ML20126M780
| ML20126M780 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 05/22/1981 |
| From: | Halman E NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE APPLICATIONS INTERNATIONAL CORP. (FORMERLY |
| To: | |
| Shared Package | |
| ML20126M779 | List: |
| References | |
| CON-FIN-B-7342-1, CON-NRC-02-81-064, CON-NRC-2-81-64 NUDOCS 8106220073 | |
| Download: ML20126M780 (17) | |
Text
.
Cuntrac t No.
NEGOTIATED CONTRACT U.S. Nuclear Regulatory Commission NRC-02-81-064 PAGE I cr N E G O TI A T E O Pa n sy.H T TO TYPC O F CONTRACT Cost Plus Fixed Fee em 41 U.S.C. 252(c)(10) r ;
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U.S. Nuclear Regulatory Commission
- 1) Price Order /_/
Division of Contracts 23 Unpriced Crder g;(
'/ashington, DC 20555 A C C o u ~ T i ~ c. ~ O. P
.Q,. m n o,, O. T.
EO YaA Toa m e..,a w,..o Science Applications, Inc.
1710 Goodridge Drive FIN B&R P.O. Box 1303 McLean, VA 22102 B-7342-1 50-19-01-01 y..
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PL AC E O F P E R F O AM A N C E
- 1) Monetary ulmitation /X / 525,000.00 Contractor's Facility and Nuc1 ear Power Plant Facility 2 )'
Contract.6. cunt / /
SPCNSOR W AIL Y O V C M C *t S T O U.S. Nuclear Regulatory Cormis51on Of fice 'of the Controller CFFECTivCOATC L APg A A TION DATE
,lashington, DC 20o00 Seven (7) months frcr May 22, 1981 effective date of or:
The centract is issued cursuant to the terms and conditions of Basic Orderin; Agreement Ce ntrac t 'lo.
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The Contrae: r agrees to furnish and deliver all the supplies and perform all th:
services sc: forth in this contract, fer the considera:ica stated herein. The en: ire be:.ecen the parties, ;;vernin; their respective ri; hts and cbli;ations Nre-contra::
und:r :ensis:s of -
(a) This c:ntra :, includin; this cover p:;c and :ny addi '._c.a provisicas attached hereto, and (b) Basic Orderin; Agreemen: Contrac:.%.nKC-02-30-035 and Amendment No. 1 there:.
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Page 2 TABLE OF CONTENTS This Contract Consists of:
1.
Cover Page 2.
Table of Contents 3.
Sc hedul e Article I - Statement of Work Article II - Consideration Article III - Period of Performance Article IV - Key Personnel Article V - Project Officer Article VI - Conflict of Interest Article VII - General Provisions / Alterations 4,
Attachments:
Appendix A - General Provisions (Rev. 11/80)
Appendix B - Billing Instructions for Cost-Type Contracts f
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Page 3 ARTICLE I - STATEMENT OF' WORK FOR ENVIRONMENTAL ASSESSMENT OF LOW LEVEL WASTE STORAGE AT PENMSYLVANIA POWER AND LIGHT COMPANY -
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SUSQUEHANNA STEAM ELECTRIC STATION 1.0
.Saclground_
PPSL' prepared Environmental Impact Statements in support of their applications to construct and operate the nuclear pcuer plant units at Serwick, Pennsylvania.
The Statements covered the collection, treatment and storage of low-level waste associated with the operation of the reactors.
PP&L new plans to store icw level waste on site, an activity not originally contemplated and.not associated with the operation of the reactors.
This activif.y is essentially an additional step in the fuel cycle.
2.0 1lork Required '
The contractor shall gather data, analyr:e the data, and perform an environmantal assesn. ant based on'the analysis, considera tion of sita and surrounding characteristics, and the appi-icant's Environmantal Assessment.
This. assessment shall be tiered en previous Environmantal Impact Statsants for the Susquahanna Steam Electric Station and shall include the following topics to the extent that they are not redundant.
1.
Description of the Site Environment a.
Site Location b.
Dem: graphy c.
Land'use d.
Geology l
e.
Hydrology (Gr0andwater and Surface Water}
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f.
