ML20141G390

From kanterella
Jump to navigation Jump to search
Contract: Electrical & Instrumentation Technology & Codes Training Courses, Awarded to NUS Corp
ML20141G390
Person / Time
Issue date: 04/15/1986
From: Edmonson L, Smith P
NRC OFFICE OF ADMINISTRATION (ADM), NUS CORP.
To:
Shared Package
ML20141G379 List:
References
CON-FIN-B-8748, CON-NRC-05-86-159, CON-NRC-5-86-159 NUDOCS 8604230381
Download: ML20141G390 (23)


Text

___________-__ -

1

.e

'"'S CON ' "^C ' 'S ^ "^ ' D " " ' " "'"'"" "^ "* " ^ " *

~ AT^?ARD/ CONTRACT UNDEH G?AS Hb Cf H 3So'l

,, C ON i se Ac t ,f',.,. ,n.,, ,g,., , No.

1 l 23

3. Le e t c t syL uni t

.. H Luussa i TON / PUHLHASL .4Luut $1/. HOJLCi Nu, NRC-05-86-159 APR 15 M RS-0!E-86-159

s. essuto av .

[ 6. Auw sNist L uco av pt.,her m.. ,,,- s, 4

[

U. S. Nuclear Regulatory Comission Division of Contracts Washington. DC 20555 '

. N Auc ANo Aooa tss o, con r Ac i o u ,s... ., .. .,.. , , , 3,,,, .,,u,,. c.,,,, . . ot t, y , , ,

NUS Corporation 910 Clopper Road rOo OHiciN [T] OTntH ,s.., , ,

Gaithersburg. MD 20878 hsCouN'

  • 0a *aowPi pav utN Net
10. SUHMIT INVOICE S

,4 ,esps . a.nir e.,h,,- ldL"

, CODE F ACILITY CODE

. , .,,or.a, TO T HE See G.4 ADOHESS SHOWN IN n.sMie vof=Aan roa " ^ " " ' * ' " " "" "

l- CODE CODE i

See F.3 See H.9 ,-

3 3.'AUTHoReTv FOR USINC OTHEa THAN # uLL AND OPEN CowPt it. l.. ACCovNi SNG AND APPHoPHI AT804 O A T A FIN 88748 Obligated:

[] io u S C. 23omu 4: u S C 2 sawn i B&R 30-19-06-03 $202.231.00 15A. ITEM NO 150. SUPPLIES /SE R VICE S 15C. OUAN TIT Y 150 UNIT 15E. UNIT PRICE 15F AMOUNT l

The Comission hereby accepts NUS Corporation's Proposal No. P8509023 dated

! September 6.1985, and as revised ir its best and final tochnical proposal dated November 7.1985, and its best and final cost propos al dated Mar ch 17, 1986, which are incorporated herein by this referer ce and made a part of this finn fixed price contract to perform the required work as detailed herein.

e60423o381 86o415 PDR CONTR NRC-05-06-159 PDR SG.ToTAt Amount or CoNTHACT > $ 202 23130~

16. TABLE OF CONTENTS VI lSEC l OE SCHIPTION lPAGE(St VI l St C l DE SC HIP T ION lPAGEIS)

PART i - THE SCHE Dutt PART 88 - CONT R AC T Ct AUSEs X A SOtiCITATION/CONTR ACT FORM l X l 6 l CONT R ACT CL AUSES l 20 X O. $UPPLIES OR SE RVICES AND PRICES / COSTS */ pan t see - Lest or OOCuwf Nis. E xHients ANo OTot n ATT AC.

X C DESCRIPTION / SPECS / WORK STATE MENT 3 X lJ l LIST OF ATTACHMENTS l 23 D PACK AGING AND MARKING PAM T eV - ntesat.sf NT ATIONS ANo INsf HuCT GONS X E INSPECTION AND ACCEPTANCE b f( R E PH E SE N T ATIONS. C E H T IF IC AT IONS AND

__ X F DELivEHIES OR PEHFOHMANCE OTHEH STATEMENT 9 OF Of rEHOHS 7

X G CONTRACT ADMINISTRATION DATA 8 L INSTHS .CONOS , AND NOTICt S TO OF f 6 HOHS X H SPECIAL CONTH ACT REOUIRE ME NTS 13 u EvAt uAviON r ACTONS r On AwAND CONTRACTING 0FFICER Will COMPL fif ITEM 110R 18 AS APPilCA88 f a 7. [X] cont aAcToa s NtooT ATto AcnttMtNT ,C.nerw,.c e. ,e- I .. A W A n o ,C.n ,,.,,.c , n., r,gs#wd ,. .#g. ,Ae, d.,e-f n f , Y .

l, ....u,...i.e...n........

