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UNITED STATES ( (I i NUCLEAR REGULATORY COMMISSION l h E E
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FEB 27 1984
-MEMORANDUM FOR: Kellogg V. Morton, Chief Technical Contracts Branch Division of Contracts, ADM FROM: James A. Norberg, Chief Human Factors & Safeguards Branch, DF0, RES
SUBJECT:
CHANGE OF PROJECT MANAGER FOR RES RFPA NO. RES-84-113 This is to advise you that Philip Ting, who was designated as the project manager for RES RFPA No. RES-84-113 with Battelle Columbus Laboratories, will no longer be project manager. Please modify the contract to indicate that Stanley Turel is the project manager. Mr. Turel can be reached on 443-7679.
.9 _ y b 2Gc- m k ' 452 b James A. Norberg, Chief Human Factors & Safeguards Branch Division of Facility Operations, RES cc: W. E. Forehand, RES e37@3hTh3D - b
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' - U.S. Nuclear Regulatory Commission 3 ~* 'U* " *UE 5 Division of' Contracts ' o, i . r s.,
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Battelle Columbus Laboratories N/A 5,.,,,,. ATTN: Mr. John Davis
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] (OoEl U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Divis' ion of Facility Operations - RES Office of Resource Management ATTN: Phillip Ting, MS 1130 SS Division of Accoun< ing and Finance Wash., DC 20555, Ai;TN: GOVICOM_6ccounts-.
- 3. TwA reocuetutNT WAS O >>Vi '>sra. ~>co'i o. v su ~' io O n o u.s.C. 2 30 s I.R I Q d a u s C. 232 IcI ) , _
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B&R No. 60190102' FIN B8997 $195,056
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et t M N D. SUPPLit i/ S L 8 vtC2.$
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- 1. The contractor shall perform research entitled, "Quantification Through Experimentation of the Source Term Likely to Result from Sabotage of Spent' Fuel Shipments" L Tasks 1, 2, and 3 Total Est imat ed Cost: $181,262 Fixed Fee : 13,794 Total Estimat ed Cost Plus Fi xed Fee $195,056 Q 1 A e.:, 9 e A l'S A '
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2i. :n (Estimated) iom Auoum or comaAcv s 195,056-CONTRACTING OFFICER -it'lLL COMPLETE BLOCK 22 OR 2(. AS'Al*PlJCA BLE * '
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CONTRAcilhG 0FFLER MAR 01 1984-kellogg V. Morton i h}-[ U
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s NRC-04-84-ll3 Page 3 C.
Notwithstanding A. and B. of this Article, said provisional overhead and research burden rates may be adjusted as appropriate during the term of the contract upon the acceptance of such revised rates by
, the Contracting Officer.
- 6. On page 17, Article-V, add the following:
Key Personnel M. A. Walters R. J. Buriam B. D. Trott M. R. Kuhlman Neil E. Miller
- 7. On page 19, incorporate the following:
Project Officer Phillip Ting
- 8. On page 21, add the following Special Provision:
5.12 Tacilities Capital Cost of Money (July 1981)
(a) Tacilities capital cost of money (Cost of Capital Committed to Facilities) is an imputed cost determined by applying a cost of money rate to facilities capital employed in i
support of contracts. A cost of money rate is derived from a comon source and uniformly imputed to all con-tractors. Capital employed is determined without regard to its source as between equity or borrowed capital. The j
resulting cost of money is an imputed cost and is not a form of interest on borrowing as discussed in 1-15.205-17.
(b) Facilities capital cost of money is an allowable cost provided (i) the contractor's capital investment is measured, allccated to contracts, and costed in accordance with CAS 414, and (ii) the contractor maintains adequate records to denfonstrate compliance with item (i).
(c) Cost of money for facilities capital need not be entered
' on the company's books of account. liowever, a memorandum entry of the cost shall be made. All relevant schedules, cost data and other data necessary to fully support the entry shall be maintained in a manner to permit audit and verification.
(d) Cost of money which is calculafed, allocated and documented in accordance with these regulations shall be deemed an
" incurred cost" for reimbursement purposes under cost type contracts, and for progress payment purposes under fixed-price type contracts.
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Table of Contents Cover Letter Table of Contents SF 33, " Solicitation Offer and Award;" Representations, Certifications, and Acknowledgments, Part I Schedule, Part 11
' Article I -
Statement of Work Article II -
Period of Performance Article III - Consideration and Payment-Article IV -
Overhead / General and Administrative Rates Article V -
Key Personnel Article VI - Technical Direction Article VII - Project Officer Article VIII- Travel Reimbursement Article IV - General Provisions / Alterations Article X - - Evaluation of Option PART III - ATTACHMENTS NRC Contractor Organizational Conflicts of Interest Attachment 1 CFR Part 20) ,
NRC Organization Chart Attachment 2 Proposal Summary and Data Sheet Attachment 3 Optional Form 60 Attachment 4 General Provisions Attachment 5 NRC Manual Chapter 3202 Attachment 6 Billing Instructions Attachment 7 98 e
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SOLICITATION. OFFER AND AWARD ..,~ 1 35
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88 5. Nuclear Regulatory Coninission
, Oivision of Contracts
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. snington, D.C. 20555
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- PRINCIPAL PLACE OF PERFORMANCE:
DUNS NO:
Page 2 of 35
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REPRESENT ATIONS. CEWTIF IC ATIONS AND ACKNOWL EDCME NTS
>RE FRESE.NTATIONS sches a or compiese att avut.cao e bones or clocas I The offco ret reients as carJ of h.s offer that
- 1. SMALL SU$sNEis t$er var 14 0n 5F 3] A l he ! es. C .s not a trnalt bus. ness conce'n fl of fe'or .5 a small bus. ness concern and is not the manuf acsueet of tne suophes offe'ed.
- e;r also represents that ..I suppl.es to be furnis' sed hereun oar C will. C well not, be manufacturered or produced by a small business conteen
.n the Umteo State, s possessions, or Puerto Rico
- 2. MINORITY BUSINESS ENTERPRISE -
He C es. C es not. a mmoney bus. ness enterprise. A menority business enterprise is defmed as a " bus. ness. at least 50 pe' cent of whica es owned by menority group members or,m case of pubi.cly owned bus.nesses, at least $1 percent of the stoca of which es owned by m ncesty group members." Foe the purpose of this cefmetion. mmority group members are Negroes. Span.sh speam mg American pe r so ns.
American4r.entaes. American-indians. American Esmemos. and American. Aleuts.
- 3. REGULAR DE ALER - MANUF ACTURER tApptocable only to suupty contracts escrearng $10 000.1 He es a C regular cwer in C manufacturer of the suppiees offered.
- 4. CONTINGENT FEE 15ee par 15 on SF 31 A.s tan he C has. : nas not, empsoyed or retasned ans company or persons father than o fuit rume r>ona face emutare, wraung soiety o or the offero*# to schces or secure this contract, and fbl he 2 has. O has not. paed or agreed to pay any company or person rutner thass e f.ft reme cons /,ce reno,o,er nora,,,p so/ery for the o//crort any fee, comm.ss.on percentage or oroterage fee contengent i.pon or resulting from the award of thus contract. and agrees to furnish information selating to tal and (bl above, as requested by the Contract ng Off.cer tinterpre-tatoon of the representation ounciscong the term " bona free er p.' oyer."see Code of Feceral Regutarrons. Totle 41. Succart 113 e
- 5. TYPE OF BUSINESS ORGANIZATION He operates as C an mo.v. dual. O a partnershep. C a nonprofet ersartrat on.2 a corpnrat on. .ncorporaiec under tne la ns of sne State of E. AF FILI ATiON AND IDE NTIFYING D AT A IAppisca0/c arr/r to savertised sol,catarsor:s s Ea:n off eror snan comosete tal and (b) et apoi.canie. and ici beso*
ist Me C s. C es not owned or controlied by e parent company. /See per. f 6 on SF 13 4.s (bf 18 the offerot es owned or controlled by a parent company. he shall enter n ethe bloc ~ sa below the name and maan office addrest of tne pa'ent company:
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- 7. EOUAL OPPORTUNIT Y f al He O has O has not. pari c. pated .6 a prev.ous conirect or suocontract subieci e.iner so tne Ecuai Cooortua i ciause aerem or the clause orrginali, conta.ned in section 301 of Esecut.ve Order No 10925. o the clause conta.ned in Sect.on 201 of E secuteve Order No 11114. that he O has O has not. fined asi re au. red comoriance reooris. ano inai rearesentai.ons indicating suom.ss.on of reau,reo comoiece reports. signed Dv proposed subcontractors. wilt be cetamed prior to wocontract awards iThe abo e representation need not be womettee m cont'eCtion w.th contraC1s or %bContracts wn.Ch are esemot from the caust oooortun tv clause.8 tus The e.dder for off erori represents that til he O has deveicoed and has on file. C has not ne...coe. and nees noi aa .e on fue at eacn estachshment affermative action programs as recu red by the rules and regulations of the Secretarv of Lamor let CF R 60 t and 60 21 or 121 he O hcs not crew ousiv had contracts suotect to tna written affermative action orograms recuitement of the rues aan regulations of sne Secretarv of Laoor. s The soove representation short or ccmbiered av enter crecer for otterors wnose are totters as $50 000 or mors ants evno nas
$U or more emoracers o CE R TLF 6CA TsONS *Checs or como ere are acor,caore scars or coocasi
- 1. SUY AMERICAN CERTIFICATE The offeror certef.es as part of h.s offer. that each end peoduct, encept the end products listed beson is a domestic end orocuct tas defmee m tne clause entified " Buy American Act"). and that components of unlinown ongin have been cons.de ec to have been mined. procuced, or manuf actureo outs.ce the United States.
