ML20126M794
| ML20126M794 | |
| Person / Time | |
|---|---|
| Issue date: | 05/04/1981 |
| From: | Findley D, Mattia M NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE APPLICATIONS INTERNATIONAL CORP. (FORMERLY |
| To: | |
| Shared Package | |
| ML20126M791 | List: |
| References | |
| CON-FIN-B-7334-1, CON-NRC-02-81-057, CON-NRC-2-81-57 NUDOCS 8106220083 | |
| Download: ML20126M794 (18) | |
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' Environmental Assessment of Radioactive ESTD'ATED COST 545,773.0C 4,115. 0 C Waste Stabiliza tion Project at the Amax Site, i
FIXED FEE i
Wood Co u n ty,
'.-le s t 'li eg i n i a COST-PLUS-FIXED-FEE Sa9,893.CC t
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Page 2 TABLE OF CONTENTS This Contract Consists of:
1.
Cover Page 2.
Table of Contents 3.
Schedule Article I Statement of Work Article II Pcriod of Performance Article III consideration-and Payment Article IV Overhead / General and Administrative Rates Article V Provisions Applicable to Direct Costs Article VI Travel Reimbursement Article VII Key Personnel Article VIII Project Of ficer Article IX Conflict of Interest Article X General Provisions / Alterations 4
Attachments Appendix A - General Provisions (Rev. 11/20)
Appendix 3 - Billing Instructions for Cost-Type Contracts l
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ARTICLE I - STATEMENT OF WORK Environmental Assessment Radioactive Waste Stabilization Project
/ max Site Wood County, West Virginia
1.0 Background
The work specified in this task statement shall be performed in accordance with the tere.s and conditions specified in the master statement of work for Basic Ordering Agreement NRC-02-80-035 entitled, " Licensing Technical Assistance."
2.0 Work Reouired The contractor shall gather and analyze data and write an environmental assessment based on the analysis and consideration of the above mentioned inis assessment shall include the operation, the site and its surroundings.
folicwing operational and site specific information as well as relevant data collected from prior assessments as applicable.
1.
Description of Site Environment a.
Site Location b.
Demography c.
Land Use Geology d.
Hydrology (Groundwater and Surface Water) e.
f.
I4teorology and Climatology Background Radiological Characterstics g.
h.
Ecology (Terrestrial and Aquatic Siota) 2.
The Waste Stabilization Operation Equipment Required a.
b.
Summary of Operations Processes 3.
Waste Confinement and Effluent Control a
Gaseous Effluents b.
Liquid Effluents c.
Solid Wastes Environmental Impacts During Stabilization Operation and After 4.
Stabilization is Complete.
a.
Radiological b.
Ilon-Radiological S.
Description of Environmental fionitoring Program a.
Radiological b.
llon-Radiciogical 6.
Impact of Accidents Radiological Accident Evaluation a.
I;on-Radiological Accident Evaluation b.
Evaluation of Potential Environmental Impact of Accidents c.
7.
Su, mary and Conclusion of Environmental Impacts
Page 4 The environmental impact assessment shall include the radiological impact to the general public resulti6g from the proposed action, and also from postulated accider.ts'.
Individual dose'and population dose up to a 50-mile radius from the p'! ant shall be assessed.
Non-radiological impact involving toxic.orexplosive gases and liquid effluents from routine and accidental releases shall be assessed.
The above will constitute the bases for determining the environmental impacts of the proposed actions.
In addition, the contractor shall provide an analysis of reasonable alternatives to the NRC Project Officer.
These alternatives and recommendations shall center en means of reducing or avoiding adverse environ-mental effects and on alternative uses of available resources.
3.0 " Additional Materials'to be Furnished by NRC Project Manacer l
The f(RC Project Manager will provide the following materials to the contractor af ter contract award:
1.
Aux Corporation Stabilization Plan Wood County, West Virginia 2.
Other submitted information on past operations and present site condition 4.0 Travel After initial review of data, the contractor shall visit the above facility to acquire the site specific data and additional information necessary to prepare the EIA.
At the same time,' local and state officials will be visited, if necessary.
It is' expected that several contractor personnel will be required to spend up to one week at the facility.
At times to be designated by the NRC Project Officer, the contractor will meet with the NRC in Silver Spring, Maryland, to discuss the problems, progress and technical aspects of the EIA.
