ML20135C841

Contract: Extension of W Johnson Technical Membership on ASLAP, Awarded to Univ of Virginia

ML20135C841
Person / Time
Issue date:	08/23/1985
From:	Conlon T, Hagan T NRC OFFICE OF ADMINISTRATION (ADM), VIRGINIA, UNIV. OF, CHARLOTTESVILLE, VA
To:
Shared Package
ML20135C838	List: ML20135C834 ML20135C841
References
CON-NRC-10-85-250 NUDOCS 8509110536
Download: ML20135C841 (45)

Text

_- - _. _ - _ _ . . _ _ _ _

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1. CERTIFIED F03 NATIONAL DE FENSE

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AWARD / CONTRACT

2. CON T R AC T stroc. Jnst Jd-at # NO.

UNDER BDSA REG 2 AND/OR DMS REG.1

3. EF F ECTivE DA T E 1l 3

.. R EQUs5sisON/PU RCHA$E N EQUE$i/P6tOJ EC T NQ NRC-10-85-250 September 1,1985 ADM-85-250

s. issvEO ev .. AOu Niu E R EO e v ,u otan ta. su,,3, cggt l CODEI _

U.S. Nuclear Regulatory Commission Division of Contracts Washington, D.C. 20555

7. NAME AND ADOH ESS OF CON T R ACT OR (No . st,Te f. cal), coa n ty. st.re omd 41P Codej 4. DELE vE R Y R:ctor and Visitors of the University of Virginia Office of Sponsored Programs OTHE R (su nel U fob ORIGIN P. O. Box 9003 $ oiscouNTFoaaaoMaiaAvMENT Charlottesville, Virginia 22906 N/A

10. SUBMIT INVOICES (4 topers anniens otaer- l' TEM

}2 enue specstwdj TO THE i CODE lF ACILITY CODE ADDRESS SHOWN IN l ii. ,-,, r o,o A R. F O R 22. AvoENroiuLoEuAO ..

CODEj CODE [

U.S. NRC U.S. NRC, ORM, Division of Attention: Alan S. Rosenthal, ASLAP, 532 EWW Accounting and Finance ATTN: GOV /COM Accounts Washington, D.C. 20555 Washington, D.C. 20555

13. THIS A ADVERTISED 8* ^<COUNI'"O^NU^##"O'"'^#'0"O^##

ACQUISITION e NEGOn ATEO PvR5vANT TO. Appropriation No. B&R No.

• ,A$ g,C*,c=

,,,,, O io uSC 2304<.n > 31x0200.405 40-11-00-102 (x] i uSc 2salen i >

13A. BTEM NO l 150 SUPPLIES / SERVICES 15C. QU ANTITY 150. UNIT 15E. UNIT PRICE '15F. AMOW The Government hereby accepts the University of Virginia's o#fer daued June 13, 1985 submitted in response to RFP No. RS-ADM-85-250, which is inc9rporated herein by reference and made a part hereof to provide the services of I')r. W. Reed Johnson for continued appointment to the U.S. Nuclear Regt latory Commiss' on's Anomic Safety and Licensin; Appeal Panel.

~

8509110536 050823 mMD

~ @R CONTR isG. TOTAL AMOUNT OF CONTRACT klS46.903.00 NRC-10-85-250 PDR 16. TABLE OF CONTENTS y)lSEC.l DESCRIPTICN lPAGE(S) V) lSEC. l DESCRIPTION lP AG r ,5)

PART I- THE SCHEDULE PART it - CONTR ACT CLAUSCS X A SOLICITATION / CONTRACT FORM Xl : l CONTR ACT CLAUSES l X B SUPPLIES OR SERVICES AND PRICES / COSTS PART He - List or DOCuutNTs. ExniseTS AND OTHE R ATT AC=*.

X C DESCRIPTION / SPECS / WORK STATEMENT Xl J l LIST OF ATTACHMENTS l ,

X O PACK AGING AND MARKING PART ev - REPRESENTA7 TONS AND INSTRUCTIONS X E INSPECTION AND ACCEPTANCE K REPRESENTATIONS. CERTIFICATIONS AND X F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS X c CONTR ACT ADMINISTR ATION DATA L INST AS . CONOS . AND NOTICES TO OFF F A X H SPECIAL CONTR ACT REQUIREMENTS M EVALUATION F ACTORS FOR AWARD

, CONTRACTING OFFICER Will COMPL ETE ITEM 17 OR 18 AS APPLICABL E

17. X CONTRACTOR'S NEGOTIATED AGREEMENT (Contrector is 're. 10. AWARD (Contmefor is not required to sage t4as document ) wou, E';i,de nt'!;,!:," U'oto'"t"!!"d ."'"."'.

i . . 3,, ,, ,,77f,.j jg ; n , ojp77,4 o,,;7=,,7;,j,;.,, , , No,,7.,,,,,,,, - ,a, , ,,u ,,, n ,,,,,,,,, ,, ,,,,,,;

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19A. N AM E Ar, a NE R (7 pe or print) 20A. NAME OF CON TR AC TsNG OF F 6CER ego,g y ng M cer S 0 to /

199. N A M OFC TRAC OR 19C.DATE SaGNEY 20s. UNIT E sr T A TE5 0V E ,C 20C.D TE StG* _O 8Y -- *~N '

/ - f br f' fl BY " N Ib^ - ^ V -) {

/ 13agnediiereyf person .u thartned to segn) , // y.ture OTCofert97eif en)

NSN 7$404111$2 e049 PR "VtOUS EDITION UNUSASLE 24-100  ! STA DARD FORb 26 (Rkv.14e33 P,e ,tbed b, GS A g g ,93 g.gg.g g3 F AR (48 CF R) $3.214(.)

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Contract No. NRC-10-85-250 Page 2

1. Section F.3., Option to Extend the Term of the Contract--Services, is hereby incorporated as follows:

"F.3. Option to Extend the Term of the Contract--Services (a) This contract may be extended for four (4) additional twelve month periods at the option of the Government. The Contracting Officer may give preliminary written notice of an intent to exercise such options sixty (60) days, or less, orior to the last day of period of performance (such preliminary notice shall not be construed as an exercise of the option) and will not bind the Government to exercise the option.

(b) Upon exercise of any of the options, the following modifications will be made to the contract, subject to the mutual agreement of the parties:

'(1) The duration of the contract period in Section F.2.

will be modified accordingly.

(ii) Section G.1, Consideration, will be modified c accordingly.

(c) The Contracting Officer shall require the contractor to submit a Cost Proposal, in the same format as detailed under Section L.4 of the Solicitation, for the option efforts for the Government's consideration.

(d) Pending exercise of the option for continuance of effort under this contract, the contractor is not authorized to commence continuation of work and the total obligation of the Government, pursuant to Clause 52.232-21. " Limitation of Costs," shall not exceed the amount set forth in this contract.

2. Section G.I., Consideration, is hereby completed to read as follows:

"A. Estimated Cost and Obligation

1. The presently estimated cost of the work under this contract is

$46,903.00.

2. The amount presently obligated by the Government with respect to this contract is $46,903.00."

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s Contract No. NRC-10-85-250 Page 3 i'

d f 3. Section G.2., Overhead / General and Administrative Rates is hereby l completed to read as follows:

1 i "The contractor shall be reimbursed for f:inge benefit costs at the

!- predetermined rates of 24 percent of salaries for the academic year, j 7 percent of wages for the months of June, July, and August, and

! 25 percent of total direct costs for off-campus services from the j effective date of the contract through June 30, 1986. These rates j shall be provisional for the period July 1,1986 through August 31, 1986, pending the establishment of negotiated fixed / predetermined rates by the Department of Health and Human Services (DHHS)."

i

4. Section G.4. , Pro.iect Officer, Paragraph 8, is hereby completed to

read as follows

"B. Name and Mail Code

Alan S. Rosenthal EW-532

{- Office Address: U.S. Nuclear Regulatory Comission ,

Atomic Safety and Licensing Appeal Panel

4350 East West Highway, Room E-534A Bethesda, Maryland 20814 Telephone Number

(301) 492-7662" s

i 5. Section H.1., Key Personnel, is hereby completed by adding the

{ following individual as key personnel:

i "Dr. W. Reed Johnson" i

! 6.Section I, Contract Clauses, is expanded to incorporate the following

} ' Clause:

1 "52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT--SERVICES. (APR 1984)

! (a) The Government may extend the term of the contract by written notice to the Contractor within the time specified in the Schedule; [:

l 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 consnit the

! Government to an extension, i j (b)' If the Government exercises this option, the extended contract i shall be considered to include this option provision.

i (c) The total duration of this contract, including the exercise of l any options under this clause, shall not exceed five (5) years.

i (End of clause)

, (R-7-104.27(c))

j R 1-1.1508-2(d))"

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byG(ATION,OFI-EH AND AWARD 'N'E$' NAE'[Nbr$cNEG i > 1l 2 5 ,, ,., , ,

2 c c,Nu. o ~O. t sot.c.ua.O~ NO. . nas Or sot Lo Ai O~ s. oAu .ssut O t u r ov.$ n .or.mv Rc-An-

"O'

] ADVE RTISED flF BI RS-ADM-85-250 g utGOTIATED (RFP) 5/17/85 ADM-85-250

7. eS$vt O ev cong l 4. ADORT.ss Or r E R T O vif erwr eA.a isem is U.S. Nuclear Regulatory Commission Division of Contracts, AR 2223 Washington, D.C. 20555 Same a5 Item 7.

