ML20053F083

Contract: Licensing Assistance/Tailings Mgt Program Technical Evaluation, Awarded to Simons,Li & Associates, Inc

ML20053F083
Person / Time
Issue date:	05/27/1982
From:	Mattia M, Simons D NRC OFFICE OF ADMINISTRATION (ADM), SIMULATION ASSOCIATES
To:
Shared Package
ML20053F080	List: ML20053F079 ML20053F083
References
CON-NRC-02-79-031, CON-NRC-02-79-031-0, CON-NRC-02-79-031-06, CON-NRC-2-79-31, CON-NRC-2-79-31-6 NUDOCS 8206100417
Download: ML20053F083 (12)

Text

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UeSe Nuclear Regulatory Commission Cintn iSee Division of Contracts 6,ie.,j

. Washington, DC 20555

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Simons, Li and Associates, Inc.

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L ATTN: Daryl B. Simons, President ]

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82. PAYMENT WILL BE MADE sy CooE{

U.S. Nuclear Regulatory Commission Office of the Controller Washington, DC 20555 O io ust 2* <en i

32. Twis nocustu NT wAs ADvinnsto. x NtoonArtD. PuesuAur TO.

4 I U.s.C. 232 (<R _ l E ACCOUNTING AND APreOFEIAnoN DA1A N/A 13.

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sVPPtits/stavsCt3 Q U A NilTY UNIT UNIT PalCE AMOUNT BASIC ORDERING AGREEMENT Expiration Date: One year from the effective i

date of the Agreement

" LICENSING ASSISTANCE / TAILINGS MANAGEMENT PROGRAM TECHNICAL EVALUATION" B206100417 820527 PDR CONTR NR C-02-79-031 PDR TOTAL AMOUNT of CoNTuCT 50.00 2i.

CONTRACTING OFFICER 1T'lLL cob (PLETE BLOCK 22 OR 26 AS APPLICABLE 26.

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23. Dart sicNt0 D:ryl B. Simons

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Mary Jo Mattia I 4[

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Page 2 of 12 CONTENT 5 0F BASIC ORDERING AGREEP.ENT

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This Basic Ordering Agreement consists of:

1.

Execution Page (Standard Form 26) 2.

Contents of Basic Ordering Agreement 3.

Special Provisions Article !

Description of Agreement 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 Labor Hour Rates Article VIII Pricing of Adjustments Article IX Contractor Notice Regarding Late Delivery Article X Type of Contract Article XI Modification of Basic Ordering Agreement Article XII Conditions for Maintaining Agreement Article XIII Work for Others

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Article XIV Authorized Representative Article XV General Provisions Article XVI Private Use and Protection of Unclassified Government Infonnation 4.

General Provisions and any modifications thereto, which shall be re-

.ferenced in each Task Order issued hereunder, shall be one of the fol-lowing which are all included herein and made a part hereof:

General Provisions, Cost Type Research and Development Contracts with Commercial Organizations m

General Provisions, Fixed Price Research and Development Contracts General Provisions, Time and Material or Labor Hour Contracts 5.

Part 20-1 GENERAL, Subpart 20-1.54 Contractor Organizational Conflicts of Interest 6.

EXHIBIT A Outline of Failure Modes to be Considered EXHIBIT B Sample Evaluation Report b

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. Article I - DESCRif.ON OF AGREEMENT This Basic Ordering Agreement (B0A), as defined in Federal procurement Regulation 1-3.410- 3, provides the terms 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 Government will place future orders for these services.

i 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:

STATEMENT OF MORK The contractor shall perform evaluations of tailings management alternatives for existing or proposed uranium milling projects.

A separate evaluation will be required for each project.

For each project the contractor shall supply the necessary facilities, material, services, and personnel to accomplish the following tasks:

Task 1 - The contractor shall review the applicant's evaluation of tailings managenent alternatives, and shall identify any requirements for additional information.

Any requests for additional information shall be made of the applicant by the NMSS Project Officer only.

NRC may propose tailings management alternatives in addition to those proposed by the applicant.

The average number of tailings management alternatives evaluated will be five for

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each project.

The evaluation shall consist of an examination of those

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factors that may affect the long-term stability characteristics of the tailings management alternatives as they relate to four radiation pathways and one nonradiological pathway; radon emanation, dissolved radionuclide release, undissolved radionuclide release, reduction in attenuation of gammaray emission, and dissolved toxic chemical release.

