ML20129F480
| ML20129F480 | |
| Person / Time | |
|---|---|
| Issue date: | 10/24/1996 |
| From: | Colina E, Mace M NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE & ENGINEERING ASSOCIATES, INC. |
| To: | |
| References | |
| CON-NRC-04-97-036, CON-NRC-4-97-36 NUDOCS 9610290136 | |
| Download: ML20129F480 (39) | |
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d AWARD / CONTRACT Page 1 of :.
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THIS CONTRACT IS A RI?ED ORDER UNDER DPAS (15 CFR 700)
RATING
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CONTRACT NO-3.
EFFECTIVE DATE 4.
REQUISITION / PROJECT NO.
NRC-04-97-036 10/11/96 RS-RES-96-050 l
5.
ISSUED BY Code:
6.
ADMINISTERED BY Code:
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(If other than Item 5)
U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Division of Contracts Di.ision of Contracts Technical Acquisition Branch 1 Technical Acquisition Branch 1 Washington, DC 20555 Washington, DC 20555 7.
NAME AND ADDRESS OF CONTRACTOR l
8.
DELIVERY Science & Engineering Assoc., Inc.
[ ]
FOB ORIGIN 6100 Uptown Blvd., NE, Suite 700
[X]
OTHER (See below)
Albuquerque, NM 87110 j
9.
DISCOUNT FOR PROMPT F3YMENT N/A Principal Investigator / Technical 2cntact: Dr. Dasari V.
Rao Telephone No: (505) 884-2300
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6 j
- 11. SHIP TO/ MARK FOR CODE 112. PAYMENT WILL BE MADE BY CODE US Nuclear Regulatory Commission iU.S. Nuclear Regulatory Commission j
Division of Engineering Technology
' Division of Accounting and Finance Attn: Michael L.
Marshall, T10-C9 GOV /COM Accounting Section Washington, DC 20555-0001 Washington, DC 20555
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
[ ] 10 U.S.C.
2304(c)[ ]
[ ] 41 U.S.C. 253 (c) [ ]
- 14. ACCOUNTING AND APPROPRIATION DATA 15A. ITEM 15B. SUPPLIES /
15C. QUANTITY 15D. UNIT 15E. UNIT 15F. AMOUNT NO.
SERVICES PRICE The NRC hereby accepts the Contractor's offer dated 7/8/96 for the effort entitled, " Technical Assistance for Prioritizing and Resolving Generic Safety Issues."
l 15G. TOTAL AMOUNT OF CONTRACT
$237,049.00 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)
Prescribed by GSA FAR (4 8 CFR) 53. 214 (a)
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PDR CONTR NRC-04,97-036 PDR AWARD / CONTRACT Page 2 of 2 Pages (h)id 'V$'
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16.
TABLE OF CONTENTS 4
X?SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE A
SOLICITATJON/ CONTRACT FORM B-SUPPLIES OR SERVICES AND PRICES / COSTS i
C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT
'D PACKAGING AND MARKING E
' INSPECTION AND ACCEPTANCE F
DELIVERIES OR PERFORMANCE G
CONTRACT ADMINISTRATION DATA H
SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I
CONTRACT' CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J
LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M
EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17.
[X] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign j
this document and return 3 copies to issuing office.) Contractor agrees to j
furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein.
The rights and obligations of the parties to.
this contract shall be subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if any, and-(c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein.
(Attachments are listed herein.)
.18.
[ ] AWARD (Contractor is not required to sign this document.) Your offer on Solicitat' ion Number-including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your of fer,. and (b) this award / contract. No 1
further contractual document is necessary.
.19A. NAME AND TITLE OF SIGNER 20A. NAME OF CONTRACTING OFFICER (Type or print)
)
Ilene R. Colina, Contract Administrator f) /
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@ NE M*^h b ""' M E f" E ^" W b2 E (SignaJ.ureofpersonauthorizedtosign)
(Signatufe o Contractin@ Officer) 27 DATE SI%(/ "
- 19C. DATE SIGNED 20C.
/d h/
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l October 4, 1996 EXCEPTION TO: STANDARD FORM 26 (REV.4-85) l l
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TABLE OF CONTENTS PAGE AWARD / CONTRACT PART I - THE SCHEDULE.
3 SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS 3
B.1 PROJECT TITLE 3
B.2 BRIEF DESCRIPTION OF WORK (POUR 1987) 3 ALTERNATE 1 (JUN 1988)
B.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989) 3 SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT..
5' 5
C.1 BACKGROUND C.2 OBJECTIVE 5
C.3 SCOPE OF WORK 5
-C. 4 MEETING AND TRAVEL REQUIREMENTS 7
C.5 EXCLUSIONS / RESTRICTIONS 7
C.6 NRCAR 2052.215-83 TRAVEL APPROVALS (cud 1 1993 )
8 SECTION D - PACKAGING AND MARKING 9
D.1 PACKAGING AND MARKING (MAR 1987) 9 SECTION E - INSPECTION AND ACCEPTANCE 10 E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 10 E.2 PLACE OF INSPECTION AND ACCEPTANCE (POUR 1987 )
10 11 SECTION F - DELIVERIES OR PERFORMANCE....
F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 11 F.2 NRCAR 2052.212-70 PREPARATION OF TECHNICAL 11 REPORTS (JAN 1993)
F.3 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT 11 F.4 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) 12 F.5 PLACE OF DELIVERY--REPORTS (JG4 1988) 14 F.6 DURATION OF CONTRACT PERIOD (POUR 1987) 14 ALTERNATE 4 (JUN 1988)
F.7 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL 14 VIEWS (DPVs)
F.8 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS (
15 SECTION G - CONTRACT ADMINISTRATION DATA 16 G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY 16 (JAN 1993) 18 G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT....
