ML20059C989
| ML20059C989 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 09/16/1993 |
| From: | Mace M, Stafford E AFFILIATION NOT ASSIGNED, NRC OFFICE OF ADMINISTRATION (ADM), SMALL BUSINESS ADMINISTRATION |
| To: | |
| References | |
| CON-FIN-W-6084, CON-NRC-04-93-072, CON-NRC-4-93-72 NUDOCS 9311020090 | |
| Download: ML20059C989 (30) | |
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THIS CONTRACT IS A RATED CRDER U'JDER i: PAS 15 CFR 350) t RATING 2.
CONTRACT NO.,, % 9 9 i, (
( t %e 3. EFFECTIVE EATE 4.
REQUISIT' ION / PROJECT NO.
RES-93-072 NRC-04-93-072 007 1
.;a3 w
5.
ISSUED BY Cace:
ACMINISTERED BY Ccce:
If cther than Item 5)
U.S.
Nuclear Regulator Za= e s u.;
J.S.
';uclear Regulatory Ccmmission Div. of Contracts & Property amt.
'<ai. S tcp :
P-902 Zontract Neg. Branch No. 2 Contract Admin. No. 2 Washington, D.
C.
20555 Wa s n:.ngton,
D.
C.
20555
~ '. NAME AND ADDRESS OF J NTRACT:R a.
CELIVERY 22.IME CONTRACTOR:
POB ORIGIN U.S. Small Susiness Adninistraa on
.C OTHER (See ~celow)
Wasnington District Office. Mail Coae 0353 f
ZISCCUNT FOR PRCMPT PAYMENT 1110 Vermont Ave., NW, P.O. Box 34500 Wasninaton. DC 20043 4500 N/A LaCONTRACTOR:
Universal Systeas & Technology, Inc 1000 Wiison B1vd.
Arlington, VA 22209
- 10. SUBMIT INVOICES (4 ccples unless otnerwise specified) TO THE ADDRESS SHOWN IN ITEM: 6
'.1. SHIP TO/ MARK FOR CCCE
- 12. PAYMENT WILL BE MADE BY CODE U.S. w cl nr Regulatory Conmission U.S.
Nuclear Regulatory Cc= mission Office of Nuclear Regulatory Research Civ. of Accounting & Finance GOV /CCM Attn:
George Mencinsky: MS-NLS 139 Washington, D.
C.
20S55 Washington, D. C.
20555
- 13. AUTHORITY FOR USING CTHER THAN FULL'AND OPEN COMPETITION
[ ] 10 U.S.C.
2304(c ( )
[ X' 41 U.S.C. 253(c) [S j
g/ /j p g
- 14. ACCOUNTING AND APPROPRIATION DATA
/
B&R No.: 36019402200 FIN No..
W6084 APPN NO. :31X0200.360 CELIGATED AMT.
$14,879.08 15A. ITEM 15B. SUPPLIES /
15C.;UANTITY 15D. UNIT 15E. UNIT 15F. AMOUNT NO.
SERVICES PRICE The U.S. Nuclear Regulatory Commission hereby accepts Universal Systems and Technology, Inc.'s proposal dated 6/25/93 to perform the services specified hereunder entitled, " Technical Analysis for Evaluation of the Rancho Seco Decommissioning Cost Estimate".
To better characterize the services required, the terminology "tecnnical support" is hereby deleted whereever it appears hereunder and is substituted with " technical analysis". This is a cost plus fixed fee type contract in the amount of $14,879.08.
EXCEPTICN TO STA'IDARD FORM EF ;
R E'.
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Prescribec by GSA FAR(48 CFR) 53.214(a) 0
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- 7.
[X] CONTRACTOR' S.EGCT!ATED AGREEMENT (Contractor is requ' red to sign this document and return 4 cap: es to issuing office.) Contractor agrees to furnish and deliver all items cr perform all the services set forth cr otherwise identified above and on any continuation sheets for the consideration stated herein.
