ML20127M478

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Contract: Technical Assistance in Support of NRR Programs & Activities Pertaining to Sys Technology, Awarded to Scientech,Inc
ML20127M478
Person / Time
Issue date: 12/21/1992
From: Mace M, Mattson R
NRC OFFICE OF ADMINISTRATION (ADM), SCIENTECH, INC.
To:
References
CON-NRC-03-93-031, CON-NRC-3-93-31 NUDOCS 9301280213
Download: ML20127M478 (44)


Text

NRC-03-93-031 AWAR0/ CONTRACT-Page 1 of_ 2_

1. IHIS CONTRACT IS A RATED ORDER UNDER OPAS (15 CFR 350)

'RAllNG

2. CONTRACT NO.
3. EFFECTIVE DATE l4. REQUISITION / PROJECT NO.

NRC-03-9 3-031 12/21/92 j f4RR-92-033

5. ISSUED BY Code:

l6. ADMINISTERED BY Code:

l (If other than Item 5)

U.S. Nuclear Regulatcry Commission l U.S. Nuclear Regulatory Commission Div. of Contracts & Property Mgmt.

l Div. of Contracts & Property Mgmt.

Contract Neg. Br. No. 2; P-1042 l Contract _ Admin. Br. No.1; P-902 Washtngton, 0C 20555 l Washington,DC 2C'55

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7. f4AME AND ADDRESS OF CONTRACTOR l 8. DELIVERY FOB ORIGIN

((

OTHER (See below)

Scientech, Inc.

l 11821 Partlawn Drive l

(X Suite 100 l-Roca.ville, MD 20852 l 9. DISCOUNT FOR PROMPT PAYMENT l

N/A Principal Investigator / Technical l

Contact:

Albert P. Baione l

Telephone No: 301-468-6425 l

10.SUEMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN Ifl ITEM: 6

11. SHIP T0/ MARK FOR CODE l12. PAYMENT WILL BE MADE BY CODE See Subsection F.3 l

U. S. Nuclear Regulatory Commission Division cf Accounting and Finance l

00V/COM Acceunting Section l

Washington, DC 20555 I

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c) (

)

14. ACCOUNTING AND APPROPRIATION DATA S&R No.: 320-19-15-05-0 Job Code: E-2095-3 B0C Code: 2542 APPN No.

31X0200.320 OBLG. AMT.. $180,000 15A.liEM 158. SUPPLIES /

15C QUANTITY 150. UNIT 15E. UNIT ISF. AMOUNT NO.

SERVICES PRICE

- erform the effort delineated in the Statement of Work P

herein as implemented by Scientech, Inc.'s technical oroposal dated March 10, 1992, as revised June 26, 1992, which is incorporated by reference into this contract.-

This is a Cost Plus Fixed Fee Task Ordering Indefinite Quantity contract.

15G. TOTAL AMOUNT OF CONTRACT $1,421,951.00 I

EXCEPTION 10 STANDARD FORM SF26 (REV.4-85)

Prescribed by GSA h

FAR(48' CFR) 53.214(a) 9301280213 921221

-PDR CONTR-NRC-03-93-031 PDR a; --

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aJd NRC-O-93-031 MAkD/ CONTRACT paae 2 of 2 Page3 16.

TABLE OF CONTENTS X SU DESCRIPTION PAGE(5)

PART I - THE SCHEDULE A

(CLICITATICN/C0tlTRACT FORM B

3UPPLIES OR SERVICES AND PRICES / COSTS C

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D

PACKAGl'lG AND MARKING E

INSPECTION AND ACCEPTANCE F

DELIVERIES OR PERFORMANCE G

CONTRACT ADMINISTRATICN DATA H

SPECI AL CONTRACT REQUIREMENTS PART 11 - C0!1 TRACT ClJsUSE5 1

0NTRACT CLAUSES PART 111 - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J

LIST OF ATTACHMENTS PART IV - REPRESENTATICNS AND INSTRUCTIONS K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF CFFERORS L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFE:. ORS M

EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 13 AS APPLICABLE 17.

[x] C0tlTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 3 copies to issuing of fice.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consiceration stated herein.

The rights and obligations of the parties to this centract shall be subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if any, anc (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein.

( Ati.achments are li sted herein. )

18.

[

AWARD (Contractor is not required to sign tnis document. ) Your of fer on Solicitation Number

, including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your of fer, and (b) this award / contract. No further contractual document is necessary, 19A. NAME AND TITLE OF SIGNER

' 20A. NAME CF CONTRACTING OFFICER (Type or print) l Roger J. Mattnen

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Mary H. Mace Senior Vice PreM dent:

i l 20B. UNITr7/ STATES Of AMERICA

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(Signature dt pfrs'en iuthorized to sign)'

(Signature of Contracting Officer) 19C. DATE SIGNED l 20C. DATE 31GNED2 - P / ' d. 2 m sfoy EXCEPTION TO STANDARD FORM 26 (REV.4-85) l

w TABLE OF CONTENTS PAGE AWARD / CONTRACT............

1 PART I - THE SCHEDULE.

5 SECTION 8 - SUPPLIES OR SERVICES AND PRICES / COSTS...

5 B.1 PROJECT TITLE....

5 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987).

5 ALTERNATE I (JUN 1988) 8.3 CONSIDERATION AND OBLIGATION--TASK ORDERS ( AUG 1989)....

5 ALTEPNATE I (JUN 1991)

B.4 MINIMUM AND MAXIMUM QUANTITIES 6

SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT........

7 C.1 STATEMENT OF WORK........

7 C.:

TRAVEL APPROVALS (MAR 1987).....

14 SECTION D - PACKAGING AND MARKING.......

15 0.1 PACKAGING AND MARKING (MAR 1987)..

15 SECTICN E - INSPECTION AND ACCEPTANCE................

16 E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)...

16 E.2 PLACE'0F INSPECTION AND ACCEPTANCE (MAR 1987).......

16-SECTION F - CELIVERIES OR PERFORMANCE................

17 F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)...

17 F.2 PREPARATION OF TECHNICAL REPORTS (JUN 1991),.......

17 F.3 PLACE OF DELIVERY--REPORTS (JUN 1988)....

17 F.4 DURATION OF CONTRACT PERIOD (MAR 1987)...........

17

+

ALTERNATE IV (JUN 1988)

SECTION G - CONTRACT-ADMINISTRATION DATA........

19 G.1 INDIRECT COST-RATES (JUN 1988)....

19 G.2 PROJECT OFFICER' AUTHORITY (JUN 1988).

19-G.3 ORDERING PROCEDURES (MAY 1991).

21 G.4 TRAVEL REIMBURSEMENT (JUN 1988) ALTERNATE I (JUN 1988)...

22 G.5 TASV ORDER PROCEDURES (MAR 1987).

22 G.6 ACCELERATED TASK ORDER PROCEDURES (JUN 1988).

24 SECTION H - SPECIAL CONTRACT REQUIREMENTS 25 H.1 KEY PERSONNEL (JUN 1988).

-25 H.2 SAFETY, HEALTH,.AND FIRE PROTECTION (MAR 1987) 26 H.3 DISSEMINATION OF CONTRACT INFORMATION (JUN 1991)......

26 H,4 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUN 1988)..

-26 H.5 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST......--

26-(DEC 1991)

H.6 GOVERNMENT FURNISHED EQUIPMENT /TROPERTY - NONE PROVIDED 30-(JUN 1988) 30 H.7 LICENSE FEE RECOVERY COSTS (APR 1992).

H.8 CONTRACT SECURITY REQUIREMENTS FOR UNESCORTED ACCESS....

30 TO NUCLEAR POWER PLANTS ( APR 1992)

PART II - CONTRACT CLAUSES............

33' 33 SECTION -I _ - CONTRACT CLAUSES..

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N TABLE OF CONTENTS PAGE-1.1 52.252-2 CLAUSES INCCRPORATED Bf REFERENCE (JUN 1988).

33 1.2 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT..

34 INTEGRITY--MODIFICATION (NOV 1990) 1.3 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL.......

36 OR IMPROPER ACTIVITY (SEP 1990) 38 1.4 52,216-18 ORDERING (APR 1984).

15 52.216-19 DELIVERY-ORDER LIMITATIONS ( APR 1984)......