tdOTE: la advertised sot.citat.ons "of ter' and "of feror** rneen "t>d'* and "b.dder" SOLICITATION 9 Serled cffers in or.g.nat and _ One cop,,, go, gy,n;,n; e ptece specif.ed in item 8. or rf handcarr.ed. in ihe dds.iory i.sied .n Room 2223, 4553gs, Montgomery Avenuein the Schedute iin te recew si 5/31/85 supone, o, ,,,v.ces tr,,,,p : 30 p ig,, ,,me 2nd Floor, Bethesda, Maryland 20814 '" a * 's 'Da n't CAUTION - LATE Submissions. Mod.f. canons.end W thdrawais See Section 1. Provision No 52.214.7 or 52.21510 All offers e<e sotaect to all terms and condit.ons conte.ned an this solecstat.on

^ """' ' ' " " " * * ## "" ' ###

to FO'1INFORMATION CAlt: 'Mrs.

k Cindy Fleenor (301) 492-4519

11. TABLE OF CONTENTS Ul lSEC. l DE SCRIPTION lPAGE fS1 Ull $E C. l DESCRIPTION lPAGEISI PART l - THE SCHEDULC PART il- CONT R ACT CLA USES X A sot cit ATiONiCONTR ACT FORM l X l 1 l CONTR ACT CL AUSES l l4 x a SUPPLIES OR SE AVICES AND PRICES / COSTS 2 PA RT lis - List OF OoCvME Nts. E xHI8il$ AND OTHE R AT T ACH.

X C DE SCRIPT ION /SPE CS / WOR K ST ATE MENT 2 X lJ l LIST OF ATTACHMENTS l l6 X D PACIC ACING AND MAR KING 2 PART IV - REPRESENT ATIONS ANO INST RUCTIONS X E INSPECTION AND ACCEPTANCE 3 REPRESENTATIONS. CERTIFICATIONS AND X F DE LIVE RIES OR PE RFORMANCE 3 X OTHE R ST ATEMENTS OF OF F E RORS 17 X G CONTR ACT ADMINISTR ATION DATA 3 X L INSTRS . CONDS . ANO NOTICES TO OF F E R 2I X H SPECIAL CONTR ACT REQUIREMENTS 8 X M EVALUATION F ACTORS FOR AWARD [,

OF F E R (Musf be tulty completed by offerorf NOTE: Item 12 does not acott if the sol.citat.on includes the provisions et $2.21416 Minimum Bad Acceptance Period.

12 in compliance with the abow, the unders.gned agrees. if this offee is accepted within M calender days (60 eelander dare enleu e d8ff*Nat

• 1 Aenest 23 anserf ed by the efferers from the date for receipt of of fers specif eed abod, to furnish any or allitems upon wh.ch proces are of fered et tre preCe set oDDosite each stem,deinered at the des.gnated po.nt(s), with.6 the teme sDecified 86 the schedule.

13 DISCOUNT FOR PROMPT PAYMENT #8'*""'""O*'S ""*U^"D* '^" "U^"U^**

este sees.en r. cse.coe s2 sn aJ Wl38"*U^"O^**%  %  %  %

14 ACKNOWLEDGMENT OF AMENOVENTS AMENDVE NT NO DATE AMENOVENT NO DATE ITne efteroe eeknameledece Neenor of ement enents es the sOLICITAT!oN for efferers and eektre4 tocoments ne.m bered and dated

• IS A. N AME COOLaI i F ACILITY i J.6 N wb in LE ot &E kson hulnoRad ED 10 b8GN A ML "'( Type er pnns; I 1 OFFER cNO University of Virginia D. W. Jennings, Director

^00 E55 Of fice Of Sponsored Programs Office of Sponsored Programs

" P.O. Box 9003 CFFEROR Charlottesville, Virginia 22906 lu IL LEPHONE NO. (Jnciede eres 15C CHECK IF RE MITT ANCE ADDRE SS s i. Si Atu E la F F E R D A e e.

1. 5 d'# *

(804) 924-4299 15 DiF FE RENT FROM ABOVE

• ENTER - . / .

SuCN AoDRFSS IN SCHE DULE a 6 4 dM ' Ms J AWARD (To be completed by GodernmentV 7 /

39. ACCEPTED AS TO 81 EMS NUMeEREO 20. AMOUN T 23. ACCCfdNisNG AND APPROPRI A160N

22. SUBMIT INVOICES TO ADDRESS SHOWN IN g ad cos.ee enteu etsiermee specif.eds n t o U.S C. 2304(al ( ) 41 U.S C. 252(c) 1 I

24. ADMINiST E R EO ev (Jie e 26. PAYMENT weLL SE M ADE sv Aersn nAteni 71 CODE l CODE l

26. NAME OF Core t R Ac t SNG OF e eCE R IT7Pe er Pnat) 27. UNIT ED ST ATES OF AMERICA #eAwARuoATE ISicneture of Centreehng Offerert IMPORT ANT - Awerd wits t,e enede on this Forrn. or on Stendard Form 76 or try other authovesed of f.c.et wretten not.ce.

'051 7540-01-152 0064 33 33p g,o . ,,,, wa t STANDARD FORM 33 (REv. 30 83)

PJEvrous E OliaON NOT USAsLE Peescrited try GnA F AR (48 CF RI S3 73 8(t)

.. *l, i i RS-ADM-85-250 Page 2 Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work The U.S. Nuclear Regulatory Commission (NRC) will utilize the services of Dr. W. Reed Johnson to serve on the Atomic Safety and Licensing Appeal Panel (ASLAP) for purposes of rendering final Commission decisions in adjudicatory licensing proceedings.

B.2 (Offeror should provide cost information)

A. Total Estimated Cost........................S 46,903 8.3 Remittance Address If item 15c. of the Standard Form 33 has been checked, the offeror shall enter the remittance address below.

Name:

Address:

C Section C - Description / Specifications / Work Statement Scope of Work l

l The contractor shall provide the services necessary to accomplish  !

the appointment of Dr. W. Reed Johnson, Professor of Nuclear Engineering, University of Virginia, as a part-time member of the ]'

Atomic Safety and Licensing Appeal Panel in which capacity he will be assigned to Appeal Boards rendering final Commission decisions in adjudicatory licensing proceedings. Dr. Johnson's appointment will provide for his services to be furnished to the Commission on a half-time basis, dates of services randered shall be mutually agreed upon by both parties.

4

~

Section D - Packaging and Marking  !

Not applicable. '

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• RS-ADM-85-250 Page 3 Section E - Insoection and Acceptance Refer to Section I for FAR citations incorporated by reference.

Section F - Deliveries and Performance F.1 Place of Delivery The items to be furnished hereunder (hall be delivered, with all transportation charges paid by the Contractor, to:

U.S. Nuclear Regulatory Connission

• Attention: Alan S. Rosenthal Atomic Safety and Licensing Appeal Panel Mail Stop: 532 EW/W Washington, D.C. 20555 F.2 Duration of Contract Period This contract shall be effective on September 1,1985 and shall continue through August 31, 1986.

Section G - _ Contract Administration Data G.1 Consideration c l A. Estimated Cost and Obligation l 1. The* presently estimated cost of the work under this contract is 5

2. The amount presently* obligated by the Government with respect to i

this contract is 5

• To be incorporated into any resultant contract.

B. In full consideration of the services to be provided under this I

agreement, the Coranission will reimburse the contractor on a cost reimbursement basis' for the costs associated with the furnishing of Dr. Johnson's services, including salary and wages, fringe benefits l and indirect costs. ,

G.2 Overhead / General and Administrative Rates

! The contractor shall be reimbursed for fringe benefit costs at the predetennined rates of *"**** of salaries for the academic year,

• • • • • • • of wages for the month of ******** and ******* of the modified total direct cost for off-campus services from the effective date of the l contract through ******** .

l .

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__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -_- - - - - - - - --- - -------- - -- - - - ---~- - - -- ~ ~

. RS-ADM-85-250 Page 4 The negotiated indirect cost rates with DHHS per agreement of ***"**

for the period ******** through ******** are ******* of the modified total direct cost for "off campus." The fringe benefit rates per this agreement for the same period are ******* for salaried employees and

• "**** for wage employees (summer months).

G.3 Technical Direction A. Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer named in Section G.4 of this centract. 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, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual scope of work.

2. Providing assistance 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 reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the '

contract.

B. Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which:

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

2. Constitutes a change as defined in the clause of the General Provisions, entitled " Changes."

4

3. In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.

4. Changes any of the expressed terms, conditions or specifications of the contract.

_.________________.___a

... .N RS-ADM-85-250 Page 5 C. ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITING WITHIN TEN (10) WORKING DAYS AFTER VERBAL ISSUANCE. A copy of said written direction shall be submitted to the Contracting Officer.

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

If, .in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in B(1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract

accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the 1

Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause.

D. 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.

E. 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 i thereto shall be subject to the provisions of the contract clause

] entitled " Disputes."

i G.4 Project Officer

! A. The individual (s) listed in "B" below is (are) hereby designated as i

the Contracting Officer's authorized representative (hereinafter called Project Officer) for technical aspects of this contract. The &

Project Officer is not authorized to approve or request any action which results in or could result in an ' increase in contract cost; or terminate, settle any claim or dis)ute arising under the contract,

or issue any unilateral directive w1atever.

l The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) perfonning technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resolution of technical problems encountered during performance. Within the purview of this

. authority, the Project Officer is authorized to review all costs requested for reimbursement by Contractors and submit 4

..*.a

.' RS-ADM-85-250 Page 6 recomendations for approval, disapproval, or suspension for supplies / services required under the contract. The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.

