ML20128K673
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%6 1963 MEMORANDUM FOR: B. Paul Cotter, Jr., Designating Official Atomic Safety and Licensing Board Panel FRON: Mary Jo Mattia, Contracting Officer Administrative Contracts Branch Division of Contracts Office of A&iinistration
SUBJECT:
STEN 0 GRAPHIC REPORTING SERVICES CONTRACT The Chainnan has approved a staff reconnendation to divide the stenographic
. reporting services into two contracts, one for services within the Washington area and one for services required out-of-town. ASLBP as the primary user of the out-of-town services has been designated by OCM to be the Designating Official and the rusponsible program office for the out-of-town contract. The Secretary will be the Designating Official and responsible office for the Washington area contract.
Our current contract for stenographic reporting services will expire March 15,1984. To provide follow-on stenographic reporting services for NRC's out-of-town requirements without interruption it is essential
, that a Request for Procurement Action (RFPA), to include the following items, be forwarded to tse by December 16, 1983:
- a. A draft statement of work. .
- b. A listing of the services required for a two year period with a Government estimate detailing the estimated pages and price for each category designated.
- c. A list of the estimated number of hearings, their location and estimated duration.
- d. Evaluation criteria setting forth the specific elements upon which the competing offerors will be rated. A firn decision has not been made at this point whether these i out-of-town requirements will be issued as an advertised l
(IFB) or a negotiated (RFP) procurement.
? e. Your letter dirsignating a Panel Chairperson and technical q
members of the Source Evaluation Panel. ,
i U Copies of the prior Request for Proposal and Contract No. NRC-17-83-399, the existing contract, are attached to assist you in developing the above require nts. We plan to issue an unrestricted, competitive solicitation l for the requirementr.. A two year contract period is recommended. If you l concur, a RFPA with the documentation requested in subparagraphs a through c above should be developed accordingly.
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Q D3 g o 841115 RILEY84-734 PDR l
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B. Paul Cotter, Jr. As the responsible-program office, ASLBP rust obtain, consolid3te And submit all SRC require.cnts for out-of-tonn stenographic re,Lrt.ing sarvice. By copy of this rr.arandum, HRC activities currently :: ".; at-of-to..m contract stanographic raporting services are notified of
.n ts the ir.Todiate need to define and sutmit their new out-of-tc..n crJr.
to ASLBP. Coordination with OR!i by ASLBP re;arding realiosaticn of funds betreen the'in and out-of-town require.. ants should be affe:s A.
-In view of- the 'prxur2 ant history in soliciting for th:se see-& es md
- the impending upiration of the current contract on f' arch 15,1534, we
- ust be prepared to encounter. problems and resultant delays durtn; the contractor selection process. We are fully aware of NRC's need for this vital service and are prepared to provide full support to avoid any 1,terruption to the services. To -this end, I have designated !!rs. Kathryn Davis of my staff as the cognizant contract negotiator for this requira.. int.
If you have any questions or need additional infornation for c mp'etion of your RFPA, please contact her on extension 27125.
ru oy0GMgGIN D
- bry Jo "attia, Contracting Officer .
Mainist*ative Contracts Branch Division of Contracts Office of Administration
Enclosures:
As stated 6
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. Table of Contents (N i This' contract consists of. the following: #
"*M r i g'( "* %# .{.JC.-a ..i 1s. .. .. . ' ) ,
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Article I - Supp. lies / Services / Prices d'" ' /A " fC '4 15 .
5 e 31wi" y.1 14.f..
(iay.~s- s. g"u t Suis
Article II --Descriptions / Specifications ~ ~* 7 ' l 17 - 24 Article III - Period of Perfonnance 25 j h Ar2H R "! Og.b 0; S ;,,J EM o:cied af ?;c'; =ce 25 ArticielV f
- Packaging and Marking 25 ArticleV7-DeliveriesorPerformance 25 - 31 ArticleVI{-Inspectionand' Acceptance-
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31 Article VII Special Provisions 31 - 40 -
/7. Late or Defective Delivery "'
- d. Copied Matter
- c. Expenses of Contractor ,
o, Guaranteed Minimum S.Cha rges
. tr. Failure of Contractor to Appear
- c. Sale of' Copies if. Restrictions on Disclosure 1 Materials
.i Private Use of Contract Information and Data f;.~ Working Space and Storage Facilities
- 4. Security ,
- 4. Classification N Security Classification
- p. ifc re.r'r . ci, (t iJcmH mn to.'..iu
, r. Subcontract for Work or Services
. p. Service Contract Act Wage Determination s
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e .___,,____o. __j__,________,,_
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- Table of Contents Continued-
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g.
Article Y - Ceiling
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- Travel .,f;cSys ArticielX , ;; .r;;;;.it >
.. Article X[ - Payment and Invoice Requirements ,
ArticleXI[-KeyPersonnel :;
ArticleXI[-ProjectOfficer !
i -
i Article - Technical Direction f::-25 Article - Security :6
'ArticleXV[-GeneralProvisions' fMr Dr <46 :'
LIST OF ATTACHMENTS 53
-NRC Organizational Conflicts of Interest Attacnment 1 (41 CFR Part 20)
U.S. Department of Labor Wage Determination Attacnment 2 Billing Instructions Attachment 3 Security Form 187 Attacnment 4
, -General Provisions Attacnment 5
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i y Article II - DESCRIPTIONS / SPECIFICATIONS
- 1. SACKGROUND\ f wSut,. k. -lkk)E-~b '
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N The Nuclear RegulitoqComission (NRC) equires stenographic repor:1nce services for hearings a: oral arguments by the Atomic Safety ticen s i .m; O " - ' Board Panel (ASLBP and the AtomiM Safety and Lice Appeal' Panel (ASLAP); meetings o the Advisory Comittee on ctor Safeguart f (ACRS); meetings of Commissioners in compliance with Government in tre s Sunshine Act; and other meetings or workshops for NRC's Division of S'ecum .
4 g Division of Contracts. Office of Public Affairs . Of ficn of Staic Prnvm Aj anel nther uffices as required.
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[./ In keeping with NRC's mission protect &en-e( the public health .snil safety in the utilization of commercial nuclear power, many puolf c hearings g and adjudicatory preceedings are held as a part of the decisiert making 6w, proce These hearings are an extremely important and closeiy, scrutinized part o the Commission's daily operations. The nature of the. services are such that delays, errors and other forms of unsatisfactory performance will jeopardize the interests of the Comission and adversely impact its hearing review process resulting in unacceptable delays in completion of the regulatory process for c:n tr= ti g and pcrcticq-ef nuclear power plants tus s4 b'-* Ma e7%
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- The subject matter to be recorded at WMF adjudicatory hearings and oral ,
, arguments before Atomic Safety and Licensing Boards and Appeal Boards #
.J and at meetings of the Advisory Comittee on Reactor Safeguards and other j advisory comittees is very complex and of a highly technical nature i primarily in the field of nuclear reactors and nuclear eneroy. I css
? lerhnirni but equally demanding are meetinya.. nften extremely informal, d Ln be recorded in compliance with the Government in the Sunshine Ast.
A portions of which ma be highly sensitive or of a cunfidential nature.
h ,m..i;i.e eri rsonnel security interviews conducted by the 4 Division of Security.wMeh must always be recorded in - =- - " ' '
utmost confidentiality. Workshops conducted by the Office of State Programs or other ' offices -are held in various locations throughout the country wnich of ten require multiple, simultaneous reporting.
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- 2. Definf.tions
. a. (mployment agreement: _ An agreement which creates an emolcyer/emaioyee relationsnip between a business entity and an individual fn whicn the parties agree that, in exchange for services rendered witnin a specified tour of duty as determined (and controlled) by the organization, the N organization shall cay specified wages or salary to the individual
.,' and possibly fringe benefits such as health insurance. Additionally,
- the organization is responsible for the withholding of social security and necessaryFederal/ State employment taxes from the base salary of the employee.
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- b. Consecutive hearina days: Days in which hearincs take place whicn are broken only by weekends or holidays.
/
- d. Headouarters
- means the Comission offices locatec in Setnesca.
I-Rockville, and Silver Spring Maryland, and in downtown Washing. .
