ML20127M489

Contract: Technical Assistance in Support of NRR Programs & Activities Pertaining to Engineering Technology, Awarded to Science & Engineering Assoc,Inc

ML20127M489
Person / Time
Issue date:	12/23/1992
From:	Colina I, Mace M NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE & ENGINEERING ASSOCIATES, INC.
To:
References
CON-NRC-03-93-030, CON-NRC-3-93-30 NUDOCS 9301280215
Download: ML20127M489 (43)

Text

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• NRC-03-93-030 l AWARO/CCNTRACT Page 1 of 2

' RATING

4. THIS CONTRACT IS A RAIED ORDER UNDER OPAS (15 CFR 350) 2.CCNiRACT NO. l3. EFFECTIVE DATE l4. REQUISITION / PROJECT NO.

NRC-03-93-030 l 12/28/92 l NRR-92-035

5. ISSUED BY Code: l6.ADMINI RED BY Code:

l (If other than Item 5)

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

Contract Neg. Br. No. 2; P-1042  : Contract Admin. Br. No. 1 Wasnington, DC 20555 l Washington, DC 20555 l

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7. NAME AND ADDRESS OF CONTRACTOR l 8. DELIVERY Science & Engineering Associates.Incl [] FOB ORIGIN SEA Plaza l [X] OTHER (See below) 6100 Uptown Blvd, NE l Albuouerque, NM 87110 l 9. DISCOUNT FOR PROMPT PAYMENT l N/A Principal Investigator / Technical l

Contact:

Gilbert Zigler l Telephone No: 505-884-2300

10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6 CODE l12,PAYMEfETWILLBEMADEBY CODE

11. SHIP T0/ MARK FOR See Subsection F.3 l U. S. Nuclear Regulatory Commission l Division of Accounting and Finance

! GOV /COM Accounting Section l Washington, DC 20555

13. AUTMRITY 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 B&R No. 320-19-11-09-0 E-2072 $15,000; 320-19-15-07-0 E-2075 515,000; 320-19-15-09-0 E2073 555,000; 31X0200.320 BOC Code: 2542 15A. ITEM 158. SUPPLIES / 15C. QUANTITY 150. UNIT ISE. UNIT 15F. AMOUNT SERVICES PRICE NO.

Perform the effort delineated in the Statement of Work herein as implemented by Science & Engineering Associates, Inc.'s technical proposal dated March 9,1992, as revised June 18, 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 5649,734.00 )

Prescribed by GSA EXCEPTICN TO STANDARD FORM SF26 (REV.4-85) 1 FAR(48 CFR) 53.214(a)

S' 9301200215 921216 PDE CONTR rI/ .

NRC-03-93-030 PDR

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NRC-03-93-030 AWAR0/CCNTRACT Page 2 of 2 Pages ,

16. TABLE OF CONTENTS X SEC OESCRIPTION PAGE(S)

PART I - THE SCHE 00LE ,

A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK $TATEMENT D- PACKAGING AND MARKING

• E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE

> G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES 1 CONTRACT CLAUSES PART III - LIST OF 00CUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS '

PART IV - REPRESENTATIONS AND INSTRUCTIONS REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 0FFER0RS i K

L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFER 0RS 4

M EVALUATION FACTORS FOR AWARD 1 CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

17. j,X] CONTRACTOR'S NEGOTIATED AGREEMENT (Contrar. tor is required to sign -

this document and return 3 copies to issuing office.) Contractor agrees to furnisn and deliver all items or perform all the services :et forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations'of the parties to this contract shall be subjece to and governed by the following documents: (a) this award / contract. (b) the solicitation, jf.any, and (c). such provisions, representations, certifications, and -specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)

18. [ ] AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number , including the additions or changes made by you wnicn additions or changes are set forth in full above, is hereby accepted as to the items listed above and.on any continuatton sheets This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award / contract. No further contractual document is necessary. ,

20A. NAME OF CONTRACTING OFFICER 19A. NAME AND TITLE OF SIGNER (Typeorprint) l ,

Ilene R. Colina Contract Administrator j ary H. Mace 198. NAME OF COM CTOR 6cience and l 208. UNITpD'p@TATES(OF V c /, '" AMERICA , ,

by \ LULU EW gg{gypc. Inc. l hy / <

(Sign,ature of person authorized to sign)' (Signature of Contracting officer) 19C. CATE SIGNED [ 20C DATE 5,IGNED 7, EXCEPT!CN TO STANDARD FORM 26 (REV.4-85) 4 4 -, -, . . , - ., , . , + . . , , _ . . + . ,

1 TABLE OF CONTENTS PAGE

... . ...... 1 AWAR0/CCNTRACT . . .

....... 5 PART I - THE SCHEDULE. . . .. .. . ...

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

5 B.1 PROJECT TITLE . . .. ... . .. .. . ..

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

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

B.3 ALTERNATE I (JUN 1991)

... 6 B.4 MINIMUM AND MAXIMUM QUANTITIES. . . . . . . ..

....... 7 SECTICN C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT. 7 C.1 STATEMENT OF WORK . . . .. ...

13 C.: TRAVEL APPROVALS (MAR 1987) . . ... ..... . .

... ... . 14 SECTICN D - PACKAGING AND HARKING. . ..

... 14 0.1 PACKAGING AND MARKING (MAR 1987). .......

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

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

... 15 E.: PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) ..

...... 16 SECTICN F - DELIVERIES OR PERFORMANCE. . . . . . .

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

16 F.2 PREPARATION OF TECHNICAL REPORTS (JUN 1991) . . . . . . . .

16 F.3 PLACE OF DELIVERY--REPORTS (JUN 1986) . . .........

..... 16 F.a DURATION OF CONTRACT PERIOD (MAR 1987). . . . .

ALTERNATE IV (JUN 1988)

...... ... 18 SECTICN G - CONTRACT ADMINISTRATION DATA . . . ~

.......... ... 18 G.1 INDIRECT COST RATES (JUN 1988).

18 G.: PROJECT OFFICER AUTHORITY (JUN 1988). ... .... .

,......,... 20 G.3 ORDERING PROCEDURES (MAY 1991). ..

. . 20 G.4 TRAVEL REIMBURSEMENT (JUN 1988) ALTERNATE I (JU'i 1988) 21 G.5 TASK ORDER PROCEDURES (MAR 1987). . . ...........