The rights and cbligations of the parties to
- his contract shall be subject to and governed by the following documents: (a)
- his award /centract,
,b; the solic tat cn, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein (Attachments are listed herein.)
-3.
[ ] AWiiRD (ContracOr 's not requ'. rec to sign this document. ) Your offer on Solicitation Number including the additions or changes made by you which additions or cnanges are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitat.cn and your offer, and (b) this award / contract. No further contractual document is necessary.
19A. NAME AND TITLE OF SIGNER l 20A. NAME OF CONTRACTING OFFICER (Type or print)
See Signature Pace 1
See Signature Page i
19B. NAME OF CONTRACT ^E
' 20B. UNITED STATES OF AMERICA by by (Signature of cerson au;nor; ed Ic s; n)
(Sicnature at Contract ng Officer)
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!!RC !!o, NRC-04-93-072 SB Nour.g3_4j a yg-TRIPARTITE AGREEMENT Signature Page PRIME CONTRACTOR:
e US Small Business Administration
.,_P l o_199,2 at 7
By:
/V/. /,I[O Date:
t Name:
-0
Title:
Ji~ <.
...7 SUBCONTRACTOR:
-/
Universal S' stern & T nology,J nc.
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D Date:
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By-T L
e blL 19 3 ~I/tFFc<tb Name:
Title:
EG51he~NT PROCURING 0FFICE:
US Nuclear Regulatory /Commissio6 t
By:
/ ll // l $
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Date: '
~ bY0
- tta/
ry H. Mace Name:
Title:
Contractina Officer f
?
v NRC-04-93-072 d
Administrative Changes The following administrative changes are hereby made:
1.
Section B.3.(a) is hereby completed by inserting the full performance amount of "$14,879.06" and by inserting the estimated reimbursable amount
"$13,813.96" and by inserting the fixed fee amount of "$1,065.12".
2.
Section B.3.(c) is hereby completed by inserting the obligated amount of-
"$14,879.08" and by inserting the sum of "$13,813.96" which represents the estimated reimbursable costs and by inserting the amount of "$1,065.12" which represents the fixed fee amount.
3.
Section B.3.(d) is hereby completed by inserting " expiration".
4 Section F.4 is hereby completed as follows:
(a) U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research George Mencinsky. Project Officer Mail Stop: -NLS-139 Washington, D. C.
20555 (b) U.S. Nuclear Regulatory Commission Division of Contracts and Property Management Attn: Contracting Officer Mail Stop:
P-902 Washington, D. C.
20555 5.
Section F.5 is hereby revised to read as follows:
"This contract shall commence on the effective date and shall expire four months thereafter".
6.
Section G.1 is hereby completed as follows:
Name:
George Mencinsky Address:
U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Mail Stop: NLS-139 Washington, D. C.
20555 Telephone:
301-492-3735
9 NRC-04-93-072 Page 2 7.
Section G.3 is hereby deleted entirely and substituted herewith:
l "NRCAR 2052.216-71 INDIRECT COST RATES (a)
Pending the establishment of final indirect rates which must be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable costs as follows:
Overhead Rate at 92% based against Total Direct Labor of the Administrative Assistant only.
General & Administrative Rate at 34% based against Total Direct Labor of the Administrative Assistant only.
Material & Handling Rate is 10.47% based against Total Direct Labor of the Project Manager and the Project Engineer.
(b) The contracting officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any revisions proposed by the contractor.
It is the contractor's responsibility to notify the contracting officer in accordance with FAR 52.232-20, Limitation of Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if these changes affect performance of work within the established cost or funding limitations."
8.
Section G.5 PROVISIONAL DIRECT LABOR RATES is hereby incorporated into this contract as follows:
The hourly labor rates set forth below are provisional, contingent the completion of the audit currently underway by the Defense Contract Audit Agency (DCAA).
Wayne Britz
$70.00 (per hour)
Kenneth Sieving
$100.00 (per hour)
Jennie Baumbaugh
$14.00 (per hour)
The above hourly rates shall be adjusted in accordance with the forthcoming DCAA recommended rates.
9.