,id.J k. y //7 ci.e a s .s e t.- ust , ,,-
- y. Hearin
- may include, but not necessarily be limited to, any '/',_~_
and a M % h a .- M;;.sconducted by the Nuclear Regulatory jCor-W:-
7 (NRC) .fert i : "Wu e * ?re anar=+4mne '. g
-industry conferences, c ammittee meetings, board telephone con;erenceson t reg
( and press briefinas#co ferences. The tem " hearings" shall ::e : ns-~ *
- o include proceeding for the taking of depositions related :: m " ~;;
on regulatory matter and any other proceedings deemed necessary Oy the Commission.
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f f. W :pil :: E.;/:
=hc shall include dup)ication by various processes inc?.:"c
-( ditto, hectograph, mimeograph, Aerox, etc.
- f. Non-consecutive hearino days: days in which hearings take place wnicn are A m &. by workdays.
- g. Non-regular hours: those hours worked af ter 6:00 p.m. on a ;;ven cay through 9:00 a.m. the following day and includes all work pe-fe med on Federal Government holidays and on all Saturdays and Sundays.
- h. Regular hours: those hours between 9:00 a.m. and 6:00 p.m. Monday through Friday, excluding legal Federal Government holidays.
- i. Session: a reporting unit or part of a hearing for which a hearin; transcript is required to be delivered hereunder.
v J. i ter- "$tenographic reporting means the reporting of spoker, words recorded by the reporter at hearings by means of stenograonic notes or by his directly recorded dictation or nis monitored direc:
recording and the typed reproduction thereof.
- k. Subcontract: A commercial' contract which creates an independent contractor relationship between two entities and which does not exhibit the characteristics of an employment agreement. The subcontractor has the responsibility to provide all or any part, of supplies or services required in the performance of any one cr more prime contracts.
Y
'. Frte .Mrs " Washington, DC Metropolitan Area means and includes -
area within a 30-mile radius of tne Zero milestone in tne Distr 4 -
_of_ Co_lumbia._ . _ _ _ -._. .-
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~ 2 .' DESCP.!PTIONS/ SPECIFICATION - '-'l""~' ",L..t..y. - ),
The Contractor shall- nish Stenographic Reporting Services for ned c;
, in the United States the Virgin Islands as{ including may be required Puerto Rico, to be Alaska, reportedHawaii for the andUS Nucleer le: .
7 Ccc7ni s s i ch5e a dq ua r teTs; ( NRC ) ope ra ti on s . The Commission acrees to v e-from the contractor alt of the Commission's Aeadcuarters ', require ent: r the services described he, rein, except, however, e s one discretion of tne Cocinission for certain closed meetings of '-_ ' ~ ~ ;- "; r : . c cm ' " "i M wee'~ts whern lnhouse capaMMies are ut T541. ' Tri a3II'tTo'li . l is 'M en o
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mTy' 0' r ' ~niy' n'n'l ' us e i he* Corit'rn't Lo r" f o r fo' it in ar inq. hr 1d wIih ofIn r i ens >
5ta te , or t oi al tiover nnent Agencies, wh cheve r I.s in the lu st initi rt '.f 'e Coninission.)flhe Comnission at all ti .es shall h<ive the e ight to e epi e nini
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transcripts furnished under this contract, or copies thereof. The Car. 3::'-
agrees to furnish the services set forth herein wnen ordered by tne : r:: "
TPYour attention is directed to Clause ll, Paragraph (a), of the General Provisions entitled " Default" which establishes the' criteria for cefaul:
of a Contractor and the liability of the Contractor to the Government. .
- a. Performance. The Contractor shall promptly provide as many comoetent stenographers and maintain such staff and equipment as may be necessary for 'the furnishing of satisfactory transcripts in accordance with the requirements _ of this contract. All work shall -be performed in a bu:ir.es:-
1.ike manner shall conform to the standards set forth in this staterent of work. m(
b .- Suoervision. The Contractor, or the duly authorized employee, agent, or -representative of the Contractor, shall present himself to the person in charge of. the proceedings _ and he shall at all times be governed oy tne instructions of the Presiding Officer.
- c. Reoorting. Everything spoken during a hearing shall be reported and incorporated into the transcript unless the Presiding Officer othersise di rec ts'. This.shal1 include a record of appearances, with the names and.
identification o'f the parties who actually testify or speak at the proceedings or who request the entering of their appearance, together with such other matters as may be directed by the Presiding Official to be included.
Nothing spoken at the ' proceedings shall be "off the record" unless so designated'by the Presiding Officer. No part of the proceedings, notes of which have been taken, shall be omitted from the record unless the Presiding Officer so directs. A full and complete verbatim record shall be made and transcribed. The Contractor shall not use direct reporting (i.e., monitored direct recording and the typed reproduction thereof) for all Advisory Committee -
on Reactor Safeguard and Commission Meetings. (See Attachment 8).' The NRC may, on occasion, suggest to the Contractor that a particular metnod of steno-graphic reporting be utilized for a specific hearing and/or meeting.
- d. Recess. Upon. notification by the reporter for a request to recess in
, order to replace paper, tape, or other ne:essary materials used_ in performance of. the work, the- Presiding Officer may grant such a request and order a recesss for a reasonable time. However, in the case of Commission Meetings, where the Commission will provide the contractor a complete back-up electronic tace (cassette) of the meeting, no such recess will be allowed.
- e. Accuracy. (1) It shall be the responsibility of the contractor to furnisn-complete transcripts which accurately reflect the full and complete
- verbatim record of the hearing. If electronic sound devices are used, they must.be of such quality as to insure against error, misinterpretation, or loss of-voice. Equipment must be operator monitored and include simultaneous playback, ' listening, pre-amplification and speaker identification facilities.
- The placement of all equipment utilized by the contractor is subject to the approval of the Presiding Officer.
(2) Where errors attributable to the contractor's performance appear in the transcript- (i.e., those. which change or obscure the meaning of
~ the testimony, but not including typographical errors or misspelling, if the
Page 21 intended meaning is clearly evident, such as "thier" for "thei r" cc ' + -
. for "the", etc.) in excess of one (1) error per 100 words of transcr :-
the Comission may demand and the contractor shall correct the error'; v:
furnish corrected transcripts within five (5) calendar days after rece ::
of notification, and without additional cost to the Commission for same, regardless of the delivery time the original order specified.
- f. Fo nna t.
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f.!1,ma .~h a ,t..i10 X".w
(1) Transcriots Transcrip o .~ l be typed with black ene-time car:::
ribbons on 20-pound rag bond or ecual ECarben ccpies must be en 2C-Ea-
'g scund manifold pacer and have a clea , tharp, black image. All transcri: :
fur lished to the Canaissicn must be suitable for high cuality re;r:ducci:n Paper shall be 3-1/2 in. x 11 in. in cn copying size, or duplicating witn a margin of 1-3/4equip in, at t=ent]he left-hand side and a margin of 3/3 -
,; at the right-hand side. Paper to be used will be subject to acoraval by tne
'; Cc nission. Typing shall be ten (10) spaces to the incn, dcuble-s: aced.
i Vnenever testimony is centinuous, recuiring more than one line , the typing j shall begin as close as possible to the eft mied marginal line, warcs ::
3 7 be procerly hyphenated when necessary, ages necessarily ccatainin
?
- nan 25 lines shall be charged and paid for at the full page rate]gNeless 5
payment will be made for lines in excess cf 25 lines _: the page.4 Numbers
, indicating each line of transcriptica ucen page; i.e.,1 ::E ndiusive, shall be printed at the left . ,inai line of the criginal transcri;::.
,k ,p*,y.u,J,z Mf;.+ mA 'hy!m % ~ ,O-(2) Indexino. In the original and each copy of the tr_nscri:t tne ti tl e - A ~e page snowing name, docket nt:nber, place and date of proceecings , a::earanca,,J,4 ,. .
' location, etc., shall be followed by a page or pages r /L p + a..e j ,s - g jl*g incexing the witnesses and exhibits to testimony. Each t; inscript shall ,d
/ '- t include one canplete cumulative index of witnesses and ex ibits. ' The incex , ' , , ,
i s%indic: c the pages devoted to the testimeny of the itness, anc snall
,,, ,pf findentify the exhib 4ts by nt:nber and synbol showing e party intr:duced d.
and give a brief description of the nature of the exhibit. ing wi 1 wP']#,
P ,,P s e required on transcriots of Comission meetinos
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.t in ww-e m e. ou a sut w - rn.atwors , suns.s. m r a1. ian uuo m mt. 'MmM*-
ma nsmam.or- omsMorrne or- o ocurmwrz e run. unsuna. m ,rscq s s nu scannnesstM ce nu. u con,o. a sumos ouou w. peswa.oecueran rwupwegen son u (er me, cum,Facina ti en . .