- ALTERNATE 1 (JAN 1993)
G.3 NRCAR 2052.236-71 INDIRECT COST RATES (JUVJ 1993 )
19 G.4 NRCAR 2052.216-74 TASK ORDER PROCEDURES (cud 1 1993) 19 G.5 NRCAR 2052.216-75 ACCELERATED TASK ORDER PROCEDURES (JA 21 G.6 USE OF AUTOMATED CLEARING HOUSE (ACH) 21 ELECTRONIC PAYMENT SECTION H - SPECIAL CONTRACT REQUIREMENTS 23 i
. _,. _ = _ _ _ _ _ _ ~. _. -. ~ _ _ _ _ _ _ _ _ _.
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TABLE OF CONTENTS PAGE H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL 23 CONFLICTS OF INTEREST (6LUV 1993)
H.2 NRCAR 2052.210-71 DRAWINGS, DESIGNS, SPECIFICATIONS, 27 AND OTHER DATA (JAN 1993)
H.3 NRCAR 2052.215-70 KEY PERSONNEL (sLU1 1993) 27 H.4 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED 28 (JUN 1988)
PART II~- CONTRACT CLAUSES 29 SECTION I - CONTRACT CLAUSES 29 l
'I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 29 I.2 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT 31 INTEGRITY--MODIFICATION (SEP 1995)
I.3 52.216-18 ORDERING (OCT 1995) 33 I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)..
31 I.5 52.216-21 REQUIREMENTS (OCT 1995) 34 I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE 35 CONTRACT (MAR 1989) i I.7 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)-
35 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 37 SECTION J - LIST OF ATTACHMENTS 37 l
J.1 ATTACHMENTS (MAR 1987) 37 t
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NRC-04-97-036 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS B.1 PROJECT TITLE The title of this project is ao follows:
Technical Assistance for Prioritizing and Resolving Generic Safety Issues
[End of Clause]
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
ALTERNATE 1 (JUN 1988)
(a) Brief description of work:
The contractor shall provide expert technical services to assist the Generic Safety Issues Eranch, Division of Enginevring Technology, Office of Nuclear Regulatory Research, in the evaluation, prioritization, and resolution of generic eafety issues and regulatory impact issues that have not been addressed by the NRC.
(b) Orders will be issued for work required by the NRC in accordance with 52.216 Ordering.
Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this contract. The provisions of this contract shall govern all orders issued hereunder.
[End of Clause!
1 B.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989) j (a) The total estimated amount of this contract (ceiling) tor the l
products / services ordered, delivered, and accepted under this l
contract is $237,049.00.
The Contracting Officer may unilaterally increase this amount as necessary for orders to be placed with the contractor during the contract period provided such orders are within any maximum ordering l
limitation prescribed under this contract.
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(b) The Government reserves the right to exercise the fdllowing I
options under this contract at the total estimated cost indicated for full performance of each.
Option Period 1 Reimbursable Costs:
$459,643.00 (2 years)
Fixed Fee:
27,484.00 Page 3 of 37 I
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1 NRC-04-97-036 Section B B.3 (Continued) i Total Estimated Cost: $487,127.00 Option Period 2 Reimbursable Costs:
$472,308.00 (2 years)
Fixed Fee:
28,241.00 Total Estimated Cost: $500,548.00 (c) The contracting Officer will obligate funds on each task order issued.
(d) A total estimated cost as well as any fee, if any, will be negotiated for each task order and will be incorporated as a ceiling in the resultant task order.
The Contractor shall comply with the provisions of 52.232 Limitation of Cost for fully funded task orders and 52.232 Limitation of Funds for incrementally funded task orders, issued hereunder.
[End of Clause]
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NRC-04-97-036 Section C SECTION C - DESCRIPTION / SPECIFICATIONS / WORK HTATEMENT C.1 BACKGROUND The United States Nuclear Regulatory Commission (NRC) was created cy enactment of the Energy Reorganization Act of 1974 as an independent agency of the Federal Government. It is responsible for the protection of the public health and safety in the civilian use of nuclear power and nuclear materials. In the pursuit of this mission, the NRC issues rules and imposes regulatory requirements on the nuclear industry to improve the safety of licensed facilities. The NRC analyzes the benefits and costs (values and impacts) of possible new rules and regulatory requirements to assist in the decision-making process.
The Generic Safety Issues Branch (GSIB)/ Division of Engineering Technology (CET)/ Office of Nuclear Regulatory Research (RES),
provides dedicated management for the prioritization and resolution of generic safety issues (GSIs) and regulatory impact issues (RIs) concerning reactor systems and components associated with nuclear power plant design and operation.
As part of its functional role, GSIB has direct responsibility for developing generic safety assessments based on operational history, design and operational considerations, risk evaluations, and costs associated with potential solutions to such generic safety concerns.
These technical findings are then used in support of development of regulatory actions such as rules, regulatory guides, and generic letters.
C.2 OBJECTIVE The objective of this contract is to obtain expert technical services to assist GSIB in the evaluation, prioritization, and resolution of GSIs and RIs that (1) have not been addressed by the NRC and (2) are not subject to exclusion from this effort under Section C.6 Exclusions / Restrictions.
It is also the objective of I
this contract to obtain assistance in the verification step of GSIs and RIs.