For guidance from the Project Officer to the Contractor to be valid, it must: (1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated .

into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost. .

B. Name and Mail Code:

• Office Address:

• Telephone humber: *

• To be incorporated into any resultant contract '

G.5 payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of: c (1) The date of actual receipt of a proper invoice (original and 4 copies) to:

U.S. Nuclear Regulatory Comission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section  ;

Washington, D.C. 20555 l

or j

(2) The date the final deliverable product / service is accepted by }

the Government.

4 (b) For the purpose of determining the due date for payment and for no '

other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of the final deliverable product / service performed in accordance with the terms of the contract.

(c) If the final product / service is rejected for failure to conform to the technical requirements of the contract, the provisions in paragraph (b) of this clause will apply to the new delivery of the final prcduct/ service.

e

RS-ADM-85-250 Page 7 (d) The date of payment by wire transfer through the Treasury Financial Communications System shall be considered the date payment is made for individual payments exceeding $25,000. The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less.

. G.6 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:

l- U.S. Nuclear Regulatory Commission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C. 20555.

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

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

(2) Contract number or other authorization for delivery of property or services. ,

(3) Description price and quantity of property and services actually. "

delivered or rendered.

l (4) Shipping and payment terms.

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

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

G.7 Interest on Overdue Payments  ;

(a)ThePromptPaymentAct,PublicLaw 97-177 (96 STAT. 85, 31 USC 1801)  ;

, is applicable to . payment of the expiration invoice under this '

contract and requires the payment of interest to Contractors on overdue payments of the expiration invoice or improperly taken discounts.

(b) Determinations of interest due will be made in accordance with the i

provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, . August 25, 1982. Among other considerations, OMB Circular A-125 provides that:

]

! (1) Interest penalties are not required when payment is delayed i because of a disagreement over the amount of payment or other issues concerning compliance with the tems of the contract.

i

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• - . . . *ls <

'e l -

' RS-ADM-85-250 l

Page 3 (2) Whenever a proper invoice is paid after the due dite plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date. Interest will be computed from the day after the due date through the payment date.

(c) For purposes of this clause, an expiration invoice is defined as a

' claim submitted for c'osts incurred for perfonnance through the expiration date of a Cost Type contract.

a

' Section H - Special Contract Requirements H.1 Key Personnel -

(a) The following individuals are considered to be essential to the successful performance of the work hereunder.

/ .

i

• To be incorporated into any resultant contract The Contractor agrees'tliat such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) hereof.

(b) If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall imediately notify the Contracting Officer and shall, subject to the concurrence of thel-

Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially cqual ability and qualifications.

l (c) All requests for approval .of substitutions hereunder must l be in writing and provide a (detailed explanatioCof the circumstances i

necessitating the proposed substitutions. They mustJcontain a complete resume for the proposed substitute, and other information reque'sted by the Contracting Officer or needed by him to approve or disapprove the proposed substitution. The Centracting Officer or his authorized representative will evaluate 'such requests and promptly notify the Contractor of his approval or disapproval thereof in writing.

(d) If the Contracting Officer . determines that suitable and timely -

replacement of key personnel who have ' been reassigned, terminated or }

s have otherwise become unavailable for the contract work is not '

reasonably forthcoming or that the resultant (reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the Contracting Officer for default or for the convenience of .the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the Contractor at fault for the _ condition, the I

s:

t, ' ,

Nll ,

RS-ADM-85-250 Page 9 contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.

H.2 _ Consul tant or Other Compa rable Ecoloyment Services of Contractor Employees (OM5 Clearance humber 3150-0112)

The Contractor shall require all employees who are employed full-time (an individual who performs work under the cost-type contract on a full-time annual basis) or part-time (50 percent or more of regular annual com received under terms of a contract with the Comission)pensation on the contract work to disclose to the Contractor all consultant or other comparable employment services which the employees proposed to undertake for others. The Contractor shall transmit to the Contracting Officer all information obtained from such disclosures. The Contractor will require any employee who will be employed full-time on the contract to agree, as a condition of his participation in such work, that he will not perform consultant or other comparable employment services for another Comission cost-type Contractor under its contract with the Comission except with the prior approval of the Contractor.

1 H.3 Safety, Health, and Fire Protection Tne Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all "

hazards to life and property and shall comply with all health, safety, and fire protection regulations and requirements (including reporting requirements) of the Comission and the Department of Labor. In the event that the Contractor fails to comply with said regulations or requirements, the Contracting Officer may, without prejudice to any other legal or contractual rights of' the Comission, 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 Contra-tor shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work '

stoppage.

1 H.4 Dissemination of Contract Information (OMB Clearance Number 3150-0112) i i

The Contractor shall not publish, permit to be published, or disseminate 5 to the public any information, oral or written, concerning the work '

performed under this contract without the prior written consent of the ,

Contracting Officer. Two copies of any information proposed to be published or disseminated shall be submitted to the Contracting Officer.

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

H.5 Private Use of Contract Information and Data Except as otherwise specifically authorized by Section H., publication of contract work of this contract, or as othenvise approved by the

, Contracting Officer, information and other data developed or acquired by

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RS-ADM-85-250 Page 9 contract price or fixed fee may be equitably adjusted downward to cornpensate the Government for any resultant delay, loss or damage.

H.2 Consultant or Other Comparable Emoloyment Services of Contractor Employees (OMS Clearance humber 3150-0112)

The Contractor shall require all employees who are employed full-time (an individual who perfoms work under the cost-type contract on a full-time annual basis) or part-time (50 percent or more of regular annual com received under terms of a contract with the Commission)pensation on the contract work to disclose to the Contractor all consultant or other comparable employment services which the employees proposed to undertake for others. The Contractor shall transmit to the Contracting Officer all infomation obtained from such disclosures. The Contractor will require any employee who will be employed full-time on the contract to agree, as a condition of his participation in such work, that he will not perform consultant or other comparable employment services for another Comission cost-type Contractor under its contract with the Comission except with the prior approval of the Contractor.

H.3 Safety, Health, and Fire Protection The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all "

hazards to life and property and shall comply with all health, safety, and fire protection regulations and requirements (including reporting requirements) of the Comission and the Department of Labor. In the event that the Contractor fails to comply with said regulations or requirements, the Contracting Officer may, without prejudice to any other legal or contractual rights of' the Comission, 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 with such work stoppage. ,

1 H.4 Dissemination of Contract Infomation (OMB Clearance Number 3150-0112) j l

The Contractor shall not publish, permit to be published, or disseminate j to the public any information, oral or written, con:erning the work 2 perfomed under this contract without the prior written consent of the Contracting Officer. Two copies of any information proposed to be published or disseminated shall be submitted to the Contracting Officer.

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

H.5 Private Use of Contract Information and Data l

Except as otherwise specifically authorized by Section H., publication l of contract work of this contract, or as otherwise approved by the )

Contracting Officer, information and other data developed or acquired by l

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RS-ADM-85-250 Page 10 or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract.

H.6 Drawings, Designs, and Specifications All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives., reports, findings, recomendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work . or any part thereto, shall be subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material for its cwn use, be delivered to the Government, or otherwise disposed of by the Contractor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use of infonnation provisions, if any, of this contract. ,

H7 Proprietary Data and Confidential Information '

In connection with the performance of the work under this contract, the Contractor (trade secretsmay)be furnished, oror or confidential may develop technical, privileged or acquire, business, proprietaryor data financial information, including Connission plans, policies, reports, financial plans, internal data protected by the Privacy Act of '1974 (P.L.93-579), _ or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. Contractor agrees to hold such information in- confidence and not to directly or indirectly duplicate, disseminate, or disclose such information in whole or in part to any other person or organization except as may be necessary to perform the work -under this contract. Contractor agrees to return such information to the Commission or otherwise dispose of it either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract. Failure to comply with this clause shall be grounds for termination of this contract.

H.8 Contractor Organizational Conflicts of Interest (OMB Clearance Number 3150-0112)

(a) Purpose. The primary purpose of this clause-is to aid in ensuring that the Contractor: (1) Is not placed on a conflicting role because of current or planned interest (financial, contractual, organizational, or, otherwise) which relate to the. work under this contract, and (2) does not obtain an unfair competitive' advantage over other parties by virtue of its performance of this contract.

l .

RS-ADM-85-250 Page 11 (b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 1

920-1.5402(f) in the activities covered by this clause.

(c) Work for Others. Notwithstanding any other provision of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The Contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause. If the Contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.

(d) Disclosure after award.

(1) The Contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 20-1.5402(a). o (2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement shall include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the Government. >

i (e) Access to and use of information. t (1) If the Contractor in the perfonnance of this contract obtains access to information, such as NRC plans, policies, reports,  !

studies, financial plans, internal data protected by the Privacy Act

, of 1974 (Pub. L.93-579), or data which has not been released to the

', public, the Contractor agrees not to: .

J.

(1) -Use such information for any private purpose until the infonnation has been released to the public; ,

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. RS-ADM-85-250 Page 12 (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on such information until one year after the release of such information to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.