Approximately three meetings are anticipated.
i'hese caetings shall not exceed one day in duration.
5.0 Reports Report requirements shall be in accordance with those specified in Basic Ordering Agreement NRC-02-80-035.
The Draft Final Report shall be submitted six (6) months after the effective date of the contract.
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Page 5 ARTICLE II. PERIOD OF PERFORiiANCE-The period of performance shall be from the effective date of contract thru January 2,1982 reports shall have been delivered to the NRC as required by Article I, above..
ARTICLE III - CONSIDEPATION AND PAYliENT_ (Fully Funded CPFF)
A.
Estimated Cost, Fixed Fee and Oblication It-is estimated that the total cost to the Government for full perform-1.
of which the sum of ance of this contract will be S49,893.00 represents the estimated reimbursable costs, and of which
$45,778.00 54, 115 00 represents the fixed fee.
- 2. - Total funds currently available for payment and allotted to this con-tract are $49,893.00 of which $45 778.05 represents the estimated reimbursable costs, and of which 34,115.00 represents the fixed fee.
3 It is es timated that the amount currently allotted will cover the period of performance which is scheduled to be completed eight.(8) 3.
months from the effective date of the contract.
B.
Payment The Goverr. ment shall render payment to the contractor in approximately thirty (30). days after submission of proper and correct invoices and
- vouchers, l
f' Additional provisions relating to payment are contained in Clause 5.1-3 of the General Provisions hereto.
ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES Pending the establishment of final overhead rates which shall be negotiate based on audit of actual costs, the contractor shall be reimbursed for A.
allowable indirect costs hereunder at a provisional engineering overhead rate.of_83.5 percentof_ direct labor costs and at a provisional fringe bene rate _of 39 percent of direct labor, costs.
Pending the establishment of final general and administrative rates whi shall be negotiated based on audit of actual costs, the contractor shall B.
be reimbursed for allewable indirect costs hereunder at the provisional L
rate of 12,5 percent of total direct cost and everhead.
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Page 6 ARTICLE V - PROVISIONS APPLICABLE TO DIRECT COST Items Unallowable Unless Otherwise Provided Nothwithstanding Clause No. 5.3, ALLOWABLE COSTS, Fixed-Fee and Payment, and Clause No.10, SUBCONTRACT, of the General Provisions of this Contract, unless authorized in writing by the Contracting Officer, the costs of the following items or activities shall be unallowable as direct costs:
1.
Fees for Consultants 2.
Overtime; shift or incentive payments' 3.
All travel outside of the United States and its territories and possessions.
4.
Maintenance agreements, service contracts, or maintenance of Government equipment.
ARTICLE 'VI - TRAVEL REIMSURSEMENT The contractor will be reimbursed for the following reascnable d mestic. tr: ve costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer:
Per diem shall be reimbursed at a daily rate not to exceed $62.00 L
1.
t The cost of travel by privately cwned automobile shall be reimbursad at th 2.
rate of 221/2c per mile.
The cost of travel by rented autcm: bile shall be reimbursed on a reason 3.
actual expense basis not to exceed S33.00 per day.
All cor, mon carrier travel reimbursable hereunder shall be via economy c If not available, reimbursement vcuchers will be 4.
First-class
_ rates when available. annotated that economy class accommodations were air travel is not authorized.
Receipts are required for common carrier transportation, lodging and 5.
miscellaneous items in excess of 515.00 1
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Page 7 ARTICLE VII - KEY PERSONNEL Pursuant to this ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of the work here-under 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.
Mr. James Hammelman ARTICLE VIII PROJECT OFFICER RESPONSIBILITIES Mr. Peter Loysen, i s hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract.
The Project Officer is not authorized to accrove c' recuest any action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute arisinc under the contract; or i,ssua any unilateral directive wnatever.
The projec.t Officer is responsible for:
(1) Monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resolution of technical problems encountered during performance.
Within the preview of this authority, the representative is authorized to approve payment vouchers for supplies / services required under the contract.
The Contracting Of ficer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.
For guidance from the Project Of ficer to the Contractor to be valid, it must:
(1) be consistent with the description of work set forth in this 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; (4) not constitute a basis for any increase in the contract price.