A GSI is a safety concern that may affect the design, construction, or operation of all, several, or a class of nuclear power plants and may have the potential for safety improvements and promulgation of new or revised requirements or guidance.
An RI is a conceivable change in current requirements that could significantly reduce the impact (usually cost) on licensees without any substantial change in public risk.
C.3 SCOPE OF WORK Work to be performed will be described in task orders which will specify the services to be provided, deliverables, schedules, and Page 5 of 37
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NRC-04-97-036 Section C C.3 (Continued) allocated resources. The contractor shall provide the appropriate resources for services ordered by the NRC under individual task orders.
1 This effort will require a broad range of engineering and technical disciplines, in-depth knowledge of nuclear power plant design and operation, of probabilistic risk assessment, and of cost / benefit (value/ impact) analysis. The contractor must be familiar with the NRC's licensing requirements, generic issue resolution, backfit procedures and safety goals.
Also, the contractor must be familiar with industry codes and standards.
The contractor shall provide a responsible project leader and team l
members as may be appropriate for the performance of each task order. The project leader will be responsible for coordinating task efforts; ensuring that the work is focused and on track; l
identifying problems with established schedules, costs, and overall budget; updating the contractor spending plan; and performing project management duties.
The work shall be performed in accordance with the contractor's quality assurance programs for j
services (incl. data collection), software development, experiments, and deliverables.
Task orders issued under this contract will be for GSIs or RIs not subject to exclusion from this effort under Section C.6 or H.1.
Effort performed in relation to GSIs and RIs shall conform to the guidelines contained in Reference 1 and 2, unless otherwise specified in the individual task order. Task orders issued will typically require the contractor to provide recommendations and/or i
assistance to the GSIB in the following areas:
1
- prioritization process for GSIs or RIs
- identification and ev;1uation of possible resolutions (fixes) for a GSI or RI
- formulation of a regulatory analysis
- development of a probabilistic risk assessment for a GSI or RI
- estimation of costs associated with the resolutions to a GSI or RI
- obtaining and reviewing operational data, failure data, or test data related to a GSI or RI
- evaluation of safety-related research concerning a GSI or RI J
- development of analytical, conceptual, and/or computational models to facilitate the evaluation of GSI or RI Page 6 of 37
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l NRC-04-97-036 Section C C.3 (Continued)
- utilization of existing computational, engineering, statistical, or analytical software or tools to evaluate GSI or RI
- drafting of a technical finding document for a GSI or RI
- evaluation of comments on proposed resolutions or technical documents released for public comments for GSI or RI
- public meetings regarding a GSI or RI (e.g.,
preparation of slide materials)
- reevaluation of GSIs prioritized as low
- general technical assistance in support of a GSI or RI C.4 MEETING AND TRAVEL REQUIREMENTS Specific requirements for meetings and travel will be specified in each task order issued under the contract.
C.5 EXCLUSIONS / RESTRICTIONS The following specific exclusions / restrictions are representative of the types of restricted activities described in H.1, "NRCAR 2052.209-73 Contractor Organizational Conflicts of Interest (J)UJ 1993)," and are to be consir' ed in conjunction with the restrictions of H.1.
1.
The contractor shall not prio.-itize or resolve issues identified or originated by the cor. tractor.
2.
The contractor shall not reevaluate GSIs or RIs that the contractor was involved in the prioritization, resolution, imposition, implementation, or verification of.
3.
This solicitation excludes work in process under NRC Contract Nos. NRC-04-95-047 and NRC-04-95-042.
REFERENCES 1.
- Emrit, R.,
et.
al.,
"A Prioritization of Generic Safety Issues," NUREG- 0933, USNRC, Washi.ngton, DC, December 1990.
2.
RES Office Letter No.
7,
" Procedure for Identification, Prioritization, Resolution, and Tracking of Generic Issues,"
USNRC, Washington, DC, February 16, 1996.
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[End of Clause) i Page 7 of 37
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NRC-04-97-036 Section C C.6 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 1993)
(a) All domestic travel requires the prior approval of the project officer.
i (b) All foreign travel must be approved in advance by the NRC on NRC Form 445 and must be in compliance with FAR 52 247-63 Preference for U.S.
Flag Air Carriers.
Foreign travel l
approval must be communicated in writing through the l
contracting officer.
[End of Clause]
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NRC-04-97-036 Section D l
SECTION D - PACKAGING AND MARKING l
D.1 PACKAGING AND MARKING (MAR 1987) l The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination.
Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.
On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
[End of Clause]
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NRC-04-97-036 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
\\
i This contract incorporates one or more clauses by reference, if they were given in full text.
with the same force and effect as Upon request, the Contracting Officer will make their full text available.
I.
FEDERAL ACQUISITION REGULATION (4 8 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.246-5 INSPECTION OF SERVICES APR 1984
- COST-REIMBURSEMENT
[End of Clause]
E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.
[End of Clause]
Page 10 of 37
NRC-04-97-036 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference, with the same force and effect as it they were given in full text.
Upon request, the Contracting Officer will make their full text i
available.
I.
FEDERAL ACQUISITION REGULATION (4 8 CFR CHAPTER 1) CLAUSES
]
i NUMBER TITLE DATE i
52.242-15 STOP-WORK ORDER AUG 1989 Alternate I (APR 1984) f
[End of Clause]
F.2 NRCAR 2052.212-70 PREPARATION OF TECHNICAL REPORTS (JaN 1993)
All technical reports required by Section C and all Technical Progress Reports required by Section F are to be prepared in accordance with the attached Management Directive 3.5,
" Unclassified Contractor and Grantee Publications in the NUREG Series."