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, 3 CLE AN AIR AND w ATE R IAcohtable of the bog or offer encrees St00 000.or the contractong o!!*cor has cerarmined that orcers unoer a,. .naer.n... .. ant,,, contraca .r, an< ..ar w.ri e.cera s tx 0x. o, a rac.i.,, tc ne . sea ra, ,ean the ..e,ect or a eo . ..on unoer the Clean Ao! ACE IQ V $ ( 18$lt.8/c}tl o! the federal Water Pollusion Control Act f.D V S C IJo9tcli one on tratec ta,e EPA.
, or sa not otherwest enempt.)
The bidder or of feror certifies as follows: lel Any facility to be utilised m the performance of this proposed contract O has. C has not, been tinied on the Envieone,entai Protection Agency List of Violating Facilities. Ibl He wili promptly notif y the coritracting officer, pe sor to award.of the recript of any communication from the Dieector, Office of Feceral Acbvities. Environmental Protecbon Agenc), mdicatmp that any facility which he proposes to use for tne performeme or the c ntract es under consideration to be listed on the EPA list of Violatmg Facilities. Icl He wdl include substantially this cartification, including this paragraph (c), en every none nempt subcontract. 3 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION /Sce par. F# on ST JJ A1 ist by submission of this off er, the offeror certifies, and an the case of a point offet, each party ineetto certifies as to its own o'ganisation, that in connection with thrs procurement: (1) The unices in this offer have been arrived at inoepencently, without consultation. cominumcatien. or agreement, for the purpose of restrgting campetition, as to any matter relatmg to such prices with any other off eror or with any competitor, (2) Unless otherwise recurred by law, the precan which have been Quoteo in this offer have not been knowingly disclosed try the offeror and will eV kr.uwingly be descioned by the offeror prior to openmg in the case of an advertised procs#s ement or prior to award .c. the case of a negot a:e" twossement, cirectly or inol ectly to any other off eror or to any competitor, and (3) L fert et has been rnace or will be inade by the of f eror to induce any other person or ferm to submit or not to sutynit an offer for tnat purpm t of restricung competition. Ibl Each powr. signmg then offer certifies that: ill He es the person in the offe or's organisation eesponsible within that organisation for the cecision as to the prices t+ ng offered herem and that he has riot partecipated, and was not participate, m any acuon contrary to tal(1) through fal(31. above, or (2) (il He es not the person in the offeror's organizabon responsible within that organizabon for the cecision as to the prices
- teg offered herem but that he has been authorised m writmg to act asagent for the persons responsible f o* such decision en certif ying that suc* persons have not participated and ws:1 not participate, m any action contrary to tailli through (alf 3: above. anc as their event coes herrey so certify and ful he has not parucipated, and wdl not partecipate, m any action contrary to (a)(1) ineough fal(3) amore.
4- CERTW. CATION OF NONSEGREGATED FACIUTIES (Apolocable to III contracts. (21 subcontracts, and (3) agreements a te aponcants who are themseraes performmg lederally assisted construction contracts. esceedmg 510.000 when are not earmpt from one ornwsoons of the Eeval Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant or subcontractor cartifies that he does riot maintam or provide for his emp;og ees any segrepted fac tities at any of hes establishments, and that he does not permit his employees to perform their services at any tocation .,ncer nis control where segregated f acit tees are maintained He certifies furtner that he will not mamtam or provide f or his empioy. ees any segregated f acdities at any of his establishments and that he will not permit his employees to perforrn their services at any lecJtion, unces his control, where segregated f acilmes are maintained. The bidder, offeror, appi. cant, or subconteactor ag'ers that a breach of thrs cre. titicahon es a violation of sne Eaval Opponunity crause m th's contract. As used in trws cernfication, the terrn "sege rpted f acdiben" means any wait.ng rooms, work areas, test rooms anc wash rooms. restaurants and other eatmg areas, time clocks, locker rooms and other storage or cressmg areas, parking lots, drmking fountains, recreauon or enterta mment areas, transportation, and housmg f acilibes provided for empiovees which are segregated by emplicit directive or are in fact segregated on the basis of race, color,reeigion or national origin, because of habit. local custom, or otherwise. He rurther agrees that t r acept where he has cotained noenticas certifications from proposed subcontractors for specific time periods) he will obtam identical certif ecations f#om proposed subcontractors prior to the award of subcontracts enceedag $10.000 which are not esempt from the provisions of the Eoual Opportunity ctause: that he adi retam such certifications in his fdes; and that he will forware the following riotice to such proposed subcontractors (escept where the p'oposed subcontractors have submitted identical certifications for specific time periods); Notice to prospective subcontractors of reouirement for certifications of nonsegregated facdibes. A Certification of Nonsegregated Facilities must be submitted prior to the aaard of a subcontrac e nceedmg $10.000 which :s not esempt from the provisions of the Ecual Opportunrty clause. The cerufication may be submitted eitne for eact. subcontract or for als suocontracts durmg a period (i.e., cuarterly, semaannuatiy, or annualty). NOTE. Tne penatrr for maamp fa/se otters as prescribed en it v.s c r00t. Continued on Page 4 sess =Destiet sec part aang % 3.e s =' %C l o*r ACKNOWLEDGMENT OF AMENDMENTS The or'ercy acarioeooges res ept of ar% enects tc the Sorictat,on ice cNers anc reisted occumer.1a twoored anc ceted as tonowat NO W Offers must set forth full. at:uratt ano complete unformaroon as reoveret* Dr !!us Sofocotation foncl.ogong attachmentil The peserty for masone false statements on offers os prescrsbedm 18 U $ C 1001. Sieasase r e
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PART I .
. - Representations, Certifications, and Acknowledgments - Continued SF-33 (Page 3)
- 5. WOMAN-0WNED BUSINESS Concern is C is not 6 a woman-owned business. The businessls publicly owned, a joint stock association, or a business trust /_/ yes /_/ no.' The business is G certified 6 not certified. '
A woman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operated is defined as actively involved in the day-to-cay management. , For the purposes of this definition, businesses which are publicly owned, 1 joint stock associations, and business trusts are exempted. Exempted businesses may voluntarily represent that they are, or are not, woman-7 owned if this irifonnation is available.
- 6. PERCENT OF FOREIGN CONTENT ,
The offeror / contractor will represent (as an estimate), irr.wdiately after the award of a contract, tL percent of the foreign content of the item or service being procured expressed as a percent of the contract award price 4 (accuracy within plus or minus 5 percent is acceptable).
- 7. NON-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001)
The offeror hereby certifies as follows: 6 (a) In the perfonnance of Federal contracts, he and his subcontractors 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 bona fide occupa-tional retirement plan, or statutory requirement,. and
/ T (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 on a bona fide occupational qualification, retirement plan, or statutory requirement.
