ML20129G238
| ML20129G238 | |
| Person / Time | |
|---|---|
| Issue date: | 09/30/1996 |
| From: | Lucks A, Mace M NRC OFFICE OF ADMINISTRATION (ADM), STONE & WEBSTER ENGINEERING CORP. |
| To: | |
| References | |
| CON-FIN-J-2497, CON-NRC-03-96-027, CON-NRC-3-96-27 NUDOCS 9610070138 | |
| Download: ML20129G238 (41) | |
Text
. OSGM AWARD / CONTRACT Page 1 of 2
- 1. THIS CONTRACT IS ., RATED ORDER UNDER DPAS (15 CFR 700) RATING
- 2. CONTRACT NO. 3. EFFECTIVE DATE 4. REQUIS: TION / PROJECT NO.
NRC-03-96-027 10/1/96 N/A
- 5. ISSUED BY Code: 6. ADMINISTERED BY Code:
(If other than Item 5)
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission T-7-I-2 Division of Contracts. T-7I2 Mail Stop:
Technical Acquisition Br. #1 Technical Acquisition Br. #1 Division of Contracts Washington, DC 20555 Washington, DC 20555
- 7. NAME AND ADDRESS OF CONTRACTOR 8. DELIVERY Stone and Webster Engineering Corp. [] F0B ORIGIN 245 Summer Street [X] OTHER (See below)
Boston, MA 02107-2325
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- 9. DISCOUNT FOR PROMPT PAYMENT Principal Investigator / Technical N/A
Contact:
Steven L. Stamm Telephone No: 617/589-7499 10.5UBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6
- 11. SHIP T0/ MARK FOR CODE 12. PAYMENT WILL BE MADF BY CODE See Section F.5 U.S. Nuclear Regulatory Commission Division of Acccounting & Finance Commercial Payments Section: T-9E2 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 B&R No. 620151110 Job Code: J2497 BOC: 252A APPN: 31X0200.620 FFS: NRR96027 Obligate: $125,000.00 15A. ITEM 15B.5UPPLIE5/ 15C. QUANTITY 15D. UNIT 15E. UNIT 15F. AMOUNT NO. SERVICES PRICE The contractor shall provide the services specified in Section C of this contract in accordance with the terms and conditions herein.
15G. TOTAL AMOUNT OF CONTRACT $2,289,661.00 EXCEPTION TO STANDARD FORM SF26 (REV.*4-85) Prescribed by GSA FAR(48 CFR) 53.214(a)
V 070003
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9610070138 960930
I AWARD / CONTRACT Page 2 of 2 Pages l l
- 16. TA3LE OF CONTENTS ;
X SEC DESCRIPTION PAGE(S)- i PART I - THE SCHEDULE :
A SOLICITATIC' IRACT FORM i B SUPPLIES OF 'TS AND PRICES / COSTS '
C DESCRIPTIC* ' CATIONS / WORK STATEMENT ;
D. PACKAGING s 1G i E INSPECTION Atm naLPTANCE !
F DELIVERIES OR PERFORMANCE ,
G CONTRACT ADMINISTRATION DATA :
H SPECIAL CONTRACT REQUIREMENTS i PART II - CONTRACT CLAUSES I CONTRACT. CLAUSES PART III - LIST OF DOCUMENTS. EXHIBITS AND OTHER ATTACHMENTS I J LIST OF ATTACHMENTS l PART IV - REPRESENTATIONS AND INSTRUCTIONS I K REPRESENTATIONS. CERTIFICATIONS AND OTHER STATEMENTS OF OFFER 0RS 1 L INSTRUCTIONS, CONDITIONS, AND NOTICES TO 0FFER0RS I M. EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLtit ITEM 17 08 18 AS APPLICABLE
- 17. [X] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign ,
this document and return 3 copies to issuing office.) Contractor agrees to !
furnish and deliver all items or perform all the services set forth or j otherwise identified above and on any continuation sheets for the i consideration stated herein. The rights and obligations of the parties to i this' contract shall be subject to and governed by the following documents: (a) ]
this award / contract (b) the solicitation, if any-, and (c) such prcvisions, !
representations, certifications, and specifications, as are attached or '
- incorporated by reference herein (Attachments are listed herein.)
- 18. [ ] AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number , including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any cantinuation sheets. This award
- consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer. and (b) this award / contract. No further contractual document is necessary.