- 3) The paging of the transcript shall be in a sing.e rerlesgamm.
O cf ,c:nsecut rve nts: bering regardless of the numcer of days of the hearing.
The paging of the transcriot of a further hearing shall felicw c:nsecutively the paging of the last previcus hearing in the same creceeding , unless ctherwise directed by the Presiding Officer. Page nu-bers are to be placec U at the toplof each page.
(q V &am.d v .f (4) Cove rs. Each ccpy of the transcript furnished shall be bcund with
'd ' covers of good quality, white or colored 140-pound incex pa:er, No. I
~, sulchite paper, h r; - . W. i. . m . . - ,~ . a. . . ,.'.o m , .or simil ar mate rial g approved by the Cannission.
(5) Eindino. Transcript shall be punched with three (3) round 1/4. in, holes
.-1/4 in. center-to-center, and shall be t x d in such a manner tnat it can be disassembled and reassembled with ease.NO ) **d W w'* $/3 " corrw 7 rte e tt.
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(5) Binding (Continued)h p V
' The coritractor sha 1 punch and W ind with the record, in the orcer :"
its submittal, .. documentNwhich is& accepted fu .
s-by the Pr'esidi'ng Officer for the recoi-d, it being understood tna tre Presiding Officer sill not daccept any material not of suitable size for the record. Such material, if any, not of suitable si:e : ai be so: designated as not part of the transcribed record and be handiec separately as an e ibit. 3r 4 % .",.se , ,'c . ->
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- g. Leoibility C" When ribbon copy is requested (or is the methe used in transcribing), the original shall be typed in black on white paped and clearly legible, with black carbon for making copies. All ribbon copies must be typed on ' paper of a- quality suitable for automatic reproduction. All machine-reproduced copies supplied by the Contractor must be cleadly legible and machine reproducible. In the event the Comission or Phesiding Officer finds one or more copies to be illegible or unreprodugable, the Contractor
. agrees to correct same or replace with acceptable copies within five (5) days after receipt of notification, and without additional cost to the Commission such replacement.
- h. Authentication The original of the transcript shall be authenticated by the Official Reporter by a certificate page in form to be approved by the Contracting Officer, substantially as follows:
"This is to certify that, the attached proceedings before the- in the ma tter of:
(Name of Proceeding)
(Docket Number)
(Place of Proceeding)
(Date of Proceeding) were held as herein appears, and that this is the original transcript thereof for the file of the Commission.
'/s/
(Signature Typed)
Official-Reporter -
papen.aq. s ta p.et u e n c il
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d 1:7-~CN!/5;EC:7~ I,T!:NS ( :n:1.wec) .
- i. Exhibits (1) Exhibits in connection with adjudicatory proceedings shal} :=
submitted to the Contractor (reporter) at the hearing in an c and two copies. Unless otherwise directed by the Presiding C. . . ._
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'they will. be marked and numbered or lettered by the reporter, ..a arranged by him in numerical or_ alphabetical order and trans..y to the Secretary with the. transcript to which they relate. ge ,
c.arking shall indicate clearly by whom the exhibit was at ten-Such documents shall not be copied into the record unless 4 Presiding Officer so directs; the Presiding Ofr1cer may, at c ,
discretion, direct that such documents be read er copied into r,r.ned in nart nr in in11.
gj . ?r o ,ui b If any document is withdrawn, or for any other reason is not filec with the transcript, a memorandum shall be inserted by the Contrac::r in the place of the document stating. f ts nature, how numbered or lettered and' marked, and the reason for its absence. The numerical ~
order of exhibits introduced at the proceeding or in a ree::ened case'shall folicw consecutively the number on the past previcus exhibit introduced by such party.
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(2) g>Tp h-*%ft,FL r. &,liubject to directiohof the Presiding Officer the rep shall have custody of the hearing record which includes exhibit material in other than documentary form admitted under applicable rules. . Any requirement for the special handling of any such exhibit material (Example: full scale models) in other than documentary form ordered by the Presiding Officer shall constitute a change witnin tne .
meaning of the clause hereof en ti tl ed " Changes . "
j (3) Unless otherwise provided by the Presiding Officer, all exhibit material in the custody of the reporter shall be turned over to the
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,c f Secretary of the Comission, Attention: Chief, Docketing and '
,4 f h r j.
Minventory sheetgrPacsuch Postoonements Hcm.y exhihService
@i tpAa 3 ranch, at the riai*
ma t[CoQuc,mnjyrc6h comoletion of the hear
%'c- 7mQO'c/gdg mod N If an adjuoicatory proceeding has been noticed for hearing and is called but not heard at the time and place indicated in the 7e7,[Du notice, a record shall nevertheless be written with a title ma,.mm.cuar page and list of the persons desiring to record their appearances **fQ, together with a memorandum of the date, hour, and place at bmam tw which the hearing was called and a statement shewing what s ,u , ,4 action was taken. If the Presiding Officer or other official m rm. new,,g is present and an official reason is stated why the hearing ort nn co rmnme r n was not held as scheduled, such reason shall be included in um- A4 = P h Ad N ** 5**'
the record. If no official reason is stated, the reporter N MM r.e shall, before transcribing the record, ascertain frem the "C""
Presiding Officer, other hearing official, or the counsel for 'I
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the Co mission, the reason why such hearing yas not held as scheduled and ihsert such statemer.t and identify the individual scurce in the record to be transcribed. The Contractor shall be paid-for each page involving a postponement in accordance /;
with tne contract schedule for the type of delivery ordered. i
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OES W PTION/ SPECIFICATIONS (Continued)
- k. Cancellation of Meetines The Government.will notify the Contractor of a meeting or hearing cancel cm inside the Washington, DC Metropolitan area prior to 5:00 p.m. of the calendar day preceding the hearing or meeting. The Government will notify the Contractor of the meeting or hearing cancellation outside the Washington, DC Metropolitan area one (1) calendar day prior to the scheduled hearing or. meeting.
L. Transcription of Tapes g
The NRC may, from time to time, require the contrackor to transdribe taces furr.? sm by the Project Officer. The tapes are 90 minute.44 ee-4 track: cassette anc :,'
require next day delivery. The transcript format should be in 'accorcance with 5ection F above. C'thcr : 9 " * "d M *n"'= r n .-- w ...cy vc . ;m: r- '
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- 3. WORK ORDERS Orders for services required hereunder will be placed or issued by the Contracting Officer or his authorized representatives at least 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> before the start of a hearing except when the hearing is to be held in the Washington, D.C., Metropolitan Area, in which case the Contractor's reporter may be required to be at the hearing site within two hours after being notified by the Contracting Officer or his authorized representative. Werk orders'will normally be written but may, on occasion, be oral in which event the order will be confirmed in writing. Work Orders will set forth the time, date, and place of the hearing, the type of hearing, the title or subject of the proceeding, the estimated duration, .the number of copies required, the delivery schedule, nd special delivery instruction, if any, . including._ names .and addresses of recipient for hand or mail deliveryphac,run.n cu surmuenew m e sru nst; pn. couwyen cs o M s twnw> , .-
Orders issued' Ering tne ef fective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order, and the rights and obligations of the Contractor and the Government respecting those orders shall be governed by the terms of this contract to the same extent as if compieted during the effective period of this contract, provided that the Contractor shall not be required to make deliveries for orders with non-consecutive hearing days ten (10) days af ter the expiration of the contract, or any extension thereo#. However, the Contractor shall be required to complete deliveries for those orders placed and beginning prior to exoiration which run consecutively and continue beyond ten days of the expiration of the contract.
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.i~TICLE'III_- PERIOD OF PERF0P.MANCE i The period of performance under this contract shall begin on March lW4 16anc throughMarch15,198/.f, , 13;; ::r--~.-
Any Work Order issued during the period of
,ggp.j by the expiration of that period shall be completed within the time specifiec indiv~idual Work Order as fer+har c r i p"l a ted. me ofrfo in Article II, Section 3, eal-- "b c - -
.-ce 2.TICLE IV - OPTION TO EXTEND THE~ PERIOD OF PERFORMANCE
'This co -
set forth unct may be extended for a period of 12 months,at the unit pricer Officer giving wrArticle
- I at the option of the Governm~5nt, by the Contracting en notice of the Government"s exercise of such option
,to the Contractor not L(ter than the.145t'd5y of the term of the contract; provided that such notice shall have-Eo effect if given less than 30 days prior to the preliminary given Llast day of written the term pC>$6 n6tice o contract unless the Contracting-Officer has
'ntent to exercisc such optinn at 1 cast 30 days prior,to' the las t day of th'c'toai,~of the cnntract. (such preliminary not. ice'shall not be construed as an Excretset, of the option, and will not bind the"Governmen t to exercise the option).