- 8. CERTIFICATION OF RECOVERED MATERIALS (1-1.2504(b))
The offeror / contractor certifies that recovered materials will be used as required by specifications referenced in the solicitation / contract. j i-l
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- 9. . CONTRACTOR ORGANIZAT10 rial CONFLICTS OF INTEREST I represint to the bist of my knowledge and belief that:
The award to of a conLract or the modification of an existing contract does l_/ or does not /_/ involve situatiors or" relationships of the type set forth in 41 CFR paragraph
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20-1.5403(b)(1). P j w - ,. - . If the representation afcompleted indicates that situations or relation-ships of theftype get fodh in-41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise 'dv.armines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a co'ncise manner 'all relevant factors bearing on his represen-
- tation to the Contracting Officer. If the Contracting Officer determines that organizational conflictrexist, the following actions ny be taken:
(a) impose appropriate ' conditions which avoid such conflicts. (b) disqualify the offeror, or
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(c) determine that it is. otherwise in the best interest of the United States to' seek sward of the contract under the waiver provisions of 5 20-1.5411. . - The refusal to provide the representation required by 120-1.5404(b) or . upon re, quest of the Centracting Officer the facts required by 820-1.5404(c), shall result in disque.lification of the offeror for award. The nondisclo-I sure or; misrepresentatiot, of any relevant interest may also result in the l disqual.ificatiori'uf th'e offeror f9r awards; or if such nondisclosure or misrepresehtation is discovered after award, the resulting contract may be tenninated. The offeror may aisc be; disqualified from subsequent related NRC contracts, and be subject to Juch .other remedial actions pro-s vided by law or the resulting contract. , a The offeror may, because of actual or potential organizational conflicts , of interest, propose to exclude specific kirids or work from the statements of work contained In an RFP unless the RF,P specifically prohibits such exclusion. Any such proposed exclusivo by an offeror will be considered by the NP.C in the evaluation ,9f proposals. If the NRC considers the pro-posed excluded work to be an* essential or# integral part of the recuired work and its exclusion would work to the det.7iment of the competitive posture of the other_ offerors, the proposal must be rejected as unacceotable. The offeror's failure to execute the representation required herein with respect to invitation for. bids will be considered to be a minor infonnality, and.the offeror will be pennitted to' correct the omission. , s% Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-l.5404 1) prohibiting contractors from l engaging in relationships which may give" rise to an actual or apparent conflic.t'of interest. Note: NRC' Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No.1. t
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- 10. COST ACCOUNT!HG STANDARDS (Applicable only to negotiated contracts exceeding
. $100,000 except when: see Federal Procurement Regulation Temporary Regula-tion 44 dated March 29,1978).
It has been determined by the Contracting Officer or his duly authorized
- l representative that this requirement is not in support of the national defense pursuant to 4 CFR 331,20(b). ,
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A. COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED C0t. TRACT COVERAGE If the offeror is eligible to use the modified provisions of 4 CFR 332, and elects to do so, he shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject ' to the Disclosure and Consistency of Cost Accounting Fractices clause in lieu of the Cost Accounting Standards clause. G The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 4 CFR 331.30(b)(2), and certifies that he is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (1) during his cost accounting period
- imediately preceding the period in which this proposal was submitted.
he received less than 510 million in awards of CAS covered national defense prime contracts and subcontracts, and (ii) the sum of such awards equaled less than 10 percent of his total sales during that cost accounting period. The offeror further certifies that if his status changes prior to an award resulting from this proposal, he will advise the Contracting Officer imediately. . CAUTION: Offerors may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a contract of $10 million or more or if, during their current cost accounting period, they have been awarded a single CAS-covered national defense prime contract or subcontract of $10 million or more. B. COST ACCOUNTING STANDARDS CERTIFICATION - NONDEFENSE APPLICABILITY
- Any negotiated contract in excess of $100,000 resulting from this solici-l tation shall be subject to te requirements of the clauses entitled Cost Accounting Standards - Nondefense Contract (FPR 81 -3.1204-2 (a ))
i and Administration-of Cost Accounting Standards (FPR 31-3.1204-l(b)) if it is awarded to a contractor's business unit that is performing a - national defense contract or subcontract which is subject to cost accounting standards pursuant to 4 CFR 331 at the time of award, except contracts which are otherwise exempt (see FPR El-3.1203-2(a) and (c)(4)). Otherwise, an award resulting from this solicitation shall be subject to the requirements of the clauses entitled Consistency of Cost Accounting
- Practices - Nondefense Contract (FPR El-3.1204-2(b)) and Administration of Cost Accounting Standards (FPR El-3.1204-1(b)) if tne award is (i) the first negotiated contract over $500,000 in the event the award is a contractor's business unit that is not performing under any CAS-covered national defense or nondefense contract or subcontract, or (ii) a negoti-ated contract over $100,000 in the event the award is to a contractor's business ur.it that is performing under any CAS-covered national defense or nondefense contract or subcontract, except contracts which are other-wise exempt (see FPR 81-3.1203-2(a) and (c)(4)). This solicitation notice j is not applicable to small business concerns.
{ ( Page 7 of 3S
, Certificate of CAS Applicability The offeror hereby certifies that:
A. G It is currently performing a negotiated national defense contract or subcontract that contains a Cost Accounting Standards clause (4 CFR 331), and -it is currently required to accept that clause in any new negotiated national defense contracts it receives that are subject to cost accounting standards. B. 6 It is currently perfoming a negotiated national defense or nondefense contract or subcontract that contains a cost accounting standards clause required by 4 CFR 331 or 332 or by FPR Subpart 1-3.12, but it is not required to accept the 4 CFR 331 clause in new negotiated national defense contracts or subcontracts which it receives that are subject to. cost accounting standards. C. /7 It is not performing any CAS-covered national defense or nondefense contract or subcontract. The offeror further certifies that it will imediately notify the Contracting Officer in writing in the event that it is awarded any negotiated national defense or nondefense contract or subconf.ract containing any cost accounting standards clause subsequent to the date of this certificate but prior to the date of the award of a co'ntract resulting from this solicitation. / D. 6 It is an educational institution receiving contract awards subject to FPR Subpart 1-15.3 (FMC 73-8, OMB Circular A-21). E. /7 It is a State or local government receiving contract awards subject u to FPR Subpart 1-15.7 (FMC 74-4, OMS Circular A-87). / F. 6 It is a hospital. NOTE: Certain firm fixed price negotiated nondefense contracts awarded on the basis of price competition may be determined by the Contracting Officer (at the time of award) to be exempt from cost accounting standards (FPR ll-3.120302,(c) (4)(iv)).
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Additional Certification - CA ' Applicable Offerors ; ( G. /7 The offeror, subject to cost accounting standards but not certifying under D, E, or F above, further certifies that practices used in estimating costs in pricing this proposal are consistent with the practices discussed in the Disclosure-Statement (s) where they have been submitted pursuant to CASB regulations (4 CFR 351). I r 4 A
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Page 8 of 35 [ .
