ML20127P069
| ML20127P069 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 06/07/1985 |
| From: | Moonan W, Thompson R NRC OFFICE OF ADMINISTRATION (ADM), TELEDYNE ENGINEERING SERVICES |
| To: | |
| Shared Package | |
| ML20127P030 | List: |
| References | |
| CON-FIN-D-1338, CON-NRC-03-85-067, CON-NRC-3-85-67 NUDOCS 8507020299 | |
| Download: ML20127P069 (19) | |
Text
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NRC-03-85-067 June 10. 1985 NRR-85-067 s.tsseJEoWV l
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- 33. PavMENT weLL DE GAAoE Sv See Section F.2 See'Section G ll. A4,TMosseTV Fon ustteG oTMER TMA9e FULL A#eo o#EN CoMPETS-
- 34. ACCouNTsNG ANo.?.--, HeATso*e oATA FIN D1338 APPN No. 31X0200.205 io us.C.nsosien i
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B&R No. 20-19-40-41-1 Obligated $241,236.00 16A. 8 TEM NO 168. SUPPLIES /SE RVICES ISC. OUANTITV 150.UNff 15E. UNIT PRICE 15F. AMOUNT The Comission hereby accepts Teledyne Enginee-ing Se rvices technical proposal dated June 4, 1985,.khich is incc rporated into this <ontract by this reference
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to perform the efforts as detailed herein.
1SG. TOTAL AMOU887 OF CONTRACT > $29i,4Jb.UU
- 16. TABLE OF CONTENTS VI lSEC. l OESCRIPTION lPAGE $51 VI l SEC. l OESCRIPTION lPAGE(St PART I-TMC sCoeEcuLE PART es - CoNTR ACT Cl*AusLs A
A SOLICITATION / CONTRACT FORM l
Al 8 l CONTRACT CLAUSES l I/
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$UPPLIES OR SERV 6CES AND PMcCES/ COSTS 2
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O PACKAGING AND MARKING 4
PAnv ev - mapetsENTATeofes Aeso eMsf euCTeoNs U
E INSPECTION AND ACCEPTANCE 4
K REPRESENTATIONS.CEMTIFICATIONS AND y
F DELIVERIES OR PERFORMANCE a
OTHE8t STATEMENTS OF OFFERORS y
G CONTRACT ADMINISTRATION DATA D
L SNSTRS..CONOS.. ANO NOTICES TO OFFEROMS v
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Ronald D. Thompson
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NRC-03-85-067 Page 2 Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work Provide an independent comprehensive review and evaluation of the Comanche Peak Program Plan.
The final deliverable will be a written evaluation of the technical adequacy of each section of the action plan highlighting any identified deficiencies vis-a-vis the SSER corrective actions and recommending changes / improvements as appropriate.
B.2 A.
Total Estimated Cost........................$219,306.00 Fixed Fee...................................$ 21,930.00 Total Estimated Cost Plus Fixed Fee.........$241,236.00 Section C - Description / Specifications / Work Statement C.1 Statement of Work i
C.1.1
Background
Comanche Peak Steam Electric Station is in the final stages of the i
operating license review process.
The Construction Permits for Units I and 2 were issued on December 19, 1974.
Texas Utilities docketed their application for operating licenses on April 25, 1981, and the Safety Evaluation Report -(SER) on July 14, 1981.
Because of the large number of outstanding issues identified in the SER the staff recommended delaying the Advisory Committee on Reactor Safety (ACRS) review.
SER i
Supplemental No. I was issued on October 16, 1981, and the ACRS meeting I
was held on Ndvember 13, 1981.
The ACRS, by letter dated November 17, 1981, supported issuance of an operating license. A late SER Supplement was issued on November 23, 1983.
Comanche Peak has been in a heavily contested hearing for over two years.
All but one contention has been dismissed.
The remaining contention questions the ability of the applicant's Quality Assurance / Quality Control (QA/QC) Program to prevent deficiencies in the design and construction of the plant. The Licensing Board has admitted many allegations of design and construction deficiencies into the hearing as relevant to this contention.
Recently several SER supplements has been issued which address these allegations and others are yet to be published.
The applicant is l
preparing a program plan which is intended to respond to NRC's findings included in these SSER's and other hearing related documents.