Meteorology and Climatology g.
Background F,adiological Characteristics h.
Ecology (Terrestrial and Aquatic Biota) 1 2
The Facility
.a.
External Appearance l
b.
Surm,ary of Oparations Processes
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3.
Waste Confinemant and Effluent Control a4 Gaseous Effluents b
Liquid Effluents' s
Solid Wastes (Including packaging inturity verification) l' c.
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Page 4 Envirsn: ental Impacts of Facility Operations 4.
- a'.
-Radiological.
b.
- 5. ~ Description of Environmental and Occupational Maasurem3nt and
-lbnitoring Programs a.
Radiological b.
flon-radiological 6.
' impact of' Accidents a.
Radiological Accidents b.
tion-radiological Accidents Evaluation of Potential Environmental and Occupational Impact j
c.
l of Accidents.
J.
Sumary and Conclusion of Environmental Impacts of Construction
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and Operation In sddition, the contractor shall provide a discussion of reasonable j
alternatives available for reducing or. avoiding adverse environmental effects and alternative uses of rescurces.
The discussicn of alterna-tives will include the environmental impacts of each in proportion to its significance and balancing environmental, economic and technical j
l' costs and benefits of the proposed action and each alternative considered.
l 3.0 Additional Paterials to be Furnished by tiRC Final Environmental Impact Statements - Susquehanna Steam Electric Station PPSL Licensing Submittal - LLW Storage Facility 4.0' Schedule The period of performance shall c3mmence on the effective date of this order l
l and shall end seven (7) months thereafter.
l 5.0 Travel Af ter initial review of !!RC-furnished materials, the centractor shall visit the Susquehanna Steam Electric Station to acquire site specific data and additional information necessary to perform the environmental It is expected that several contractor personnel impact assessment.
will be ' required to spend a few days each at the site on two separate At times to be designated by the tiRC' Project Officer, the occasions.
centractor will meet with the fiRC in Silver Spring, MD to discuss the.
Approximately problems, progress and technical aspects,of the assessment.thr l
Page 5 6.0 Reports Report requirements shall be as specified in the Basic Ordering Agreement, NRC-02-80-035.
7.0 Level'of Effort Task:
Environmental Assessment of Lcu-Level Waste Storage at Susquehanna Steam Electric Station It is estimated that the level of effort to be expended by the contractor shall not exceed s;ven msn-months of effort of labor to accomplish all work required under this task.
ARTICLE II - CONSIDERATION A.
This'is an unpriced order.
The monetary limitation established for this order is $25,000.00.
B.
In accordance with Provisions III (E)(1) of the Basic Ordering Agreement, the Contractor is hereby authori:ed to commence work on the contract subject to the limitations contained in the Basic Ordering Agreement.
ARTICLE III - PERIOD OF PERFORMANCE The period of performance shall commence on the effective cate of this order and shall end seven (7) months thereafter.
ARTICLE IV - KEY PERSONNEL Pursuant to this ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of the work hereunder and shall not be replaced without the prior approval of the Contracting Officer.
In such event, the Contractor agrees to substitute persons possessing substantially equal abilities and qualifications satisfactory to the Contracting Officer.
Program Director - R. W. Starostecki Pri.Tipal Investigator - RESERVED e
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o ARTICLE V.
PROJECT OFFICER
' Peter Loysen is hereby designated as the. Contracting Officer's Authorized Representative (hereinafter called-the Project'0fficer) for. technical
' aspects of this contract The Project Officer is not authorized to approve -
or request any action.which results.in or could result in an increase in
. contract cost;- or terminate, settle any claim or dispute arising under
-the contract; or issue any unilateral directive whatever.
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.The Project '0fficer is responsible.for:- (1)~ monitoring the contractor's technical
- progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2)' interpreting the scope of work; (3) performing' technical evaluation 'as required;. (4) p(erforming technica inspections and acceptances required'by this contract; and 5) assisting the contractor in the resolution of technical problems encountered during performance.
