ML20134N922

Mod 4,changing Task 3 to Add Refinement & Expansion for Future Requirements,To Data Analysis for Corporate Data Network

ML20134N922
Person / Time
Issue date:	08/30/1985
From:	Hampton R, Wiggins E NRC OFFICE OF ADMINISTRATION (ADM), TOUCHE ROSS & CO.
To:
Shared Package
ML20134N916	List: ML20134N913 ML20134N922
References
CON-FIN-D-1225, CON-NRC-33-85-327 NUDOCS 8509060046
Download: ML20134N922 (12)

Text

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• The purpose of this modification is to make changes to the work required in Task 3 of the contract's Statement of Work. Accordingly make the following changes. (1) The contractor's technical proposal dated August 2, 1985 as amended August 13, 1985 is hereby incorporated into the contract by reference. (2) The following shall be added to Task 3 -

Refinement and Expansion for Future Requirements.

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Contract NRC-33-85-327 Modification 4 Page 2 The contractor shall participate with NRC's ADP Steering / Working Groups and other users to review, modify, and expand upon information contained in the documents prepared in Task I and 2.

NRC staff members will work within their respective organizations to review any verify cited documents with advice by the contractor.

The contractor shall use the methodology known as prototyping to refine and expand upon the information contained in the documents prepared in Tasks 4 and 5. As sub-tasks associated with this methodology, the contractor shall:

Task 3.1 Define and build portions of two databases Task 3.2 Define and build supporting database update nechanisms Task 3.2 Assist in the building cf selected user applications Task 3.4 Evaluate the process of Task 3.1 - 3.3 Task 3.5 Update the CDN Development Plan The specific deliverables to be realized at the conclusion of prototyping consist of the following:

1. Two limited physical databases on magnetic storage medium

2. }

A partial Data Dictionary on hard copy and magnetic storage medium

3. Hard copies of database creation code and procedures 4 Hard copies of the physical database configuration 1

5. Documentation on the chosen entities expanded on their data element level

6. Expanded Corporate Data Model

7. User data requirements for the chosen entities

8. Database update programs on hard copy and magnetic storage medium

9. User application software developed during this effort on hard copy and magnetic storage medium

10. Written evaluation report including lessons learned and draft items to update the CDN Development Plan

11. Updated CDN Development Plan The purpose of this task is to confirm the accuracy of findings, define areas of unmet requirements - with emphasis on health and j safety related information, and revise previous deliverables where '

appropriate. All meetings between the contractor and NRC staff shall be coordinated through the Project Officer. i The NRC shall initially supply dialup telecomunications between the NRC and contractor's New York computer facility. During this i time period the contractor shall provide four modems. Two of these shall be at the NRC and two at the contractor's facility in New i York. Contractor shall provide a 9600 baud telecomunications line f

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• Contract NRC-33-85-327 Modification 4 j Page 3 between NRC and its facility as soon as possible. This line shall replace the dial up telecommunications previously provided by NRC.

Upon installation of this line, (1) contractor shall remve the modems he has previously provided (charging only a use fee) and (2)

NRC shall provide appropriate development and end user terminals, controllers, and 9600 baud modems, at NRC, for contractor use to access the new line. This NRC provided property shall remain at NRC at all times and shall be subject to the provisions of FAR Clauses entitled "52.245-5 GOVERNMENT PROPERTY (C0ST-REIMBURSEMENT, TIME AND MATERIAL, OR LABOR HOUR CONTRACTS) (APR 1984) (Attachment 1),and "52.245-1 PROPERTY RECORDS (APR 1984) (Attachment 2),

which are hereby incorporated by reference.

3. Under Section C - Description / Specifications / Work Statencnt, C.5.B. , Travel Reirreursement, delete the amount "$19,730.00," and substitute in lieu thereof the arount "$20,830.00."

4. Under Section F - Deliveries and Performance, F.1, Time of Delivery, add the following:

"The revised Task 3 work incorporated in Contract Modificatior. No.

Four shall have a delivery date of twenty (20) weeks after the effective date of said modification."

