ML20126H641
| ML20126H641 | |
| Person / Time | |
|---|---|
| Issue date: | 04/03/1981 |
| From: | Mattia M, Miller R NRC OFFICE OF ADMINISTRATION (ADM), SHANNON & WILSON, INC. |
| To: | |
| Shared Package | |
| ML20126H639 | List: |
| References | |
| CON-NRC-02-80-033, CON-NRC-02-80-033-0, CON-NRC-02-80-033-06, CON-NRC-2-80-33, CON-NRC-2-80-33-6 NUDOCS 8104160666 | |
| Download: ML20126H641 (12) | |
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- uclear Regulatory Commission oN'""
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U.S. Nuclear Regulatory Commission Office of the Controller Washington, DC 20555
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19, 20.
15 C U A rdif f Y UNff UNIT PPICE AAsoVNT 16.
SUPriif S/5tPvicts f' ' *i P. o.,
Basic Ordering Agreement i
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Expiration Date:
One year from effective date of agreement l
" Licensing Assistance /Geotechnical and Hydrological Evaluations" e
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__torit Aucu,47 or coNTR Act 50.00 2i CON *l RACTING UillCER WILL coa PLETE BLOCK 22 OR 2G AS AITIJCABLE Yosor e ***
AWA00 (Contratter is not vrpoired to sign tho's d cs, ment.]
W11ACTDa $ NiGDTIATED ACilllMLHT (csosentier in reque' red to sign 26 22
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L i-Page 2 ul 12 CONTEtiTS OF BASIC ORDERiflG AGREEliEtiT l
This Basic Ordering Agreement consists of:
1.
Cxecution Page (Standard Poimi 26) 2, Contents of Basic Ordering Agree;nent 3.
Special Provisions Article I Description of Agreement Article II Services to be Ordered h
Article III Placing and Processing of Orders Article IV Pricing and fiegotiation of Orders Article V Time of Delivery jr Article VI Reports U
Article VII Labor 11our Rates
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Article VIII Pricing of Adjustments Article IX Contractor flotice Regarding Late Delivery Article X Type of Contract Article XI flodification of Dasic Ordering Agreement Article XII Conditions for liaintaining Agreement Article XIII l'ork for Others Article XIV Authorized Representative Article XV General Provisions Article XVI Private Use and Protection of Unclarsified Government Infonnation F.
4.
General Provisions and any modifications thereto, which shall be re-ferenced in each Task Order issuori hereunder, shall be one of the fol-lowing which are all included herein and made a part hereof:
i General Provisions, Cost Type Contracts with Concerns Other than Educa-tional Institutions General Provisions, Fixed Price Technical Assistance Contract General Provisions, Time and flaterial or l abor flour Cont ract t
5.
Part 20-1 GEtlERAL, Subpart 20-1.54 Contractor Organizational Conflicts of Interest
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i Article I - DESCRIPTION OF AGREE.NENT This Casic Ordering Agreement'(80A), 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 i
Government will place future orders for these services.
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 IIork:
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STATE 0ENTOFWORK i
The contractor shall perform geotechnical and hydrological evaluatfons of applicant submittals which pertain to the embankment design of existing or proposed uranium mill'ing projects. A separate evaluation will be required fo'r
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each project.
for each project the contractor shall provide the facilities, materials, and personnel necessary to effect satisfactory completion of the following specific tasks:
The contractor shall review all applicant submittals which Tash' 1 pertain to the embankment design to determine compliance with Regulatory Guide 3.11.
The review shall include, but not be limited to, the *following:
detailed assessment of site conditions including climate, hydrology, f
a) geology, and seismology to evaluate their impact on the proposed tailings t etention system.
evaluation of detailed data concerning foundation and embankment b) materials' phycical and mechanical properties such as classification, shear strengtl. 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 potential. -
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review of the stability analyses prepared by the applicant of the l
l d) static, pseudo-static, and dynamic (when. dealing with satura ted, cohesionless soil) cases, in order to ensure that the requirements I
f of Regulatory Guide 3.11 are met.