.., . . 3 . . . . . . . . . , , , , , , .......s.......,~....,_ _

. i n. ... ..

a. ., e.n n..a. . .,-... .,.,....,oi _.i n n.n.. ...u...

....a..T.n....-.,........i.n....,..

. . . . ., . n . .

.., o ,c.n . .. . .. in a.u .., ..i.in............. . .u n.,..

... u .

n.. . . . .a.i. .,... ..

i n..s .. .. . . n . . ... . o. i n... . . i. in. .a ...... o aa..n....

.. i n..

..au o ..

in .. . ,.o .ua on.u ... .i.n.

.. m

......Y.n.........--.i.in.....a..n...,.

. .f. .o no., o aen i n. u......o......

, . ., .. ..... . u.... ....

c .,.f.....o.m.,A,,..c.....,..u.s...................,.

....an o .. o . .. - a -,.

o. . . a.,. ..,,. . . , n u n.... ... ... c . . . u,,.

19A. Naut ANO T e t LE of stGNL I4 , Type ee prso,, 20A. N AML 0, CON T H AC f ING Of f .C t H ,

L. R. Edmonson. Treasurer

  • 1.e. Naut p inACTon a.C.oAtt sn;Ne o sof.. uN6 f t o sT Aits OF AM( HIC A e - :

.,%:i ,,, =.

==W m.,.,a .. .., ,

4/11/as nv jdL,s., ...M,,fco b,,,,,..,v.m,,W-. orr. ,,

POC. DAlt s.GNt o 9' /.S ,jg sh ,,. b J , s. . . , .TANDA R o [O R M a la v.. .,8 entvious toirioN uNusAetc egeg g y

NRC-05-86-159 Page 2 Section B - Supplies / Services / Prices B.1 The contractor shall conduct training courses of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration on October 20-31, 1986 (tentative) entitled, " Electrical Technology and Codes," in accordance with Section C below.

Unit Price: $100,472 Quantity: 1 Total Price: $100,472 The contractor shall conduct training courses of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration on December 1-12, 1986 (tentative) entitled, and Codes" in accordance with Section C below." Instrumentation Technology i

Unit Price: $101,759 Quantity: 1 Total Price: $101,759 B.2 Option I for One Additional Course (Refer to Section H.10) l 8.2.1 The contractor shall conduct a training course of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration on April 27-May 8,1987 (tentative) entitled, " Electrical Technology and

, Codes," in accordance with Section C below. ., ,.

Unit Price: $41,126 Quantity: 1 Total Price: $41,126 1

B.2.2 The contractor shall conduct a train:ng course of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration on l

June 8-19,1987 (tentative) entitled, " Instrumentation Technology and Codes" in accordance with Section C below.

l Unit Price: $41,709 Quantity: ,

1 Total Price: $41,709 ,

8.3 Option II for one Additional Course (Refer to Section H.10) 8.3.1 The contractor shall conduct a training course of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration on March 7-18, 1988 (tentative) entitled, " Electrical Technology and Codes," in accordance with Section C below.

Unit Price: $42,557 Quantity: 1 Total Price: $ 42,557 B.3.2 The contractor shall conduct a training course of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration on May 9-20, 1988 (tentative) entitled, " Instrumentation Technology and Codes" in accordance with Section C below.

Unit Price: $ 43,162 Quantity: 1 Total Price: $43,162 B.4 Option III for One Additional Course (Refer to Sectio.1 H.10) j B.4.1 The contractor shall conduct a training course of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration on March 6-17, 1989 (tentative) entitled, " Electrical Technology and Codes," in accordance with Section C below..

Unit Price: $ 44,044 Quantity: 1 Total Price: $44,044

r.- '

' NRC-05-86-159

( Page 3 8.4.2 The contractor shall conduct a training course of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration on May 8-19,1989 (tentative) entitled, " Instrumentation Technology and l

Codes" in accordance with Section C below.