19A. NAME AND TITLE OF SIGNER 20A. NAME OF CONTRACTING OFFICER (Type or. print) k bGfAlldY (v%3 ) ,
[ NM (SignatW e of person authorized to sign) h(y ""NdNMb-Signature of Contracting Officer) 19C. DATE SIGNED 20C. D I NED EXCEPTION TO STANDARD FORM 26 (REV.4-85)
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TABLE OF CONTENTS PAGE AWARD / CONTRACT
! PART I - THE SCHEDULE . . ..... ... . . . . 4 l
l SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS . . . 4 B.1- PROJECT TITLE . . .......... . . . . . . 4 l B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) . . . . . . . . 4 l
B.3 CONSIDERATION AND OBLIGATION--COST PLUS F:XED FEE . 4 (JUN 1988) ALTERNATE I (JUN 1991)
SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT . . . 6 C.1 BACKGROUND . . . . . . . . . .. . . . 6 C.2 CONTRACT OBJECTIVES .. ... . . . . . 6 C.3 WORK REQUIREMENTS . . . . . . . . . . . 6 C.4 MEETINGS AND TRAVEL . . ..... . . . 8 C.5 OPTION YCARS ONE AND TWO . . . . . . . . . . . . 8 C.6 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 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 (MAR 1987) . . 10 SECTION F - DELIVERIES OR PERFORMANCE . . . . . . . . . . . . . . . 11 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 i F.4 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) . . . 12 l J
F.5 PLACE OF DELIVERY--REPORTS (JUN 1988) . . . . . 14 F.6 DURATION OF CONTRACT PERIOD (MAR 1987) . . . . . . . . 14 ALTERNATE 4 (JUN 1988)
F.7 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL 14 VIEWS (DPVs)
SECTION G - CONTRACT ADMINISTRATION DATA .......... . 16 G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY . . . 16 (JAN 1993)
G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT . . . 18
- ALTERNATE 1 (JAN 1993)
G.3 NRCAR 2052.216-71 INDIRECT COST RATES (JAN 1993) . . 19 G.4 USE OF AUTOMATED CLEARING HOUSE (ACH) . . . . 19 ELECTRONIC PAYMENT SECTION H - SPECIAL CONTRACT REQUIREMENTS . . . . . . . . . . . . . 21 H.1 2052.209-73 CONTRACTOR ORGANIZATIONAL. CONFLICTS OF INT 21 l (DEVIATION) l l H.2 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993) . . 24 i l I
TABLE OF CONTENTS PAGE H.3 NRCAR tv62.235-70 PUBLICATION OF RESEARCH RESULTS (JAN 25 ,
H.4 NRCAR 2052.235-72 SAFETY. HEALTH. AND FIRE . . 26 PROTECTION (JAN 1993)
H.5 MINIMUM INSURANCE COVERAGE . . . . . . . . . . . . . . 26 H.6 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED 27 (JUN 1988) i H.7 LICENSE FEE RECOVERY COSTS (APR 1992) ........ 27 H.8 CONTRACT SECURITY REQUIREMENTS FOR UNESCORTED ACCESS 27 TO NUCLEAR POWER PLANTS (FEB 1995)
H.9 NRCAR 2052.204-70 SECURITY (SEP 1993) .. ... 30 H.10 NRCAR 2052.204-71 SITE ACCESS BADGE ..... 33 '
REQUIREMENTS (JAN 1993)
PART II - CONTRACT CLAUSES .. . .. .. 34 SECi10N I - CONTRACT CLAUSES .. ................. 34 1.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 34 I.2 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT . 36 INTEGRITY--MODIFICATION (SEP 1995)
I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE . .. 38 CONTRACT (MAR 1989) 1.4 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) 38 PART III - LIST OF DOCUMENTS. EXHIBITS AND OTHER ATTACHMENTS ... 40 SECTION J - LIST OF ATTACHMENTS . . . .. ... 40 J.1 ATTACHMENTS (MAR 1987) . . ...... ... 40 i
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l NRC-03-96-027 Section B l PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS l
l B.1 PROJECT TITLE The title of this project is as follows:
Acquisition of Nuclear Architect-Engineer (AE) Technical Assistance for Design Inspections
[End of Clause]
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
The contractor shall provide a Pressurized Water Reactor (PWR) team of five design specialists to perform design inspections to assist the NRC in determining if operating nuclear power plants still meet their original design bases and ensure that plants have been maintained in compliance with their original design bases over their lifetime.
Desicq inspections will be scheduled on a 13-week cycle.
Consequently, this PWR team will be able to perform four design inspections per year.
[End of Clause] l l
B.3 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE (JUN 1988) ALTERNATE I (JUN 1991) l (a) The total estimated cost to the Government for full l performance of this contract is $2.289.661, of which the sum represents the estimated reimbursable costs, Mof represents the fixed fee, and of which M represents FCC.
(b) There shall be no adjustment in the amount of the Contractor's 1 I
fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost for performance of that work. 1 (c) The amount currently obligated by the Government with respect to this contract is $125.000, of which the sum of M represents the estimated reimbursable costs 6 represents the fixed fee, and of which'g represents FCC.
(d) It is estimated that the amount currently allotted will cover performance through November 12, 1996.
(e) The total estimated cost to the Government for full i Page 4 of 40
NRC-03-96-027 Section B B.3 (Continued) performance of 0) tion Year 1 under this contract is
$1.202.752, of W1ich the sum of M represent the reimbursable costs. Wrepresents fixed fee, and of which 6 represents FCC.
(f) The total estimated cost to the Government for full performance of Option Year 2 under this contract is 51.244.455, of which the sum of 6 represents the reimbursable costs.6 represents fixed fee, and of which 6 represents FCC. ,
[End of Clause]
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NRC-03-96-027 Section C SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT C.1 BACKGROUND Recent NRC inspections at nuclear power reactor facilities have identified numerous findings where the actual plant configuration or operations were inconsistent with the design basis, licensing basis or the UFSAR. Therefore, the NRC has decided to perforn design inspections at facilities. Sites to be inspected will be identified by the NRC Project Officer and issued to inspection teams as technical direction.
C.2 CONTRACT OBJECTIVES The objective of this procurement is to obtain a team of five design specialists who are experts in PWR systems to assist NRC in design inspections. The NRC inspections are intended to determine if operating nuclear power plants still meet their original design bases and ensure that plants have been maintained in compliance with their design and licensing bases over their lifetime. There will be an emphasis on plant design, consistency of the as-built configuration and plant operations with the UFSAR, and licensing basis commitments.
t C.3 WORK REQUIREMENTS The contractor's PWR design inspection team consisting of five individuals who are expert in the following disciplines:
mechanical systems, instrumentation and controls, and electrical (at least one in each discipline) are required to fulfill NRC's needs. One member of this team shall be at the middle management level. That individual shall be designated as the lead contractor engineer for the team, and shall be responsible for managing the other contractor employees, in addition to performing portions of the design inspection and writing the final report. The NRC Project Officer will provide technical direction as specified in Section G.1 of the contract entitled "NRC Project Officer Authority."
The design inspections shall be performed in accordance with Inspection Procedure (IP) 93801, Safety System Functional Inspection (Attachment 5 to the Request for Proposal). The URC Project Officer shall designate a minimum of two safety systen's per inspection for vertical slice review. The Engineering Design and Configuration Control section of the IP shall be the focus of the inspection. Other sections on Operations, Maintenance, and Surveillance and Testing will be addressed as they relate to the design and licensing bases, e.g., whether test accept'ance criteria are consistent with the licensing basis.
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NRC-03-96-027 Section C C.3 (Continued) s The contractor's PWR team shall prepare an inspection plan for each design inspection in accordance with IP 93801 and provide a copy of the plan to the NRC Technical Monitor assigned to accompany the Contractor for the onsite inspection.