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, Data Required - CAS Covered Offerors '
The offeror certifying under A or B above but not under D E, or F above, is required to furnish the name, address (including agency or department ~ component); and telephone number of the cognizant Contracting Officer administering the offeror's CAS-covered contracts. If A above is checked, the offeror will also identify those currently effective cost accounting standards, if any, which upon award of the next negotiatec' national defense contract or subcontract, will become effective upon the offeror. f;ame of CO: Address: Telephone No.: Standards not yet applic~able:
- 11. FACILITIES CAPITAL COST OF M0i4EY Facilities capital cost of money (see FPR 51-15.205-51(a)) will be an allowable cost under the contemplated contract, but only if the contractor specifically . identifies or proposes it in the cost proposal for the contract and elects to claim this cost by checki.ng the appropriate box below. If the contractor does not specifically identify or propose facilities capital cost of money and does not elect to claim this cost, the contract will-include the Waiver of Facilities Capital Cost of e Money clause. -
7 / The prospective contractor has specifically identified or proposed facilities capital cost of money in its cost proposal and elects to claim this cost as an allowable cost under the contract. Z((7 The prospective contractor has not specifically identified or proposed facilities capital cost of money in its proposal
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and elects not to claim it as an allowable cost under the contract. e
Page 9 of 35 ( s PART 11 CONTRACT SCHEDutE . ARTICLE I - STATEMENT OF WORK
1.0 BACKGROUND
Since July 1979, interim requirements'for the protection of spent fuel shipments against sabotage have been in effect. Issuance of the require-ments was prompted by a draft study (SAND 77-1927) which on dic .ed that successful explosive sabotage of a spent power reactor. f uei shi;;.ent in a heavily populated area had the potential for producing serious radio-logical consequences. These consequences were acknowledged to be subject to a large uncertainty since little information was available to aid in predicting the release quantities and chemical and physical forms of any released radioactive material. The NRC and DOE responded to this need for technical data by sp:,soring separate but coordinated experimental programs. These researcn programs have now been completed (see NUREG/CR-2472, " Final Report on Shipping Cask Sabotage Source Term Investigation" and SAND 82-2365,'"An Assessment of the Safety of Spent Fuel Transport'ation in Urban Environs.") The results
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of these programs show that the likely release of respirable particles would be in the range of 6 to 10 grams, whereas the SAND 77-1927 estimates ranged up to 14,000 grams. The calculated radiological health consequences of sabotage of a truck cask in a heavily populated area are correspondingly reduced to no early deaths and zero to few latent cancer f atalities. I
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{ On the basis of these results, consideration is being given to revising
. the requirements for the protection of sp'ent fuel. In this proposed rule-making, consideration will be given to explicitly addressing shipments of spent fuel f rom gas-cooled power reactors (HlGRs) and non power reactors
-(NPRs), in addition to shipments of spent fuel f rom power reactors. How-ever, there is essentially no information on the possible consequences of sabotage of shipments of spent fuel from HTGRs and NPRs. Although the previous work done on spent power reactor fuel may be applicable in some respects, the results of that work are not directly applic+.ble t o the shipment of spent fuel f rom HIGRs and NPRs. because of diff e rences in the shipping casks used, the radionuclide inventories, the physical structure of the fuel, and the interaction between the explosive and the fuel. It is expectede however, that the source terms for these spent fuels will be no higher than the source term for spent power reactor fuel and most probably will be much lower. The purpose of t,his project, therefore, is to confirm that expectation by establishing an analytical and experimental quantification of the source term likely to result f rom sabotage of spent fuel shipments f rom HTGRs and representative NPRs.
In addition, a similar need in the area of shipment of high level radio-active waste has been identif.ied. The NRC has a ' technical assistance study underway to provide a detailed analysis of the potential need to safeguard high level radioactive waste during transport. Preliminary results from this study indicate that the explosive sabotage of casks containing vitrified high level radioactive waste during transport could result in a release that would be comparable to that f rom sabotage of a spent fuel shipment. The next task in this study is to estimate the consequences of radiological release as a result of sabotage of vitrified high level waste during transport. This requires determination of the source term likely to result from sabotage of vitrified high level waste during transport be made either analytically or experimentally. l 2.0. WORK REQUIRED: The contractor shall provide the personnel, f acilities, materials, equip-ment and services necessary to perform the following tasks: f
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," Task 1: HlGR 5 pent Fuel (Fort St. Vrain Gas Cooled Reactor)
- a. Use the experimental procedures previously developed for the deter-mination of the radiological source term f rom sabotage of LWR spent
. fuel during transport, and assume the appropriate scaled explosive, simulated cask (s), and HIGR spent fuel, to determine analytically the amount and the chemical and physical form associated with any
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material release. Submit the results of this ana1ysis in the form of a letter report to the NRC t.y March 1984
~ Note: The following subtasks lb, c and d shall be carried out only if the contractor can obtain the fuel at no cost except for transportation and handling.
- b. Obtain or prepare surrogate spent fuel or unirradiated fuel and perform the necessary cold tests to assess the determination made analytically.
- c. Compare the results of Task Ib to the results for LWF. spent fuel to establish the need for hot tests. If the NRC project manager agrees that hot-tests are needed, obtain or prepare representative HTGR spent fuel and perform a maximum of two hot tests to determine the chemical and physical form associated with any. material release.
- d. On the basis of the results of Task Ib and/or Task 3c, determine the amou-t and form of the potential radiological release that would result from sabotage of HTGR spent fuel during transport. Assess qualitatively and, to the extent possible, quantitatively the uncertainties associated with this determination. Submit the results in the form of a letter report to the NRC by July 1984.
Task 2: Non-Power Reactor Spent Fuel
- a. Compile information on the spent fuel from the four major types of non power reactors (AGN, TRIGA, pool, and tank) needed to determine which type of fuel (s) should be teste'd to obtain quantitative data
Page 12 of 35
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on the potential hazard to the public of an act of sabot age on such spent fuel while it;is in transit. This information.should include, but not be limited to, the operating power level of the reactors, uranium .-235 enrichment, burn-up and decay history, physical f orm of the fuel, f requency of spent fuel shipments, the status of reactors, (i.e. , in operation or shutdown), etc. Considering the relative _ probability of occurrence and the estimated potential consequences of a sabotage event' involving explosives, evaluate the relative risk to the public of transporting spent fuel f rom each of the four major types
~o f'non power reactors. Submit the results of this evaluation in the form of a letter report to the NRC by July 1984.
- b. Compare the results of Task 2a to the results for HIGR and L*n'R spent fuel to establish the need for an experimental program for NPR spent fuel.
- c. If the NRC project manager agrees that an experimental program is needed, perform work as outlined in Tasks Ib-d. A letter report on the cold test results shall be submitted by deptember 1984. A letter report on the source term estimate shall be submitted by Nos smber 1984.
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. 3.0 OPT]ON TASK Task 3: Hioh Level Waste
- a. Obtain or prepare borosilicate glass samples which simulate vitrified high level radioactive waste.
- b. Perform the same subtasks as under Task i using representative samples of high level radioactive waste. Submit the results in the form of letter reports as follows: report on the cold tests by January 1985; report on the source term estimates b'y April 1985.
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(. j .' 0 REPORTING REOUIREMEN.a 4.1. Monthly Letter Status Report - By the 20th of each month, three copies of a brief letter status report shall be submitted to the NRC project manager which summarizes: 0 the work performed during the previous month and its relationship to the project goals; o problems incurred and proposed solutions; o activities planned for the ensuing month; o personnel tire expenditures during the previous month; o costs generated against the work effort during the previous month and cumulatively; and o current obligation status information. The -first monthly letter status report after project authorization shall include the planned monthly rate of expenditures for the fiscal year, if not provided with the Form 189, and include any changes to prior schedules or estimated costs. Also contained in each monthly report will be a breakout of '(1) manpower utilized, (2) costs incurred for direct salaries, materia 1 Land services, ADP support, subcontracts, travel, general and administrative and other related items, and (3) current obligation status information for the p roject. 4.2 Technical Rep 6rts Technical letter reports will be provided as specified in paragraph 2, Work Required. The contractor shall submit a draft final report on . Tasks 1 and 2 by Ap'ril 1985. If Task 3 is performed, the draft final report shall be submitted by Sept.1985. After the NRC review and comment, the contractor shall submit a camera-ready copy and two additional copies of a final report to the HRC project manager. ~ i
_ Fage 15 of 35 (
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5.0 MEETINGS AND TRAVEL 5.1' All travel requires prior approval of the NRC project manager. 5.2 Annual Light Water Safety Research Meetijgg If requested by the NRC project manager, by November 15, 1984, a draft report summarizing the current year research results shall be prepared and submitted to the NRC project manager for review and possible presenta-tion at the NRC's Annual Light Water Reactor Safety Research meeting. If accepted, a final version of the report will be presented at the January 1985 meeting in Gaithersburg, Maryland, by either the project's principal investiga-tor or a mutually satisfactory alternate. 6.0 NRC FURNISHED MATERIAL Hone. 7.0 CAPITAL EQUIPMENT All capital equipment expenditures require the prior written approval of the NRC~ project manager. 8.0 SUBCONTRACTS , Subcontracts require the prior written approval of the NRC project manager. 9.0 CONTACTS WITH NRC LICENSEES Any contacts with NRC liqensees require prior written approval of the NRC project manager. 10.0 ESTIMATED LEVEL OF EFFORT The estimated level of effort is one (1) man year. 1 0 i
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. ARTICLE !! - PERIOD OF PERFORMANCE The performance of work described in ARTICLE I hereof shall comence as of the effective date of this contract and shall continue to completion thereof, esti-mated to occur within 15 months after said contract is effective.