,such If the~Gove(nment exercises o ion, the total duration of this contract, including th5' exercise of any on under1this clause, shall not exceed 24 months.
s e
9
' b-ARTICLE\V - PACraGING AND MARKING-
- 1. Material to be delivered under any resultant contract shall be afforded the ce ree of packaging (preservation and packing) required to pres -' deterioration anc/cr damages due to hazards of shipment, handling, and storage. auch packaging :nal :+
accomplished in such a manner as to insure acceptance by comon carrier anc safe delivery at destination. Containers and closures shall comply with the regulat' :
of the carrier as applicable to the mode of transportation.
- 2. MARKING OF SHIPMENTS All packages shall be clearly marked with the work order number and content, n:n as: " Hearing Transcripts" or " Industry Conference Transcripts: or"PressConfererM Transcripts," as applicable.
<3
.g o\
AFrittiVI - DELIVER 1ts UR PERFORMAtKt f -
- 1. TIME OF DELIVERI AND PLACE N
f
/
- a. 10-day cocy. When the Contractor is directed to deliver 10-day / copy as ;
specified i Article I, /
- deli y of the record of the hearing shal'1 be d'eemed /to have been effected proper when the required number of transcripts of the _ hearing are either (1) de "vered to the recipients designated in,the work ceder, and/or (2) placed w1 the U.S. . Postal Service for maiying to the recipient
. / designated in the work der, in either case so as to' arrive by the tenth Acalday after each da recess of the hearing' including the final day of the hearing. -
- b. 5-day cooy. When the Contractor is dire d to deliYer 5-day copy as specified in Article I, ldelive of the reccrd of the hearing shall be deemed to ave been effecte roperly when the required number of transcri s of the hearing are ther (1) delivered to each recipient d ignated in the work order d/or (2) placed with the U.S. Pps'tal Service for mailing to each recipient designated in ,the work order, in either case so as to arrive by the fifth calendar day after each daily recess of the hearing including the' final day of the hearing.
- c. Daily Cooy [ arings held at locations other than the Washincton, D.C. ,
Metrocolitah Area). When the Contractor is directed to deliver daily copy as4pecified in - Article I, a '
idelivery of the recordif each day's hearing shall be deemed to have been effected orocerly when the reouired
- 1. ._ number of transcrinte of % dav's hearings areJ(1) delivered f_ [to each recipient designated in the work orcer at the hearing
- . j site (or.other places in the immediate vicinity,,or other locations within continen-
' U.S. as directed) by 8:15' a m.#of the next business day following the hearing,
' \ and the original- copy is delivered to the designated NRC
' W:;ithe hearing)9 headquarter Ma r ; a location . ,
by 8:15 theva.~m.
~ ., . . s c, next business day following
. . .. i>\
a - - -
O
. /, 72kr u o fuer or wway
- e kA a ro m 63., .
I a.,/ L 'K d~ arm A ) a6iu s/to A&4da ng e ynna i a w r, scray < a /wsyn 9 As/a MAL pd&A
!% % e p e K % &yy l w . A L6]WJ :yJ i
i&K f6 -
/nc & 64 4; w (e fu/
) Khsfny&k . ,-u & L pcyaj ppm wtm a m sn w -
(o & x-6, sm, Jy 5 ka sn9, s~t a n (D 7~ KAlf'.
e su, %
A yawp swaA, asy ,
4 %m', -
0 8
Das .5 Asy A pcd, p& A y e Ll l
k M k si- p414 &
- w ho e L q A> q& LW y yn n AM
.u u:
(3) & M fL }lidw b c V '/
&a7~/$n,
@ M M K /%s,-;A A AA//a. As v .
Page 27 f -
, f (to those' recipients designated in the w*ork order w 2
hearing site or other place (s) in the vicinity as directed by said
,]- recipients) by 8:15 a.m. of the day following the hearing, but if the
. recipients have left .the hearing site or other place in the vicinity (3)
_ delivered to the-recipients designated in the work order at such time
-and place as. they. direct (this includes sending transcripts and/or a 5 reasonable amount of' hearing documents, .to Board members by "special"
- ,j handling. This also includes transmitting transcripts directly to part-
? time Board members either by. Express Mail or private overnight delivery
..3 - service when requested by the Board chairman.
d Daily tooy (For hearinos held in the Washington, D.C. , Metrocolitan Arl)d henfthe Contracto directed to deliver daily copy as s in ~l A -title I, f I '
C4ellvery of the r,e(o[rd of.each s heari hall be deemed o have- been effected pFoperly whh1 raneir ad n"mur e# tra :r-W ; f
.of-the day's hearino are either,(1) delivered to each recipient designated in the work order at the hearing site (or other place (s) in- the vicinity as directed) by 8:15' a.m. of the day following the hearings, and/or (2) delivered to'.the Headquarters. office identified
-in the work order or (3) .if the hearing is not to continue the following-
' day, delivered to. the Headquarters office identified in the work order.
. by 8:15 a.m. of the first nonnal working day after the hearing.
o (. our Copy (Regardless of location of the hearing). When the Cortractor is
.. directed to deliver 5-hour copy as specified in Article I, delivery of the required number of transcripts of such session shall be deemed to have been effected properly when delivered to each recipient designated in the work order at..the . location ~ of the hearing '(or.other~ place (s) in the vicinity as directed) within five hours after the close of each session of the hearing, or-(2) if the
.. hearing is not scheduled .to continue the following day, delivered to the recipients des.ignated in the work order at such time and place as they direct, but in the absence of ~such direction, to the Headquarters. office identified in the work order by
-8:-15 a.m. of the first normal work day after the hearing was adjourned.
i.
g El
+
Page 23 Eveninc Tessions.
(1) If any hearing for which daily ::;;y har he n recuestad is in sessien after 5:00 a.:. Of any day, :ne Cent: ac::r shall deliver
-:n 3. acn cf ::a transcri:: which would reflect the sessi:::
(a) .: rice ::
day f r hearings- held in the Wasaing::n, 0.0. , .Me::::clinn5:00 Area, and by 9:CC jt. . of ne foilewing cay f e hearings held at locaticns Area pursuan: acer
= than the Washingun, D.C. , .?.e::::aliun the pr:vistens of paragracn c or d as a::iica:1e.
(b) Af^er 5:00 p.m. (evening sessica); within 15 hours1.736111e-4 days <br />0.00417 hours <br />2.480159e-5 weeks <br />5.7075e-6 months <br /> af ter
- ne close cf eac: session.
( 2)'
No ex:ension cf time will be ailewed f:r E-heur, 5-:ay, :.-
IC-day deitvery :ecause cf evening sessi ns.
2 3 ,1 ,. _ ~ _ u_ _ = 5 w e. u w ui ~
~
.g The Contraptor shall meet the 8:15 a, ]
requiremedjt for all deliveries to hea ngnext day deiivery 2
site and j/ f Headquart& locations but will be allc ed additiona,NRC ,
l time for Headqtiarter delivery only accordi schedule:i f g to the folfowino
. i I 1 Transcripts should be sent by Express Mail Ser ce, or other means schedule -deemed When hearings acceptable by.the are held Contraptor, in the f owing Jo meet this delivery I
locations;
\
Hearino Location HEAD 0LfARTERS Delivery (Business Days)
ACCEPTANCE
- 1. Washinoton Area
[ '
,e
?
New Jersey ' ,'
Delaware Next day; i Maryland 1 day maximum (except metropolitan 9 DAYS (Exce'pt District of Columbia Washington,D.C.) metropoli tani Wash Virginia D. C. - 8 days)
r-Page 29
- 2. - NewlEngland
' ' /
/
Next dhy; New Hampshire / 1 2 days maxinium 10 days Massiachusetts '
Connecticut Rhode Island
- 3. The South- s.
Xentucky 'y Tennessee x ,
North Ca/olina '\ Next ay; South Carolina- 10 dkys Mississippi. .