The contractor's team is expected to be continuously involved in NRC design inspections over a two-year period. Individuals on each inspection team shall be kept together as a team for repetitive inspections. Alternate personnel shall be made available for situations such as vacations, conflicts of interest, or other matters requiring substitutions. All team members are specified as key personnel under the Key Personnel clause in Section H.2.
This PWR team shall conduct four design inspections annually over a two-year base period and two one-year options, if exercised by the Government. The inspections will be performed to the following schedule unless otherwise provided as technical direction by the NRC Project Officer:
Week 1: Site visit to identify documents Week 2: In office preparation Week 3: Site inspection Week 4: In office review Week 5: Site inspection Week 6: Site mspection Week 7: In office review I
Week 8: Site inspection and exit meeting Week 9 & 10: Report preparation by team members Week 11: Contractor team leader finalize report l Week 12: Respond to NRC comments, revise and submit the final report Week 13: Site inspection for corrective action followup (several months after Week 12)
At the conclusion of Week 12. the contractor shall submit the final inspection report to the NRC Project Officer. The schedule for Week 13 is dependent upon receipt of the licensee's response to the inspection report (up to three months after Week 12) and Page 7 of 40 l
NRC-03-96-027 Section C C.3 (Continued) availabil'.ty of the AE team that performed the inspection for corrective action followup. The contractor shall submit the report of the followup inspection one week after the conclusion of Week 13. Reports shall be prepared in accordance with NRC Inspection Manual Chapter 0610. " Inspection Reports." see Attachment 8). This manual chapter provides guidance on inspection report content, format and style.
C.4 MEETINGS AND TRAVEL The contractor's PWR team shall conduct four design inspections ,
annually over a two-year period. For each design inspection, team !
members will make five 5-day trips to the site, including one trip for a followup inspection on open items. The lead contractor engineer will make an additional 3-day trip to the site to identify documents needed for inspection preparation. As this inspection team will be continuously involved in NRC design inspections during the performance of this contract, no task orders or delivery orders will be issued. Instead, the PWR team will be informed of sites it is to inspect by the NRC Project Officer as technical direction. An NRC Project Officer will accompany each inspection team on all site visits.
C.5 OPTION YEARS ONE AND TWO The period of performance of this contract may be extended at the sole option of the Government for two additional one-year periods.
The effort required for the option periods is the same as that specified under Section C.3 " Work Requirements" and Section C.4
" Meetings and Travel ."
[End of Clause]
C.6 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 1993)
(a) All domestic travel requires the prior approval of the project officer.
(b) All foreign travel must be approved in advance by the NRC on NRC Form 445 and must be in compliance with FAR 52.247-63 Preference for U.S. Flag Air Carriers. Foreign travel approval must be conmunicated in writing through the contracting officer.
[End of Clause]
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NRC-03-96-027 Section D SECTION D - PACKAGING AND MARKING D.1 PACKAGING AND MARKING (MAR 1987)
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-03-96-027 Section E :
SECTION E - INSFECTION AND ACCEPTANCE l
E.1 52.252-2 CLAUSES INCORPORAlED 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 j available.
1 I. FEDERAL-ACQUISITION REGULATION (48 CFR CHAPTJR 1) CLAUSES l
NUMBER TITLE DATE 52.246-5 INSPECTION OF SERVICES APR 1984 l i
- COST-REIMBURSEMENT
[End of Clause]
E2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) i Inspection and acceptance of the deliverable items to be !
furnished hereunder shall be made by the Project Officer at the -
destination.
[End of Clause]
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NRC-03-96-027 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 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 NUMBER TITLE DATE ,
52.242-15 STOP-WORK ORDER AUG 1989 Alternate I (APR 1984)
[End of Clause]
F.2 NRCAR 2052.212-70 PREPARATION OF TECHNICAL REPORTS (JAN 1993)
All Technical Progress Reports required by Section F are to be prepared in accordance with the attached Management Directive 3.8.
" Unclassified Cont actor and Grantee Publications in the NUREG Series." Management Directive 3.8 is not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract. (See Section J for List of Attachments). All technical reports identified in Section C.3 are to be in accordance with Manual Chapter 0610. ;
[End of Clause]
F.3 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT 1
The contractor shall provide a monthly Technical Progress Report to the )roject officer and the contracting officer. The report is due witlin 15 calendar days after the end of the report Seriod and must identify the title of the project the contract num)er, job code number, project manager and/or principal investigator, the contract period of performance. and the period envered by the report. Each report must include the following for each discrete task / task order:
1 (a) A listing of the efforts completed during the period. and l 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 40 i
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NRC-03-96-027 Section.F 1
.F 3 (Continued) o i
- requh ements, level of effort (cost) or schedule delay. the l contractor shall submi' a separate letter to the contracting '
officer identifying the required change and estimated cost j impact. ,
- i (c) A' summary of progress to date.; and l (d) Plans for the next reporting period.
i [End of Clause] ,
F.4 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) l-The contractor shall provide a monthly Financial Status Report I i to the project officer and the contracting officer. Also. l whenever the report reference the acquisition of, or changes in !
t -status of, property valued at the time of purchase at $50,000 or i more, send a copy of the report to the Chief. Property Management j
, Branch, Division of Facilities and Property Management . Office of
- Administration. The report is due within 15 calandar 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 Jeriod or performance, and
- the period covered by the report. Eac1 report must 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.
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(d) Total costs incurred to date.
i (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. j (g) Balance of funds required to complete contract / task order.
(h) Contractor Spending Plan (CSP) status:
(1) Projected percentage of completion cumulative through tne 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 Page 12 of 40 l
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NRC-03 96-027 Section F F.4 (Continued) change, whether the e is any projected overrun, and when additional funds would be required. If there hs e 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 whenever the contractor or 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 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 fiancial status report provide a cumulative listing of property with an acquisition cost of $50,000 or more
($5,000 or more if purchased prior to October 1, 1995) showing the above information.
(4) In the final monthly status report provide a closecut property report containing the same elements as described above for the monthly financial status reports, for all property purchased 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 effed The report should 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 each trip.
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NRC-03-96-027 Section F F.4 (Continued)
If the data in this report indicates a need for additional funding beyond that already obligated, this information may only be used as sup) ort to the official request for funding required in accordance wit 1 the Limitation of Cost (LOC) Clause (FAR 52.232-
- 20) or the Limitation of Funds (LOF) Clause (FAR 52.232-22).