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

.. ...,..... 24 SECTICN H - SPECIAL CONTRACT REQUIREMENTS. 24 H.1 KEY PERSONNEL (JUN 1988). .................

SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987). ...... 25 H.2 25 H.3 DISSEMINATION OF CONTRACT INFORMATION (JUN 1991). . . . . 25 H.4 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUN 1988) .

25 H.S CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST . . . . . .

(DEC 1991) 29 H.6 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED . .

(JUN 1988;

.. . 29 H.7 LICENSE FEE REC 0VERY COSTS ( APR 1992) . .. .

29 H.8 CONTRACT SECURITY REQUIREMEPIS FOR UNESCORTED ACCESS. . . .

TO NUCLEAR POWER PLANTS ( APR 1992)

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

... ......... 32 SECTICH I - CONTRACT CLAUSES . ...

TABLE OF CONTE!1TS PAGE 32 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988).

1.1

... 34 1.2 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION (NOV 1990)

... 35 1.3 52.203-10 PRICE OR FEE ADJUSTPcNT FOR ILLEGAL . .

OR IMPROPER ACTIVITY (SEP 1990) 37 1.A 52.216-18 ORDERING (APR 1984) . ..............

... 37 1.5 52.216-19 DELIVERY-ORDER LIMITATIONS ( APR 1984) ..

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

38 1.7 52.217-9 OPTION TO EXTEND THE TERM OF THE . . . . . . . .

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

39 1.9 52.222-18 NOTIFICATION OF EMPLOYEE RIGHTS C0tlCERNING. . . .

PAYMENT OF UNION DUES OR FEES (MAY 1992) _

PART 11! - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . 42

.. ... 42 SECTION J - LIST OF ATTACHMEPTS. . . .

42 J . '. ATTACHMENTS (MAR 1987).

D Pace 5 Section B

'JC-03-93-030 PARf I - fHE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS 3 . '. PROJECT TITLE The title of this project is as follows:

Technical Assistance In Support of NRR Programs ano Activities Pertaining to Engineering Technology

[EndofClause]

5.: 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 Engineering Technology in accomplishing its licensing and inspection mission, programs and activities on a tast-ordering basis in such areas as review and evaluation of materials engineering problems, review of design criteria and loaas for mechanical systems and components, and review and evaluation of issues related to geologic, seismologic and hydrologic concerns at nuclear power plants.

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 unoar this contract may authorize the initiation of work under this contract.

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

[End of Clause]

3.2 CONSIDERATION AHO OBLIGATION--TASK ORDERS (AUG 1989)

ALTERNATE I (JUN 1991)

a. The Maximun Ordering Limitation (MOL) for products and services ordered, delivered and accepted under this contract is

$649,734.00. The Contracting Of ficer may place orders with the contractor during the contract period provided the aggregate amount of such orders does not exceed the MOL.

b. The mininum quaranteed by *he Government under it: :ntract is 1162,434.00. Tha total amount currently obligated wif 9 respect to thtm contract is 185.000.00.

c. A tutal ost1 mated cost as well as any fee. if any, .all be neqatlated for nach +.ask ceder and will to interocratea e.s 3

Page 6 NRC-03-93-030 Section B 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.

[End of Clause)

B.4 MINIMUM AND MAXIMUM OUANTITIES l The minimum quantity that the Government will orcer and the contractor shall furnish will be at least 25% of_ the ceiling amount of the contract. The maximum quantity the Government will- l order-and the contractor shall furnish shall not exceed the ceiling amount of the contract.

Therefore, the minimum and maximum amounts are as'follows: ,

1. BASE PERIOD OF PERFORMANCE (2 years) ,

i Maximum $649,734.00  ;

Minimum $162,434.00 ,

2. OPTION ONE (1 year) ,

Maximum $342,662.00 Minimum .$ 85,666.00 i

3. OPTION TWO (1 year)

Maximum $355,866.00 Minimum $ 88,967.00 (End of Clause) ,

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NRC-03-93-030 Section C SECTION C - DESCRI. TION / SPECIFICATIONS / WORK STATEMENT C.; STATEMENT OF WORK C.

1.1 BACKGROUND

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

for 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 fue! reprocessing plants and isotopic enrichment plants, Also included are (1) receipt, "

possession and ownership of nuclear materials used or produced at facilities licensed under 10 CFR Part 50; (2) operation of such f acilities; (3) emergency preparedness at such facilities; and (4) contractor and suppliers of su;h 'acilities. 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 facility's eventual operating lifetime

- leading to issuance of permits or licenses, and licansing 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 assesses and recommends or takes action regarding incidents or accidents. NRR also provides special assistance as required in matters involving reactor facilities exempt from licensing, guidance, and implementation direction. .

The Division of Engineering Technology performs engineering safety evaluations of licensee implementation of approved NRC requirements and changes to existing licenses. It performs reviews of license renewal submittals and industry technical reports. It also provides technical expertise for special inspections, projects, programs and policy activities. It assists the Regions in the resolution of engineering problems.

More specifically, the Division reviews and evaluates materials engineering problems, reviews design criteria and loads for mechanical systems and components, and reviews and evaluates issues related to geologic, seismologic and hydrologic issues related to Nuclear Power Plants.

C.1.2. OBJECTIVE The objective of this contract is to obtain technical expertise to assist NRR's Division of Engineering Technology in accomplishing

. _ - . _ _ . _ . - . _ .m _ __ _ _ _ _ . _ . _ - -.- - _ _ _ _ _ _ _

Page 8 NRC-03-93-030 Section C its licensing and inspection mission, programs and activities on a task-ordering basis in the areas pertaining to Mecharical Engineering, Materials and Chemical Engineering, and-Civil / Structural Engineering and related Engineering fields.

C.I.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 Olsciplines:

Materials Civil or Structural Chemical Mecnanical Mechanical Systems Nuclear Reactor Systems Computer Science Specialized Technical Areas:

Software development, implementation, training Risk and reliability assessment Reactor Construction: management and inspection methods and techniques Reactor Design: inspection methods and techniques Plant start-up and testing Power distribution systems: design, operation, inspection -

Onsite and Off site Power Systems: design and. inspection-Spent fuel storage: design and inspection Fuel handling systems: design and inspection -T i

Radioactive source term equipment: design and-inspection Emergency generating systems, e.g., dieselfgenerators: design and "

inspection Technical specification analysis pertaining to mechanical, materials' and structural equipment components and structures'-

Meteorology Maintenance: . operations and inspection In-service inspection and' testing Materials failure analysis: radicactive and nonradioactive Water Chemistry: corrosion and erosion Mechanical static and dynamic analysis

' Pump and valve: design, operation, inspection and maintenance Seismic and dynamic qualification of equipment Piping _ design and stress analysis- ,

+

Structures and supports: design, analysis and inspection Geology Seismology.