Task 2 The contractor shall prepare a Safety Evaluation Rrport 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.
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Page 5 of 12 3.0 REPORTII G REOUIRENENTS timiTHLY LETTER REPORT lettqr ort 3.1 for a monthi[ a brieNetter cach month, the contractor shall submit three f 3) cop If an indiHd'uliFTask Order specifies the requiremen
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(2) Personnci time expenditures during the previous mo resort uhich summrizes:
- (The first monthly report shall (i) current period, month to co=pletion of the uork effort. cost projection and subsequent reports shal
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The reports sha13 be due by the 15th of each mont Prande the initini follows:
Mr. Peter Garcia, !!! DSS, Project Officer (1 copy) Program Support) (1 copy)
Office of the Director, lll155 (ATTH:
Mr. Dennis Daugherty, Contracting Officer (1 copy)
L2 TASK 2 REPORT The contractor shall submit a draft Safety Evaluation Report with the foliowing distribution:
Project Officer, HMSS (3 copics)
Program Support) (1 copy)
Office of the Director, NMSS (ATTN:
Dennis Daugherty, Contracting Officer (1 copy)
Mr.
or 90 days af ter project revicw commencement, depe ditional The Project Officer ui11 then jurn{'matton is necessary (see paragraph 2.0).]sh co;.nents on nfo Such comments aresure not intended to prejudice the contractor's technical judoements, but to as i ter.
that the drait adequa taiy addresses the work.and is cicariy and concisciy si
.3 1:.SX_4 e:! FORT '
If s follow up review of post-construction submittals isthe contraitor shall subm necessitatedes a result of license conditions, i
ieu uithin five (5) copics of a brief 1ctler report su=vr. sri:ing th s revtructiran sub thirty (30) days of receipt of the applicant's post-c sha11 be a.c a
rorlows:
Mr. Peter Garcia,10:5S, project Officer (3 copics) Program Suppo Office of the Director, HMSS (ATTH:
Dr. Dennis Daugherty, Contracting officer (1 copy)
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Task Recarts-i RC Hanual Appedix t
the format shall be in accordance uith the provisions as sta Contractor 3202 for either " Formal Contractor Docu:nnts" or " Inter
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l' age (> of 12 e
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. Article III DLACING AND PROCESSI!:3 '0F ORDER 5_
The Government, from time to time, durine thehyear period cc:r.eicing onT the date of' this.aareecent and en (a). Orderino Period:
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Each order placed under this agreement shall be for services hereunder.
issued and processed in the manner hereinafter provided.
Contracting Officers ei the. Nuclear (b)
Authorized Orderino Activities:
ReguiaLory'WiiT~ss,on stay p'1acd craers under this Basic Ordering Agree Tne Contracting Officer has full responsibility for administering all contractual. actions arising, from any task orders issued and has the sole responsibility and ae2arity to make any changes to the provisions.
of this. Basic Ordering Agreernent.
L Orders placed hereunder will be.of.two types.
Unpri_Tyces of Orders:ceG Grcers and Priced Orders'as defined in subparag (c)
(2) below:
Unpriced orders' are hereby defined ~as orders hereunder for vhich price and deiivery ui11 be proposed by the Unoriced orders:
'(1) l contractor as provided in paragraph (f).of this Section.
Priced orders are hereby defined as orders for whicn the parties have agreed upon prica,.and a11' other termsA Friced Order Friced Orders: _
k (2) and conditions of the order prior to issuance.
will be identified as fo11cws:
" nis is a Friced Order issped pursuant. to Section; _ _(Contrac:cr : ace)
(c) (2) of Basic Orderir.g Agree.nent and offer of (Cate)-
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( Each order pl. aced under this(contrac9. shall (d)
Content of Order:
the 1onicuing:
number, the task number, and the appropria te The contract (1) reference to this Basic Ordering Agree =ent.
Citation of the negotiation authority pursuant to which the (2) order is negotiated.