2d s-maximum 1
Alabama /
~
/
- 4. North Central ,
NextMay; g Ohio 3 dhys maximom 11 days Indiana ,.
\N
\
N -
e of G
E
-5:: ..
,a,#'
- 5. Centa}_
j.
l!
Montpna Nor.th Dakota i Idaho . '. ~.
Wyoming ,-
$outh Dakota Next dky; 7 i
. Nebraska .
12 chys 4 dahs r.aximu.
_/Xansas -
t/ i
/ Oklahoma ,/
I , Utah -
- Colorado ,
'/ New. Mexico -
Loup. <stana ,/ i E. Wes' tern / , i
/ i l Waspington 'q Next d'Y; f
Oregon ,
' /
i Cal!iforni Sjdaps maximum / 13 da;.js l
Nevada '
Ar{ zona .'
/ i
/ I t 7. Moni Continental or Conticuous State's_ ,.
j
/ fle%'$ day; i
Alahka I I Ha'waii ' 5 days maximum 13, days /
/
'e rritories or Commonwealths _
Virgin Puer;to Rico Island -{ Kdp e i
. Alic - cm f:r Jeilve-v Cates Failine :n fundavs er * .ai Fe l 21 C- v e
' :l i c.a vs . i : e : :.a ice cai tver/ talis on a $uncay .- in a iedai fecens~~- . -
-:ve4 . .:n: :ciiday , deliver / shall be c:=sistad!:n :ne feli: wing Feer 11
'. .- < t 4 . -.en bu: int.s cay a: the same hour as deilivar/ -Ould have. beer. ec e
- ac ce deIiver/ 3.sy nct fallen en Sunday c:- a flegai Fedeni Gove. ... en:
.cliday. 3is subca:agrach ) is nct 3 licable :' daily :::y ar E-ccur
- y unless eliver/ has bep ::ne: .Ja dirM:ed as :.tvicec in art:rt:..:
.'( 3)_ an: e.(2}.
pO Ato r i)
Ok (.J. M L (osaiso sy swk)
4 9 Page 3' DELIVERIES CR PERFORP. alice (Continued) 1.
TIME OF DELIVERY AND PLACE (Continued). p [M
/
- t. Adfourned Hearincs. In the event a jhearing is continued, adjcurnac 4 or. recessed and a period of three calendar days or more (Sunday: an:
- ' kgsl Federal Government holidays dxcluded) elapses bet,,een the date of adjournment and the date ei hearing is resumed, each adf:;r +c hearing shall be considered as a separate hearing for the pur?ose of computing the time for delivery of the transcript.
" ~ '
E- PU3LI_C 00CUMENT R'00M DELIVERY' ' ~ ~ "
' ~ ' ~~
A copy of each transcript shall be delivered to the local Public Document Room (locations to be supplied by NRC) nearest the site of s the hearing within 5 days after the hearing when requested in ne work creer
. by the ' presiding officer. Sili.ing for these transcripts, shall be at the rate set forth under Artic]e I, Item 1, (b) iif.
ARTICL INSPECTION AND' ACCEPTANCE , y
- 1. Preliminary inspection and acceptance of the materials and services set forth herein shall be made at the places specified in Article VI Oy the o Commission's receiving party, but final inspection anu ouuep unce snalI
,' be made by the Contracting Officer or his authori::ed heacquarters representa i .
as set forth in Arcicle V{
ARTICLE. VII(-SPECIAL PROVISIONS A. LATE OR DEFECTIVE DELIVERY If the Contractor ails to make delivery within the times as directed, fails to furnish ranscripts in accordance with the provisions of Article II and VJ above, or fails to correct promptly upon notice mater'ial deemed by the Project Officer to be illegible or defective, payment will be at the applicable price as specified in Items 1 through 7 for the actual delivery of acceptable copy, i.e., if daily copy is not delivered by the time specified herein.
payment shall be made for such copy at the 5-day rate; if the daily copy is not delivered in 5 days, payment shall be made for such copy at the 10-day rate; and if such delivery is later than 10 days, the price
,caid shall be computed at the 10-day rate less 10% per day, down to arl m mini =. af M 1
i x .
wV ,3 '1 e , ,
,.g '5 n e w ,1 b
- i. .. . . w a , A. .. . G b ';, t k ': L-- G-
/
Page E DELIVERIES OF, PERFORMANCE (Continued) 1.
TIME OF " DELIVERY AND PLACE (C,ontinued), k
- 1. Adfourned Hearinos. In the event a earing is continued, adjournec 4 or recessed and a period of three lendar days or more (Sundays anc
- ' kgal Federal Government holidays xcluded) elapses between the date of adjournment and the date of hearing is resumed, each adjou- ec hearing shall be considered as a separate hearing for the purpose of computing the time for delivery of the transcript.
E- PUBLIC DOCUNENTEDOM DELIVEEY' ~~ ~ ~"
' ' - ~ ~~
A copy of each transcript shall be delivered to the local Public
, Document Room (locations to be supplied by NRC) nearest the site of
~( the' hearing within 5 days 'after the hearing when requested in the work crcer
, by the ' presiding officer. Bill.ing for these transcripts, shall be at the rate set forth under Article I, Item 1; (b) iii.
ARTICL INSPECTION AND' ACCEPTANCE , y
- / 1. Preliminary inspection and acceptance of the materials and serv 3ces set
.I forth herein shall be made at the places specified in Article VI by the
, ,- ( Commission's receiving party, but final inspection anu m.ueptance snail J
~ be made by the Contracting Officer or his authorized Headquarters representa :ive as set forth in Article V{ -
ARTICLE VII(-5PECIAL PROVISIONS A. LATE OR DEFECTIVE DELIVERY If the Contractor fails to make delivery within the times as directed, fails to furnish ranscripts in accordance with the provisions of Article II and VI above, or fails to correct promptly upon notice mater'ial deemed by the Project Officer to be illegible or defective, payment will be at the applicable price as specified in Items 1 through 7 for the actual delivery of acceptable copy, i.e., if daily copy is not delivered by the time specified herein.
payment shall be made for such copy at the 5-day rate; if the daily copy is not delivered in 5 days, payment shall be made for such copy at the 10-day rate; and if such delivery is later than 10 days, the price paid shall be,a computed at the 10-day rate less 10". per' day, down to arl g ., : . - -
1 1 g VlW ,.
t.P V
4 .y 6 1 9% 4 wurb 6p - in nu un,
- c. . .s w a# }. ~ 5: K 't Ly }- -
F SPECIAL PROVISIONS (Continued)
B. COPIED MATTER
- a. Any document ordered to be copied verbatim into the t'ranscri::
shall be paid. for _at the same rate as spoken testimony. Any cocure -
p, yfy,, ordered to be added to the transcript as an exhibit or otherwise Copy sna t i ce paid for at tne'page rate i, :: creace w :s :m
- k
- We Os set forth in the Schedule.
- b. Whenever documentary testimony is accepted by the Presiding Of# :P for the record and furnished to the contractor in insufficient num +r:
the contractor shall make the necessary number of copies and shall be paid the page rate in accordance with additional copies as set fortr in the Schedule. -
C. EXPENSES OF CONTRACTOR No expenses incurred by the contractor in the perfomance of his duties
.under 'this contr t shall be borne by the Commission, except as provicec for in Article III Provision 0. , " Guaranteed Minimum".
D. GUAPANTEED MINIMUM N The contractor shall be paid-a minimum of $50.00 per day per person for attending hearings within the Washington, DC Metropolitan Area-and $100.00 per day per person for attendance.at hearings outside the Washington, DC Metropolitan Area. The guaranteed minimum will not be paid when transcripts ordered at rates quoted herein equal or exceed
~
the guaranteed minimum. In the event the Government elects to dispense with the furnishing by the contractor of transcripts of hearings regardless of how many hours the hearings have taken, the Government agrees to pay the daily minimum-established above for such day.
In the event that the. transcripts furnished to the Government do not exceed the guaranteed minimum, the contractor shall receive payment for the transcript taken plus the difference between the costs for the actual transcript taken and the applicable guaranteed minimum.
The Government reserves the right to cancel a hearing witnout any penalty charges provided the contractor is given proper notice specified in Article II, Section K. If proper notice is not given,
, the guaranteed minimum will apply.
