ML20129E552

Contract: Impact of New Reactor Safety Info on Tech Spec Improvement, Awarded to Prof Analysis,Inc

ML20129E552
Person / Time
Issue date:	05/14/1985
From:	Phung D, Thompson R NRC OFFICE OF ADMINISTRATION (ADM), PROFESSIONAL ANALYSIS, INC.
To:
Shared Package
ML20129E549	List: ML20129E545 ML20129E552
References
CON-FIN-D-1331, CON-NRC-03-85-062, CON-NRC-3-85-62 NRR-85-062, NRR-85-62, NUDOCS 8506060534
Download: ML20129E552 (19)

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Professional-Analysis, Inc.

LP.O. Box Il35:

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TODE-u i., wecifiedi lo THE.

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ACQUISmON B. Nt Goll At t o PUR$U ANT T O:

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15A. IT E M NO.

159 SUPPuES/ SERVICES ISC. OUANTITY 150. UNIT ISE. UNIT PRICE

'15F. AMOU.N.1_

The-CommissionThereby accepts Profets.ional - Analysis,'Inc; s

' Technical Proposal dated April 19, : 985, and amendnent daued

' April. 30,zl985, which is incorporat9d into this contract by this ' reference to perform the efforf.s as ' detailed berein.

4 ThiS is a' firm fixed price Contract.

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3jt l CONI hACT CLAUSES lb A } b -I SUPPLIES OR SE RVICES AND PRICES /COS15 l

2 PART sti -LIST OF DOCUMENTS. Exm be15 AND OT HE R ATT ACH.

jiC 4 DESCRIPisON/SPRS A90RK STATEMENT 3

Al a l t#ST Oc ATT ACHMENTS-l 19 _

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-D i PACK AGsNG AND MARKING 5

PART IV y HLPRE SE NT ATtONS AND INST RUCTIONS

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INSPECTION AND ACCEPT ANCE 5-g.

R E PR E SE NT ATIONS. CE RTIF IC ATIONS AND

,X F1 DEL _ IVE RIE S OR PERF ORMANCE 5

OTHER ST ATEMENTS OF OFF ERORS X

G CONTRACT ADMINISTRATION DATA 6

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INSTRS.CONDS, ANO NOTICE S TO Of f ER X

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EVALUATION FAC10RS FCR AWARD

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. CONIRACTING OfflCER Wili COMPL ETE 11EM 17 OR 18 AS APPLICABL E

,Alb CONT H ACT OR's NE GOTIAT E D AGRC E' MENT (Contractor is re.

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AWARD (Contreetor is not reenoired to sign this doeurnent.)

Sired tn'sica this document and 'rrturre copies to issuing office.]

otter on Soutitation Number

- Contractor agrees to fuenish and det6 er all 6tems or perform all the nef wkes set including the additions or cleanges made Dy you wheth additiores or t hanges.

forth as otherwise adentified atiole and on any toritinuation sheets for the att set forth in full above, is hereby atte;;tec as to Ibe items listed abert and iconsia.sation stated t.evein. The enshts and obbsat.ons of the rarlies to this on any continuation sheets. This award consummates the contract whit h t on.

acntract shall te sut*:ett te and goveened by P g tollowing cof.umants (a) this nests of the followirig documents: (a) the Geseentnent's so%cetation end vnur

. Gweec/ conte art. (b) the solecitation d any, a e.c) such pmwis ons, reprennta, cf f er, and (b) this award /tontract. nu f u trer cc ntrattual corument es nays-r

' tions. s ettific ationsi and spee sf et al.ons, as aie attathed or ins ceporated by sary.

- s t f e s t ot e hs t e en. (A ttachmtnis are Lsted herein.)

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Page 2 Section B'- Supplies or Services and prices / Costs B.1.

T ill E:

The Impact of f.rw Reactor Safety information on Technical Specification Improvement A.

PPDGRAM BACVGROUND A body of new information upon which to base nuclear plant safety analyses and practices has been developing from reactor operating experience and NRC and industry research programs.

in progress in a number of areas, but its application to technicalApplication of t 5pecifiCations has not yet been formally considered made in many diverse areas, the principal topics most germanewhile prog,ess has bee 3

of source term characteristics, seismic margins and piping to technical mechanisms.

This information is available mainly in the form of laboratory and committee reports and has not yet been incorporated into the Coanission's formal regulatory framework, although some use is being made in exceptional cases.

knowledge of how the new safety inf ormation will influenc specifications.

formulating an improved philosophy for the technical specifications including criteria for their simplification and optimization Output of the prop am would also lead to better identification and ranking of the technical s.v>cifications by their safety importance, and the identification and elimination of obsolete' and unnecessary reovirements.