(2) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the information.

(3) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.

(f) Subcontracts. Except as provided in 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this pa ragra ph, in subcontracts of any tier. The terms " contract," " Contractor," and

" Contracting Officer." shall be appropriately modified to preserve the Government's rights.

(g) Remedies. For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest  :

required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract. ,

4 (h) Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Dirtetor for Operations (E00) in accordance with the procedures outlined in 520-1.5411.

~

H.9 Method of Payment (a) Payment under this contract will be made by wire transfer through the Treasury Financial Comunications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.

E RS-ADM-85-250 Page 13 (b) Within seven days after the effective date of the contract, the Contractor shall forward the following information in writing to the Contracting Officer to facilitate wire transfer of contract payments. In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, Contractor shall complete all items except items 7 - 9. In the event the Contractor's financial institution does not have access to the Federal Reserve Communications System, Contractor shall complete all items except item 4.

1. Name and address of organization

2. Contact person and telephone number

3. Name and address of financial institution

4. Financial institutions's 9-digit ABA identifying number for routing transfer of funds

5. Telegraphic abbreviation of financial institution

6. Account number at your financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Communications c System

7. Name and address of the correspondent financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Communications System

8. Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds

9. Telegraphic abbreviation of correspondent financial institution

10. Signature and title of person supplying this information (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.

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RS-ADM-85-250 Page 14 PART II - CONTRACT CLAUSES Section I - Contract Clauses 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR1984)

This contract incorporates the following 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 Section E 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT. (APR 1984)

Section F 52.212-13 STOP-WORK ORDER.-- Alternate 1 (APR 1984) ,

Section I 52.202-1 DEFINITIONS. (APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT. (APR 1984) c 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR 1984) 52.215-2 AUDIT--NEGOTIATION. (APR 1984) 52.216-7 ALLOWABLE COST AND PAYMENT. (APR 1984) 52.216-11 COST CONTRACT--N0 FEE. (APR 1984)--Alternate I. (APR1984) 52.216-15 PREDETERMINED INDIRECT COST RATES. (APR 1984) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (APR 1984) -

52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (APR 1984) 52.220-1 {

PREFERENCE FOR LABOR SURPLUS AREA CONCERNS. (APR1984) +

52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR 1984) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (APR1984) l 52.222-3 CONVICT LABOR. (APR 1984) s 52.222-26 EQUAL OPPORTUNITY. (APR 1984) 1 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND-VIETNAM ERA  !

l VETERANS (APR 1984) l t 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) i 52.228-7 INSURANCE LIABILITY TO THIRD PERSONS. (APR1984) 52.232-20 LIMITATION OF COST. (APR 1984) 52.232-23 ASSIGNMENT OF CLAIMS. (APR1984) 52.233-1 DISPUTES. (APR 1984)

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l 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS. (APR 1984) '

52.243-2 -CHANGES--COST-REIMBURSEMENT. (APR 1984)--Alternate I. (APR l 1984)

! 52.244-2 SUBCONTRACTS UNDER COST-REIMBURSEMENT AND LETTER CONTRACTS.

(APR 1984) 52.244-5 COMPETITION IN SUBCONTRACTING. (APR1984)

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RS-ADM-85-250 Page 15 52.245-5 GOVERNMENT PROPERTY (C0ST-REIMBURSEMENT, TIME-AND-MATERIAL, ORLABOR-HOURCONTRACTS). (APR 1984) 52.246-25 LIMITATION OF LIABILITY--SERVICES. -(APR 1984) 52.249-5 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (EDUCATIONAL AND OTHER NONPROFIT INSTITUTIONS). (APR 1984) 6 9

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RS-ADM-85-250 Page 16 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHiiENTS Section J - List of Attachments Attachment Number Title 1 NRC Organization Chart 2 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20), 12 pages 3 Standard Form 1411 with Instructions, 7 pages 4 Billing Instructions for NRC Cost-Type Contracts, 8 pages i

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RS-ADM-85-250 Page 17 PART IV - REPRESENTATIONS AND INSTRUCTIONS Section Y,- Reoresentations, Certifications and Other Statements of Offerors or Quoters K.1 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (CMB Clearance Number 3150-0112)

I represent to the best of my knowledge and belief that:

The award to the University of Virginia of a contract or the modification of an existing contract does / / or does not / x /

involve situations or relationships of the type set forth in Attachment

, paragraph 20-1.5403(b).

If the representation as completed indicates that situations or relationships of the type set forth in Attachment 2 are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant factors bearing on his representation to the Contracting Officer. If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken:

(a) impose appropriate conditions which avoid such conflicts, (b) disqualify the offeror, or (c) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 5 20-1.5411.

The refusal to provide the representation required by 520-1.5404(b) or upon request of the Contracting Officer the facts required by 920-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for awards; cr if such nondisclosure or misrepresentation is discovered after award; or if such nondisclosure for misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.

K.2 FAR Provisions 52.203-4 CONTINGENT FEE REPRESENTATION AND AGREEMENT. (APR 1984)

(a). Representation. The offeror represents that, except for full-time bona fide employees working solely for the offeror, the offeror--

Note: The offeror must check the appropriate boxes. For interpretation of the representation, including the term " bona fide employee," see Subpart 3.4 of

. , the Federal Acquisition Regulation.

e RS-ADM-85-250 Page 18 (1) / / har, / x / has not employed or retained any person or company to solicit or obtain tbs contract; and (2) / / has, / x / has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(b) Aareement. The offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph (a)(1) or (a)(2) is answered affirmatively, to promptly submit to the Contracting Officer--

(1) A completed Standard Fom 119, Statement of Contingent or Other Fees, (SF 119); or (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation.

(End of provision)

(R 7-2002.1 1974 APR)

(R 1-1.505) 52.215-6 TYPE OF BUSINESS ORGANIZATION. (APR 1984)

The offeror or quoter, by checking the applicable box, represents that it operates as / x / a corporation incorporated under the laws of the State of

..J.frafAfA ............ / / an individual, / / a partnership, / / a nonprofit o "

organization, or / / a joint venture.

(End of provision)

(AV SF 33 1977 MAR)

(R SF 19B, Para 4,1976 JUNE) 52.215-11 AUTHORIZED NEGOTIATORS. (APR 1984)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: '

Name Title Telephone Number  ;

D. W. Jennings Director (804) 924-4299 l Office of Sponsored Programs '

(End of provision) -

(R 3-501(b) Sec X (iv))

52.219-1 SMALL BUSINESS CONCERN REPRESENTATION. (APR 1984)

The offeror represents and certifies as part of its offer that it / / is,

/x / is not a small business concern and that / / all. / / not all supplies to be furnished will be manufactured or produced by a small business concern in the United States, its possessions, or Puerto Rico. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not - dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business

' under the size standards in this solicitation.

(Endofprovision)

(R 3-501(b)(3), Part IV, Section K, (1)(A) 1979 SEP) 1

- RS-ADM-85-250 Page 19 52.219-2 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION. (APR 1984)

(a) Representation. The offeror represents that it / / is, / x/ is not a small disadvantaged business concern.

(b) Definitions.

" Asian-Indian American," as used in this provision, means a United States citizen whose origins are in India, Pakistan, or Bangladesh.

" Asian-Pacific American," as used in this provision, means a United States citizen whnse origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territory of the Pacific Islands, the Northern Mariana Islands, Laos, Cambodia, or Taiwan.

" Native Americans," as used in this provision, means American Indians, Eskimos, Aleuts, and native Hawaiians.

"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.

"Small disadvantaged business concern," as used in this provision, means a small business concern that (1) is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock owned by one or more socially and economically disadvantaged individuals and (2) has its management and daily business controlled by one or more such individuals.

(c) Qualified groups. The offeror shall presume that socially and c

economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, and other individuals found to be qualified by the SBA under 13 CFR 124.1.

(End of provision)

(R 7-2003.74 1980 AUG)

(R 3-501(b)(3), Part IV, Section K, (i)(B) 1980 AUG) 52.219-3 WOMEN-0WNED SMALL BUSINESS REPRESENTATION. (APR 1984)

(a) Representation. The offeror represents that it / / is, / x / is not a women-owned smail business concern.

(b) Definitions.

"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government centracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.

" Women-owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

(End of provision)

(R FPR Temp. Reg 48 1978 DEC) 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES. (APR 1984)  ;

(a) " Segregated facilities," as used in this provision, means any waiting  !

• rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking i

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RS-ADM-85-250 Page 20 lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are i.n fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

(b) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and vill not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

(c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will--

(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): ,

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES.

A Certification of Nonsegregated Facilities must be submitted before the c award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

(End of provision)

(R 7-2003.14(b)(1)(A) 1970 AUG)

(R 1-12.803-10(d))  ;

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (APR1984) i 1

The offeror represents that-- I (a) It / x/ has, / / has not participated in a previous contract or  !

subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No.11114; (b) It /x / has, / / has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

(R 7-2003.14(b)(1)(B) 1973 APR) 52.222-25 AFFIRMATIVE ACTION COMPLIANCE. (APR 1984)

The offeror represents that (a) it / x/ has developed and has on file, / /

,has not developed and does not have on file, at each establishment, affirmative action (41 CFR programs required 60-1 and 60-2), or by(b) it /the rules

/ has notand regulations previously of the Secretary had contracts subject of Labor

. - .- _ ~ _. __

RS-ADM-85-250 Page 21 to the written affirmative action programs requirement of the rules and regulations of the SecretaryEnd (of Labor.

of provision)

(R 7-2003.14(b) 1979 SEP)

(R 1-12.805-4)

Section L - Instructions, Conditions, and Notices to Offerors or Quoters  ;

L.1 Award Notification and Commitment of Public Funds l All offerors will be notified of their selection or nonselection as soon as possible. Formal notification of nonselection will not be made-until a contract has been awarded.