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Page 8 ARTICLE IX CC"FLICT- 0F INTEREST The primary (purpose of this clause is to aid in1) Is not (a)
Purpose.
ensuring that the contractor:
because of current or planned interest (financial, contractual, organizational, (2) or 'otherwise) which relate to the work.under this contract, and does not obtain an ' unfair competitive advantage over other parties by virtue of its performance of this contract.
The restrictions dascribed herein shall apply to (b)
Scope.
performance or participation by the ccatractor'as defined in 41 CFR 120-1.5402(f) in the actitities covered by this clause.
(c) Work for others.
Notwithstanding any other provisicn of this contract, during the term' of this contract, the contractor agrees to forego entering into consulting or other contractual.arrangemaats with any firm or organization, the result of which may give ris.e to a ccnflict 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 If the any, under tnis contract abide by the provision of this clause.
contractor believes with respect to itself or any such employee that any procosed consultant or other contractual arrangement with any firm or organization ray involve a potencial conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.
(d)
Disclosure after award.
(1) The contractor warrants that to toe best of its knowledge and belief and except as otherwise set fcrth in this contract, i t does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).
i The contractor agrees that if after award it discovers organizational
^(2) contlicts of interest with respect to this contract, it shall make an I
immediate and full disclosure in writing to the contracting officer.
f This statement shall include a description of the action which the l
contractor has taken or proposes to take to avoid or mitigate such - --- ---
The NRC may, hcwever, terminate the contract for convenience con fl ic ts.
if it deems such termination to be in the best interests of the government.
(e)
Access to and use of information.
(1) If the contractor'in the cerforman:e cf this contract obtains access to informatien, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the privacy Act of 1974 (pub. L. ;3-579), or data which has j-(i) Use been released to the public, the contractor agrees not to:
such information for any private purpose until the information has been not released to the puolic; (ii) ccm:e:e for work for the Ccmmission based l
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Page 9 cn such informa tion.for a peried of six (5) months af ter either the c:rcletion of this centract or the release of sucn information to the public, wnichever is first, (iii) submit 'an unsolicited proposal to the government based on such information until one year after the release of i
such information to the public, or (iv) release the information without prior written approval by the centracting officer unless such information has previously,been released to the public by the NRC.
(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 centractor shall treat such information in accordance with restrictions pTaced on Ose of the.information.
(3)
The contractor shall have, subject to patent and security previsions of this centract, 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 41 CFR 5 20-1.5dO2(h), the contractor shall include this clause, including this paragraph, in succen:rects of any tier.
The terms "centract," " contractor," and "c:ntracting officer," snall be appropriately modified :: preserve the gcverrment's rights.
(g)
?,emed i e s.
For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentatien of any relevant interest required to be disclosed ccncerning this c:ntract or f,or sucn erroneous representaticns as necessarily imcly bad faith, the government may terminate the contract for default, discualify the contractor fecm subsecuent contractual efforts, and pursue other remedies as may be permi t ed by law or this contra :t.
(h)
Waiver.
A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accor:ance with the procecures outlinec in f20-1.5411.
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e Labor Surplus Area Subcontracting Program (1-1.o05-3(b))
3.12 The Contractor agrees to establish and conduct a program which will encourage labor surplus area concerns to ccm;ste for subcontracts with (a)
In this connection, the Ccatractor shall--
capabilities.
Cesignate a liaison of ~icer who will (1) maintain liaisen with duly authoriced representatives of the G:vernment on labor surplus area c (1)
(ii) supervise compliance with the Utilization of Concerns in Labor Surp Areas clause, and (iii) administer the Contractor's " Labor Surplus Area Sub contracting Fragram;"
Frovide a'dequate and timely consideraticn of the potentialities (2) of labor surplus area con: erns in all "maka-ct-buy" decisicns; Assure that labor surplus area concerns will have an equitable i
- tions, opportunity to compete fcr subcontracts, particularly by arranging solic ta (3) time for the preparation of bids, quantities, specifica icas, and delivery schedules so as to facilitate the participation of labor surplus area concerns; "aintain re :r-s shcwing the procedures s,hich have been adopted subcontrac t
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f:rth in this clause and repor:
i'ecords to c:mply with the policies se:
awards (see 41 CFR 1-15.?3 5 rs;arding use of Op icnal Form 61).the main ained pursuant to this clause will be kept available for review by
- he expira:i:n :f 1.eear af:er the av.ard of this centract, ce for such icn;er ;ariod as may be re uired by any ::her clause of this cc,n:ra::
G:vernman: untii or by applicable law or re;uisti ns; and Include the U:ili:stica of Concerns in Labor Surplus Areas clause in subcontracts which offer subs:antial labor surplus area subcentracting (5) opportunities.