Hydrology

, - . . . .__ _ ._ ca.2

] .

Page 9 NRC-03-93-030 Section C Non-Destructive examination: methods and techniques Fracture mechanics 4

In-service degradation of materials and components ,

Severe accident imoact 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 codes and federal regulations are being, or i

' have been, implemented and/or followed.

1 The contractor's Project Manager shall have the following responsibilities: (1) oversight responsibility for_all task orders placed under any resulting contract, (2) oversight responsibility for the efforts of any contractor s team assemoled 8 for each task order placed under any resulting contract, (3) cerforming 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 coraplete.

C.I.4. WORK REQUIREMENTS The work under the contract is estimated to be issued through about 20 task orders over the base period of performance and ,

through about 10 task orders under each option 9 ear. 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.

1 The NRC's 01 vision of Engineering Technology may issue task orders l

under this contract within the following program areas to support i

the Division's activities. In the event that NRR management .

reassigns any of these program areas to another Division, the contractor shall continue to support the reassigned program area even though it supports another Division.

NOTE: NO ADVANCE 0 REACTOR WORK SHALL BE PERFORMED UNDER THIS CONTRACT.-

C.I.4.I. DIRECT PROGRAM AREAS

a. POWER REACTOR APPLICATIONS AND INSPECTIONS ,

1. Provide technical assistance in the review of <

applications for construction permits and operating licenses to evaluate their safety, environmental and safeguards aspects, as weil as antitrust implications.

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

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NRC-03-93-030 Section C 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.

5. Provide tecnnical assistance pertaining to TMI related activities.

b. OTHER-THAN-POWER-REACTOR. APPLICATIONS AND INSPECTIONS Provide technical assistance in the review of applications for nonpower reactors, proposed D00 and 00E reactor projects and facilities; requests for cancellations and deferrals of nonpower reactors: assist in the evaluation of requests for the decommissioning of reactors-and related support-activities; assist in the inspection of these facilities._ Includes allegation investigation of other-than power reactors.

c. REACTOR LICENSE RENEWAL APPLICATIONS Provide technical assistance in the review of applications for the renewal of existing reactor licenses and generic activities in support of the License Renewal Program. 4

~

d. REACTOR PERFORMANCE EVALUATION Provide technical assistance in the support o'f activities _

associated with (1) the initial response _to unanticipated events, (2) the follow-up' reviews of operational problems, (3) design-investigations, (4) studies ~of generic safety assessments such as reliability and probabilistic risk assessments (PRA), and (5) sensitivity studies and evaluations of _ operating experience.

e. REACTOR ACCIDENT MANAGEMENT EVALUATION Provide technical assistance in support of the development of 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 1 reactors, aerial radiological ' surveys, (the contractor'shall have the capability to perform radiological surveys if required) -

emergency preparedness-regulations and exercises . environmental monitoring (such as effluent releases)at nuclear sites, regulatory effecJfeness reviews of_ reactorisafeguards, and other -

' independent confirmatory measurements.

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';C-03-93-030 Section C i

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g. LICENSING ACTIVITIES SAFETY EVALUM10N l f l l

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

pert.aining to operating reactors. l C.1.4.2. SUPPORT ACTIVITIES WITHIN THE DESIGNATED PROGRAM AREAS

a. Provide technical assistance in the deveicoment of automated systems to include requirements analysis, system design, '

programming, testing, installation, maintenance, documentation ano training of staff,

b. Tecnnical assistance in the conduct of studies involving the '

gathering and collection of data and information, data analysis and synthesis, anc 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.

, c. Tecnnical assistance to support the development of systems to facilitate the implementation of the NRR licensing and inspection programs and to evaluate the-effectiveness of these programs, C.1.4.3. FUNCTIONAL TECHNICAL ASSISTANCE WITHIN THE DESIGNATED PROGRAM AREAS 4

a. Provide technicai assistance in support of evaluation cf materials engineering, in-service inspection, and materials integrity-related aspects of design performance of components and systems, special fabrication problems, component behavior, and performance of failure analysis.

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b. Provide technical assistance in support'of evaluation of issues related to chemical engineering including hydrogen generation, pcst accident sampling, water chemistry, corrosion, decontamination and decommissioning.

c, Provide technical assistance in support of review of design U criteria, loads, static and dynamic analysis methods, and in-service testing for mechanical systems and comoonents,

d. Provide technical assistance in support of evaluation of '

seismic.and dynamic qualifications of equipment; verification of the integrity, capacity and margins associated with mecnanical equipment.

e, provide technical assistance in support of evaluation of u__ _ _ _ , _ _ . _ _ . . ._ . _ _ . _ _ _ _ _ _ _,. _ _ . _ _ - , _ _ _._ .-. _ _.-

Pace 12 i NRC-03-93-030 Section C i conditions associated with various postulated events, such as.

. earthquakes, man-related hazards, floods, pipe breaks, and their threat to the functional integrity of components.

f. Provide technical assistance in support of..the reviews of design criteria and loads, analysis methods and in-service testing for_ structures and verification of the integrity, '

capacity and margins associated with structures.

g. Provide technical assistance in support of the evaluation of .

issues related to geologic, seismologic and hydrologic characteristics cf a reactor site.

C.L 4.4. GENERAL TECHNICAL SUPPORT RELATING TO THE ABOVE PROGRAM 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:

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a. Review and evaluate submittals (technical reports and similar documents, e.g., new license applications and extensions, anc 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 member in the areas designated; participate in entrance / exit meetings; prepare input for ~ such meetings; prepare input to the inspection report; respond to follow-up questions pertaining 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 effect on plant safety at the plant where event occurred and potential effect at other plants; perform follow-up assessments and root-cause-analysis; prepare technical reports of causes and recommend solution (s). ,

t

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

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e. Review,-evaluate, and' investigate issues and problems, e.1.,

~

allegations,-identify NRC regulations that have been violated, prepare technical reports of results, make recommendations and.

i prepare input to notice,of violation.

f. Perform needs analysis : assess current systems, data collection, develop databases and/or computer software and/or enhancements to existing system, install software,_devel_op- _

user manual, provide hands-on training and written ~

documentacion, and verification, validation and maintenance-of the system.

