ML20126G583
| ML20126G583 | |
| Person / Time | |
|---|---|
| Issue date: | 02/24/1981 |
| From: | Mattia M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Evan Jones CONVERSE CONSULTANTS EAST (FORMERLY CONVERSE, WARD |
| Shared Package | |
| ML20126G574 | List: |
| References | |
| CON-NRC-02-80-033, CON-NRC-02-80-033-0, CON-NRC-2-80-33 NUDOCS 8103270069 | |
| Download: ML20126G583 (12) | |
Text
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. e Oy,r %o,g UN!TED STATES NUCLEAR REGULATORY COMMISSION j'g$w"c
- ; of 'pE WASHINGTON, D. C. 20555
- 60? , I g, v f , ,.c j
- FEB 2 41981
\ ,-
P Converse Ward Davis. Dixon, Inc.
4055 South Spencer I Suite 120
?
las Vegas, Nevada 89109 ATTN: Ellis J. Jones Gentlemen:
4
Subject:
Basic Ordering Agreement NRC-02-80-033-07 This is to advise that, based upon a comprehensive review of your proposal submitted in response to Request for Proposals (RFP) RS-MMS 033 (NMS-80-033) entitled " Licensing Assistance /Geotechnical and Hydrological Evaluations," your firm has been selected for award of a Basic Ordering ,
Agreement (30A).
Enclosed for your review and signature is the subject 80A. You are requested to sign and return %A7 copies to this office at your earliest convenience. The fifth copy is for your files.
i As indicated.in the RFP, Part I, Section 8, competition among the 80A contractors will be solicited for iadividual Task Orders. Award of Task Orders may be made on the basis of price alone; on the basis of delivery schedule; or on the basis of other factors determined by the individual-task requirements.
If you have any questions pertaining to the provisions of the agreement, please contact Mrs. Joyce A. Fields, of my staff who can be reached at (301) 427-4480. ;
Sincerely, ;
bCI. ct l P
Mary Jo Mattia, Acting Chief
- Technica1 ' Assistance Contracts Branch Division of Contracts ,
Office of Administration ?
6 8103 270 OGe i '
EONTENTS OF SASIC ORDERING AGREEMENT This Basic Ordering Agreement consists of:
- 1. Execution Page (Standard Form 26)
- 2. Contents of Basic Ordering Agreement
- 3. Special Provisions Article I Description of Agr~ cement Article II. Services. to-be Ordered 3 Article III- Placing and Processing of Orders i Article IV Pricing and Negotiation of Orders Article Y Time of Delivery ,
Article VI Reports I Labor Hour Rates l Article VII Article VIII Pricing of Adjustments l Article IX Contractor Notice Regarding 1. ate Delivery Article X Type of Contract Article XI Modification of Basic Ordering Agreement Article XII Conditions for Maintaining Agreement Article XIII Work for Others 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 ra-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 Contracts with Concerns Other than Educa-tional Institutions General Provisions, fixed Price Technical Assist ance Contract General Provisions, Time and Material or tabor llour Cont ract
- 5. Part 20-1 GENERAL, Subpart 20-1.54 Contractor Organizational Conflicts of Interest N
Article I - CESCRIPTIO.'i 0F AGDEEMENT This Casic Ordering Agreement (BOA), as defined in Federal Procurement _
Reculation 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.
Article II - SERVICES 70 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: . -._.
STATESENTOFWORK 3
e.
The contractor shall perform geotechnical and hydro 1ogical evaiuations of i applicant submittals which pertain to the erbantment design of exist proposed uranium mill'ing projects. <
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each project.
T r each project the contractor shall provide the facilities, materials, and r -sonnel necessary to effect satisfactory completion of the following specific '
t ;Ls:
Task 1 The contractor shall review all applicant submittals which pertain to the embankment design to determine complianc Guide 3.11.
i detailed assessment of site conditions including climate, hydrology, a) geology, and seismology to evaluate their impact on the proposed tailings retention system, b) evaluation of detailed data concerning foundation and embankment materials' physical and mechanical properties such as classification, ,
shear strength consolidation, permeability, compaction, piping and cracking susceptibility,' and wind-water erosion characteristics, in order to assess the adequacy of the impoundment design.
c) evaluation of the applicant's assessments of settlement, seepage, flood storage capacity, and erosion potentiai. -
d) review of the stability analyses prepared by the applicant of the static, pseudo-static, and dynamic (when. dealing with saturated, cohesionless soil) cases, in order to ensure that the requirements of Regulatory Guide 3.11 are met. ,
Task 2 The contractor shall prepare a Safety Evaluation Report
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summarizing the review.