38 1.6 52.216-22 INDEFINITE QUANTITY (APR 1984)..

39 1.7 52.217-9 OPTION TO EXTEND THE TERM OF THE.........

39' CONTRACT (MAR 1989) 1.8 52.222-2 PAYMENT FOR OVERTIME PREM10MS (JUL 1990).....

40 1.9 52.222-18 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING....

40 PAYMENT OF UNION DUES OR FEES (MAY 1992)

PART 111 - LIST OF DOCUMENTS, EXHlBITS AND OTHER ATTACHMENTS....

43

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43 SECTION J - LIST OF ATTACHMENTS..

3 4

J.1 ATTACHMENTS (MAR 1987).

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Section 8 NRC-03-93-031-PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS 8.1 PROJECT TITLE The title of this project is as follows:

Technical Assistance In Support of NRR Programs and-Activities pertaining to Systems Technology (End of Clause]

B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)

ALTERNATE I (JUN 1988) a.

Brief description of work:

The contractor shall provide technical expertise to assist NRC's Division of Systems Technology in accomolishing its licensing and inspection mission, programs and activities on a task-orcering basis in such areas as design and performance of reactor trip systems, engineered safety features actuation systems, actuation instrumentation for essential ancillary support systems and instrumentation and concrol' systems, of f site power grid systems, reactor containment systems, and other auxiliary and support

systems, b,

Orders will be issued for work required by the NRC in accordance with 52.216 Ordering.

Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize-the initia+. ion of work under this contract.

The provisions of this contract shall govern all orders issued hereunder.

[End of Clause]

B.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989).

ALTERNATE I (JUN 1991)

The Maximun Ordering Limitation (MOL) for products and a.

is services ordered, del 1vered and accepted under this contract

$1,421,951.00. The Contracting Of ficer may place orders.with the contractor during the contract period provided the. aggregate amount of sucn orcers does not exceed the MOL.

h.

The nininum quaranteed by the Government under this contract is $355,488.00. The amount currently obligated with respect to this contra: ' is_ $180,000.00.

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ARC-03-93-031 Section B 4

l negotiated for each task order and will be incorporated as a ceiling in the resultant task order.

The-Contractor shall comply with the provisions of 52.232 Limitation of Cost for fully funded task orders and 52.232 Limitation of Funds for incrementally funded task orders, issued hereunder.

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[End of Clause]

l B.4 MINIMUM AND MAXIMUM QUANTITIES

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The minimum quantity that the Government will order and.the contractor $ ball furnish will be at least 25% of the ceiling amount-of-the contract.

The maximum quantity the Government will order and the contractor shall furnish shall not_ exceed the-ceiling emount of the contract.

Therefore, the minimum and maximum amounts are as follows:

i

1. BASE PERIOD OF PERFORMANCE (2 years)

Maximum

$1,421,951.00 Minimum

$= 355,488.00 1

2. OPTION ONE (1 year)

Maximum

$766,687.00 Minimum

. $191,672.00

3. OPTION TWO (1 year)

Maximum

$799,762.00 Minimum

$199,941.00 (End of Clause) 1 I

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NRC-03-93-031 Section C SECTION C - DESCRIPTIO!USPECIFICATIONS/ WORK STATEMENT C.:

STATEMENT OF WORK C.1.1.

BACKGROUND The Office of Nuclear Reactor Regulation (NRR) has responsibility

'or the licensing and regulatory oversight of nuclear power reactors and nonpower research reactors in the civilian sector.

NRR implements regulations and develops and implements policies, programs, and procedures pertaining to all aspects of licensing and inspection of manufacturing, production and utilization facilities, except for those concerning fuel reprocessing plants and isotopic enrichment plants. Also included are (1) receipt, possession and ownership of nuclear materials used or produced at f acilities licensed under 10 CFR Part 50; (2) operation of such facilities; (3) emergency preparedness at such facilities; and (4) contractor and suppliers of such facilities.

NRR involvement begins with the extensive review of applications for construction permits and operating licenses for new reactors, and the complex procedures -including inspections from the outset of plant construction throughout the f acility's eventual operating lifetime

- leading to issuance of permits or licenses, and licensing actions processed thereafter.

NRR identifies and takes action regarding conditions and licensee performance that may adversely affect public health and safety, the environment, or the-safeguarding of nuclear reactor facilities, and-a$sesses and recommends or takes action regarding incidents or accidents.

NRR also provides special assistance as required in mitters involving reactor facilities exempt from licensing, guidance, nd implementation direction.

The Division of System Technology (DST) performs systems related safety evaluations of licensee implementation of approved NRC requirements and changes to existing licenses.

DST performs reviews of applications for new facilities or designs and provides technical expertise for special inspections, projects, progra_ms and policy activities.

It assists the NRC Regional Offices in the resolution of systems problems.

More specif<cally, DST reviews and evaluates functional performance requirements, design and performance of reactor trip systems, engineered safety features actuation systems, actuation instrumentation for essential ancillary support systems and instrumentation and control systems that initiate and regulate the operation of safe shutdown systems.

DST also reviews design and operation of of f tite power grid systems, utility grid and irterconnecting grids, reviews and evaluates functional performance of onsite power systems and interf ace between off site and onsite power systems.

DST also' reviews and evaluates

s Page 8

'AC-03-93-031 Section C functional performance requirements of essential auxiliary and support systems, reactor containment and associated support systems and design features that ensure operator protection.

Included is the new and spent fuel storage, issues related to fire protection, radioactive source term equipment qualification and post fire safe shutdowns.

DST also reviews reactor performance and evaluated thermal-hydraulic aspects of the reactor core under all conditions including core physics.

C.1.2.

CBJECTIVE The objective of this contract is to obtain technical expertise to assist NRR's Division of Systems Technology in accomplishing its licensing and inspection mission, programs and activities on a task-ordering basis in the areas of Systems Technology which encompasses the areas of Instrumentation and Control System.

Electrical Systems, Plant Systems and Reactor Systems.

C.1.3.

TECHNICAL AND OTHER SPECIAL QUALIFICATIONS REQUIRED The contractor shall provide a responsible Project Manager and support personnel as may be required for performance of each task order.

The scope of work involves the application of the following types of disciplines.

Engineering and Scientific Disciplines:

Mechanical Engineering Reactor Physics Electrical Engineering Reactor. Systems Electronics Engineering-Computer Science Instrumentation and Control Fire Protection Nuclear Engineering Balance of Plant Systems Specialized Technical Areas:

Software development, implementation, training and independent verification and Validation Risk and reliability assessment Reactor Construction including management and inspection methocs-and techniques Reactor Design including inspection methods and techniques Thermal Hydraulics-Reactor containment plant systems and related code analysis Reactor _ auxiliary and support systems:

design, operations,

-inspection

'T Fire protection systems: design and inspection Plant start-up and testing Power distribution systems:

design, operation, inspection-Onsite and Offsite Power Systems:

design, operation and inspection Radioactive source term equipment:

design and inspection Reactor thermal hydraulic systems and related code analysis Emergency generating systems, e.g., diesel generators: -design,-

. operation, inspection

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Page 9 N4C-03-93-03]

Section C Reactor core physics and related code analysis Normal and emergency operating procedures Radiation protection Severe accident impact analysis Experience in these disciplines and technical areas must be related to the design, construction, operation, maintenance, and inspection of nuclear power plants.

Emphasis is placed on experience that is related to safety where judgments are made as to whether applicable ccdes and federal regulations are being, or have been, implementad snd/or followed.

The contractor's Project Manager shall have the following responsibilities:

(1) oversight responsibility for all task orders placed under any resulting contract, (2) oversight respcnsibility for the efforts of any contractor's team assembled for each task order placed under any resulting contract, (3) performirg other project management duties necessary for successful completion of task orders and overall contract requirements, and (4) ensuring quality.of deliverables so that all information and data are accurate and complete.

C.1.4.

WORK REQUIREMENTS The work under the contract is estimated to be issued through about 30 task orders over the base period of performance and through about 20 task orders under each option year.

It is possible that more than one task order may be in place simultaneously.

The completion schedule will be determined for each task order when the task order is issued.

The NRC's Division of Systems Technology may issue task orders under this contract within the following program areas to support-the Division's activities.