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

Pace 13  ;

NRC-03-93-030 Section C

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g. Provide expert testimony on proDiems, issues, and allegation]

at public hearings and other similar events.

C.1.3. MEETINGS AND TRAVEL f

Each task order wi'l specify any required travel including foreign travel. Each trip will be listed separately.

C .1. 6.- NRC-FURNISHED MATERIALS Any reouired documents or information to be provided by NRC for performance of work will be identified in each task order.

2 C.1. 7. OTHER APPLICABLE INFORMATION Each task order will state whether or not the work i s license fee recoverable.

[End of Clause]

C . ?. TRAVEL APPROVALS (MAR 1987) J

a. All domestic travel requires the prior approval of the Project Officer,

b. 'All foreign travel must be approved in advance by the NRC on ,

NRC Form 445 and shall be in compliance with 52.2%7-63, Preference For U.S. Flag Air Carriers. Such approval will.be communicated in writing through the Contracting Officer.

[End of Clause]-

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Pace 14 Section 0 i

NRC-03-13-030 SECTION D - PACKAGING AND MARKING D.; PACKAGING AND MARKING (MAR 1987)

The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance hy common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicaole to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under wrich the product is being provided.

[End of Clause]

n Page 15 Section E j NRC-03-93-030 SECTION E - INSPECTION AND ACCEPTANCE E.'. 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.

l NUMBER TITLE DATE j

-1 52.246-5 INSPECTION OF SERVICES APR 1984 )

- COST-hEIMBURSEMENT l

[EndofClause]

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

Inspection and acceptance of the deliverable items to be-furnished hereunder shall be made by the Project.0fficer at the ,

destination.

[End of Clause].

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l Page 16 -l NRC-03-93-030 Section F j i

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SECTICN F - DELIVERIES OR PERFORMANCE ,

.'. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) l This contract incorporates one or more clauses by reference, with the same force and ef fect as if .they were given in full text. t Upon request, the Contracting Officer will make their full text available. ,

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

[6ndofClause] .

. 2 PREPARATION OF TECHNICAL REPORTS (JUN 1991)

All technical reports reauired by Section C and all Tecnnical Progress Reports required by Section F are to be preparea in ,

accordance with the attached NRC Handbook 3.8. NRC Hanacook 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).

[EndofClause] ,

F.1 PLACE OF DELIVERY--REPORTS (JUN 1988)

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: Lawrence Ruth Heil Stop 12 H26 Planning,' Program & Management Support Branch Offir.e of Nuclear Reactor Regulation-Washington, DC 20555-(b) Contracting Officer (1 copy) 7

[End of Clausa) .

F.4 OURATION OF CONTRACT PERICD (MAR 1987)  !

ALTERNATE'IV (JUN 1988) ,

The-ordering period 'for this contract shall commence on- 12/28/92 and will'exotre on-12/27/94. Any orders issued during tnis

' period shall be completed within the time spec-ified in the. order,.

{

Page 17- .

NRC-03-93-030 Section F i

unless otherwise specified herein. (See 32.216 Ordering.)

The term of this contract may be extended at the option.of the Government for an additional two one year option periods.

[End of Clause) i i

+

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m. . . . _. . . _ . _ _ _ _ _ . . _ . . _ . _ _ - . . _ . - - - . - 1

Pace 13 NRC-03-93-030 fecticn G SECTION G-- CCNTRACT ADMINISTRATION DATA G.:. INDIRECT COST RATES (JUN 1988) i

a. Pending the establishment of final indirect-rates wnich shall be negotiated based on audit of actual costs, the Contractor '

shall be reimbursed for allowaole indirect costs-as follows:

t CATEGORY RATE (%) COST BASE APPLICABLE PERIOD Overhead 52.27. Total direct Effective date thru labor expiration date Fringe Benefits 35.21 Total direct same as above

! labor M&S 1.8% Subcontracts same as above t G&A 13;t% Total direct same as above (other'than subcontracts) costs and in- ,

direct costs

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 accoroance with 52.232 Limitation of Cost or 52.232 Limitation of Funds, as applicable, if such change (s) af fect(s) perfor-ance of wor ( within the established cost or funding limitations.

~

[End of Clause]

G.2 PROJECT OFFICER AUTHORITY (JUN 1988)

(a) ihe Contracting Officer's authorized representative  !

hereinaf ter referred to as the Project Officer for this contract is:

Name: Lawrence Ruth Address: U.S, Nuclear Regulatory Commission 3 Mail Stop 12 H26 Planning, Program & Management Support Branch ' ,

Office of Nuclear Reactor Regulation Washington, DC 20555-Telephone Number: (301) 504-1211 (b)- Performance _of the work under this. contract shall be C* -v*-w-e- 9-q=- * -

1

' ice 19 Tection G NRC-03-93-030 subject to the tecnntcal direction of the NRC Project Officer.

The term " Technical Direction" is cefined to incluce the following:

(1) Technical direction to the Contractor which shifts work emonast s between areas of worx or tasks, fills in details or otherwise serves to acc0mDlish the contractual statement of work.

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

(3) Review ano, here reouired by the contract, approval of technical reports, dr3 wings, spec 1fications and technical infornation to be deliverec by the Contractor to the Government under the contract.

(c) Technica; direction must The be within the general statement of Project Officer does not have work stated in the contract.

the authority to and may not issue any tecnnical direction which:

(1) Constitutes an assignment of additional work outside the general scope of tne 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, or the time reouired for contract performance. -

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

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

(d)

All technical direc+. ions shall be issuea in writing by the Project Of ficer or snall 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) 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 sucn person's authority under the orovisions of this clause.

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

._. . . _ _ . _ . _ _ . _ . . . . . _ ._____.__.___._m-_ . . - _ _ _ _

l l

Paae 20 NRC-03-93-030 Section G contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer snall issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change 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 l 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 Of ficer is responsible for:

(1) Monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommenaing to

• the Contracting Officer changes in requirements.

(2) Assisting the Contractor in the resolution of tecnnical problems encounterea during performance.

(3) Reviewing all costs requested for reimbursement by the Contractor and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.

