ML20138A482
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NUCLEAR REGULATORY COMMisslON f*
e W ASHINGTON. D. C. 20555
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FEB 3 1984 MEMORANDUM FOR: Phillip Ting, Project Officer FROM: Kellogg V. Morton, Chief Technical Contracts Branch Division of Contracts
SUBJECT:
DESIGNATION OF AUTHORIZED REPRESENTATIVE - PROJECT OFFICER This is to advise that you are hereby designated as the Project Officer for Contract No. NRC-04-84-113 with Batte11e's Columbus Laboratories (copy attached hereto).
You are required to be familiar with NRC Manual Chapter 5101, NRC Procurement Handbook, particularly Part V, Contract Administration and Close. Out. As a minimum, however, you are required to forward copies of all correspondence with Contractors to the Contracting Officer. Prior Contracting Officer concurrence may be required for some correspondence and others may be for-warded to the Contractor only over the Contracting Officer's signature.
Mutual cooperation and agreement between the Project Officer and the Contracting Officer will be the key to these determinations.
Further, you are required to comply with the provisions of NRC Manual Chapter 5103 - NRC Review of Contractor Invoices.
While this Manual Chapter and the NRC Form 292 included therein require your assessment of the Contractor's overall perfonnance in the review of submitted Contractor invoices, it is suggested that any potential Contractor problems be brought to the attention of the Contracting Officer as early as possible to enable positive corrective action to be initiated.
The Contract Administrator responsible for the administration of the contract is Marie Page. Additionally, the Contract Administrator should be advised in advance of any scheduled meetings with the Contractor. Should
\ you have any questions regarding this delegation of authority or require any assistance, please contact Barbara Jessup on X24281.
Kellogg Morton, Chief Technical Contracts Branch Division of Contracts
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Attachment:
l As stated l 8512120031 851112 i PDR FOIA l MILLAR84-682 PDR l
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UeS. Nuclear Regulatory Comission Division of Contracts O'>E ' ' ~
Washington, DC 20555 e comucios coorl l reciury coor1 v. camea *0 no-ri 'A'=awi N AME Are ADOtt15 Battelle Columbus Laboratories
"' ATTH: Mr. John Davis s ee;',",. 3,'e;,,
e zer ad > 505 King Avenue Columbus' OH 43201 ' ' ***" '" o' c ' $ 'd "r'""'""--'
L feesfe/J to ADD.fll SMOww ne. aaOCT
'll. SHIP to/ MARK FOa cooE l l i3- PAYMf NI Will St MADI BY Coorl UeSe Nuclear Regulatory commission U.Se Nuclear Regulatory Commission Division of Facility Operations - RES Office of Resource Management ATTN: Andrea Barnold, MS 1130 SS Division of Accounting and Finance Washington, DC 20555, ATTN: GOV /COM Accounts is. vna nOCUuAen -As O >=v2 5r=. O ~'Gon no. v >U ea 10.
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- 93. s.CCOUW1o.G APO ArraortlATION Data B&R No. 60190102 FIN B8997 $195,056 . . .
is. ... i r. i s. ie. no.
It t u N 3. SUPPillS / Sl avlC25 'OU A N111T Uedi UNf1 FBICI Amoup6 -
m 1e The contractor shall perfonn research entitled, "Quantification Through Experimentation of the Source Term Likely to Result from Sabotage of Spent Fuel Shipments" g 'p' ;'gs I
Tasks 1, 2, and 3 ,
( g Total Esti mated Cost:
Fixed Fee:
$181,262 -
13,792 otal Esti mated Cost
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e lus Fin dFue $195,056 W V ' k [
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(Estimatedl io'^t *Moum or Couruct s 195,056 CONTRACTING OFFICER 17'ILL COASPLETE BLOCK 22 OR 26 A$ APPL 1CADE.E
- 22. @ CONTRAOOe $ Nf GO11Alf D AGRit eAINT (cestracter is regee're/ de sig. 2.. O ***== 'ce <e 3 <'e e s e-- '- > '-*-
ci, se,s .., no s ,,,. 7 ,ers,,,eseeer.,.f , c.ne..e, e e. . ie, o;.a , ei.d se Iwaith e.d det.... els memo es poefee- .II the ....iees set leveh es eskeemse add.e.eae se ehensee .ede by yee = Web edde..ae ** <hea pes e.e *d 8**ek la M sde.mbd ebe ead on say seas. aves ea skee*e for the some.deres.ea esesed be,ose. ebe.. se k.eby .one .d es se ok ies.e 6.ee .d et.e .e sad == ear saa'==es ** ebet N sie'*e sad *bt.ges.eae of the pers.es se she . nhoo ekort be sebien to end pe. This e.e.d saae-es e
.a d by the Reflemas des ****es. lol el e e=e d/seahed, (b) she eeliedet.ea, 40 m.y, h Co......as's set.edet % se .en yo.e a and .wehet..
eaa...se ead (b)ofIMeshe fe#e-ias dese=..ease.
e.eediseahese S and (c) eveh peeeieiene, esp eseaees eae, eersibee ;ene, sad speelkee.eas. es ese feveke cose.ecovel deewmeae 8 eeeeeeery enee.d on Sane *pe.efed by eetenease beseen. (allatsangels erg lested herese.)