It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government (i.e., the NRC) to expenditure of public funds in connection with this procurement. This means that unless provided in a contract document or specifically authorized by the Contracting Officer, NRC technical personnel cannot issue contract modifications, give informal contractual commitments or otherwise bind, commit, or obligate the NRC contractually. Informal contractual commitments include such actions as:

a. encouraging a potential Contractor to incur costs prior to c receiving a contract,

b. requesting or requiring a Contractor to make changes under i

a contract without fornal contract modifications, j c. encouraging a Contractor to incur costs under a l' cost-reimbursable contract in excess of those costs contractually allowable, and

d. committing the Government to a course of action with regard to a potential contract, contract change, claim, or ,

dispute.

i L.2 Disposition of Proposals '

After award of contract, two (2) copies of each unsuccessful proposal will be retained by NRC's Division of Contracts and unless return of proposals is requested by the offeror upon submission of proposal, all other copies will be destroyed. This notification should appear in any cover letter accompanying the proposal.

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L.3 Proposal Presentation and Format 4

'a . Proposals will be typewritten or reproduced on letter-size paper and will be legible in all required copies.

b. Proposals in response to this Re Proposal shall_ be submitted in the following three (3) separate quest .forand distinct parts:

RS-ADM-85-250 Page 22 (1) One (1) original signed copy of this solicitation package. All applicable sections must be completed by the offeror.

(2) One (1) original and two copies of the " Cost Proposal" shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, " Business /Manacement Requirements."

(3)One (1) original and two copies of the " Technical Proposal"

. shall be submitted in accordance with the guidelines set forth in the paragraph below entitled, " Technical Proposal Content."

Each of the parts'shall be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other. All documents submitted shall have a cover page with the identifying RFP title, the solicitation number, and name of the offeror.

L.4 Business / Management Recuirements A. Cost Proposal The offeror should utilize the Standard Form 1411, Contracting Pricing Proposal Cover Sheet in submitting the Cost Proposal.

Offerors may, however, submit the necessary information in a different format where the offeror's accounting system makes use of the form impracticable, or when required for a more effective and efficient presentation of cost information. In either instance, the infonnation furnished shall include pertinent details sufficient to show the elements of cost upon which the total cost is predicated.

Cost will be evaluated on reasonableness, validity, and reliability.

The " Cost Proposal" must include, but is not limited to, the following:

Material - A detailed listing of items including the quantity, basis of cost estimate, unit cost and sources of cost.

Labor - The basis for the estimated hours broken down by category and task, and the source of labor rates.

Level of effort data shall be expressed in staffhours.

Indirect Cost'- The source and basis of detcmination of all l indirect costs.

Travel - The breakdown of all travel by trips, segregating all tranportation and per diem costs. Copy of the official Government approval of the offeror's travel policy, if granted, or in lieu thereof, a copy of l the offeror's travel policy.

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1 RS-ADM-85-250 Page 23 NOTE: In the absence of a Government approved Contractor travel policy, the prevailing Federal Travel Regulation rates and the clause entitled,

" Travel Reimbursement" in Part I shall apply.

Other - The offeror's fiscal accounting period (Fiscal Year) and the name, address, and the telephone number of the offeror's cognizant Government audit agency.

B. Management The management aspects shall include, but not be liraited to, the following and any data pertinent thereto:

(1) Project scheduling and contingency planning demonstrating a logical progression and integration of the tasks to insure completion within the performance period and without program slippage.

(2) Management organizational structure delineating areas of responsibility and authority under the proposed effort.

Describe the relationship of the project organization to corporate management and to subcontractors, if any. Discuss the functions and authorities of the project manager. c (3) Procedures to periodically review in-house organizational functions, program reviews and controls and subsequent coordination with the NRC.

(4) Management controls expected to be utilized to preclude a contract cost growth.

C. Manpower Availability j

Describe the source of personnel required for perfonnance of each [

task and not presently employed by the offeror. If any of the personnel are under commitment, describe the terms of the ..

comitment(s). Note specifically the personnel that will be on  !

board subject to a contract award.  !

D. Consultants Explain the need for consultant services. List proposed censultants if known by name. For each list show (1) nature of services, (2) fee rate, and (3) total consultant fee and any other allowable related costs which may be involved, such as travel and per diem.

Such fees may not be paid to employees of the Contractor or to employees of the U.S. Government.

e

'. - RS-ADM-85-250 Page 24 E. Subcontractors If the offeror plans to subcontract any of the work to be performed, list proposed subcontractors if known by name. Provide a detailed breakdown of specific work to be subcontracted and the approximate cost involved.

F. Other Contractual Commitments The offeror shall list any commitments with other organizations, Governmental or private, and indicate whether these commitments wjll or will not interfere with the completion of work and sevices contemplated under this proposal.

L.5 Nondiscrimination Because of Age (FAR 22.901)

It is the policy of the Executive Branch of the Government that- (a)

Contractors and Subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bonafide occupational qualification, retirement plan, or statutory requirement, and (b) that Contractors and Subcontractors, or persons acting on their behalf, shall "

not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon a bonafide occupational qualification, retirement plan, or statutory requirement.

L.6 Solicitation Provisins 52.216-1 TYPE OF CONTRACT. (APR 1984)

The Government contemplates award of a cost reimbursement contract resulting from this solicitation.

(End of provision) ,

(R 3-501(b) Sec L (iv))  :

52.233-2 SERVICE OF PROTEST (JAN 1985) >

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, shall be served on the Contracting Officer by obtaining written and dated acknowledgement of receipt from the Division of Contracts; U.S. Nuclear Regulatory Commission; Bethesda, Maryland.

(End of Provision)

O e

RS-ADM-85-250 Page 25 52.215-5 SOLICITATION DEFINITIONS. (APR 1984) 52.215-7 UNNECESSARILY ELABORATE PROPOSALS OR QUOTATIONS. (APR1984) 52.215-8 ACKNOWLEDGMENT OF AMEN 0MENTS TO SOLICITATIONS. (APR 1984) 52.215-9 SUBMISSION OF 0FFERS. (APR1984) 52.215-10 LATE SUBMISSIONS, P001FICATIONS, AND WITHDRAWALS OF PROPOSALS. (APR1984) 52.215-12 RESTRICTION ON DISCLOSURE AND USE OF DATA. (APR 1984) 52.215-13 PREPARATION OF 0FFERS. (APR1984) 52.215-14 EXPLANATION TO PROSPECTIVE OFFER 0RS. (APR1984)

'52.215-15 FAILURE TO SUBMIT OFFER. (APR 1984) 52.215-16 CONTRACT AWARD. (APR 1985) 52.215-18 ORDER OF PRECEDENCE. (APR 1984)

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Attachrer.t 2 PAR

• 20-1 -- GENEPN.

Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.

20-1.5401 Scope and policy.

20-1.5402 Definitions.

, 20-1.5403 Criteria for recognizing contra: tor organizational conflicts of interest.

20-1.5404 Representation.

20-1.5405 Cdntract clauses.

i 20-1.5405-1 General contract clause.

i 20-1.5405-2 Special contract provisions.

20-1.5406 Evaluation, findings, and contract award.

20-1.5407 Conflicts identified after award.

20-1.5408 (Reserved) 20-1.5409 "

' (Reserved) 20-1.5410 Subcontractors.

. 20-1.5411 Waiver.

20-1.5412 Remedies.

AUTHORITY: Sec. 8 Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 520-1.5401 Scope and Policy C

I j (NRC)(a) It is the policy of the U.S. Nuclear Regulatory Comission to avoid, eliminate or neutralize contractor organizational conflicts

! of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with t organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of j contract award.

1 i

(b) Contractor conflict of interest determinations cannot be made

automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest. It is not possible to prescribe j i

j in advance a specific method or set of criteria which would serve to i

identify and resolve all of the contractor conflict of interest situations ,

which might arise; however, examples are provided in these regulations i to guide application of the policy. NRC contracting and program officials i

must be alert to other situations which may warrant application of this policy guidance. The ultimate test is: Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased,

or where it may have an unfair competitive advantage? 3

' (c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other relat'ionships with NRC (e.g., parties to a licensing proceeding) are not

• covered by this regulation. This rule does not apply to the acquisition  ;

cf c:nsulting services through tne personnel ap cintr.ent process, NRC i

1 1

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l t____ _ -.

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_ _ _ _ _ _ . . . . . . . . - . _ . - _ . . _ . . . _ . . _ . . . ~ . _ . . . . . . . _ _ _ .. ~

i.

1 759")-01 (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract. lhe term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract perfomance.

520-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General . Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist: (1) Are

"" there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC? (2) May the contractor be given an ,

unfair competitive advantage based on the performance of the contract?

The ultimate detemination by NRC as to whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be perfomed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.

i (b) Situations or relationships which may give rise to organizational conflicts of interest. (1) The offeror or contractor shall disclose .