[End of Clause]

G.2 ORDERING PROCEDURES (MAY 1991) (See Task Order Procedures, Section G.5.1

a. In addition to the contracting officer, contract administrator, and project of ficer, the following individuals are authorized to issue delivery orders under this contract:

b. All delivery orders shall be prepared in accordance with FAR 16.506 and may be issued in writing, orally, or by written telecommunications.

[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 Of ficer will, upon request, provide each additional

' traveler with a letter of identification whichLis required in  ;

= _ _ _ _ _ _ _ _ _ _ _ _ _

Page d NRC-03-93-030 Section G order to participate in this program. The Federal Travel Directory (FTD) identifies carriers, contract f ares, senedules, payment conditions, and hotel / motel properties which of fer their ,

services and rates to Government contractor personnel traveling on  !

official business under this contract. The FTD, which is issued montnly, may be purenased from the U.S. Government Printing Office, Washington, DC 20402.

b, The Contractor will be reimbursed for reasonable domestic travel costs incurreo 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 i United States (CONUS), the standard CONUS rate, the allowance for meals and Incidental expenses (M&lE), the cost of travel by

< privately owned automoDile, and the items which require receipts.

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

c. When the Government changes the Federal Travel Regulations, it is the responsibility of the Contractor to notify the Contracting Officer 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 publication entitled Copies of *

" Maximum Travel Per Diem Allowances For Foreign Areas'_'.

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

[End of Clause]

G.5 TASK ORDER PROCEDURES (MAR-1987)

a. Task Order Request for Proposal When a requirement within the scope of work for this contract is identified, the Contracting Of ficer will transmit to the

• Contractor a Task Order Request for Proposal which will include the following, as-appropriate:

(1) Scope of Work / Meetings / Travel and Deliverables. '

(2) Reporting Requirements.

, (3) Period of Performance - Place of Performance.

(4) Applicable Special Previsions.

(5) Technical Skills Required.

(6) Estimated Level of Effort.

b. Task Order Proposal 1

By the date specified in the Task Order Request for Proposal, the Contractor shall deliver _to the Contracting _ Officer a written

_ _ _ _ . _ . _ _ _ _ . . . - - - _ - .__.__.u._____ - _ . . . _ _ _..m__ _ _ _ _ -

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'l Nae J:

MC-03-93-030 Section G Task Order Proposal that provides the following tecnnical and cost information, as appropriate:

(1) Technical Proposal Content.

(A) A discussion of the scope of work reouirements to substantiate the Contractor's uncerstancing of the recuirements of the Task Order and the Contractor's proposed method of approach to meet the objective of the order.

(B) Resumes for professional personnel proposed to be utilized in the performance of any resulting task order. Include educational background, specific pertinent work experience and a list of any pertinent publications authored by the indivicual.

(C) Identification of administrative support personnel and/or facilities that are needed to assist the professional personnel in-completing ,eork on the task order. i (D) Identification of " Key Personnel" and the numoer of-staff hours that will be committed to completion of work on the Task Groer.  ;

(2) Cost Proposal.

The Contractor's cost proposal for each Task Order shall be prepared using the Standard Form 1411, Contract Pricing Proposal cover sheet. A copy of the form and instructions'are attacned to '

this contract. Each Task Order cost proposal shall ce fully supported by cost and pricing data adequate to establish tne 2 reasonableness of the proposed _ 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 to submit a Contractor Spending Plan (CSP) as cart of:

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

i

c. Task Order Award The Contractor shall perform al_1 work described in_ cefinitized Task Orders issued by the Contracting Officer. Definitizeo Task Orders-will include the following:

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

(2) -Reporting Rrnuirements. '

('3) Period of Performance.

(4) . Key Personnel.

(5) Applicaole Special Provisions.

(6)- Total Task Order amount.

.[End of Clause]

--.----.:---- ..a_.. - . -- --- - ,-,..-

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4 I

nace :3

'MC a3-93-030 Section G G.6 ACCELERATED TASK ORDER PROCEDURES (JUN 1988)

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

Accoraingly, when the Contracting Officer vercally authori:es, the Contractor shall proceea with performance of the Task Order ,

suoject to the monetary limitation estaolist.ed for the Task Order j by the Contracting Officer.

b. When this accelerated procedure is employed by the NRC, the i Contractor agrees to begin promptly negotiating with-the Contracting Of ficer the terms of a definitive Task Order and agrees to submit a cost proposal with supporting cost or pricing-data. If agreement on a definiti:ed Task Order is not reacned by the target date mutually agreed upon by the Contractor ana Contracting Officer, the Contracting Officer may determine a reasonable price and/or fee in accoroance with Subpart 15.8 and Part 31 of the FAR, subject to Contractor appeal as proviced 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 Of ficer and the terms 2 and conditions of the basic contract. l

[End of Clause]

ace 21

'AC-03-93-030 Section n-SECTION H - SPECIAL CONTRACT REQUIREHENTS 4.! <EY PERSONNEL (JUN 1988)

a. The following individuals are considered to be essential to

ne successful performance of the work hereunder:

G. Zigler J. Lynch 0. Slemmons T. Ippolito W. Cullen M. Morganstern J. Darcy F. Sciacca -!

F. Loss D. Schult: l 4

The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof.

I

b. If one or more of the key personnel for whatever reason <

becomes, or is expected to become, unavailable for work uncer 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 ,

shall immediately 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,

c. All recuests for approval of substitutions hereuncer must be-in writing and provide a 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 proposed substitution, The Contracting Officer will evaluate such requests and promptly notify the Contractor.of his/her approval or disapproval thereof in writing,

d. If the Contracting Officer determines that: . .

~

(1)' Suitable and timely replacement of-key personnel _wno have been reassigned. terminatea 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 finoslthe 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). .

- w- --.e.- .mw.r,..--...-a+.,--,,w ,- m ...e, m-- % . - <m

t

- >'a c e .' S ,

NRC-03-93-030 Section H l SAFETf, HEALTH, AND FIRE PROTECTION (MAR 1987)

H.:

i The Contractor shall take all reascnacle precautions in the performance of the work under this contract to protect the nealth i and safety of employees and of memoers of the public and to minimize danger from all hazards to life and property anc snall comoly with a'l applicable health, safety, and fire protection i regulations and requirements (incluaing reporting requirements) of j the Commission and the Department of Labor. In the event'that-the l Contractor fails to comply with these regulations or requirements, '

the Contracting Officer, may, without prejudice to any other legal or contractual rights of the Commission, issue an order stooping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Of ficer. The Contracter shall make no claim for an extension of time or for compensation or damages by reason of or in connection with sucn work stoppage.