Duc to time and resource limitations, the program car.not be c or;rehensive, but must f ocus on these areas judaed to yielt is the most illustrative of the effects of the new information that Trie progrem objectives and task cescriptions are written to reflectsafety inf orma t ion.

the cimains enc actions judged te best achieve this goal.

For purposes of or gar izetion anc convenience, those technical specifications deerned most likely to have revisions based on the new information are called Type 2 Type 1 reserved for those technical specifications where the likelihood for

, with revisions based on new technical information is nil or small.

B.

PEDGRAM OBJECTIVES for the standard technical specifications for Westinghouse, General Electric, Babcock & Wilcox and Combustion Engineering, as limited to the folicwing three systems:

System and Containment System,Rcactor Coolant System, Emergency Core Cooling 1.

Idtntify those technical specifications (Type 2) that are the rare likely candidates for changes as a result of new information in source tenn characteristics, seismic margins and piping failure f

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.4RC-03-85-062 Page 3 2.

111ustratt the influence of the inferr.atior, by c > angles cf revised lype 2 t echnical s pecificat ions based on the new inf orr.at ion.

3.

llinstrate the influence of new information by citing examples of

-existing technical specifications likely to be classified es unt.ec-e<.sa ry or obsolete as a c onsequence of the new infon:,a tion.

B.2. Total Pric-

$62,313 Section C - Desci.ption/ Specifications / Work Statement d

C. I. Statement of Work The contractor shall provide all personnel, materials, transportation and facilities necessary to perform the following:

Task 1 - Identification of Type 2 Technical Specificatioris Completion Date: June 15, 1985 s

for th'e sets of standard technical specifications supplied by the Government, identify the most likely lype 2 technical specifications, including definitions and bases, for the re actor coolant system, the emergency core. cooling system and the containment system.

In makinc this identification, note explicitly the category of the bases:

(1) source term, (2) seismic margins, or (3) pir,ing failure mechanisms.

e T a s k 2 - II I::5 t "a t ion of h'ev I r.# o rme t a r-

' sr<e or_IFf_2 Technical

'5 Dec 11 ) c.a_t i :m_s C

C:.mpletion Date:

July 15, 1985 for selectec lype 2 technical specifications (selections are to be proposed by the contractor and approved by the Froject Of ficer), provide a suraary description of the bases and the specification that might be formulated if the safety analysis is revised in accordance with the new informa tion.

These Type 2 technical specifications should be selected to illustrate the nature of the influence of the new information rather than attenpting to be a comprehensive study.

Task 3 - Elimination of Obsolete and Unnecessary, Technical 5pecifications and Reguirements_

Completion Date: July 15,1985 Final Report Due: August 12, 1985 L_

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NRC-03285-062

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Cite ~ example's of Ltechnical specifications or portions of technical

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specifications that cen be. eliminated as regulatory-requirer.ents._ The n;

f oueberf oi cxamples should adequately represent 'the three topics' of nea'

.information; th'e -four reactor vendors, and the selected sections of the liechnical specifications pertaining to the. reactor coolant system, the i-

?eme~rgency core cooling system and the containment system. Justification shall ibel provided' for'each example cited and shall be. consistent with

-Tasks 1.and 2.

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C.2, REPORTING Rf 0UlREMENTS

l '. One < week' af ter complet ion of. Task ) the contractor shall provide a letter report transmitting:the'results of the tast.

lb fiwo' heeks.af ter: completion _ of Tasks -? and 3 the contractor shall provide

'a -draf t final report for NRC corn.ent describing all the work and providing allEthe information described'in 3. below

,NRC comments will be

':C provided within five working' days after receipt of the draf t report.

One weekL after' receiving fiRC comments 1the contrac, tor shall issue the final report.

c3. =The. final report as: scheduled ih"2. above, shall describe the products of-LeachLof_the!three tasks as grouped by each of'the three new information topics.

Included.in each grouping shall beca; discussion of-the sensitivity _ of the.

'results to interpretations of,how the'new.information is utilized and to the type:of reactor or containment design.

An executive summary shall be preoared EthatThighlights the. task findings ~ and summarizes -the sensitivity discucsions.

A_3._GOE PRIE N Lf1PA) MLD 1 N T 0R'GT )$

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The followingiwill be provided by the NRC Froject Officer upon award of the contract >

Westinchouse Standard Technical' Specifications (Ice ccr.densor containment}

l LBabcockl Wilcox Standard Technical Specifications f

Combustion Engineering Standard Technical Specifications

-Gineral Electric Standard.. Technical. Specifications (Mark' 11 containment) 2.