" 23. HAa41 OF CONitAOOe 3r. UNillo $1atti Of AMi ssCA SY ev (5gae*we of pereea eene.e ie.d e e. pal gs.yaes,e of Cea . g Otta st
- 24. HAME Abe IffLI CF 58CN!E (Type er prief) 2), DATE SIGNE,D 28. NAuf Of (ONitAC16HG Of f SCI A ( T;fe er / *ee8) I' 041I S ONED Kellogg V. Morton 2._, . e -.ee --e.. .ees e e ese .e . .
NRC-04-84-113
. Page 2
- 2. On page 15, Section 6.0, add the following:
NRC Furnished Material 36 Viper Billet Liner Assemblies 36 Precision Initiating Couplers
- 3. On page 16, Article II, add the following: ,
Period of Performance 20 months from effective date of contract
- 4. On page 16, delete Article III in its entirety and add the following:
ARTICLE III - CONSIDERATION AND PAYMENT (Fully Funded Cost Reimbursement) ,
A. Estimated Cost and Obligation -:
- 1. The presently estimated cost of the work under this contract -
is $ 195,056.
- 2. The amount presently obligated by the Government with respect to this contract is $195,056.
B. 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 Clause 5.1-1 of the General Provisions hereto.
- 5. On page 16, Article IV, incorporate the following provisional rates:
ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES A. Pending the establishment of final overhead 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 81 percent of the direct labor base.
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B. .Pending the establishment of final research burden 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 30 percent of the direct labor base.
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, l C. Notwithstanding A. and B. of this Article, said provisional overhead l and research burden rates may be adjusted as appropriate during the term of the contract upon the acceptance of such revised rates by the Contractia Officer. I
- 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 i
- 7. On page 19, incorporate the-following:
Project Officer Phillip Ting
- 8. On page 21, add the following Special Provision: ..
5.12 racilities Capital Cost of Honey (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 support of contracts. A cost of money rate is derived from a comon source and unifonnly imputed to all con-l tractors. Capital employed is determined without-regard to its source as between equity or borrowed capital. The t
resulting cost of money is an imputed cost and is not a form of interest on borrowing as discussed in 1-15.205-17.
4 (b) Facilities capital cost of money is an allowable cost provided (i) the contractor's capital investment is measured, allocated to contracts, and costed in accordance with CAS 414, and (ii) the contractor maintains adequate records to demonstrate compliance with item (i).
(c) Cost of money for facilities capital need not be entered on the company's books of account. However, 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 pennit audit and verification.
(d) Cost of money which is calculated, allocated and documented in accordance with these regulations shall be deemed an
" incurred cost" for rr imbursement purposes under cost type contracts, and for progress payment purposes under fixed-price type contracts."
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Table of Contents
- 1. Cover Letter
- 2. Table of Contents
- 3. SF 33, " Solicitation Offer and Award;" Representations, Certifications, and Acknowledgments, Part I
- 4. Schedule, Part II 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 -
(41 CFR Part 20) .
NRC Organization Chart Attachment 2 Proposal Summary and Data Sheet Attachment 3 Optional Form 60 Attachment i General Provisions Attachment 5 NRC hknual Chapter 3202 Attachment 6 Billing Instructions Attachment 7 ee e
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33 339
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- PRINC PAL PLACE OF PERFORMANCE:
DUNS 0:
Page 2 of 35 RE PR(1f NT ATIONS. CE R14FIC AllONS AND ACKNOWLEDGME NT S
. RE PRESE.%1 ATIONS eC%es e er complete soldwel cab e cones or elocas i The of t. os sesweiears as pars of h.s of te that
- 1. SMALL SustNT E5 t$te var fd on $F JJ A I he C .s. ! .4 not a smen bus.nen conceen if of fe.oe .s e sman bus.aen concern and is not the manutectueen of sne swophes oHeeed.
e.e also espeesents inat ..e supos es to be fwenesned heaw a der ! =di. I w.as not, he man fuacturered oe twoduced by a small bus. ness conce'n
.n the Un.iec State. .s possus.ons, or Puerto R.co
- 2. MINORITY SUSINESS ENTERPRISE He C es, C es not, a m.aoney bus. ness enterprise. A mmority busmesi enterprise es def ned as a %ws. nets. at least 50 percent o' wh.cri is owned by m.nority 3,owo members oe.m case of rsubhcly owned buonesses, et least 51 perceni of the stocs of which .s owned by mme,e.tv group members " Foe the pu pose of th s oefenion, menority yowp ymbers are Neroes. Span.sh speakmg Ames.can per sons.
e ArmericanOreentals, Amer.can lad ans. Amer.can Est *os, and Amer can Asevts.
- 3. REGULAR DE ALE A - MANUF ACTURE A IAppteca6/r only to suppier contracts escreosny $10.000)
He es a C regusar dealer en C man u facturer of, the supplees offered
- 4. CONTINGENT FE E t$ce par #$ on $F 33 A i fae He ! ha?. ! has not. empioved or reta ned any company or persons torner than d tutt tsme cond tete ernutoree wureeng soleirr or the ottero*# to soa.c oc secuse this contract and ibl he C has.O has not. paid or agreed to pay any company oe person utner e rAseee f.ts teme cona tece ernasovec sierasnp soleir for rne offerort any fee, comm.u.on percentage. or otokerage fee cons.ngent i.pon or resulting from the award of th.s contract.and ageses to furnah enformation retalmg to tal and Ibn above. as reawested by the Contract no Officer t/nterare tatoon of the representaroon ornetsamg the term " bons tooe erw;o r ce."see Code of Freeral Regv a aroons. htte d1. Subpart 1.E.$ I
- 5. TYPE OF SUSINEis ORGANIZATION He operates as C en enoev dual. C a partnersnep. C e nonprofet orgarhaation 2 a corptprateon, .ncorpoesteS under the la ars of the State .*
of S. AFFILIATION AND IDENTIFYING DATA IAppi, cable on/r to adverresed solecetaries /
Esca offeror shan comoiete tal and (bl of apol canie. and Icl besow tat He : ss. : es not. owned or controtled by a parent company. t$ee per.16 on $F )) A.o (bt if the offeroe es owned or controlled by a parent company.he shell enter en the blocks below the name and main office address of the parent company:
e or .. ,coue .
a o wa= 0.eacg aOo=t .s e'ea ee t ease.