In the event that NRR management reassigns any of these program areas to anotner Division,-the contractor shall continue to support the reassigned program area even though it supports another Division.

NOTES:

L No advanced reactor work shall be performed under this contract.

2.

In order to avoid contractor organizational conflicts of interest, the statement of work is modified _tc exclude the following:

e a.

No work shall be performed at the following nuclear power plant sites:

1.

WNP 1, 2, ano 3 2.

Palo Verde 1, 2, and 3 3.

Shoreham 4.

Callaway 1 5.

Seabro k 1 and 2 5.

Fitzpatrick

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Page 10 NRC-03-93-031

-Section C b.

In addition, the contractor is precluded from performing the following:

1.

Thermal-hydraulic analysis work for t

Baltimore Gas and Electric (Calvert Cliffs I and 2).

T 2.

Thermal-hydraulic analysis work for Gulf States Utility (River Bend I).

3.

Work involving General Electric._

containment pressure suppression systems.

I C.I.4.I.

DIRECT PROGRAM AREAS POWER REACTOR APPLICATIONS AND INSPECTIONS a.

1.

Provide technical assistance in 'he review of applications for construction permits and operating licenses to evaluate their safety.

Includes review of requests for cancellations and deferrals.

Includes allegation investigation.

-2.

Provide technical assistance in the inspection of reactors under construction in order to audit licensee compliance with NRC rules and regulations and to ensure compliance with the' construction permit that was. issued.

3.

Provide technical assistance related to evaluating a utility's-_ readiness to proceed to.the next major milestones in the construction and pre-operational testing process.

4.

Provide _ technical assistance in developing NRR programs for inspection of reactors under construction, b.

OTHER-THAN-POWER-REACTOR APPLICATIONS'AND INSPECTIONS-i Provide technical assistance in the review of applications for nonpower reactors, proposed 000 and 00E reactor projects and facilities, requests for cancellations and deferrals'of nonpower

-i reactors; assist in the evaluation of requests for the decommissioning of reactors and related support activities; -assist in_the_ inspection of these_ faci _lities.

Includes allegation' investigation of other-than power reactors.

REACTOR LICENSE RENEWAL APPLICATIONS-c.

Provide technical assistance in the review of a'pplications for the

-l renewal of existing reactor licenses and generic ' activities-in

'l support of the License Renewal Program.

d.

REACTOR PERFORMANCE EVALUATION

' Provide. technical assistance in the support of activities-

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s-Page 11 GC-03-93-031 Section C associated with (1) the initial response to unantic.ipated events, (2) the follow-up reviews of operational problems,-(3) design i

investigations, (4) studies of generic safety assessments such as reliability and probabilistic risk assessments (PRA). and (5) sensitivity studies and evaluations of operating experience.

REACTOR ACCIDENT MANAGEMENT EVALUATION e.

I Provide technical assistance in support of the development of r

guidance on conducting operations under severe accident conditions (e.g., in the implementation of the Severe Accident Policy Statement at operating reactors).

f.

REGION-BASED INSPECTION Provide technical assistance in the conduct of inspections of

reactors, g.

LICENSING ACTIVITIES SAFETY EVALUATION Provide technical assistance in the review of plant-specific and multiplant licensing actions including topical reports and other licensing tasks such as amendments, exemptions, relief requests, license modifications, 10-CFR 2.206 petitions to ensure that the safety of the plant is not compromised, and related support activities such as accounting for the. status of the licensing action (s): closure and completion, generically and on a plant-specific basis.

Includes allegation investigation pertaining to operating reactors.

C.1.4.2. SUPPORT ACTIVITIES WITHIN THE_ DESIGNATED _ PROGRAM AREAS Provide technical assistance in the development of automated a.

systems _to include requirements analysis, system design, programming, testing, installation, maintenance, documentation and training of staff.

b.

Technical assistance in the conduct of studies involving the gathering and collection of data and information, data analysis'and synthesis, and production of reports and other referenceable documents and/or. computer files, e..g..-for the close-out of particular issues or for preparation of management reports.

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c.

Technical assistance to support the development of systems to facilitate the implementation of the NRR-licensing and

-inspection programs and to evaluate the ef fectiveness of these programs.

C.1.4.3. FUNCTIONAL TECHNICAL ASSISTANCE WITHIN'THE DESIGNATED-PROGRAM ARIAS.

Provide technical assistance in_ support of the functional a.

performance requirements ana.cesign of reactor trip systems,

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Page 12 W 93-031 Section C j

engineered safety features actuation systems, actuation-4 L

instrumentation for essential auxiliary support systems and instrumentation and control systems provided to initiate and regulate the operation of safe shutdown systems.

b.

Provide technical essistance in support cf the functional performance requirements, design and performance of plant instrumentation which provides information regarding manually 1

initiated and controlled safety functions.

Provide technical assistance in support of the design and-c.

operation of off site power grid systems with regard to interrelationships between the nuclear unit, the utility grid and interconnecting grids.

i d.

Provide technical assistance in support of.the functional i

performance requirements, design and operation of onsite power systems, and the interface b tween the offsite and onstte-power systems, i

I Provide technical assistance in support of the functional e.

performance requirements, design, and performance of-(1) i essential auxiliary and support systems, (2) reactor containment and associated support systems, and (3) design features provided to ensure operator protection from releases of toxic and radioactive gases.

t.

orovide technical assistance in support of the design of new and spent fuel storage and load handling systems, Provide technical assistance in support of the radioactive g.

source term equipment qualifications and-post-fire' safe-shutdowns; the review and evaluation of issues related to fire protection, and review and evaluation of the design.and performance of features provided to prevent the communication of potentially radioactive systems with.Other plant systems.

h.

Provide technical assistance in support of the design process,.

design parameters, and performance of. reactor thermal-hydraulic systems such as the reactor coolant systems, normal and emergency core cooling systems under steady-state, tra:..ient and accident conditions.

.i.

Provide technical assistance in'sunport of the analyses of

-anticipated operational occurrences, postulated accidents-and.

actual operating eAperience from the viewpoint of systems operstion and transient dynamics.

-j.

Provide technical assistance in support of the nuclear.and thermal-hydraulic aspects of the reactor core under steady-state, transient, and accident conditions, and. issues pertaining to core physics, fuel behavior, and core thermal-hydraulic performance.

C.I.4.4. GENERAL-TECHNICAL SUPPORT RELATING TO THE A8OVE PROGRAM a

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'AC-03-93-03!

Eection C AREAS It is anticipated that the contractor shall be required to perform the following support activities in order to accomplish the above described work requirements:

Review and evaluate submittals (technical reports and similar a.

documents, e.g., new license applications and extensions, and modifications to licenses); prepare requests for additional' information (RAls); attend meetings with licensees / vendors at NRC HQ, plant sites; prepare Technical Evaluation Reports, b.

Prepare input to inspection plans and participate in inspection planning meetings; participate as an inspection team memoer in the areas designated; participate in entrance / exit meetings; prepare input for such meetings; preD6re -input to the inspection report; respond to follow-up questions per_taining to the areas inspected, c.

prepare for and travel to a plant site (s) to assess an event (s); participate in meetings to assess the cause of the event and recommend affect on plant safety at the plant where event occurred and potential-af fect at other plants; perform follow-up assessments and root-cause analysis; prepare i

l technical reports of causes and recommend solution (s),

d.

Perform reliability and probabilistic risk assessments and sensitivity studies to assess impact on plant safety'for plant-specific and multi-plant issues.

3 e,

Review, evaluate, and investigate issues and problems, e.g.,

allegations, identify NRC regulations that may have been violated, and prepare technical reports of results, f.

Perform needs analysis, assess current systems, data collection, develop databases and/or computer sof tware and/or enhancements to existing system, install software, develop _

i user. manual, provide hands on training _and written documentation, perform independent verification and validation and provide maintenance of the syster.

g.

Provide expert testimony on problems, issues, and allegations i

at public hearings and other-similar events, C.1.5.

MEETINGS AND TRAVEL.

Each task order will specify any-required travel including _ foreign travel.

Each trip will be listed separately.

C.1.6.

NPC-FURNISHE0 HATERIALS Any required documents or information to be provided by NRC for performance of work will be identified in each task order.

l C.1. 7, OTHER. APPLICABLE INFORMATION

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Pace 1;

,qc.93 93.n31 Section C Each task order will state wnether or not the work is license fee recoverable.