The,following will also:be provided by the NRC a,s requested:

Staf f Plan for; Regulatory Implementation of Source Term Resea~rch (draf t) l Reports of the. fxpert Panel on Quantification of Seismic Margins Reports of the NRC Piping Review Committee Docunents supplemental to the above

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NRC-03-85-062 Page 5 C. 4 MEETINGS AND TRAVEL

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f of Trips location

1. of People

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Program Orientation 1

NRC HQ

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Progress Review 1

NRC HQ 2

final Review 1

NRC HQ 2

Section D - PacLaoina and Martino D.)

Fackaging and Marking The Contractor shall use standard commercial packaging for all items to be delivered.

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

Section E - Inspection and Acceptance E.]

TAR Citations The Contractor shall refer to Section 1, Clause No. 52.252-2 for citations incorporated by reference.

Section F - Deliveries and Performance F.1 Reports, Documentation and Other Deliverable End Items (See Section C.2)

F. 2 Place of Delivery The items to be furnished hereunder shall be del h e r ed, with all t ransporint ion charges paid by the Cont rac t or, ic:

1.

Copies to Project Officer:

U.S. Nuclear Eegulatory Con:nission Attn:

Peter Willia:ns Of fice of Nuclear Ecoctor Eeoulation Division of Safety Technology Mail Stop:

AR-5013 k'eshington, DC 20555 2.

Copies to Contracting Of ficer:

U.S. Nuclear F.egulatory Cc,taission Attn:

Contracting Offic.er Division of Contracts Mail Stnp:

AP.-PP23 1:eshington, DC F0555

.c TIRC-03-35-062 Page 6 i

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_ Duration of Contract Period

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This contract shall become affective on date of award as stated in Block 3 on the SF 26, end shall continue to completion on August 12', 1985.

F. 4 FAR Citations.

-The contractor shall refer to Section I, Clause No. 52.252-2 for citations incorporated by reference.

s Section G - Contract Administration Data G.1

_P,aymen t_

Payment shall not be made prior to receipt and acceptance of all

' of the contract deliverables.

One lump sum payment will be made at that time.

G. 2 Technical Direction A.

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

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y NRC-03-85-062 Page 7 The[ term ','Technica'l Direc tion" is defined to include the following:

u 1.

Technical direction to the Contractor which shif ts work emphasis between a rea s of work or tasks, requires pursuit of c ert a in lines of i nqu i ry,

fills in details or otherwise serves to accomplish the contractual scope of work.

2 Providing assistante to the Contractor in the prepa ra tj on of drawings, s peci fic a tions or technical portions of the work description.

6 3.

Review and where required by the contract, approval of t echnical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.

B.

Technical direction must be within the general scope of work stated in the contract.

and may not issue any technical direction which:The Project Of fic 1.

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

2.

Constitutes a change es defined in the clause of the General Provis ions, entitled " Changes.

3.

In any way causes an increase or decrease in the total estimated f

contract cost, the fived f ee, if any, or thE time recuired for contiact perior ance.

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Caanaes any of the e>.cressed itrms, conditions or specifications of the corr. rect.

C.

ALL lLCHN] CAL DIRECTIONS SHALL BE ISSUED IN WRll}NG BY T Of f1CER OR SHALL BE CONF]RMED BY SUCH PERSON IN WR1 (10) WORK!NG DAYS ATTER VERBAL ISSUANCE.

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

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

If, in the opinion of the Contractor, any instruction or direction issued by the Project Of ficer defined in B(1) through (4) above,is within one of the categories as the Contractor shall not proceed but shall notify the Contracting Of ficer in writing within five (5) working days af ter the receipt of any such instruction or direction and shall request the Cont racting Of ficer to modify the contrcct accordingly, l'po.n r( ceiving i t.ch r.ctificciion f rom the Cc nt rac t or, the Ccntracting Officer shall issue an a; pi opr i a t e t er,t rec t

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!;RC 05 -062 Pace 8 on.difisation or cdvise 1he Corit roc 1or in weitina

ihet, in the fin.1: os t ieig Dific er's opinion, t he tec hnic al dira t ion is within the

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sc ope of this article and does not t onstitute a change under the Changes Clause.

D.

Any unauth'orized c ora.itment or direction issued by the Pr ojec t Of ficer may result in an unnecessary delay in the Contractor's performance, and may even r esult in the Cuntractor cxpending 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 talen with Pespect thereto shall be subject to the provisions of the contract clause entitled " Disputes.*

j f.

. Project Officer The individual (s) listed in "B" below is (are) hereby desigr.ated as the Contracting Officer's authorized representative (hereir.after called Project Of ficer) for technical espects of this contract.