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Task 3 Should the licensing process for any of the projects reviewed -
require adjudicatory hearings, the contractor shall be called upon to provide testimony as to the geotechnical and/or hydro-logical conclusions stated in the Safety Evaluation Report.
Task 4 The contractor shall review post-construction submittals from the applicant to ensure that design parameters were met in the field. Examples of such parameters are: percent compaction, gradation limits, and moisture content of placed fill material. Quality assurance test results, "as built" construction documents, and instrumentation placement details ensure compliance with pre-construction submittals. Post-construction information deemed necessary shall be listed by the contractor as recommended license conditions in an attachment to the Safety Evaluation Report.
W '" -
T F 4 Y
l 3.0 REPORT 1HG REGU1REMENTS 3.1 MD:iTHLY LETTER REPORT for a conthl le tqr rt If an individ.:al Task Order specifies the requiremenf 3) copies of a brieNetter cach month, the contractor shall submit three(1) the work performed report which sum.rarizes:
(2) Personnel Lima cxpenditures during the previous month; and (3)
(i) current period, (ii) cumulative to*(The date,first and (iii) cost conthly reportprojection shall by month to cocpletion of the uork effort. l either provide the initial cost projection and subsequent reports shal ")
The reports shall be due by the 1Sth of each mon .
foliows:
Hr. Peter Garcia, HMSS, Project Officer (1 copy) Program Support) (1 copy Office of the Director, HMSS (ATTN:
Mr. Dennis Dougherty, Contracting Officer (1 copy) i
.2 TASK 2 REPORT The contractor sha13 submit a drait Safety Evaluation Report with the ;
following distribution:
Project Officer, HMSS (3 copies)
Office of the Director, HMSS (ATTN: Program Support) (1 copy)
Mr. Dennis Daugherty, Contracting Officer (1 copy)
This draft report shall be submitted to the Project Officer withindditional 150 days r 90 days af ter project review commencement, depcoding on whether aThe n' formation is necessary (see paragraph 2.0). Such comments are furn1sh cot.=ents on the draft report to the contractor. but to assureitte:
not intended to prejudice the cont.ractor's technicaT judccments, that the draft adequa tely addresses the work.and is ciearly and concisely u
.3 1 *.SC} ::f rORT_ ' !
If a foiiow up review of post-construction submittais isthe contractor shall i iew within necessitatedas aa resuit briefof license conditions:
five (S) copies of 1ctter report su=.v.ari:ing t th s revonstruct ort sha11 be as- ,
thirty (30) days of receipt of the applicant's pos -
roslows:
Mr. Peter Garcia, HnSS, Project Officer (3 copies) Program Su Office of the Director, HMSS (ATTH:
Mr. Dannis Daugherty, Contracting Officer (1 copy) l Task Reoorts.
t the fo .a t HRC ManU31 PP2 shall be in accordance with the provisions as tractor 3?O2 for either " Formal Contrac tor Documents" or " inter,m Lon ;
I Cact=.ents' a s appropria te. J
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Article III _ OLACDis A;;0 ?.r.IS5!',:5 07 ORDERS Orderina Period: - The Gove:n= ant, ircm time to time, (D. year during the (a) period c:r:.encing on the date of this acreement and ending i onc ers thereafter (hereinafter callad the " ordering period"), may p ece o for services hercunder..
issued and processed in the manner hereinalter provided. l Contracting- Diiinrs ci' the Nucleart (b) AuthorizedCc; Regulatory Orderino mission Activities: may place orcers under this Basic Ordering Tne Contracting Dificer has full responsibility for administering h all centractual actions arising from any task orders issued and has t e. i ;
sole responsibility and authority to make any changes to tne provis ons of this Basic Ordering Agreement. ,
Orders placed hereunder will be of two types.