, [End of Clause]
F.5 PLACE OF DELIVERY--REPORTS (JUN 1988)
The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
(a) Project Officer (3 copies)
U.S. Nuclear Regulatory Comission Office of Nuclear Reactor Regulation Mail Stop: 0-9-D-4 Washington, DC 20555 (b) Contracting Officer (1 copy)
[End of Clause]
F.6 DURATION OF CONTRACT PERIOD (MAR 1987)
ALTERNATE 4 (JUN 1988)
The period for this contract shall commence on the effective date of this contract and shall expire two years thereafter. The term of this contract may be extended at the option of the Government for two additional one-year periods.
[End of Clause]
F.7 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS (DPVs)
The Nuclear Regulation Commission's (NRC) 30licy is to support the contractor's expression of 3rofessional lealth and safety related concerns associated wit 1 the contractor's work for NRC 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 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 Page 14 of 40
NRC-03-96-027 Section F r
F.7 (Continued) ,
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 i subcentractors 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 need not endorse them. -
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NRC-03-96-027 Section G i SLCTION G - CONTRACT ADMINISTRATION DATA l
G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY j (JAN 1993) l l
(a) The contracting officer's authorized representative hereinafter referred to as the project officer for this j
. contract is: 1 Name: Donald Norkin (
i Address: U.S. Nuclear Regulatory Comission i Office of Nuclear Reactor Regulation l Mail Stop: 0-9-D-4 i Washington, DC 20555-I Telephone Number: 301/415-2954 ;
(b) Performance of the work under this contract is subject to the ;
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 preparation of drawings, specifications, or technical portions of the 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.
(c) Technical direction must be within the general statement of work stated in the contract. The pro act officer does not have the authority to and may not issue any technical direction which:
(1) Constitutes an assignment of work outside the general scope of the contract. ,
(2) Constitutes a change as defined in the " Changes" clause of this contraut.
(3) In any way causes an increase or decrease in the total Page 16 of 40
i NRC-03-96-027 Section G i
G.1 (Continued) !
estimated contract cost, the fixed fee, if any, .r the i time required for contract performance. l t
(4) Changes any of'the expressed terms, conditions, or ;
specifications of the contract. .;
(5) Terminates the contract, settles any claim or dispute I l
arising under the contract, or issues any unilateral l directive whatever.
l (d) All technical directions must be issued in writing by the l project officer or must be confirmed by the project officer in j writing within ten (10) working days after verbal issuance. A i copy of the written direction must be furnished to the contracting officer.
(e) The contractor shall proceed prom]tly with the performance of j technical directions duly issued )y the 3roject officer in the ;
manner prescribed by this clause and wit 1in the project l Officer's authority under the provisions of this clause. l
.I (f) If, in the opinion of the contractor, any instruction or l direction issued by the project Officer is within one of the ,
categories as defined in paragraSh (c) of this section,.the )
contractor may not proceed but slall notify the contracting i officer in writing within five (5) working days after the !
receipt of any-instruction or direction and shall request the l contracting officer to modify the contract accordingly. Upon .
receiving the notification from the contractor, the .l contracting officer shall issue an appropriate contract i modification or advise the contractor in writing that, in the I contracting officer's opinion, the technical direction is within the sco)e of this article and does not constitute a change under tie " 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.
(1) 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.
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NRC-03-96-027 Section G G.1 (Continued) i (2) Assist the contractor in the resolution of technical problems encountered during performance. ,
(3) Review all costs requested for reimbursement 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 I (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 pr w am. The Federal Travel Directory (FTD) identifies 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 l 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 i with the Limitations of Cost clause of this contract if the I 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.
(End of Clause)
Page 18 of 40
NRC-03-96-027 Section G G.3 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:
Engineering Labor Overhead Support Staff Overhead General and Administrative Payroll Taxes (b) The contracting officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any revisions proposed by the contractor. It is the contractor's responsibility to notify the contracting officer in 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 USE OF AUTOMATED CLEARING HOUSE (ACH)
ELECTRONIC PAYMENT It is the policy of the U.S. Nuclear Regulatory Commission to 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" i found in Section J. The contractor shall take the form to the ACH :
Coordinator at the financial institution that maintains its company's bank account. The contractor shall discuss with the ACH l Coordinator how the payment identification information (addendum i record) will be passed to them once the payment is received by the l financial institution. The contractor must ensure that the l addendum record will not be stripped from the payment. The ACH Coordinator will fill out the " Financial Institution Information" portion of the form and return it to the Office of the Controller et the following address: Nuclear Regulatory Commission ATTN:
ACH/ Vendor Express, Division of Accounting and Finance, Mailstop Page 19 of 40 l
9 s
NRC-03-96-027 Section G G.4 (Continued)
T-9-E-2, '..'ashington, DC 20555. Once the Office of the Controller has procc3 sed 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 Ex ress, they may call the Commercial Payments staff on (301) 41 -7520.
[End of Clause]
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i Page 20 of 40
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NRC-03-96-027 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (DEVIATION)
(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor: !
(1) Is not placed in a conflicting role because of current or planned interests contractual, organizational or otherwise which relate to the work under this contract; and I
(2) Does not obtain an unfair competitive ativantage over other parties by virtue of its performance of this contract.
(b) Scope. 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. :
i (c) Work for others. ;
(1) Conflicting Commercial Work '
(a) Notwithstanding any other provision of this contract. .
during the term of this contract and for two one-year
. option periods thereafter the contractor agrees to forgo entering into consulting or other contractual i arrangements with any firm or organization to perform work at a nuclear power plant licensee site (1) which results from an inspection which the contractor conducts at that site under this contract, to include t i
all corrective action or other work which the NRC directs the licensee to perform as a result of such !
inspection or (2) which results from an inspection which the contractor conducts at another site owned by the same licensee that discloses common problems at one or more sites owned by that licensee. The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe with respect to .
itself or any employee that any proposed consultant or !
other contractual arrangement with any firm or !
organization may involve a potential conflict of I interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement. !
l (b) The contractor may not represent, assist, or otherwise ;
support an NRC nuclear power plant licensee undergoing j Page 21 of 40
+
NRC-03-96-027 Section H H.1 (Continued) l an NRC audit, inspection, or review where such activity results from an inspection which the ;
contractor conducts at that site under this contract, i except where the NRC licensee requires the i
. contractor's support to explain or defend the '
contractor's prior work at that site which the NBC ~ l questions. j (c) The contractor agrees that its employees.who are directly and substantially engaged in performing l inspections or other work under this contract will j refrain from activities which can reasonably be t interpreted as soliciting, marketing or advertising l the contractor's commercial services during the period !
while they are involved in inspection or other work for NRC under this contract. Further, the contractor agrees that it will not discuss this contract and the !
work that the contractor does under this contract when i soliciting. marketing or advertising its commercial !
services. ;
(2) Work Assignment Limitation !