The Project Of ficer is not authorized to approve or reouest any action which results in or could result in an increase in contract cost; or terminate, settTe any claim or dispute crisino under the contract, or issue any unilate'ral directive whatever7

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The Project Officer is responsible for:

(1) monitoring the Contractor's technical

progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing technical ir.spections and acceptances requirec' by this cor.t ract; anc (5) assist ing the Cor. trac tor in t he resolo;ir.r of is onical I.r nhi e.ms encounitred curinc pe ri o rma nc e.

Withir.

the car new of this i

authority, the F ro.iect Officer is authorizec to review all tesis reuvested ior re irbu rs crent by C;r.t rc t io rs and 5 dmit rett r endctions fo-

eporoval, d i se p; rovai,

or susp m ion for supplies / services required under tbs c ont ra ct.

The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts ci ted in the cor.t ract.

for guidance f rom the Project Of ficer to the Cor. tractor to be. 31id, 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, conditions or specifications inc orpora ted 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.

f:ame and Mail Code:

Peter 11. Uilliams, liail Stop '5013 Office Address:

U.S. !!vcicar Regulat ory Comission 1.'a s h i n g t o n, DC PMS iciep.one 1:.a';er:

(301) 492-4528

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URC-03-85-062

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G.3 Piyn.ent Due Date (a) Paymehits under this contract will be due 30 calendar days af ter th

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later of:

(1) The date of actual receipt of a proper invoice (original and 4 copies) to:

1 U.S. Nuclear Regulatory Cormission Division of Accounting and finance Office of Resource Management AlTN:

GOV /COM Account s Sec1 ion d

k'a shington, D.C.

20555 or (2) The date the final deliverable product / service is ac cepted by the Government.

(b) for the purpose of determining the due date for pa.vrient and for no other purpose, acceptance will be deen.ed to occur 30 calendar days af ter the date of delivery of the final deliverable pr oduct/ service performed in accordance with the tea ms 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 calese will apply to the new delivery of the final product / service.

(d) The date of p:-yment by wire t ransf er through the Treasury financial Communications Systerr shall be considc red ine date pzyment is maae for individual navments exceedinc $?5.000.

The de.t e a ch eci. is issued shall be 'cEnsiderec tire date ;.synient is made for indivicual

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payments.of $25,000 or 1ess.

G.4 invoice Requirements invoices shall be submitted in an original and 4 copies to:

U.S. Nuclear Regulatory Comission Division of Accounting and finance Office of Resource Management ATTN:

GOV /COM Accounts Section L

b'a shington, D.C.

P0555.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

t (1) Name of the business concern and invoice date.

(2) Cont rac t nun.ber.or other authori7a t ion f or delis ery of prc.; e rty c r services.

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!!RC- 03 062 Page 10 (3) De'. e ipt ion prite and qu ot ity of piopu ty ano' '.siviees asinally delivei ed or r endered.

(4) Shipping and payment terms.

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(5) flame (where practicable), title, phone number, and complete mailing address of responsible of ficial to whom payment is to be sent.

(6) Other substantiating documentation or. information as required by the contract.

G.5 Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the payment of interest to c ontrac tors on overdue payments and improperly taken discounts.

(b) Determinations of interest due will be made in accordsuce with the provisions of the Prompt Payment Act 6nd Of fice of I'.ar.aoement and Budget Circular A-125, Vol. 47 federal Register 37321, August 25, 1982.

Among other considerations, Ot1B Circular A-125 provides that:

(1) Interest penalties are not required when payment is delayed because of a disagreement over the amount of pay:aent or other issues concerning compliance with the terms of the contract.

(2) Whenever a proper invoice is paid af ter 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 f rom the day af ter the due date through tne pyrent datc.

G.6 F=thnd of ravmant 4

(a) Payment under this contract will be made by wire trcnsfer 1.ircugh ine i r r e s u ry firencial Costuni ca t i ons Systerr for a ct. and:vidual payroent in es,tess of 125,000 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 5.riting 'o the Contracting Officer to facilitate wire transfer of contract

payments, in the event that the Contractor's financial institution has access to the federal Reserve Cormonications 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 Coir.munications Syst6m, Contractor shall complete all items except item 4.

1.

L'ame and address of ciganization 2.

Contact person and telephone number 3.