5. Under Section F - Deliveries and Performance, F.3, Duration of Contract Period, delete that in its entirety and substitute the following in lieu thereof:

"The period of performance of this contract shall begin on December 6 26, 1984 and end twenty (20) weeks after the effective date of Contract Modification No. Four. .

6. Section G - Contract Administration Data, G.2, Consideration and Payment, A., Estimated Cost and Obligation, is revised to read as follows:

"G.2 Consideration and Payment A. Estimated Cost, Fixed Fee and Obligation

1. It is estimated that the total cost to the Government for full performance of this contract i will be $966,451.00, of which the sum of j $905,322.00 represents the estimated reimbursable '

costs, and of which $61,129.00 represents the fixed F fee. 4

2. There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences I between any estimate of cost for performance of the ,

work under this contract and the actual cost for i

! performance of that work.

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, Contract NRC-33-85-327 Modification 4 Page 4

3. The amount presently obligated by the Government with respect to this contract is $894,748.00.

4 This contract is now incrementally funded and the FAR Clause entitled "52.232-22 LIMITATION OF FUNDS (APR 1984) (Attachment 3)," is hereby incorporated by reference and shall be applicable until the contract funding obligations provided are equal to i

the total contract amount.

7. Under Section G - Contract Administration Data, G.3 Overhead / General and Administrative Rates, add the following paragraphs:

A.1. Perding the establishment of final overhead rates which shall be negotiated based on audit of actual costs, subject to subparagraph D.I. below, the contractor shall be reimbursed

for allowable indirect costs hereunder at the provisional i

rate of 122.2 percent of the sum of direct labor costs and fringe benefit costs for all work performed after August 30, 1985.

D.I. The overhead rate of 122.2 percent cited in A.I. above is hereby established as a ceiling rate for work performed under this contract after August 30, 1985. Accordingly, at no time will the provisional overhead rate be adjusted by the Contracting Officer to levels which exceeds this ceiling rate. Additionally, notwithstanding the results of the final incurred cost audit for work performed under this contract, the final negotiated overhead rate shall in no cvent exceed the above referenced ceiling rate.

I F. Contractor shall not be allowed to charge for any other indirect rate items other than the overhead, fringe, and general and administrative rates cited in this subsection G.3.

8. All other contract terms and conditions remain unchanged.

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ATTACHMENT 1 52.245-5 GOVERNMENT PROPERTY (C0ST-REIMBURSEMENT, TIME-AND-MATERIAL, OR LABOR-HOUR CONTRACTS). (APR 1984)

(a) Government-furnished property. (1) The term " Contractor's managerial personnel," as used in paragraph (g) of this clause, means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of--

(i) All or substantially all of the Contractor's business; (ii) All or substantially all of the Contractor's operation at any one plant, or. separate location at which the contract is being performed; or (iii) A separate and complete major industrial operation connected with performing this contract.

(2) The Government shall deliver to the Contractor, for use in connection with and under the terms of this contract, the Government-furnished property described in the Schedule or specifications, together with such related data and information as the Contractor may request and as may be reasonably required for the intended use of the property (hereinafter referred to as

" Government-furnished property").

(3) The delivery or performance dates for this contract are based upon the expectation that Government-furnished property suitable for use will be delivered to the Contractor at the times stated in the Schedule or, if not so stated, in sufficient time to enable the Contractor to meet the contract's delivery or performance dates. >

- (4) If Government-furnished property is received by the Contractor in a condition not suitable for the intended use, the Contractor shall, upon receipt, notify the Contracting Officer, detailing the facts, and, as directed by the Contracting Officer and at Government expense, either effect repairs or modification or return or otherwise dispose of the property. After completing the directed action and upon written request of the Contractor, the Contracting Officer shall make an equitable adjustment as provided in paragraph (h) of this clause.

(5) If Government-furnished property is not delivered to the Contractor by the required time or times, the Contracting Officer shall, upon the Contractor's timely written request, make a determination of the delay, if any, caused the Contractor and shall make an equitable adjustment in accordance with paragraph (h) of this clause.