Each alternative shall be evaluated for the failure modes listed in Exhibit A.

For this examination, the term "long term" shall apply to periods up to 100,000 years after reclamation.

Task 2 - The contractor shall document the examination of the long-term stability characteristics of each alternative in an evaluation report.

Exhibit B is a copy of a recent evaluation of a proposed alternative which the contractor maj use as a guide in preparing the evaluation report. Whereas Exhibit B is an evaluation of a single alternative, the contractor shall report on the individual characteristics of several alternatives j

(typiqally five).

Friilure modes different frca those in Exhibit A may need to be d and the conclusions of Exhibit B need not apply to

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Page 4 of 12 the evaluations performed under this contract.

The contractor may propose an alternative method for evaluating and reporting the applicant's proposed alternatives, i.e.. the contractor's proposed method instead of that suggested herein by the NRC.

j Task 3 - The contractor shall respond to public comments or other o

agency (State or Federal) comments on the contractor's evaluations if requested by the HMSS Project Officer. The contractor shall also defend the evaluations in public hearings if requested by the HMSS Project Officer.

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i Page 5 of 12 3.0 Reporting Requirements Monthly Letter Report i

Each month, the contractor shall submi t 3 copies of a brief letter (1) the work performed during the previous report which summarizes:

(2) personnel time expenditures during the previous month; month; and (3) costs:

(i) current period, (ii) cumulative to date, and-(iii) cost projsction by month to completion of the work effort.

(The first monthly report shall provide the initial cost -projection and subsequent reports shall either provide revised projections or indicate "no change in the cost projection.")

The reports shall be due by the 15th of each~ month with distribution as follows:

Project Officer, NMSS (1 copy)

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Office of the director, HMSS (ATTH:

Program Support) (1 cy!

Ms. Mary Jo Mattia, Contracting Officer (1 cy)

Task 2 Report The contractor shall submit a draft evaluation report with the following' distribution:

Project Officer, NMSS (5 copies)

Office of the Director, NMSS ( ATTN:

Program Support) (1 cy)

Contracting Officer (1 cy)

Ms. Mary Jo Mattia, Generally this report will be submitted within three (3) months of the start of the project review; however, some cases may require c' shorter delivery period.

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The Project Officer shall furnish any comments on the draft report to the contractor within one month after receipt of the draft.

' Such comments are not intended to prejudice the contractor's

' technical judgements, but to assure that the report adequately

. addresses the work and is clearly and concisely written.

Within two (2) weeks after receipt of the Project Officer's comments the cor. tractor shall submit a revised report based on these comments in ten (10) copies to:

Project Officer, NMSS (8 copies)

Of fice of the Director, NMSS ( ATTN:

Program Support) (1 cy)

Ms. Mary Jo Mattia, Contracting Officer (1 cy)

In addition the contractor shall provide the Project O f fi,cer with one camera ready copy of each report.

Task Reoorts for task reports. prepared under the provisions of this contract, the format shall be in accordance with the provisions as. stated in t@C i:anual Appendix 3202 for either " Formal Contractor Cocuments" or " Interim Contractor Documents" as appropriate.

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' Article III - PLACING AND PROCESSI!;3 0F ORDER 5_

(a)

Orderino :eriod:

The Government, from time to time, during the perion ccmmencing on the date of this aorcement and ending one()lyear thereafter (herainafter called the " ordering period"), may place orcers for services hereunder.

Each order placed under this agreement shall be issued and processed in the manner hereinafter provided.

c (b) Authorized Orderinc Activities:

Contracting Officers of the Nuclear Regulatory Cc= mission may place orcers under this Basic Ordering Agreement.

The Contracting Officer has -full responsibility for administering all contractual acticns arising from any task orders issued and has the sole resconsibility and authority to make any changes to tne provisions of this Basic Ordering Agreement.

(c)

Tyoes of Orders:

Orders placed hereunder will be of two types.

Unpricec Orcers anc Priced Orders as defined in su' paragraphs (1) and c

(2) below:

(1) Unoriced Orders:

Unpriced orders are hereby defined as orders hereuncer for wnich price and delivery will be pro:csed by the contractor as provided in paragraph (f) of this Sec:icn.