Within the purview of this authority, the Project N icer is authorized to review
-all costs requested.for reimbursement by contractors and submit recommendations for' approval, disapproval,' or suspension for supplies,. services required under the: contract.. The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited'in tha contract.
i For guidance from the Project Officer to the contractor to be valid, it must:
(1) be consistent with tne description of work set forth in the contract; (2) not constitute new assignment of-work or change to the expressed ~ terms, conditions or specifications incorporated into this. contract; (3) not constitute a basis for an extension to the period of performance:or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
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Page 7 ARTICLE VI
- CONFLICT OF INTEREST (a) Purpose.
The primary purpose of this article is to aid in ensuring that the contractor:
(1) is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relates 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) Sccpe.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR 620-1.5402(f) in the activities covered by this article.
(c) Work for others.
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 which may give rise to a conflict of interest with respect to the work being performed under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this article.
If the contractor believes with respect to itself or any such 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 Officar prior to execution of such contractual arrangement.
(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 of interest, as defined in 41 CFR 920-i.5402(a).
(2)
The contractor agrees that if after awarc it discovers organiza-tional conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer.
This statement shall 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 for convenience if it deems such termina-tior. to be in the best inte:*ests of the government.
(e) Access to and use of information.
(1)
If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data prctected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been l-t
Page 8 released to the public, the contractor agrees not to:
(i)use such information for any private purpose until the information has been released to the public; (ii) compete.for work for the Commission based on such information for a period of six (6) months after either the completion of.this contract or the release of such information to the public, whichever is first.
(iii) submit an unsolicited proposal.to the government based n such information until one year after the release of such infor-mation to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the flRC.
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L. '93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3) The contractor shall have, subject to patent and security provi-sions of this contract, the right to use technical data it produces under this contract for private-purposes provided that all require-ments of this contract have been met.
(f) Subcontracts.
Except as provided in 41 CFR %20-1.5402(h), the conttSr. tor shall include this article, including this paragraph, in subcontracts of asj tier.
The terms " contract," " contractor," and " Contracting Officer,"
snail be appropriately modified to preserve the government's rights.
(g) Remedies. For breach of any of the above proscriptions or for intentional'nendisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and l
pursue other remedies as may be permitted by law or this contract.
(h) Waiver. A request for waiver under this clause shall be directed in writing througn the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 920-1.5411.
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MI ::.C VII
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1 This contract is subject to tne attacheo provis,w.p C<.Researcn and Develop
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Cu..' arcial Omr.i:s tions." dated 11/80.
Frovisions'Added:
Labor Surplus Area Subcontracting Program (1-1.605-3(b))
3.12 Tne Contractor agrees to establish and conduct a program which will encourage labor surplus area cencarns to ccm;ete for subcentracts wit (a)
In this connection, the Centractor shall--
capabilities.
Designate a liaison officer who will (i) maintain liaison with duiy authorized representatives of the Governmsnt on labor surpius area m
.(1)
(ii) supervise compliance with the Utilization of Concerns in Labor Surplu Areas clause, ard (iii) administer the Contractor's " Labor Surplus Area Su contracting program;"
provide a'dequate and timely c:nsideration of the potentialities (2) of labor surplus area concerns in all "make-or-buy" decisiens; Assure that labor surplus area c:ncerns will have an equitable opportunity to compete for subcontracts, particularly by arranging sol (3) time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of labor surplus area concerns; Maintain recorns shewing the procedures which have been adopted to c:mply with the policies set forth in this clause and recort subcontract (4) p.ecceds regarding use of Optienal Form 51).
awards (sse 41 CFR 1-16.33-5 h
maintained pursuant to this clause will be kept available for review by t e Government un;il the expiration of 1 yiar af:er the snard 'of' this contract, or for such icnger period as may be required ay any otner clau:e of this c:n:ract or by applicable law or regulati:ns; and Include the Utilization of Concerns in Labor surplus Areas clause in subcontracts which offer substantial labor surplus area subc:ntracting (5) opportunities.
The tenn " labor surplus arsa" means a geographical area ident by the Depart.. ant of Labor as an area of c:ncentrated unemployment o (b)
(1) employment or an area of labor surpins.
The tenn " concern located in a labor surplus area" maans a labo (2) surpius area concern.
The term " labor surplus area c:ncern" means a concern that, in labor t
together with its first-tier sube:ntractors, will perform substantially (3) surplus areas.
