ML20056G449
| ML20056G449 | |
| Person / Time | |
|---|---|
| Issue date: | 06/04/1993 |
| From: | Halman E NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Jeffrey Scott KATOR, SCOTT & HELLER |
| References | |
| CON-FIN-L-2305, CON-NRC-18-93-356 NUDOCS 9309030133 | |
| Download: ML20056G449 (7) | |
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- 2. C ON T R ACT (Proc. da 6 deseL A NO.
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NRC-13-93-355 May 18.1993 03C 43-356 LA
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QM l U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission.
' Division of Contracts & Property Managemerit Division of Contracts & Property Management l Washington, DC 20555 Washington, DC 20555 8.DELlVERY F. NAME AND AOOR E55 OF CONT R ACTOR 1/Wo.. strues. cary.commfF. Siele and dif Codr#
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. Kator, Scott & Heller O ros oa'ci" O or sa<>
1275 K Street, N.U., Suite 950
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,1 Av oEN1 i Wahington, DC 20005-4006 N/A Principal Investigator / Technical.
Contact:
Joseph B. Scott to. SUBMIT INVOICES fiEM
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- Telephone No.: (202) 898-4800 wier specernds TO THE F ACILITY CODE
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J.S. Nuclear Regulatory Comission Sa Project Officer Authority clause
)iv. of Accounting & Finance, GOV /COM Section Jashinoton, DC 20555 T3. AUTHORsTV FOR uisNG OTHE A TMAN FULL AND OPEN COMPET4
- 14. ACCOUNTING AND APPROPR4 AT #ON DATA T'o"'
B&R No.: 370-19-604-0C0 APPRC.!!o. : 31X3200.270 JUb Code: L-2305 OBL. Av.T. :
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15A. ITEM NO.l 158. SL*PPLIES/ SERVICES 15C. QUANTITY 150. UNIT l 15E. UNIT PRICE I 15F. AMOUNT Letter Co ltract for legal defense services in connection with a penc ing complaint and pot:ntial acministrative and judicial proceedings concerning. an alleged prohibined personnel practice. Letter Contract to be def initized on or before July 7,1993, 9309030133 930604 PDR CONTR NRC-18-93-356 PDR_
- 16. TABLE OF CONTENTS VIlSEC.l DESCRIPTION lPAGEISI V) l$EC. l OESCRIPTION lPAGE(S)
PART 93 -CONTRACT CLAUSE 5 PART t -THE SCHEDULE A
SOLICITATION / CONTRACT FORM l 1 l CONTRACT CLAUSES l
B SUPPLIES OR SERVICES AND PRICEStCU5T5 PART :: -List OP OOCuMENTS.ExMissT5 AND OTHER ATTACH.
C OESCRIPTION/ SPECS./ WORK STATEMENT lJ l LIST OF ATTACHMENTS l
PART tv - REPRESENTATIONS AND INST RUCTION5 M
PACKAGING AND MARKING E
INSPECTION AND ACCEPTANCE K
REPRESENTATIONS. CERTIFICATIONS ANO OTHER STATEMENTS OF OFFERORS F
OELivERIES oR PERFORMANCE G
CONTRACT ADM8NISTRATION DATA l
L INSTRS.,CONDS., AND NOTICES TO OF FERORS EVALUATION FACTORS FOR AWARD J
H SPECIAL CONTRACT REQUIREMENTS l
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CONTRACTING OFFICER DVill COMPLETEITEM 17 OR 18 AS APflICAslE I S.
AWARD Roatruesec es met seemaped se.am th. dormement.s Your 17.
CONTRACTOR'S 8eEGOTIATED AGREEMENT (Centrerrer as re.
mised to age afts, deems.ent and seresrn rops.s so assadas office.#
of for on Set 6titation pourneer for egner ese n ess.00 nd a ny O tenus e se 5 80 1 1 Ort en full. Dove, e y
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l 19C.DATE SsGNED 20R.uMITEO ST ATES OF AMERsCA 20C.DATE SIGNED 198. feAME OF CONT RACT OR SEE ATTACHED LETTER CONTRACT p,.
SE.E ATTACHED LETTER CONTRACT gy __
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UNITED STATES
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WASHINGTON, D. C. 20S55
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June 4, 1993 Joseph B. Scott, Esq.
Kator, Scott & Heller Suite 950 1275 K Street, N.W.
Washington, DC 20005-4006
Dear Mr. Scott:
Subject:
Letter Contract No. NRC-18-93-356, Entitled " Legal Support for the U.S. Nuclear Regulatory Commission" Pending negotiations of formal Contract No. NRC-18-93-356, and contingent upon your acceptance of the terms and conditions of this Letter Contract, your firm is authorized and directed, effective May 18, 1993, to initiate work in accordance with the enclosed statement of work which is made a part of this Letter Contract.
The amount obligated under this Letter Contract is $22,500.
It is estimated that this amount will cover performance through July 7,1993.
EXECUTION AND COMMENCEMENT OF WORX (FAR 52.216-23) (APR 1984)
The Contractor shall indicate acceptance of the letter contract by signing three copies of the contract and returning them to the Contracting Officer not later than June 11, 1993. Upon acceptance by both parties, the Contractor shall proceed with performance of the work, including purchase of necessary materials.
(End of Clause)
LIMITATION OF GOVERNMENT LIABILITY (FAR 52.216-24) (APR 1984)
(a)
In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding $22,500.
(b) The maximum amount for which the Government shall be liable if this contract is terminated is $22,500.