[End of Clause]

H.3 OISSEMINATION OF CONTRACT INFORMATION (JUN 1991)

The Contractor shall comply with the requirements of the attached NRC Handbook 3.8-and, if applicable, NRC Manual Chapter 3206 (See Section J for List of Attachments) regarding publications or dissemination to the public of any information, oral or written, concerning the work performed under this coni.ract. Failure to comply with this clause shall be grounds for i termination of this contract.

[End of Clause)

H4 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUN 1988) l Except as specifically authori:ed by this contract, or as otherwise approved by the Contracting Officer, information and other_ data developed or acquirea by or furnished to the Centractor 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 in a conflicting role because of current or plannec interests ( financial, contractual, organizational, or otherwise) which relate to the work uncer this contract; ano (2)' Does not obtain an unfair comoetitive advantage

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

l Moe JS NRC-03-93-030 Section H over other carties by virtue of its performance of this contract.

(b) Scope. The restrictions described apply to performance or participation by the cont. actor as defined in Section I, " Scope of Policy," paragraon C, of dncument 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 wnich may give rise to a conflict of interest with respect to tt 3 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 emoloyee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting of ficer 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 wnere the activities that are the subject of the audit, inspection, or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate), except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.

(3) When the contractor performs work for the NRC 2ader this contract at any NRC licensee or applicant site, the contractor 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 af ter completion of all work uncer the associated task order, or last time at the site (if not a task order contract).

(d) Disclosure after awarc.

(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest as defineo in Section II, " Definitions," paragraon F, of the document entitled "NRC Organizational Conflicts of I.nterest" (see Section J, List of Attachments).

(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in

, uw I 'AC-03-93-030 Section H nritina to the contracting officer. This statement must ' "'Jde a description of the action which the contractor nas taken or proposes to take to avoid or mitigate such conflicts. The 'MC may, however, terminate the contract if termination is in the best interest of the Goverrment.

(3) It is recognized tnat the scope of work of a task-orcer- type contract necessarily encomcasses a broad spectrum of activities. Consecuently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed 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, ano must be received by the NRC at least 15 days before the proposec awara date in any event. The disclosure must include the statement of work and any other documents that are needed to fully describe the proposea work for the regulated utility or otner regulated entity. NRC msy deny approval of the disclosed wort only when the NRC has issued a task orcer wnich 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 wnen sucn work violates (c)(3), above.

(e) Access to and use of informatior.

(1) If in the performance of this contract the contractor obtains access to information, such as HRC 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 information 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 after 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) Release the inf ormation without prior written approval by the contracting officer unless the information has previously been released to the puDlic Cy 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 (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 informatica under this contract, the contractor shall

' ace _'S

'mC-03-93-030 Section H treat the information in accoroance with rostrictions placeo on use of tne information.

(3) Subject to patent and security provisions of this contrau.. the contractor shall have,the right to use technical data 't produces unoer this contract for private purposes provide ~ that all requirements of this contract have been met.

(f) Subcontracts. Except as orovided in Section II,

" Definitions," paragrapn I, of the occument entitled "NRC --

Organizatiorci Conflicts of Interest" (see Section J, List of 9 Attachments), t, contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights. q (g) Cemedies. For breach of any of the above restrictions, or for intentionai noncisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract, or for such erroneous representations that necessarily imply bao faith, the Government may terminate the contra t for ,

default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.

(h) Waive" A 6.mest for waiver under this clause must be dire:*.ed in writing to ',ae cant racting officer in accordance with the proceoures outlined in section VII, 'Waivar," paragrach A, of ~

the document entitled "NRC Organizational Conflicts of Interest" _

(see Section J, List of Attachments).

(1) Follow-on effort. 'b cent

• actor shall be ineligible to participate in HRC contracts, subcontracts, or proposals therefore (solicited or unsolicited) which stem cirectly from the contractor's performance of work unoer 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 procucts or services of another firm if the contractor has been substantially involved in the develcoment or marketing of the products or services.

(1) If the contractor, under t'11s contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual ef fort which is basec on the stateme" of work or specifications. The cor, tractor may not incorporat  ::s products or services in the statement of work c specifications unless so directed in writing cy the contracting officer, in which case the restrictions In this parsgraph do not apply. l (2) Nothing in tF. paragraoh precludes the

Pace 29 NRC ;3-o? 010 Section W contractor from offering or selling its standaro commercial items to the Government.

[End of Clause]

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

The Government will not provide any eouipment/ property unoer this contract.

[End of Clause]

LICENSE FEE RECOVERY C0;TS (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.5 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) througn the NRC Project Officer. The information to be provided is as follows: a completed Personnei Security Forms Packet, including a SF-86, " Questionnaire for Sensitive Position," copies of their five year employment and education history cnecks, incluaing verification of highest degree obtained; a reference from at least one additional person not provided by the individual; results-of a nsycnological evaluation; and a certification that the contractor haa founc all checks acceptable. The results of a psychological examination shail 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

? ace JD Section H

'AC-03-93-030 legibility, except Part 2 of the SF-86 which is required to be S I

completed in private and submitted by the individual to the contractor in a sealed envelop +;; or,

2. The individual will arrange to be fingerprinted by the subject utility, ano the contractor will submit to the utility's access autnorization program.

3. In item A.1 above, SEC will conduct criminal history and

-redit 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 temporary access and provide an objection or no objection to the sponsoring Office pending compietion 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 or access at all nuclear facilities for the life of the contract;

2. Contractor nas obtained unescorted access authorization (other than temporary access) at the specific utility througn that utility's access authorization program, resulting in unescorted access at a specific f acility; or

3. The individual possesses a valia government issued clearance as verified by SEC. A valid government-issued clearance -

is defined as a U.S. Government-issued security clearance equivalent to or higher than an NRC "L" clearance (e.g. , Secret) based on a comparaole investigation not more than five years old. -

4. The investigation in B.1 above may involve a Nationai Agency Check with Inquiries and Crecit (NACIC) or other investigation as deemed necessary by SEC in accordance with 10 CFR Part 10 and NRC Appendix 2101, Part VI. Any question regaroing the individual's eligibility for unescorted access to protected or vital areas of nuclear power facilities will be resolved in accordance with the provisions as set forth in 10 CFR Part 10, which is incorporated into the contract by reference as thougn fully set fortn 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, a signed statement from the individual that he or she understanas his or her responsibility to recort information bearing on his or ner continued eligibility for access authorization as specified in 10 CFR Part 10, Section 10.1," Criteria."

