NRC Cost-Type Contracts c
Article XVI Billing Instructions for NRC Fixed Price Contracts and Purchase Orders Article XVII Private Use and Protection of Unclassified Government Information Article XVIII Protection of Proprietary and Company Confidential Information Article XIX Inspection of Services Article XX Conflict of Interest Article XXI General Provisions / Alterations 4.
Attachments l
NRC-flanual Chapter 3202 l
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NRC Organization Chart General Provisions - Fixed Price Research and Development Contracts General Provisions - Cost Type Research and Development Contracts with Commercial Organizations dated 12/81 e
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CONTRACT SCHEDULE ARTIC.E 1 - Description of Work This Basic Ordering Agreement (BOA) as defined in Federal Procurement provides the terms and conditions under which the contractor is required to provide the services identifie Regulation 1-3.410-3, and is neither intended to restrict competition nor imply that the
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Govarnment will place future orders for these services.
1983.) '
with an option for one additional year), task orders i us i dically.
p-ojects within the scope of the work statement will be issued per o tiation.
Tnn type of contract employed for each Task Order will be subject to ne idual C:mcetition among the qualified BOA holders will be soli
'ss'.ed under the B0A may require performance of all, some, or only one task orders.
cf the tasks identified in Article II, Section C.
k ART CLE II - Services to be Ordered he contractor shall provide to the Government technical assistance d
is -he Government may order hereunder in the manner thereinafter p f
Sucn services shall be as generally described in the following Statem 40rk BACKGROUND A.
The DDE has responsibility for the siting, design, construction, an l
operation of a geologic repository for the disposal of high-lev radioactive waste (HLW).
for release of radionuclides to the accessible environmen d
for disposal of HLW are properly sited, designed, constructed, o logic repository.
dd and decommissioned such that the EPA standard will n l
This goal will be accomplished through preparing regulations a the reposi-tory guides and through licensing reviews at various steps in tory development.
(Pasco presently, the DOE is conducting site screening studies in bas d
Basin, Hanford Reservation, Washington) tuff (Yucca Mountain d
B sin Test Site, Nevada), bedded salt (Permian Basin in Texa lt, tuff Louisianna, and Texas). scheduled for submission t
ill be Site Characterization studies will proceed and additional repo and salt.
developed.
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B.
WORK REOUIRED l
l The Contractor shall review hydrogeologic properties and processef related to containment and isolation of radionuclides.
General topics shall include but not be limited to principles of groundwater hydraulics and solute transport, groundwater chemistry, groundwater resource potentialof groundwater effects on facility desion.and construction.
groundwater investigation', data analyses and evaluations, and methods topics relevant to groundwater such as stratigraphy, and structural geology.
l Emphasis shall be given to topics sucn as: fracture flow radionuclide transport, groundwater age dating, isotopic analysis, heat driven convective tlow, low permeability testing,1r. siw oulk measurements et hydrogeologic properties, tracer tests, paleohydrogeology, and delinea, ting changes in groundwater systems.
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The Contractor shall be required to review major areas of hydrogeologic work such as DOF cts developed during site screening and site characterizatio.
._ DOE technical reports.
The Contractor shall also provide portions of or reviews of draft NRC review plans and technical positions.
A Representative sample of material which would be reviewed is R.E.
.Gephart, et al, " Hydrologic Studies within the Columbia Plateau.
Washingtolii Kn Integration of Current Knowledge."
RHO-BWI-ST-5, 4
October 1979, Rockwell International, Richland, Washington, prepared for Department of Energy and is provided herein as Attachment 4_. (Chapter 3 oni; i
i Task 1 - Review of DOE Products Develooed Durino Site Screenino and Site Cnaracterization Under this task the Contractor shall review designated portions of products developed during site screening and site characterization.
Each review shall be conducted in terms of the hydrogeologic requirements of 10 CFR 60.* Reviews shall consist of an evaluation of the adequacy.and completeness of the:
- 1) data base. (including methods of investigation, analysis, evaluatica, and quality assurance),2) discussion and assessment of hydrogeologic issues ** of the geologic setting and 3) plans for resolving issues and data limitations.
Results of reviews shall be provided in draft _and final reports contiining conclusions and rerommendations concerninLacti.ons.w.hich should be taken by the NRC.