The tem " labor surplus area" means a geographical area iden by the Department of Labor as an area of ccncentrated unempicyment (b)
(1) employment or an area of 1 abor surpius..
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The term "c:ncern located in a labor surplus area" maans a labor (2) surplus area ccncarn.
The term " Tabor surpius area c:ncern" reans a concern that,fally in la togetner with its fir:t-tier sub::n:r3c::rs, will perform substan:
(3) surpius areas.
The term " perform substantially in labor surplus areas" means that the ces s incurred en acc:unt of anufacturing, produc icn, or appr:p (4) of the. contract price.
services in labsr surplus areas exceed 50 per:en T'.e Contra::cr further series to inser, in any succen:ract hereen:er 1:icn of C:ncerns in (c) and..nic5 ::n: sins :he.U:ili:
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perfCrmance of Contracts awarded by any ideiriI ign:y.
The Ccntractor ;r:es to use his best efforts to c (b)
As (Jec in the c:ntract, a "i o en-p:licy in th: :::
efficient perfort.ance of this con:ract.
d by a wo Sn owned businis;" c:r.: rn ears a business that is at least 51t cwne
Control" in th is cor.:::::
- as 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.
women business owners.
5500,000 or Uoman-Own'ed Business Concerns Subcontracting Program (Over for Construction of Any Public Facility) 3.14
$1,000,000 The Contractor agrees to establish and conduct a program b
tractors enable women-owned business concerns to be considered fairly as _ s (a) and suppliers under this. contract.
Designate a liaison officer who will administer the Contract
" Women-Owned Business Concerns Program."
(1) f provide adequate and timely consideration o (2) i Develop a list of qualified bidders that are women-owned bu itable and assure that known women-ccined business concerns have an (3) i op;ortunity to cor.pete for subcon:racts, particularly by mak n infor: ation on forthccming op;ortunities available, by arranging i
solici:stions, time for the preparation of bids, q icn of women-owned t,usiness concerns.
Maintain records showing (i) procedures which have been a to compy with the policies set forth in this clause, including (4) rns; the establishment of a source list of wcmen i
ific and non-minority women-owned business concerns; and (iii) sp i
s efforts to identify and award contracts to women-owned bus nes concerns.
Include the " Utilization of Women-Owned Busin ities.
in subcontracts which offer substantial subcontracting opport (5) ned Coopera te in any stucias and surveys of the Contractor's cting cusiness concerns procedures and practices that the Centra (5)
Of ficer cay f rom time-tc-time conduct.
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- ...an csart.arb' a: t '. : Cr :-scM T Officer may orescribe.
The Contractor furtner agrees to ins =rt, in r.y rub::nt-ect Fereunder (b) t.hich may e).ceed $ 50 l,333 or $1,0?D,0)) in the case o of any puolic facility and..nuh offers substantial sub:c this paragraph (b), ana to notilj tha Ccntract' ; Of-':er of the names of such subcontractors.
The contractor further agrees to require written certification by its subcontractors that they are bona fide woman-c:,ned and controlled busines (c) in accordance with the G6finition of a women-owned busin in the Utilization Clause 1(b) abbye at the time of submission of bids or Price Peduction for Defective Cost or Pricing Data (1-3.814-1(a))
5.8 If any price, including profit or fee, negotiated in connection with this i
c:ntract or any cost reimbursable under this centract was increased by any ficant sums because:
The Contractor furnished cost or pricing data which was not accurate, compie:e and current as certified in the Contractor's Certificate of Current (a)
Cost or Fricing Cata; A subcontractor, pursuant to the clause of this centract entitled "Subcon:ract:r Cost or Fricing Cata" or " Subcontractor Ccst or Fricing Da (b)
Adjustrants" or any subc:ntract clause therein recuired, furnished cos 1ste and current as certified in the subcontrac da:3..hich..a s not accurate, c:r:
Cartificate of Curren: Cost or Fricing Ca:3; A
ub::ntractsr or ;r:s;a: tics sub::n.rac::r furnished cost or Oricing data wnich uas recuired to be at: urate, c:r? e:e and current and t0 be sub (c) l su,cport a sub::ntract c st esti.:ste furnished by the C:ntractor but whic accurate, c rplete and currant as of the date certified in the Contractor's Certificate of Current Cost cr Fricing Cata; or The Contractor or a subcontractor or prospective subcontractor furn (d) t s submitted:
l 2ny data, not within (a), (b) or (c) above, which was not acc dified l
in writing as may be necessary to reflect such reduction.