C.I.2 Scope of Work Provide NRC assistance and services in evaluating the Comanche Peak Action Plan and its implementation in the areas of civil, structural, mechanical, electrical areas, quality assurance, and design.
1.
Review NRC SSER's related to Comanche Peak Allegations in the areas of civil s tructural, mechanical, electrical, quality assurance.
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NRC-03-85-067 Page 3 This should be completed within four working days following contract initiation.
2.
Conduct an in-depth review of the Comanche Peak Program Plan which has been prepared to respond to NRC SSER findings.
This should be completed within three weeks following contract initiation.
3.
Provide a written evaluation of the technical adequacy of each section of the action plan highlighting any identified deficiencies vis-a-vis the SSER corrective actions and recommending changes / improvements as appropriate. This written evaluation should be provided to the NRC within six weeks after contract initiation.
C.1.3 Schedule and Level of Effort Task 1 Estimated Level of Effort, FY 85 2.3 staff months Completion Date 4 working days after contract initiation Task 2 Estimated Level of Effort, FY 85 6.8 staff months Completion Date 3 weeks after contract initiation Task 3 Estimated Level of Effort, FY 85 8.6 staff months Completion Date 6 weeks after contract initiation C.2 Meetings and Travel It is anticipated that the following trips will be required:
1.
Glen Rose, Texas - f trips,,$ people for 4; days.
2.
Bethesda, Maryland -~ 4 Jtrips,'3fpeople -for 3 days 3.
Champaign, Illinois - 2 trips, 2 people for 2 days C.3 Government Furnished Material 1.
The following will be provided by the NRC Project Officer upon award of the contract:
(a) Supplemental Safety Evaluation Reports 7 through 11, related to Comanche Peak allegations.
(b) Comanche Peak Program Plan (c) Comanche Peak FSAR
^
NRC-03-85-067 Page 4 Section D - Packaging and Marking D.1 Packaging and Marking The Contractor shall use standard commercial packaging for all items to be delivered. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
Section E - Inspection and Acceptance The Contractor shall refer to Section I, Clause No. 52-252-2 for citations incorporated by reference.
Section F - Deliveries and Performance F.1 Reporting Requirements 1.
Upon completion of the review of the Comanche Peak Program Plan, the contractor will provide to the NRC Project Officer a Technical Evaluation Report (TER).
This TER will address for each technical area / discipline of the Program Plan:
(a) The effectiveness of the Plan in responding to the concerns included in the NRC SSER's.
(b) The technical adequacy of all corrective actions included in the Program Plan.
The report detailed above shall be provided six weeks after contract initiation.
F.2 Place of Delivery The final report to be furnished hereunder shall be delivered with all transportation charges paid by the Contractor, to:
1.
Copies to the Project Officer (5 copies):
U.S. Nuclear Regulatory Comnmission ATTN: Charles Traninell Office of Nuclear Reactor Regulation Division of Licensing hail Stop P-234 Washington, DC 20555 2.
CNpy to Contracting Officer (1 copy):
U.S. Nuclear Regulatory Commssion ATTN: Contracting Officer Division of Contracts Mail Stop AR 2223 Washington, DC 20555
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NRC-03-85-067 Page 5 F.3 Durati.on of Contract Period This contract shal1< become effective on date of award as stated in Block 3 of the SF 26, and shall continue to completion thereof, six weeks after said contract is effective.
F.4 FAR Citations The Contractor shall refer to Section I,
Clause No. 52.252-2 for citations incorporated by reference.
Section G - Contract Administration Data G.1 Consideration Estimated Cost, Fixed Fee and Obligation 1.
It is estimated that the total cost to the Government for full perfonnance of this contract will be $241,236.00, of which thc sum of $219,306.00 represents the estimated reimbursable costs, and of which $21,930.00 represents the fixed fee.
2.
There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost perfonnance of that work.
3.
The amount presently obligated by the Government with respct to this contract is $241,236.00.
G.2 Overhead / General and Administrative Rates A.
Pending the establishment of final overhead rates which shall be.
negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of 126.9 percent of direct labor.
B.
Pending the establishment of final general and administrative rates
)
which shall be negotiated based on audit of actual costs, the 1
Contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of 10.2 percent of total direct Costs.
j C.