.information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:

(1) Where the offeror or contractor provides advice and reconinendations to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organization regulated by the NRC.

I (ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC.

' (iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or

marketing.

l (iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its

~

- judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair cometitive advantage for the offerer er centracter.

7590-01 Guidan:e. An NRC contra:t nomally could be awa-ded te the ABC Corp. be:ause no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the perfomance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.

(3) Example. As a result of operating problems in a certain type of comercial nucle %r facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public. Only one manufacturer has extensive experience with that type of plant. Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that 6 might result from the data produced because tnose decisions affect the reactor's design and thus the company's costs.

Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.

Since the nature of the work required is vitally important in tems of NRC's responsibilities and no reasonable alternative exists, a waiver of c the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.

(4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's perfomance for the purpose of developing standards that are important to the NRC program. The ABC Co.

has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.

Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no infomation produced under the contract will be used in'the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes infonnation to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others. Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.

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- 7593-01 ORGAN:3T:0ha. CONFLICTS OF INTERES RE:' RESENT ::S l I represent to the best of my knowledge and belief that:

the University The award to of virginia of a contract or the modification of an i

existing contract does ( ) or does not (x) involve situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1).

(c) Instructions to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR ~

s20-1.5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If the contracting officer determines that organizational 6 conflicts exist, the following actions may be taken: (1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the cfferor, or (iii) detennine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 520-1.5411.

(2) The refusal to provide the representation required by 120-1.5404(b) or upon request of the contracting officer the facts required '

by 120-1.5404(c), shall result in disqualification of the offeror for awa rd. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.

(d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from 4 the statements of work contained in a RFp unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror i will be considered by the NRC in the evaluation of proposals. If the i NP.C considers the proposed excluded work to be an essential or integral part of the required wrk and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be .#

rejected as unacceptable.

(e) The offercr's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be F

considered to be a minor informality, and the offeror will be permitted to correct the omission.

I 20-1.5405 Contract clauses 5 20-1.5405-1 General contract clause

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: or tne rc'. east ci s;;*,inicema.:ct t; the public, whichever is first,-(iii) submit an unsolicited proposal to the government based on such information until one year af ter the release of

, such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such information has previously been released to tne public by tne NR .

' (2) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions j placed on use of the information.

(3) The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces

• i unoer this contract for private purposes provided that all requirements of this contract have been met. .

(f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h), the con:racter shall incluce tr.is clause, inciuding tnis paragrapn, in

subcontracts of any tier. The terms " contract," " contractor," and

" contracting officer." shall be appropriately modified to preserve the o

! government's rights.

{ (g) Remedies. For breach of any of the above proscriptions or _for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from i

subsequent contractual efforts, and pursue other remedies as may be

permitted by law or this contract.

(h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive s Director for Operations (EDO) in accordance with the procedures outlined in 5 20-1.5411. ,

! I20-1.5405-2 Special contract provisions. '

I. (a) If it is determined from the nature of the proposed contract i_

' that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a

! . waiver in accordance with 520-1.5411, neutralized through the use of an t

appropriate special contract provision. If appropriate, the offeror may i

' negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include

but are not limited to: -

1 i '

-9 i

I. . ,_ _ _ _ _ . __ _ . -. ___

i

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(c, Avcic or eliminate sucn conflicts by appropriate measures; or (c) Award the contract under the waiver provision of !20-1.5411. l 520-1.5407 Conflicts identified af ter award.

If potential organizational conflicts of interest are identified af ter award with respect to a particular contractor, the contracting officer determine 9 that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 120-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, af ter obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.

520-1.5405 (Reserved)

20-1.5409 (Reserved) 120-1.5cl0 Subcontra:ts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with 120-1.5404(b) from '

subcontractors and consultants. The contracting officer shall require the contractor to include contract clauses in accordance with 120-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.

I20-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director. Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.

Such action shall be strictly limited to those situations in which:

(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict. For any such waivers, the justification and approval occuments shall be placed in the Public Document Room.

e i 5aL Lii A i no,s.s vee nmo oi. .c A i .O..

ATTACHMENT 3

., Odd.BKCT PRICING PROPOSAL COVER SHEET "?tS-ADM-85-250 l ~ 69o.o33s NOTE Tn.s f nem .s utr<f .n cmveeri actions of submission ef cost ce ne.eina data es ettwrtd Isrc /A R f 5 80.t 6tN8 2.f44'e*L .nNi.d.bOH( W 06 ( 8 6 $ k 6* t 8 H ll4f Na t /ll' L oat e J an Pe A Y t AND 1 ai LL Of U6 i L 64 t 64 $ 61.ir41 Jb ILLiFHC8NLI4V OF CONT AC T Univsralty Of Virginia Nuclu r Engineering & Engineering Physics Dr. W. R. Johnson (804) 924-7136 Thsrnton Hall 4 TYPE 08 CONW ACT ACTIUN rrheres Chrrlottesville, Virginia 22901 l A NFW CONTR ACT D Lt TT E R CONTR ACT B. CHANCE ORDE R E UNPRICE D ORDE R C. PRICE RC VISION '

U'"'*'*"8 RE DE T E RMIN ATION k Contract MJdification 5.TvrE OF CON 1 R Ac t scarra r 6 PROPOSED COST t4.N ci

]FFr CPFF CPIF CPAF I C6?,1 8 PRO 7 st.F EE C.10TAL F PI ] OTHER tspec.f>> S 46,903 S S 46,903

7. PLAC Eis ANO PER OOts OF PcRFORMANCE Period 9/1/85 - 8/31/86 University of Virginia D:prrtment of Nuclear Engineering & Engineering Physics 6 List and re'erence the identification. Quantity and totar price proposec for each contract line item. A i+ne stem cost breasdown sucporting this recap is re cuireo unless otherwise specntied Dy the Contracting Ottocer tcontansne on reverse. end then on piesn paper, if necessary. Use esma hrsdunse o A LINE ITEM NO B IDENTIFICATION C. QU ANTITY O TOTAL PRICE E REF I. Personnel 31,333 I II. Fringe Benefits 6,189 II III. Indirect Costs 9,381 III TOTAL $46,903 c

i

9. PROVIDE NAME. ADDRESS. AND TELEPHONE NUMBER FOR THE FOLLOAING tif seents6 des A. CONT R ACT AOMiNISTR ATsON OF F ACE 8. AUDIT OFF eCE Univ 2raity of Virginia (804) 924-4299 l

Offics of Sponsored Programs Same as 9A D. W. Jennings, Director P.O. B:x 9003, Charlottesville, Virginia 22906 lo. WiLL vou R EQuiR E TME USE OF AN Y GOVERNMENT PROPER T v 11 A. 00 vou R EQua R E GOVE RN. 118. T V PE OF FeNANC6NG te ones IN THE PERFORMANCE OF THIS WORKt(If "Yes." adentify) MENT CONT R ACT FINANCING TO PE RFORY THIS PROPOSED ADVA'4Cc PROGR ESS CON C T P (if "Yes." complete PAYMENTS PAYMENTS hYES X NO @YES ONO cuAaAsTEso 'OANs

12. MAVE YOU BEEN Aw AROED Ahv CONTRACTS OR SUBCONTR ACT$ 13. 85 TMis P ROPOS AL CON 585T E NT w t T M VOUR EST a* BL e5ME O ESTi.

FON THE SAME OR SIMILAR ITEMS WITMIN THE PAST 3 YEAR 58 MATING AND ACCovN fING PR ACTICES AND PROCEDURES ANC 11/ "Ydis." sdentify itemist. eustomer(s) and contract numberts)) F AR PART 31 COST PRINCIPLE 5? (if "No,"espgesn)

YES NO

]YES NO NRC Contract #NRC-10-82-424 #4 I

( 14. CC;ST ACCOUNTING STANDARDS BOARD (CASB) DATA tru6fic Lear 97 3 79 as amended and FAR PART 30s A, ws L THIS CONT RACT ACT*ON 8E SvBaECT TO CASE REGv.A. 8. MAVE YOU Suet /t T T E D A CASO OtSCLOSUR E ST ATEMEN T T SON 5' lif "bo." espiesn in propasstl (CASB DS.I or 2s? 111"Yes."specub sn proposal tne offset to surisch submstted and it determsned to be adequate) j [YES NO YES NO C. mA v E YOU BEE N NOT s Fs E O T HAT YOU A R E O R M A v BE IN NON. O. e5 ANv ASPECT 08 T Me5 PROPOSAL 4NCONSsST EN T W 6 TM vovR COMPLIANCE wlTM YOUR Ot5 CLOSURE ST ATEMENT OR COST OtSCLOSED PR ACTICES OR APPLICABLE COST ACCOUNTING ACCOUNT ING ST ANDA R 051 til " Yes."esplean in proposc!) ST AN D A R D5 ? (If "Yes." espionn in proposel)

YES NO YES [NO Tras cecoosa, is submitted in resconse to teeRFP contract modefecation.etc. in item 1 and refiects our best estimates and/or actsa! costs as o' this date

15. NAME AND T 6 T LE (T> pes 16. N AMt. OF F s R Y l D.'W. Jennings, Director University of Virginia

17. 5 Grv AT RE la. DATE Cr SvBM6h5 ION f( #

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% 754G-01442-9445 1431 101 STANDARD FORM 1411 (IC-83:

Presciabeo Oy GSA e t.s. Gutkiimmt.i PRIET1 sic 0FT13a 696. 434-96' F AR (49 CF R) 53.215 2tc) o-- - . . . - . _ , , _ _ _ _ - - . ____-+

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1 BUDGET >

9/1/85 - 8/31/36 I. Personnel 1 A. W. R. Johnson, Principal Investigator 50% Effort A/Y (or 80 Hrs./ Month) at $47,000 A/Y $23,500 50% Effort. Summer (3 Mos.) at $47,000 A/Y ,

7,833 Subtotal Personnel $31,333 II .. Fringe Benefits (See Attached Negotiated Rates)

$23,500 A/Y X 24% $5,640

$ 7,833 Suct. X 7% 549 6,189 Total Direct Costs $37,522 .

i III. Indirect Costs - 25% Modified. Total Direct Costs '

(See Attached Negotiated Rates) ~~9,381

. TOTAL BUDGET $46,903 o

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RATE AGREEMENT COLLEGES AND UNIVERSITIES INSTITUTION:

DATE: FEB 151985 University of Virginia Cerruthers Hall FILING REF: The preceding P.O.