(c) Tyces of Orders:
UnpriceG Grcers and Priced' Orders as defined in subparagraphs (
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(2) below:
Unpriced orders are hereby deilned as orders -
(1) Unoriced Orders:
hereunder for which price and delivery will be proposed by the contractor as provided in paragraph (f) of this Section.
Priced ordars are hereby defined as orders for s ,
Friced Orders:
(2) unica tne parties have agreed upon price, .and a11 other termA Friced Or '
and conditions of the order orior to issuance. <
will be identified as fo11cvs:
to Section _ *
- ents ,s a Friced Order issped pursuant (Centrac:cr .;s=e)
(c) (?) of Easic Ordari::g" *greement and .
offer of (Cate) .
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Each ceder p. laced under this :cr.trc:t :h:11 in:1ude (d) Centent of Order:
the foilcuing:
number, the task number, and the appropriate (1) The contract reference to this Basic Ordering Agree =ent.
(2)
Citation of the necatiaticn authority pursuant to which the order is negotiated.
(3) Applicable Appropriation and Accounting Data and special invoicing instructions where applicable.
A desired period of perfor=ance and/or (4) For Unoriced Orders:
celivery by the order.
cate and a monetary limitation for all the w establishment of contract prices.)
(5) For priced Orders: Agreed to, totaT order price and period of performance and/or delivery dates.
(5) Such other t~erms and conditions as may be pertinent to the particular tasks thereby ordered.
(e) *uthcrity to ?rocsed:
Uncriced Orders: Upon receipt of any unpriced order hereunder, the (1) cohtractor shall proceed with the work subject Mcuever, theto the limitaticas contractor shall not of paragraph (j) of this Section.
proceed in the fo.11owing circumstances:
The (a) Incomolete or Inadecuatelv Oescribed Tasks or :n
. pro.iects:
trac;1ng Dr..,.
- cer con:rac;cr sna i s 1r. ea t e :e sy co==unt ca ce w1:n cne and recuest an appropriate adjustmen; in the order for tasks as appliesor prcject.
shich are incomoiete or inadeoua tely identified, except to typographical errors and other obvious errors.
(b)
Orders Nhich Ccntain a -fonetarv Limita; ion Which is Unreascnably Deficienc When Reiateo to tne- 6cTiar Vaice of tse Serv'icis to
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'Furnishao inereuncer_: h 1s so cefic, tent as to make it impric;icab]e to perform the work t ereunc .
the contractor shall notify the Contracting Officer in advance of submission of the propcsed price ice the effort, the dollar amount of unders tatement in the mcnetary limitation contained in the order.
The Contracting Officer will notify the contractor in writing of the desired action to be taken.
(2) friced Orders:
Upon receipto' f any Priced Griar H hereunder, wever, the the czatract:
contract:r snail procesd with the tasks specified therein. forth price and shall not proceed with any task that does not set In the cvent of receipt delivery provisions agreed to bv the parties.the acreed ucon provisions, the of Friced Orders which do not ~r'ailect to thE ;
)
contracter shall ic ediately com.,enica te such infermations ne Ce C:ntracting Gr ricer.
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the contrac:cr of acticn to be takan'with respect I
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(f) Processino of Unpriced Orders by the Ccntractcr:
Vithin thirty (30) days after receipt of cach Unpriced Order (1) hereunder, or uithin such period as the Contractino Of ficer may con:aining the specify, the Contractor shall submit a proposa) proposed price for the effort, period of pcriormance or delivery dates, and such other information as is pertinent to the :ask.
(2) 'ihen the tota 1 of the costs or prices prcrosed for the unp exceeds 5100,000.00,
.by the Government, furnish the Contracting Office Additicnai ccs: breakscuns and/or Form 60 (Contract Pricing Propcsal-).
substantiating data shall be made avaiiable to the Contra Officer upon request.
shall be returned to the Contracc#ng Officer with such substantiat data as are reasonablySuch requested to be data may facilitate a pricing recuested by the C review and ntractinc subsequent negotiation.
Officer at the tice of placement of tne unoviced order or subsecuen:
to receip'. of the c:ntractor's pecpcsal.