Notwithstanding A. and B. of this Section, sai. provisional overhead end G&A rates may be adjusted as appropriate during the tenn of the contract upon the acceptance of such revised rates by the Contracting Officer.
G.3 Payment of Fixed Fee Payment of fixed fee shall be in accordance with paragraph (b) of clause 52.216-8 entitled " Fixed Fee" and the NRC billing instructions in Part III, Section J.
NRC-03-85-067 Page 6 G.4 Technica1' Direction Performance of the' work under this contract shall be subject to the technical direction of the NRC Project Officer named in Section G.5 A.
of this contract.
The term " Technical Direction" is defined to
-include the following:
Technical direction to the Contractor which shifts work emphasis 1.
between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual scope of work.
Providing assistance to the Contractor in the preparation of 2.
drawings, specifications or technical portions of the work description.
Review and where required by the contract, approval of technical 3.
reports, drawings, specifications and technical information to under the be delivered by the Contractor to the Government contract.
B.
Technical direction must be within the general scope of work stated The Project Officer does not have the authority to in the contract.
and may not issue any technical direction which:
Constitutes an assignment of additional work outside the general 1.
scope of the contract.
Constitutes a change as defined in the clause of the General 2.
Provisions, entitled " Changes."
In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required fo:-
3.
c I
contract performance.
Changes any of the expressed tems, conditions or specifications 4.
of the contract.
ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRIT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON C.
A copy of said written (10) WORKING DAYS AFTER VERBAL ISSUANCE.
direction shall be submitted to the Contracting Officer.
The Contractor shall proceed promptly with the perfomance of l
technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority f
l under the provisions of this article.
I 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 B(1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (S) working days after the receipt of any such instruction or direction and'shall request the Contracting Officer to modify the contract 4
~ ~ ~ - - - - - -
NRC-03-85-067 Page 7
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ac cordingly. Upon receiving such notification from the Contractor, the' Contracting Officer shall 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.
D.
Any unauthorized connitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's perfomance, and may even result in the Contractor expending funds for unallowable costs under the contract.
E.
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 i
thereto shall be subject to the provisions of the contract clause entitled " Disputes."
G.5 Project Officer A.
The individual (s) listed in "B" below is (are) hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to approve or request any action which results in or could result in an increase in contract cost; or terminate, sett.le any claim or dispute arising under the contract, or issue any unilateral directive whatever.
The Project Officer is responsible for:
(1) monitoring the Contractor's technical
- progress, including surveillance and assessment of perfomance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) perfoming technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and
- 15) assisting the Contractor in the resolution of technical problems encountered during performance.
Within the purview of this authority, the Project Officer is authorized to review all costs requested for reimbursement by Centractors and submit recommendations for
- approval, disapproval, or suspension for supplies / services required under the contract.
The Contracting Officer is responsible for directing or negotiating any changes in tems, conditions, or amounts cited in the contract.
For guidance from the Project Officer to the Contractor to be valid, it must:
(1) be consistent with t.he description of work set forth in-the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of perfomance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
NRC-03-85-067 Page 8 B.
Name and Mail Code:
Charles Trammell Mail.Stop P-234 Office Address:
U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Division of Licensing Washington, DC 20555 G.6 Travel Reimbursement The Contractor will be reimbursed for the following reasonable domestic travel costs incurred directly and specifically in the perfonnance of this contract and accepted by the Contracting Officer:
1.
Per diem shall be reimbursed at a daily rate not to exceed $50.00 The per diem amount is comprised of lodging expense plus $23.00 for meals and miscellaneous expense, the total of which shall not excedd the daily rate.
2.
Should the contractor be required to travel to one of the high rate geographical areas as detailed in the Federal Travel Regulations (FTR) actual subsistence costs shall be reimbursed at a daily rate not to exceed $75.00.
3.
The cost of travel by privately owned automobile shall be reimoursed at the rate of 20.54 per mile.-
4.
The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.
5.
All common carrier travel reimbursable hereunder shall be via economy class rates when available.
If not available, reimbursement vouchers will be annotated that economy class acconinodations were not available.
First-class air travel is not authorized.
6.
Receipts are required for common carrier transportation, lodging and miscellaneous items in excess of $25.00.