Section H.2 is hereby completed by inserting the following:
Wayne Britz Kenneth Sieving All other terms and conditions remain unchanged.
4
7-TABLE OF CONTENTS PAGE SOLICITATION, OFFER AND AWARD PART I - THE SCHEDULE.
4 SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS.
4 B.1 PROJECT TITLE.
4 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) 4 B.3 CONSIDERATION-AND OBLIGATION--COST PLUS FIXED FEE.
4 i
(JUN 1988) ALTERNATE I (JUN 1991) j SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT.
5 C2
!R AR 02 1
TRAVELEPPRbVkLS (JAN 1993)
SECTION D - PACKAGING AND MARKING.
7I D.1 PACKAGING AND MARKING (MAR 1987) 7 3
.SECTION E - INSPECTION AND ACCEPTANCE.
8 E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 8 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987).
-8 i
SECTION F - DELIVERIES OR PERFORMANCE.
9 F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 9 F.2 NRCAR 2052.212-70 PREPARATION OF TECHNICAL 9.
[
REPORTS (JAN 1993) i F.3 NRCAR 2052.212-71' TECHNICAL PROGRESS REPORT..
9-F.4 PLACE OF DELIVERY--REPORTS (JUN 1988).
10 F.5 DURATION OF CONTRACT PERIOD (MAR 1987) 10 F.6 ADDITIONAL REPORTING REQUIREMENTS.
10 F.7 PERIOD OF PERFORMANCE.
10 F.8 MEETINGS AND TRAVEL.
11-SECTION G - CONTRACT ADMINISTRATION DATA.
12 G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY.
12 (JAN 1993)
G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT.
14
- ALTERNATE 1 (JAN 1993)
G.3 NRCAR 2052.216-72 INDIRECT COST RATES.
15
.l
- ALTERNATE 1 (JAN 1993) i G.4 REMITTANCE ADDRESS (MAR 1987).
15 SECTION H - SPECIAL CONTRACT REQUIREMENTS.
16 H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL.
16 CONFLICTS OF INTEREST (JAN 1993)
H.2 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993) 20 H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED.
21 l
(JUN 1988) j PART II - CONTRACT CLAUSES 22 SECTION I - CONTRACT CLAUSES 22 1.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 22 I.2 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS 24 (FEB 1990)
- u. --
.w.
RFP-RES-93-072 Section B i
PART I - THE SCHEDULE SECTION B - SUPPLIES OR' SERVICES AND PRICES / COSTS B.1 PROJECT TITLE The title of this project is as follows:
Technical Support for Evaluation of the Rancho Seco Decommissioning Cost Estimate
[End of Clause]
5 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
To provide a detailed analysis to the NRC of cost prc]ections provided in the Sacremento Municipal Utility District (SMUD) decommissioning plan of the Rancho Seco nuclear power plant.
i
[End of Clause]
B.3 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE (JUN 1988) ALTERNATE I (JUN 1991)
(a) The total estimated cost to the Government for full' performance of this contract is of which the sum of.
represents the estimated reimbursable costs, and of represents the fixed fee.
wnich (b) There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the-actual cost for performance of that work.
(c) The amount currently obligated by the Government with respect to this contract is of which the sum of represents the estimated reimbursable costs, and of which represents the fixed fee.
(d) It is estimated that the amount currently allotted will cover performance through
[End of Clause]
- To be incorporated into any resultant contract j
i Page 4 of 47
.v RFP-RES-93-072 Section C SECTION C - DESCRIPTION / SPECIFICATIONS /WORI STATEMENT C.1 STATEMENT OF WORK BACKGROUND i
A number of power reactor licensees have decided to prematurely shutdown their reactors and have provided submittals of preliminary decommissioning cost estimates and program plans-for NRC review.
In order to approve the program plans, the NRC needs to analyze certain licensee decommissioning cost estimate breakdowns.
In certain instances the decommissioning cost estimates exceed the current norm required to provide adequate funding for this activity.