Unit Price: $ 44,673 Quantity: 1 Total Price: $ 44,673 8.5 Option IV for One Additional Course (Refer to Section H.10)

B.5.1 The contractor shall conduct a training course of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration on l

January 8-19, 1990 (tentative) entitled, " Electrical Technology and Codes," in accordarce with Section C below.

l Unit Price: $_44,044 Quantity: 1 Total Price: $44,044 i i

8.5.2 The contractor shall conduct a training course of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration on March 5-16,1990 (tentative) entitled, " Instrumentation Technology and Codes" in accordance with Section C below.

Unit Price: $44,673 Quantity: 1 Total' Price':' $44,673 B.6 Remittance Address s 1 Name: NUS Corporation

  • Address: P. O. Box 15832 i

Baltimore, MD 21263 i Section C - Statement of Work A. Background '

l l

The Nuclear Regulatory Commission licenses and inspects power reactor facilities to insure compliance with appitcable codes and standards during all . phases of construction, testing and operation in order to identify conditions which may adversely affect the health and tafety of the public.

In support of this mission, the NRC's Office of Inspection and Enforcement provides a program of training for NRC Reactor Resident Construction and Operations, Inspectors, Region-Based Inspectors and other NRC Engineers. -

8. Objective The objective of this contract is to provide NRC Inspectors and Engineers with the necessary knowledge of current practices and procedures involved in the installation, testing and operation of electrical and instrumentation components to observe, evaluate and determine whether or not those components and systems will perform properly in accordance with applicable industry codes and standar1fs; and meet safety limits and limiting safety system settings of the NRC Technical Specifications to each licensed nuclear plant.

NRC-05-86-159 Page 4 This will be accomplished through successful completion of two training programs conducted by the contractor.

The contractor will provide experienced instructors and other experts to conduct two training courses of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> duration each. One course shall be titled, " Electrical Technology and Codes," the other " Instrumentation Technology and Codes." Specific lecture / topic requirements are specified in Attachment 6 and 7. All presentations shall deal with:

(a) the technical subject matter (b) current industry practices ,

(c) identification of pertinent regulatory guidance / Technical Specifications / requirements and industry guides and standards (d) abundant use of case studies and "real-life" examples related to (a),

(b), and (c) above.

Work Required C.

1. Development As texts for both courses have been developed and revised under separate contracts, only a moderate amount of new development work is required:

Areas where this development is needed are: *

a. Update / revision of several chapters of the existing manuals. NRC estimates this is approximately 20% of the existing material.
b. Case studies and "real-life" examples to be provided as handout ma terials for the Electrical and Instrumentation Technology lectures.
c. Visual aids (viewgraphs, slides, etc. which can be used to demonstrate proper (or improper) installation, testing and operation of electrical / instrumentation components and systems,
d. Instructor lesson plans for both courses.
2. Course presentation The contractor shall pruvide all necessary instructors and systems / components / codes experts to conduct a two week (80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br />) course on " Electrical. Technology and Codes" and a similar two week course on

" Instrumentation Technology and Codes" to NRC Reactor Inspectors (Nuclear Engineers) (Target Audience). The NRC reserves the right to supply selected NRC employees to conduct certain lectures if those employees are available. However, the contractor will be prepared to present the entire 80 hour9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> program if these NRC employees are not able to participate.

NRC-05-86-159-Page:S

, 3. -It is expected lthat' all contractor ' personnel will be fan.iliar with 'and L teach ln reference. to the materials contained in the existing course L

manuals and reference documents. Instructors / experts must be able ~ to

quickly refer to - these documents as necessary to answer questions, l- emphasize points, etc. If, over the period of performance, .. the contractor sees ~ a .need to add to or delete from . the existing course material the contractor shall discuss the desired changes with the' NRC - ,

Prvject Officer who will be responsible for incorporating the changes if

appropriate. '

D. General Information

1. Target Audience The contractor may assume that students assigned to attend these training courses have already attained a general familiarity with the
subject material through

l a. academic pro leading to a Bachelors or,', Masters - Degree in or),

Engineering (grams l

b. a combination of academic and industrial training and on-the-job experience equivalent to (a) above (and),

i l c. review of the assigned pre-study course text supplied by NRC.

l l 2. Class Size

  • c a The contractor may assume a class size ranging from 12 - 18 persons.
3. Location j Courses will be presented at the NRC Technical Training Center, l Chattanooga, TN.
4. Pre-Study Review Quiz .