Management Directive 3.8 is not app}icable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract.
(See Section J for List of Attachments).
[End of Clause)
F.3 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT The contractor shall provide a monthly Technical Progress Report to the project officer and the contracting officer. The report is due within 15 calendar days after the end of the report period and must identify the title of the project, the contract number, job code number, project manager and/or principal investigator, the contract. period of performance, and the period covered by the report.
Each report must include the following for each discrete task / task order:
(a) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanation provided; (b) Any problems or delays encountered or anticipated and recommendations for resolution.
If the recommended resolution involves a contract modification, e.g.,
change in work Page 11 of 37
u NRC-04-97-036 Section F F.3 (Continued) requirements, level of effort (cost) or schedule delay, the contractor shall submit a separate lettec to the contractin'g officer identifying the required change and estimated cost impact.
(c) A summary of progress to date; and (d) Plans for the next reporting period.
[End of Clause]
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F.4 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995)
The contractor shall provide a monthly Financial Status Report to the project officer and the contracting officer.
Also, whenever the report references the acquisition of, or changes in status of property valued at the time of purchase at $50,000 or more, send a copy of the report to the Chief, Property Management Branch, Division of Facilities and Property Management, Office of Administration.
The report is due within 15 calendar days after the end of the report period and shall identify the title of the project, the contract number, job code, project manager and/or principal investigator, the contract period of performance, and the period covered by the report.
Each report shall include the following for each discrete task:
(a) Total estimated contract amount.
(b) Total funds obligated to date.
(c) Total costs incurred this reporting period.
(d) Total costs incurred to date.
(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task,if it is a task ordering contract.
(f) Balance of obligations remaining.
(g) Balance of funds required to complete contract.
(h) Contractor Spending Plan (CSP) status:
(1) Projected percentage of completion cumulative through the report period for the project / task order as reflected in the current CSP.
(2) Indicate if there has been a significant change in the original CSP projection in either dollars or percentage of completion.
Identify the change, the reasons for the change, whether there is any projected overrun, and when additional funds would be required.
If there have been no changes to the original NRC-approved CSP projections, a
written statement to that effect is sufficient in lieu of submitting a detailed response to item h.
(3) A revised CSP is required with the Financial Status Report Page 12 of 37
NRC-04-97-036 Section F F.4 (Continued) whenever the contractor cr the contracting officer has reason to believe that the total cost for performance of this contract will be either greater or substantially less than what had been previously estimated.
(i) Property Status:
(1) List property acquired for the project during the month with an acquisition cost of $500 or more and less than
$50,000.
Give the item number for the specific piece of equipment.
(2) List property acquired for the project during the month j
with an acquisition cost of $50,000 or more.
Provide the following information for each item of property: item description or nomenclature, manufacturer, model number, serial number, acquisition cost, and receipt date.
If no property was acquired during the month, include a statement to that effect.
Note:
The same information shall be provided for any component or peripheral equipment which is part of a " system or system unit."
(3) For multi-year projects, in the September monthly financial status report provide a cumulative listing of property with an acquisition cost of $50,000 or more (S5,000 or more if purchased prior to October 1, 199E) showing the above information.
(4) In the final monthly status report provide a closecut property report containing thw same elements as described above for the monthly financial status reports, for all property purchas ed with NRC funds regardless of value unless title has been vested in the contractor.
If no property was acquired under the contract, provide a statement to that effect.
The contractor shall note any property requiring special handling for security, health, safety, or other reasons as part of the report.
(j) Travel status:
List the starting and end dates for each trip, the starting point and destination, and the traveler (s) for eaci' trip.
If the data in this report indicates a need for additional funding beyond that already obligated, this information may only be used as support to the official request for funding required in accordance with the Limitation of Cost (LOC) Clause (FAR 52.232-20) or the Limitation of Funds (LOF) Clause (FAR 52.232-22).
(End of Clause)
Page 13 of 37
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NRC-04-97-036 Section F F.5 PLACE OF DELIVERY--REPORTS (JUN 1988)
The items to be furnished hereunder shall be delivered, with all 4
charges paid by the Contractor, to:
(a) Project Officer (3 copies) 2 j
US Nuclear Regulatory Commission 1
Attn:
Michael L.
Marshall i
Division of Engineering Technology, MS T10-C9 l
Office of Nuclear Regulatory Research Washington, DC 20555-0001 i
l (b) Contracting Officer (1 copy) i (End of Clause]
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F.6 DURATION OF CONTRACT PERIOD (MAR 1987) j ALTERNATE 4 (JUN 1988) i The ordering period for this contract shall commence on 10/11/96 j
and will expire on 10/10/97.
Any orders issued during this period shall be completed within the time sp'ecified in the order, unless otherwise specified herein.
(See 52.216 Ordering.)
The term of this contract may be extended at the option of the Government j
for two additional 2-year option periods.
7
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[End of Clause]
F.7 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS (DPVs)
The Nuclear Regulation Commission's (NRC) policy is to support the contractor's expression of professional health and safety related concerns associated with the contractor's work for NRC i
2 that (1) may differ from a prevailing NRC staff view, (2) disagree with an NRC decision or policy position, or (3) take issue with proposed or established agency practices.
An occasion may arise 4
when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious expression of a competent judgement is required to document such concerns on matters directly associated with its performance of the contract.
The procedure that will be used provides for the expressica and resolution of differing professional views (DPVs) of health and safety related concerns associated with the mission of the agency by NRC contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of the contract, may be found in Section J of the solicitation.
The contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees.