The NRC would like_to examine in detail certain licensee decommissioning cost estimates to determine why there continues to be significant cost variations from our minimum funding requirements as required under 10 CFR 50.75.
t As a result, we are requesting the contractor to provide technical support to analyze licensee decommissioning cost estimates.for a specific facility by segregating activities and costs that are directly attributed to decommissioning under the regulatory requirements.
OBJECTIVE The objective of this project is to provide the NRC with technical support in reviewing licensee submittals related to nuclear facility decommissioning.
It is expected that based on the results of this work, the information that will be developed will allow the NRC staff to evaluate the acceptability of the licensee's cost estimates for decommissioning.
WORK TO BE PERFORMED 4
The contractor shall perform a detailed analysis of the cost projections provided in the Sacramento Municipal Utility District (SMUD) decommissioning plan of the Rancho Seco nuclear power plant.
The decommissioning plan was submitted to the NRC to identify the preferred mode of decommissioning for the Rancho Seco nuclear power plant.
The contractor shall review the SMUD submittal of its decommissioning plan and shall identify the decommissioning activities in the decommissioning plan to allow the release of the site for unrestricted use in accordance with current decommissioning regulations.
The contractor shall identify and tabulate the associated costs for these activities from the Page 5 of 47
~.
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,u-
- t-RFP-RES a3-072 Section C
'l C.1
-(Continued)
. decommissioning plan.
The contractor shall also identify activities and. osts in the decommissioning plan that are not required by the current decommissioning _ regulations and explain why they are outside_the scope of the decommissioning regulations._
The costs associated with legitimate aecommissioning activities shall be compared against the regulatory minimum funding J
requirements of 10 CFR 50.75. The contractor shall identify and j
discuss with the Project Officer, areas of divergence.
The-analysis shall be prepared in a similar manner to the cost comparison study that was performed in NUREG/CR-0672, Addendum 4.
J
[End.of Clause)
C.2 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 1993) i (a) All domestic travel requires the prior approval of the project i
officer.
l (b) All foreign travel must be approved in advance by the NRC on NRC Form 445 and must be in compliance with FAR 52.247-63 Preference for U.S.
Flag Air Carriers.
Foreign travel
]
approval must be communicated in writing through the i
contracting officer.
[End of Clause]
i 1
> age 6 of 47
=.
' t-RFP-RES43-072 Section D i
SECTION D - PACKAGING AND M KING 0.1 2AC~AGI:iG AND 1ARKI:iG ( GR 19 87 )
The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination.
Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other
)
carriers as applicable to the mode of transportation.
On the front of the package, the Contractor shall clearly. identify the contract number under which the product is being provided.
[End of Clause) j l
4 i
I i
i s
Page 7 of 47
RFP-RES43-072 Section E SECTION E - INSPECTION AND ACCEPTANCE j
E.1 52.252-2 CLAUSES INCORPORATED SY REFERENCE (JUN 1988)
]
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in fullftext.
Upon request, the Contracting Officer will make their full text 1
I available.
I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES j
4 l
NUMBER TITLE DATE-52.246-5 INSPECTION OF SERVICES APR 1984
- COST-REIMBURSEMENT
[End of Clause) f E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
Inspection-and acceptance of the. deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.
[End of Clause) i l
1 7
4 i
i I
Page 8 of 47 4
4
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RFP-RES43-072 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference, 3
with the same force and effect as if they were given in full text.
i Upon request, the Contracting Officer will make their full text available.
I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.:12-13 STOP-WORK ORDER AUG 1989 Alternate I (APR 1984)
(End of Clause)
F.2 NRCAR 2052.212-70 PREPARATION OF TECHNICAL REPORTS (JAN 1993)
All technical reports required by Section C and all Technical l
Progress Reports required by Section F are to be prepared in accordance with the attached Management Directive 3.8,
" Unclassified Contractor and Grantee Publications in the NUREG Series."
Management Directive 3.8 is not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract.
(See Section J for List of Attachments).
(End of Clause]
F.3 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT The contractor shall provide a monthly Technical Progress Report to the project officer and the contracting officer.