Iar..e and addrest of fir.ancial ins t i t ut ion e

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gjRCiO3 062 -

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4.

r is.;5 nc ial institutions's 9-digit. ABA ided i fy i ng rnmher for inuting transfer of fui.ds 5

Telegraphic abbreviation of fir.ancial institution 16 > Account number at your financial institution 5your 1 financial if it does not have access to the Tederal Rese System y

7 Name and address'of the corrbspondent financial institution your financial institution receives elec t ronic funds transfer messages through, if it. does not have access to the Federal Reserve Communications System s

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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 information (c) 'Any changes to the-inforn.ation furnished under paragraph (b) of this

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clause shall 'be furnished to the Contracting Of It -

'to avoid payments to erroneous bank accounts.

Section H - Special Contract Reouirements H.1 Key Personnel i

(a)

The f ollowing individuals are consicered to be ru.er.1ial to' the succe<.sful periarc.ance of the work he reunder.

Dr.-Doan L. Phung Mr. Irving Spiewak The Contractor: egrees that :such personnel shall not be re.uoved from the contr6ct work or replaced without compliance with paragraphs (b) and (c);

hereof.

I-(b). If.one or more of the key personnel for whatever reason' becor..s, or is expected to ~ become, unavailable for work under this contract -for a continuous period exceeding 30 ~ work' days, or is expected to Tievote

)substantially less effort to the work than indicated in the proposal or initially' anticipated, the Contractor shall irmediately notify the L

Contracting: 0f ficer ' an.d shall, subject to the. concurrence of the-Contracting Of ficer or his authorized ' representative, promptly replace -

and qualifications.such personnel with personnel of at least substantially eq (c)

All requests for approval of substitutions hereunder past t

L be. in writing and provide a detailed explanation of the circumstances r.et ess ita t ing the pryposed s ub tit utions.

resume for. the ; proposed substitute, and otherThey r:us t ( c r.it i n a (cf.ple t e inforra t ion req.,ested by L

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MRC-03-85J~62

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- 1he f r.nt i m t ing L0f fis er or ni i d. d t'y him t o appiovr or di -o; pi ove ihe

' pi opo'. d

' ubs t it ut ion.

1 f.e Contior1ing Difiter his 'ent boiired r epi esent a t i ve will evaluate such requests and piomptly notify the or Contractor 'of his approval or disapproval thereof in writing s.

-(d) 'If the ; Contracting Officer determines that suitable and time replacement' of key personnel who have been reassigned, t ermina t ed or have otherwise become ur.ava il able for the c ont rac t work is not reasor. ably forthcoming or that the resultant reduction - of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be tencinated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or,.at the discretion of the Contracting i

Officer if he finds the' Contractor at fault for the condition, the.

contract price or fixed fee' may be equitably adjusted downward to s.

compensate the Government for any resultant delay, loss or damage.

H.2 Safety, Health, and Fire Protection The Contractor shall take all rcasonable precautions in the performance

.of the ' work under this contract to protect the health and safety of

. employees and of members of the public and to minimize dancer from all ha:ards to life and property and shall comply with all hc alth, safety, and fire protection regulations and requireraents (including reporting requirements) of the Commission and the Department of 1. abor.

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 pa rt of the work; thereaf t er, _ a sta rt order for resumption;of. work may be issued at the discretion of the. Cont ractine Officer.

The Contractor shall make no claim for an e>1ension of 1ime o

or compensation or osmaces by reasnn of or in connectict with sucn wart

' s top;.a ce.

i H3 Dis seminat ion -of Contract inicrmetion (0!G - Cicarente 06er 1he. Contractor shall not publish, permit to be published, or disseminate

'to the public any-information, oral or written, concerning the work

-performed under this contract without the prior writter, consent of the Contracting'.0f ficer..

Two. copies of any information proposed to be -

p published or disseminated shall be submitted to the Contracting Of.~icer.

Failure to comply' with this clause shall be grounds for termination of ~ '41 this contract..

H.4 Private Use of Contract Information and Data Except as otherwise specifically authorized by Section H.,

'of contract work of this contract, or as otherwise approved - by the publication Contracting Officer, or furnished the Contractor in the perfoni.ance of this contrac I

be used only in connection with the work untr this contrac t.

.shall

ry '

t NRC-03-85-062 Pa' ge 13' H,5 prating, nesigns, and sp,.c i_ fit at ions, " ~~ ~

All th.%ii.gt, sl+1 ches, ~ des igns, des ign dat a, spa ii t t n1 ions, ot.1( hool s,

t echnii al and st ient ific da1 a,.u.d all phot ogrophs, nepii ves, i epm i s.

findings,; rec onmenda t ions,

data and n emora nda of every description relating thereto, as well as all copies of the foregoing relating to the s

t work or - any part

thereto, shall be subject.to inspection by the

-Comission at all 'reasor.able. times (for which inspection the proper facilities shall be af forded the Conenission by the contractor and its subcontractors), shall'be Lihe 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 subcoritractors 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 Cont ractor either as the Contracting 4

Officer may from time to iime 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 rioht of retention and.

use shall be subject to the security, patent, anci use of information e

. provisions, if any, of this contract.