The contractor shall prepare and deliver to the NRC Project Officer a ,

student graded, non-credit examination (quiz) with the pre-study f l materials which students receive approximately 30 days prior to the ,

course. The purpose of this quiz is to help students assess their knowledge of pre-study materials and prepare them for the types of l

questions they might expect to see in course exams.

5. Final Examination
a. Participants are to be evaluated by means of wr f tten examinations to i verify that they have attained the proper lever of understanding of l the course material. The contractor shall prepare, administer and grade these examinations. All exam papers will be returned to the NRC Project Officer as part of the course presentation report.
b. No more than 20% of the questions asked on an examination should be questions which have been asked on the previous course examination.

l

. . . . - ~ _ - . - _ _ ._-.-,, _ .--._.... _ _.-._.,_.-._.__. _ _._ __.-_.._._ - - _ . - -

NRC-05-86-159 Page 6

c. The contractor will provide and grade reexaminations as required for those students who do not achieve a sufficient understanding of course material (70% or higher),
d. On request, the contractor will provide an equivalency examination to the NRC Project Officer for a student who desires to validate the course. The NRC Project Officer will coordinate administering the exam and returning it to the contractor for grading.
6. Course Content Approval The NRC Project Officer will be responsible for the review and approval of contractor develop:nent training aids, case study manuals, instructor lesson plans and the course examinations.
7. NRC Furnished Materials NRC will furnish:
a. copies of course pre-study manuals and the contractor pr part.d pre-study quiz to students approximately 30 days prior to course,
b. copies of course manual to students at the beginning of each course,
c. a set of reference documents (codes, standards, etc.) for each student at the beginning of each course. ,
d. normal classroom facilities at the NRC Technical Training Center, Chattanooga, TN 37411, including:

Magnetic White Boards ,

Blackboards -

35 mm Random Access Slide Projector 16 m Film Projector Viewgraph (overhead) Projector 3/4 inch videotape player and monitor

8. Meetings Within 30 days of contract award, a meeting will be held at TTC to -

discuss course layout and objectives with NRC Project Officer and NRC technical staff.

Section E - Inspection and Acceptance E.1 See FAR Citations in Section I.

l

L NRC-05-86-159 Page 7 Section F - Deliveries and Performance F.1 Reporting Requirements and Deliverables a '. By August 1,1986, draf t course outline - lesson plans, case study materials, draft manual revisions, training aids, pre-study quiz and course examinations submitted to NRC Project Officer and Technical Staff for approval.

b. By September 15, 1986, course outline finalized; all handout nuterials, training aids and examinations reviewed and approved by NRC Project Officer and Technical Staff.
c. The contractor shall also provide 100 copies of the case studies materials prior to the first day of the first class schedule,
d. Tentative Course Schedule:

Electrical Technology and Codes: October 20-31, 1986 Instrumentation Teconology and Codes: December 1-12, 1986 See Section. B for tentative course schedules for optional periods.

e. Transfer of all government furnished materials and all contractor developed materials prior to contract expirat' ion date. .
f. Course Presentation Reports:

The contractor will submit a report to the NRC Project Officer within 30 days after the completion of a course presentation. The report will contain:

1. Original and one copy of graded exams,
2. Certificates of completion (suitable for framing) for all successful attendees (70% or greater composite course average),

l

3. A cover letter report discussing accomplishments, problems, and .

I recommendations for improvement.

1

g. Final Report: l The contractor shall furnish a final report in accordance with Manual Chapter 3202 by the end date of the contract. Five copies shall' be sent to the Project Officer and one copy to the Contracting Officer. The report shall include as a minimum:
1. A technical report of the work completed
2. Any problems or delays encountered and their solutions
3. Recommendations for improvements

NRC-05-86-159 Page 8 F.2 Duration of Contract Period This contract shall become effective on either the date of award or the effective date as otherwise specified, and shall continue to completion thereof, to occur within one year after said contract is effective.