NOTE:
The prime contractor or subcontractor Page 14 of 37 j
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NRC-04-97-036 Section F j
F.7 (Continued) shall submit all DPV's received by need not endorse them.
i F.8 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS (DPVs)
The Nuclear Regulatory Commission's (NRC) policy is to support the contractor's expression of professional health and safety related concerns associated with the contractor's work for NRC that (1) may differ from a prevailing NRC staff view, (2) disagree with an NRC decision or polic ' position, or (3) take issue with proposed or established agency practices.
An occasicn may arise when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a-conscientious expression of a competent judgement is required to document such concerns on matters directly associated with its performance of the contract.
The procedure that will be used provides for the expression and resolution of differing professional views (DPVs) of health and safety related concerns associated with the mission of the agency by NRC contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of the contract, j
may be found in Section J, as Attachment 5.
The contractor shall j
provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees.
NOTE:
The prime contractor or subcontractor shall submit all DPV's received but need not endorse them.
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NRC-04-97-036 Section G SECTION G - CONTRACT ADMINISTRATIOi? DATA G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY (JAN 1993)
(a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:
Name:
Michael L.
Marshall Address: US Nuclear Regulatory Commission Division of Engineering Technology, MS T10-C9 Office of Nuclear Regulatory Research Washington, DC 20555-0001 Telephone Number: (301) 415-5895 i
(b) Performance of the work under this contract is subject to the i
technical direction of the NRC project officer.
The term technical direction is defined to include the following:
(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, fills in details, or otherwise serves to accomplish the contractual statement of work.
(2) Provide advice and guidance to the contractor in the i
preparation of drawings, specifications, or technical portions of tue work description.
(3) Review and, where required by the contract, approval of technical drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.
i (c) Technical direction must be within the general statement of work stated in the contract.
The project officer does not j
have the authority to and may not issue any technical direction which:
i (1) Constitutes an assignment of work outside the general acope of the contract.
j i
l (2) Constitutes a change as defined in the " Changes" clause
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of this contract.
(3) In any way causes an increase or decrease in the total Page 16 of 37
1 NRC-04-97-036 Section G G.1 (Continued) estimated contract cost, the fixed fee, if any, or the time required for contract performance.
(4) Changes any of the expressed terms, conditions, or specifications of the contract.
(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever (d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance, A
copy of the written direction must be furnished to the contracting officer.
(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the project officer in the manner prescribed by this clause and within the project officer's authority under the provisions of this clause.
(f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one of-the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly.
Upon i
receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the " Changes" clause.
(g) Any unauthorized commitment or direction issued by the project officer may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.
(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect there to is subject to FAR 52.233 Disputes.
(i) In addition to providing technical direction as defined in paragraph (b) of the section, the project officer shall:
(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recommend to the contracting officer changes in requirements.
Page 17 of 37
NRC-04-97-036 Section G t
G.1 (Continued) 2 (2) Assist the contractor in the resolution of technical problems encountered during performance.
(3) Review all costs requested for reimbt rsement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
[End of Clause]
G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT
- ALTERNATE 1 (JAN 1993)
(a) The contractor is encouraged to use Government contract airlines, AMTRAK rail services, and discount hotel / motel properties in order to reduce the cost of travel under this contract.
The contracting officer shall, upon request, provide each traveler with a letter of identification which is required in order to participate in this program.
The Federal Travel Directory (FTD) identified carriers, contract fares, schedules, payment conditions, and hotel / motel properties which offer their services and rates to Government contractor personnel traveling on official business under this contract.
The FTD, which is issued monthly, may be purchased from the U.S.
Government Printing Office, Washington, DC 20402.
(b) The contractor will be reimbursed for reasonable travel costs incurred directly and specifically in the performance of this contract.
The cost limitations for travel costs are determined in accordance with the specific travel regulations cited in FAR 31.205-46, as are in effect on the date of the trip.
Travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub.
L.
100-679, shall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded.
Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.
(c) When the Government changes the Federal Travel Regulations, or other applicable regulations, it is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations of Cost clause of this contract if the contractor will be unable to make all of the approved trips and remain within the cost and fee limitations of this contract due to the changes.
Page 18 of 37
yac n4..o,-036 sert. - _
G.2 (Continued) tend of Clause)
G3 NRCAR 2052.216-71 INDIRECT COST RATES (JAN 1993)
(a) Pending the establishment of final indirect rates which must be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs as follows:
(b) The contracting officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any revisions propcted by the contractor.
It is the contractor's responsibility to notify the contracting officer in accordance with FAR 52.232-20, Limitation of Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if these changes affect performance of work within the established cost or funding limitations.
[End of Clause]
G.4 NRCAR 2052.116-74 TASK ORDER PROCEDURES (JAN 1993)
(a) Task order request for proposal.
When a requirement within the scope of work for this contract is identified, the contracting officer shall transmit to the contractor a Task Order Request for Proposal (TORP) which includes the
-following, as appropriate:
(1) Scope of wov-/ meetings / travel and deliverables; l
(2) Reporting requirements; l
(3) Period of performance - place of performance; (4) Applicable special provisions; (5) Technical skills required; and (6) Estimated level of effort.
(b) Task order proposal. By the date specified in the TORP, the i
Page 19 of 37
3 i
NRC-04-97-036 Section G G.4 (Continued) contractor shall deliver to the contracting officer a written proposal that provides the following technical and cost information, as appropriate:
(1) Technical proposal content; (i) A discussion of the scope of work requirements to substantiate the contractor's understanding of the requirements of the task order and the contractor's proposed method of approach to meet the objective of the order.