The report is.
due within 15 calendar days after the end of the report period and must identify the title of the pro]cct, the contract number, Financial Identification Number (FIN), project manager and/or principal investigator, the contract period of performance, and the period covered by the report.
Each report must include the following for each discrete task / task order:
(a) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanation provided; (b) Any problems or delays encountered or anticipated and recommendations for resolution.
If the recommended resolution involves a contract modification, e.g.,
change in work I
Page 9 of 47
,,1 RFP-RES a3-072 Section F F.3 (Continued) requirements, level of effort (cost) er schedule delay, the
-contractor shall submit a separate letter to the contracting officer identifying the required change and estimated cost impact.
(c) A summary-of progress to date; and (d) Plans for the next reporting period.
unds expenced during reporting period.
(e) r F.4 PLACE OF DELIVERY--REPORTS (JUN 1988)
The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
(a) Project Officer (3 copies)
(b) Contracting Officer (1 copy)
[End of Clause)
F.5 DURATION OF CONTRACT PERIOD (MAR 1987)
This contract shall commence on and will expire on
=
[End of Clause)
F.6 ADDITIONAL REPORTING REQUIREMENTS 1.
The contractor shall deliver to the NRC a draft letter report of the.
results of the study.three months after the contract effective date.
2.
The contractor shall deliver to the NRC the final letter report one month after obtaining comments from NRC on the draft for incorporation' into the report.
In any event, the final letter report shall be suomitted no later than 10 calendar aays prior to contract expiration.
(End of Clause)
F.7 PERIOD OF PERFORMANCE This contract shall commence on the effective date and will expire 4 Page 10 of 47
i RFP-P.ES-93-072 Section'F
)
F.7 (Continued)
~
I months thereafter.
(End of Clause)
F.8 MEETINGS AND TRAVEL It is anticipated that one meeting will be held at the NRC with the Project Cfficer to discuss this project.
Any anticipated additional i
travel may be proposed by the contractor and shall be included, with support, in the Cost Proposal.
Such additional travel shall be mutually agreed upon prior to contract execution.
All travel shall-be' 1
in accordance with the provisions set forth herein under the TRAVEL' REIMBURSEMENT clause.
(End of Clause) s
't I
)
.1 i
l Page 11 of 47
.. 1
eg.
RFP-RES-93-072 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY (JAN 1993)
(a)
The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:
Name:
Address:
Telephone Number:
(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:
i I
(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, fills in details, or otherwise serves to accomplish the contractual statement of work.
j (2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work description.
(3) Review and, where required by the contract, approval of technical drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.
(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 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 Page 12 of 47 i
i
RFP-RES-93-072 Section G G.1 (Continued) estimated contract cost, the fixed fee, if any, or the time required for contract performance.
(4) Changes any of the expressed terms, conditions, or
.i specifications of the contract.
1 (5) Terminates the contract, settles any claim or dispute-arising under the contract, or issues any unilateral directive whatever.
(d) All technical directions 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.
(f) If, in the opinion of the contractor, any instruction or direction issued 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 the.
i 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 t
modification or advise the contractor in writing that, in the-contracting officer's opinion, the technical direction is within the scope of this article and does not constitute'a change under the " Changes" clause.
(g) Any unauthorized commitment 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 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 there to is subject to FAR 52.233 Disputes.
(i) In addition to providing technical direction as defined in paragraph (b) of the section, the project officer shall:
(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recommend i
i to the contracting officer changes in requirements.
Page 13 of 47 r
-,_m-e
.~
4 RFP-RES-43-072 Section G G.1 (Continued)
(2) Assist the contractor in the resolution of technical problems encountered during performance.
(3) Review all costs requestea 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.
[End of Clause]
- To be incorporated into any resultant contract G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT
- ALTERNATE 1 (JAN 1993)
(a) The contractor is encouraged to use Government contract airlines, AMTRAK rail services, and discount hotel / motel properties in order to reduce the cost of travel under this contract.