F.3 Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:

1. Copies to Project Officer:

U.S. Nuclear Regulatory Commission Attn: Frederick Hasselberg Office of Inspection and Enforcement Osborne Office Center, Suite 200 Chattanooga, TN 34711

2. Copies to Contracting Officer: '

t U.S. Nuclear. Regulatory Commission l

Attn: Contracting Officer Division of Contracts Mail Stop AR-2223 Washington, DC 20555 Section G - Contract Administration Data l G.1 Technical Direction A. Performance of the work under this contract shall be subject to the i

technical direction of the NRC Project Officer named in Section G.5 of this contract.

l include the following:

The term " Technical Direction" is defined to i

1. Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual scope of work. -
2. Providing assistance to the Contractor in the preparation of drawings, specifications or technical portions of the work description.
3. Review and where required by the contract, approval of technical reports, drawings, specifications and technical information to bc 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:

NRC-05-86-159 Page 9

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. j contract perfomance.
4. Changes any of the expressed tems, conditions or specifications of the contract.

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 VER8AL ISSUANCE. A copy of said written direction shall be submitted to the Contracting Officer.

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

If, in the, opinion of the Contractor, any instruction or direction issued by the Project Officer is within one ' of the categories as defined in B(1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in

  • writing within five (5)

' working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the -

scope of this article and does not constitute a change under the Changes Clause. .

t D. Any unauthorized cosuiitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's perforinance, and may even result in the Contractor expending funds l for unallowable costs under the contract. .

f 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."

l G.2 . Project Officer A. The individual (s) listed in "B" below is (are) hereby designated as

i. the Contracting Officer's authorized representative (hereinafter

! called Project Officer) for technical aspects of this contract. The l

Project Officer is not authorized to a> prove or request ani action which results in or could result in an ' ncrease in contract cost; or 1

3 WRC-05-86-159 Page 10 -

terminate, settle any claim or dispute arising under the contract, or issue any unilateral directive w1atever.

The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including surveillance and assessment of perfomance., and recommending to the Contracting y Officer changes in requirements; (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 1 Officer is responsible for directing or negotiating any changes in tenns, conditions, or amounts cited in the contract.

For guidance from the Project Officer to the Con. tractor to be yelid, it must: (1) be consistent with the description of work set forth -

in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions or specifications incorporated _.

i into this contract; (3) not constitute a basis for an extension to -

the period. of perfonnance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the  ;

contract cost. _

B. Name and Mail Code: Frederick Hasselberg  :

Office Address: d (see Section F.3) '

Telephone Number: 615-899-5454 -

G.3 Payment Due Date "

m (a) Payments under this contract will be due 30 calendar days after the 3 later of:

(1) The date of actual receipt of a proper invoice (original and 4 copies) to:

l U.S. Nuclear Regulatory Commission =!

Division of Accounting and Finance Office of Resource Management lv ATTN: GOV /COM Accounts Section Washington, D.C. 20555 -

or j

(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 4

i after the date of delivery of the final deliverable product /servica l

t performed in accordance with the terms of the contract. 55 5

NRC-05-86-159 Page 11 (c) If the final product / service is rejected for f ailure to conform to the technical requirements of the contract, the provisions in paragraph final product(b) of this caluse will apply to the new delivery of the

/ service.

(d) The date of payment by wire transfer through the Treasury Financial Comunications System shall be considered the date payment is made for individual payments exceeding $25,000. The date a check is issued shall be considered the date payment is made for individual paymcnts of $25,000 or less.

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

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

Washington, D.C. 20555.

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

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

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

(3) Description price and quantity of property and services actually delivered or rendered.

(4) Shipping and payment terms.

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

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

G.5 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 contract and requires the payment of interest to Contractors on overdue discounts.

payments of the expiration invoice or improperly taken P

(b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and I' Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations, OMB Circular A-125 provides that:

i n-mmmm mm u

NRC-05-86-159 Page 12 (1) Interest penalties are not required when payment . is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.

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

' (c) For purposes of this clause, an expiration invoice is defined as a claim submitted for costs incurred for perfonnance through the expiration date of a Cost Type contract.

/

9 e

c NRC-05-86-159 Page 13 Section H - Special Contract Requirements H.1 Key Personnel (a) The following individuals are considemd to be essential to the successful performance of the work hereunder.

K. Elliott, M. Giarratano, O. Mazzoni, B. Chatterjee, P. Rebstock, B. Sullivan, T. Zygmunt The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) hereof.

(b) If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated. in the propo,sel or initially anticipated, the Contractor shall imediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

(c) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and other infonnation requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitution. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his approval or disapproval thereof in writing.