- c. seanc se s et=r.s< av.o= = es. saa ese er so asa, cws eo s e , oc ...e=ecow .=.sa.no
- 7. EOuA L OPPO RTUNIT Y lal He O has. O has not. part.cipated in a prev.ous contract or subcontract subiect e.tner so ine towai Opportunity ciawie nerem or the clause originativ contamed .n section 301 of Esecos.ve Order No 1D925. os the clause conta.ned en Section 201 of Esecutive Order No 11184. that he O has C hn noi. f.ied are reowired comon. dace reporis. and snai roo,esentaieons .nd.cai.ri, subm.ss.on of reau.eed comos.a..c.
recorts. signed Dv proposed subcontractors. w.88 be cbta.ned prior to twocontract awards IThe above eco,esentat.on need not be submittee sa conrect.on with contracts or subcontracts nn.ch are esempt from the oowel oooortunety clause s
- De The Dadder for offerori represents that (11 he O has developed and has on f le. C has not ne eioped and non not neve on fde. at eacn estaclishment affermatese act.on programs as roovered by the tvies and regulat.ons of the Secreterv of Lacor f41 CF R 601 and 60 21 or
- 12) he O hcs not prev.ously had contracts swagect to the westten affirmateve act.on programs roowerement of the rules ano regulatior.s of sne Secreterv of Laoor. 7 The acore representat>on snart ce comblered bv eeen endorr for o!!rrort anose sud rottert is $50 000 or more ano sono nas
$U or mtwo tor.pacrees I CER T8F tCAT80NS iCnece or comourre art sooraesore sones or orocess 1 SUY AMf RICAN CERTIFICATE The offeror cert f.es as part of h s offee, anat each end product, except the end products tested be.o . .s a coment c end procuct ist def.neo en the creuse entitled "8vy Amet.can Act"), and snas camcnnents of vnenown of egm have been cons.desee to have been mened, oreduced.or manufactured outs ce the United States.
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Page 3 of 35 3 CLE AN AIR AND % ATE R lAaDi* table el the boC or offer entecos 5900 000,or the eentrattsng offster has determened ther or0ers unger ar. sridetentle cuantity contrett en any peer owl! estead flN Q@ or a lagoln'tr to be used has beert the subre ct of a toosettron unoe* the Clean Aer Act id2 u 5 C FS57t Digitfiler the !corra! 0+ater Po!!wt on Control Act 13J u 5 C F279teIIand en tasted by LPA, or en not otherwest usempt i The b dce, of offesor tertifies as Iofiows:
lal Any locality to be uteleted en the periosmanCe of that proposed Contract C has. C has not, twen lested on the Eneponmentai Protection Agency List of Veolating Facilmes.
Ibl Me will Pomptly notify the contractmg officer, ps.or to awaea,0f the receipt of any commun. cation teoa.i the Dnector, Off.ca e' Feoeral Activities, Env.conmental Protection Agencs end.catmg that any facility which he p'oposes to use for the performarsca e' the contract is uncer consideration to be listed on the EPA list of V.olating Facilities.
Ici Me will inc;ude substantially the certifecation, meluding this paragraph (c), en every nonenempt subcontract.
- 3. CERTIFICATIDN OF INDEPENDENT PRICE DETERMINATION (See par. if on St JJ Al fee By submiss.on of this offer, the offesor certifies, and in the case of a toent offer, each party theetio certif.es as to its owe orpnization, that in connecten with thes procu rement:
til The prices en this offer have been arrived at oncepenoently, without consultation, commun. cation, oe agreement, foe the purpose of eestesting competiten, as to any maner re:atmg to such preces with any other efferor or with any comselitor.
(21 Unless otherwise reovered by law, the prices which have been owoted m this offee have not twen knowingly discioned by the offeror and will e.ot knowmgly be desclosed by the offeror peer to openmg an the casa of an advertiseo procueement or prior to aaard in the case of a negotiette procurement,duectly or indi ectly to any other off eeor or to any competitor, and 131 No a,ttempt has been made or well be made by the offesor to induce any other person or firm to submit or not to swbmit an of ter for tnat purpose of restrictmg competriion.
(b) Each po' son s gnes this offer certif.es that:
111 He es the person in the offe.or's organization sesponsible within that organisation for the decision as to the prices being --
ofte ec hereen and that he has not participatec.and w ti not partecipate, m any action contrary to f ailla through felt 31. above, or (2) (il He is not the person en the offeror's organization eesponsible within that oegansaation for the cecision as to the precer-,
ce.ng offerec herein but that he has been authorised m writmg to act as-agent for the persons responsible f or such decis.on en cartifymg that suct pe' sons have riot participated and w ;I not participate, en any action contrary to tal(1) through (alf 31 above, and as their ayent does _.
hereoy so certify and lut he has not participated, and well not participate,in any action contrary to fall 18 theough fall 31 above.