(4)
- The term "parform substantially in labor surplus areas" ceant that the costs incurred cn account of manufacturing, production, or appropr i
l services in labor surplus areas exceed 50 percent of the centra:t price.
The Contractor further agrees to insert, in any subc:n:ract hereunc and wr.ica c:r.:ains the Utilirtti:n of ::=arns in (c)
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later Suralus A-eas clausa, pr: visions..hi:h shall ::ni;rm sa:!*I.:ially *:
'thich may axceed 5500,000
'*y thE Coa ~":::ing
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language of tnii Clause, i c1G;t.,th.3 );.~03r2ph (:), ari:
f "ificer cf tr.e na.es of sucn tu:dr.tra:1.or:..
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licy of the United States Governr..ent that v: ter,-c.ar,ec the maximam practicable opportunity to por t'c.;.ct; ir, the ta)
- t it th: ;
b :f.::::: Pril beva performance of contracts av,arded by any.~e:.arai apr.:y, The Contr6ctor cgr:es to use his best efforts to carry ost this i h the PMicy in thc award of subcontracts to the fullest extent consistent (b) efficient performance of this contract.
d by a woman ora,ed 'vusinas," ccncern rears a business that is at least 51% ovene"Contr
- 3ns or women who also control and operate it.
Operate".in this context exercising the power to make policy decisions.
Women" mean all means being actively involved in the day-to-day management.
womu business owners.
Woman-Own'ed Business Concerns Subcontracting Program (O for Construction of Any Public Facility) 3.14
$1,000,000 The Contractor agrees to establish and.cenduct a program t
t rs enable women-owned business concerns to be considered. fairly as (a)
In this connection, the contractor shall:
and suppliers under this, contract.
Designate a liaison officer who will administar the Contracto (1)
" Women-Owned Busine s Concerns Program."
s Provide adequate and timely consideration (2)
Develop a list of qualif ted bidders that are women-owned bu itable and assure that known women-cwned business concerns have an (3) i opportunity to compete for subcontracts, particularly by mak information on forthcoming cpportunities available, by arrangi i
solicitations, time for the preparatico of bids, of women-owned business concerns.
Maintain records showing (i) procedures which have been a to compy with the policies set forth in this clause, including (4)
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s; the establishment of a source list of wome i fic and non-minority women-owned business concerns; and (iii) s i
efforts to identify and award contracts to women-owned bus nes concerns.
Include the " Utilization of Women-Owned B (5) d Cooperate in any studies and surveys of the Contractor's business concerns procedures and practices that the Contrac (6)
Of ficer may from tim:-tc-time conduct, r
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' fr. : tp:ra;-aph (7) concerns witn respect' to int rm di,reimed t:
-(4) at,cve, 'in sv n f;r and muir and at :.>:h ti-e (not rore of ten tran %arterly' at the Centracting Officer may orescribe.
(b). The Contractor furtrer agrees to insert, in sny rubcontr?ct hereu in the case of contracts for the constructi:
I which may exceed $ 503,030 or 51,033,033 of any puoiic facility and which offers substantial s this paragraph (b), and to notify the C ntra: ting Offi:er of the nares of s subcontractors.
The contractor further agrees to require written certification by its
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subcontractors that they are bona fide woman-cwned and controlled bu (c) in accordance with the difinition of a women-owne Price Peduction for Defective Cost or Pricing Data (1-3.S14-1(a))
- 5. 8 If any price, including profit or fee, negotiated in connection with thi i
i contract or any cost reimbursable under this contract was increased by any s ficant sums because:
The Contractor furnished cost or pricing data which was not accurate, t
ccmplete and current as certified in the Contractor's Cartificate of Curren (a)
Cost or Pricing Data; A subcontractor, pursuant to the clause of this contract entitled Adjustments" or any subc:ntract clause therain r (b) data..hich was not ac: urate, c:rplete and current as certified in the Car:ificate of Current Cost or Fricing Data; A subcon ra:nr or prospective subcontracnr furnished cost or cricing data..hich was required to be accura:e, c::plete and currant and to be s (c) t accurate, cceplete and current as of the date certified Cartificate of Current Cost or Fricing Data; or The Contractor or a subcontractor or prospective subcontractor i td any data, not within (a), (b) or (c) above, which was not accurate as su (d) dified the price or cost shall be reduced accordingly and the contract shall be m in uriting as may be necessary to refTect such reduction.
in the centract price due to' defective subcontract data of a prosoective s b
- tractor, tractor when the subc:ntract was not subsecuently awarded to such su con ) by w k
will be limited to the a; unt (clus apolicable overhead an b
t :ct, i
t has less than the prospective subcontract cost est na eFer.ided, T prf:f.; data.