- Pr.oposed Ra_te 10_ CFR 60, Disposal of High-Level Radioactive Wastes in Geologic ~
Repositories,. Federal Recister, vol. 46, no.130. July 8,1981
- The term issues includes all hydrogeologic characteristics of a geologic setting that may affect the ability of a geologic. setting to host a repository I
and to contribute to containment and isolation of waste fonn the accessible environment (this includes the favorable and potentially adverse conditions in 10 CFR 60);
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Task 2 - Develoo Portions of or Reviews of NRC Review Plans and Technical Positions -
2.1 Under this task, the Contractor shall develop initial drafts.of hfdrogeologic portions of NRC documents.
The Contractor shall accomplish this tast using statements of the objectives, scope, and approach of the documents, together g
with a draft outline, as specified in individual task orders.
The Contractor shall furnish. additional detailed technical material as needed to satisfy the objectives of the document.
.e 2.2 The Contractor shall be required to review hydrogeologic portions of NRC draft documents as specified in individual task orders.
These reviews shall include technical comments on the material in the drafts and recommendations of additional material needed to satisfy the objectives of the document.
The Contractor shall also furnish the necessary technical documentation. (e'.g. references, data, and results of analyses) to support the recommendation.
Results of these efforts shall be presented in a draft report.' ' A final report shall be prepared based on the NRC staff comments on the draft reoort.
.C.
MEETINGS AND FIELD TRIPS The' Contractor shall attend planning or review meetings of one day or! two days at NRC in Silver Spring, Maryland, as specified in individual task orders.
The Contractor shall attend field trips, technical meetings or site visits as specified in individual task orders.
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TRAVEL All domestic travel associated with any resultant task order shall be approved in advance by the NRC Project Officer.
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E.
REPORTIf1G REQUIREMEtlTS Letter Progress Reports:
The Contractor shall spbmit letter progress reports which summarize:
s 1.
The technical work performed during the previous reporting period including:
a) key milestones achieved b) meetings or field trips attended with reference to letter trip reports submitted c)
- major results, conclusions and recommendations developed; 2.
activities planned for the next reporting period; 3.
potential or actual contractual problem areas and their impacts (if the schedule has slipped or if the ' budget will be exceeded, this shall be stated and the reasons explained);
4.
the personnel assigned and their time expenditures during the previous reporting period; 5.
cost obligations, listed separately for each person during the previous reporting period and cumulative to date (fiscal year and total); and 6.. projectiori of costs by reporting period to completion of the work effort for the current fiscal year.
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The first letter progressreport for a task shall provide the cost projection and detailed schedule of work.
Subsequent reports shall either indicate revised projections or indicate no change in the cost and schedule projections.
Reporting periods will be specified under each task order.
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Draft and Final Review Reports The Contractor shall prepare draft and final review reports as identified in Tasks 1 and 2.
Draft and final reports shall be prepared in accordance with NRC manual appendix 3202 "Fomal contractor Documents."
The draft shall meet the format requirements of the femal report, shall have been edited and reviewed by the Contractor and, with the possible exception of a few minor editing corrections, shall be ready to be published as:a fomal report if HRC has no coments.
All final reports shall include a camera ready copy.
The Contractor shall submit ten (10) copies of draft reports to the NRC Project Officer in accordance with the completion schedule.
Within 15 working days following submission of the draft report, the NRC Project Officer will comment in writing on these reoorts.
The Contractor shall respond to these coments in writing within 15 working days following receipt of NRC coments.
Prior to submittal of the final report all coments shall be mutually resolved by the NRC Project Officer and the Contractor.
The final report shall be submitted within 20 working days after receipt of NRC coments and shall include a resolution of all NRC review coments.
The Contractor shall submit copies of the final report in accordance with Section 4.4.
Each draft and final review report will include a list of references. A system of cross references between text of the report and the list of references shall be used.
In all areas where " work by others" is reviewed and u:cd, the Contractor shall specify which conclusions are his and which are those of the original author.
Recerts of Meetinos 'and: Field: Trios A letter report of meetings and field trips shall be.provided by the Contractor to be received by. the NRC PO within 10 working days of conpletion of the meetingf or field trip.
These reports shall serve as a record of the trip (or meeting and shall, as a minimum, identify the puroose, participant s), itinerary, cost break out, and significant findings.
Report Distribution The following summarizes the required report distribution under any resultant task order:
Meetings Task and Trips Prooress-Draft Final Camera-readd Proinct Officer 1
1 10 6
1 Office of the Director, HMSS 1
1 1
1 0
(Attn:
Program Support Branch)
Division of Waste Management 1
2 2
2 0
(Attn:
Division Director) i 1
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Contracting Officer 1
1
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F.