(2)

Priced Orders:

Priced orders are hereby defined as orders for wnicn tne parties have agreed upon price,,and all other terms and conditions of the order prior to issuance.

A ? riced Order will be identified as folicws:

"This is a Priced Or:er issued oursuant to Section (c) (2) of Easic Crdering Agreecent ano (C:n: rat::r : ace) offer of (Cate)

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I Page 7 of 12 (c) Centen cf Order: Each order placed under this :entract shall include

ne foiicaing:

(1) The centract number, the task number, and the _ appropriate reference to this Basic Ordering Agreement.

(2) Citation 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 Unoriced Orders:

A desired period of performance and/or celivery care ano a menetary limitation for all the work covered by the order.

(This monetary limitation shall be deleted upcn the establishment of contract prices.)

(5) For Priced Orders:

Agreed to, total order price and perico performance ana/or delivery dates.

(6) Such other terms and conditiens as may be pertinent to the particular tasks thereby ordered.

(e) utheri:v to proceed:

(1) Un: riced Orders:

Upon receipt of any uncriced order hereunder, the contrac:ce snali proce-ad with the work subject to the limitaticns of :aragra h (j) cf this Section.

Mcwever, the contract:r shall no:

proceed in the fa.llowing circumstances:

(a)

Incom lete or inadecua telv Ces:ribec Tasks or Fro.iscts:

The c:n:rac:Or snaii immeciately c mmunica:e wt:n ne C:ntrac: nc Officer

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and reouest an aopropriate adjustmen; in the order for tasks'or crojec:s, wnicn are inccmolete or inacecuately identified, excep as applies

. to typographical errors and c:her covious errors.

(5)

Orders Which Centain a Monetarv Limitatien '.ihich is Unreasonably Deficien: 'inen Reia:ec :: Ine Ooiiar vaice of tne Services to ce

.urnisnec inereuncer:

Wnen tne menetary accent provicec wita :ne crder is so cetic,1ent as to make it im:racticable t: cerform the work thereunder, the contractor shall notify the Contractinc Officer in advance of submission of the propcsed price fcr Ide effort, the dollar amoun of uncers:stament in the menetary limitation c:n:ained in the or:er.

The Contracting Officer will notify the contrac or in writing of the desired action to be taken.

(2) Priced Orders:

Uoon receipt of any Priced Grdar hereunder, the c:ntra:: r snail p; ocesc with the tasks specified therein.

Mcwever, the contrac::r shall not proceed with any tas% that oces not set forth crice and delivery. provisions agreed to by the parties.

In the event of recei::

of Priced Orders which do no. reflect tne acreed ucon er:visi:ns, the centezc:gr snall icmeciafaly communic 2:n sucn ini:r=a:icn to -he Centrac-ing Of ficer.

The Centractinc Officer will sr:m::lv ne:ifv l

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ne c:n cac::r of ac-ion to be :2kan with respe:: ::

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1 (f) Processino of Unericed Orders by the Centracter:

(1) Within thirty (30) days after receipt of each Unpriced Order hereunder, or within such period as the C:ntracting Officer may~ ~' ~

specify, the~ Contractor shall submit. a precosal ~ con 6f ning the

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proposed price for the effort, period of performance or delivery dates, and such other information as is pertinent to the task.

(2) When the total of the costs or prices proposed for the unoriced or:ar exceeds 5100.000.00, the centractor shall, unless othe.. vise scacified:

.by.the Gcvernment, furnish the Contracting Officer with a cos:

e breakdown of the total ordt.. price on the current editien of Opticnal Form 60 (Contract Pricing Prcposal-).

Additicnal cost breakd:uns cr.d/or substantiating data shall be made available to the Centracting Officer upcn request.

Orders priced by the centracter below 51CO,0CO.C0 shall be returned to tne Contrac 'ng Officer with such substantiating data as are reasonably requested to facilitate a pricing review anc subsequent ner:ti' tion.

Such data may be recuested by the Centracting a

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Officer at tne tice of placement of :ne unoriced order er sucsecuen:

to recei!1r. of the c:n:ractor's pr:ccsal.