Applicable Appropriation and Accounting Data and special (3) invoicing instructions where app 1icable.
A desired period of performance and/or For Unoriced Orders:
delivery cate and a manetary limitation for all the w (4)
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by the order.
establishment of contract prices.)
Agreed to, total order price and period of (5) for Priced Orders:
perfontance and/or delivery dates.
(6)
Such other t'erms and conditions as may be pertinent to the Particulat tasks thereby ordered.
(e) Authority to proceed:
Uncriced orders:
Upon receipt of any unpriced order hereunder, the (1) contractor shall proceed with the work subject to the limitations Hcuever, the contractor shall not of paragraph (j) of this Section.
proceed in the io.llowing circumstances:
The Incomolete or inadecuatelv Described Tasks or Pro.iects:
(a) ~
- w. ecia:ely con.municate witn tne C ntrac:ing Officer con:ractor saaii and reouest an appropriat:.: adjust. ent in the order for tasks or projecti which are incomalete or inadeous tely identified, except as applies
, to typographical errors and other obvious errors.
Orders '.ihich Centain a Monetarv Limitation *.?hich is Unreescnably_
(b) ent ynen Relatea to the Dollar vaiae of tr,e Serv 1ces to oeNn De i t c,.
is so cefic.ient as to make it imprac:icable to perfom the work thereund Turnisheo inereuncer:
the contractor shall notify the Contracting Officer in advanca of the dollar amount of submission of the propcsed price ice the effort, understatestent in the monetary 1 imitation ccntained in the crier.
The Contracting Officer will notify the contractor in writing of the desired action to be taken.
Upon recaipt of any Priced Order hereunder, the contracta 1
(2) f g ed Orders:
However, the contractor shas f proceed with the tasks specified thereir..
forth urice and shall not proceed with any tas*: that does not setIn the event of recei;:t celivery provisions agreed to by the parties.
of priced Orders which do not, reflect the aorced voon provisiens, the
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contractor shall ir=edictely c'ommunicate such infer:2* ion to the l
ane Centractino Officer will prc:.atly r.ctify l
Contracting Or ricer.
to such orcer.
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the centractor of action to be takan with respect l
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(f)
Processino of Unyriced Orders by the Centracter:
L'ithin thirty (30) days after receipt of c ch Unpriced Order (1) hereunder, or uithin such period as the Contractino Officer may specify, the Contractor shall submit, a proposal con:aining the proposed prire for t.he effort, pariod of perior=ance br delivery dates, and such other information as is pertinent to the :ask.
(2) '.' hen the total of the costs or prices proposed for the unpriced exceeds 5100,000.00,
.by the Government, furnish the Contracting Diiicer wit Additicnal cost brazkdowns ar.d/or Form 50 (Contract Pricing Proposal-).
substantiating data shall be m'de available to the Centrac:in Officer upon request.
shall be returned to the Contract'og Officer with such substantiating data as are reasonably requested to faciiitate a pricing revien and Such data =ay be reevested by the Centracting subsequenc negoti*ation.
Dificer at the Lice of placement of tne unoviced L ' der or subsequen:
to receipt of the c:ntractor's prcpcsal.
(9)
Processino of _Pricvi Orders by the Contractor:
Within fifteen (15) days af ter receict of cach Priced Order
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(1) hereunder, or within such additicnal oerice as the Contracting Officer ray allow, the contractor shall sign and return three (3) ccpies of the task orcer to the Ccatracting Officer, actnoviecging receiot of the task ordar and acknowledging that the task orcer contains price and delivery provisicas agreed to by the contractor.
contracting Officer:
An order Fracessina of Unoriced Orders by the (h) for whitn tne contractor has submitrec pre.ccsec crices will be processac by the Centracting Officer as follows:
k'i'hin thirty (30) days or such additicnal period as may be mutually agreed upcn after receipt by the Contracting Ciiscer of tre ccntractor's proposal, the Contracting Of ficer shall either:
for executien by both. arties (1)
Issue a Jupple= ental Agreement, specifying the proposed prices thereby signifyino approvai of the i
proposed prices; Terminate the task orderin its antiretv iri.3ccordance wi'h (2) the clause hereof entitled, "Teriination for' Cons enience cf the Gcvernment".