A~ CERTIFiCAT)ON OF NONSEGREGATED FAC1UTIES (App!* cable to !!) contracts. (2) subcontracts, and (3) agreements watr apo.ocants who are themsrives performang federa!Ir assessea constructoon contracts. escredong S10.000 when are not enempt trom the pennsoons of the Eeust Opporsonoty clause.)
By the suomiss.on of this bed, the bidoer, offeror,, applicant, or subcontractor certifies that he does not me.ntain or provide for his emp; ogees any seg'egated fac:letees at any of his establishments, and that he does not permet his employees to perf orm their servitri at any location .ancer his control, where segregated f acilities are me.nta ned. He certifees further that he will not mamtam or orov.de foe his employ.
ees any segregated f atalities at any of his establishments, and that he will not permit his employees to perform thew services at any location, unoce his control, where segtegated foolit.es are maintained. The b.eder, offeror, applicant.or subcontracto' ag'ees that a breach of this cer-tificateon es a violation of the Ecust Opportunity clause m this contract. As used m this certifecateon, the term "segiesaire face 6stees" mearn any wait.ng rooms, work areas. test rooms anc wash rooms. restaurants and other eating asses, time clocks, locker sooms and other storage or oressing areas. porkeng lots, drmking fountains, recreation or entertsenment areas, transportation, and housmg f acilities proveoed for employees whicn are segregated by esplicit detective or are en fact segregated on the basis of race, color,relig.on or national origsri, because of habit, local custom, or otherwise. He 8vrther ag'ees that (eacept where he has obtained scentical certif. cations from crocosec subcontractors for sortifec teme periods) he will obtain identical certifecateons from proposed subcontractors prior to the emard of subcontracts escaeding 510.000 which are not enempt from the proviseons of the Eouel Opportunity ctause: that he will retain such certificateens en has bles: and that he will forward the followerig notice to such proposed subcontractors teacept where the propotec subcontractors have submitted edentical certif cat.ons for specific time peroods):
Notice to prospectne subcontractors of recuirement for certifications of nonsegeegated facilit.es.
A Certifecation of Nonsegeegated Facilitees must be submitted prior to the a.ord of a subcontract escreding $10.000 which :s not esempt from the provisions of the fouer Opportunity clavie. The certif.caison may be submiiied eitner for each subcontract on for ati ;
subcontracts durms a pereod (e.e., ouarterly, semiannuasty, or annuattyi. NOTE. Tne penalty for maamp tatse otters os prescribed m 12 ,
u.s c s00f Continued on Page 4
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ACKNOWLEDGMENT OF AMENDMENTS The onwar scano eages eecept et ame+
moeite is *he 5eacnatean ser onoce and reisied assumens numosess ans seied as sonows, 40TL Otters must ser torsn tuto. occurate anc como ere s mtormaroon as reeveret* Or stus SoI*cotateen foncludong strataments The per. arty for masone false statements in offers os prostrobed en 18 U $ C 1001.
siaaeers t e+ a3 re,. a no 2.a L
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, PART I Representations, Certifications, and Acknowledgments - Continued SF-33 (Page 3)
- 5. WOMAN-0WNED BUSINESS 1
Concern is 6 is not 6 a woman-owned business. The bu.siness__is u publicly l owned, a joint stock association, or a business trust /_] yes Lf no,' The business is G certified G 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 4
actively involved in the day-to-day management.
For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted. Exempted businesses may voluntarily represent that they are, or are not, woman-owned if this information is available.
- 6. PERCENT OF FOREIGN CONTENT ~
The offeror / contractor will represent (as an estimate), immediately after ~
the award of a contract, the percent of the foreign content of the item or _.
service being procured expressed as a percent of the contract award price (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 6 (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, l
I 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.
Page 5 of 35
- 9. CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST 4
I represent to the best of my knowledge and belief that:
The award to of a co modification of an existing contract does LJ or does not /_gract or the
/ involve
. situations or relationships of the type set forth in 41 CFR paragraph l 20-1.5403(b)(1 ).
1 If the representation as completed indicates that situations or relation-
! ^
ships of the type set forth in 41 CFR 20-1.5403(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 factors bearing on his represen-t tation to the Centracting Officer. If the Contracting Officer determines 4
that organizational conflicts exist, the following actions may be taken:
(a) impose appropriate conditions which avoid such conflicts, (b) disqualify the offeror, or l (c) determine that it is. othenvise in the best interest of the United '
States to " seek award of the contract under the waiver provisions of ~
l 20-1.5411. -
, The refusal to provide the representation required by 820-1.5404(b) or -d upon request of the Contracting Officer the facts required by 820-1.5404(c),
shall result in disqualification of the offeror for award. The nondisclo-sure or misrepresentation of any relevant interest may also result in the
- disqualification of the offeror for awards; or if such nondisclosure or i 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 pro-l vided by law or the resulting contract.
! The offeror may, because of actual or potential organizational conflicts 1
of interest, propose to exclude specific kinds or work from the statements of work contained in an RFP unless the RFP specifically prohibits such
- exclusion. Any such proposed exclusion by an offeror will be considered
' by the NP.C in the evaluation of proposals. If the NRC considers the pro-j posed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be ' rejected as unacceptable.
1 The offeror's failure to execute the representation required herein with j respect to invitation for bids will be considered to be a minor informality, l and the offeror will be pennitted to correct the omission.