[End of Clause)

C.2 TRAVEL APPROVALS (MAR 1987)

All domestic travel recuires the prior approval of the a.

Project Officer.

b.

All foreign travel must be approved in advance by the NRC on NRC Form 445 and shall be in compliance with 52.247-63, Preference For U.S. Fleg Air Car-iers.

Such approval will be communicated in writing through the Contracting Officer.

[End of Clause)

Page 15 NRC-03-93-03)

Section 0 SECTION D - PACKAGING AND MARKING 0.1 PACKAGING AND MARKING (MAR 1987)

The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination.

Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Frsight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

[End of Clause) t I'

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r SECTION E - INSPECTION AND ACCEPTANCE r

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available, NUMBER TITLE DATE 52.246-5 INSPECTION OF SERVICES APR 1984

- COST-REIMBURSEMENT

[End of Clause]

E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)

Inspection and acceptance of the deliverable items-to be furnished hereunder shall be made by the Project Officer at the-

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[EndofClause]

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Page 17 NRC-03-93-031 Section F j

SECTION F - DELIVERIES OR PERFORMANCE F.;

52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon reouest, the Contracting Officer will make their full text available.-

NUMBER TITLE DATE l

52.212-13 STOP-WORK ORDER AUG 1989 Alternate I (APR 1984)

[End of Clause]

F.2 PREPARATION-0F TECHNICAL REPORTS (JUN 1991)

All tecnnical reports required by Section C and all Technical Progress Reports reouired by Section F are to be prepared in accordance with the attached NRC Handbook 3.8.

NRC Handbook 3.8 is not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may-be-included in this contract.-

(See Section J for List of Attachments).

[End of Clause]

F.3 PLACE OF DELIVERY--REPORTS (JUN 1988) a

-The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

(a) Project Officer (5 copies)

U.S. Nuclear Regulatory Commission Attn: Harold Polk Mail Stop 12 H26 Plannirig, Program & Management-Support Branch Office of Nuclear Reactor Regulation Washington,-DC 20555 (b) Contracting Officer (1 copy)

[EndofClause]

F.4 DURATION OF CONTRACT PERIOD (MAR 1987)

ALTERNATE IV (JUN 1988)

The ordering period for this' contract shall commence on 12/21/92_

and will expire on 12/20/94.

Any orders issued during this:

period;shall: be completed within the time specified in the' order,

. ~...

Page 18 NRC-03-93-031 Section F unless otherwise specified herein.

(See 52.216 Ordering.)

-l The term of this contract may be extended at the option of the l

Government for an additional two one year option periods.

i

[End of Clause) t P

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Page 19 NRC-03-93-031 Section G i

i SECTION G - CONTRACT ADMINISTRATION DATA t

i G.1 INDIRECT COST RATES (JUN 1988) a.

Pending the establis0 ment of final indirect rates which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs as follows:

l CATEGORY RATE (%)

COST BASE APPLICABLE PERIOD Labor Overhead t

Eastern Div.

99.00%

Total direct Effective date labor thru 1/31/93 (Eastern Div.)

Western Div.

88.85%

Total direct Same as above labor (Western Div.)

P Eastern Div.

100.00%

Total direct 2/1/93 thru labor expiration (Eastern Div.)

date Western Div.

90.00%

Total direct Same as above labor (Western Div.)

G&A 12.00%

Total direct Effective date Cost and.

thru 1/31/93 Overhead i

12.43%

Total direct 2/1/93 thru Cost and expiration Overhead date-b.

The Contracting Officer may adjust the above rates as appropriate during the term.of the contract upon acceptance of any revisions proposed by the Contractor. -It is the Contractor's responsibility to notify the Contracting Officer;in accordance with-52.232 Limitation of Cost or 52.232-22 Limitation of _

q Funds, as applicable, if such change (s) affect (s) performance of work within the. established cost or funding. limitations.

[End of Clause]

G.2 PROJECT OFFICER AUTHORITY (JUN 1988)

+

.(a) The Contracting Officer's authorized representative hereinafter referred.to as the Project Officer for-this contract is:

_ _. - _.. _. _ _ _, _ ~

= -

l Page 20 NRC-03-93-031 Section G Name:

Harold Poi (

Addrest U.S. Nuclear Regulatory Commission Mail Stop 12 H26 Planning, Program & Management Support Branch Office of Nuclear Reactor Regulatica Washington, DC 20555 Telephone Number: (301) 504-1264 (b)

Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer.

The term " Technical Direction" is defined to include the following:

(1) Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, fills in details or otherwise serves to accomplish the contractual >tatement of work.

(2) Provide advice and guidance to the Contractor in the preparation of drawings, specifications or technical portions of the work description.

(3) Review and, where required by the CJntract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.

(c) Technical direction must be within the general statement of work stated in the contract.

The Project Officer does not have the authority to and may not issue any technical direction which:

(1) Constitutes an assignment of additional work outside the general scope of the contract.

(2) Constitutes a change as defined in the " Changes" clause of this contract.

(3)

In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, er the time required for contract performance.

(4) Changes any of the expressed terms, conditions or specifications of the contract.

(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.

(d)- All technical directions shall be issued in writing by the Project Of ficer or shall be confirmed by such person in writing within ten (10) working days af ter verbal issuance.

A copy of said written direction shall be furnished to the Contracting Officer.

e o1ce :1 NRC-03-93-031 Section G (e)

The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this clause and within such person's authority under the provisions of this clause.

(f)

If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in c above, the Contractor shall not proceed but shall notify the Contracting Of fic-- in writing within five (5) working days after tne receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.

Upon receiving such notification from the Contractor, the Contracting Officer shall issue an approDriate contract modification or advise the Contractor in writing that, in the Contracting Of ficer's opinion, the technical direction is within tne scope of this article ano does not constitute a cnange under the Changes Clause.

(g) Any unauthorized commitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's performance and may even result in the Contractor expending funds for unallowable costs under the contract.

(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to 52.233 Disputes.

(1)

In addition to providing technical direction as defined above, the Project Officer 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) Assisting the Contractor in the resolution of tecnnical problems encountered during performance.

(3) Reviewinn all costs requested for reimbursement by the Contractor and submitting to the Contracting Officer recommenaations for aoproval, disapproval, :r suspension of payment for supplies and services required under this contract.

[End of Clause]

G.3 ORDERING PROCEDURES (MAY 1991)(See Task Crcer Procecures, Section 1.5) a.

In additio' to the contracting officer, contract administrator, and project officer, the following incividuals are authorized to issue celivery orders under *.nis contract:

b, All delivery orders shall be prepared in accordance with FAR

t Pace 22 NRC-03-93-031 Section G l

16.506 and may be issued in writing, orally, or by written telecommunications.

t

[End of Clause]

G.4 TRAVEL REIMBURSEMENT (JUN 1988) ALTERNATE I (JUN 1988) a.

The Contractor is encouraged to use Government contract airlines, AMTRAK rail service, and discount hotel / motel properties in order to reduce the cost of travel under this contract.

The Contracting Officer will, upon request, provide each additional i

traveler with a letter of identification which is required in order to. participate in this program.

The Federal Travel-Directory (FTD) identifies carriers, contract fores, schedules, payment conditions, and hotel / motel propertie* which offer their-services and rates to Government contractor personnel traveling _on official business under this contract.

The FTD, which is issued monthly, may be purenased from the U.S. Government Printing-Office, Washington, DC 20402, b,

The Contractor will be reimbursed for reasonable domestic travel costs -incurred directly and specifically in the performance of this contract.

The cost limitations for travel costs-are determined by the Federal Travel Regulations that are in effect on the date of the trip. These -Regulations specify the daily maximum per diem rates for specific localities within the Conterminous United States (CONUS), the standard CONUS rate,'the allowance-for meals and incidental expenses (M&IE), the cost of travel by privately owned automobile, and the items which require receipts.

A copy of the Regulations may be obtained from the Superintendent of Documents, Government Printing Office,-Washington, DC 20402.

c.

When the Government changes the Federal Travel Regulations, it is the responsibility of the Contractorfto notify the Contracting Of ficer in accordance with the Limitation' of Cost _

~ clause of this contract if the Contractor will be unable to make all of the approved trips and remain within the cost and fee limitations of this contract due to the changes.

d.

