ML20138B162
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(..AC-02-81-030 I
f!NDINGS AND DETERMINATION
&j Authority to Use a Cost-Type _ Contract 3
8' FINDINGS In accordance with the requirements of Section 304(b) of the federal Property and Administrative Services Act of 1949, as amended, 41 U.S.C.
254(b), and as implemented under Subpart 1-3.302 of the Federal Procurement Regulations, I make the following findings:
1.
The Nuclear Regulatory Commission (NRC) proposes to enter into a cost-type contract with Battelle, Columbus Laboratories for technical assistance in the performance of analysis of safeguards i
needs for transport of high level waste.
2.
The nature of these services and the absence of a precise method for accomplishing the work covered by the proposed contract are uncertainties of such magnitude as to make it impossible to secure a reliable estimate sufficient to serve as the basis of a fixed-price contract.
3.
The total cost for performance of this effort is $58,839.00 which j
includes a fixed fee of $4,688.00.
The fixed fee represents 8.5%
of the total estimated reimbursable costs.
4.
Due tu the presence of unknown and unpredictable contingencies, the
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Contractor is prevented from quoting a price which the Commission would be willing to accept as a fair and reasonable price.
By placing this contract on a cost basis, the Commission and the i
Contractor will eliminate the affect of such uncertainties and remove from the cost to both parties any such possible contingencies which do or do not actually occur, j
q DETERMINATION Pursuant to 41 U.S.C. 254(b), and upon the basis of these findings, !
hereby determine that it is impracticable to secure supplies or services of the kind or quality required without the use of a cost reimbursement contract and that the proposed fee is within the statutory limitation of Section 304(b) of the 41 U.S.C. 254(b).
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8512120226 851112 PDR FOIA MILLAR 84-682 PDR 4
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