The NRC Project Officer will inform the contractor of the :
NRC licensee and plant site selected for )lanned work i assignments at least 30 days prior to suc1 work i assignments; Where the contractor's disclosure under the second paragraph of Section K.18 indicates that the ,
contractor is performing significant current and '
continuing engineering services for that licensee or at that site, prior agreement of both the contractor's representative and the NRC Contracting Officer will be required before the NRC Project Officer ) laces a specific work assignment with the contractor in t11s circumstance. '
(d) Disclosure after award. !
(1) The contractor warrants that to the best of its knowledge and belief it has not engaged in the design or construction of any nuclear power plants licensed by the i NRC, or in any major redesign, renovation or reconstruction costing $10 million or more of such nuclear ,
power plants, except as disclosed in its proposal
~
submitted in connection with this contract.
(2) The contractor agrees that if, after award, it discovers that it has performed any work Mscribed in subparagraph (1) above not disclosed in i! "oposal, it shall make an inmediate and full disclosure in writing to the contracting officer.
l Page 22 of 40 l
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NRC-03-96-027 Section H l H.1 .(Continued)
(3) The contractor agrees that, during the period of !
performance of this contract, it will disclose all proposed new work for NRC nuclear power plant licensees ,
which comes within the scope of the underlying contract. l (4) The contractor agrees that it will disclose to NRC all I contracts or consulting work in excess of $25,000 which :
come within the scope of the underlying contract that were ;
performed at a particular licensee site during the ;
preceding five years whenever NRC requests the contractor l to make such a disclosure incident to NRC's proposed ;
assignment of new inspection work at that site to the contractor.
(5) The contractor agrees that it will provide to the NRC additional information on the nature of the work :
individual team members have performed at a particular I licensee site whenever NRC requests the contractor to make i such a disclosure incident to NRC's proposed assignment of new inspection work at that site to the contractor.
1 (e) Access to and use of information.
(1) If in the performance of this contract, the contractor obtains access to information, such as NRC plans. l policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C.
Section 552 (1986)), the contractor agrees not to:
(i) Use this information for any private purpose until the information has been released to the public:
(ii) Compete for work for the Commission based on the information for a period of six months after either
!- the completion of this contract or the release of the information to the public, whichever is first:
(iii) Submit an _ unsolicited proposal to the Government based on the information until one year after the release of the information to the public: or (iv) Release the information without prior written -
approval by the contracting officer unless the information has previously been released to the public by the NRC.
- (2) In addition, the contractor agrees that, to the extent it l' receives or is given access to proprietary data, data j protected by the Privacy Act of 1974 (5 U.S.C. section
! Page 23 of 40 i
b i
NRC-03-96-027 Section H H.1 (Continued) 5.32a (1988)), or the Freedom of Information Act, of 1974 G 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 3atent and security ]rovisions of this contract. t1e contractor shall lave the right to use technical data it produces under this contract for private
)urposes provided that all requirements of this contract -
lave 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 reserve the Government's rights. l (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 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.
(End of Clause)
H.2 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:
sfl \
P. J. Bienik R. Bradbury C. Baron) gig D. Schuler R. Gerson 7 The contractor agrees that personnel may not be removed from ;
the contract work or replaced without compliance with l 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 Page 24 of 40
NRC-03-96-027 Section H :
H.2 (Continued) this contract for a continuous period exceeding 30 wc ck days.
or is expected to devote substantially less effort to the work ,
than indicated in the prcoosal or initially anticipated, the contractor shall imediately notify the contracting officer '
and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed explanat;on of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the pro]osed substitute and 1 other information requested or needed by t1e contracting '
i officer to byaluate the pro]osed substitution. The ;
contracting officer or his/ler 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. l terminated, or have otherwise become unavailable for the l 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 I
by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer l finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to l compensate the Government for any resultant delay, loss, or damage.
l
[End of Clause]
H.3 NRCAR 2052.235-70 PUBLICATION OF RESEARCH RESULTS (JAN 1993)
(a) The principal investigator (s)/ contractor shall comply with the ,
provisions of NRC Handbook 3.8 (formerly MC 3202) and NRC Manual Chapter 3206 regarding publication in refereed i scientific and engineering journals or dissemination to the l public of any information, oral or written, concerning the work performed under this contract. Failure to comply with j
this clause shall be grounds for termination of this contract. I (b) The principal investigator (s)/ contractor may publish the results of this work in refereed scientific and engineering l journals or in open literature and present papers at public or
! association meetings at interim stages of work, in addition to l submitting to NRC the final reports and other deliverables required under this contract. However, such publicatic ; and papers shall focus on advances in science and technology and Page 25 of 40 l
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- 1. NRC-03-96-027 Section H L
f H.3' .(Continued)
! 1 miniinize conclusions and/or recommendations which may have regulatory implications. ,
(c) Prior to any such publication, the contractor shall submit the proposed publication to the NRC Contracting Officer and .
Project Officer for review and approval. !