(d) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of -

the contract or the service order, the contract may be tenninated by the -

Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss or damage.

H.2 Consultant or Other Comparable Employment Services of Contractor Imployees (OPE Clearance Number 3150-0112)

The Contractor shall require all employees who are employed full-time (an individual who perfonns work under the cost-type contract on a full-time annual basis) or part-time (50 percent or more of ' regular annual com Commission)pensationreceived under tenns of a contract with the on the contract work to disclose to the Contractor all

NRC-05-86-159 Page 14 consultant 'or other comparable employment services which the employees proposed to undertake for others. The Contractor shall transmit to the Contracting Officer all information obtained from such disclosures. The Contractor will require any employee who will be employed full-time on the contract to agree, as a condition of his participation in such work, that he will not perfom consultant or other comparable employment services for another Comission cost-type Contractor under its contract with the Commission except with the prior approval of the Contractor.

H.3 Safety, Health, and Fire Protection The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all hazards to life and property and shall comply with all health, safety, and fire protection regulations and recuirements (including reporting requirements) of the Comission and the Department of Labor. In the event that the Contractor fails to comply with said regulations or

' requirements, the Contracting Officer may, without. prejudice t,o any other legal or contractual rights of the Comission, issue an order stopping all or any part of the work; thereaf ter, a start order for resumption of work may be issued at the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or for compensation or damages by reason of or in connection with such work stoppage.

H.4 Dissemination of Contract Infomation (0M8 Clearhnce Number 3150-0112)

The Contractor shall not publish, pemit to be published, or disseminate to the public any information, oral or written, concerning the work performed under this contract without the prior written consent of the Contracting Officer. Two copies of any information proposed to be published or disseminated shall be submitted to the Contracting Officer.

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

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

Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the perfomance of this contract, shall be used only in connection with the work under this contract.

H.6 Drawings, Designs, and Specifications All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description

  • relating thereto, as well as all copies of the foregoing relating to the work or any pa rt thereto, shall be subject to inspection by the Comission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by the Contractor and its subcontractors), shall be the property of the Government and may be used

-mumm m

NRC-05-86-159 Page 15 by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the Contractor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or temination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use of information provisions, if any, of this contract.

H.7 Proprietary Data and Confidential Information In connection with the performance of the work under this contract, the Contractor (trade secrets may)be furnished, orormay or confidential develop privileged or acquire, technical, business, proprietary or data financial information, including Commission plans, policies, reports,

~

financial plans, internal data protected by the Privacy Act of 1974 (P.L.93-579), or other infomation which has not been released to the public or has been detemined by the Commission to'be othenvise exempt from disclosure to tne public. Contractor agrees to hold such infomation in confidence and not to directly or indirectly duplicate, disseminate, or disclose such information in whole or in part to any cther person or organization except as may be necessary to perfom the work under this contract. Contractor agrees to return such infomation to the Commission or otherwise dispose of it either as the Contracting Officer may from time to time direct during the ' progress of the. work or in any event as the Contracting Officer shall direct upon completion or tcmination of this contract. Failure to comply with this clause shall be grounds for termination of this contract.

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

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

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 920-1.5402(f) in the activities covered by this clause.

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

NRC-05-86-169 Page 16 employee that any proposed consultant or other contractual arrangement-with any .- fim' or organization may involve a potential conflict of interest, the Contractor shall. obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.

(d) Disclosure after award, i (1) The Contractor warrants that to the best of its knowledge and. t belief and except as otherwise set forth in .this contract, it does '

not have any organizational conflicts of interest, as defined in 41 CFR 20-1.5402(a).

(2) The Contractor _ agrees that if after award it discovers I organizational conflicts of interest with respect to this_ contract, it shall make an inmediate and full disclosure in writing to the. H Contracting Officer. This statement shall include a description of l the action which the Contractor has taken or proposes to take to I avoid or mitigate such conflicts. The NRC may, however, terminate

  • the contract for convenience if it deems such temination to be in '

the best interests of the Government.-

(e) Access to and use of information.

(1) If the Contractor _ in the perfomance of this contract obtains access to ' information, such as NRC plans, policies. reports, studies, financial plans, internal data protected by the Privacy Act -

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

(1)Use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) submit an unsolicited proposal to the Government based on such information until one year after the release of such information to the public, or .

(iv) release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.