!! hen (3)
Notify the contractor of the r.eed for further nepeti :icns. issue an agreccent on price is reached, the Contracting Officer shall a supple = ental acreement definithina the un:ricr.t Order into a Tine agric = erit shall be executed ey be:h par'.ies.
priced order.
T In the event of a f:ilure to.yrce (f.
l (1)
Di aorer ent as to Frices:
pr1Ce s'Ic~n351\\ ire snali'~te deemed to be a dis. ut e ccnccraing aagreement e t
c:estion of fact in accord.snce with the clause of this
" Disputes".
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L1=itaticn of Liability of the Governmtnt:
Prior to ceiiniti:a tion.
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~oi en unprTceo c..cer, tnE contractor sia~T1 be permittea to stop work on such order 'at any time it.is rcasonably estimated that the cost
~ incurred ui th respect to-such order, plus 'ternination expenses and profit, will exceed the doliar 3 5mitation' set forth in the order.
A In.the event' the contractor so stops work on any order he sha11_
oro.rotiv notiiv the Contracting Officer of such fact and aavise thw Ccnthcting 603Eer.of tne amount of 1ncrease in monetary 1 imitation
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the contractor ta uhich is reasonbiy required in order to permitThe Governi::ent shall not be oblig proceed further uith the order.
i under any of the provisions'of this agreement, inciuding, uithout 3
limitation, the above provisions of the clause of this &greement entitled, " Termination for ^ Convenience of the Govern =ent",' to pay to the ccntractor uith respect to tasks under an prder, any amount in excess of the monetary limitation stated in the order.
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Article lY - PRICIt!G ARO !!EGOTIATIOlf 0F ORDERS _
t issued tnder this Basic Ordering Agreement sha t
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negotiated in accordance with the provisions of Part 1-XV of the Feder[
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Procurement RecuTation_ as in effect on the date of each suci Article Y.- TDsE OF DELIVERY Th'e contractor shall deliver the completed tasks called for in. each o l
accordanc:s uith the delivery schedule set forth in such order.
Article VI - REPORTS All reports required to be submitted to Nucicar Regula tory Ccanissio ll task order issued pursuant to the terms of this Basic Ordering Agreemen be as generally described fii Article Il of this agreement and as specified in l
t In addition to specific reports which may be required under any indiv l
Task Order.
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l order issced hereunder, the contractor shall submit a monthh status reoor
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(not later than the 10th of each month) for this Basic Ordering Agreeme the following format:
(Exampic) i Period or th *ber Date Tvoe Crder Contract Amount Per f or: nance Status P re_b Type of Task Order 23 2/1/77 Priced CPFF 55676.
2/1/77-7/1/77 in Process l
24 3/4/77 Unpriced-Fixed 53243 3/4/77-3/3/7S Con.pleted
'li unpriced order issued indicate when order deitniti:cd
"' If any problems list in brief narrative with corrective action to be ta r
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Page 10 of.12 Article VII - LABOR 1(00R RATES In the event any order issued hereunder is on a Time and ifateriais or Labor-Hour basis, the io11ouing iabor categories are to be utiii:ed for the period of the Basic Ordering Agrcement:
Houriy Rate Labor Ca teoory_
(Titis Basic Grdering Agreement sha11 be rodified tc incorporate probabi labor categories ano rates to be used upon agreement of same.)
In the event that a Time and 1:atarid!s or Labor-Hour type order is issued which covars labor catecories not identified herein, such orders shall Tave hourly rates negotieted for that specific order only and shall not are incorporated into this. Basic Ordering 4,reement Article VIII - PRICING 4F ADJUSTriENT
'dhen costs are a factor in any determination of a contract price adjustmer.
pursuant to the " Changes" c'lause or any other provisions of this agreement, such costs shall be in accordance with Part I-XY of the Federal Procu Recu3aticn. as in effect on the da te of the order.