The rates for foreign-travel are established by the U.S.

Department of State and are listed in a publicati 1 entitled

" Maximum Travel Per: Diem Allowances For Foreign Areas".

Copies of this publication may be obtained from the U.S.-' Government Printing Office, Washington, D.C. 20402.-

[End of Clause]

G.5-TASK _0RDER PROCEDURES. (MAR 1987) a.

Task Order Request for Proposal When a requirement 1within the scope of work for this contract is identified, the Contracting.0f ficer will transmit to the Contractor a Task Order Request for Proposal which will include

-the following, as appropriate:

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paae :3 NRC-03-93-031 Section G (1) Scope of Work / Meetings /Tra<el and Deliverables.

(2) Reporting Requirements.

(3) Period of Performance - Place of Performance.

(4) Applicable Special Provisions.

(5) Technical Skills Required.

(6) Estimated Level of Effort.

b.

Task Order Proposal By the date specified in the Task Order Request for proposal, the Contractor shall deliver to the Contracting Officer a written Task Order Proposal that provides the following technical and cost information, as appropriate; o

(1) Technical Proposal Content.

(A) A discussion of the scope of work requirements to substantiate the Contractor's understanding of the requirements of y,y the Task Order and the Contractor's proposed method of approach to meet the objective of the order, e

(B) Resumes for professional personnel proposed to be atilized in the performance of any resulting task order. Inchade educational background, specific p?rtinent work experience and a list of any percinent publications authored by the individual.

(C)

Identification of administrative support personnel and/or facilities that are needed to assist the professional personnel in complating work or the task order.

(D) Identification of ' Key Persormel" and the number of

~

stn'f.1ours ta4t will be committed to completion of work on thc Task Orcer.

(2) Cost Proposal.

The Cunt actor's cost,oposal for each Task Order shall be prepared usin, the Standard Form 1411, Contract Pricing Proposal cover sheet.

A copy of the form and instructions are attached to this contract, Each Task Order cost proposal shall be fully supported by cost and pricing data adequate to establish the reasonableness c+ the prnposed amounts.

When the Contractor's estimated cost for the proposed Task Order exceeds $100,000 and the period of performance exceeds six months, the Contractor may be required tu submit a Contractor Spending Plan (CSP) as part of its cost proposal.

The Task Order Request for Proposal will indicate if a CSP is required.

c.

Task Order Award The Contractor shall perform all work describad in definitized Task Orders issued by the Contracting Officer. Definitized Task Order: sill include the following:

i

7-

'NRC-03-93-031 Section G-1'

.(1) Statement of Work / Meetings / Travel and Deliverables.

(2) Reporting Requirements.

(3) Period of Performance.

(4)' Key Personnel.

(5) Applicable Special. Provisions.

(6) Total Task Order amount.

[End of Clause]

G.6 ACCELERATED TASK ORDER PROCEDURES (JUN 1988) a.

-The NRC may require the Contractor to commence work before receipt of a definitized Task Order from-the Contracting Officer.

Accordingly, when the Contracting Officer verbally authorizes,=the Contractor shall preceed with performance of the Task Order subject-to the menetary limitation est:blished for the-Task Order.

by the Contracting Officer, b.

When this accelerated procedure is employed by.the NRC,-the Contractor agrees to begin promptly negotiating,with-the Contracting Officer the termslof a definitive Task Order and agrees to submit a cost proposal with supporting cost-or pricing data.

If agreement en a definitized Task Order is not-reached by; the target date: mutually agreed upon by the Contractor and-Contracting Officer,-the Contracting Officer may determin, a reasonable price and/or fee in accordance with Subpart 15.Biand Part 31 of the FAR, subject -to Contractor ' appeal. as provided 'in -

52.233 Disputes.

In any event, the Contractor'shall: proceed' with completion of the Task Order, subject only'to the monetary-limitation-established by the-Contracting Officer and the1 terms and conditions of the basic contract.

[End of-Clause]--

6

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page 25 NRC-03-93-031-Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H,1 KEY PERSONNEL (JUN 1988)

The following individuals 'are considered to be essential to a.

the successful performance of the work hereunder:

A Baione M. Patte,rson D. Prelewicz' F.-Quinn J. Meyer V. Panciera L. Crocker_

R. Tedesco The Contractor agrees that such personnel shall not be removed i

from the contract work or replaced without cotopliance with paragraphs b and c hereci.

b.

If one or more of the key sersonnel for whatever reason becomes, or is expected to become, unavailable for work under this contract.for a continuous period exceeding 30 work days, or-is.

expected to devote substantially less. effort to_the work than indicated in the proposal or initially anticipated, the Contractor shalltimmediately notify the Contracting Officer and shall, subject-to the concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially-equal ability and qualifications.

All requests for approval of substitutions hereunder must'be c.

in writing and provide 4 detailed explanation of the circumstances necessitating the proposed substitutions, They contain a complete resume for the proposed substitute, and other information_

requested by-the Contracting Officer to approve or disapprove the i

proposed substitution. The Contracting Officer will evaluate such requests and promptly notify-the Contractor of his/her approval or-r disapproval thereof in writing.

d.

If the Contracting Officer determines that:

(1) Suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract _ work is not reasonably forthcoming; or.

(2) That the resultant reduction of effort would be so

-substantial.as to impair the successful-completion of the contract or the service order, the_ contract may_be terminated by.the Contracting Officer for default or for the convenience of the Government, as appropriate. If the Contracting Officer finds the Contractor at fault' for the condition, the _ contract price or: fixed fee may-be_ equitably' adjusted' downward to compensate the Government for any resultant delay, loss or damage.

[End of Clause]

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___._.m Page 26 NRC-03-93-031 Section H H.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987)

'l The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all hazards to life and property and shall comply with all applicable health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Labor.

In the event that the Contractor fails to comply with these regulations or requirements, the Contract'ng Officer, may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Officer.

The Contractor shall make no claim for an extension of time or for compensation er damages by reason of or in connection with such work stoppage.

[End of Clause]

H.3 DISSEMINATION OF CONTRACT INFORMATION (JUN 1991) 4 =

The Cnntractor shall comply with the requirements of the attached NRC Handbook 3.8 and, if applicable, NRC Manual Chat ter 3206 (See Section J for List of Attachments) regarding publications cr dissemination to the public of any information,

'ral or written, concerning the work performed under this ontract.

Failure to comply with this clause shall be grounds for termination of this contract.

[End of Clause]

H,4 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUN 1988)

Except.as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished to the Contractor in the performance of this contract shall be used only in connection with the work under this contract,

[End of Clause]

H.5 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (DEC 1991).

(a) Purpose.

The primary purpose of this clause is to aid in ensuring that the contractor:

(1) Is not placed tr a conflicting role because of current or planned interests '#1'incial, contractual, organizational, or.otherwise) 4.;h relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage 4

over other parties by. virtue of its performance of. this contract.

Pace 27 9

Section H NRC-03-93-031-(b)-Scope.

The rest-ictions described apply to performance or participation by.the contractor as defined in Section I,." Scope-of Policy," paragraph C, of document entitled "NRC Organizational-Conflicts of -Interest'? (see Section J, List of Attachments).

(c) Work for others.

-(1) Notwithstanding any other provision of this contract, during the. term of this contract the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization,.the result of 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.under this contract abide by the provision of this clause. If the contractor has reason =to believe. with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the 3

written approval of the contracting officer prior to execution of such contractual arrangement.

(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC-audit, inspection, or review where.the activities that are the subject of the audit, inspection, or review are the same as cr substantially similar to the services within the scope of this contract (or-task order as appropriate), except where the NRC licensee or appitcant requires the contractor'.s support to explain or defend the contractor's prior work for the utilityLor other entity which NRC questions.

(3) When the contractor performs work for the NRC under this centract at any NRC licensee or applicant site, the enntractor shall neither-solicit nor perform work at the site or work in the same technical area for'that' licensee or: applicant organization for a period commencing-with the award of the task-order or beginning of work on the site'(if not-a task order contract)'and ending one year'after completion of all: work under the associated task order, or last tima at the site-(if not a task -

order contract).

(d) Disclosure after award.