ARTICLE III - CONSIDERATION AND PAYMENT (Incrementally Funded Cost Reimbursement) A. Estimated Cost and Obligation
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- 1. It is estimated that the total cost to the Government for full perfom-ance of this contract will be 5 *
- 2. Total funds currently available for payment and allotted to this cor. tract are $ .
- 3. It is estimated that the amount currently allotted will cover performance of Phase I which is scheduled to be completed months from the effective date of the contract.
- 6. Payment The Government shall render payment to the contractor in approximately thirty (30) days after submission of proper and correct invoices or vouchers.
Additional provisions relating to payment are contained in C'.ause 5.1-3 of theGeneralProvisionshe.eto.f ARTICLE IV ,- OVERHEAD / GENERAL AND ADMINISTRATIVE RATES A. Pending the esta'blishment of final overhead rates.which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs haret.nder at the provisional rats of
- percent of =
l B. Pending the establishment of final general' and administrative rates which shall be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs hereunder at the provisional rate of
- percent of
- C. Notwithstandi.1g A. and 8. of this Article, said provisional overhead and G&A rates may be adjusted as appropriate during the tem of the contract upon the acceptance of such revised rates by the Contract'ng Officer.
*To be incorporated into any resultant contract. .
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s Page 17 of 35 _, ~. A,RifCLE V --KEY PERSONNEL Pursuant to this ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of the work hereunder and shall not be replaced without the prior approval of the Contracting Officer. In such event, , the contractor agrees to substitute persons possessing substantially equal abilitie : and qualifications satisfactory to the Contracting Officer. i ARTICLE VI - TECHNICAL DIRECTION A. Performance of the work under this contract shall be subject to the tech-nical direction of the NRC Project Officer named in ARTICLE of this contract. The term " Technical Direction" is defined to include the following: l
- 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 con-tractual scope of work.
- 2. Providing assistance to the contractor in the preparation of drawings, specifications or technica.1 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."
- 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.
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*To be incorporated into any resultant contract.
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Page 18 of 35 ( l' l . 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.
i 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 l this article. I 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 1 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 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 comitment 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 j 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 thereto shall be subject to the provisions of ,the contract clause entitled " Disputes." i l i f e 1 1 ! . - , . - . - . _ . _ - . __ . _ _ _ _ ~ . - _ . . . - _ . _ - . _ . _ , . _ - - _ _ . - - _ _,- _ _ ___._,. _ , _ _ . _ - . _ _ _ _ _ _ . . . _ _ _ , ,
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ARTICLE VII- PROJECT OFFICER
, is hereby designated as the Contracting Officer's authorized representative (her,einafter called Project Officer) for technical aspects of this contract. The Project Officer is not authorized to approve or request ar.y action which results in or could result in an increase in contract cost; or terminate, settle any claim or dispute-arising under the contract; or issue any unilateral directive whatever. -
4
, 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 requirerants; (2) interpreting the scope of i work; (3) performing technical evaluation as required; (4) performing technical 1 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 Office'r:is authorized to review all costs requested for reimbursement hy contractors and submit recommendations 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 tne 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 3 basis for an extension to the period of performance or contract delivery schedule; and, as stated 'above, (4) not constitute 'a basis for a.y increase in the contract cost. e
*To be incorporated into any resu; tant contract.
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mage a F T Fe i ' AR'TICLE VIII - TRAVEL REIMBURSEMENT , 4 The contractor will be reimbursed for the following reasonable domestic travel costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer: 1/
- 1. Per diem shall be reimbursed at a daily rate not to exceed $ .
2/ The per diem amount is comprised of lodging expense plus $ for meals and miscellaneous expense.
- 2. The cost of travel by privately owned automobile shall be reimbursed at the rate of & 3/ per mile.
- 3. The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.
- 4. All common carrier travel reimbursable hereunder shall be via economy
- class rates when available. If not available, reimbursement vouchers Lwill be annotated that economy class accommodations were not available.
' First-class air travel is not authorized. -
Si ' Receipts are required for common' carrier transportation, lodging and miscellaneous items in excess of,$15.00.
- 6. The rates provided below shall remain in effect until such time as a unilateral contract modification is issued by the Contracting Officer, reflecting (changes Travel Regulations FTR).' (increases or. decreases) in the Federal 1 - Current rate is 550.00 Current rate is $23.00 Current rate is 20 1/2c i
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( , ARifCLE IX - GENERAL PROVISIONS /ALTERATI0d5 , This contract is subject to the attached provisions of Appendix A, General Provisions, entitled " Cost Type Research and Development Contracts With Commercial Organizations," dated 12/1/81, Attachment 5. Special Provisions Added: l 1.22 Administration of Cost Accounting Standards 1.23 Cost-Accounting Standards - Nondefense Contracts 1.24 Subcontractor Cost and Pricing Data 1.25 Price Reduction for Defective Cost or Pricing Data 1.26 Price Reduction for Defective Cost or Pricing 1.27 Data - Price Adjustments Option to Extend the Term of the Contract 3.12 Utilization of Women-Owned Business Concerns 5.8 Interest on Overdue Payments 5.9 Payment Due Date 5.10 Invoice Requirements 5.11 Method of Payment ARTICLE X - EVALUATION OF OPTION The proposal will be evaluated for purposes of award by adding the total estimated cost for the option task to the total estimated cost for the basic
, task. The total estimated cost set forth in the Award shall apply to this option provision.
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1.22 Administration of Cost Accounting Standards (1-3.1204-1(b)) For the purpose of administrating Cost Accounting Standards requirements ' under this contract, the Contractor shall: (a) Submit to the cognizant Contracting Officer a description of the accounting change.and.the general' dollar magnitude of the change to reflect the sum of all increases and-the sum of all-decreases for all contracts containing. - the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause: (1) For any change in cost accounting practices required to comply with a new cost accounting standard in accordance with paragraph (a)(3) and (a)(4)(A) of the Cost Accounting Standar ds clause within 60 days (or such other date as,mgy be mutually agreed to) after award of a contract requiring such change; (2) For any chan ance with paragraphs (a)(4)ge (B), to cost accounting (a)(4)(C) practices of the Cost proposed Accounting in accord-Standards 4 clause or with paragraph (a)(3) or (a)(5) of the Disclosure and Consistency of
; Cost Accounting Practices clause not less than 60 days (or such other date as 4
may be mutually agreed to) prior to the effective date of the Proposed change; 4 or i I (3) For any failure to comply with an applicable Cost Accounting Standard or to follow a disclosed practice as contemolated by paragraph (a)(5) of the Cost Accounting Standards clause or with paragraph (a)(4) of the Disclosurt and Consistency of Cost Accounting Practices clause within 60 days (or such other date as may be mutually agreed to) after the date of agreement of s,uch nonccmpliance by the Contractor. 2 (b) Submit a cost impact proposal in the form and manner specified by the , cognizant Contra.-ting Officer within sixty (60) days (or such other date as may i be mutually agreen to) after the date of determination of the adequacy and compliance of a change submitted pursuant to- (a) (1), (2), or (3), above. (c) Agree to appropriate contract and subcontract amendments to reflect adjustments established in accordance with paragraphs (a)(4) and (a)(5) of the l Cost Accounting Standards clause or with paragraphs (a)(3), (a)(4), or (a)(5) cf the Disclosure and Consistency of Cost Accounting Practices clause. (d) When the subcontract is subject to either the Cost Accounting Standarcs clause or the Disclosure and Consistency of Cost Accounting Practice clause so 4 state in the body of the subcontract and/or in the letter of award. Self- ! deleting clauses shall not be used. j (e) Include the substance of this clause in all negotiated subcontracts j containing either the cost Accounting Standards clause or the Disclosure and j Consistency of Cost Accounting Practices clause. In addition, include a pro-vision in these subcontracts which will require such subcontractors, 'within 30 days after receipt of award (or such other date as may be mutually agreed to) to submit the following information to the Contract Administration Office Coonizan: of the subcontractor's facility. l
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. Administratici. o1 Cost Accounting Sta'Aards (1-3.1204-1(b)) Cont'd.