/sjty' If, after presenting himself to the presiding officer r other oerson
. , gD g j 'pt in charge at theltime and place of a hearingj scheculed te "
- C -
tne contractor is notified that tne nearing ias been postponed or
,,[t)#
}. cancelled, the contractor will be paid the applicable guaranteed minimum f , q$
n p rate and reimbursed for reasonable exoenses incurred by the contractor c,# incident to its attendance, including transportation and subsistence
\ C D
p#i th[ not travel topolicy exceed thewith on file maximum the NRC. rates set forth in the contractor's ap
.y )~
, The contractor shall, if requested by the Commission, furnisn evidence satisfactory to the contracting officer that failure to receive
F~
tne said notice of postoonement of cancellatior prior to ne ar"',3 at the-hearing site was not due to his negligence.
E. CHARGES .'
For any hearing that starts during regular hours, the Contractor re charge the Correr.ission at the rate (s) stipulated in Items 1 and 4 nereu dor the particulai service and corresponding delivery schedule its tr for the regular hours category. If such hearing starts before ra;.' >.-
hours or extends beyond regular hours, the rate (s) set forth in I +e:
2 and 5 hereof for service during non-regular hours shall be effectise; limited, however, to that portion of work performed during non-repa-hours.
F. FAI!.'JRE OF C3 TRACTOR TG APPEG H Oe c:nt: set:r does not ap; ear at the place and ti=e s:eciftee f:r a hearing aftar ':ef ag nc:ified in ac::rdancs with Article II, Section 2, "Wc Order:* of the ;laca and ti=e for the scheduled hearing, ce C:.=issien r:gr santative may call in a substi=:a rt:cc.ng fir::, anc na C::: 2ct:r shall ref= bursa the C. ::ission fcr any ext. a ex;ensa incur td on ic::un Cereof. The C.:==ission . ay decuc suca ex::enses fr:s any s= :=ervisa due 9.e C.:nt sc :r.
!!7EC*AL 7:.C7:5:0?ls (C:n:inued)
G. SALI 0F CCPIII -
. a. Excact as specified ~below, the Contractor agrees to o
sell ::
[1'l> 9 C,f'this c:nzract. the ;ublic c:sf es of :: ansch;:s cr ;:r-1:ns car-cf ::ver-c :-
3
- i~ne charges for c: pies requind by :Me :u:1f: :n 1 : :-
.ylt' f
- 5 or tonger :1=e basis as Ordered by de C:=issi:n, shall ac: e:::e: et
'. //q./
' , t.73 .Items
- rices paid by the flRC f
- r said c: pies. orda. ed f := -he ' - ~--- --"-
ib, 2b 4b and 5b . of this c:ntr:c .
'f
<~
5.
C::Tes escuired by. the pubif e :tr a fas:2r basis -nan recuirse :y J.a C ...Jssion wili he Nrnished oy the Cen:nc::r and ::arges f:. ra; e :na te hrenotunder more thanlb,the Itams 2b;unit4b andpricas 5b 1iszad in ce s:necule :f ::ar:es : 2-sf this ::n:rsc:, ;ius ne ij fSnne:
in the c:st cf the Original c::y wnich would have been enar;ec : .ne S C if 1:
. had ordered de fastar sartics.
- c. The ' sale of c:cies by the Can:rsc :r as se: fer.h 4:cve shall inc'uce all ceders by =e ;ualic wh sa ime requiremen : canno: he me: by me C. =1 s si on, d
.. -d. The Contractor is not authorized tio sell copies of transcri;;s or portion
.dg . ,A N' thereof of any closed or in-camera sessions to the public.
- 1 Dr.
.' 4 k 7
,. * $g
.-' (
H. REITRICTICMS CN OISCLOSiJRE
'"ha C:==f ssion er the Frtsiding Officar shaii have .he rigt.: = ;r:nibi; (l) the salt cf c pies of :ranscripts or ;;r-icns . hereof.
Any inht a:f on in any fars gained in the c: ursa of perhrnanca cf : :tes hereundar, whicn is designa:2d by the Presiding Qfficar 1s classifies
- or s =e c:Mer restrictive classi fiestica shall be g=vernec by the ;r:visicc:
he. sof entitled "?Mvata Use of Centrect Informa:1cn and Ca:a* ,. Sc: sac:1:n 10 and " Retention of Exempt Material," Subsection 15 l .
. v6 yTF !M.tcA. 08- cat.t 6/.u E AM 04 0 TO TM, 14 . h h(, up
]
'( OCm an iff/ C44 SH R U- /
DM h InM. L yJACPlfs TNnr Mt l* ~-
+ i St. AAMt,.l Mo tM r%t OcMfM s
.C C L. O ro l'-*! PUAl.tC ,
9 ,
Page 35 SPECIAL PROVISIONS (Continued)
- 1. MATERIALS.
Where materials are referred to in the specifications as " equal to" any particular question of equality. standard, the Contracting Officer shall decide the J. PRIVATE USE OF CONTRACT INFORMATION AND DATA Except as specifically authorized by this contract, or as otherwise approved by- the Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the perfo mance of this contract, shall be used only in connection with the work under this contract.
The contractor shall be responsible for safeguarding from unauthorized disclosure any-information .or other documents and material exempt from public disclosure by the Comission's regulations and made available to the con ~ tractor in connection with the performance of work under this contract. The contractor agrees to conform to all regulations, requirements and directions of the Comission with respect to such material.
The contractor's duties under this clause shall not be construed to limit or affect in any way the contr, actor's obligation to conform to all security regulations and requirements of the Comission pertaining to classified information and material. -
i s
Fase =
SPECIAL PROVISIONS (Continued)
K. WORKING SPACE AND STORAGE FACILITIES The Comission will supply the Contractor with working space, desk cr aC e.
chair; lights, and storage space with respect to work involving Top Secret material. The Contractor will, unless otherwise provided, peri r-all work involving top secret material including transcription of reporn which contain such material within the Comission supplied premises or
.' othemed Government facilities and not the4 ace.of 1 business, of .,e-CContractor's ' Confidential and Secret Classified taateMaT may-Ye' workec
~
on at the Contractor's cle'ared facility.
._c____. .- _ . . _ _ _ .-
L. . SECURITY t
i1 Contractor's duty to safecuard Restricted Data /Formerly Restricted _
Oa.ta and National Security Information. .In the performance of the work under this contract, the contractor shall, in accordance with the Nuclear Regulatory Commission's security regulations and requirements be responsible
- j. for' safeguarding Restricted Data, Formerly Restricted Data, and
( National Security.Information'and protecting against sabotage, espionage, j loss, and theft, the classified documents' and material -in the contractor's
{ possession in connection with the performance of work under this t contract. Except as otherwise expressly provided in this contract, i'
the contractor shall, upon completion or termination 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 I of the contract and such retention is approved by the Contracting
{ Officer, the Contractor will complete a certificate of possession l to be furnished to the Nuclear Regulatory Comission specifying
! the classified matter to be retained. (note A). If retention is
~l . approved by the Contracting Officer, the security provisions of the i contract will continue to be applicable to the matter retained.
i ! j. < . L. J:., .
V 4. i J.+.C/
I/.4,' % , d ,
,~~ % " D -"y --e i C.; t L
{ 'h '
l \ ~ '
~~-
jfpu/,> u , Aim,s..I
- ~ ... - T .~rm aan, n o --- m a l
C,.,.s
..e.4 ,
- - - - - - s r ,,, m .,_ W W ~ ~ m , -
!. W" 't S ONN tea.fM0 k C/Of.4. t'9 A l'/2 C V //)//L' ** t. uGns R C AJ
% n. rne ,a om.r.u own w Mr nu sc- a w est. % spper b, L.
~ ,,m c c,. , ,, ,. ,, g a .- r ,- n-,- -
\\ me men na ,,, ,w ia m ,,, c e n7u e ,, w wm, --:ca wML
/nw' j.}" *
. . -2:
f - :ssm c m /.s e- :.ra 4 ,,,4 w g ; ry, e g ,ci g, , ,, ,. ,,
- 4. c<_ ,.. . ,# a . :.n. ,. .s .
g i oni tJ Y. . J,j. ....d. . " . . . . -
'5PECI AL PROVISIONS (ContinuedJ _ ____ .
L. SECURITY (Continued) .
.I Reculations. The, contractor agrees to conform to all security -
regulations and. requirements of the Comission.