[End of Clause] I H.4 NRCAR 2052.235-72 SAFETY, HEALTH. AND FIRE l' PROTECTION (JAN 1993) t The contractor shall take all reasonable precautions in the performance of the work under this contract to 3rotect the health :'
and safety of its employees and of members of t1e public, including NRC employees and contractor personnel, and to minimize danger from all hazards to life and property and shall comply with .
all applicable health, safety, and fire protection regulations and l requirements (including reporting requirements) of the Commission :
and the Department of Labor. In the event that the contractor :'
fails to comply with these regulations or requirements, the contracting officer may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work: thereafter, a start order for resumption of work may be. issued at the discretion of the contracting ;
officer. The contractor shall make no claim for an extension of time or for compensation or damages by reason of. or in connection I with, this type of work stoppage. l
[End of Clause] -)
i H.5 MINIMUM INSURANCE COVERAGE The Contractor shall obtain and maintain insurance coverage as i follows for the performance of this. contract: 1 (a) Worker's compensation and employer's liability insurance as l recuired by applicable federal and state worker's compensation anc occupational disease statutes. If occupational diseases i are not compensable under those statutes, they shall be -!
covered under the employer's liability section of the insurance policy, except when contract operations are so i comingled with the Contractor's commercial operations that it ]
would not be practical. The employer's liability coverage shall be at lease $100.000, except in States with exclusive or i monopolistic funds that do not permit workers' compensation to '
be written by private carriers. l (b) Comprehensive general ~ (bodily injury) liability insurance of l at least $500.000 per occurrence. .
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NRC-03-96-027 Section H H.5 (Continued) ;
(c) Motor vehicle liability insurance written on the comprehensive ;
form of policy which provides for bodily injury and pro)erty '
damage liability covering the operation of all motor velicles used in connection with performing the contract. Policies ;
covering motor vehicles operated in the United States shall :
provide coverage of at least $200.,000 3er person and $500.000 !
per occurrence for property damage. T1e amount of liability coverage on other policies shall be commensurate with any i legal requirements of the locality and sufficient to meet -
normal and customary claims. l (d) Comprehensive general and motor vehicle liability policies shall contain a provision worded as follows: i "The insurnace company waives any right of subrogation against i the United States of America which may arise by reason of any payment under the policy."
[End of Clause] ;
H.6 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)
The Government will not provide any equipment / property under this contract.
[End of Clause]
H.7 LICENSE FEE RECOVERY COSTS (APR 1992) ,
Included as an attachment in Section J are billing instructions for license fee recovery costs. This information must be submitted by the contractor in conjunction with the monthly 1 invoice. Please note that the work specified in this contract is 100% fee recoverable. All costs must be associated with a particular docket number.
[End of Clause]
H.8 CONTRACT SECURITY REQUIREMENTS FOR UNESCORTED ACCESS TO NUCLEAR POWER PLANTS (FEB 1995)
Performance under this contract may involve unescorted access to l J
protected and vital areas of nuclear power plants or access to unclassified Safeguards Information (SGI).
I Individual contractors requiring access to protected and vital areas of nuclear power plants or access to unclassified SGI will be approved for access in accordance with the following procedures:
Page 27 of 40
4 NRC-03-96-027 Section H
~H.8 (Continued) <
A. Temporary Approval (a) The contractor shall submit the following information to the NRC Division of Security (SEC) through the NRC Project Officer within thirty (30) calendar days following contract award, modification, or proposal of new personnel for contract tasks requiring unescorted access; a completed Personnel Security Forms Packet, including an SF-86, " Questionnaire for Sensitive Positions (For National Security);" copies of the contractor's five-year employment and education history checks, including verification of highest degree obtained; a ~ reference from at least'one additional person not provided by the individual:
results-of a psychological evaluation; and a certification that the contractor has found all checks acceptable. The results of a psychological' examination, which uses a reliable written personality test or any other professionally accepted !
clinical evaluation procedure, shall be used to evaluate a l subject's trustworthiness, reliability.-and stability The l contractor shall review all required information for accuracy, completeness, and legibility, except Part 2 of the SF-86 which ,
is required to be completed in private and submitted by the '
individual to the contractor in a sealed envelope. ;
t Or, ;
(b) The individual will arrange to be fingerprinted by the subject j utility, and the contractor will submit to the utility's .
access authorization program.
]
In Section A above, SEC will conduct criminal history and credit I checks and a security assurance interview with the individual.
Based on the result of these checks, SEC will determine the -
individual's eligibility for temporary access and provide an I objection or no objection to the sponsoring Office pending j completion of the required background investigation by OPM.
B. Final Approval (a) The required investigation on the individual has been completed, and is satisfactory, resulting in NRC's endorsement of the individual's unescorted access at all nuclear facilities for the life of the contract, or (b) The contractor has obtained unescorted access authorization
. (other than temporary access) at the specific facility through that utility's access authorization program, or (c) The individual possesses a valid government issued clearance as verified by SEC. A valid government-issued clearance is Page 28 of 40 i
P NRC-03-96-027 Section H H.8 (Continued) '
l l defined as a U.S. Government-issued security clearanc>
l equivalent or higher than an NRC "L" clearance (e.g., Secret) based on a comparable investigation not more than five years (
old. l If an NRC contract is let to a foreign owned company empbying foreign nationals. SEC will attempt to obtain a security assurance :
from the respective government that a comparable investigation has !
been conducted on the individual. If an acceptable assurance is obtained. SEC will provide a NO SECURITY OBJECTION without further investigative checks.
The investigation in Section B above may involve a National Agency Check with Inquiries and Credit (NACIC) or other investigation as deemed necessary by SEC in accordance with 10 CFR Part 10 and NRC Management Directive and Handbook 12.3. Any :
questions regarding the individual's eligibility for unescorted I access to protected or vital areas of nuclear power facilities !
will be resolved in accordance with the provisions specified in 10 l CFR Part 10, which is incorporated into the contract by reference )
as though fuily set forth herein. j The contractor shall submit to SEC through the Project Officer for each contractor individual submitted / approved for access under the provisions of Sections A and B above, a signed NRC form 570.
" Access Authorizat10n Acknowledgment" from the individual that he or she understands his or her responsibility to report to the NRC.