(ii) Resumes for professional personnel proposed to be utilized in the performance of any resulting task order.
Include educational background, specific pertinent work experience, and a list of any pertinent publications authored by the individual.
(iii) Identification of administrative support personnel and/or facilities that are needed to assist the professional personnel in completing work on the task order.
(iv) Identification of " Key Personnel" and the number of staff hours that will be committed to completion of work on the task order.
(2) Cost proposal.
The. contractor's cost proposal for each task order must be prepared using Standard Form 1411, Contract Pricing 3roposal cover sheet.
A copy of the j
form and instructions are attached to this contract. Each task order cost proposal must be fully supported by cost and pricing data adequate to establish the reasonableness of the proposed amounts.
When the contractor's estimated cost for the proposed task order exceeds $100,000 and the period of performance exceeds six months, the contractor may be required to submit a Contractor Spending Plan (CSP) as part of its cost proposal.
The TORP indicates if a CSP is required.
(c) Task order award.
The contractor shall perform all work described in definitized task orders issued by the contracting officer.
Definitized task orders include the following:
(1) Statement of work / meetings / travel and deliverables; (2) Reporting requirements; (3) Period of performance; l
l Page 20 of 37 i
NRC-04-97-036 Section G G.4 (Continued)
(4) Key personnel; (5) Applicable special provisions; and (6) Total task order amount including any fixed fee.
[End of Clause]
G.5 NRCAR 2052.216-75 ACCELERATED TASK ORDER PROCEDURES (JAN 1993) l (a) The NRC may require the contractor to commence work before receipt of a definitized task order from the contracting officer.
Accordingly, when the contracting officer verbally authorizes the work, the contractor shall proceed with performance of the task order subject to the monetary limitation established for the task order by the contracting officer.
(b) When this accelerated procedure is employed by the NRC, the contractor agrees to begin promptly negotiating with the contracting officer the terms of the definitive task order and agrees to submit a cost proposal with supporting cost or pricing data.
If agreement on a definitized task order is not reached by the target date mutually agreed upon by the contractor and centracting officer, the contracting officer may determine a reasonable price and/or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subject to contractor appeal as provided in 52.233-1, Disputes.
In any event, the contractor shall proceed with completion of the task order, subject only to the monetary limitation established by the contracting officer and the terms and conditions of the basic contract.
(End of Clause)
G.6 USE OF AUTOMATED CLEARING HOUSE (ACH)
ELECTRONIC PAYMENT It is the policy of the U.S.
Nuclear Regulatory Commission to 1
pay Government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system in lieu of a U.S.
Treasury check.
The electronic system is known as Vendor Express.
Payment shall be made in accordance with FAR 52.232-28, entitled
" Electronic Funds Transfer Payment Methods."
To receive payment by Vendor Express, the contractor shall complete the " Company Information" portion of Form SF 3881, entitled " Payment Information Form - ACH Vendor Payment System" found in Section J.
The contractor shall take the form to the ACH Coordinator at the financial institution that maintains its Page 21 of 37
\\
\\
NRC-04-97-036 Section G G.6 (Continued) company's bank account.
The contractor shall discuss with the ACH Coordinator how the payment identification information (addendum record) will be passed to them once the payment is received by the financial institution.
The contractor must ensure that the addendum record will not be stripped from the payment.
The ACli Coordinator will fill out the " Financial Institution Information" portion of the form and return it to the office of the Controller at the following add ess:
Nuclear Regulatory Commission, ATTN:
i ACH/ Vendor Express,.ivision of Accounting and Finance, Mailstop j
T-9-E-2, Washington, DC 20555.
Once the Office of the Controller 1
has processed the contractor's sign-up form, the contractor will begin to receive payments electronically via Vendor Express /ACH.
If the offerors / bidders have questions concerning ACH/ Vendor Express, they may call the Commercial Payments staff on (301) 415-7520.
[End of Clause]
f Page 22 of 37
_-= _ - _.
NRC-04-97-036 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993)
(a) Purnose. The primary purpose or this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scoce. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.
(c) Work for others.
(1) Notwithstanding any other provision of this contract, j
during the term of this contract the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract.
The contractor shall ensure that all employees under this contract abide by the provision of this clause.
If the contractor has reascn to believe with respect to itself or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such c'ontractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the audit, inspection or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate), except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.
Page 23 of 37
i l
NRC-04-97-036 Section H i
H.1 (Continued)
(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the i
contractor shall neither solicit nor per',;m work in the same or similar technical area for that licensee or l
applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract)
(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.
(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting I
officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.
(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract if termination is in the best interest of the government.
(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad Page 24 of 37
NRC-04-97-036 Section H H.1 (Continued) spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site.
This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer.
The disclosure must include tne statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity.
NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c) (2), (c) (3) or (c) (4 ) of this section.
(e) Access to and use of information.
(1) If in the performance of this contract, the contractor l
obtains access to information, such as NRC plans, policies, reports, studies, 'inancial plans, internal l
l data protected by the Privac y Act of 1974 (5 U.S.C.
Section 552a (1988)), or tha Freedom of Information Act (5 U.S.C.
Section 552 (19 8'. ) ), the contractor agrees not to:
(i) Use this information for any private purpose until the information has been teleased to the public; l
(ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the c
release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the Page 25 of 37 l
NRC-04-97-036 Section H H.1 (Continued) 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 (5 U.S.C.
Section 552a (1988)), or the Freedom of Information Act (5 U.S.C.
Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.
(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts.
Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.
(g) Remedies.
For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that i
necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Waiver.
A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.
(i) Follow-on effort.
The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical l
consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.
(1) If the contractor, under this contract, prepares a complete or essentially complete statement of work or Page 26 of 37 l
NRC-04-97-036 Section H H.1 (Continued) specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications.
The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.
(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.
-[End of Clause]
H.2 NRCAR 2052.210-71 DRAWINGS, DESIGNS, SPECIFICATIONS, AND OTHER DATA (JAN 1993)
All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, other data and memoranda of every description relating thereto, as well as all copies of tne foregoing relating to the work or any part thereto, are subject to inspection by the Commission at all reasonable times.
Inspection of the proper facilities must be afforded the Commission by the contractor and its subcontractors.
These data are the 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 must, subject to the right of the contractor to retain a copy of the material for its own use, be delivered to the Government, or otherwise disposed of by the contractor as the contracting officer may direct during the progress of the work or upon completion or termination of this contract.
The contractor's right of retention and use is subject to the security., patent, and use of information provisions, if any, of this contract.
[End of Clause]
H.3
.NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work hereunder:
i Page 27 of 37 1
NRC-04-97-036 Section b H.3 (Continued)
The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work j
than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting j
officer, promptly replace the personnel with personnel of at i
least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions.
The request must also contain a complete resume for the proposed substitute and other information requested et needed by the contracting officer to evaluate the proposed substitution.
The J
contracting officer or his/her authorized representative shall evaluate the request and promptly notify the contractor of his or her approval or disapproval in writing.
(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or 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 terminated by the contracting officer for default or for the convenience of the Government, as appropriate.
If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or 4
damage.
1
[End of Clause]
H.4 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)
The Government will not provide any equipment / property under this contract.
[End of Clause]
Page 28 of 37 i
NRC-04-97-036 Section I PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available.
I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES j
NUMBER TITLE DATE 52.202-1 DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR JUL 1995 SALES TO THE GOVERNMENT 52.203-10 PRICE OR FEE ADJUSTMENT FOR SEP 1990 ILLEGAL OR IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO JAN 1990 INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTING / COPYING DOUBLE-SIDED JUN 1996 ON RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S JUL 1995 INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION AUG 1996 52.215-22 PRICE REDUCTION FOR DEFECTIVE OCT 1995 COST OR PRICING DATA 52.215-24 SUBCONTRACTOR COST OR OCT 1995 PRICING DATA 52.215-27 TERMINATION OF DEFINED BENEFIT MAR 1996 PENSION PLANS 52.215-33 ORDER OF PRECEDENCE JAN 1986 52.215-39 REVERSION OR ADJUSTMENT OF PLANS MAR 1996 FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) l 52.215-40 NOTIFICATION OF OWNERSHIP CHANGES FEB 1995 l
52.216-7 ALLOWABLE COST AND PAYMENT AUG 1996
~
l 52.216-8 FIXED FEE APR 1984 52.219-8 UTILIZATION OF SMALL, SMALL OCT 1995 DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS CONCERNS 52.219-14 LIMITATIONS ON SUBCONTRACTING JAN 1991 52.222-3 CONVICT LABOR AUG 1996 Page 29 of 37 i
. ~.
NRC-04-97-036 Section I I.1 (Continued) 4 NUMBER TITLE DATE 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-28 EQUAL OPPORTUNITY PREAWARD APR 1984
~
CLEARANCE OF SUBCONTRACTS 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL APR 1984 DISABLED AND VlETNAM j
ERA VETERANS 52.222-36 AFFIRMATIVE ACTION FOR APR 1984
)
j HANDICAPPED WORKERS b
52.222-37 EMPLOYMENT REPORTS ON SPECIAL JAN 1988 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 52.223-2 CLEAN AIR AND WATER APR 1984 52.223-6 DRUG-FREE WORKPLACE JUL 1990 52.223-14 TOXIC CHEMICAL RELEASING REPORTING OCT 1995 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN MAY 1992 PURCHASES l
52.227-1 AUTHORIZATION AND CONSENT JUL 1995
]
52.227-2 NOTICE AND ASSISTANCE REGARDING AUG 1996 PATENT AND COPYRIGHT INFRINGEMENT 52.228-7 INSURANCE - LIABILITY TO THIRD MAR 1996 PERSONS 52.232-17 INTEREST JUN 1996 52.232-22 LIMITATION OF FUNDS APR 1984
)
1 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 j
52.232-25 PROMPT PAYMENT MAR 1994 52.232-28 E'ECTRONIC FUNDS TRANSFER APR 1989
)
PAYMENT METHODS 52.233-1 DISPUTES OCT 1995 52.233-3 PROTEST AFTER AWARD OCT 1995 Alternate I (JUN 1985) i 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 l
52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995 52.242-13 BANKRUPTCY JUL 1995 52.243-2 CHANGES - COST-REIMBURSEMENT AUG 1987 l
Alternate I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT MAR 1996 AND LETTER CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING JANUARY 1996 52.246-25 LIMITATION OF LIABILITY - SERVICES APR 1984 52.249-6 TERMINATION (COST-REIMBURSEMENT)
SEP 1996 l
52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 1
[End of Clause]
j i
Page 30 of 37
NRC-04-97-036 Section !
I.1 (Continued) l NUMBER TITLE DATE I.3 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION (SEP 1995)
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set forth in paragraph (c) of this clause when requested by the Contracting Officer in connection with the execution of any modification of this contract.