~ /3 . efinition of Restricted Data. The term " Restricted _ Data." as used
. . _the clause, meansFall". data concerning (1) desTgn, manufactuF, N t ( utilization of. atomic weapons; (2) the production of special nuclear
.ma,terial; or:(3) the use of special nuclear material in the production d.~V of energy, but shall not include data declassified or removed from the
' Restricted Data category pursuant to section 142 of the Atomic Energy
. [~ P Act of 1914, as ' amend &- '
)
~
,4 . efinition of- Formerly Restricted Data. The term "Formerly Restr.icted ta as used in this clause, meansAll data removed from the Restricted
' Data category under section 142 d. of the Atomic Energy Act of .19,34, as amended.
L >/
_ M LSecurity cleahance of oersonnel. The contractor shall not permit any '
individual to have access to Restricted Data,' Formerly Restricted Data; or other classified information, except in accordance with the Atcmic
~ Energy Act of 1954,- as amended, and the Comission's regulations or recuiremarrts applicable to the particular type or- category of classified information to :which access is required,- -
W
. g ; Criminal Liability. 'Ii. h, o..dcr:tcod thM hsclosure of Restricted Data, Former.ly Restricted Data, or other classified information relating. to the-work or' services o'rdered hereunder to any person not entitled to receive -
it, or fa~ilure to safeguard any Restricted Data, Formerly Restricted Data, 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 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 seg; 18 U.S.C. Sections
~793 and 794; and Executive Order 12065, as amended).
[/. 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 under this contract.
f<, Note A: .The certification shall identify the items and types or categories
,6 of matter retained, the conditions governing the retention of the : utter and the period' of retention, if known.
A-y'Ie
- c. term " classified information@Es) information, including Restricted 1
Data or Formerly Restricted Data, which requires safeguarding in the interest
~ g; .-'of national. security.
b f The term " National Security In' formation" means).information or matter that is f owned by, produced for or by, or.under the control of, the United States e
t
. Covernment. and' that has been detemined pursuant to Executive Order 12055
, ~ or prior orders to require protection against unauthori:ed disclosure and is so! designated.- -
SPECIAL PROVIS10NS' (Continued)
M. CLASSIFICATION In the performance of the work under 'this contract, the Contract:r :ci' assign classifications to all documents, material and equipment originated or generated by the Contractor in accordance with clad * + "
guidance furnished to the Contractor .by the Commission.
~ Every subc:n:r c and purchase order issued hereunder involving the origination or generi:i:P of classified documents, material or equipment, shall include a previ: :r to the effect that in the perfonnance of such subcontract or purcnase order the subcontractor or supplier shall assign classifications t: a?'
such documents, material and equipment in accordance with classificati:n guidance furnished to such subcontractor or supplier by the Contract:r.
N. SECURITY CLASSIFICATION
- 1. .The highest classification applicable to the service to be furnished under this contract will be TOP SECRET, National Security Information, including Res tricted . Da ta. The contract Security /Classificaticn Requirements are set'forth in' NRC Form 187, attached hereto as Attachment 3.
- 2. Notwithstanding the ' provisions of Subsections L and M to this contract entitled " Security" and " Classification," to' the contrary, and in
. addition thereto, the parties hereto agree that the NRC Project Monitor shali be the Authorized Classifier for all classified information or materiM delivered under this contract and NRC shall provide classification guidance to the Contractor as required in the performance of this' contract.
- 3. The contractor and contractor's personnel will be , governed by, and shall assign classification markings to information or material, originated or generated by the contractor as determined by the Project Monitor.
4-If subsequent to the date of this contract, the security level under the
-contract is changed by the Comission and such change causes an increase or decrease in the estimated cost or the. time required for performance under the contract, the contract cost, delivery schedule, or both and any other provisions of the contract that may be affected shall be subject to an equitable adjustment by reason of such increased or decreased costs. Any equitable adjustment shall be accomplished in the same manner as if such changes were directed under the " Changes" clause of the contract.
- 0. RETENTION OF EXEMPT MATERIAL-Q p- m.c.:; .
~ {The contractor ' agrees that all work, including shorthand or 1cnghand notes, stenotype tapes, memoranda, cassette tapes, and material of every description relating thereto, as well as all copies of the foregoing relating to the work or any part therepf, shall be t}ie property of the Government'and may be used by the Government for any purpose whatsoever without any claim on the part of the contractor and its subcontractors and vendors for additional compensation, and shall be delivered to the Government, as provided 'in the work order. The
-- Commission retains the right to reproduce in full and distribute any transcript e
received under the terms of this contract. -
2.]44.nl34.OrN~,m.&LJ.- ~ -
]The. contractor $hal.1, under no ci' cumstances, retain any r
memcranda, and material of every description , e n:-rel o hearing or other proceeding'br'at.any otfier ng closed h which contains information exempt from public disclosure pursuant to the Conraission's regulations, including, but not limited to , trade secrets, confidential or privileged business or financial infor.ation ,
or.information invasion of personalthe disclosure of which would constitute privacy.y an
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_ Mc[e antioned contractor documnts shall return which contains information to exempt Cortnission from public alldis-of the
.,\. closure pursuant to the Government in .the Sunshine Act or the Commis
~ regulations- at the time o' f delivery of'the transcript.
- 3. 7s33 eah .a.m Lca, ,
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~ longhand notes, stenotype tapes, memorandaThe r and or cont description relating thereto not covered above or docum, and material of e ents not covered under number 12 _ Security herein, shall be held by the untilthe to the Comission.
'e2pirati on of the contractcontractor subject to th at wnicn time tney sna. oe cellvered .
to the security, contract. patent, and use of informationifprovisionsThe , any, of this contr I
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Page 'O P. Subcontract for Work oreServices
- 1. The contractor is authorizea to utilize the following firm,-
individuals as subcontractors in the performance of any resultant work orders issued hereunder:
- a. Cunningham Reporting Associates, Inc.
- b. Fivecoat and With
- c. Ms. Bobbie Ames
- d. Hostetler and Associates
- e. Halsell and Halsell Reporters
- f. Gore Reporting. Company
- g. Noon and Pratt Court Reporters and Deposition Notaries
- h. Hyatt and Associates, Inc.
- i. Express Typing Services
- j. DiSimone Computer Reporting, Inc.
~k. Logan and Styrbicki
- 1. JoAnn Austin
- m. Peterson Reporting Company
- n. Vowell and Jennings 2.Notwithstanding 1 above, no contract shall be made by the. contract::r with any other party for furnishing any of the work or services nerein contracted for without the prior written approval of the contracting -
of.ficer, but this provision will not ce taken as requiring the approval of contracts of employment between the contractor and personnel' assigned for services hereunder, q -t7. SERVICE CONTRACT ACT WAGE DETERMINATION The following U.S. Department of Labor Wage Determination Register is hereby incorporated by reference and attached hereto as Attachment 2.
Waoe Detemination No. Date 76-553R6 9/25/80
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Page 41
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ARTICLE'iX - CEILING p The present estimate for erforming the work under this contract is p[4077 .0' ?. 30. The amount nitially obligated by the Commission for such performance during t(e period from the effective date of contract through Se s .be, ::,1 Cy ;2 2C0: ,000 M Ihe obligational ceiling soec " -s above may_ be increased by the Contracting Officer at his discretien from time to time by written notice to the Contractor. When and if One amount (s) paid and payable to the Contractor hereunder shall equal ce ceiling, the Contractor shall be excused from further ' performance of the work (except to meet existing commitments and liabilities) unless and until tne Contracting Officer shall increase the amount obligated witn respect to this contract. If and to the extent that such ceiling has been increased, any costs incurred by the Contractor in excess of the ceiling prior to its increase shall .be allowable to the same extent as if sucn costs
, v had been incurred after'such increase in the ceiling.
. - "I X
. "EL 'EI"002: C OT OUT:::: ":: A M:a$TGn .GTRCFC :TZ ZEA
- 1. T al expenditure for domestic travel shall not exceed $286,000.00 .
wit ut the prior approval of the Contracting Officer. The Contr ctor will reimbursed for reasonable domestic travel costs incurra directly and spe ifically in the performance of this contract and accegted by the Co racting Officer, in accordance with the contracpfr's .