Division of Security. Personnel Security Branch, any information bearing on his or her continued eligibility for access authorization as specified in 10 CFR Part 10, Section 10.11
" Criteria" Access to unclassified power reactor Safeguards Information (SGI) not also involving unescorted access to protected and vital areas of nuclear power plants will require the submission of a completed Personnel Security Forms Packet to SEC through the Project Officer and may require a National Agency Check (NAC) or ,
other investigation deemed necessary by the NRC in accordance with l 10 CFR Part 10 and NRC Management Directive and Handbook 12.3 which is incorporated into this contract by reference as though set forth herein.
l Any questions regarding the individual's eligibility for access i to nuclear power reactor SGI will be resolved in accordance with I the provisions set forth in Exhibit 11. Management Directive 12.3.
Based on the review of the applicant's security forms by SEC and/or the receipt of adverse information by NRC, the individual may be denied access to nuclear power reactor SGI until a final determination of his or her eligibility for access is made under Page 29 of 40 ,
NRC-03-96-027 Section H ,
H.8 (Continued)
! the protisions of 10 CFR Part 10. During the processing by SEC of l new individuals for access to nuclear power reactor SGI, access t may be granted under licensee programs. l C. Fitness for Duty l Pursuant to NRC policy, all contract individuals proposed for i
performance of task orders requiring unescorted access to nuclear !
l power plants will be subject to the requirements of the licensee's Fitness-for-Duty program. 1 l D. Basic Exposure Control and Personnel Dosimetry Training l
Requirements The contractor shall certify that personnel utilized under the l scope of work herein have completed basic exposure control and personnel dosimetry training sufficient to meet the requirements i of comercial nuclear power plants for unescorted access.
l Training will be provided on a one-time basis, upon issuance of the applicable task order (s), for those individual (s) for whom the
! contractor cannot certify as to having completed the above l
training within the past year. Site specific training obtained at i each site will still be required during the performance of individual task orders in addition to the basic training. ,
[End of Clause]
H.9 NRCAR 2052.204-70 SECURITY (SEP 1993) l (a) Security / Classification Requirements Form. The attached NRC Form 187 (See Section J for List of Attachments) furnishes l the basis for providing security and classification requirements to prime contractors, subcontractors, or others-(e.g., bidders) who have or may have an NRC contractual relationship that requires access to classified information or l matter, access on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.
(b) It is the contractor's duty to safeguard National Security Information, Restricted Data, and Formerly Restricted Data.
The contractor shall, in accordance with the Commission's
! security regulations and requirements, be responsible for safeguarding National Security Information Restricted Data, and Formerly Restricted Datc, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall., upon completion or termination of this contract, t transmit to the Comission any classified matter in the Page 30 of 40 l
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2 .- ;
i NRC-03-96-027 Section H L H.9 (Continued) l 4 :
possession of the contractor or any person under the !
contractor's-control in connection with performance of this :
contract. If retention by the contractor of any classified i matter is' required after the completion or termination of the
-contract and the retention is approved by the contracting officer, the contrar, tor shall complete a certificate of ;
possession to be furnished to the. Comission specifying the !
t classified matter to be retained. The certification must l l identify the items and types or categories of matter retained, !
the conditions governing the retention Of the matter Jnd their !
3eriod of retention, if known. If the retention is approved 1
)y the contracting officer, the security provisions of the ;
l contract continue to be applicable to the matter retained. l t
(c) In connection with the performance of the work under this
- contract. the contractor may be furnished, or may develop or -
acquire, proprietary data (trade secrets) or confidential or i privileged technical, business, or financial information, ,
including Commission plans, policies, reports, financial ;
plans, internal data protected by the Privacy Act of 1974 (Pub. 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 from disclosure to the il public. The contractor agrees to hold the information in ;
confidence and not to directly or indirectly duplicate, ,
disseminate, or disclose the information in whole or in part ;
to any other person or organization except as may be necessary l to perform the work under this contract. The contractor ,
agrees to return the information to the Commission or !
otherwise dispose of it at the direction of the contracting :
officer. Failure to comply with this clause is grounds for l termination of this contract. j (d) Regulations. The contractor agrees to conform to all '
security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Security and the Contracting Officer. These changes will be under the authority of the changes clause.
(e) Definition of National Security Information. The term National Security Information, as used in this clause, means !
information that has been determined pursuant to Executive i Order 12356 or any predecessor order to require protection i against unauthorized disclosure and that is so designated.
(f) Definition of Restricted Data. The term Restricted Data, as used in this clause, means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the ,
production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but does not include data declassified or removed from the Restricted Page 31 of 40
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NRC-03-96-027 Section H l l
H.9 (Continued)
Data ;ategory pursuant to Section 142 of the Atomic Energy Act I of 1954, as amended. l (g) Definition of Formerly Restricted Data. The term Formerly !
Restricted Data, as used in this clause, means all data l removed from the Restricted Data category under Section 142-d i of the Atomic Energy Act of 1954 as amended.
(h) Security clear 1ce personnel. The contractor may not j 3ermit any individual to have access to Restricted Data, i' r ormerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements ,
applicable to the particular type or category of classified )
information to which access is required. The contractor shall also execute a Standard Form 312 Classified Information Nondisclosure Agreement, when access to classified information l is required.
(i) Criminal liabilities. It is understood that disclosure of !
National Security Information. Restricted Data, and formerly 1 Restricted Data, relating to the work or services ordered bareunder to any person not entitled to receive it, or failure ;
to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the contractor or ,
any person under the contractor's control in connection with work under this contract, may 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 12356.)
(j) Subcontracts and purchase orders. Except as otherwise authorized in writing by the contracting officer, the contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.
(k) In performing the contract work, the contractor shall classify all documents, material, and equipment originated or generated by the contractor in accordance with guidance issued by the Commission. Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, and equipment must provide that the subcontractor or supplier assign classification to all documents, material, and equipment in accordance with guidance furnished by the contractor.