in the contract price due to~ defective subcontr :t data of a prescective subc b
tractor,-
tractor uhen the subcontract was not subsecuently auarded to such su conk p) by which will be limited to the amount (clus apolicable overhead an b
t ct, the Contractor:
was less :han the prospective sut::n:ract cost estimate su l
pricing data.
Since the contract is subject to reducticn under this clause (2te:
reascn of defective cost or pricine da:3 is ex;ected tFat the C:ntractor may wish to include a c1,ause,y nir in eacn such subcontract requiring the subtentractor to apprcpriately incim sub:cntra::s, it to such It is also ex;ac:ed that any sub::n:rac:or subject i
for indemnifica:icn will cenerally require substantially similar inde.nification the C:n:rac::r.
i Or cricing data ra:uired to be sub i::ad by his icw t er d #e::ive c:s:
s
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Page 13 lcin:
- . t:.
r" :e W ur m nts Frict Etic. io,n fcr Orfe:tive Cost or T 5.3
- i....,.
\\ L - 3. ca -: - : \\ Djj D.is ch::s shall tecre c:irative caly with respect to any nWU; cation l
,,hich involves 3;;rs;ata in:raases ind/cr de:r:: es in c:sts p us (a) b2 Sis of.3dquete price C 2:e ition, established citilcc cf this contrac:
cc=ercial iti s sold in substan:ial-cuantities to tha canar:1 publ set by law or regulation.
to defects in data relating to su:h codification.
If any price, including profit, or fee, necotiated in c:nnection with any price adjustment under this c:ntract was increased by any significant sum (b) because:
The Contractor furnished cost or pricino data which was not accurate, compTete and current as certified in the Contractor's Cartificate of (1)
Current Cost or Pricing Cata; A subc:ntractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Fricing Cata' or " Subcontractor Cost or Fricina Dat (2)
Adjust =ents" or any subcentract clause therein requ Certificate of Current Cost or Fricing. Data; A subcontractor or prospective subcontractor furnished cost or pricing data uhich uas required to be accurate, complete and curre (3) submitted to support a subcontrac:
h da:e certified in the Ccn-t.hich was not ac:ura te, c:::lete and currsnt as of t e tractor's Certificate of Currant C:st or Fricine Data; or The Centractor er a su::en:ra:tcr or pr:s;ecti/s rub::n:ra:::r I
c:: at:ura:e, as (4) furnished any data, not within (1), (2) or (3) at:ve, which ::a:
shall be redified sulaitted; the price shall be redu:ed acc:rdingly and the c:n:rac:
'4c caver any raduction in writing as cay be necessary to reflect such reducticn.
in the contract price due to defective subc:ntract data of a prospective subc:n tracto, when the subcontract was not subse;uantly awarded to such sub:en
) by will be limited to the a: cunt (plus apolicable overhead and profit markup which the actual subcontract, or actual cost to the Contractor if there was no subcontract, was less than the prospective subcontract cost estimate subm Provided the actual subcontract price was not affected by by the Contractor.
defective cost or pricing data. ~ -
Since the contract is subject to reduction under this clause by reascn of defective cost or pricino data submitted in c:nnection w 1
(Note:
/
sub :ntracts, it is expected that the Con:ractor may wish to include a claus each su:h subc:ntract requiring the subcontractor to appr:;riaisly Contract:r.
It is also axpected tha:
i cation will canerally require subs:antially similar indimnifi:stien for defect ve
)
cost or pricing data required to be svimitted by his 1cwer tiar subc n.ra:::rs Failure to agree on a reducticn shall be a dis u:e concernina a que of fact within the meaning of the "Dispu:es" clause of this c ntract.