4 Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-1.5404-1) prohibiting contractors from engaging in relationships which may give rise to an actual or apparent -
conflict of interest. Note: NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No.1.
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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). ,
A. COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED C01, TRACT COVERAGE If the offeror is eligible to use the modified provisions of 4 CFR 332, l 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 i lieu of the Cost Accounting Standards clause. r j 6 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 (i) during his cost accounting period imediately preceding the period in which this proposal was submitted, he received less than $10 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 furthei certifies that if his status changes prior to an award resulting from this proposal, he will advise the Contracting 5
- Officer inmediately. .
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 i
accounting period, they have been awarded a single CAS-covered national i 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-i tation shall be subject to the requirements of the clauses entitled
- Cost Accounting Standards - Nondefense Contract (FPR 51 -3.1204-2(a))
and Administration of Cost Accounting Standards (FPR Si-3.1204-1(b)) if it is awarded to a contractor's business unit that is performing a .
i 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 B1-3.1203-2(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 ll-3.1204-2(b)) and Administration
{ of Cost Accounting Standards (FPR ll-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 unit that is performing under any CAS-covered national defense l 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 l 1s not applicable to small business concerns, i
.. _ . = _ _ __ .
Page 7 of 35 Certificate of CAS Applicability The offeror hereby certifies that:
A. /7 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 performing 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 subcontract 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. // It is an edu'cational institution receiving contract awards 4
subject to FPR Subpart 1-15.3 (FMC 73-8, OMB Circular A-21).
E. G It -is a State or local government receiving contract awards subject to FPR Subpart 1-15.7 (FMC 74-4, OMB Circular A-87).
i F. 6 It is a hospital.
l 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)). ,
Additional Certification - CAS 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).
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Page 8 of 35 Data Required - CAS Covered Offerors The offeror certifying under A or 8 above but not under 0, 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 negotiate <
o f fe ror. defense contract or subcontract, will become effective upon the national Name of CO:
Address:
Telephone No.:
Standards not yet applicable:
i --
- 11. FACILITIES CAPITAL COST OF MONEY Facilities capital cost of money (see FPR ll-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
- Money clause. -
/ / 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. .
2((TTheprospectivecontractorhasnotspecificallyidentified !
or proposed facilities capital cost of money in its proposal -
and elects not to cl&im it as an allowable cost under the contract. ,
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PART 11 l CONTRACT SCHEDULE l l
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 draf t study (SAND 77-1927) which credic.+d that successful explosive sabotage of a spent po er reactor f uel 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 f orms of any _.
released radioactive material. . . ~.
~
The NRC and DOE responded to this need for technical data by sp:,soring separate but coordinated experimenta'l programs. These research programs have now been completed (see NUREG/CR-2472, " Final Report on Shipping Cas.L Sabotage Source Term Investigation" and SAND 82-2365, "An Assessment of the Saf ety of Spent Fuel Transportation in Urban Environs.") The results o'f 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 fatalities.
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Page 10 of 35 I
. On the basis of these results, consideration is being given to revising ,
the requirements for the protection of spent fuel. In this pruposed 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 applicable to the shipa.ent of spent fuel f rom HIGRs and NPRs becaut.e of dif f e rences in the shipping casks used, the radionuclide inventories, the physical structure of the fuel, an.d the interaction between the explosive and the fuel. It is expected,. however, that the source terms for these spent f uels 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 7 quantification of the source term likely to result f rom sabotage of spent fuel shipments f rom HIGRs and representative HPRs.
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 from 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.
2.0 WORK REQUIRED: *
.The contractor shall provide the personnel, f acilities, r.aterials, equip-ment and services necessary to perform the following tasks:
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. =. - . . , - . . - ,
use 11 of 35 lask 1: H1GR Spent 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 HlGR spent fuel, to determine ar.alytically the amount and the chemical and physical form associated with any material release. Submit the results of this analysis in the form of a letter report to the NRC by I* arch 1984 Note: The following subtasks ib, 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 determir.ation 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. 0,n the basis of the results of Task Ib and/or Task it, determine the amount and form of the potential radiological release that would result from sabotage of HlGR 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 reactore. (AGN, TRIGA, pool, and tank) needed to determine which type of fuells) should be tested to obtain quantitative data i
, , - - - - - , - . - --- -g- , ,--,-y ---y -
12 of 35 on the potential hazard to the public of an act of sabutage un such i
spent fuel while it is in transit. This inf ormation should include, but not be limited to, the operating pnwer 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 reacturs, (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 _
of non power reactors. Submit the results of this evaluation in the , _ . ,
form of a letter report to the NRC by July 1984.
7:.
~
- b. Compare the results of Task 2a to the results for H1GR and LWR 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 hovsmber 1984.
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, Page 13 of 35 3.0 OPTION TASK Task 3: High level Waste
- a. Obtain or prepare borosilicate glass samples which simulate vitrified high level- radioactive was'te.
- b. Perform the same subtasks as under Task 1 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 by April 1985.
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, Page 14 ef 35 4.C REPORi]NG RED'. _. 'I 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:
i o 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 time 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 T.
not provided with the Form 189, an'd 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, material and services, ADP support, subcontracts, travel, general and administrative and other related items, and (3) current obligation status information for the project.
4.2 Technical Reports 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 i
January 1985. If Task 3 is performed, the draft final report shall be submitted by June 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 NRC project manager.
- f 3E 5.0 MEETINGS AND TRAVEL I 5.1 All travel requires prior approval of the NRC project manager.