The contracting officer shall, upon request, provide each traveler with a letter of identification which is-required in order to participate in this program.
The Federal Travel Directory (FTD) identifies carriers, contract fares, schedules, payment conditions, and hotel / motel properties which offer their services and rates to Government contractor personnel traveling on official business under this contract.
The FTD, which is issued monthly, may be purchased from the u
U.S.
Government Printing Office, Washington, DC 20402.
(b) The contractor will be reimbursed for reasonable travel costs incurred directly and specifically in the performance of this' I
contract.
The cost limitations for travel costs are j
determined in accordance with the specific travel regulations cited in FAR 31.205-46, as are in effect on the;date of the trip.
Travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub.
L.
100-679, shall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded.
Applicable guidance i
i documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Honprofit Organizations; and CMB Circular A-21, Cost Principles for Educational Institutions.
(c) When the Government changes the Federal Travel Regulations, or-other applicable regulations, it is the responsibility of the contractor to notify the contracting officer in accordance Page 14 of 47 w
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RFP-RES-93-072 Section G G.2 (Continued) with the Limitations of Cost clause of this contract-if the contractor will be unable to make all of the approved trips and remain within the cost and fee limitations of this contract due to the changes.
(End of Clause)
G.3 NRCAR 2052.216-72 INDIRECT COST RATES
- ALTERNATE 1 (JAN 1993)
The contractor is reimbursed for allowable indirect-costs in accordance with the following predetermined rates:
(End of Clause)
- To be incorporated into any resultant contract G.4 REMITTANCE ADDRESS (MAR-1987)
If item 15C. of the Standard Form 33 has been checked, enter the remittance address below:
Name:
Address:
[End of Clause) i Page 15 of 47
.+
RFP-RES-93-072 Section H-SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993)
(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned. interests (financial, contractual, organizational, or otherwise) which relate.to the work under this contract; and (2) Does not obtain an unfair competitive advantage over-other parties by virtue of its performance of this contract.
(b) Secoe. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.
(c) Work for others.
l (1) Notwithstanding any other provision of this contract, during the term of this contract the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of whir.n n.ay give rise to a conflict of interest with '
respect to the work being performed under this contract.
The contractor shall ensure that all employees under this contract abide by the provision of this clause.
If the contractor has reason to believe with respect to itself j
or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.
-j (2) The contractor may not represent, assist, or otherwise i
support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities'that are the subject of the audit, inspection or review are the same as or substantially similar to the services within the scope of this contract (or task order'as appropriate), except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.
Page 16 of 47 j
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o RFP-RES-43-072 Section H H.1 (Continued)
(3) When the contractor performs work for the NRC under this contract at any URC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.
(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same i
or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.
(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts j
of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract if termination is in the best. interest of the government.
(3) It is recognized that the scopo of work of a task-order-type contract necessarily encompasses a broad Page 17 of 47
RFP-RES-43-072 Section H H.1 (Continued) spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site.
This disclosure must be made-before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting' officer.
The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity.
NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a j
task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c)(2), (c) (3 ) or (c) (4) of this section.
(e) Access to and use of information.
(1) If in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C.
Section 552a (1988)), or the Freedom of Information Act (5 U.S.C.
Section 552 (1986)), the contractor agrees not to:
1 (i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the Page 18 of 47 I
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RFP-RES-93-072 Section H H.1 (Continued) cublic by the NRC.
(2) In addition, the contractor agrees that, to the extent it receives or is given access to propr etary data, data prctocted by *he Drivacy Act of 1974 ri U.S.C.
Section 552a (1988)), or the Freedom of Information Act (5 U.S.C.
Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed'on use of the information.
(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts.
Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.
(g) Remedies.
For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply " d faith, the Government =ay terminate the contract for default, disqualify th; contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Waiver.
A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.
(1) Follow-on effort.
The contractor shall be ineligible.to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directlyLfrom the contractor's performance of work under'this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or e
services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.