(c) 6 e
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Page 14
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e'"@ te s ubmi t, c:ntr:ctor snali ri:cira s b::.tr::t:-:
- 11y :r ':y specific identification in writing, cest or pricing data uncar ::e (t) h:
iclicuing :ir:r-s ances:
5 is Frior to tha v..ard of any ri:::n:ract t' e 3 runt of :.hi:
(1)
E." teted to exceed 5100,000 when enterad into; Frior to the pricing of any subc:ntract modificatien which involves aggregate i.ncreases and/or decrsases in c:sts plus applicable :rof (2) i except where the price is based cn adequate price cc petit on, established catalog or market prices of ce=arcial ite=s sold in substantia exceed $100,000; quantities to the general public, or prices set by law or regulation.
The Contractor shall require subcontractors to certify, in substantia h
the same forn as that used in the certificate by the Prime Contractor to t e (b)
G:vernment, that to the.best'of their knowledge and belief, the cost and data submitted under (a) above is accurate, cc:plete, and current as of th of agrae: ant on the negotiated price of the subcontract or subcontract c c:dification.
Tne Contractor shall insert the substance of t'his clause including 5100,000 when entared (c) paragraph (c) in each subcontract hereunder which exceed established catalog or market prices of c:=srcial ita:ns sold in substantia In ea:h such quantities to the general public, or prices set by law or regulation.
the Contrac ot r shall insert Ex;ect d subcontract hereunder in excess of $100,000, the substance of the foll:..-ing clause:
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-.- _v.
Farecra:hs (b) and (c) of this clause shall bec:me c;sra.ive caly
- ith i
this c:.. ra::
ris:ect to any modificathn =2de pursuant to one or more prov s::ns or (a) hich involves accregate increases and/or decreases in costs 'c cs a;p
^
~
The requirements of this clause shall be ifmited expected to excee:f $100,000.
to such contract modifications.
The Contractor shall require subcontractors hereunder to submit, h
actually or by specific identification in writing, cost or pricing data und (b) folicwing circu:nstances:
Prior to award of any subcontract, the amount of which is ex (1) to exceed 5100,000 when entered into; subcontract modification which involves (2)
Frice to the pricino cf any i
ble pecfits expec;Ed to ligregate incesases and/cr decreasis in c':sts plus appl caexcept w
- 1tien, tial established ca:alog or market prices of ::=ercial items sold in substan ex: sed 5100,000; quantities to the general public, or prices set by law or regulatien.
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Page 15
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'e contractcr shall re uire subc:ntrac:srs to certify, in cubs:an:iai
- c.,
- i,,............,
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ir
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".... =.~.e'.
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... 1.,. =. n 's, ' s ~.
- o "... : '. : 2 '. v ', '... = ',, ".... a'. :.' ;- =.
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...,e....
o f the da:e da:a submit:ed undar ( ) at:ve is a:: ara:e, cc:;ists, and currant as o
.=...
h or of agree ent on the nego iated price of the subc:ntract er subcon rect
- dificaticn.
ne C:ntractor shall insert the substance of this clause including h
this paragraph (d) in each subc:ntract hereunder s.hich exceeds $10 (d)
)
entered into.
Cost Accounting Standards--f?ondafense Contract (1-3.1204-2(a))
l l
t l
5.11 Unless the Administrator of General Services has prescribed rul. sta es or (a) reguTaticas exempting the Contractor or this contract fro:
regulaticas prc ulgated by the Cost Acccuating 5'andards 5:ard, the C in connection with this c:ntract, shall:
Follcw c:nsistently the cost ac: unting practices established or disc 1csed as required by reguisticas of the C st Accounting Standards (1)
If adzinistered under the Aizinistration of C:st.'.ccounting Standards clause.
any change in disclosed practices is made for purposes of any subc n:ract subjec:
in a c:nsistenc canner to this c:ntract.
Ccmply with all cost scesun:in; 5:andards..hich the C:ntract:r i
- 1rforman
- e cf any ::ntract cr (2) rz:vired :: c: ply with by esason of ::n:ar-en:
(: c.:.r.
~n 3 )
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a f
~ ntract:r also shall cc: ply with any cost ac::vn ing standard '..hich herea :erSu s
= -... n 1 2. :. a. unc=r s,
=
cr sub::n. rect.
bec::ss applicable to such a con:racthe da:e of a;plicability to such contract or required prospectively fr:: Compliance shall centinue un:11 the Centractor c: plet subcontract.
formance of work under this contract.
j I
Agree to an equitable adjustmant (as previded in the Changes l
l clause of this contract, if any) ii.the contract cost is affected by a change (3) his estab.
which, pursuant to (2) above, the Contractor is required to closure Statement or not.