Since the c:ntract is subject to reduction under this clause by t in raascn of defeccive cost or pricing data submitted in
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i tely incemnit in eech such subcontract raquiring the subcontractor to a'ppropr a expected that any subc;ntractor subject to such it f ar.nification will generally require substantially similar indemnificat tha' :n.ractor.
It is als:
be submitted by his Icw tier
-evired to da'i:We c:st or cricin-h
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edu:ti.on for Orfe: tin Cest c.r Tricing 0.ti - Trice Edust ents 5.9 Trice r.....
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to any m:dificatka (a) This chuse shall becore c:arative caly with respec:
applicable profits in excess of SiG3,GO unless the basis er adequete orice ccmcetition, established cataloo or arket prices of cc:;.arcial itsms sold in substantial cuantities to the gense.1 ;
set by law or regulation.
to defects in data relating to such c:dification.
If any price, including profit, or fee, necotiated in connection with any price adjust: ent undar this contract was increased by any significant s (b) because:
The Contractor furnished cost or pricina data which was not accurate, complets and current as cartified in the Contractor's Certificate (1) j Current Cost or Pricing.Cata; A subcontractor, pursuant to the clause of this centract entitled
" Subcontractor Cost or Fricing Cata" or " Subcontractor Cost or Pricina D (2)
Adjustments" or any subcontract clause therein required, furnished c data which was not accurate, complete and current as certified in the Certi'ficate of Current Cost or Fricina Data; A subcontractor or prespective subcontractor furnished cost or pricing data.<hich was ree.uired to be accurate, com (3) fied in the C:n-uhich was not accurate, c:melete and currant as of the date carti tractor's Certificate of Current C:st or Fricing Data; or The Contrac::r or a se:: n.ra: tor or prospective subcon ractor.
furnished any da:a, not wi-hin -(1), (2) or. (3) ab:ve, which was not ac: urate, a (4 )
submitted; the price shall be reducec accordingly and the c:nt.ract sh Mcwever, any reduc: ion in briting as may be neces:ary to rensct such reduction.
in the contract price due to defective subcontract da t
) by will'be limited to the am:unt (;1us applicable overhead and profit markup o
which the actual subcontract, or actual cost to the Contractor if there was n subcontract, was Tess than the 'prosce:tive subcontract cost estimate sub Provided ths ac'tual subcontract price was not affected by by the Contractor.
defective cost or pricing data.
Since the can:ract is subject to reduction under this clause by reason of defective cost or aricino data submitted in connection (Note:
sub:cntracts, it is ex;ected tha-the Contractor may wish to include a cla each such subccatract requiring the subcontractor to appropriat f tive C3ntract:r.
It is also ex:ected that any cation' will generally re:uire substantially similar indemnificatien for de e:
)
cost or pricing deta required to be submitted by his lower tier su':cen ra t '
Teilure to agree on a reductwn shall be a disru:e concernino a j
of fact within the msaning of the " Disputes" clause of this con:ract.
(c)
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Lo::n:.r::.:.:,r 2:t v.i Fr':i.; D:te (2-?, ?36-3(di 5Z hereunder to submit, (a) The C:ntractor sna11 require 5.bc:ntra:t:r:
- ctu:lly :r by specific idantification in writing, cost or pricir.g data und folk.ing' cir=ms:arces:
Frior to the shard of any sub::ntract the arount of thich is (1) exp+cted to exceed 5100,000 when entered into; Prior to the pricing of any subcontract modification which involv d to aggregate increases and/or decreases in costs plus ap (2) i il quantities to the general public, or prices set by la exceed 5100,000; The Contractor.shall require subcontractors to certify, in substa the-ificate by the Prime Centractor to (b)
Government, that to the.best of their knowledge and belief, the cost a
.the same form as that used in the cert data submitted under (a) above is accurate, complete, and current as o of agreement on the neSotiated price of the subcontract or subcontra modification.