3 (9) Processino of Pric?:5 Orders by the Contractor:
l of sach Priced Ord2r (1) *dithin fifteen (15) days' alter receip: j hereunder, or within such additional carioc as the Contracting of the task orcer to the Concrecting Officar, act.nou of the task order and ackncuTedcing that the tan orace can;ains price and delivery provisicns agreed to by the contractor.
Contracting Officer: An order (h) processino of Unoriced Orders by the for ubicn tne contractor nas suba;itzec propcsse Ortces vill be process ,
by the Ccntracting Officer as follows:
- dithin thirty (30) days or such additicnal period a proposal, the Contracting Of ficer shall either: ~
(1) issue a Suppiecentai Agreement, for executien by both . ar.ics specifying the proposed prices thereby sicaifyino approva1 of the proposed prices; 1
' Terminate the task order"in its entirst~v in acordance with (2) cieuse hareof entitied, "Techina tion for Contenicnce ci the the Gcvernment".
!! hen issue :
( an (3) acreccent on price is reached, the Contrac:ina Citic j definitirino the un: rid.: Ordce into a a supplemental priced order. agraecentThe agriccer;; shall be execut:d oy Ve b par;ies.
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( in the event of a failure to ,
f E111?res22 price. sucn nip,s,,tc Fricerlciiure snaii ce deeced :c be a sinu:e cencerning a entitled l agreement c:estien of fac: in acc:rbnce with the clause ci this
" Disputes".
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(J) of f.imitatica of Liab'fity of the Government: Prior to cefiniti:ation
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en unpr2ceo c.oer, tr.E conc ~sciar Sr.aT1 be permittec to s top uaru on such order at any time it is r easonably estimated: that the cost incurred with respect to such order, plus termination enenses and profit, wil1 exceed the dollar limitation set forthd in the order.
he sha11 ^
.In the event the contractor so stops work on any or er ;
oro:Oilv notify the Contracting Officer of such fact and-aavise the )
Contracting Giiicer of tne amount of 1ncrease in monetary;1 imitation ;
which is reesonabiy required in order to permit the contractor toTne Goveri ~
proceed further with the order.
undar any of the provisions of thir agrcement, inciuding, uithout limitation,- the above provisions of the ciause of this agreement to pay to :
entitled, " Termination for Convenience of the Government", ,
the ccntractor with respect to tasks under an , order, any amount in '
excess of the',r.onetary limitation stated -in the order.
Article 1Y - PRICit.G ANO .':EGOTIATION OF ORCERS d ,
It is agreed that each: proposal submitted and a11 prices negot >
issued under this Basic Ordering Agreement sha11 be submit:ed h Feder21 neootiated in accordance with the provisions of Part 1-XV of t e Procuremanc Reculacian_ as in effect on the date of each ,
Article Y - TIME OF DELIVERY in !
Th'e contractor shall deliver the completed tasks calied for in each ;
accordance uith the delivery schedule set forth in such order. I Article Yi - REPORTS d any ,
All reports required to be submitted to Nucicar Regulatory Cc. missio hall task order issued pursuant to the terms of this Basic Ordaring Agrecme e s generally described in Article li of this agrccment and as specificd k. i In addition to specific raports which may be required under tany ind order issced hereunder, the contractor shall submit a monthiv status repo (not later than the 10th of each month) for this Basic Ordering l the folicwing format: (Example)
Type of Period of S tity _ P r:~ big Task Order Amount Performance _
"t=ber Da te Tvoe Order Contract in 'proces s SS675 2/1/77-7/1/77 1 23 2/1/77 Priced CPFF
$3243 3/4/77-3/3/75 Completed 24 3/4/77 Unpriced * . Fixed .
- If unpriced order issued indicate when order dcT1niti:ed kn
' If any problems list in brief narrative with' correctivc action to be ta e !
I f
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Article vn . LAECR HoyK RATE 5_
In the event eny order issued hereunder is on a Tice and Materiais or Labor-hur basis, the folicwing iabor catecories are to be utili:ed for the period of the Basic Grdering. Agreement:
Houriv Rate tabor CatecaH.
-(i~'ais Easic Crdering Agreement sha11 be codified ic incorporate pro labor catepries anc rates to be used upon agree:ent of same.)
type order is issued in the covars which event that iabor a catecories Time and Materials or Labor-Hour not identified h ll herein, such crders s a have hourly rates negotiated for that specific order only and shall not be binding for any future order issued unless and until such houriy rates are incorporated into this .51 sic Ordering F,reement by codification.