Agreement was dated:

Box 9002 March 7, 1984 Chselottisv111e, Vi e g in i a 22906 -

P a

j 1

The cates approved in this Agreement are for use on grants, contracts and l

other agreement with the Federal Government, subject to the conditions in Soction II.

i j SECTION I: RATES i

Effective Period Tyoe Prom To Rate Locations Apolicable To

, INDIRECT COST RATES

• P (Fixed) 7/1/83 6/30/84 50.01(1) (a)

(Fixed) 7/1/83 (c) (d) (e) 6/30/84 25.0t(1) (b)

Pred (c) (d) (e) 7/1/84 6/30/85 50.0t(2) (a) (c) (d) (e)

Pred 7/1/84 6/30/85

• 25.01(2) (b) (c) (d) (e)

Pred 7/1/85 6/30/86 Pred 52.01(2) (a) (c) -(d) (e) 7/1/85 6/30/86 25.01(2) (b) (c) (d) (e)

(a) On-campus (d) Instruction (b) Off-campus (See Special Remark 1) (e) Other Spon'sored Programs (c) Research e

• Base: (1)

Modified total direct costs consisting of salaries and wages, fringe benefits materials and supplies, services, travel, and computer costs.'q(See Special Remarks 2 and 3) 4 (2)

Total direct costs less individual items of equipment in excess t.

7.

of_$500.00, subcontracts and.subgrants, alterations and renovations, patient care costs, stipends, tuition payments and d

rental costs of off-campus facilities.

I

'. ..'?.

$ ~,

Pg 2 of 3 RATE AGREEMENT COLLEGES AND UNIVERSITIES INSTITUTION: University of Virginia DATE: -

S$CTION I: (Cont'd from Page 1)

Fringe Benefit Rates:

Effective Period Tyue From To Rate Locations Aeolicable To (Fixed) 7/1/82 6/30/83 18.51 (Fixed) All Salaried Employees 7/1/82 6/30/83 7.0% All Fixed 7/1/83 Hourly Employees 6/30/85 25.0% All Salaried Employees Fixed 7/1/83 6/30/85 7.5%

Fixed All Hourly Employees 7/1/85 6/30/86 24.0 All Fixed 7/1/85 Salaried Employees 6/30/86 7.0% All Hourly Employees

• Base: Salaries and wages.

Treatment of Fringe Benefits: Vacation, holiday, sick leave pay, and other paid absences are included in salaries and wages and are charged to grant: c and contracts as part of the normal charge for salaries and wages.

Separate charges for the costs of these absences are not made. The following fringe benefits are included in the fringe benefit rate: FICA, workmen's compensation, unemployment compensation, health insurance, life insurancs, disability insurance, pension costs and TIAA/CREF.

SECTION II: SPECIAL REMARKS

1. Off-camous Definition:

owned by the University areAll activitiesoff-site.

considered conducted in facilities not Project Annortionment:

Projects partially performed off-site are apportioned between their on-site and off-site components. If 70% or more of the indirect cost rate base costs of the project are determined to be on-site, the entire project is considered on-site. If less than 30% of the i n'd i r ec t cost rate base costs are determined to be on-site, the entire project is considered off-site.

2.

All awards issued after August 18, 1980 should use the rates computed on the modified total direct cost base.

3. Effective July 1, 1981, indirect cost rate base.

all subcontracts costs are excluded from the I

1.

• .~ ,. ,INSTITUT*;;N: Vnivarsity of Virgi: iia.

• Pg

, , off 3 AGPIIMINT DATE: FEB 151965 SECTICN II: GENERAL ,

A. _ LIMITATIONS:

limitations andThe rates 1;oin a this Agreement are subject to any statutory or administrative

! apply given grant, contract or other agreement only to the extent that funds are available. Acceptance of the rates is subject to the following conditions:

i (1) Only costs incurred by the institution were included in its indirect cost pool as finally accepted; such costs are legal obligations of the institution and are allowable l under the governing cost principles; (2) The same costs that have been treated as indirect costs are not claimed as direct costs; (3) Similar types of costs have been accorded consistent accounting treatment, and (4) The infor=ation provided by the institution which' l

was used to establish the rates is not later found to be materially inecmplete or inaccuratt l B. ACCOL"ITING CHANGES: )

L If a fixed o'r prederemined rate is in this Agreement, it is based i i on :ne accounting' period. system purported by the institution to be in effect during the Agreement 1

! Changes to the method of accounting for costs which affect the amount of reim- I bursement resulting from representative of the cognizan: agency. the use of this Agreement require prior approval of the authorized changes in the charging of a particular type of cost from indirect to direct.St.ch Tallure chanj i

to obtain approval may result in cost dish 11owances.

C. . FIXE 3 RA*T.5:

If a fixed rate is in this Agreement, it is based on an estimate of the costs for the period covered by the rate. When the actual costs for this period are determined, an adjustment will be made to a rate of a future year (s) to compensate for D.

the difference between the costs used to establish the fixed rate and actual c .

_U_ SE BY OTHER FE*:EPAL AGE'ICIES:

The rctes in this Agreement were approved in accordance with ne authcrity in office of Management and Budget Circular A-88, and should e be Circular A-21, subject to any limitations in A above.to grants, contracts .

u get a of the Agreecent Agreement. to other Federal Agencies to give them early notification of theThe insti E. SPECIAL PIMARKS: See Page 2.

l-i

)

BY THE INSTITUTION: BY THE COGNIZANT AGENCY ON BEHALT OF THE TEDERAL GOVERNMENT:

University of Virginia (Institution) DEPARTMr HEALTH AND HUMAN SERTICES (Agen y /

-h Y. Y (Signature 1 )

(Signature)

A

/

sj f j Charles T. Gillet

}Name)

• Peter t[. Nestor

~(Name) Director ~

Assistant Vice President for Finance . Div. of Cost Allocation l Gi:le) l Feb ruary 21, 1985 '

(Cata) FEB 151985 -

(Date) g.d"'"*r

• " ( UN I*F~**>f'** **') -

J hn Cartnev 215/596-6423

.HHS Representative Telepnene ~

l'

., - *.. ATTACHMENT 4 (REVISED - 2/82)

F BILLING INSTRUCTIONS FOR NRC COST-TYPE CONTRACTS

General. The contractor shall submit vouchers for cost-reimbursement in the manner and format described herein and as illustrated in the sample voucher.

Number of Copies.. An original and four copies should be mailed to the NRC office identified below.

Frequency. The contractor shall submit claims for reimbursement once each month unless otherwise authorized by the Contracting Officer.

Form. Claims shall be submitted.on the Form DC-3 " Voucher for Purchases c l and Services Other Than Personal." These forms are available from the Contracting Officer. (The instructions for preparation and itemization of the voucher are shown on the form.)

- Billing of Costs Afte'r Expiration of Contract. If costs are incurred during the contract period and claimed after the contract has expired, the period during which these costs were incurred must be cited.

l E

Currency. Billings may be expressed in the currency normally used by .

the contractor in maintaining his accounting records; payments will be

made in.that currency. However, the U. S. dollar equivalent for all 4

invoices paid under the contract may not exceed the total U. S. dellars authorized in the contract.

Supersession. _These instructions supersede all previous billing instructions. .

S

( Attachment 7 I

b

E

,. s.

'. -lNSTRUCTIO,15 FOR PREPARING COST

-~

TiiFORMAYl'0'N F0R TIFICT0YfRACTS

' reparation and Itemization of the Voucher._ The contractor shall furnish the information set (Erth in the explanatnry notes below. These notes are keyed to the entries on the sample voucher.

Pavor's Name and Address. (i) Address the original voucher (with 2 copies) to: U.S. Nuclear Regulatory Commission, Division of Accounting and Finance, Office of Resource Management, ATTN: GOV /COM 'ccounts Section, Washington, D.C. 20555.

Any questions regarding you-hers yet to be paid by the NRC should be

., addressed to Division of Accounting (301-492-7535). Any cuestions recarding vouchers for which payment has been received (either in full or partially with suspensions or disallowances) should be ad-dressed to the Contracting Officer. .

Payee's Name and Address. Show the name of the contractor as it appears in the contract and its correct address; except when an approved assign-ment has been made by the contractor, or a different payee or addressee has been designated, then insert the name and address of the payee.