(c) Certification.
As required in paragraph (b) of this clause, the officer or employee responsible for the modification proposal shall execute the following certification.
The certification in paragraph (c) (2) of this clause is not required for a modification which procures commercial items.
CERTIFICATE OF PROCUREMENT INTEGRITY--
MODIFICATICN (NOV 1990)
(1)
I,
[Name of certifier) am the officer or employee responsible for the preparation of this modificatien proposal and hereby certify that, to the best of my knowledge and belief, with the exception of any j
information described in this certification, I have no information concerning a violation or possible violation of subsection 27(a),
(b), (d), or (f) of the Office of Federal Procurement Policy Act, as amended * (41 U. S. C. 423),
j (hereinafter referred to as "the Act"), as implemented in the FAR, occurring during the conduct of this procurement (contract and modification number).
1 (2)
As required by subsection 27 (e) (1) (B) of the Act, I further certify that to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of [Name of Offeror]
who has l
participated personally and substantially in the preparation or submission of this proposal has certified that he or she is familiar with, and will comply with, the requirements of subsection 27(a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of subsections 27(a), (b),
j (d), or (f) of the Act, as implemented in the FAR, pertaining to this procurement.
j (3)
Violations or possible violations:
(Continue on plain Page 31 of 37 1
l
i NRC-04-97-036 Section '.
Z.2 (Continued) bond paper if necessary and label Certificate of Procurement Integrity--Modification (Continuation Sheet), ENTER NONE IF NONE EXISTS) i J
3 l
4
[ Signature of the officer or employee responsible for the I
modification proposal and date]
j (Typed name of the officer or employee responsible for the modification proposal]
Subsections 27(a),
(b), and (d) are effective on December 1,
1990. Subsection 27(f) is effective on June 1,
1991.
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(d) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing Contractor responsible for the offer or bid, may rely upon a one-time certification from each individual required to submit a certification to the competing Contractor, supplemented by periodic training.
These certifications shall be obtained at i
the earliest possible date after an individual required to certify begins employment or association with the contractor.
If a contractor decides to rely on a certification executed prior to the suspension of section 27 (i.e.,
prior to December 1,
1989), the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated.
These certifications shall be maintained by the Contractor for a period of 6 years from the date a certifying employee's employment with the company ends or, for an agency, j
representative, or consultant, 6 years from the date such individual ceases to act on behalf of the contractor.
1 (e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed in executing this modification.
Page 32 of 37
4 NRC-04-97-036 Section I i
I.2 (Continued)
[End of Clause]
i I.3 52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.
l Such orders may be issued from effective date of the contract through expiration date of the contract.
i (b) All delivery orders or task orders are subject to the terms and conditions of this contract.
In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered
" issued" when the Government deposits the order in the mail.
Orders may be issued orally, by facsimile, or by electronic
(
commerce methods only if authorized in the Schedule.
J i
[End of Clause]
1 I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than j
N/A, the Government is not obligated to purchase, nor is the j
Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of N/A; (2) Any order'for a combination of items in excess of N/A; or (3) A series of orders from the same ordering office within i
N/A days that together call for quantities exceeding the i
limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e.,
includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required 1
to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above, f
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within N/A days after issuance, with Page 33 of 37 1
1
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NRC-04-97-036 Section I I.4 (Continued) written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving 4
this notice, the Government may acquire the supplies or services from another source.
[End of Clause]
I.5 52.216-21 REQUIREMENTS (OCT 1995)
(a) This is a requirements contract for the supplies or services l
specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this i
contract.
Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as " estimated" or " maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
I (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
Subject to any limitations in the Order L' imitations clause or elsewhere in this contract, the contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering clause.
The Government may issue orders S
requiring delivery to multiple destinations or performance at multiple 1e ations.
3 (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services
?
specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.
The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent Page 34 of 37
i NRC-04-97-036 Section I I.5 (Continued) as if the order were completed during the contract's effective period; provided, that the contractor shall not be required te make any deliveries under this contract after one year from the date of the expiration of the contracL.
[End of Clause) i F
I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided, that the Government shall give the Contractor a preliminary written l
notice of its intent to extend at least 60 days before the j
contract expires.
The preliminary notice does not commit the Government to an extension.
l 1
(b) If the Government exercises this cption, the extended contract shall be considered to include this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
[End of Clause]
j I.7 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) 4 (a) The use of overtime is authorized under this contract if the 1
overtime premium cost does not exceed $0.00 or the overtime premium is paid for work--
(1) Necessary to cope with emergencies such as those l
resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect-labor employees such as those performing duties _' connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; (3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or (4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the Page 35 of 37
m
_... _. _ _ ~ -
I NRC-04-97-036 Section I I.7 (Continued) amount specified above shall include all estimated overtime for contract completion and shall--
(1) Identify the work unit; e.g.,
department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime; (2) Demonstrate the effect that denial of the request will have on the contract delivery or p erformance schedule; (3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and (4) Provide reasons why the required work cannot be performed i
by using multishift operations or by employing additional personnel.
[End of Clause]
1 1
Page 36 of 37 l
NRC-04-97-036 Section J VART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS J.1 ATTACHMENTS (MAR 1987)
Attachment Number Title 01 Billing Instructions 02 NRC Contractor Organizational Conflicts of Interest 03 NRC Handbook 3.8 04 Contractor Spending Plan (CSP)
Instructions 05 ACH Vendor Payment Information Form Standard Form SF 3881 06 Procedures for Resolving NRC Contractor Differing Professional Views Page 37 of 37