G.7 Payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of:
(1) The date of actual receipt of a proper invoice (original and 4 copies) to:
U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C.
20555 or (2) The date the final deliverable product / service is accepted by the Government.
WRC-03-85-067 Page 9 (b) For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of the final deliverable product / service perfonned in accordance with the tenns of the contract.
(c) If the final product / service is rejected for failure to conform to the technical requirements of the contract, the' provisions in paragraph (b) of this caluse will apply to the new delivery of the final product / service.
(d) The date of payment by wire transfer through the Treasury Financial Communications System shall be considered the date payment is made for individual payments exceeding $25,000.
The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less.
G.8 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:
U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington,.D.C.
20555.
To constitute a proper invoice, the invoice must include the following infonnation and/or attached documentation:
(1) Name of the business concern,and invoice date.
(2) Contract number or other authorization for delivery of property or services.
(3) Description price and quantity of property and services actually delivered or rendered.
(4) Shipping and payment tenns.
(5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom pay'nent is to be sent.
(6) Other substantiating documentation or information as required by the contract.
G.9 Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payment of the expiration invoice under this contract and requires the payment of interest to Contractors on overdue payments of the expiration invoice or improperly taken 4
discounts.
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NRC-03-85-067 Page 10 (b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations, OMB Circular A-125 provides that:
(1) Interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.
(2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date.
Interest will be computed from the day after the due date through the payment date.
(c) For purposes of this clause, an expiration invoice is defined as a f
claim submitted for costs incurred for performance through the expiration date of a Cost Type contract.
Section H - Special Contract Requirements H.1 Key Personnel (a)
The following individual is considered to be essential to the successful performance of the work hereunder.
~
Donald F. Landers The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) hereof.
(b)
If one or more of the key personnel 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. shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.
(c) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions.
They must contain a complete resume. for the proposed substitute, and other infonnation requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitution.
The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his approval or disapproval thereof in writing.
(d)
If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, tenninated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive
NRC-03-85-067 Page 11 effort.would be so substantial as to impair the successful completion of the contract or the service order, the contract may be teminated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he 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.
H.2 Safety, Health, and Fire Protection The Contractor shall take all reasonable precautions in the perfomance 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 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 said regulations or requirements, the Contracting 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 or damages by reason of or in connection with such work stoppage.
H.3 Dissemination of Contract Infomation (0MB Clearance Number 3150-0112)
The Contractor shall not publish, pemit to be published, or disseminate to the public any information, oral or written, concerning the work perfomed under this contract without the prior written consent of the Contracting Officer.
Two copies of any infomation proposed to be published or disseminated shall be submitted to the Contracting Officer.
Failure to comply with this clause shall be grounds for termination of this contract.
H.4 Private Use of Contract Information and Data Except as otherwise specifically authorized by Section H., publication of contract work of this contract, or as otherwise approved by the Contracting Officer, infomation and other data developed or acquired by or furnished the Contractor in the perfomance of this contract, shall be used only in connection with the work under this contract.
H.S Drawings, Designs, and Specifications AlldIawings, sketches, designs,designdata, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work or any part thereto, shall be subject to inspection by the Conunission at all reasonable times (for which inspection the proper facilities shall be afforded the Conunission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpos,e whatsoever without any claim on the
NRC-03-85-067 Page 12 part of the Contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the Contractor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract.
The Contractor's right of retention and use shall be subject to the security, patent, and use of infomation i
provisions, if any, of this contract.
H.6 Proprietary Data and Confidential Information In connection with the performance of the work under this contract, the Contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (P.L.93-579), or other infomation which has not been released to the public or has been determined by the Comission to be otherwise exempt from disclosure to the public.
Contractor agrees to hold such information in confidence and not to directly or indirectly duplicate, disseminate, or disclose such infomation in whole or in part to any other person or organization except as may be necessary to perform the work under this contract.
Contractor agrees to return such infomation to the Commission or othemise dispcse of it either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or temination of this contract.
Failure to comply with this clause shall be grounds for termination of this contract.
H.7 Security (OMB Clearance Number 3150-0112)
(a)
It is the Contractor's duty to safeguard Restricted Data, Formerly Restricted Data, and other classified infomation.
The Contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding Restricted Data, Fomerly Restricted Data, and other classified infomation and protecting against sabotage, espionage, loss and theft, the classified documents and material in the Contractor's possession in connection with the performance of work under this contract.
Except as otherwise expressly in this contract, the Contractor shall, upon completion or provided temination of this contract, transmit to the Commission any classified matter in the possession of the Contractor or any person under the Contractor's control in connection with performance of this contract.
If retention by the Contractor of any classified matter is required
~'
after the completion or termination of the contract and such retention is approved by the Contracting Officer, the Contractor will complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained.
The certification shall identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if If the retention is approved by the Contracting Officer, the known.
NRC-03-85-067 Page 13 i
securityf provisions of the contract will continue to be applicable to the matter retained.
l (b)
Regulations.
The Contractor agrees to conform to all security regulations and requirements of the Commission.
(c) Definition of Restricted Data. The term " Restricted Data," as used in this clause, means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as amended.
I (d)
Definition of Fomerly Restricted Data.
The term "Formerly Restricted Data." as used in this clause, means all data removed from i
the Restricted Data category under section 142-d. of the Atomic Energy l
Act of 1954, as amended.
l W
Security Clearance Personnel. The Contractor shall not permit any individual to have access to Restricted Data, Fomerly Restric*:ed Data, i
or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Comission's regulations or requirements applicable to the particular type or category of classified information to which access is required.
e f
(f)
Criminal Liabilities.
It is understood that disclosure of Restricted
- Data, Formerly Restricted
- Data, or other classified infomation relating to the work or services ordered hereunder to any i
person not entitled to receive it, or failure to safeguard any Restricted Data, Fomerly Restricted Data, or any other classified matter that may come to the Contractor or any person under the Contractor's control in connection with' work under this contract, may l
subject the Contractor, its agents, employees, or subcontractors to-criminal liability under the laws of the United States.
(See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 11652.)
l (g)
Subcontracts and Purchase Orders.
Except as otherwise authorized in writing by the Contracting Officer, the Contractor shall insert
}
provisions similar to the foregoing in all subcontracts and purchase orders urider this contract.
(h)
In perfoming the contract work, the Contractor shall assign classifications to all documents, material, and equipment originated or generated by the Contractor in accordance with classification guidance by the Commission.
Every subcontract and purchase order issued 3
hereunder involving the origination or generation of classified documents, material, or equipment shall provide that the subcontractor or supplier shall assign classifications to all such documents, material, and equipment in accordance with classification guidance furnished by the Contractor.
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NRC-03-85-067 Page 14 H.8 Contractor Organizational Conflicts of Interest (0MB Clearance Number 3150-0112)
(a)
Purpose.
The primary purpose of this clause is to aid in ensuring that the Contractor:
(1) Is not placed on a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b)
Scope.
The restrictions described herein shall apply to pe formance or participation by the Contractor as defined in 41 CFR 520-1.5402(f) in the activities covered by this clause.
(c)
Work for Others.
Notwithstanding any other provision of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract The Contractor shall ensure that all employees who are emp1 full time under this contract and employees designated as key pe.
if any, under this contract abide by the provision of this cl a u'.
If the Contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or. organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.
(d) Disclosure after award.
(1)
The Contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any (organizational conflicts of interest, as defined in 41 CFR 20-1.5402 a).
(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 writing to the Contracting Officer.
This statement shall include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the Government.
(e) Access to and use of infonnation.
(1)
If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to:
(i) Use such information. for any private purpose until the information has been released to the public;
NRC-03-85-067 Page 15
. (ii) compete for work for the Coninission based on such information for a period of six (6) months after either the completion of. this contract or the release of such information to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on such information until one year after the release of such information to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.
(2)
In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial infomation under this contract, the Contractor shall treat such infomation in accordance with restrictions placed on use of the infonnation.
(3)
The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f)
Subcontracts.' Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " Contractor," and
" Contracting Officer," shall be appropriately modified to preserve the Government's rights.
(g)
Remedies.
For b:each of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may tenninate the contract for default, disqualify the Contractor from subsequent contractual efforts, anti pursue other remedies as may be permitted by law or this contract.
(h). Waiver.