Indicate the individual responsible for answering any questions NRC may have reoarding th invoice (name and phone number).

(a) Contract Number - I'nsert the NRC' contract number.

(b) Title of Pro.iect'- List the full title of the project being performed under this contract.

(c) Voucher Number - Insert the appropriate serial number of the voucher beginning with 001 'for this contract. Contractors may also include individual internal accounting numbers in addition to the three digit number.

(d) . Date of Voucher - Insert the date the ' voucher is prepared.

(e) Contract Amount - Insert the total estimated cost of the contract, exclusive of fixed-fee.

(f) Fixed Fee - Insert total fixed-fee (where applicable).

(g) Billing Period - Insert the beginning and ending dates (day, month,

.and year) of the period in which costs were . incurred and for which

-reimbursement is claimed.

a

- .~ . a ._ .

. - . ~ .

> , . - m. ..

i *

(h) Direct Costs - Insert the major cost elements.

! (1) Direct Labor _ - This consists of salaries and wages paid (or l accrued) for direct performance of the contract itemized as follows:

4

Labor Labor Hours Cumula tive

{ Category Negotiated Hours Billed Rate' Total Hours Billed I (2) . Fringe Benefits - This represents fringe benefits applicable

! :to direct labor and billed as a direct cost. Where a rate is used, 3 indicate the rate. Fringe benefits included in direct labor should j

not be identified here.

~

. (3) Direct Equioinent For educational institu-

tions list each item costing 5500 or more, and having a life e>.pect-I ancy of more than one year. For contractors other than educational

. institutions' list each item costing $200 or more, and having a life

! expectancy of more than one year. List only those items of equilment for which reimbursement is requested.- A reference shall be made to the. following (as applicable): (1) the item number .for the. specific j piece of equipment listed in.the property schedule 'of the contract; j (2)~ the Contracting Officer's approval :1etter if the equipment is i not covered by the property schedule; or (3) be preceded by an ast-erisk (*) if the equipment is below the approval level . Further 3

itemization of vouchers shall only be required for items having

specific limitations set forth in th~e contract.

! .(4) Materials, Supolies, and Other Expendable items - These are #

! consumable materials and supplies and equipment other than that l 4escribed in (3) above.

I (5) Premium Pay - This is remuneration in excess of the basic hourly rate. (Requires written approval _ of LContracting Officer.)

(6) Consultants' Fee . The supporting information must. include the .

name,-hourly or daily rate'of the consultant and reference the: NRC approval (if not specifically approved in the ~ original contract). .

J (7) Travel - Domestic travel is travel within the United States, j i its territories, possessions, and Canada; it should be billed

separately from foreign travel . Travel costs billed will provide {

4 for individual 'Per Diem, and all supporting information for each; I trip taken. ..

3

. l i .

i ~

y - 2 f g . ,i ,

' " ~

. = . . - , _. - - _ . _ , . u_,._._..

+ . > ..

All costs associated with each trip must be shown in the following format : (Unless the organization's travel policy has been negotiated and approved by NRC)

Day Traveler Destination Purpose Cost from To From To

1. Airfare

2. Rental Car ~ ~ ~ -

3. Local Trave'l

4. Per Diem Days 0

5.

• Meals:

Date Breakfast lunch Dinner If not included in Per Diem.

6. Tips, Misc.

(Itemize if more than 510,00)

(8) Subcontracts - Include all costs paid to approved subcontractors during billing period. This includes the cetails of the subcontract terms (i.e.,

cost-plus-fixed-fee, direct labor. indirect costs.. travel, profit, etc.)

e (9) Other - List all other direct costs by cost elements and dollar amount sepa ra tely.

IO Indirect Costs--Overhead - Cite the formula (rate and base) in effect during tne time tne cost was incurred and for which reimbursecent is claimed.

(j) Fixed-Fee - If the contract provides for a fixed-fee, it must be claimed as provided for by the contract. Cite the formula or method of computation.

Contractor may bill for fixed fee only up to 85% of total fee.

(k) Amount Billed for Current Period - Insert the amount billed for the major cost elements, adjustment, and adjusted amounts for the period.

1 s

f

- - , - - _ - _ - - - - - - - - -- _ __ _ - - - . - - - - . - - - _ _ . - - ---.-------_--__----.__--_--.-a

(1) . Cumulative knount from inception to Da_te of this,_ Billing - Insert the

- cumulative amounts billed for the major cost elements and adjusted amounts claimed during this contract.

(m) Total Amounts Claimed - Insert the total amounts claimed for the current and cumulative periods.

(n) Adjustments - This includes amounts conceded by the contractor, outstand-ing suspensions, and disapprovals subject to appeal.

(o) Grand Totals

(

C

.. s e

- 4-

• +

b d 0 i'

W- - - ,- -

4

,y u ,,

10JCHERS FOR PURCliASLS AGO. 5LRVICES OlHLR lilAN PLH50NAL SAMPLE VOUCHER _

Payor's Name and Address .__

The U.S. Nuclear Regulatory Commission (a) Contract Number NRC-10-81-6L4 Division of Accounting and Finance (b) Title of Project " Study of Nuclear 1='aste Office of Resource Management Concepts" __

Attention: GOV /COM Accts Section Washington, D.C. 20555 Payee's Name and Address (c) Youcher Number 003 ABC (ORPuRRT6R The National Bank (d) Date Voucher P cpared 10/18/82 100 Main Street or Anywhere, U.S.A. ,

,Anywhere, U.S.A. Assignee for ABC CORP. (e) Total Estimated Cost of Contract Anywhere, U.S.A. 5350,000.00 (When Payments Assigned) indiivioual to Contract (f) Total Fixed-Fee Regarding This Voucner. S17,500.00 Name: fiar_ry_ Murphy Tel. No.: 215-321-8654 .

l(g) This voucher represents reimburseable costs from 3/1/82 *nru

. 3/30/8? .

Anount Billed (k) Current Period (1) Incention to Date l(h) Direct Costs (1) Direct Labor

• S2.400 S6.S00

! (2) Tringe Benefits P 16.5 L c I jifcomoutedaspercentace) 600 1.700 _

! (3) Direct Ecutoment

• 6.000 S.000 (4) Itaterials. Supolics and

. .Other Expendable Items *

~~ ~ ~

2.000 - ~ ~ ~ ~

4.000 (5) fremium Pav 166 ~ ~

150 ~

! (6) Consultants = 10F~ 100] ~

(7) Travel - Domestic ,=_, _j i 200 200_ ,

i Foreion *

(8) Succontract

• 200 ,

200 (9) Otner Costs

• 3,000 9.00_0 (i) INOIRECT COSTS A) Overnead 100 0 of Total Direct Costs 513,600 (Indicate Base) 529.650 l ,

l Subtotal 527.200 559.300 _

B) General & Administrative Expense 3.264 6.450 12 L of Cost Elements Nos.1-9. A Total. Costs $30,464 565.750 (j) FIXED-FEE EARNED (Formula) 1,523 3.400 _ _

(m) Total Amounts Claimed $31.987 569.150 (n) Adjustments

. Outstanding Suspensions

• 1.700 1.700 (o) Grand Totals $30.287 567.450 _,

l*(AE0VIRESSurPORTINGINF0F.MATION.)

i .tS~E A1TACHED.)

DC-3 ~ /.T 5.-

L_- - -

.. ,-s .

, SAMPLE SUPPORTING INFORMATION

1) Direct Labor - $2400 Labor Labor Hours Hours Category Cumulative "Negotia ted Billed Rate Total Hours Billed Senior Engineer I 2400 100 $14.00 $1400 975 Engineer 1500 50 $10.00 465

$500 Co.,puter Anal'yst 700 100 S5.00 5500 320 T2400 1

3) Direct Equipment Spectrometer - General Electric (as approved in Property Schedule) $5,000

4) Materials, Supolies & Other Exoendable Items '

10 Radon Tubes 9 5110.00 = $1100.00 6 Pairs Electrostatic Gloves 9 $150.00 = $900.00

~

e i . 5T00T 00

5) Premium Pqy, Walter Murpny - 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />,9 $10.00 Per Hour = $100 (This was approved by NRC in letter dated 3/6/82.)

a

6) Consultants' Fee Dr. Carney - 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> 9 $100 = S100

7) Travel Date Traveler Destination Purpose Costs From To From To 3/1/82 3/6/82 William King Chicago Wash., Meeting with 1) Airfare 580.00 Il DC Project 2) Rental Car ST5.00 Of ficer 4) Per Diem - 2 Days 9 550.00 = $100.00

6) Tips, Misc. $5.00 TOTAL: $200

- .. . - = . - - . . , - ... - .- -- - _ _ .

o . * , ,

I, 8) Subcontracts XYZ CORP. (CPFF)

Direct Labor: - 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> 0 $20.00 per hour = $1600.00 0/H 0 50% = $800.00 Travel - 2 Trips - Wash. , DC 'O $200 =

$400.00 to Boston, MA Profit 9 7% =

$200.00_

TOTAL: T3U00.00 (j) Fixed-Fee (Formula)'

(5%)

$350,000 X 5% = S17,500 Total Fixed Fee for this Contract

$27,200 X 5% = $1360 Fee Billed for this Period (n) Adjustments

$1700 - Indicates. amount withheld from voucher #001, now approved by Contracti Officer letter 3/10/82.

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6 9

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