(g) piecessinc of Drievi Orders bv the Centrac cr:

(1) Within fiftzen (15) cays ~ af:ar receict of each Friced Order hereunder, or wi:nin such additicnal ceried es the Contracting Officer may alicw, the c:n:ractor shall sign and return three (3) c::tes of tha task or:cr to the C:ntracting Officar, acxnewiedging recei::

of tne task orcar and acknowledcine that the task orcer con:ains' price and ' delivery previsiens agraec to 6y tne contractor.

(h) processinc of Uncriced Orders by the Contracting Officer: An order for wnica,:ne contrac:ce nas su mit:ac propcsec prices will be pr:cessac by ti.e C:n rac:ing Officar as follows:

' ! thin thirty (30) days or such additienal period as may be mutually

,agrwi u: n aft 2r receipt by the Centric:ing Officer of the centrac::r's pr: peal, the Contracting Officer snali eitner:

(1) Issue a Su: ale: ental Agreement, for execution by both par;ies specifying the proposed prices thereby signifying approval of the prcposed prices; r

Terminate the task order"in,its entirety in accordance with (2) tne clause her of entitled, "Termina:icn for Ccnvenience of the Governcant".

(3) Notify the c:ntrac::r of the need 'for further nesc:iaticns.

Chan an agreecent en price is reached, the Centracting Officer shall issue a suoplemental agraf. cant definititing the uncriced order into a priced order.

The agreement.shall be executed by be:n parties.

(i)

Disacree-Ent' as 90 prices:

In the event of a failure to acree cr. ~

Fin, sven 6: 1.i2 scali e deemec :: te a dispu:e c:nceri.ing a

estien of fac in 'accordance witn :ne clause of this agreement entitled

" Dis:ute:".

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(j) "Limitatien of Liebdlite of -: e Govern. e,t:

Prior to cefiniti:ation of an unpricec c.cer, tna c:atract:r siaT1 be permittee to stop work t

on such order at any time it is reasonaoly estimated that the ecst incurred with rescect to such order,-plus termination ex:enses ~and -' ~~

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i profit, will exceed the dollar limitaticn set forth in the order.

~ ' J In the event the contractor so stoos work en any order he shall oremotiv notify the Contractino Officer of sucn fact anc aavise the 3

Contracting Officer of tne amount of increase in menetary limitation which is reasonably recuired in order to permit the contractor to proceed further with the order.

The Government shall not be cblicated under any of the provisions of this agreement, including, without" limitation, the above provisions of the clause of this agreement entitled, " Termination for Convenience of the Government", to pay to the c:ntractor with res:ect to tasks under an order, any amount in excess of the monetary limitation stated in the order.

Article IV - PRICING AND NEGOTIATION OF ORCERS It is agreed that each proposal rubmitted 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 Feders_1 Precurement Reculation as in effect on the date of each such order.

4 Article V - TIME OF DELIVE.4Y Th's contractor shall deliver the completed tasks called for in each order in accordanca with the delivery schedule set forth in such order.

i Article VI - REPORTS f

All reports recuired to be submitted to Nuclear Regulatory Ccmmission under any task order issued pursuant to the terms of this Basic Ordering Agreement snali be as generally described in Article II of this agreement and as specified in each Task Order.

In addition Lo soecific reports which may be required under any indivicual task order issued hereunder, the contractor shall submit a monthiv status recort (not latar than the 10th of each month) for this Basic Ordering Agreement in the folicwing format:

(Example)

Task Order Type of Period of Number Cate Tvce Order Contract Amount Performance S ta tus P-:blems 23 2/1/77 Priced CPFF 55676 2/1/77-7/1/77 in Process 24 3/4/77 Unpriced-Fixed 53243 3/4/77-3/3/75 Ccmoisteo

.f unoriced order issued indicate when order definiti:ed

== If any problems list in brief narracive with corrective action to be :aken A

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Page 10 of 12 Article VII - LASCR HOUR RATES

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In the event any order issued. hereunder.is on a Time and Materials or Labor-Hour basis, the following 1, abor categories are to be utilized

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for the pericd of the Basic Ordering. Agreement:

Labor Cateoory Hourly Rate (This Basic Orde~ ring Agreemant shall be modified tc incorporate probable labor categories ano rates to be used upon agreement of same.)