[End of Clause)
Pagc 32 of 40
NRC-03-96-027 Section H P
l H.10 NRCAR 2052.204-71 SITE ACCESS BADGE l REQUIREMENTS (JAN 1993)
During the life of this contract, the rights of ingress qd '
egress for contractor personnel must be made available as recuired. In this regard, all contractor personnel whose duties uncer this contract require their presence on-site shall be i l clearly identifiable by a distinctive badge furnished by the
! Government. The Project Officer shall assist the contractor in obtaining the badges for the contractor personnel. It is the sole responsibility of the contractor to ensure that each employee has proper identification at all times. All prescribed identification must be immediately delivered to the Security Office for cancellation or disposition upon the termination of employment of any contractor personnel. Contractor personnel must have this ;
identification in their possession during on-site performance under this contract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessary for performance of contract work, and to assure the safeguarding of any Government records or data that contractor personnel may come into contact with. ,
[End of Clause] j l
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PART II - CONTRACT CLAUSES )
l SECTION I - CONTRACT CLAUSES I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
I This. contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request. the Contracting Officer will make their full text available.
l I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES ;
NUMBER TITLE DATE
! 52.202-1 DEFINITIONS OCT 1995 l 52.203-3 GRATUITIES APR 1984 l 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 .
! 52.203-6 RESTRICTIONS ON SUBCONTRACTOR JUL 1995 l 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 t
TRANSACTIONS 52.204-4 PRINTING / COPYING DOUBLE-SIDED JUN 1996 l l ON RECYCLED PAPER :
52.209-6 PROTECTING THE GOVERNMENT *S JUL 1995 ;
. INTEREST WHEN SUBCONTRACTING WITH .
l 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 ;
L 52.215-39 REVERSION OR ADJUSTMENT Of DLANS MAR 1996 l l FOR POSTRETIREMENT BENEFITh OTHER THAN PENSIONS (PRB) ;
52.215-40 NOTIFICATION OF OWNERSHIP CHANGES FEB.1995 52.216-7 ALLOWABLE COST AND PAYMENT AUG 1996 52.216-8 FIXED FEE APR 1984 52.219-8 UTILIZATION OF SMALL. SMALL OCT 1995 l DISADVANTAGED AND WOMEN-0WNED SMALL BUSINESS CONCEhNS l
. 52.219-14 LIMITATIONS ON SUBCONTRACTING JAN 1991 '
52.222-3 CONVICT LABOR -AUG 1996 Page 34 of 40
NRC-03-96-027 Section I I.1 (Continued)
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 VIETNAM ERA VETERANS 52.222-36 AFFIRMATIVE ACTION FOR APR 1984 HANDICAPPED WORKERS 52.222-37 EMPLOYMENT REPORTS ON SPECIAL JAN 1988 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 52.223-2 CLEAN AIR AND WATER APR 1984 52.223-6 DRUG-FREE WORKPLACE JUL 1990 52.223-14 T0XIC CHEMICAL RELEASING REPORTING OCT 1995 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN MAY 1992 PURCHASES 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 52.230-2 COST ACCOUNTING STANDARDS APR 1996 52.230-3 DISCLOSURE AND CONSISTENCY OF APR 1996 COST ACCOUNTING PRACTICES 52.230-4 CONSISTENCY IN COST ACCOUNTING AUG 1992 PRACTICES 52.230-6 ADMINISTRATION OF COST ACCOUNTING APR 1996 STANDARDS 52.232-17 INTEREST JUN 1996 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT MAR 1994 52.232-28 ELECTRONIC FUNDS TRANSFER APR 1989 PAYMENT METHODS 52.233-1 DISPUTES OCT 1995 52.233-3 PROTEST AFTER AWARD OCT 1995 Alternate I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995 52.242-13 BANKRUPTCY JUL 1995 52.243-2 CHANGES - COST-REIMBURSEMENT AUG 1987 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 (C0ST-REIMBURSEMENT) SEP 1996 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991
[End of Clause]
Page 35 of 40
~
NRC-03-96-027 Section I 1.2 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--
MODIFICATION (NOV 1990)
(1) I, [Name of certifier] ,
am the officer or employee responsible for the ) reparation of this modification proposal and hereby certify tlat, to the best of my knowledge and belief, with the exception of any 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),
(hereinafter referred to as "the Act"), as implemented in the FAR, occurring during the conduct of this procurement (contract and modification number).
(2) As required by subsection 27(e)(1)(B) of the Act, I further certify that to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of [Name of Offeror] who has 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), i (d), or (f) of the Act, as implemented in the FAR, pertaining to this procurement.
Page 36 of 40
NRC-03-96-027 Section 1 I.2 (Continued) i (3) Violations or possible violations: (Continue ma plain
- bond paper if necessary and label Certificate of Procurement
! Integrity--Modification (Continuation Sheet). ENTER NONE IF NONE EXISTS) l l
[5ignature of the officer or employee responsible for the ,
modification proposal and date] '
[ Typed name of the officer or employee responsible for the '
modification proposal]
- Subsections 27(a), (b), and (d) are effective on December i 1, 1990. Subsection 27(f) is ef,fective 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 l SUBJECT TO PROSECUTION UNDER TITLE 18 UNITED STATES CODE. l SECTION .1001. l I
(d) In making the certification in paragraph (2) of the l certificate, the officer or employee of the competing Contractor responsible for the offer or bid, may rely upon a one-time certification from eacn individual required to submit a certification to the competing Contractor, su)plemented by periodic training. These certifications shall 3e obtained at 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 susp m mn of section 27 (i.e., prior to December 1, 1989), the Cc",ractor 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, representative, or consultant, 6 years from the date such t individual ceases to act on behalf of the contractor.
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Page 37 of 40
1.2 (Continued) t (e) The certification required by paragraph (c) of this clause is a material representation of fact upon which reliance will be placed in executing this modification.
[End of Clause]
I.3 52.217-9 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 for two one-year options; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. '
(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years.
[End of Clause]
i I.4 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) l (a) The use of overtime is authorized under this contract if the 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 I bottlenecks of a sporadic nature; I (2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; (3) To perform tests, industrial processes, laboratory i procedures, loading or unloading of transportation i 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 38 of 40 i
NRC-03-96-027 Section 1 1.4 (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 performance schedule:
(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification i of each affected contract; and ,
(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel
[End of Clause]
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NRC-03-96-027 Section J PART 111 - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
' ECTION 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 NRC Form 187 - Security / Classification Requirements (To be provided by the NRC Project Officer within 2 weeks of contract award) 05 NRC Inspection Procedure (IP) 93801 06 Differing Professional Views 07 ACH Vendor Payment Information form 08 NRC Manual Chapter 0610 " Inspection Reports" Page 40 of 40 l
.