(b) Changes in Government-furnished property. (1) The Contracting Officer may, by written notice, (i) decrease the Govdrnment-furnished property provided or to be provided under this contract or (ii) substitute other Government-furnished property for the property to be provided by the Government or to. be acquired by the Contractor for the Government under this contract. The ,

Contractor shall promptly take such action as the Contracting Officer may direct ,

regarding the removal, shipment, or disposal of the property covered by this notice. ,

(2) Upon the Contractor's written request, the Contracting Officer shall make an equitable adjustment to the contract in accordance with paragraph (h) of  ;

this clause, if the Government has agreed in the Schedule to make such property available for performing this contract and there is any--

6 (i) Decrease or substitution in this property pursuant to subparagraph (b)(1) above; or (ii) Withdrawal of authority to use property, if provided under any ,

other contract or lease.

(c) Title. (1) The Government shall retain title to all Government-furnished property.

(2) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item nf cost under this contract shall pass to and vest in the Government upon the vendor's delivery of such property.

(3) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon--

(i) Issuance of the property for use in contract performance; (ii) Commencement of processing of the property or use in contract performance; or

' (iii) Reimbursement of the cost of the property by the Government, whichever occ~urs first.

(4) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as " Government property"), are subject to the provisions of this clause. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property.

(d) Use of Government property. The Government property shall be used only for performing this contract, unless otherwise provided in this contract or <

approved by the Contracting Officer.

(e) Property administration. (1) The Contractor shall be responsible and accountable for all Government property provided under this contract and shall comply with Federal Acquisition Regulation (FAR) Subpart 45.5, as in effect on i the date of this contract, and which is hereby incorporated into this contract by reference.

(2) The Contractor shall establish and maintain a program for the use, maintenance, repair, protection, and preservation of Government property in accordance with sound business practice and the applicable provisions of FAR Subpart 45.5. '

(3) If damage occurs to Government property, the risk of which has been assumed by the Government under this contract, the Government shall replace the items or the Contractor shall make such repairs as the Government directs.

However, if the Contractor cannot effect such repairs within the time required, the Contractor shall dispose of the property as directed by the Contracting Officer. When any property for which the Government is responsible is replaced or repaired, the Contracting Officer shall make an equitable adjustment in accordance with paragraph (h) of this clause (f) Access. The Government and all its designees shall have access at all reasonable times to the premises in which any Government property is located for the purpose of inspecting the Government property. ~

(g) Limited risk of loss. (1) The Contractor shall not be liable for loss or destruction of, or damage to, the Government property provided under this contract or for expenses incidental to such loss, destruction, or damage, except as provided in subparagraphs (2) and (3) below.

(2) The Contractor shall be responsible for loss or destruction of, or damage to, the Governmant property provided under this contract (including expenses incidental to such loss, destruction, or damage)--

(1) That results from a risk expressly required to be insured under this contract, but only to the extent of the insurance required to be purchased and maintained or to the extent of insurar.ce actually purchased and maintained, whichever is greater; (ii) That results from a risk that is in fact covered by insurance or for which the Contractor is otherwise reimbursed, but only to the extent of such insurance or reimbursement;

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(iii) For which the Contractor is otherwise responsible under the express terms of this contract; (iv) That results from willful misconduct or lack of good faith on the part of the Contractor's managerial personnel; or (v) That results from a failure on the part of the Contractor, due to willful misconduct or lack of good faith on the part of the Contractor's managerial personnel, to establish and administer a program or system for the control, use, protection, preservation, maintenance, and repair of Government property as required by paragraph (e) of this clause.

' (3) (i) If the Contractor fails to act as provided by subdivision (g)(2)(v) above, af ter being notified (by certified mail addressed to one of the Contractor's managerial personnel)'of the Government's disapproval, withdrawal of approval, or nonacceptance of the system or program, it shall be conclusively presumed that such failure was due to willful misconduct or lack of good faith on the part of the Contractor's managerial personnel.

(ii) In such event, any loss or destruction of, or damage to, the Government property shall be presumed to have resulted from such failure unless the Contractor can establish by clear and convincing evidence that such loss, destruction, or damage--

(A) Did not result from the Contractor's failure to maintain an approved program or system; or (B) Occurred while an' approved program or system was maintained by the Contractor.