5.2 Annual Light Water Safety Research Meeting 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 .
None.
. j--
7.0 CAPITAL EQUIPMENT All capital equipment expenditures require the prior written approval of the NRC project manager.
8.0 SUCCONTRACTS Subcontracts require the prior written approval of the NRC project manager.
9.0 CONTACTS WITH NRC LICENSEES Any contacts with NRC licensees require prior written approval of the NRC project nanager.
10.0 ESTIMATED LEVEL OF EFFORT The estimated level of effort is one (1) man year.
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w ARTICLE !! - PER100 M PERFORMANCE The perforinance of work described in ARTICLE I hereof shall commence as of the effective date of this contract and shall continue to completion thereof, esti. 1 mated to occur within 16 months after said contract is effective. l ARTICLE III - CONSIDERATION AND PAYMENT (Incrementally Funded Cost Reimbursement)
.A. ; Estimated Cost and Obligation
- 1. It is estimated that the total cost to the Governmcnt for full perfors-ance of this contract will be 5 *
- 2. Total funds* currently available for payment arid allotted to this cor. tract are 5 ;.
- 3. It is estimated that the amount currently allot ed<will cover perforinance
of Phase J;which is sclyduled to be completed - ' months from the effective'date of tre contract. .
g
- 6. Payment '
'The Government shall render payment to the contractor in approximately thirty (30) days after submission of proper and correct invoices or vouchers. -
m'
. Additional provlsions relating to payment are contained in C*ause 5.1-3 of -:
the General Provisions he.eto f ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES A. Pending the esta'blishment of final overhead rates which shall be ,
' negotiated based og eudit.of actual costs, the contractor shall be tw!mb,ursed for alloweble indirect costs haret.nder at the provisional
- rat
- ! of
- percent of *
\
, B. Pending the establinhment of final general and administrative rates which i
j shall be negotiate / based on audit ofr.tual costs, the contrsctor shall be
, reimbursed for al?owable indirect costs %reunder at the provisional rate of
- percent-af 1
C. Notwithstandi.d f. ah'd 8. of this Article, said provisional overhead and G&A rates may be adjusted as appropriate furing the terie of the ::3ntract upcn the acceptance of such revised rates by the Contracting Officer.
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- To be incorporaci d into 3ny resultant contract .
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Page 17 (
', ARTICLE 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.
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:
- 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. -~
4 specifications or technica.1 portions of the work description.
4 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.
- 8. Technical direction must be within the general scope of work stated in the contract,. The Project Of ficer does not have the authority to and may not issue any technical direction which:
i
- 1. Constitutes an assignment of additional work outside the general scope ,
i of the contract.
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- 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.
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- 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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3 C. ALL TECHNICAL DIRECTIONS SHALL SE ISSUED IN WRITING SY THE PROJECT OFFICER OR SHALL BE CONFIRMED BY SUCH PERSON.!N 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 artic1s 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 8(1) through (4) above, the contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days af ter 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 iss' e' v 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 commitment or direction issued by the Project Officer may ,
result in an unnecessary delay in the contractor's performance, and may ~ ~
I even result in the contractor expending funds for unallowable costs under the contract. .
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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."
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j ARTICLE VII. PROJECT OFFICER
- is hereby designated as 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 dispute arising under the contract; or issue any unilateral directive whatever. -
,, The Project Officer is responsible for: (1) monitoring the contractor's technical progress, including surveillance and assessment of performance, and recomending
, to the Contracting Officer changes in requirerents; (2) interpreting the scope of work; (3) performing 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 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 s 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.
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- To be incorporated into any resu'; tant contract.
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Page 20 of ARTICLE VIII - TRAVEL REIMBURSEMENT 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 $ 2I The per diem amount is comprised of lodging expense plus 5 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 will be annotated that economy class acconnodations were not available. -.
First-class air travel is not authorized. .
._.x
- 5. Receipts are required for common carrier transportation, lodging and miscellaneous items in excess of, $15.00. T
- 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 553.00 Current rate is $23.00 Current rate is 20 1/2( -
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ARTICLE IX - GENERAL PROV1510HS/ALTERAT10d5 This contract is subject to the attached provisions of Appendix A General Provisions, entitled " Cost Type Research and Development Contracts With Connercial Organizations," dated 12/1/81, Attachment 5.
Special Provisions Added:
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-Dwned 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 c
The proposal will be evaluated for pprposes 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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..- .- Page 12 of 35 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 Standards clause within 60 days (or such other date as,may be mutually agreed to) after award of a contract requiring such change; ,
(2) For any chance to cost accounting practices proposed in accord-ance with paragraphs (a)(4){B), (a)(4)(C) of the Cost Accounting Standards 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 may be mutually agreed to) prior to the effective date of the Proposed change; or C 4 (3) For any failure to comply with an applicable Cost Accountin Standard or to follow a disclosed practice as contemolated by paragraph (a (5) -
i of the Cost Accounting Standards clause or with paragraph (a)(4) of the Disclosure and Consistency of Cost Accounting Practices clause within 60 days (or such other date as may be mutually agreed to) af ter the date of agreement of such nonccmpliance by the Contractor.
(b) Submit a cost impact proposal in the form and manner specified by the cognizant Contracting Officer within sixty (60) days (or such other date as may be mutually agreed 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 amendr.ents to reflect adjustments established in accordance with paragraphs (a)(4) and (a)(5) of the i 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 Standards
. clause or the Disclosure and Consistency of Cost Accounting Practice clause so state in the body of the subcontract and/or in the letter of award. Self-deleting clauses shall not be used.