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'In the event that a Tim'e and Materia'Is or Labor-Hour type order is issued which covers labcr categories not identified herein, such crders shall have hourly ra:es negotiated for that specific order only and shall not be binding for any future crder issued unless and until such hourly rates 4

1, are incorporated into this. Basic Ordering A,reement by codification.

t Article VIII - PRICING 0F A0JUSTMENT J

'4 hen costs are a factor in any determination of a contract price adjustmer.:

l pursuan: tc tne " Changes" clause or any other provisiens of this agreement, such costs snail be in accordance with Part I-XV of the Federal Procurecer.:

Reculatten as in effect cn the date of the order.

Article IX - CONTRACTOR NOTICE REGARDING LATE DELIVERY I

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i In the avent.the contractor enc:unterssdifficuity in mes:ing performance reouirements; oc when he anticicates difficulty in comolying witn the c

task order delivery scnecule or date, he shall immedia:aiy no:ify tne 3

Contracting Officer in writing, giving pertinent details; provided, however, 4

that this ca:a shall be informational only in character and that this r

provision shall not be c:nstrued as a waiver by the 3cvernment of any delivery schedule or date or of any rights cr remedies proviced by law or 4

'under tnis acreement.

i Article X - TY E OF CONTRACT

-ach individual l$sk order issued hereunder shall scecify a carticular contrac: type such as fixed price, labor-hour, cost-plu:-fixe 6-fee, etc.,

and snall reference the Ganeral Frovisions apolicable to the task for each centract type.

Article XI - MODIFICATION OF EASIC GROERING AGREE.4ENT '

The agreement may be modified at any time by mutual agreemen: of the parties.

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A,rticle XII - CONDITIONS FOR MAINTAINING AGREEMENT This agreement shall be reviewed from time to time to assure conformance with all requirements of law and pertinent reculations and shall be revised, if necessary, to conform thereto.

Any modification or revision shall be evidenced by a supplemental agreement modifying this Basic Ordering Agreement.

This agreement may be terminated upon thirty (30) days written notico by either.

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party to the other, except that the Government may immediately terminate this agreement at any time after the parties fail to agree to any deletion, addition, or mooification to this agreement which is recuired by statute, Executive Order, or the Feceral Procurement Reculation.

No deletion, addition, or modification to or termination of this agreement shall affect any orders

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theretofore entered into between the parties in which this agreement has been incorporated, by reference.

Article XIII~- WORK FOR OTHERS Notwlthstanding any other provision of the Basic Ordering Agreement, during the term of any task order issued thereunder, the Contractor agrees to forego en,tering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to an actual or apoarent conflict of interest with respect to the work being performed under the task order.

The contractor shall insure that all emoloyees who are employed full time under any task order abide by the provision of this clause.

If the contrac cr believes with respect to itself or any such employee ~ that any proposed censultant' oF other centractual arrangement with any firm or organization may 4

involve a possible conflict of interest, the contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement. -

Article XIV - AUTHOR!IED RE?RESENTATIVE l

The Ccntracting Officer.may designate an authori:ed representative under each task orcer for the ourpose of assuring that services recuired under the agreement are ordered and delivered in accordance therewitn.

Such reoresentative as may be accoin ad will be specifically designated in writing to the contractor from the Contracting Officer, including the extent of such designee's authority.

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Article XV - GENERAL PROVISIONS The following General Provisions, attached hareto, form a part of g

this agreement:

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- APPENDIX A - General Provisions, Cost Type Research and Development Contracts 1

with Commercial Organizations

- APPENDIX B - General Provisions, Fixed Price Research and Development Contracts

- APPENDIX C - General Provisions, Time and Material or Labor Hour Contracts (Please note Attachment I of these General Provisions which incorporates the changes and alterations made to clauses and applicable to a Time-Material type contract.)

Article XVI

- Private Use and Protection of Unclassified Government Information (a)

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

The contractor shall, upon completion or termination of this contract, transmit to the Commission all records or other information, documents and material, and any copies,thereof, furnished by the Commission to the contractor in the -performance of this contract.

(b) The ce tractor shall be responsible for safeguarding from unauthirized disclosure any information or other documents and materia? exempt from public disclosure by the Commission's regulations and made available to the contractor in connection with the performance of the work under this contract.

The contractor agrees to conform to all regulations, requirements, and direction of the Comnission with respect to such material.

(c) The contractor's dutiot 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.

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