H.6 Proprietary Data and Confidential Information i

in connection with the performance of the work under this contract, the Contractor may be f urnished, or may develop or acquire, proprietary data

'(trade secrets) or confidential or privileged technical, business, or l

financial information, including Commission plans, policies, - reports, l'

financial plans, internal data protected by the Privacy Act of 1974 (P.L.93-579), or other information which has not been released to the public or has been determined by the. Commission to be otherwise exempt

-.f rom disclosure to the public.

Contractor agrees to hold such information in confidence and not to directly or indirectly duplicate, disseminate, or disclose such information in whole or 'in part to a ny other person or organization exten; as may be necessary to perform the work under this contract.

Contractor agrees to return such inf ormation to the,Comission or otherwise oispose of it either as the Contracting Officer may f rom time to time direct during the progress of the wori or in any event es the Contracting Of fiter shall direct upon completion or termination of this ~ contract.

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

H.7

. Security-(OMB Cicarance Number 3150-0112)

~.t

-~ 3

.(a)

It is the Contractor's duty to safeguard Restricted Data, formerly Restricted Data, and other classified information.

The Cont ractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding Restricted Data, formerly Restricted Data, and other classified information and protecting against sabotage, espionage,. loss and

theft, the classified documents and material in the Cont rac tor's possession in connection with the performance of work under this contract.

Dcept as otten<ise e>pressly n

provided in this contract, the Contractor shall, upon c oropl et ion or termination of 'this contract, transmit to the Cccmission any classified b

matter in the possrpsion of the Contractor or any per s on under the

- Cont ra tor's cor.t rol in ccr..ec tion with pei fornnce of this ccnt r act.

J

/.

i

. R C 03-05-062 2

Page 14 If iet,ntion by ihe r Cnt i.n 1 or of any c l e. d i d "i...d t e r is i e ipeis ed of t er t he c inplet ion or t r e r. iia-t ion of the tioitiott nnd a nch e et ont ion is appi oved by 1he Cta.i roc 1ing Of fic er, the Cont i oc tur will ( vnplet e a certificate of possession to be f urnished to the Conmission specifying the class'ified matt er to be ret ained.

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 known.

If the retention is approved by the Controc ting Of fit er, the security provisions of the contract will continue to be applica bl e to the matter retained.

(b)

Regulations.

The Contractor agrees to c on f orm to all security regulations and requirements of the Comnission.

4 (c) Definition of Restricted Data.

The term " Restricted Data," as used in this clause, means all data c onc e rr. i ng (1) design, manufacture, or utili;ation of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nucicar material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section Act of 1954, as an. ended.

142 of the Atcmic Energy (d)

Definition of Formerly Restricted Data.

The term "f orme rly Restricted Data," as used in this clause, means all data removed f rom the Restricted Data category under section 142-d. of the Atomic Energy Act of 1954, as amended.

(e)

Security Clearance Personnel.

The Contractor shall not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in 3ccordance with the Atomic Energy Act of 1954, as amended, and the Corr;is s ion 's reculations or recuireer.ts applicable to t he particular type c,r catepry of classifiec inicreation to which itcess is recuired.

J (f)

Criminal Liabilities, it is understood that di sclesu re of Restricted

Data, ionnerly F.es t ric tec

Deta, or other clessified information relating to tne worh or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data, formerly Restricted Data, or eny other classified matter that may come to the Contractor or any person under the Contractor's control in connection with work under this contrac+. 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 seq. ;- 18 U.S.C.

793 and 794; and Executive Order 11652.)

(g)

Subcontracts and Purchase Orders.

Except as otherwise authorized in writing by the Contracting Of ficer, the Contractor shall insert 1

provisions similar to the foregoing in all subcontracts and purchase

/

orders under this contrect.

(h) in performing the c or.t r a c t work, the Contractor shall assign classific at ions t o all doc u:.er.t s, me t s rial, and equip ent cricinnied cr generated by the Contrac tor in act.cr d5r.ce with classific c t ion guidcoce

m tac-0345-062

~

m Page 15 Sy.the fennipsion.

h e ry

• obtonti.iti cod. ruiv.ese oider i. ia.d

/r i

htin.nder

- invoh ing. i t.e or ig ie.,,1 ion -

'd6 cum nt s, n.sterial, or equipm nt. shall pr ovide that or ye nerat itin of c l e. *. s i f i ed,

,,2 -

e or supplier. shall assign classifications i

. the subc ont r,scior _ -

material, and equipment in e(cordance with classificat ion guidance to all such doc un,en t s,

7 furnished by the Contractor.

l _

H.8-Contractor Oroanizational

'3BD~~DI 12) ^ ^

Conflicts of. interest (OMB Clea rance N (a)

Purpose; The primary purpose of this clause is to aid in ens that the Contractor:

(1) 1s not placed on a conflicting role becKuse of currentior planned interest ' (financial, contractual, organizatio otherwise)' which relate to the work under this contract nal', or of its performance of this contract.not obtain an unfair co

, and (2) does 0

y virtue (b)

Scope.