(e) Include the substance of this clause in all negotiated subcontracts containing either the Cost Accounting Standards clause or the Disclosure and 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 infomation to the Contract Administration Office Coonizant of the subcontractor's facility.
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.. ..a Administratici. of Cost Accounting 5taa.dards (1-3.1204-1(b)) Cont'd.
(1) Subcontractor's name and subcontract number.
(2)
Doll'ar amount and date of award. . -
(3) Name of Contractor making the award. -
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tomakeany(4) A statement as to whethe~r the subcontractor 5as made or prop changes to accounting practices that affect prime contracts or subcontracts containing the Cost Accounting Standards clause or Disclosure and Consistency been reported. of Cost Accounting Practices clause unless such changes have alrea standard (s) effective for the first time, this shall also be reported. t (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 Certificne
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of Current Cost or Pricing Data or date of award, whichever is earlier.
(g)
In the event an adjustment is required to be made to any subcontract hereunder, notify the Contracting Officer in writing of such adjustment and .
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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- --i contract adjustment. and shall include a proposal for adjustment to such higher tier subcontract or. prime contract as appropriate.
(h) When either the Cost Accounting Standards clause or the Disclosure and Consistency of Cost Accounting Practices clause and this clause are included in subcontracts, the term " Contracting Officer" shall be suitably altered to identify the purchaser.
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,4 s us so 1.23 Cost Accouriting Standards--Nondefense Contract (1-3.1204-2(a)) (51 s
(a)
Unless the Administrator of General Services has prescribed rules or regulations exempting the Contractor or this contract from standards, rule regulations in connectionpromulgated by the with this contract, shall: Cost Accounting Standards Board, the Co ,
(1)
Follow ' consistently the cost accounting practices established or disclosed as required-by regulations of the Cost Accounting standards Board a
, administered under the Administration of Cost Accounting Standards clause. If i
any change in disclosed practices is made for purposes of any contract or subcontract subject to those disclosure requiremenu, the change must be app in a consistent manner to this contract. ,
(2) required to comply with by reason of concurrent performan 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 subcontiact.
required prospectively from the date of applicability to such contract orSuch co=pliance subcontract.
formance of work under this contract. Compliance shall continue until the Co
..n (3) A clause of this contract, if anAgree to an equitable adjustment (asChano provided s in th ~
which, pursuant to (2) above, y)Contractor the if the contract cost is ato e is required closure Statement or not.lished cost accounting practices whether such pract j (4) i conditions under which a change to eith'er a disclosed cos cr an established cost accounting practice, abave or (a)(6) below, may be made. other -than a change under a (3) !
either the Government or the Contractor, Provided, howev may States. be made under this provision that will increase costs paid by the United (5) as appropriate, if it or a subcontractor fails to comply with t Cost Accounting Standards or to follow any practice disclosed or established pursuant increased to costssubparagraph paid by the United (a)(1) States.
or (a)(2) above and such failure results in any Such adjustment shall provide for recovery of the increased costs to the Uritted States- together with interest "
i thereon comouted at the rate deterinined by the Secretary of the Treasury pur-t suant to Pub. L. 92-41 (50 U.S.C. App.1215(b)(2)), or 7 percent per annum.
whichever is less, from time the adjustment time the payment by the United States was made to the-is effected.
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j (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 disclosed cost accounting practice or sn established cost accounting practice.
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R) . The Centractor sha'. . any auth2rized' representatives of the head
! *t f 'th*e agency, of the Cost Acc:
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. ;. Standards Board, or af the* Comptroller Gener-) of the United States te examine and make copies of any dsements, papan, or records relating to compliance with the requirements of this clause entil the expiration of 3 years' af ter final payment under this contract or such . .
lesscr time specified in the Federal Procurement Regulations (FPR) part 1-20.
'.(c) Unless a subcontract or Subcontractor is exempt under rules or regu - ,
lations prescribed by the adniinistrator of General Servicer, 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 performing a national defense contract or subcontract that contains i 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-i defsnse Contract clause set forth in 5 1-3.1204-2(b) of the FPR in negotiated subcontracu under this contract with all other subcontractors. The Contractor i may elect to use the substance of the solicitation notice set forth in 51-3.1203-2(b) of the FPR in his determination of applicability cost accounting ,
standards to subcontracts.
(d) The terms defined in 5 331.20 of Part 331 of Title 4 Code of Federal Regulations, shall have the same meaning herein. As there defined; " negotiated subcontract" means "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 -
7 (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-l Nandefense Contract clause and reference to the Disclosure and Consistency of -
l Cost Accounting Practices clause shall be deemed to include the Consistency of Cost AcEounting Practices--Nondefense Contract clause.
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Pai 1.24 attor Cost and Pricing Data (1-3.'814-3(a)) (5100.000)
(a) The Contractor shall require subcontractors hereunder to submit.
actually or by specific idcntification 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 $100,000 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 $100,000; except where the price is based on adequate price competition, established cataloo 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 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 (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.