(1) Subcontractor's name and subcontract number. (2) Dollar amount and date of award. . . (3) Name of Contractor making the award. - l ! tomakeany(4) changes to accounting practices that affect prime subcontracts containing the Cost Accounting Standards clause or Disclosure Consistency been reported. of Cost Accounting Practices clause unless such changes standard (s) effective for the first time, this shall also be repo i (f)
- For negotiated subcontracts containing the Cost Accounting Standards
, clause, require the subcontractor to comply with all Standards in effect on the date of final agreement on-price as shown on the subcontractor's signed Certifica of Current Cost or Pricing Data or date of award, whichever is earlier. (g) hereunder, notify the Contracting Officer in writing of such 2 agree to an adjustment in the price or estimated cost and fee of this contract. as appropriate, based upon the adjustment established under the subcontract. Such notice shall be given within 30 days af ter receipt of the proposed sub- ! contract tier subcontract adjustment, or prime andcontract shall include as appropriate. a proposal for adjustment to such higher (h) Consistency of Cost Accounting Practices clause and this subcontracu, identify the purchaser. the term " Contracting Officer" shall be suitably altered to i
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. J .-23 Cost AccouEting I
* .:dards--Nondefense Contr(1-3.1204-2(a))
c.t.. ($100,000)
. s 1 (a) )
Unless the Administrator of General Services has prescribed rules or ! regulations exempting the Contractor or this contract from standards, rules, and regulations in connection promulgated by the Cost with this contract, shall:Accounting Standards Board, the Contractor (1) Follow consistently the cost accounting practices established or disclosed as required"-by regislations of the Cost Accounting Standards Board and administered under the Administration of Cost Accounting Standards clause. If any change in disclosed practices is made for purposes of any contract or subcontract subject to those disclosure requirements, the change must be applied in a consistent manner to this contract. - (2) Ccmply with all cost accounting standards which the Contractor is required to comply with by reason of concurrent performance of any contract or subcontract subject to the Cost Accounting Standards clause (4 CFR 331) and administered under the Administration of Cost Accounting Standards clause. The Contractor also shall comply with any cost accounting standard which hereafter becomes applicable to such a contract or subcontract. required prospectively from the date of applicability toSuch suchco=cliance shall be ' subcontract. contract or formance of work under this contract. Compliance shall continue until the Cont (3) clause of this contract, Agree to an equitable adjustment (as provided in the Chang if any) if the contract cost is affected by a change which, pursuant to (2) above, the Contractor is required to make to his estab-closure statement or not.lished cost accounting practices whether such practic (4) Negotiate with the Contracting Officer to determine the terms and conditions under which a change to eith'er a disclosed cost accounting practice er an established cost accounting practice, other'than a change under (a (3) above or (a)(6) below, may be made. l either the Government or the Contractor, Provided, howev may be made under this provision that will increase costs paid by the United States. .
,. (5)
Agree to an adjustment of the contract price or cost allowance, as appropriate, if it or a subcontractor fails to comply with the applicable 1 Cost Accounting Standards or to follow any practice disclosed or established pursuant increasedto subparagraph costs paid by -the(a)(1) UnitedorStates. (a)(2) above and such failure results in any Such adjustment shall provide for recoven of the increased costs to the United States together with interest - thereon comouted at the cate determined by the Secretary of the Treasury pur-suant to Pub. L. 92-41 (50 U.S.C. App.1215(b)(2)), or 7 percent per annum, whichever time the adjustment is less, from time the payment by the United States was made to the is effected. (6) Negotiate an equitable adjustment (as provided in the Changes clause of this contract, if any) when the parties agree to a change to either a
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disclosed cost accounting practice or an established cost accounting practice.
g 1
- - (b) The Contractor sha" wermit any authorized' repr~ 7tatives of the head fcf.'th'e 'igency, of the Cost As_ snting Standards Board, or . the* Comptroller Gener 3 ef the United States to examina and make copies of any documents, pnpers, or records relating to compliance with the requirements of this clause ,
.ontil the expiration of 3 years' af ter final payment.under. this contract or such. .
.l 1 esser time specified in the Federal Procurement Regulations (FPR) part 1-20. 1
*(c) Unless a subcontract or Subcontractor is exempt under rules or regu -
1ations prescribed by the adniinistrator of General Services, the Contractor: (1) shall include the. substance of this clause including this paragraph (c).in~ all negotiated subcontracts under this contract with subcontractors that are currently perfonning a national defense contract or subcontract that contains the clause entitled to Cost Accounting Standards and that are currently required to accept the clause in applicable national defense awards, and (2) shall include the substance of the Consistency of Cost Accounting Practices--Non-defense Contract clause set furth in i 1-3.1204-Z(b) of the FPR in negotiated subcontracts under this contract with all other subcontractors. The contractor may elect to use the substance of the solicitation notice set forth in i 1-3.1203-2(b) of the FPR in his determination of applicability cost accounting standards to subcontracts. (d) The terms defined in i 331.20 of Part 331 of Title 4. Code of Federal Regulations, shall have the same meaning herein. As there defined; " negotiated subcontract" ceans "any subcontract except a firm fixed-price subcontract made . .. . by a contractor or-subcontractor after receiving offers from at least two firms - not associated with each other or such contractor or subcontractor, providing (1) the solicitation to all competing firms is identical, (2) price is the only consideration in selecting the subcontractor from among the competing firms solicitied, and (3) the lowest offer received in compliance with the solicitation from among those solicited is accepted." (e) The administration of this clause by the Government shall be accom-plished in conjunction with th'e administration of the Contractor's national defense contracts and subcontracts subject to rules and regulations of the Cost Accounting Standards Board, pursuant to the Administration of Cost Accounting Standards clause. For the purposes of the Administration of Cost Accounting Standards clause contained in this contract, references to the Cost Accounting
- Standards clause shall be deemed to include this Cost Accounting Standards-Nondefense Contract clause and ' reference to the Disclosure and Consistency of -
Cost Accounting Practices clause shall be deemed to include the Consistency of Cost Aciounting Practices--Nondefense Contract clause. 1 l l l
Page 26 of 35
. 1.2 Subcontractor Cos([ id Pricing Data (1-3.'814 )) ($100.000)
- -(a) The Contractor shall require subcontr. actors hereunder to submit,
.actually or by sper.ific identification in writing, cost or pricino data under the following circumstances:
(1) Prior to the award of any subcontract the amount of which is expected to exceed 5100,000 when entered into; i (2) Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable orofits expected to exceed 5100,000; except where the price is based on adequate price competition, established catalop or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation. (b) The Contractor shall require subcontractors to certify, in substantially the same fonn as that used in the certificate by the Prime Contractor to the Government, that to the best of their knowledge and belief, the cost and pricing data submitted under (a) above is accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract change or modification. (c) The Contractor shall insert the substance of this clause includino this paragraph (c) in each subcontract hereunder which exceeds 5100,000 wnen entered into except where the price thereof is based on acecuate price ccmoetition, established catalog or market prices of cc:mercial items sold in substantial quantities to the general public, or prices set by law or regulation. In each such - expected subcontract hereunder in exce'ss of 5100,000, the Contractor shall insert the substance of the following clause: SUBC0h7RACTOR COST OR PRICING OATA-PRICE A0JUSTMENTS (a) Paragraohs (b) and (c) of this clause shall become acerative only with resoect to any modification made pursuant to one or more provisions of this contract which involves aggregate increases and/or decreases in costs plus aoolicable profits expected to exceed $100,000. The requirements of this clause shall be limited to such contract modifications. (b) The Contractor shall require subcontractors hereunder to submit, actually or by specific identification in writing, cost or pricine data under the following circumstances: (1) Prior to award of any subcontract, the amount of which is expected to exceed 5100,000 when entered into; - 4 (2) Prior to the pricing of any subcontract modification which involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed 5100,000; except whEre the price is based on adeouate price ccmpetition, established catalog or market prices of comercial items sold in substantial quantities to the general public, or prices set by law or regulation.