NRC FURNISHED MATERIAL __
At the initiation of each review the NRC will provide the Contractor with a copy of the procedural and technical portions of 10 CFR 60 the NRC Standard format and Content Guide for the 'Ste Characterization Report (the Site Charact.erization Report is referred to as the Detailed Site Characterization Plan by DOE), the reports which are to be reviewed,
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,e and a copy of the schedule of major events in the Department of Energy's selection, design, and construction of the geologic repository.
1 G.
OUALITY ASSURANCE PROCEDURES For all draft and final technical reports delivered underany resultant task oc the Contractor shall assure that an independent review and verification of all numerical computations and mathematical equations and derivations-are performed by qualified Contractor personnel other than the original author (s) of the reports'.
If the Contractor propores to verify / check less than 100 percent of all:. computations and mathematical equations and derivations in the report (s), (such as might be the case when there are a large number of. routine, repetitive ' calculations.) the Contractor must first obtain written approval from the NRC Project Officer.
Computer-e generated calculations will not require verification where the computer program has al. ready been verified.
In addition, for all reports, including those which do not contain numerical analyses, a management review shall be conducted by the Contractors project management prior to submission to the NRC.
All reports shall be annotated to indicate that the review and verification ~
lias been accomplished prior to their submission to the NRC.
(This
,nay be accomplished by use of a cover
- etter accompanying the report if
-preferable.)
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....ilCLE Ill - Placing and Processing of Orders
( r. ) Orderino Period:_ The government, from time to time, during the period co.T. enc,ing on the date of this agreemcht and ending one.(1) year thereaf ter (hereinaf ter called the " ordering period") cay place orders for services hereunder.
Each order placed under this agreement shall be issued and processed in the manner hereir.af ter provided.
By mutual agreement of the parties, the ordering period of the BOA may be extended one.(1) additional year.
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(b) Authorized Orderino Activities:_ Contracting officers of the ilRC 6
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 BOA.
(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)
Un' priced 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 Orders:_ Priced orders are hereby defined as orders 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 following:
(1)
The contract number, 'the task number, and the appropriate reference to this Basit: Ordering Agieement.
(2) t;itation of the negotiation authority pursuant to which the order is negotiated.
(3) Applicable appropriation and accounting data and special,
invoicing instructions where applicable.
(4)
For unpriced 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 establishment of contract prices.)
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(5) fcf Priced Orcers:
Agreed to, total orderiprice and period of performance and/or delivery dates.
1 (G)
Such other terms and conditions as may be pertinent to the particular tas.ks thereby order,ed.,
(e)
Authority to Proceed:_
e (1)
Unpriced Orders:
Upon receipt of any unpriced order hereunder, the Contractor shall proceed with the work subject to the limitations of paragraph (j) of this section.
However, the Contractor shall not proceed in the following circumstances:
(a) incomplete or Inadeauntely 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 crrors and other obvious errors.
(b)
Orders Which Contain a Monetary Limitation Uhich is Unreasonably Deficient When Related to the Dollar Value of the Services to be Furnished Thereunder:
When tne monetary 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, _
the Contractor shall not proceed with any task that does not set forth price and delivery provisions agreed to by the 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:
1 (1)
Pithin thirty (30) days after receipt of each Unpriced Order hereunder, or within such period as the Contracting Officer may specify, the Contractor shall submit a proposal containing the proposed price for the effort, period of performance or delivery dates, an'd such other information as is pertinent to the task..
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Uhen the total of the costs or prices proposed for the unprice'd the Contractor shall, unless othenvise (2) l order exceeds $100,000.00, specified by the Government, furnish the Contracting Officer with a cost breakdown of the total order price on the current edition Additional of Optional Form 60 (Contract Pricing Froposal). cost i
i Orders priced by the to the Contracting Officer upon request.shall be returned to the Contracting Contractor below $100,000.00.
Officer with such substantiating data as are reasonable requested Such.
l a pricing review and subsequent negotiation.
i to facilitate data may be requested by the Contracting Officer at the time
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of placement of the unpriced order or subsequent to receipt of the Contractor's proposal. -
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'(g)
Processing of Priced Orders by the Contractor:_
(1) Within fifteen (15) days after receipt of each Priced Order hereundet, or within such additional period as the Contracting O l
to the Contracting Officer, acknowledging receipt of the task order and actnowledging that the 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:
a Issue a Supplemental Agreement, for execution by both parties (1) specifying the proposed prices thereby signifying approval of the proposed prices; Terminate the task order in its entirety in accordance with the (2) clause hereof entitled, " Termination for Convenience of the Government."