6. Access to unclassified SGI not also involving unescorted access to orotected and vital areas of nuclear power plants will require the submission of a comoleted Personnel Security Forms

qqe :1 NRC-03-93-030 iection H Packet to SEC througn tne Project Officer and may require a National Agency Check (NAC) or nther investigation deemec necessary by the NRC in accordance with 10 CFR Part 10 ana NRC Appendix 2101, Part VI. Any q;estion 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 thougn fully set forth herein. Based on the review of the applicant's security forms by SEC and/or the receict of aoverse 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 maae 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 unaer licentee 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 wili be subject to the requirements of the licensee's Fitness-for-Duty program.

O. BASIC EXPOSURE CONTROL AND PERSONNEL DOSIMETRY TRAINING REQUIREMENTS The contracter shall certify that personnel utilized under the scope of work herein have completed basic exposure control and r ersonnel dosimetry training suf ficient to meet the requirements of commercial nuclear power plants for unescorted access. Site _

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

[End of Clause]

Noe 32

ection !

WCH3-93-030 PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES-1.1 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.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES TITLE DATE HUMBER DEFINITIONS SEP 1991 52.202-1 52.203-1 0FFICIALS NOT TO BENEFIT APR 1984 52.203-2 GRATUITIES APR 1984 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-5 52.203-6 RESTRICTIONS ON SUBCONTRACTOR JUL 1985 SALES TO THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES OCT 1988 52.203-12 LIMITATION ON PAYMENTS TO JAN 1990 INFLUENCE CERTAIN FEDERAL TRANSACTIONS NOV 1992 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52-.215-1 EXAMINATION OF RECORDS BY APR 1984 COMPTROLLER GENERAL AUDIT - NEGOTIATION DEC 1989 52.215-2 PRICE REDUCTION FOR DEFECTIVE JAN 1991 52.215-22 COST OR PRICING DATA DEC 1991 52.215-24 SUBCONTRACTOR COST OR PRICING DATA TERMINATION OF DEFINED BENEFIT SEP 1989 52.215-27 PENSION PLANS JAN 1986 52.215-33 ORDER OF PRECEDENCE 52.215-39 REVERSION OR ADJUSTMENT OF PLANS JUL 1991 FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.216-7 ALLOWABLE COST AND PAYMENT JUL 1991 FIXED FEE APR 1984 52.216-8 UTILIZATION OF SMALL BUSINESS FEB 1990 52.219-8 CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS JAN 1991 52.219-9 SHALL SUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN AUG 1986 52.219-l' UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES

Pace 33 NRC-03-93-U30 Section I 52.219-16 LIQUIDATED DAMAGES--SMALL BUSINESS AUG 1989 SUBCONTRACTING PLAN 52.220-3 UTILIZAT10N OF LABOR SURPLUS APR 1984 AREA CONCERNS 52.220-4 LABOR SURPLUS AREA APR 1984 SUBCONTRACTING PROGRAM 52.222-3 CONVICT LABOR APR 1984 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-28 EQUAL OPPORTUNITY PREAWARD APR 1984 CLEARANCE OF SUBCONTRACTS 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 WORKF LACE JUL 1990 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN MAY 1992 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT APR 1984 52.29.7-2 NOTICE AND ASSISTANCE REGARDING APR 1984 PATENT AND COPYRIGHT INFRINGEMENT 52.228-7 INSURANCE - LIABILITY TO THIRD APR 1984 PERSONS '

52.230-3 DISCLOSURE 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 ASSIGNMENT OF CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT SEP 1992 52.232-28 ELECTRONIC FUNDS TRANSFER APR 1989 PAYMENT METHODS 52.233-1 DISPUTES DEC 1991 52.233-3 PROTEST AFTER AWARD AUG 1989 Alternate I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52,242-13 BANKRUPTCY APR 1991 52.243-2 CHANGES - COST-REIMBURSEMENT AUG 1987 Alternate I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT JUL 1985 AND LETTER CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING APR 1984 52.246-25 LIMITATION OF LIABILITY - SERVICES APR 1984 52.249-6 TERMINATION (C0ST-REIMBURSEMENT) MAY 1986 APR 1984 52.249-14 EXCUSABLE DELAYS

[End of Clause]

L.; .;

a-Pane 34

-Section I NRC-03-93-030 I.; 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION (NOV 1990)

(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 in paragraph (c) of this clause when requested by the Contracting Officer in connection with the execution of any modification of this contract. 1 (c) Certification. As required in paragraph (b) of this clause, the officer or employee responsible for the modification proposal shall execute the following certification:

CERTIFICATE OF PROCUREMENT INTEGRITY-- '

MODIFICATION (N0V 1990)

I, [Name of certifier] , am (1) the officer or employee responsible for the preparation of 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 l

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, eacn officer, employee, agent, representative, and consultant of (Name who_has participated-

~

ofOfferor],

personally and substantially in the preparation or-submission _of this proposal has certified that he or she is familiar with, and' will comply with, the requirements of subsection 27(a) of the Act, 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 implemented 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) n

-[ Signature of _the of ficer cr employee responsible for the modification proposal and date]

N.

I i

'aae 35

'.RC-03-93-030 Section I

[ Typed name of the officer or employee responsible for the mooification proposal]

• Subsections 27(a), (b), and (d) are ef fective on Decemoer 1, 1990. Subsection 27(f) is ef fective on June 1.1991.

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURIS01CTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING 0F A FALSE, FICTITIQUS, 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 incividual required to submit a certification to the competing Contractor, supplemented by periodic training. These certifications shall be obtained at the earliest possible date af ter an individual required to certify 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 Decemoer 1, 1989),

the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated. These certifications shall be maintained oy 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 on behalf of ,

the contractor.

(e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed in executing 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-orice 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 cf Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the FAR.