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- ( s Subcontract Cost '-... Pricing Data (1-3.814-3(a)) Cont'd
-(c) The Contractor shall require subcontractors to certify. in substantially
.the same form as that used in the certificate by the Prime Contractor to the Government, that to the best of their knowledge and belief the cost and pricing data submitted under (b) above is accurate, complete, and current as of the date ef. agreement ~b5 the negotiated price of the subcontract or subcontract change or modification.
(d) The Contractor shall insert the substance of this clause including this paragraph (d) in each subcontract hereunder which exceeds $100,000 when entered into. e 9 9
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l .'1 J25 . .-Price Reduction fo ' , fec%ive Cost or Pricing ( . a (1-3.814-1(a)) (5100,000) If any price, including profit or fee, negotiated *in connection with this
' contratt or any-cost-reimbursable -under this contract was-increased by any sioni- ~
! ficant sums because: - (a) The Contractor furnished cost or pricing dat'a which was not accurate, ! complete and current .as certified in the Contractor's Certificate of Current
- Cast or Pricing _ Data; i
(b) A subcontractor, pursuant to the clause of this contract entitled
, " Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricino Data--Price Adjustments" or any subcontract clause therein required, furnished cost or pricinc
) dnta which was not accurate, complete and current as certified in the subcontractor'!' Certificate of Current Cost or Pricing Data; (c) A subcontractor or prospective subcontractor furnished cost or oricing data which was required to be accurate, complete and current and to be submitted to support a subcontract cost estimate furnished by the Contractor but which was not accurate, complete and current as of the date certified in the Contractor's i Cartificate of Current Cost or Pricing Data; or (d) The Contractor or a subcontractor or prospective subcontractor furnished i any data, not within (a), (b) or (c) above, which was not accurate as submitted: t the price or cost shall be reduced accordingly and the contract shall be modified in writing as may be necessary to reflect such reduction. However, any reduction
- in the contract price due to defective subcontract data of a presoective subcon-tractor when the subcontract was not subsequently awarded to such subcontractor, will be limited to the amount (olus ap61icable overhead and profit markup) by which the actual subcontracts or actual cost to the Contractor if there was no subcontract 4
i was less than the prospective subcontract cost estimate submitted by the Contractor: Provided, The actual subcontract price was not affected by defective cost or j pricing data. . i , (Note: Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, it is expected that the Contractor may wish to include a clause in each wh subcontract requirino the subcontractor to appropriately indemnify the Contractor. It is also expected that any subcontractor subject to such indemnification will generally require substantially similar indemnification for j defective cost or pricing data required to be submitted by his low tier
. subcontractors.)
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Page 29 of 35
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1.26' 'Jrice Reduction for uefective Cost or Pricing Data - Price Adjustments
. (1-3.B14-1(b)) ( $100,000) .
(a) This clause shall become operative only with respect to any modification of this contract which involves aggregate increases and/or decreases in costs plus appTicable profits in excesY of $100,000 unless the modification is priced on the basis of adequate price competition, established cataloo or market prices of comercial items sola in substa'n'tial quantities to the general public, or orices - - s;t by law or regulation. The right to price reduction under this clause is limitet to defects in data relating to such modification. (b) If any price, including profit, or fee, neootiated in connection with cny price adjustment under this contract was increased by any significant sums b:cause: (1) The Contractor furnished cost or pricino data which was not accurate, complete and current as certified in the Contractor's certificate of Current Cost or Pricing Data; (2) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricino Data--Price Adjustments" or any subcontract clause therein required, furnished cost or oricino data which was not accurate, comolete and current as certified in the subcontractor' Certificate of Current Cost or Pricino Data; (3) A subcontractor or prospective subcontractor furnished cost or pricing data which was recuired to be accurate, complete and current and to be submitted to support a subcontract cost estimate furnished by the Contractor but which was not accurate, complete and current as of the date certified in the Con-tractor's Certificate of Current Cost or Pricing Data; .or (4) The Contractor or a subcontractor or prosoective subcontractor furnished any data, not within (1), (2) or (3) above, which was not accurate, as submitted; the price shall be reduced accordingly and the contract shall be modifiet in writing as may be necessary to reflect such reduction. However, any reduction in the contract price due to defective subcontract data of a prospective subcon-trcctor, when the subcontract was not subsequently awarded to such subcontractor, will be limited to the amount (plus applicable overhead and profit markup) by which the actual subcontract, or actual cost to the Contractor if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor. Provided the actual subcontract price was not affected by d2fective cost or pricing data.
(Note: Since the contract is subject to reduction under this clause by reason of defective cost or pricino data submitted in connection with certain subcontracts, it is expected that the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the Contractor. It is also expected that any subcontractor subject to such indemnifi-cation will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his' lower tier subcontractors.) (c) Failure to agree on a reduction shall be a discute concernino a question cf fact within the meaning of the " Disputes" clause of this contract.
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Page 30 of 35 ~ (. _ , ( ,, i.27 OPTION TO EXTENT THE TERM 0F THE CONTRACT This contract is renewable, at the option of the Government, by the Contracting
. Officer giving written notice of renewal to the Contractor within the period specified in the schedule; provided, that the Contracting Officer shall have preliminary notice of the Government's intention to renew at least sixty (60)given days before this contract is to expire. (Such a preliminary notice will not be deemed to commit the Government to renewals.) If the Government exercises this option for renewal, the contract as renewed'shall be deemed to include this option provision.
However, the total duration of this contract, including the exercise of any options under this clause, shall not exceed two years. S I e e 1 l l
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.3.12 utilization of Women-Owned Busincis Concerns (Over 110.0 Die ei
(a) It is the p$. hy of the United States dovernmen't that women-owned businesses shall have the maximum practic-able opportunity to participate in the pcriormance of contracts awarded by any Federal agency.
(b) The Contractor agrees to use his best efforts to carry out this policy in the award of subcontracts to the fullest extent consistent with the efficient performance-of this. co.itract. . As used in the contract, a " women-cwned business" concern means a business that is at least 51'; owned by a woman or women who also control and operate it. " Control" in this context means exercising the power to make policy decisions. " Operate" in this context means being actively involved in the day-to-day manaacment. "Homen" mean all women business owners. m t 4 p 1 I . . l . 4
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5.8 Interest on Overdue Payments (a) The Prompt Payment Act, Pu'licb Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payment of the expiration invoice under this centract and requi'res the payment of interest to contractors on overdue pay-ments of the expiration invoice or improperly taken discounts. (b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125. (c) For purposes of this clause, an expiration invoice is defined as a claim submitted for costs incurred for performance through the expiration date of a Cost Type contract. 5.9 Payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of: (1) The date of actual receipt of a proper invoice (original and 4 copies) to the U.S. Nuclear Regulatory Commission Division 1 of Accounting and Finance, Office of Resource Management, ATTN: GOV /COM Accounts Section, Washington, D.C. 20555, or (2) The date the final deliverable product / service is accepted by the Government. (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 product / service. (d) The date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the date payment is rade. ] s 9 l
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5.10 Invoice Requiremer.(s V k s
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Invoices shall be submitted in an origidhi and. 4 copies to the U.S. Nuclear Regulatory Commission, Division of Accounting and Finance, Office of Resourc' Management, ATTH: COV/COM Accounts Section, Washington, D.C. 20555. To constitute a proper invoice, the invoice must include the following informa-tion 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. ( (4) Shipping and payment terms. , , s. (5) Name (where practicable), titie, phone number, and complete mailins-address of responsible ot(ifial to whom payment is to be sent. 3 ~ (6) Billing Instructi'ons fol; NRC Cost-Type Contracts, dated February if *
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3 .., ( ,. l e 5.11 Method of Payment (a) Payments under this contract will be made by wire transfer through
. the Treasury Financial Comunications Systc=.
(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 Comunications System, contractor shall complete all items except items 7 - 9. In the event the contractor's financial institu-tion does not have access to the Federal Reserve Comunications 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 institution's 9-digit ABA identifying number for routing transfer of funds
- 5. Telegraphic abbreviation of financial instituion
- 6. Account number at your financial institution to be credited with
- the funds
- i j 7. Name and address of the correspondent financial institution your financial institution receives electronic funds transfer messages a through, if it does not have access to the Federal Reserve
! Comunications System i
- 8. Corresporident 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 i (c) Any changes to the infomation furnished under paragraph (b) of this
- clause shall be furnished to the contracting in writing. It is the contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.