The restrictions described herein shall apply to-

. performance. or participation by the Contractor as defined in 41 CfG

!?0-1.5402(f) in the activities covered by this clause.

l h

(c) k'ork for_ Others.

f.

-contract,.during the term ofNotwithstanding any other provision of this h

forgo entering into consulting orthis contract, other contractualthe Contract or agrees to,

b any firm 'or organization, the result of which may give rise to a arrangements with conflict of ' interest with' respect to the work being performed

-contract.

The Contrac tor shall s

employed f ull time under this contract and employees designa ensure that all employees who are personnel, if any, If the Contractor believes with respect to itse clause.

y-employee.that any proposed consultant or other contracibal

. wi th ' a ny firm or oroani7ation may i r.vol ve a pnient ial conflict of arrangement

. interest, the Contractor shall obtain tne written aporoval of the Contrectina Officer prior to execution of such contrectual a r r anp.w nt.

(d) ristleture. citer eward.

~(1) belief and except as 'otherwise set forth in this

,CFP.20-1.5402(a).not have any organizational conflicts of inte

, it does

.m....

-.j.

(2)-

The Contractor u_

agrees that if after award it discovers it shall make anorganizational conflicts of interest with respect to immediate and full' disclosure in writing to the Contracting Officer.

the action which the Contractor has taken or propesesT avoid' or mitigate such conflicts.

to take to The liRC may, however, terminate the best interests of the Goverr. ment.the c n

'(e) Access to and use of information.

t' 4~

e-y.

-,. y -..

~.4 7 :

.,f s.

~

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6 b-(;

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nRC-03-85-062.

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';z Page 16 I

.)f 1he ran.ti or ior in t he pei fos c.ani e of 1 L'is e ont i oc t rhtains (1) assess. to' inin.w tion, (och es hWC plans, pol ic ies,

ieports, h

' studies, finantial plans, intertial data protec ted by the Privacy Act L

of 1974 (Pub. L.93-579) orl dat'a which.has not been released to the-k.

publi'c, the Contractor agr'ees not 'to:

~

s (i) Use Lsuch information for any private purpose until the information has been released to the public;.

tz (ii) compete:for' work for the Coninission based on such information for a period)of six (6) months 'after either the.

c omplet ion of this' contract ~ or the release of such l

information to the public, whichever is first; k

l

'(iii) _ submit an-unsolicited proposal -to the Government based on -

p such inf ormation-until one year af ter the release of such information to the public, or is (iv) release the information without prior writter, approval-by I

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 -

l pri_vileged technical,- b'usiness, or financial infomation under this

[

contract, the Contractor shall treat such information in accordance p

with restrictions placed on use-of the information.

.(3)

The Contractor shall have, subject to patent and security provisions of this contract, the right to use' technical data it proriuces under 'this contract for prisate purp.7ses prcsided that all p

reouirements of this contract have been ce..

L 3

(f)

Subc or,t ra c t s.

Ei.t ept as provided in 41 CFR 20-1.5402(h), ' the Contractor shall include this cleuse,. including this paragraph, ir i

subcontracts of any. tier.

The terms " cont ract, Con t ra c to r, and i

" Contracting Of ficer, shall be appropriately modified to preserve the Government's rights.

(g). Remedies.

For breach of any of the above prescriptions.r-for 2-intentional nondisclosure or misrepresentation of any relevant interest.

required to be disclosed concerning this contract or for such errbneous representations as necessarily imply bad ' faith, the Government may j-terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be y

permitted by law or this contract.

a (h)

Maiver.

A request for waiver under this clause shall be directed in writing through the Contracting Of ficer to the Executive Director for Operations (EDO) in accordance with the piecedures outlined in l

!?0-1.5411.

f e

E

..((.-

~

NRC-U3'-85 -062.

~

,7-

'N.

. Pa9e'17 PAR 1 11 -- (fr.1 R AL1 fl Atsi 5 -

Sed ion =14 Ctmirac t C1ause5 52,?52-2 CL AUSl5.' 1NCORPORAlf D BY RU ERENCE.