(End of Clause)
CONTRACT DEFINITIZATION (FAR 52.216-25) (APR 1984)
(a) A time and materials definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the tems of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of
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definitive con' tract, and (3) any other mutually agreeable clauses, terms and l
conditions. The Contractor agrees to submit a time and materials proposal and cost er pricing data supporting its proposal.
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(b) The schedule for definitizing this contract is:
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(1) The Contractor's price proposal was received on May 28, 1993.
(2) Negotiations will start on or about June 11, 1993.
(3) The target date for definitization of this contract is July 7, 1993.
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l (c)
If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) above, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.8 and Part l
31 of the FAR, subject to Contractor appeal as provided in the Disputes clause.
In any event, the Contractor shall proceed with completion of the l
contract, subject only to the Limitation of Government Liability clause.
l (1) After the contracting Officer's determination of price or fee, the contract shall be governed by -
j (i)
All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c) l (ii)
All clauses required by law as of the date of the Contracting Officer's determination; and (iii) Any other clauses, terms and conditions mutually agreed (2) To the extent consistent with subparagraph (c)(1) above, all clauses, terms, and conditions included in this letter contract shall continue I
l in effect,'except those that by their nature apply only to a letter contract.
(End of Clause) r 4
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If you have any questions regarding this Letter Contract, please call me on 1
(301) 492-4347.
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Division of Contracts an Property Management Office of Administration l
Enclosure:
As stated r
ACCEPTED:
By:
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Title:
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L 2C-18-93-355 i
Description / Specification / Work Statement STATEMENT OF WORK BACKGROUND The - NRC has an urgent requirement for legal defense services, including. legal advice, counseling, and representation of the agency. in connection with a pending complaint and potential administrative and judicial proceedings concerning an alleged prohibited : personnel practice. The legalL defense required under this contract shall be before the Merit Systems Protection Board in
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connection'with Docket Number DC1221930437-W-1, dated May 4, 1993.
Due to the nature of the c.omplaint_and-the NRC parties involved, j
outside legal representation is necessary.
-Use of a commercial firm for this work is nece.=sary due to the agency's inability to obtain such services from orner Federal agencies.
Competent legal representation _in this matter-is essential to assure the integrity of the agency's management prerogative and its. personnel system.
The legal service to be performed are of substantial importance to l
the NRC.-
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OBJECTIVE The objective of. this procurement is.to obtain legal advice,
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counseling and representation in connection with the aforementioned complaint.and associated proceedings.
L SCOPE OF WORK The contractor shall prepare and present a legal defense for the agency in connectton with Docket Number DC1221930437-W-1, dated May 4,
1993.
The scope under this contract shall include such legal advice,. counseling, and. representation as may be required to present a competent defense on behalf of the agency.
' GENERAL
' The NRC agrees to cooperate with the Contractor providing the
-Centractor, through the Project Officer, with such documents, records' and access to personnel as. the Contractor may require.
Requests for -such materials or access shall be directed to the I
Project Officer.
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. NRC-18-93-355 NRCAR 2052.216-74 KEY PERSONNEL (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work hereunder:
l Joseph B. Scott, Esq.
l Richard Salzman, Esq.
l The Contractor agrees that personnel may not be removed from the contract work l
or replaced without compliance with paragraphs (b) and (c) hereof.
l (b) If one or more of the key per:;onnel, for whatever reason, becomes, or is l
expected to become, unavailable for work under this contract for a continuous l
period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, l
the centractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
l (c) Each request for approval of substitutions must be in writing and contain I
a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer or his/her authorized representative shall evaluate the request and promptly notify the contractor of his or her approval or disapproval in writing.
(d)
If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate.
If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for ar.y resultant delay, loss, or damage.
l (End of Clause) l NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY (JAN 1993) l (a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:
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. NRC-18-93-356 Name:
John F. Cordes, Jr.
Address:
U.S. Nuclear Regulatory Commission Office of the General Counsel l
Mail Stop 15 B-18 Washington, DC 20555
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Telephone Number:
(301) 504-1600 (b)
Performance of the work under this contract is subject to the technical direction of the NRC project officer. The term technical direction is defined to include the following:
(1) Technical direction to the contractor which shifts work emphasis l
between areas of work or tasks, fills in details, or otherwise serves to j
accomplish the contractual statement of work.
(2) Provide advice and guidance to the contractor in the preparation of
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j drawings, specifications, or technical portions of the work description.
(3)
Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.
t (c) Technical direction must be within the general statement of work stated in the contract. The project officer does not have the authority to and may not issue any technical direction which:
(1) Constitutes an assignment of work outside the general scope of the i
contract.
(2) Constitutes a change as defined in the " Changes" clause of this contract.
(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 i
performance.
(4) Changes any of the expressed terms, conditions, or specifications of the contract.
(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.
(d) All technical direction must be issued in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer.
(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the project officer in the manner prescribed by this clause and within the project officer's authority under the provisions of this clause
l NRC-18-93-356 l
l (f)
If, in the opinion of the contractor, any instruction or direction issued l
by the project officer is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article l
and does not constitute a change under the " Changes" clause.
(g) Any unauthorized commitment or direction issued by the project officer l
may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.
(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto is subject to 52.233 Disputes.
(i)
In addition to providing technical direction as defined in paragraph (b) of this section, the project officer shall:
(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recommend to the contracting officer changes in requirements.
(2) Assist the contractor in the resolution of technical problems encountered during performance.
(3)
Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
(EndofClause) l i
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