(1)_ The. contractor warrants that to;the best of_its kncwledge and belief,'and except as otherwise set forth_in this it does not :have.any organizational conflicts of

contract, interest as defined in Section II, " Definitions," paragraph F, of the _ document entitied "NRC Organizational Conflicts of-Interest" (see Section J, List of Attachments).

(2) -The contractor agrees that, if after award,-it discovers organizational-conflicts.cf interest with respect to-

.this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement mustiinclude a

m... _ _._

-.. Page 28 NRC-03-93-031 Section H description of.the action which the contractor has taken or proposes toEtake to avoid or mitigate such conflicts.-

The NRC may, however, terminate the contract if termination is in.the best interest of the Government.

(3)

It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities. Consequently, if this is a task order-type contract, the contractor agrees that it w;11 disclose all proposcd new work involving NRC licensees or applicants that comes within the scope of work of the underlying contract _Such disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity whenever possible, and must be received by the NRC at least 15. days before the proposed award date in any event.

The disclosure must include the statement of work anu any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity.

NRC may.

deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site specific, the site, or when such work violates (c)(3), above.

(e) Access to and use of information.

T.

(1)

If -in the performance of this. contract.the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal _ data-protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)) or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:

(i) Use this informatinn for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on-the information for a period of six months af ter either the completion of-this contract or-the release of-the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the _information to the public; or (iv) Relaase the information without prior written-approval by the contracting officer unless the:information has L

previously been released to the public by the NRC.

(2)

In addition, the contractor agrees-that,Lto the extent it receives _or is given access to proprietary data, data-protected-by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)) or the Freedom of Information Act (5 U.S.C. Section 552-(1986)), _or other confidential-or. privileged technical, business, or financial information under this contract, the contractor,shall treat the information in-accordance with restrictions _placec on

J Page 29 NRC-03-03-031 Section H use of the information.

(3)

Subject to catent and security provisions of this contract, the contractor shall have,the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.

(f) Subcontracts.

Excent as provided in Section II,

" Definitions," paragraph I, of the document entitled "NRC Organizational Conflicts of Interest" (see Section J, List of Attachments), the contractor shall include this clause, including this paragraph, in subcontracts of any tier.

The terms contract, contractor, and contracting officer, must be apprcpriately modified to preserve the Government's rights.

(g)

Remedies.

For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract, or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.

(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in Section VII, " Waiver," paragraph A, of the document entitled "NRC Organizational Conflitts of Interest"

( see Section J, List of Attachments).

(i)

Follow-on effort.

The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefore (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract.

Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting, management support services work, or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.

(1) If the contractor, under this contract, preoares a complete or essentially complete statement of work or specifications, the contractor is nut eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.

(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items

Page 30 NRC-03-93-031 Section H to the Government.

[End of Clause]

H.6 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (Jul 1988)

The Government will not provide any equipment / property under this contract.

[End of Clause]

H.7 LICENSE FEE RECOVERY COSTS (APR 1992)

Included as an attachment in Section J are billing instructions for license fee recovery costs.

This information must be submitted by the contractor in conjunction with the monthly invoice.

[End of Clause]

H.8 CONTRACT SECURITY REQUIREMENTS FOR UNESCORTED ACCESS TO NUCLEAR POWER PLANTS ( APR 1992)

Performance under this contract will involve unescorted access to protected and vital areas of nuclear power plants or access to unclassified Safeguards Information (SGI).

Individual contractors requiring access to protected and vital areas of nuclear power plants or access to unclassified SGI will be approved for unescorted access in accordance with the following procedures:

A.

TEMPORARY APPROVAL 1.

The contractor shall submit the following within 30 calendar days following contract award, modification, or proposal of new personnel for contract tasks.

This information shall be provided for each person proposed to perform tasks requiring unescorted access to nuclear power plants or access to unclassified SGI.

The information shall be provided to NRC Division of Security (SEC) through the NRC Project Officer.

The information to be provided is as follows:

a completed Personnel Security Forms Packet, including a SF-86, " Questionnaire for Sensitive Position," copies of their five-year employment and education history checks, including verification of highest degree obtained; a reference fro at least one additional person not provided by the individual; results of a psychological evaluation; and a certification that the contractor has found all checks acceptable. The results of a psychological examination shall be a determination of a subject's reliability and stability using a reliable written personality test or any other professionally accepted clinical evaluation procedure.

The contractor shall review all required information for accuracy, completeness, and legibility, except Part 2 of the SF-86 which is required to be

Page 31 NRC-03-93-031' Section H completed in private and suomitted by the individual to the contractor in a sealed envelope; or, 2.

The indivirtual will arrange to be fingerprinted by the subject utility, and_the contractor will submit to the-utility's access authorization program.

~

3.

In item A.1 above, SEC will conduct criminal.histnry and credit checks and a security assurance interview with the-individual.

4.

Based on the result of these checks,-SEC will determine the individual's eligibility for temocrary access and provide an objection or no objection to the sp...soring Office pending completion of the required background investigation.

B.

FINAL APPROVAL 1.

The individual has completed processing-(by OPM) of.the required investigation resulting in NRC endorsement for unescorted access at all nuclear facilities for the life of the contract; or 2.

Contractor has obtained unescorted access authorization (other than temporary _ access) at the specific utility through that utility's access autnorization program, resulting in unescorted access at a specific facility; or 3.

The individual possesses a valid government issueo clearance es verified by SEC.

A valid government-issued clearance is defined ar s U.S. Government-issued security clearance equivalent to or nigher than an NRC "L" clearance (e.g., Secret) based on a comparable' investigation not more_than five years old.

4.

The investigation in B.1 above may involve a National Agency: Check with Inquiries and Credit (NACIC) or other investigation as deemeA necessary by SEC in accordance with 10 CFR Part 10 and NRC Appendit 2101, Part-VI. Any question regarding the individual's eligibility for unescorted access to protected or vital area-of nuclear power f acilities will be rasolved in-accordance with the' provisions as--set-forth-in-10_CFR Part 10,-

which is incorporated -into the contract by _ reference as though-fully set forth therein.

5.

The contractor shall submit for each contractor.

individual approved for. access under the provisions of sections _A and B above, to SEC through the Project Officer,La-signed statement from.the individual that,he or she understands his or-her responsibility to _ report information; bearing'on his or her continued eligibility for access authorization as specified in 10-CFR Part 10, Section 10.1," Criteria."

6.

Access to unclassified SGI not also involving _unescortedt access to protected and vis.1 areas of nuclear power plants-will require the submission of a completed Personnel ~ Security Forms -

Packet to_SEC through the Project OfficerLand may require _a R

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.a

Page 32 NRC-03-93-031 Section H National Agency-ChecA (NAC) lor other investigation deemed necessary by the NRC in accordance with 10 CFR Part 10 and NRC Appendix 2101, Part VI.

Any question regarding-the individual's eligibility for access to nuclear power reactor SGI will be resolved in accordance with the provisions' set forth in 10 CFR Part 10, which is incorporated into this contract by reference as though fully set forth herein.

Eased on the review of the applicant's security forms by SE' and/or the receipt of adverse information by NRC, the individual may be denied access to nuclear power reactor SGI until a final determination of his or her eligibility for access is made under the provisions of 10 CFR Part 10.

During the processing by SEC of new individuals for access to nuclear power reactor SGI, access may be granted under licensee programs.

C.

FITNESS FOR DUTY Pursuant to NRC policy, all individuals proposed for work under this contract who require unescorted access to nuclear power plants will be subject to the requirements of the licensee's Fitness-for-Duty program.

D.

BASIC EXPOSURE CONTROL AND PERSONNEL DOSIMETRY TRAINING REQUIREMENTS The contractor shall certify that personnel utilized-under the scope of work herein have completed basic exposure control and l.

personnel dosimetry training tufficient to meet the requirements of commercial nuclear power plants for unescorted access.

Site specific training obtained at each site will still be required during the performance of work under this contract in addition to the basic training.

1

[End of Clause]

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NRC-03-93-031 Section I PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)

This contract incorporates one or more clauses by reference,-

with the same force and effect as if they were given.in full text.

Upon request, the Centracting Officer will make their full text available.