Tiego f ate wich the C:n:rac:ing Cfficer :p determine.the -ter i
c:nditions undr e which a chance to either a disclosed cost ac::unting pract ce (4)
)
or an established cost accountinc ractice, other than a chan at ve or (a)(6) belew, may be ca2e'.
ray ba : de under this provisica that will increase ce d
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as accro:ria e, if it or a sebc:ntractor fails to com:ly with tne applicable Cest Ac::un:ine I aniards or to foll:w any practica cisc1csec or estaolisnac
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r&c:very of the incr6ased c sts to the " nit 2d States togethEr with intarast
- nareon conu:ed a t the ra:e cetarmined by the Secretary of tha Tras:ury ;ur-ruant to Pub.
!.. 92-41 (50 (J.S.C. App.1215(b)(2)), or 7 parcent per annum, whichever is less, from time the ;ap. ant by the !.'nited States was made to the time the adjus tmen t is effected.
.:.... _ _ !!agotiate an equitable adjustment (as provided in the Changes (6) cieuse of this contract, if any) when the parties agree to a change to either a disclosed cost accounting practice or an established cost acc:enting practice.
The Contractor shall permit any authorized representatives of the hsad (b) of the agency, of the Cost Acc:unting Standards Board, or of the C::ptrollar Ganeral of the United States to exa.mine and make copies of any documents, papers, or rec:rds relating to cc:pliance with the requirements of this clause catil the expiration of 3 years af ter final papant under this centract or such lesser. tice specified in the Federal Procure:Ent Regulaticas (FPR) part 1-20.
(c) Unless a subc:ntract or Subcontractor is exempt under rules or regu-lations prescribed by the administrat:r of Ganeral Services, the Contractor:
(1) shall include the substance of this clause including this paragraph (c) in all negotiated subc:ntr3 cts under this centract with subcontractors that are currentiy performing a naticnal defense c:ntract or subcontract
- o e::an the clause in a:ciicable national defense anards, and (2) shall
".cccun:ing T rac-i ce s--yn-
'n:1u:e the subs ance of de C:nsis:ancy of C:s: forta in i 1-3.1 Ci-2'b) of 'na FFE in ne: ;1a;id ta%nre :n:rs:
cizuse se:
The C:ntra:-~~
su:::n:.rac s undar this con:ract witn all c:hsr subc:n rac :rs.
- n elect to use the substance of the solicitaticn notice set forth in i 1-3.l202-2(b) of the FFF. in his datarmination of applicability cost acc unting i
standards to subc:ntracts.
(d) The terms defined in i 331.20 of Part 331 of' Title 4, Code of Federal Regulations, shall have the same meaning herein.
As there defined, " negotiated subcontract" means "any subcentract except a firm fixed-price subcontract made by a centractor or subcontractor after receiving offers from at least two firms not associated with each other or such contractor or subcontractor, providing I
(1) the solicitation to all competing firms is identical, (2) price is the only
- nsidaration in selecting the subc:ntractor frcm amenc the c =;etino firns solicitied, and (3) the 1cuest offer entsived in comp 1Iance with the' solicitation fr:m ar:ng those solicit,ed is ac:epted."
(3) l'he ad..inistration of this clause by the G:vern. ant shall be acccc-plished in c:nfunction with the ac inistration of the contractor's national defense c:nzracts and sub :ntracts subject to rules and racuTa:icns of the Cast Acc:unting Standards Board, pursuant to the Administr'ati:n'of Cost Ac::unting Standards clause.
For the pur;:ses of the Adinistratica of Cost Acc0untin9 l
Standards clause c:ntained in this c:ntract, refarances to the Ccst Ac:ounting Standards clause shall be daar.ed to include this Cast 'c::unting S:andards--
I;:ndafante C:.ntract clause and rafarance to the Disclosure and C:nsistency of Cost A:::un-ing Fractices clause shall te daared to include tne C:nsistancy of
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..a For.ne ; r; :a cf ad.-inir-a:ing C:st 'ccounting Standards rquiramar.ts under.his c:ntract, tne C:n rac:ar shali:
S A..4it to -ha ::;ni: ant Contracting; Officer. a description of.thec n _, n,_,
.s.e
..,3 p.,.