. (4) If the Contractor transfers Government property to the possession and control of a subcontractor, the transfer shall not affect the liability of the Contractor for loss or destruction of, or damage to, the property as set forth above. However, the Contractor shall require the subcontractor to assume the risk of, and be responsible for, any loss or destruction of, or damage to, the property while in the subcontractor's possession or control, except to the extent that the subcontract, with the advance' approval of the Contracting Officer, relieves the subcontractor from such liability. In the absence of such approval, the subcontract shall contain apprcpriate provisions requiring the return of all Government property in as good condition as when received, except for reasonable wear and tear or for its use in accordance with the provisions of the prime contract.

(5) Upon loss or destruction of, or damage to, Government property provided under this contract, the Contractor shall so notify the Contracting Officer and shall communicate with the loss and salvage organization, if any, designated by the Contracting Officer., With the assistance of any such organization, the Contractor shall take all reasonable action to protect the Government property from further damage, separate the damaged and undamage'd Government property, put all the affected Government property in the best possible order, and furnish to the Contracting Officer a statement of--

(i) The lost, destroyed, or damaged Government property; (ii) The time and origin of the loss, destruction, or damage; (iii) All known interests in commingled property of which the Government property is a part; and (iv) The insurance, if any, covering any part of or interest in such commingled property.

(6) The Contractor shall repair, renovate, and take such other action i with respect to damaged Government property as the Contracting Officer directs.

'[

If the Government property is destroyed or damaged beyond practical repair, or is damaged and so comingled or combined with property of others (including the Contractor's) that separation is impractical, the Contractor may, with the approval of and subject to any conditions imposed by the Contracting Officer,

sell such property for the account of the Government. Such sales may be made in order to minimize the loss to the Government, to permit the resumption of business, or to accomplish a similar purpose. The Contractor shall be entitled to an equitable adjustment in the contract price for the expenditures made in performing the obligations under this subparagraph (g)(6) in accordance with paragraph (h) of this clause. However, the Government may directly reimburse the loss and salvage organization for any of their charges. The Contracting Officer shall give due regard to the Contractor's liability under this paragraph (g) den making any such equitable adjustment.

(7) The Contractor shall not be reimbursed for, and shall not include as an item of overhead, the cost of insurance or of any reserve covering risk of loss or destruction of, or damage to, Government property, except to the extent that the Government may have expressly required the Contractor to carry such insurance under another provision of this contract.

(8) In the' event the Contractor is reimbursed or otherwise compensated for any loss or destruction of, or damage to, Government property, the Contractor shall use the proceeds to repair, renovate, or replace the lost, destroyed, or damaged Government property or shall otherwise credit the proceeds to, or equitably reimburse, the Government, as directed by the Contracting Officer.

(9) The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any loss or destruction of, or damage to, Government property. Upon the request of the Contracting Officer, the Contractor shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery. In addition, where a subcontractor has not been relieved from liability for any loss or destruction of, or damage to, Government property, the Contractor shall enforce for the benefit of the Government the liability of the subcontractor for such loss, destruction, or damage.

(h) Equitable adjustment. When this clause specifies an equitable adjustment, it shall be made to any affected contract provision in accordance with the procedures of the Changes clause. When appropriate, the Contracting Officer may initiate an equitable adjustment in favor of the Government. The right to an equitable adjustment shall be the Contractor's exclusive remedy.

The Government shall not be liable to suit for breach of contract for--

(1) Any delay in delivery of Government-furnished property; (2) Delivery of Government-furnished property in a condition not suitable for its intended use; *

(3) A decrease in or substitution of Government-furnished property; or (4) Failure to repair or replace Government property for which the Government is responsible.

(i) Final accounting and disposition of Government property. Upon completing this contract, or at such earlier dates as may be fixed by the Contracting Officer, the Contractor shall submit, in a form acceptable to the Contracting Officer, inventory schedules covering all items of Government property not consumed in performing this contract or delivered to the Government. The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government property as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be-credited to the cost of the work covered by this contract or paid to the Government as directed by the Contracting Officer. The foregoing provisions shall apply to scrap from Government property; provided, however, that the Contracting Officer may authorize or direct the Contractor to omit from such inventory schedules any

scrap consisting of faulty castings or forgings or of cutting and processing waste, such as chips, cuttings, borings, turnings, short ends, circles, trimmings, clippings, and remnants, and to dispose of such scrap in accordance with the Contractor's normal practice and account for it as a part of general overhead or other reimbursable costs in accordance with the Contractor's established accounting procedures.