In the case of a contract modification, the fee subject to recuction is the fee specified ir. the carticular contract modification at the time of execution, except as provided in

, j

. u

' vaoe 36 1 Section I 1 WC-03-93-030 subparagraon (b)(5) of this clause. j (b) The price or fee reduction referred. to- in paragraph (a) of.

this clause shall be--

(1) For cost-plus-fixed-fee contracts,.the amount of the fee specified in the contract at the time of-award; l 4

(2) For_ cost plus-incentive-fee contracts, the target fee-specified in the contract at the time of award, notwithstanding  ;

any minimum fee or " fee floor" specified in the contract; l (3) For cost plus-award-fee contracts--

(i) The base fee established in the contract at the time of contract award; (ii) If no base fee is specified in the contract, 30 percent of the ascunt of each award fee otherwise payable to the .

Contractor for each awar_d fee evaluation period or at each award fee determination point.

(4) For fixed price-ince ttive contracts, the Government may--

(t) Reduce the 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 ur t. mediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price-revi_sion 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 establisned in accordance with the incentive price revision provisions of the contract shall be redu'ced by'an amount equal to the initial target profit specified in the contract at the time of contract 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.

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 award or modification.

' (c) The Government may, at its electiun, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations _ of the Act by its' amount of profit or subcontractors by an' amount not to exceed t:

4 fee reflected in-the~ subcontract at the time be subcontract was first definitively priced.

o (d). In addition to the; remedies in paragraphs (a) and (c) of:

this clause, the Government may, terminate this contract for .

. . . . - . . . . . . . . . -. . . -~-

._m 4.

7 Pwe U _ l NRC-03-93-030 -Section I default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

[End of Clause]

!.4 52.216-18 ORDERING (APR 1984) (See Task Order Proceaures. Section G~.5)

(a) Any sucolies ano services to be furnished under this contract shall be ordered by issuance of delivery orders by the ]

individuals or activities designated in the Schedule. Suen orders. ,

may be issued from the effective date of the contract through end of period of performance.

(b) All' delivery orcers ara subject to the terms and concitions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.

(c) If mailed, a delivery order is considered " issued" wnen the 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 OELIVERY-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, b 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 obligc.'.ed t)-honor---

1 (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 o"dering office within N/A days that together call for quantities exceeding the limitation in subparagraph-(1) or (2) above. s (c) If-- thi s is- a recut

• ements contract (i .e. ,- includes the -

Recuirements clause at subsection-5 216-21 of the Federal ,

Acquisition Regulation (FAR)), the G0vernment is not required _to-order a -part of any ono requirement from the Contractor if that =

requirement exceeds the maximum-order -limitations in paragraph -(b) _ -

above.

7 (d) Notwithstanding: paragraphs (b) and'(c) abova, the Contractor ,

1shall honor any- order' exceeding' the :masimum order limitations lin D paragraph (b), unless :that order-(or-. orders) is returned to the - -

orderingfoffice within-N/A days afterLissuance, with written notice stating' the Contractor'sL Intent not ta ship. theLitem (ori

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

P 3 age 33 NRC-03-93-030 Section I items) called for and the reasons. Upon receiving this notice, the Government may acoutre the supplies or services from another source.

.l

[End of Clause] l i

I.6 52.216-22 INDEFINITE QUANTITY (ApR 1984) -

i (a) This is an indefinite quantity contract for the supplies orf  ;

services specified, and effective for the period stated,-in the Schedule. The quantities of supnlies 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 orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if croered, the supplies or services specified in the Schedule up to and including the quantity designated-in the Schedule as the "m'aximum." 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 on 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 and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and' 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] ,

1.7 52.217-10PTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided, that the Government shall give the Contractor a preliminary written f

notice of its intent to extend at least- 60 days before the L 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.

(c) The total' duration of this contract. including the exercise of any options under this clause, shall not exceed 4 years. ,

M ,

' ace 39

'RC-03-93-030

, Section I-

[End of Clause]

I.3 52.222-2 PAYMENT FOR OVERTIME PREMlUMS (JUL 1990)

(a) The use of ovartime is authorized under this cortract if.the overtime premium cost does nnt exceed $0 or the overtime premium is paid for work--

(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 nature; (2) Sy indirect-labor employees such as those perfo+ ming 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 4 and cannot rea:onably be interrupted or completed otherwise; or (4)'That will result in lower overall costs to the Go/ernment.

(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 overtime; (2) Demonstrate the effect that-denial of the request will have on the contract 6elivery 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 reauired work cannot be performed by using multishif t coerations or by employing additional personnel.

[End of Clause]

.3 52.222-18 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (MAY 1992)

(a) During the term of this contract, t.he Contractor agrees to post a notice, of such size-and in su:h form as the Secretary of Labor may prescribe, in conspicuous c)c.:es in and about its plants

i Daae 40 NRC-03-93-030 Section I and offices, including all places where notices to employees are custcmarily posted. The notice shall include the following information (except that the last sentence shall not be included in notices posted in the plants or of fices of carriers subject to the Railway Labor Act, as amenced (/5 U.S.C. 151-185)):

Notice to Employees Under Federal law, employees cannot be required to join a union or maintain membership 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 memoers can object to the use of their payments for certain purposes and can only be recuired to pay their share of union costs relating to collective bargaining, contract administration, ana grievance adjustment. ,

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

For turther information concerning your rights, you may wish 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, 1992, and related rules, regulations, and orders of the Secretary of Labor.

(c) In the event that the Contractor does not comply with any 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 Contracter may be declared ineligible 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) through (c) in every subcontract or purcnase order entered into in connection with this contract unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 12800 of April 13, 1992, so that such provisions will be binding upon each subcontractor or vendor.

Tne Contractor will take such action with espect to any such suocontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing sucn provisions, including the imposition of sanctions for norcompliance; provided, however, that if the Contractor becomes involved in litigation with a

9 .

3 dQ0 41-NRC-03-93-030 Section'I _i 1

i subcontractor or vencor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States to enter into sucn litigatien to protect the i interests of the United States. l i

Tend of Clause]  ;

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( =' me 4 2

.gc.33 9 3-03g iection J PART III - LIST OF DOCUMENTS, EXHIBIT 5 AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHFTS a . '. ATTACHMENTS (MAR 1987)

Attachment Number Title i Billing Instructions 2

HRC Contractor Organizational Conflicts of Interest 3 NRC Hancocok 3.8 4 Contractor Soending Plan (CSP)

Instructions 5 Subcontracting Plan +

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_ - - - _ _ _ _ _ _ _ - _ _ _ __-_ - - _ _ _ .