T~ne Contractor shall insert the substance of this c 5100,000 when entered (c) paragraph (c) in each subcontract hereunder which exceeds into except where the price thareof is based on adequate price c= petitio il established catalog or market prices of c:=srcia1 f rems sold in substant a In each such quantities to the general.pubife, or prices set by law or regulation.
the Contractor shall insart ex;ected subcontract hereunder in excess of $100,000, s
the substance of the folicwing clause:
SUECONT?)CTO?. CO5T OR PRICING DATA-f
??. ICE ADJUSTIENTS s
Faragraphs (b) and (c) of this clause sna11 bec:me ocarative f this c:n.n :t to any modification made pursuant to one or more provisions o (a) in costs p1us applicabie profics khich involves aggregate increases and/or decreasesThe requirements of this cla ras;ec:
expected to exceed $100,000.
to such contract modifications.
The Contractor shall require subcontractors hereunder to submit, d
the actually or by specific identification in writing, cost or pricing data un er (b)
T oll: wing. circumscances:
Prior to award of any subcontract, the amount of which is e l
(1) when entered into; to ex:aed 5100,000 Frior to the pricing of any subcontract modification which inv ble profits expecied to (2)
SSirk;ita increases and/or decrsases in costs plus applicaexcep 1ti;n, il estabihhed ca alog or cirket prices of c:=ercial items sold in substant a excae: 5100,030; quanti:'es to the general public, or prices set by law or regulation.
9
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Page 14 Cu.t and.'ri:f r;. ::: (?-?.f!4-3(a)) Cont'd i. 2 0 ' h:.::..t r a : t Tre contractor shall require subcontrac.:,rs to csrtify, in substantial
-he sans for: es that used in the cer;ifica.e by the Tiirs C:ntrz: :r to the (c)
G:vern. Ent, that to the bsst of their kn:w*idge and belief the c:st and p data submitt.ed und4r (3) s'::ve is accurate, cor;1ete, and current as of agres ent on the negotiated price of the subcontract or subcontract
. :dificaticn.
f this clause including
.(d) Tr.e Contractor shall insert the substance o this paragraph (d) in each subcontract harsundar which exceeds $10 an te red - in to..
Cost Accounting Standards -Nondefense Contract (1-3.1204-2(a))
5.11 Unless the Administrator of General Services has prescribed rul_es or d
regulations prcouTgated by the Cost Accounting St (a) in c:nnection with this contract, shall:
Fo11cw consistently the cost accounting practices established or disciesed as required by regulations of the Cast Acccunting Standards Bo (1)
If administered under the Administration of Cast Accounting Standards clause.
any chsnge in disciosed practices is made for purposes of any c subcon:ract subjec:
in a c:nsistent manner to this contract.
accounting standards '..hich the C:ntractor is Cc: ply with all cos:
c:rply with by rzas:n of concurrint pirf;rcan:e of any contract or (2) administa. ed under the Adminit:ra:ica of C:st A:::en i re:uirs:' ::
i'he C ntri:::r also shall cc ply with any cost acccunting standard which hersaf:er or subcontract.
bec::as applicable to such a contrac:the date of applicability to such contract or required pr:spectively fr : Compliance shall c:ntinue untii the Contractor completes subccntract.
formance of work under this contract.
Agree to an equitable adjust ant (as provided in the Changes clause of this contract, if any) if the contract cost is affected by a change (3) his estab-which, pursuant to (2) above, the Contractor is required to m closure Sta a ent or not.
Negotiate with the C:n.raciing Officar to dstarmine the terms accounting practice (4) zithar a disclosed cas:other than a change under (a)(3) c:nditi:ns unf ar which a chance ::
er an establi:hed cost accouniir.c :ractice,A cnange to a practi:e may be proposed by above or (a)(5) belcw, may be 2225.
either the Gavarnment or the Cen:ra::;r, Fr:vided, heuever, Tnat no agresmant id by the United tiy be made under this pr:visicn na: will increase ccsts ;a States.