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(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 adeouate price ccroetition, ;
established catalog or market prices of comercial items sold in substantial m quantities to the general public, or prices set by law or regulation. In each such expected subcontract hereunder in exce'ss of $100,000, the Contractor shall insert the substance of the following clause:
)
i SUBCONTRACTOR COST OR PRICING DATA-PRICE A0JUSTMENTS
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(a) ' Para ~ graphs '(b) an~d (c) of tEis c1'ause slall become ocerative only with respect to any modification made pursuant to one or more provisions of this contract which involves aggregate increases and/or decreases in costs plus apolicable 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: -
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I (1) Prior to award of any subcontract, the amount of which is expected to exceed 5100,000 when entered into; '
,' (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 adcouate 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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a Subcontract Cost and Pricing Data (1-3.814-3(a)) Cont'd (c) The Contractor shall require subcontractors to certify, in substantially the same fann 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.
of agreement ~oH the negotiated price of the subcontract or subcontract change or modi fication.
(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.
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1.25 Price Reduction for Defec%ive Cost or Pricing Data (1-3.814-1(a)) (5 . .
),
If any price, including profit or fee, negotiated in connection with this ~3 contract or any-cost-reimbursable under this contract was-increased by'any sioni-ficant sums because: -
(a) The Contractor furnished cost or pricing dat's which was not accurate, :
complete and current .as certified in the Contractor's Certificate of Current ,
Cost or Pricing _ Data;- !
l (b) A subcontractor, pursuant to the clause of this contract entitled
" Subcontractor Cost or Pricing Data" or " Subcontractor Cost or Pricing Data--Price Adjustments" or any subcontract clause therein required, furnished cost or pricino ,
data 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 Certificate of Current Cost or Pricing Data; or (d) The Contractor or a subcontractor or prospective subcontractor furnished '
any data, not within (a), (b) or (c) above, which was not accurate as submitted: ~
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 prosoective subcon- m 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 w::s less than the prospective subcontract cost estimate submitted by the Contractor::
Provided, The actual subcontract price was not affected by defective cost or 4
pricing data. . -
(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 such subcontract requiring 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
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defective cost or pricing data required to be submitted by his low tier
. subcontractors.)
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1.26
. trice Reduction for Defective Cost or Pricing Date - I rice Adjustments (1-3.B14-1(b)) ($100,000).
1 l (a) This clause shall become operative only with respect to any modification cf this contract which involves aggregate increases and/or decreases in oosts plus appTicable profits in excesY of $100,000 u'nless the modification is priced on the basis of adequate price competition, established cataloo or market prices of comercial items so13 in substa'n'tial quantities to the general public, or orices -
set by law or regulation. The right to price reduction under this clause is limite to defects in data relating to such modification.
(b) If any price, including profit, or fee, neootiated in connection with any price adjustment under this contract was increased by any significant sums because:
(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'i Adjustscr.ts" or any subcontract clause therein required, furnished cost or cricina-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 riata which was reouired 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 l
(4) The Contractor or a subcontractor or prospective subcontractor furnished any data, not within (1), (2) or (3) above, which was not accurate, as
! submitted; the price shall be reduced accordinglyc and the contract shall be modifiti 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-tractor, when the subcontract was not subsequently awarded to such subcontractor, j
will be limited to the amount (plus applicable overhead and profit markup) by i 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 dafective cost or pricing data.
I j (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-t cation will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his lower tier subcontractors.)
i (c) Failure to agree on a reduction shall be a discute concernino a question i
of fact within the meaning of the " Disputes" clause of this contract.
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Page 30 of 35 1.27 OPTION TO EXTENT THE TERM OF 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 (00)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.
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3.12 Ut ilia stion Owned Business Concerns (Over $10,0b63e as oi'Je .
.s (a) It is tL. ;. . . i cy of the United States Government that women-owned businesses shall have the maximum practicable opportunity to participate in the perf ormance 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-cwn2d 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 management. " Homen" mean all women business owners,.
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, 5.8- Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) ,
is applicable to payment of the expiration invoice under this centract and requires 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:
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(1) The date of actual receipt of a proper invoice (original and 4 copies) to the U.S. Nuclear Regulatory Comission, Division -:
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 perfomed in accordance with the tems of the contract.
i (c) If the final product / service is rejected for failure to conform to the technical requirements of the contract, the provisions in i paragraph (b) of this clause will apply to the new delive.ry of the final product / service.
(d) The date of payment by wire transfer through the Treasury Financial Comunications System shall be considered to be the date payment is made.
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5.1D Invoice Requirements Invoices shall be submitted in an original and 4 copies to the U.S. Nuclear Regulatory Consnission, Division of Accounting and Finance, Office of Resourc To Management, ATTN: COV/COM Accounts Section, Washington, D.C. 20555.
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.
(5) Name (where practicable), title, phone number, and complete mailir ~
address of responsible of ficial to whom payment is to be sent.
(6) Billing Instructions for NRC Cost-Type Contracts, dated February , -
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5.11 Method of Payment (a) Payments under this contract will be made by wire transfer through the Treasury Financial Communications System.
(b) Within seven days after the effective date of the contract, the contractot 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 institu-tion 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
- 3. Name and address of financial institution
- 4. Financial institution's 9-digit ABA identifying number for _
routing transfer of funds
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- 5. Telegraphic abbreviation of financial instituion
- 6. Account number at your financial institution to be credited with the funds -
- 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 in writing. It is the i
contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.
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, t la g t.- OD 01 Jb PART III LIST OF ATTACHMENTS NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) Attachment 1 NRC Organization Chart Attachment 2 Proposal Sumary and Data Sheet Attachment 3 Optional Fonn 60 Attachment 4 General Provisions Attachment 5 NRC Manual Chapter.3202 Attachment 6 . _ .
Billing Instructions Attachment 7 - ---
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