%{s ,
approved t vel policy on file with the NRC. In the eve the option
! is exercised, the total expenditures for the option yea for domestic M'. 7 travel shall n exceed $309,000.00 without the prior pproval of '
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the Contracting ficer.
by privately owned automobil shall be reimbursed at the
~
- 2. The cost of trave ,
'milence rate prescr' ed by the contractor's e ablished, generally app,licao travei policy: orovi d hcwever, that such .imbursement shall not exceed the cost of less than r ' t-class travel b common carrier.
- 3. The cost of travel by rente automobil shall be reimbursed on a reasonable actual expense basis that doe not ex eed the rates prescribed by the contractor's established, gener ly applicable travel policy.
4 All co=on carrier travel reimb- sa e hereunder snall be via economy class ra:es when available. If not vaii a'b , reimoursement voucners will be .
annotated that economy class accommodat. ns were not available. First-clas:-
air travel is not authori: a.
- 5. Reasonable actual cost of lodging and subsis nce, or per diem in lieu of actual costs, shall allowable to the extent u.at such actual costs or per dism amounts do not exceed the amounts or per iem rates prescribed by the contractor's ..tablished, generally applicable t avel policy.
- 6. Receipts are r quired for coc non carrier trans,:ortation, lodging and miscellaneau items in excess of 515.00.
- 7. Any revi on to the contrictor's established, generally apoli ble travel colicy paroved by the cognitant audit agency curing the period f per-forma ce of this contract shall be effective, without formal modification m 4 ~~~- ..nnn b l i v e ry to .the Cont. act.ing 0f ficer of a copy of
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ARTICLE PAYMENT AND INVOICE REOUIREMENTS A. In the absence of a discount, the' contractor shall be paid upon the submission of a proper and correct invoice or voucher in approximate!
Qri y (30) days .after submission or date of delivery, whichever is later, the prices stipulated in Article I for supplies delivered and accepted, as herein provided.
B. Invoices shall- be submitted bi-monthly for the. first three months# 10 :? ram -
Thereafter invoices shall be submitted monthly. An original and ; co;ies of invoices shall be" submitted to One U.S. Nuclear Regulatory Commission Divis'Or
. Accounting and Finance, Office of . Resource tianagement, Attn: ~ GOV /C0" Ac: aunt:
-Section, Washington, DC 20555. To constitute a procer invoice, the invoice mus include the following information and/or attached documentation.
(1) Name of the business concern and invoice date.
(2) Contract number, work order 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 terms.
(5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.
(6) ' Other substantiating documentation or information as required by the Contracting Officer.
1 M If this contract provides for a discount, the contractor shall indicate the contract's discount tems (Block 16 of Page 1) on the face page *
, of the invoice or voucher.
,,C< Additional provisions relating to payment are contained in Article VII of the General Provisions.
ARTICLE - KEY PERSONNEL Pursuant to this ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of the work hereunder and shall not be replaced without the prior approval of the Contracting Officer. In such event, the Contractor agrees to substitute persons possessing substantially ecual abilities and qualifications satisfactory to the Contracting Officer. ~
Trank 6 yloe, Manager / Reporter 3 hnnRil , Manager / Reporter i
dileen M1 ton, Office Supervisor, (Was, ington, DC)-
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Mary Simon , Reporter t
- -Blarbara Whi lock, Reporter
./ s C'arol Masiel , Reporter h '
~ '
- !'N S'ue McNaney, fice Supervisor (Norfolk , VA) 1_
S'sie u Young, Tr scriber Sharon Connelly, 'ranscriber .J
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c 23;e -2 ARTICLE)%I[-PROJECTOFFICER ~/
~
444 Ewn Asms es4'= c"4 c , Doris f:oran and Patric.ia Wilder are hereby ces ; a ec a: :,
cContracting-Officer's Authorized Representatives (hereinaf ter callec F- Je:- #-- -
(for technical aspects of this contract. The Proiect Officers are not au:ncr':::
to aporove or recuest any/ action which results in or could result in an increase in contract costi od'terminatec} settle any claim or discute aris tc; under the contractior, issue any unilateral directive wnatever.
G The Project Officers are responsible for: (1) monitoring the contrac: r';
technical progress, including surveillance and assessment of performance, and recommending to. the Contracting Officer cnanges in requirements; (2) interpreting the scope of work; (3) performing . technical evaluation as recu rec; (4) performing technical inspections and acceptance required by tnis contract; and (5) assisting the contractor in the resolution of technical problems encountered during performance. Within the purview of this authority, the- Project Officers are authorized.to review all costs ' requested for reimbursement by contractors and submit recommendations for appro' val, disapproval, or suspension for supplies, services required under the contract. The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.
For guidance from the Project Officers to the contractor to be valio, it must:
(1) be' consistent with the description of work set forth in the contract; (2)
~
not constitute new assignment of work or change to the expressed terms, coacitions or specifications incorporated into this contract; (3) not constitute a basis for
-an extension- to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.
6 8
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- ARTICLE - TECHNICAL'DIRECTICH hoo,J/E .. e i _
._x A. Performance-of the work under this contract shall_- be subject to tne telr-nical direction of' the NRC Project Officer named in A?.TICLE^TX of this' contract. The term " Technical Direction" is defined :: incluce en:
' following:
. 1. Technical direction to the contractor which shifts work emphasis between areas of work.or tasks, requires pursuit of certain lines :f
( inquiry, fills in details or otherwise . serves to accomplish the c:r-tractual scope of work. . .
Z .- Providing assistance to the contractor in the pr'eparation of drawing:,
specifications or technical portions ofc the work description.
- 3. Review and where' required by the contract, approval of technical reports, drawings, specifications and technical information to oe delivered' by the contractor to the Goverra.ent under the contract.
E.- Technical direc tic.n must' be within the general scofe of kerk s ta ted in the contract.. The' Project _Of ficer does not ' have lhe authori ty to and may not issue any technical direction which:
1,. . Constitutes an assignment of additional work outside the ceneral scoce- '
~ of the contract.-
- 2. Cons titutes a change as defined in the clause,'of the General Prov"isions, entitled " Changes." .
- 3. In any way causes an increase or decrease in the total estima ted -
contract cost, the fixed fee, if any, or the time required for contract performance.
L
- 4. . Changes any of the. expressed terms, conditions or specifications -of the contract. ,
'!C'.1 ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING SY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING J DAYS AFTER VERSAL ISSUANCE. A copy of said written direction shall be submitted to the Contracting Officer.
The contractor shall proceed promptly with the perfo'mance r of technical directions duly ' issued by the _ Project Officer in the manner prescribed by g' this article and within such person's authority under the provisions of
' this' article. -
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Page 45 If, in the opinion 'of the contractor, any instruction or direction i::ce:
by the Project Officer is within one of the categories as defined in 5(l; thecugh (4) above, the contractor shall not proceed but shall notify the Contracting Offi~cer in writing within five (5) working days after the receipt of any such instnaction or direction and shall request the Contre::'n-Officer- to modify the con. tract accordingly. Upon receiving such notifica::;r from the contractor, the, Contracting Officer shall issue an appropriat cont-act modifica tion or advise the contractor in writing that, ir. the Contracting Of ficer's opinion, the technical direction is within the sc::e of this-article and does not constitute a change under the Changes Clause.
g
'D. Any unauthorized con:nitment or direction issued by the Project Officer may result in an unnecessary delay in the contractor's p6rformance, and cuy dven result in the contractor expending funds for unallowable costs under the contract.
E._
A f ailure of _ t'he parties to agree upon the na ture of the ins truction or direction or uoan the contract action to be taken wi th respect thereto shall be subject to the provisions of the contract clause entitled " Disputes."
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. WTI ARTICLE k - SECURITY .
It is expected that the performance of any resultant contract will recui, access 'to classified information. A. Secret Facility and a "0" Personnel Clearance is required for work performed unoer any resultina contract.
resulting . contract will involve access to Restricted Data. Facility anc %
Personnel Security Clearances shall be processed and granted in accordar:ce tr NRC Manual Chapter 2101, NRC Security Pcogram.
The contractor shall. submit .to the U.S. Nuclear Regulatory Comission, Division of Security, Washington, DC 20555 within thirty (30) days following contract award, completed Personnel Security Questionnaire Packages for all personnel requiring security clearance. Those personnel shall be identified
.at the time of contract award.
'ARTICl.E - GENERAL PROVISIONS
This contract is subject to the Fixed Price Supply Contract General Provisions dated April 1,1982, which is attached hereto as Attachment 5 and by reference
.made a part hereof. -The following additional clauses are also included and made a part hereof:
i