When (3) Nctify the Contractor of the need for further negotiations.
an agreement on price is reached, the Contracting Officer shall issue j
a Supplemental Agreement definitizing the Unpriced Order into a The agreement shall be executed'by both of the parties.
Priced Order.
In the event of a failure to agree on Disagreement as to Prices:
(i) price, such failure shall be deemed to be a dispute concerning a question of fact in accordance with the clause hereof entitled." Disputes."
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Prior to defis.;tization Limitation of Liability of the Government:
0 oT an Unpriced Order, the Contractor shall be permittee is.;cp uort (j)
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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 order, In the event the Contractor so stops work on any order he shall_
promptly notify the Contracting Officer of such fact which is reasonably required in order to permit the Contractor toThe G proceed further with the order.under any of the provisions of this ag
' limitation, the provisions of the clause of this acreement entitled, " Termination for Convenience of the Gove~rnment," 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 IV - 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 an shall be negotiated in accordance with the provision Article V - 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 VI
- 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.
Article VII - PRICING OF ADJUSTHENTS Uhen costs are a factor in any determination of a contra:t 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 Reo_ulations as in effect on the date of the order.
Article VIII - 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 i
coi. tract type.
Articie, IX - MODIFICATION OF BASIC ORDERING AGREEMENT l
The agreement may be modified at any time by nutual agreement of the parties.
ArtiEle X - CONDITIONS FOR MAINTAINING AGREEMENT 1
This agreement shall be reviewed from time to time to assure conformance with all requirements of law and pertinent regulations and shall be revised, i
if necessary, to conform thereto.
Any modification or revision shall be evidenced by a Supplemental Agreement modifying this Basic Ordering Agreement -
or by the issuance of a superseding Basic Ordering Agreement.
m This agreement may be terminated upon thirty (30) days written notice by either party to the other, except that the Government may immediately terminate this agreement'at anf time after the partiet fail to agree to any deletion, addition, or modification to this agreeceat which is required by statute Executive Order, or the. Federal Procurement Reaulation.
No l
deletion, addition, or modification to or termination of this agreement i
shall affect any orders theretofore entered into between the parties in which this agreement has been incorporated, by reference.
Article XI - AUTHORIZED REPRESENTATIVE l
The Contracting Officer may designate an authorized representative under each task order for the purpose of assuring that services required under i
the agreement are ordered and delivered in accordance therewith.
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representative as may be appointed will be specifically designated in writing to the Contractor from the Contracting Officer, including the extent of sucly designee's authority.
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l ARTICLE XII - RESPONSIBILITIES OF THE PROJECT OFFICER l
The Project Officer is responsible for:
(1) Monitoring the Contractor's technical progress, including the surveillance and assessment. of performance and recommending to the Contracting Officer changes in requirements; (2) l interpreting the Statement of Work; (3) performing technical evaluation l
as required; (4) performing technical inspections and acceptances required i
by this contract; and (5) assisting the Contractor in the resolution of l
technical problems encountered during performance.
Within the purview of this authority, the representative is authorized to approve payrent 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.
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 performance or contract delivery schedule; (4) not constitute a basis for any increase in the contract price'.
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If the Contractor receives guidance from the Project Officer which the Contractor feels is not valid under the criteria cited above, the Contractor shall imediately notify the Project Officer.
If the two are not able to resolve the question within 5 days, the Contractor cha11 notify the Contracting Officer.
ARTICLE XI'II - TECHNICAL DIRECTION A.
The NRC Project Officer nemed in 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 authorizdd eto ma,e 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 Performance.
Technical dii ection must be within the general scope of work stated B.
The Project Officer does not have the authority in the contract.
to and may not' issue any technical direction which:
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Constiiutes e'n assignment.of_ additional work outside the general 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 fe'e, 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
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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 change to the contract within one or more of the categories as defined in (1) through (4) of paragraph B above, he/she must direct such request to the
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Contracting Officer.
The Contracting Officer will handle the request in accordance wiht applicable laws and regulations.
E.
Any unauthorized comnitment or direction issued by the Project Officer may result in an unnecessary 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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ARTICLE XIV ORDER OF PRECEDENCE In the event of an inconsistency between the terms and conditions of this contract, the. inconsistency shall be resolved by giving precedence in the following order :
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1.
THE SCHEDULE 2.
The General Provisions bthertermsandconditionsofthecontract,whetherincorporatedby 3.
reference or otherwise.
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