I.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE

.DATE 52.202-1 DEFINITIONS SEP 1991 52.203-1 0FFICIALS NOT i0 BENEFIT APR 1984 52.203-3 GRATV1 TIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR JUL 1985 SALES TO THE GOVERNMENT 52.203-7 ANTI-KICKBACK rROCEDURES OCT 1988 52.203-12 LIMITATION ON PAYMENTS TO JAN 1990 INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.209-6 PROTECTING THE GOVERNMENT'S NOV 1992 INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-1 EXAMINATION OF RECORDS BY APR 1984 COMPTROLLER GENERAL-52.215-2 AUDIT - NEGOTIATION DEC 1989 52.215-22 PRICE REDUCTION FOR DEFECTIVE JAN 1991 COST OR PRICING DATA 52.215-24 SUBCONTRACTOR COST OR-DEC 1991 PRICING DATA-52.215-27 TERMINATION OF DEFINED BENEFIT SEP 1989 PENSION PLANS 52.215-33 ORDER OF PRECEDENCE JAN 1986

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52.215-39 REVERSION OR ADJUSTMENT OF FLANS JUL 1991 FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.216-7 ALLOWABLE COST AND PAYMENT JUL 1991 52.216-8 FIXED FEE APR 1984 52.219-8 UTILIZATION OF SMALL BUSINESS FEB 1990 CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13' UTILIZATION 13F V0 MEN-0WNED AUG 1986 SMALL BUSINESSES 52.220-3 UTILIZATION OF LABOR SURPLUS.

APR 1984 AREA CONCERNS 52.222-3 CONVICT LABOR-APR 1984-

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.NR 9 -031

- Sect 1on_I-C 3

52.222-26 EQUAL OPPORTUNITY

-APR 1984 Sc.222-28

- EQUAL OPPORTUNITY PREAWARD-APR 1984 CLEARANCE OF SUBCONTRACTS l

52.222-35 AFFIRMATIVE ACTION FOR SPECIAL APR 1984 DISABLED AND VIETNAM ERA VETERANS 52.222-36 AFFIRMATIVE ACTION FOR APR 1984-HANDICAPPED WORKERS 52.222-37 EMPLOYMENT REPORTS ON SPECIAL JAN 1988 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 52.223-2 CLEAN AIR AND WATER

' APR 1984 52.223-6 DRUG-FREE WORKPLACE JUL 1990 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN MAY 1992 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT-APR 1984 52.227-2 NOTICE AND ASSISTANCE REGARDING APR 1984 PATENT AND COPYRIGHT INFRINGEMENT.

52.228-7 INSURANCE - LIABILITY TO THIR0 APR 1984 PERSONS 52.230-3 DI$ CLOSURE AND CONSISTENCY OF-AUG 1992 COST-ACCOUNTING PRACTICES 52.230-5 ADMINISTRATION OF COST ACCOUNTING AUG 1992 STANDARDS 52.232-17 INTEREST JAN 1991 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMEN7 0F CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT SEP 1992 S2.232-28 ELECTRONIC FUNDS TRANSFER APR 1989 PAYMENT METHODS 52.233-1 DISPUTES DEC 1991 52.233-3 PROTEST AFTEL AWARD AUG 1989 Alternate-I (JUN 1985) 52.242-1 NOTICE OF INTENT T0 DISALLOW COSTS __APR 1984 BANKRUPTCY APR 1991 52.242-13

_ CHANGES - COST-REIMBURSEMENT AUG 1987 52.243-2 Alternate I (APR 1984)

SUBCONTRACTS (C0ST-REIMBURSEMENT JUL 1985 52.244-2

' AND LETTER CONTRACTS)-

APR 1984-52.244-5

- COMPETITION-IN SUBCONTRACTING

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52.246-25 LIMITATION OF LIABILITY-- SERVICES APR 1984 52.249-6 TERMINATION (COST-REIMBURSEMENT)

-MAY 1986-52.249-14 EXCUSABLE DELAYS APR 104-

[End of Clause]

!.2-52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION (NOVL1990) 4 (a)- Definitions.

The definitions set forth-in FAR 3;104-4 are

- hereby incorporated ~in this clause.

(b).The. Contractor agrees that_it will execute-_the

-certification set forth tr. paragraph (c)-of this clause when.

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-requested by the Contracting Of ficer in connection with t e

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_ NRC-03-93-031 Section I executionofany.modificationof[thiscontractl (c) Certification.

As required in paragraph (b) of this clause, the of ficer or employee responsible for the modification.

proposal shall execute the following certification:

CERTIFICATE 0F PROCUREMENT INTEGRITY--

MODI'rICATION (NOV 1990)

(1)

I, [Name of certifier]

, am-the officer or employee responsible for the preparationLof this modification proposal and hereby certify that, to the best of my knowledge and belief, with the exception of'any information-described in this certification, I have no information concerning a violation or possible violation of. subsection 27(a), (b), (d),

or (f) of.the Office of Federal Procurement Policy Act, as amended * (41 U.S.C. 423), (hereinafter referred to as "the Act"),.

as implemented in the FAR, occurring during the conduct of this procurement (contract and modification number).

(2) As required by subsection 27(e)(1)(B) of the Act, I further certify that _to the best of my knowledge and belief, each-officer, employee, agent,. representative, and consultant of [Name ofOfferor]

who has participated personally and substantially in the preparation-or submission of this proposal has certified that he or she is f amiliar with, and will' comp'.y with, the requirements of ' subsection 27(a) of the Act, 7

as implemented _in the FAR, and will report immediately to' me any information concerning a violation or possible violation of subsections 27(a), (b), (d), or (f) of the Act, as implemenced in the FAR, pertaining to this procurement.

(3) Violations or possible violations:

(Continue on plain bond paper if necessary and label Certificate _of Procurement Integrity--Modification (Continuation Sheet), ENTER "NONE" IF NONE

-EXISTS) o

[ Signature of-the officer or employee responsible for the modification proposal and date]

[ Typed name of the officer or_ employee responsible for the

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modification proposal)

  • Subrections 27(a),.(b), and (d) are effective on' December 1, 1990.-Subsection 27(f) is.ffective on June 1, 1991.

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A-Page 36 NRC-03-93-031-Section I THIS CERTIFICATION CONCERNS A MATTER WITHIN THE' JURISDICTION OF

- AN AGENCY OF THE _ UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.

(End of Certification)

(d) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing Contractor responsible for the offer or bid, may rely upon a.one-time certification from each individual required to submit a certification to the competing Contractor, supplemented by.

periodic training._ These certifications shall be obtained at the-earliest possible date after an individual required to certify

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begins employment or association with the contractor.

If a contractor decides to rely on a certification executed. prior to the suspension of section 27 (i.e., prior _to December 1, 1989),

the Contractor shall ensure that an individual who has so certified is notified that-section 27 has been reinstated. These-certificati?nt shall be maintained by the Contractor for a period of 6 years-from the date a certifying employee's employment with the company ends or, for an agency, representative, or consultant, 6 years-from the date.such individual ceases to act ou behalf of the contractor.

(e) The certification required by /cragraph (c) of_ this clause is a material representation of. fact upon which reliance will be placed in e ecuting this modification.

[End of Clause]

I.3 52.203-10 PRICE OR' FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990)

(a) The Government, at_its election, may reduce the price of a fixed price type contract or contract modification and.the total cost and fee under a cost-type contract or contract modification by the amount of profit or fee determined as' set forth-in paragraph (b). of this clause if the head of the contracting activity or his or_her designee determines that there was a violation of subsection -27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423),.as: implemented'in the FAR.

In the case of a1 contract modification'. the fee subject to reduction is the fee specified in the particular contract modification-at the time of_ execution, ext:pt as provided in subparagraph (b)(5):of this clause.

(b) The price or fee reduction referred to in paragrapn (a) of this clause shall be--

For cost plus-fixed-fee contracts, the amount of.the: fee (1) specified in the contract _at'the time of award;

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2 (2) For. cost plus-incentive-fee contracts,.the target-fee a.

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1 Page 37 NRC-03-93-031 Section I

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i specified in the contract at the time of award, notwithstanding any minimum fee or " fee floor" specified in the contract; (3)

For-cost-clus-award-fee contracts--

(1) The base tee established in the~ contract at the time of contract award-(ii) If no base fee is specifted in the contract, 30 percent of the amount of each award fee otnerwise payable to the Contractor for each award fee evaluation period or at each award-fee determination point.