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- 5. H Con Ac::.:nif ; Stantrd:--U:rW:e o
(5) Agrae to an adjustment of the c:,ntract ;,rici or c:st alle..an:e, oorocria:e, if it or a subcontractor fails to comply with the apolicaole 25
- CMt Acc:un.ing Itandards or to folicw any ;ractice disclossd or es:aciisneo to sui;2ragraph (a)(1) or (a)(I) at:ve and such failure rssul.s in any
- rsvin
incrias&d costs paid by -ha United States.
Su h adjust int shall ;r; vide f:r rec;.ary of the incraased costs to the Unit &d Statas tcgithir.if th ir.tsrist inereon coccu:ed at the rate catarmined by the S&cr&tary of the Traa:ury pur.
svant to Pub. !.. 92-41 (50 U.S.C. App.1215(b)(2)), or 7 percant par annum, whichever is less, from time the paymant by the Unit 6d States was cade to the time the adjust: ant is affected.
(6) flegotiate an equitable adjustment (as provided in the Changes clause of this contract, if any) khan the parties agree to a change to either a disclosed cost accounting practice or an established cost accounting practice.
Tne Contractor shall permit any authorized representatives of the hsad of the agency, of the Cost Accounting Standards Board, or of the comptrollar (b)
Ganara1 of the United States to exe.mine and cake copies of any documents, papers, or records relating to compliance with the requirements of this clause entil the expiration of 3 years after final papent under this contract or such lessar. time specified in the Fedaral Procuremant Regulations (FPR) part 1-20.
Unless a subcontract or Subcontractor is exempt under rules or regu-(c) laticns prescribed by the administratar of General Sarvices, all necotiated subcontracts undar thi.e centract with subcontractors that are currantly performing a naticnal dafanse contract or subcentr the clause in applicable national defense awards, and (2) shall t.:!vis t e subs:ance of the Consistency of C:st Acc:unting Frec; ic l
- o ac:so:
l Tne C:ntractor difan:e ~:n:rs::
s;;i:;n racts undse this contract witn all other subcon:rac:crs.
cay el+ct :o use the subs:ance of the solicitaticn notice set for.h in i 1-accounting 3.1203-2(b) of the FPR in his determination of applicability cos:
standards to subcontracts.
(d) The tarens 'dafined in 1 331.20 of Tart 331 of Title 4, code of Federal Regulations, shall have the same meaning herein.
As there defined, " negotiated subcontract" means "any subcontract except a firm fixed-price sub:antract vsde by a contractor or subcontractor after receiving offers from at least two firms not associated with each othat or such contractor or subcontractor, providing (1) the solicitation to all competing finns is identical, (2) prica is the only
- ns1daration in selecting the subc:ntractor fr:m among the com:rtino firms sciicitied, and.(3) the loviest offar received in c:mpliance with the' solicitation from at:ng th:se solicited is ac:apted."
(e) Tha administraticn of this clause by the Covernesnt shall be acccm-plished in c:njunction with the administraticii of the Contractor's national defense c:ntracts and subcontracts subject to rules and reculations of the Cost Acc:unting Standards Ecard, purs:;ent to the AL:inistr'ation of Cost Ac:cunting
~
For the purposes of the Ai.inistration of Cost Accounting Standards clause.
Standards clause contained in this contract, references to the Cost Accounting Standt.rds clause shaii be desmed to include this Cost Accounting Standards--
.hndafense C:,r. tract clause and reference to the Disciosure an4 C:nsistsacy of Cast Ac::un-ing Fractices clause shall te dssrad to include tne Cor.sistsncy of C 5* A:::t.nting p r a c ti c e s--tr.de fin:e Con tr ?c cle.se.