Article IX - CONTRACTOR NOTICE REGARDIflG LATE DELIVERY In the event the contractor encounters difficuity in meeting performance reouirements, or when he anticipates difficuity in compiying with the task order delivery schedule or date, he shall int.ediately notify the Contracting Officar in writing, giving pertinent details; provided, however, that tiiis cata shall be informatioral only in character and that this shall not be construed as a waiver by the Government of any 1aw or eclivery schedule or date or of any rights or remedies provided by provision under tr15 Egreement.
Article X - iTFE OF CONTRACT Each individual task order issued hereunder shall specify a particular type such as fixed price, labor-hour, cost-plus-fixed-fee, etc.,
and shall reference the General crovisicas appncable to the task for each ccntrac:
contract type.
Art.icle XI - MODIFICATION OF BASIC ORDERING AGREE:<ENT The agreewent may be modified at any time by mutuai agreement of the parties
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Article XII - COND1T10ll5 F0?, MAINThlNING AGREEMENT _
This agreement shall be reviewed.from time to timeto assure conform pertinent regulations and shall be revised, if necessary, to conform thereto.
Any modification or revision shall be evidenced by a supplemental agreement modifying this Basic Orcering Agreement.
This agreement may be tenainated upon thirty (30) days written notice by eit 7.ediately terminate this party to the other, except that the Governcent may ir:
agreecent at any time after the parties fail to agree to any deletion, addition, or modification to this agreement which is recuired by statute, Executive No deletion, addition, or Order, or the Federal Procurement Reculation.
modification to or termination of this agreement'shall affect any orders theretofore entered int'o between the parties in which this agreement has been incorporated, by reference.
Article XIII - WORK FOR OTHERS_
Notwithstanding any other provision of the Basic Ordering Agreement, during the term of any task order issued thereunder, the Contractor agrees to forego entering into consulting or other contractual arrangements with any finn the result of which may give rise to an actual or apparent conflict of interest with respect to the work being performed under the task or organization, Tne contractor shall insure that all employees who are employed full If the order.
time under any task order abide by the provision of this clause.
contractor believes uita respect to itself or any such employee that any propesed fina or oroani:stion may consultant or other con.ractual arrancement with an~ythe contractor shall obtain the writte involve a possible conflict of interest, approval of the Contracting Officer prior to execution of such contractual a rr s nS tr.ent.
Article XIV - AUTHORIZED RE?REFENTATIVE_
The Ccntracting Officer may designate an authorized representative under each t
t task order for t.he purpose of assuring that services recuired under the agreemen Such reuresentative as may are ordered and delivered in accordance therewith.
be appointed will ce saecifically designated in writino to the contractor from the Contchcting Office'r, including the extent of such designee's authority.
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0 Article XV GENERAL PROVISIONS The following. General Provisions, attached hereto, form a part of this agreement:
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-APPENDIX A - General Provisions, Cost Type Contracts with Concerns Other Than Educational Institutinns
-APPENDIX B - General Provisions, Fixed Price Technical Assistence I
t Contract
-APPENDIX C -- General Provisions, Time and Material or' Labor llour t
Contract u.
Private Use and Protection of Unclassified Government Jnfor
'Article XVI:
approved by the Contracting Officer, records or a.
documents and material furnished by the Commission to the contractor the performance of this contract shall be used only in connection w The contractor shall, upon the work performed under this contract.
transmit to the Con. mission completion or termination of this contract,all records or other 'in performance of this contract.
Tne contractor shall be responsible for safecuardino from unauthorized disclosure any information or other documents and material exemot from b.
public disclosure by the Commissions' regulations e
Ti l
i contractor agrees to conform to all regulations, requirements and direc j
the Comission with respect to such material, I
Tne contractor's duties under this clause shall not be cons i
or affect in any way the contractor's obligation to conferm to all security c.
regulations and requirements of the Corr. mission pertainine to clas information and material.
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