(4)

For fixed price-incentive contracts, the' Government may---

(i) Reduce 1the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or (ii)- If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing _ provisions, the Contracting Officer may defer.such adjustment until establishment of the total final price of the contract.

The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced-by an amount equal to the initial target profit specified in the contract at ~

the time of contr6ct award and such reduced price shall be the total final contract price.

(5) For~ firm-fixed price contracts or contract modifications, by 10 percent of the. initial contract price; 10 percent of the-J contract modification price; or a profit amount determined by the Contracting Officer-from records or documents in existence prior to the date of the contract awaro or modification.

(c) The Government may, at its election, reduce a prime E

contractor's price or fee in accordance with the procedures-of -

L paragraph (b) of_ this clause for violations of the Act by its; subcontractors by an amount not to exceed the amount of profit or j

- fee reflected in the subcontract at the time the subcontract was l4 first definitively priced.

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(d)

In addition to.the remedies in paragraphs (a) and (c) of j

this clause, the Government may terminate this contract for de f aul t.

The right: and remedies of the Government.specified-p herein are not exclusive,.and are in addition to any_other rights and remedies provided by law or under this contract.-

[End of Clause]

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~NRC-03-93-031 Section I I.4 52.216-18 ORDERING ( ApR 1984) (See Task Order Procedures. Section G.5)

(a) Any-supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. -Such' orders may be issued from the ef fectf ve date of the contract throug.1 end of period of performance.

(b) All delivery orders are subject to the terms and conditions of this contract.

In the event of conflict between a deliv9ry order and this contract, the contract shall control.

(c) If mailed, a delivery order is considered " issued" when the

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Government deposits the order in the mail.

Orders may be issued.

orally or by written telecommunications only if authorized in the Schedule.

[End of Clause]

I.5 52.216-19 DELIVERY-ORDER LIMITATIONS ( APR 1984)

(a) MINIMUM ORDER. When the Government requires supplies or services covered by this contract in an amount of less than N/A, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) MAXIMUM ORDER. The Contractor is not obligated to honor---

(1) Any order for a single item in excess of N/A; (2) Any order for a combination of items in excess of N/A; (3) A series of orders from the same ordering office within N/A days that together call for quantities exceeding the-limitat ton-in subparagraph-(1) or (2) above.

(c) If this is a requirements contract-(i.e., includes. the Requirements clause at subsection 52.216 of the Federal Acquisition Regulation (FAR)), the Government i s r,ct.renuired to order a part of any one requirement from the Contractor if that req *Jirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the'. Contractor shall honor any order exceeding the maximum order limitation,s in p

paragraph' (b),: unless that order (or orders) i s returned to ' the.

ordering of fice within. N/A days af ter issuance, with written notice stating the Contractor's intent not to ship the. item (or:

items) called for andLthe reasons.

Upon receiving this notice, the Government may ' acquire the supplies or services from another.

source.

-[End of Clause]

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Page 39-Section !

NRC-33-93-031 I.5 52.216-22 INDEFINITE QUANTITY (APR 1984).

(a) This_is an indefinite quantity contract for_the supplies or

_ services specifled,_and effective for the period-stated,-in the Schedule.

The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized-by i

orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the tupplies or servNes specified in the Schedule up to and including the quantity designated in the Schedule as the

" maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the " minimum."

(c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit or the number of orders that may be issued.

The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract a,d not comoleted within that _ period shall be completed The by the Contractor within the time specified in the order.

contract shall govern the Contractor's ana Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract-after N/A.

[End of Clause]

I,7 SL217-9 OPTION TO EXTEND THE TEPM OF THE CONTRACT (MAR 1989)

(a) The Government may extend-the term uf this contract by wr'tten-notice to the Contractor within 60 days; provided, that the Government shall give the Contractor a preliminary written notice of.its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If _ the Government exercises this option, the extended contract'~shall be' considered to include this option provision.

l (c) The total duration cf this contract, including the exercise L

of any options under thi's clause, shall not exceed ~4 years.

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-[End of Clause]

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NRC-03-93-031 Section I i.3 52.222-2 PAYMENT FOR OVERTIME PREMIUMS.(JUL 1990)

(a) The use of overtime is-authorized under this contract if the overtime premium cost does not exceed 50 or the overtime premium 1s paid for work--

4 (1) Necessary to cope with emergencies such as~ those resulting.

from accidents, natural disasters, breakdowns of-production equipment, or occasional production bottlenecks of a sporadic na ture; (2) By Indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; (3) To perform tests, industrial processes, laboratory-procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in' nature and cannot reasonably be interrupted or completed otherwise; or (4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified above_shall include all estimated overtime for contract completion and shall--

(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the nyertime; (2)-Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule; _

(3_) Identify the extent to which approval of overtime would affect the performance or. payments in connection with other Government contracts, together with identification of each-af fected contract; and (4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

[End'ofClause]

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!.3 152.222-18 NOTIFICATION OF EMPLOYEE RIGHTS-CONCERNING PAYMENT OF UNION DUES OR FEES-(MAY 1992)

(a) Ouring the term of this contract, the Contractor agrees to

.. post-a notice, of-'such size'and in such form as the-Secretary of I. abor may prescribe, in conspicuous places in and about its plants-and offices,sincluding'all places where notices to employees are-customarily posted, The1 notice shall include-the.following

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-Page 41-NRC-03-93-031'Section I information (:xcept that the_last sentence shall not be included i

in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as _ amended (45 U.S.C, 151-188)):

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Notice to Employees Under federal law, employees cannot be required to join a union or maintain membersnip in a union in _ order to retain their jobs, Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees _to pay uniform periodic dues and initiation fees.

However, employees:

who are not union members can object to the use of their payments-J for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you believe that you have been required to pay dues or fees used in part.to support activities not related to collective bargaining, contract administration, or grievance ad,iustment, you may be entitled to a refund and to an appropriate. reduction in future payments.

For further information concerning your rights, you may wis5 to contact either a Regional Office of the National Labor Relations Board or: National Labor Relations Board, Division of Information, 1717 Pennsylvania Avenue, N.W., Washington, DC 20570.

(b) The Contractor will comply with all provisions of Executive Order 12800 of April 13, 1592, and related rules, regulations, and orders of the Secretary of Labor.

(c) In the event that the Contractor does.not comply with ar!y of the requirements set forth in paragraphs. (a) or (b) of this clause, this contract-may be cancelled, terminated, or suspended-in whole or in part, and the Contractor may be declared ineligible

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-for further Government contracts in accordance with procedures authorized in or adopted pursuant to Executive Order _12800_ of April 13, 1992.

Such other sanctions or remedies may be imposed as are provided:in Executive Order 12800 of April 13,_1992, or_by rule, regulation, or order of the Secretary of Labor, or as are otherwise provided by law.

(d) The Contractor will include the provisions of paragraphs (a)L through (c) in every subcontract or purchase order entered ~into in-connection with this contract unless exem,ted by_ rules, regulations, or orders-of-the Secretary at Labor issued-pursuant to sectfon 3 of Executive Order 12800 of April 13,l1992,. so that such' provisions will-be' binding upon each subcontractor _or vendor, The Contractor will take such action with respect to any such subcontract or purchase order as may-be directed by the Secretary' L

of Labor as a neans of enforcing such provisions, including the

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imposition of sanctions for noncompliance; provided,-however, that if the Contractorfbecomes involved-in litigation;with'a:.

subcontractor or vendor,t-3r is threatened with such_ involvement,

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as La result-of such direction, the Contractor may request the

4 Page 42 "RC-03-93-031 Section i United States to enter into such litigation to protect the interests of the United States.

[End of Clause) 1

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Page'43 NRC-03-93-031~

Section J PART III - LIST OF DOCUMENTS, EXHIBITS /dH) OTHER ATTACHMENTS-SECTION J - LIST OF ATTACHMENTS-J1 ATTACHMENTS (MAR 1987)

Attachment Number Title 1

Billing Instructions 2

NRC' Contractor Organizational Conflicts of Interest 3

NRC Hanabook 3.8 4

Contractor Spending Plan (CSP).

Instructions

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