(1) If the contractor, under this contract, prepares a complete or essentially complete statement of work or Page 19 of 47
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- =
=
RFP-RES03-072 Section H H.1 (Continued) specifications, the contractor is not elicible to perform or participate in the initial contractual' effort which is based on the statement of work or specifications.
The contractor may not incorporate its products or. services
.a the statement at..cra er apccifications unless so directed in writing oy tne contracting officer, in wnich case the restrictions in this paragraph do not apply.
(2) Nothing in this paragrapn precludes the contractor trom offering or selling its standara_ commercial items to the Government.
[End or Clause)
H.2 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work hereunder:
The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragrapns (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor 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.
(c) Each request for approval of substitutions must be in writing and contain 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 authorited 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 Page 20 of 47
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RFP-RES a3-072 dection H H.2 (Continued) replacement of key personnel who have been reassigned, terminated, or nave otnerwise recome unavailacle for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so aubstantial as to impair the ruccessful 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 any resultant delay, loss, or.
I damage.
(End of Clause)
'To be incorporated into any resultant contract H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)
The Government will not provide any equipment / prope: ty under this contract.
[End of Clause]
H.4 NRCAR 2052.235-70 PUBLICATION OF RESEARCH RESULTS 1
(a) The principal investigator (s)/ contractor shall comply with the provisions of NRC Handbook 3.8 (formerly MC 3202) and NRC Manual Chapter 3206 regarding publication in refereed scientific and engineering journals or dissemination to the public of any information, oral or written, concerning the work performed under this contract. Failure to comply with this clause shall be grounds for termination of this contract.
(b) The principal investigator (s)/ contractor may publish the results of this work in refereed scientific and engineering _ journals or in open literature and present papers at public or association meetings at interim stages of work, in addition to submitting to NRC the final reports and other deliverables required under this contract.
However, such publication and papers shall focus on advances in science and technology and minimize conclusions and/or recommendations j
J which may have regulatory implications.
(c) Prior to any such publication, the contractor shall submit-the proposed publication to the NRC Contracting Officer and Project Officer for review and approval.
(End of Clause)
Page 21 of 47 c
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RFP-RES43-072 Section I PART !! - CCMTRACT CLAUSES CONTRACT CLAUSES SECTION I I.1 52.252-2 CLAUSES INCORPORATED DY REFERENCE (JUN 1988) t This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available.
I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.202-1 DEFINITIONS SEP 1991 52.203-1 OFFICIALS NOT TO BENEFIT APR'1984 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CO!!TINGENT FEES APR 1984 52.203-6 RESTRICTIO!!S ON SUBCONTRACTOR JUL 1985 SALES TO THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES OCT 1988 52.203-10 PRICE OR FEE ADJUSTMENT FOR SEP 1990 ILLEGAL OR IMPROPER ACTIVITY 52.209-6 PROTECTING THE GOVERNMENT'S NOV 1992 INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-1 EXAMINATION OF RECORDS BY FEB 1993 COMPTROLLER GENERAL 52.215-2 AUDIT - NEGOTIATION FEB 1993 52.215-22 PRICE REDUCTION FOR DEFECTIVE JAN 1991 COST OR PRICING DATA 52.215-24 SUBCONTRACTOR COST OR DEC 1991 PRICING DATA 52.215-27 TERMINATION OF DEFINED BENEFIT SEP 1989 PENSION PLANS 52.215-33 ORDER OF PRECEDE!!CE JAN 1986 52.215-39 REVERSIO!! OR ADJUSTMENT OF PLANS JUL 1991 FOR POSTRETIREMEllT BENEFITS OTHER THAN PENSIONS (PRB) 52.216-7 ALLOWABLE COST AND PAYMENT JUL 1991 52.216-8 FIXED FEE APR 1984 52.219-8 UTILIZATION OF SMALL BUSINESS FEB 1990 R