.,c
.g__ or
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e (a) a, sua of all incraases ar.d the sc: of all de:rasses for all contracts c n:aining,
. t...
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s...,.y.
t.
the Disclosure and Ccasistency of Cost 1
- he Cost 'cc:.unt.ing It:..nrn : :::re or A:crunting Fractices clause:
For' any change in ecst acc:unting practices required to cc: ply h (a)(3) and (1) with a naw cost acc:enting stan6rd in accordance with paragrap
- c. ate as.may be mutually agraed to) after award cnance; For any chance to cost accounting practices proposed in accord-ance with paragraphs (a)(4)[3), (a)(4)(C) of the Cost Accounting Standards (2) f C:st Accounting Fractices clause not less than 60 days (or h
may be mutually agreed to) ; rice to the affsetive date of the prepcsed c ange; or
~
For any failure to cr ply with an applicable Cost Acccunting 5 tanned or to folicw a disclesed practice as c:ntemplated by paragraph (a)(3 (3) l of the Cost Accounting Standards clause or with paragraph (a)(4) of the Disc osu h
and C:nsistency of C:st Acc:unting Fractices clause within 50 day othar data as may be n:nc::;1iance by the Centrac::r.
- r
- ;: sat in the f:rm and cannar s;ecified by the (cr su:n c-har 6:e as may suimit a ces: ir:3c:
(b)
- ntrac-in; iff:ar wthin six:y '53) days 3.. __.:..=.4 n o #. *:*._=_.v.'..."
- ni
- an:
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- c.,..____m e
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c:. ;1idnce of a change svisit:ad pursuant to (a) (1), (2), or (3), at:ve.
.,_,.,,,.,.._1,.,.._ _. a.
o.
.o Agrae to appr:;riata c:ntract and subcentract amendments to ra#1+ct h
adjustments established in accornnce with paragraphs (a)(4)(and (a)(5) of t e (c)
Cost Accounting Standards clause or with paragraphs (a)(3),the k?:en the subc:ntract is subject to either the Cost Acccunting Standards clause or the Disclosure and Consistency of Cost Accounting Fractice clause so (d)
Self-
~
state in the body of the subcontract and/or in the lettar of award.
deleting cituses shall not be used.
Include the substan:e of this clause in all necatia:ed subc:ntrac d
c:n aining either the Ccst Ac :un:ing Standrds clause or the Discierure anIn addition (e)
C:nsistancy of Cos: Accounting Frac-ic=3 clause.
i hin 30 vision in these sub::ntracts which will require such subcontract:rs, w t
) to dys after receipt of award (or such othar cite as may be i
of the subc:ntract.r's f acili:y.
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Subc ntract:,r's na. e and ser:ontract n.:'.ar.
f l
(1) 0 gat and da:e of a-ard.
(2) 0:11ar a:
l
.,ame of Centractor rai.ing sna a; card.
(3)
Ide or prop:ses A stata: ant as to schethar the subcontract,r has i
acts or to cake any changes to accounting prac: ices that affect p (4) i i
e and l
ady Consistancy of Cost Accounting Practicas clause unless su td s:andard(s) effective for the first time, this shall also be repor e.
been reported.
For negotiated subc:ntracts c:nteining the C:st accounting Stand in effect on the clause, require the subcontractor to comply with all Standards (f) ificate dace of final agree ant on price as shown on the subcontractor's signe lier.
of Current C:st or Fricing Cata or date of attard, whichever is ear hareunder, notify the Contracting Officer in writing o d
(g) his contract, agree to an adjustment in the price or estimated ccst a b
tract.
b Such notice shall be given within 30 days after receipt of the proposed s h higher c:ncract adjustment, and shall include a ;r:posal for adjust..ent to suc tier subcontract or prime contract as appropriate.
1 and
'.inan either the Ccst Ac::unting Standeds clause or the Cisc :sure included in C:nsis:ancy of Cast Accounting Fractices clause and this clause are"C (h)
- . ::n:ra::s, the :er:
- .;ify the ;ur:has er.
Ccst Accounting SEndard Withdrattal h
- st of 5.13 facilitics capital--shall not be reimbursed as an allevi d
this contract.
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