A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined in 620-1.5411.
H.9 Method-of Payment (a) Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.
(b) Within seven days after the effective date of the contract, the Contractor shall forward the following information in writing to the Contracting Officer to facilitate wire transfer of contract
NRC-03-85-067 Page 16 paypents.
In the event that the Contractor's financiak institution has access to the Federal Reserve Consnunications System, Contractor shall complete all items except items 7 - 9.
In the event the Contractor's financial institution does not have access to the Federal Reserve Communications System, Contractor shall complete all items except item 4.
1.
Name and address of organization 2.
Contact person and telephone number 3.
Name and address of financial institution 4.
Financial institutions's 9-digit ABA identifying number for routing transfer of funds 5.
Telegraphic abbreviation of fi,nancial institution 6.
Account number at your financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Communications System 7.
Name and address of the correspondent financial institution your financial
. institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Communications System 8.
Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds 9.
Telegraphic abbreviation of correspondent financial institution 10.
Signature and title of person supplying this infonnation
- (c) Any changes to the infonnation furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing.
It is the Contractor's responsibility to furnish these changes promptly i
to avoid payments to erroneous bank accounts.
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NRC-03-85-067 Page 17 PART II - CONTRACT CLAUSES Section I - Contract Clauses' 52.252-2 CLAUSES INCORPORATED BY REFERENCE.
(APR 1984)
This contract incorporates the following 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 Section E 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT.
(APR1984)
Section F 52.212-13 STOP-WORK ORDER.-- Alternate 1 (APR 1984)
Section I 52.202-1 DEFINITIONS.
(APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT.
(APR1984) 52.203-3 GRATUIIIES.
(APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES.
(APR 1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL.
(APR1984) 52.215-2 AUDIT--NEGOTIATION.
(APR 1984) 52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA.
(APR 1984) 52.215-24 SUBCONTRACTOR COST OR PRICING DATA.
(APR1985) 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY-(APR1984) 52.216-7 ALLOWABLE COST AND PAYMENT.
(APR1984) 52.216-8 FIXED FEE.
(APR 1984) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS.
(APR 1984) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES.
(APR1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS.
(APR1984) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES.
(APR 1984) 52.222-3 CONVICT LABOR.
(APR 1984) 52.222-26 EQUAL OPPORTUNITY.
(APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.223-2 CLEAN AIR AND WATER.
(APR 1984) 52.227-1 AUTHORIZATION AND CONSENT.
(APR1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT.
(APR 1984) 52.227-11 PATENT RIGHTS--RETENTION BY THE CONTRACTOR (SHORT FORM).
(APR 1984) 52.228-7 INSURANCE LIABILITY TO THIRD PERSONS.
(APR 1984) 52.230-3 COST ACCOUNTING STANDARDS.
(APR 1984) 52.230-4 ADMINISTRATION OF COST ACCOUNTING STANDARDS.
(APR1984) 52.230-5 DISCLOSURE AND CONSISTJNCY OF COST ACCOUNTING PRACTICES.
NRC-03-85-067 Page 18 (APR1984)(APR1984) 52.232-17 INTEREST.
52.232-20 LIMITATION OF COST.
52.232-23 ASSIGNMENT OF CLAIMS.
(APR1984) 52.233-1 DISPUTES.
(APR 1984) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS.
(APR 1984) 52.243-2 CHANGES--COST-REIMBURSEMENT.
(APR 1984)--Alternate I.
(APR 1984) 52.244-2 SUBCONTRACTS UNDER COST-REIMBURSEMENT AND LETTER CONTRACTS.
(APR 1984) 52.244-5 COMPETITION IN SUBCONTRACTING.
(APR1984) 52.246-25 LIMITATION OF LIABILITY--SERVICES.
(APR1984) 52.249-6 TERMINATION (C0ST-REIMBURSEMENT).
(APR1984) 52.249-14 EXCUSABLE DELAYS.
(APR1984)
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NRC-03-85-067 Page 19 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachme'nts Attachment Number Title 1
NRC Organization Chart 2
NRC Contractor Organizational Conflicts of Interest (41 CFR Part20) 3 NRC Manual Chapter 3202 4
Billing Instructions for Cost-Type Contract 4
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