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(REVISED-2/82) 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, 5 Number of Copies.. An original and four copies should be mailed to the NRC office identified below. 4 Frequency. The contractor shall submit claina 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 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.)
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Billing of Costs Afte'r Expir5 tion of Contr'act. If costs are incurred during the contract period and claimed affer the contra'ct has expired, the' period during which the'se costs were in6Lrred must be cited. 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 invoices paid under the contract may not exceed the total U. S. dollars
. authorized in the contract.
Supersession. These instructions supersede all previous billing instructions. e
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INSTRUCTIONS FOR PREPARING COST INFORMATION FOR NRC CONTRACTS Preparation and Itemization of the Voucher. The contractor shall furnish the information set forth in the explanatnry notes below. These notes are keyed
, to the entries on the sample voucher.
Payor's Name and Address. (i) Address the original voucher (with 4 copies) to: U.S. Nuclear Regulatory Commission, Division of Accounting. Office of the Controller, ATTN: GOV /COM Accounts Section, Washington, D.C. 20555. Any questions regarding vouchers yet to be paid by the NRC should be addressed to Division of Accounting (301-492-8010). Any questions regarding 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 nare and address of the payee.
..;dicate the individual responsible for answering any questions NRC may have reaarding the invoice (name and phone number).
(a) Contract Number - Insert the NRC contract number. (b) Title of Project - List the full title of the project being performed
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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. C C.
* (h) Direct Costs - Insert the major cost elements. . (1) Direct Labor - This consists of salsries and wages paid (or accrued) for direct performance of the contract itemized as follows: '
Labor Labor Hours Cumulative Category Negotiated Name Hours Bili?d Rate Total Hours Billed (2) Fringe Benefits - This represents fringe benefits applicable to direct labor and billed as a direct cost. Where a rate is used, indicate the rate. Fringe benefits included in direct labor should not be identified here. , (3) Capitalized Nonexpendable Equipment - For educational institu-tions list each item costing 5500 y inore, and having a life expect-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 equipment for which reimbursement is requested. A reference shall be made to the following (as applicable): (1) the item number for the specific piece of equipment listed in the property schedule of the contract; (2) the Contracting Officer's approval letter if the equipment is not covered by the property schedule; or (3) be preceded by an ast-erisk (*) if the equipment is below the approval level. Further itemization of vouchers shall only be required for items having specific limitations set forth in the contract. (4) Materials, Supplies, and Noncapitalized Equipment - These are consumable materials and supplies and equipment other than that described in (3) above. ! (5) Premium Pay - This is remuneration in excess of the basic l hourly rate. (Requires written approval of Contracting Officer.) (6) Consultants' Fee - The supporting information m1st include the name, hourly or daily rate of the consultant and reference the NRC 4 approval (if not specifically approved in the original contract). 4 (7) -Travel - Domestic travel is travel within the United States, its territories, possessions, and Canada; it should be billed separately from foreign travel' Travel costs billed will provide for individual Per Diem, and all supporting information for each trip taken, t l
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( 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) Date Traveler Destination Purpose Cost From To From To
- 1. Airfare
- 2. Rental Car
- 3. Local Travel Days 9 =
4 Per Diem
- 5. Heals :
- Date Breakfast Lunch Dinner
- If not included in Per Diem.
- 6. Tips, Misc.
(Itemize if more than $10,00) (8) Subcontracts - Include all costs paid to approved subcontractors during billing period. This includes the details of the subcontract terms (i.e., cost-plus-fixed-fee, direct labor, indirect costs, travel, profit, etc.)
~(9) Other - List all other direct costs by cost elements and dollar amount separately.
(1). Indirect Costs--Overhead - Cite the formula (rate and base) in effect during the time the cost was incurred and for which reimbursement 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. e 1
(1) Cumulative Amount from Inception to Date 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 4 f
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- V00CHERS FOR PURCliASLS AND SLRVICES OTHER 1HAN PERSONAL SAMPLE VOUCHER Payor's Name and Address (a) Contract Number NRC-10-81-624 The U. S. Nuclear Regulatory Comission (b) Title of Project " Study of Nuclear Waste Division of Accounting, CON C neepts"
, Attention: GOV /Com Accts Section Washington, D. C. 20555 Payee's Name and Address 003 acc CORPORATION The National Bank, (c) Voucher Number 100 Main Street or Anywhere, U.S. A. (d) Date Voucher Prepared 10/18/82 l Anywhere, U.S. A. A ee f AB CORP.
(e) Total Estimated Cost of Contract (When Payments Assigned) 5350,000.00 Individual to Contact (f) Total Fixed-Fee Regarding This Voucher: Name: Harry Murphy 517,500.00 ITel. No.: 215-321-8654 i(g) This voucher represents reimburseable costs from 3/1/82 thru 3/30/82 Amount Billed (1) Inception to Oate (k) Current Period l(h) Direct Costs $2.400 56,800 (1) Direct Labor *
- (2) Fringe Benefits @ 16.5 L 1,200 l (if computed as percentaae) 600
! (3) Capitalized Nonexpendable S,000 Eauipment
- 5,000 (4) 11aterials, Supplies and 2,000 4,000 i Noncapitalized Equipment
- 100 150 i (5) Premium Pay 100 100
! (6) Consultants
- 200 200 i (7) Travel - Domestic
- i Foreign
- 200 200
? (8) Subcontract
- 3,000 9.000 (9) Other Costs *
(i) INDIRECT COSTS A) Overhead 100 L of Total Direct Costs $13,600 $29,650 (Indicate Base) 1 Subtotal $27,200 559.300 i
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B) General & Administrative Expense 3.264 _ ,6 ,4,50, , , ,,. 12 L of Cost Elements Nos.1-9. A 530,'464 565,750 Total Costs 1.523 3.400 (j) FIXED-FEE EARNED (Formula) 531,987 569,150 (rn) Total Amounts Claimed l (n) Adjustments 1,700 1.700 Outstanding Suspensions *
$30.287 567.450 l (o) Grand Totals
* (REQUIRES SUPPORTING INFORMATION.)
(SEE ATTACHED.) 2/M ! DC-3
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SUPPORTING INFORMATION
- 1) Direct Labor - $2400 Labor Hours Hours Cumulative Labor .
Hours Billed Category Negotiated Name_ Billed Rate Total Bill Smith 100 $14.00 $1400 975 Senior Engineer I 2400 Al Jones 50 $10.00 $500 465 Engineer 1500 Mike Kelly 100 $5.00 $500 320 Computer Analyst 700
$2400
- 3) Capitalized Nonexpendable Equipment Spectrometer - General Electric (as approved in Property Schedule) $5,000
- 4) Materials, Supplies & Noncapitalized Equipment 10 Radon Tubes 0 $110.00
= $1100.00 6 Pairs Electrostatic Gloves 0 $150.00
= $900.00 52000.00
- 5) Premium Pay Walter Murphy - 10 hours.0 $10.00 Per Hour = $100 (This was approved by NRC in letter dated 3/6/82.)
- 6) Consultants' Fee Dr. Carney - 1 hour 0 $100 = $100 7). Travel Traveler Destination Purpose Costs Date To From To From William King Chicago,-Wash., Meeting with 1) Airfare $80.00 3/1/82 3/6/82 IL DC Project 2) Rental Car $15.00 Officer 4) Per Diem - 2 Days 0 $50.00 = $100.00
- 6) Tips, Misc. $5.00 TOTAL: $200 f
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. 8) Subcontracts -
XYZ CORP. (CPFF) Direct Labor: Dr. Smith - 80 hours 9 $20.00 per-hour = $1600.00 0/H 9 50% =
$800.00 Travel - 2 Trips - Wash. , DC 9 $200 =
$400.00 to Boston, MA t'
Profit 9 7% = $200.00 TOTAL: 53000.00 (j) Fixed-Fee (Formula) (5%)
$350,000 X 5% = $17,500 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 Contracting Officer letter 3/10/82.
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