(APR 1984)-

This contract' incorporates the following clauses by reference, with the Jsam force - and ef fec t as if. they were given in full text.

Upon request, the ef Contracting Officer will~make their. full-text available

11. FEDERAL-ACQUISITION REGULA110N (48 CfR ~ CHAPlER 1) C AUSES Section E i

b2.246-4 INSPECTION OF'5ERVICES--flXED-PRICE.( APR 1984) z Section F 52.212-13 STOP-WORK ORDER.

(APR }984)

Section ]

52.202-1 DEflN1110NS.

(APR 1984) 52.203-1

.0f f1CI AL5 NOT -10 BENEFIT.

(APR1984)'

52.203-3 GRATUlTIES.

(APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52.215-l' EXAMINATION OF RECORD 5'BY COMPTROLLER GENERAL.

(APR1984) 52.215-2 AUDIT--NEGOTIATION.

(APR 1984) 52.235-31 WA1VER OF' FACILITIES CAPITAL COST OF MONEY.

( APR 1984)

-52.219-8 UTIL12AT10N OF SMALL BUSINESS CONCERN 5 AND SMALL DISADVANTAGED BUSINESS CONCERNS.' (APR 1984)

.5? 219-13 UTitl2 AT10N OF WOTU-0WNED SMAtt' BUSINTESES.

( APF: 3984)

-52.220-3 UTlll7AT10N OF L ABOR SURPLUS AREA CONCERN 5.

( APR 1984) 1 52.222-)

N0ilCE 10 THE GOVEENMENT OT: L ABOR D15 Pull 5.

( APR 19S4) 52.222-3 CONVICl LABOR.

(APR 1984) 52.222-20

~ EQUAL OPPORTUNITY.

(APR-1984)

$2.222.35 AFFlRMATIVE ACTION FOR SPECIAL 015ABLEO AND VillNAM ERA VETERANS ~(APR 1984) 52.222-36 Af flRMATIVE ACTION-FOR HANDICAPPED WORKERS (APR 198 L52.227-1 AUTHORIZATION AND CONSENT.

(APR 1984)

~ 52. 2.27-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT.:. -

- c?

INFRINGEMENT.

(APR 1984)

.;. -)

.d2.227-3

' PATENT INDEMNITY--ALTERNATE 'I (APR 1984).

-)

E52.227-11 PATENT RIGHTS--RETEN110N BY THE CONTRACTOR (SHORT TORM).

(APR1984)

'52.229-3 FEDERAL, STATE, AND LOCAL TAXE5 (APR 1984) 52.229-5 TAXES--CONTRAC15 PERFORMED IN U.S. POSSESSIONS OR PUERIO RICO. (APR 1984) 52.,-32-8 D15COUN15 FOR PROMPT PAYMENT.

(APR 1984) 52.232-11

. EXTRAS.

(APR 1984) 52.232-17 1N1EREST.

(APR 1984) 52.232-23 AS$1GNMENT OF CLAIMS.

(APR)984)

.52.?S2-1 D15 Pull 5.*

(APR 19S4) v 52.241-1 CHANGES.-FIAED-FRICE.

(A"R 1FS4)--Alterr. ate 1.

(APR 19f;.

LO2.

1. ~

~

• 4C- 03 ~sS-Ob2

]

Page 18, o

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- LJ.242-2 PROD;iCIl0:1 PROGRI SS RLPOR15 ( APR 1984) 52.244-5. 00:@lT111011 111 SURCO:ilRACllilG

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52.246-25 LlMll A110N Of L I ABillTY--5LRVIC[S.

(APR1984) 52.247-63 PR[f LR[NCE FOR U.S.-FLAG AIR CARRl[RS.

( APR 1984) 52.249-4 T LEM)NAT 10N F OR CONV[fi][NCE Of THE GOVERN!'.EtiT (StRY)CES) (SHORT FORM).

(APR1984) 52.249-8 DLTAULT (f)XED-PR)CE SUPPLY AND SCRVICE).

(APR 1984) 4 4

C e

d 9

9 O

(

!;R C 35 - 062-Page 19 IAR1 ))) - t 151 OT !)fict::'.I fils, I XHlhils, A :D blit! R A11/. cit::i r;13 Section J -

List of At tac ha.ent s

~

.. At t a c hmen t fluirhe r

.Ti t i.e 1

-tlRC Organization Chart 2

i!RC Contractor Organizational Conflicts of Interest (4)

Part PO)

CFR 3

fiRC Manual Chapter 3?02 4

Billing Instruc tions for fixed Frice Type k

s e

. ~.

M O

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.