(j) Abandonment and restoration of Contractor premises. Unless otherwise provided herein, the Government--

(1) May abandon any Government property in place, at which time all

' obligations of the Government regarding such abandoned property shall cease; and (2) Has no obligation to restore or rehabilitate the Contractor's premises under any circumstances (e.g., abandonment, disposition upon completion of need, or contract completion). However, if the Government- furnished property (listed in the Schedule or specifications) is withdrawn or is unsuitable for the intended use, or if other Government property is substituted, then the equitable adjustment under paragraph (h) of this clause may properly include restoration or rehabilitation costs. -

(k) Comunications. All comunications under this clause shall be in writing.

(1) Overseas contracts. If this contract is to be performed outside the United States of America, its territories, or possessions, the words

" Government" and " Government-furnished" (wherever they appear in this clause) shall be construed as " United States Government" and " United States Government-furnished," respectively.

(End of clause)

(R 7-203.21 1970 SEP)

(R 7-402.25, except clause paragraph (c) 1972 SEP)

(R 7-901.5 1970 SEP)

(R 1-7.203-21(a))

(R 1-7.402-25(a))

(R 1-7.402-25(b), except clause paragraph (c))

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1 ATTACliMEtiT 2 l 52.245-1 PROPERTY RECORDS. (APR 1984)

The Government sht:1 maintain the Government's official property records in connection with Government property under this contract. The Government Property clause is hereby modified by deleting the requirement for the Contractor to maintain such records.

(End of clause)

(AV 7-104.24(g) 1967 AUG)

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s ATTACHl!ENT 3 i 52.232-22 LIMITATION OF FUNDS. (APR 1984) l (a) The parties estimate that performance of this contract will not cost the I Government more than (1) the estimated cost specified in the Schedule or, (2) if this is a cost-sharing contract, the Government's share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government's and the Contractor's share of the cost.

(b) The Schedule specifies the amount presently available for payment by the Government an'd allotted to this contract, the items covered, the Government's share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of any fee. The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.

(c) The Contractor shall notify the Cont. acting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1) the total amount so far allotted to the contract by the Governme.nt or, (2) if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the Contractor's corresponding share.

The notice shall state the estimated amount of additional funds required to i continue performance for the period specified in the Schedule.

(d) Sixty days before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.

(e) If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another agreed-upon date, upon the Contractor's written request the Contracting Officer will terminate this contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may i

' specify a later date in its request, and the Contracting Officer may terminate this contract on that later date.

(f) Except as required by other provisions of this contract, specific' ally citing and stated to be an exception to this clause--

(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this 4 contract; and (2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of (1) the amount then allotted to the contract by the Government or, (ii) if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.

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(g) The estimated cost shall be increased to the extent that (1) the amount allotted by the Government or, (2) if this is a cost-sharing contract, the amount then allotted by the Government to the contrac plus the Contractor's -

corresponding share, exceeds the estimated cost- speci(fied in the Schedule. If this is a cost-sharing contract, the increase shall be allocated in accordance with the fomula specified in the Schedule.

(h) No notice, communication, or representation in any form other than that specified in subparagraph (f)(2) above, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to ' reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.

(i) When and to the extent that the amount allotted by the Government to the

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contract is increased, any costs the Contractor incurs before the increase that are in excess of (1) the amount previously allotted by the Government or, (2) if this is a cost-sharing contract, the amount previously allotted by the Government to the contract plus the Contractor's corresponding share, shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover temination or other specified expenses.

! (j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.

(k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the Centractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.

(1) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified in the Schedule equalling the percentage of completion of the work contemplated by this contract.

(End of clause)

(R 7-203.3(b) 1966 0CT)

(R 7-402.2(c) & (d) 1966 0CT)

(R 1-7.202-3(b)

(R 1-7.402-2(c) & (d))

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