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4 Page 16 Ad &, o v 4. :. ;n of
- ',: A :.. i * ; 2;- d:-d: - (? -3.1204-1/t'))
I,. H.
p rp::s cf ad. ini::-a:iry Cest Accounting Standards requiramants for t.h3 under this c:ntract, the C:ntrac:or shall:-
Submit to tha ::;ni: ant Contracting Officer a cescription of the sum of all increases and the sc: of ali decreases for al (a) f Cost the' Cost Accounting Standards clzuse or the Disclosure and Consistency o Accounting Practices clause:
For any change in cost accounting practices required to comply with a new cost acc:unting standard in accordance with paragraph (a)(3) and (1) date as,may be mutually agrnd to) after award of a
-cnange; anca with paragraphs (a)(4)(3), (a)(4)(C) of the Cost Accounting Standards (2)
For any change to cost accounting practices proposed in accord-clause or with paragraph (a)(3) or (a)(5) of the Disclosure and C:nsistency of C:st Accounting Frectices clause not less than 60 days (or such other date as ray be mutually agreed to). prior to the effective date of the Proposed change or For any failure to comply with an applicable Cost Ac::unting Standard or to folicw a disclosed practice as contemplated by paragraph (a)
(3) of the Cost Accounting Standards clause or with paragraph (a)(,) of the Discl and C:nsistency of Cost Accounting Practices clause within 60 days (or such other da e. as may be mutually agraed to) after the date of agreemant of such n:ncespiiance by the Contract r.
futmic a cost im:ac: ;r::: sal in the form and manner s;ecified by the C:n:ru::ing Offi:ar %i:hin six:y (50) days (or such cther date as may (b)
- 2 mu ually agr:ad Tc) af:er tha da:e :/ :a:armination of the ais;uacy z.nd
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to (a) (1),.(2), or (3), ab:ve.
crplian:e of a change submit:ad pursuan:
Ahrae to appropriate c:ntract and subcontract amendments to reflect l
adjustmants established in accordance with paragraphs (a)(4) and (a)(5)(
(c) a)(5) of Cost Accounting Standards clause or with paragraphs (a)(3), (a)(4), or the Disclosure end Consistency of Cost ?c:ounting Fractices clause.
12en the subcontract is subject to either the Cost Accounting Standa cleuse or the Disc 1csure and C:nsis:ency of Cost Accounting Fractica clause so (d)
Self-state in the body of the subcontract and/or in the letter of award.
deleting clauses shall not be used.
Include the substance of this clause in all negotiated subcontracts
- ntaining either the Cast A::::n:ing i:andards clause or the Disclesure and (e)
In addition, include a ;r:-
C:nsistency of C:s: Accounting frac: ices claure. vision in these su:::nt i
30 days after recaipt of award (or such c:har date as m of the subc:ntrac t,r's facility.
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5.11 O
(1)
Subc ntractor's r.ame and su_':ontrect ns.-lar.
(2)
Coilir a:sunt and da:e of a-ard.
l!are of Centractor ening the award.
(3)
A statacant as to whether the subcontractor has made er prop:ses to take any changes to accounting practices that affect prime contracts or (4) d subcontracts containing the Cost Accouncing Standards clause o Consistency of Cost AccountingIf award of the subcontract results in makin standard (s) effectiva for the first tics, this shall also be reported.
been reported.
For negociated subc ntracts containing the Cost Accounting S the clause, require the subcontractor to comply with all Standards in effect (f) ificata date of final agreemant on price as shown on the subcontractor's sign i
of Current Cost or Fricing Data or date of award, whichever is' earl er.
In the event anf adjustmant is required to be cade to any subcont d
hareunder, notify the Contracting Officer in writing of such adjustmant an (g) i t act, agree to an adjustment in the price or estimated cost and fee of th s c b
t ct.
as appropriate, based upon the adjustment established under the su cen b
Such notice shall be given within 30 days after receipt of the proposed s h higher c:ntract adjustment, and shall inciude a proposal for adjustqant to suc tier subcontract or prime contract as appropriate.
d h~ nan either the Cost Acc:unting Standards clause or t (h) i bly altared to C:1313:ancy of C st Accounting I.:::ntra::s, the : arm " Con:racting Gifi:ar" shall be su :a i;*nify ths pur:haser.
Cost !sccounting Siindard Nithdraual h
t of 5.13 facilitics capital -shall not be reimbursed as an a this contract.
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