CONCERNS AND SMALL DISADVAliTAGED BUSINESS CO!!CERNS 52.219-13 UTILIZATION OF WOME!I-OWNED AUG 1986 SMALL BUSI!1 ESSES l
52.219-14 LIMITATIOt1S ON SUBCONTRACTING JAN 1991 l
Page 22 of 47
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5 RFP-RES a3-072 Section I I.1 (Continued) 1 MUMBER TITLE DATE 52.220-3 UTILIZATION OF LABOR SURPLUS APR 1984 i
AREA CONCERNS
- 2.222-3 CONVICT LABCR APR 1984 52.222-4 CONTRACT WORK HOURS AND MAR 1986 SAFETY STANDARDS ACT - OVERTIME COMPENSATION 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL APR 1984 i
DISABLED AND VIETNAM ERA VETERANS 52.222-36 AFFIRMATIVE ACTION FOR APR 1984 HANDICAPPED WORKERS 52.222-37 EMPLOYMENT REPORTS ON SPECIAL JAN 1988 DISABLED VETERANS AND VETERANS OF THE VIETUAM ERA 52.223-6 DRUG-FREE WORKPLACE JUL 1990 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN MAY 1992 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT APR 1984 52.227-2 NOTICE AND ASSISTANCE REGARDING APR 1984 i
PATENT AND COPYRIGHT INFRINGEMENT 52.228-7 INSURANCE - LIABILITY TO THIRD APR 1984 I
PERSONS 52.232-9 LIMITATION ON WITHHOLDING-OF APR 1984 PAYMENTS 52.232-17 INTEREST JAN 1991 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT SEP 1992 52.232-28 ELECTRONIC FUNDS TRANSFER APR 1989 PAYMENT METHODS 52.233-1 DISPUTES DEC 1991 52.233-3 PROTEST AFTER AWARD JUN 1985 Alternato I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-13 BANKRUPTCY APR 1991 52.243-2 CHANGES - COST-REIMBURSEMENT AUG 1987 j
Alternate I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT JUL 1985 AND LETTER CONTRACTS) 52.249-6 TERMINATION-(COST-REIMBURSEMENT)
MAY 1986 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 (End of Clause]
Page 23 of 47
RFP-RES-93-072 Section I I.1 (Continued)
- iL*MBER TITLE DATE I.:
52.019-11 SPECIAL 8(A) CONTRACT CONDITIONS (FEB 1990)
!".e Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions mereor by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as acended (15 U.S.C.
637(a)).
(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.
(c; Except for novation agreements and advance payments, delegates to the U.S. Nuclear Regulatory Commission the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the U.S. Nuclear Regulatory Commission shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.
l (d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the U.S. Nuclear Regulatory Commission.
(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the " Disputes" clause of said subcontract.
i Page 24 of 47
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2 RFP-RES-93-072 Section I (f) To notify the U.S. Nuclear Regulatory Commission Contracting Officer immediately upon notification by the subcontractor 3
that the owner or ownerc upon wnom si,a) eligloii.ity was-basea plan to relinquish ownership or control of the concern.
i End of Clausel 1
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RFP-RES-93-072 Section I i
b
!.2 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS (FEB 1990)
The Small Business Administration'(SBA) agrees to the following:
(a) To furnish the supplies'or services set forth in this contract according to the specifications and the terms-and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small' Business Act, as amended (15 U.S.C. 637(a)).
1 (b) That in'the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.
(c) Except for novation agreements and advance payments, delegates to the U.S.
Nuclear Regulatory Cc=micsion the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the
~
Government under the terms and conditions of the subcontract; provided, however, that the U.S.
Nuclear Regulatory Commission-shall give advance notice to the SBA before it. issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.
(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by-the U.S.
Nuclear Regulatory Commission.
(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting.
Officer cognizable under the " Disputes" clause of said subcontract.
Page 24 of 47 e
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RFP-RES-93-072 Section J PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACIIMENTS SECTION J - LIST UF ATTACILMENTS J.1 ATTACIIMENTS (MAR 1987)
Attachment Number Title 1
Billing Instructions 2
NRC Contractor Organizational Conflicts of Interest 3
NRC Handbook 3.8 a..
Page 26 of 47