Article VIEI - PRICING 57 ADJUSi' TENT
'n'han costs are a factor in any determination of a contract price adjust =er.:
pursuant to the " Changes
- clause or any other prcvision Recuiaticn es in cifect cn the da te of the order.
Article IX - CONTRACTOR NOTICE REGARDING LATE DELIVERY in the avent the contractor enc:unters difficuity in meecing performance the require = ants, or when he anticipa;es diificui ty in campiying with tesk order deliven schedule or date, he shal1 imedia:ely notify the Contracting Giiicar in writing, giving pertinent detaiis; provided,this hcnever, that.this c~ata shall be infor=ational oniy in character provisica and thatsh inw or ce11very schedule or date or of any richts or remedies provided by
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under tr.is acreement.
Article X - iTPE OF CONTRACT iach irdividua1 task order issued hereunder sha11 specify a particuiar ccntrac zype such as fixed price,1 abor-hour, cost-pius-i1 xe; -iet;or**C' '
.ac5 and shaii reitrence the General Travisicns appiicabie to tn, e sask .
contract type.
Article XI .VODIFICATION OF EASIC ORDERING AGREE 14E?R rne agreement cay be . modified at any time by mutual agreement of the par:ic
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- Article XII - CONDITIONS FOR IMINThlNJNG AGREEMENT This agrcement shall be reviewed .from time to timeto assure confo Any modification or revision shali be evidenced by a :
modifying this Easic Ordering Agreement.
party to the other, except that the Government ma agreement at any time after the parties fati to agree to any deletion, add or codification to this agreement which is required No deletion, by statute, Executive addition, or Ceder, or the Federai Procurement Regulation. ,
modification to or termination of this agreement'shal) affe _
incorporated, by reference. .;
Article XIII - WORK FOR OTHERS_
Uotuithstanding any other provision of the Basic Ordering Agreement, during the tas2 of any task order issued thereunder, the Contractnr agrees to torego entering into consulting or other contracturi arrangements wit or organization, coni 1ict of interest with respect to the sock beino performed under the tr.sk order. The contractor shall insure that all employees sho are employed If the full time under any task order abide by the provision of this clause.to itself or an contractor believes wi n res ect consuitant or other con ractual arrancement with any firm or organi:a involve a possible cenilict of interest, approva1 of the Contracting Gificer prior to execution of such contractuai ,
a rrsng e:.ent. .
Article XIY - AUTHORIZED RE. RE5ENTATIVE_
The Ccntracting Ciiicer may desicnate an authori ed representative h under each reement >
task order for the purpcsa of assurino that services recuired under t e agEuch rep are ordered and delivered in accordance therewith.
be appointed will be specifically designated in writino to 'the contractor from the Contr5c ing Cificer, incTuding the extent of such designee's authority.
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Article XV GEriEPJL PE0 VISIONS The following General Provisions, attached hereto, fois a. part of this agreement:
-APPEfiDIX A - General Trovisions, Cost Type Contracts with Concerns Other Than Educational Institutions
-APPEi! DIX B - General Provisions, Fixed Price Technical- Assistance .
Contract APPEtiDIX C - General Provisions, Time and Material'or Labor Hour Contract r
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Article XVI:
private Use and Protection of Unclassified Government In
- a. Except as specifically authorized by this contract,- or as othanvise approved by the Contracting furnished byDificer, the Ccmission records or other to the contractor informa i thin tion documents and materia) i the performance of this contract shaliThe' be contractor used onlyshall, in connect upon on w the work performed under this contract. transmit to the Con:nission completion or termination of this contract,all records or other i !
performance of this contract. *
- b. Tne ccntractor shall be respcasible for saiccua l to T'
public discicsure by the Commissions
- recuiaticns and made ava the contractor in connection with performance of 'uork underdirection this contra c' contractor agrees to coniom to all regulations, requirements and the Comission with respect to such material. l
- c. Tne or aficct contractor's in any way theduties contractor's under oblication this c3ause to conicmshall toified not bc ali secur i ,
I reculations and requirements of the ccmission pertaining to class insormation and material. ,
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