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

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

t NRC-05-86-159 Page 17 produces under this contract for private purposes provided that all requirements of this contract have been met.

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

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

(g). Remedies. For breach of any of the above prescriptions or for i

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

( _(h) Waiver. A request for waiver under this clause shall be directed l'

i in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in l 920-1.5411.

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

(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 i shall complete all items except items 7 - 9. In the event the Contractor's financial institution does not have access to the Federal Reserve Communications System, Contractor shall complete all items except item 4

1. Name and address of organization .
2. Contact person and telephone number
3. Name and address of financial institution
4. Financial institutions's 9-digit ABA identifying number - for routing transfer of funds
5. Telegraphic abbreviation of financial institution
6. Account number at your financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Communications System

NRC-05-86-159 Page 18

7. Name and address of the correspondent financial institution your financial institution receives electronic funds ' tr6nsfer 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 informtion (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.

H.10 Option to Extend the Term of the Contract--Services (a) There are hereby created in the Governmen't fouVoptions to r'equire the Contractor to continue perfonnance of the efforts at the price specified in Section B and as described in the Statement of Work herein for the period of performance to be specified at such time as the requirements arise.

(b) The Contracting Officer may exercise any one or a combination of options at varinus times when the need afises by giving. written notice to the contractor, provided that the Government shall give

the Contractor a preliminary written notice of its intent at least 60 days before the contract expires.

not commit the Government to exerciseThe thepreliminary option. (notice does See Clause No. 52.217-9 in Section I) -

(c) The options may be exercised at any time after the effective date of the contract at the price as shown in Section B for the applicable option.

(d) Upon exercise of any of the options, the following modifications will be made to the contract:

, s (1) the course schedule in Section F.1.d. will be modified accordingly. l (2) the duration of the contract period in Section F.2 will be modified accordingly.

(e) Pending exercise of any of the options for continued effort under this contract, the Contractor is not authorized to commence work beyond the period of perfonnance set forth in Section F.2.

(f) If the Government exercises an option, the contract shall be considered to include this option provision.

  • l l

1 l

E l

6 NRC-05-fi6-159 Page 19 (g)' The' total duration of this contract, including the exercise of any options under this contract. -shall not exceed four (4) years.

(EndofClause)

~.

1 6 e q k

4

- O

)

n D

@ l 9

I 4 9 .- -.-g.- - - --- ee p - og-- , ye m-. y- ywn_.-.--y-ty,.ww-g-r ,,,e g<m,w, w _ w pm w --- --m 7 9 - - e, y v y .y-p -q,y w- ,-r- w-ww-,1 3 -w w -y*,, .~rv+,---e ,-

vy ww--

NRC-05-86-159 Page 20 PART II - CONTRACT CLAUSES Section I - Contract Clauses 52.217-9 OPTION TO EXTEND THE TERM 0F THE CONTRACT--SERVICES. (APR1984)

(a) The Government may extend the term of this contract by written notice to the Contractor within the time specified in the Schedule; provided, that the Government shall give the Contractor a preliminary written notice of its intent

' to extend at least 60 days before the contract expires. The preliminary notice does not comit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

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

(End of clause)

(R7-104.27(c))

R 1-1.1508-2(d))

52.233-3 PROTEST AFTER AWARD (JUN 1985)

(a). Upon receipt of. a notice of protest (as defined in 33.101 of the FAR) the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall,imediately comply with its tenns and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Upon receipt of the final decision in the protest, the Contracting Officer shall e i the r--

(1) Cancel the stop-work order; or (2) Terminate the work covered by the' order as provided in the Default, or the Termination for Convenience of- the Government, clause of this ,

j contract. '

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The 1 Contracting Officer shall make an equitable adjustment in the delivery schedule i or contract price, or both, and the contract shall be modified, in writing, accordingly, if-- )

(1) The stop-work order results in an increase in the time required for, * '

or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor requests an adjustment within 30 days af ter the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the tennination settlement.

(d) If a stop-work order is not canceled and the work covered by th'e order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

l

NRC-05-86-159 Page 21 (e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

(End of Clause) 52.252-2 CLAUSES INCORPORATED B5' REFERENCE. (APR1984)

This contract incorporates the following clauses by reference, with the same force and effect as if they we e given in full text. Upon request, the Contracting Officer will make their full text available.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE. (APR1984)

Section F

( 52.212-13 STOP-WORK ORDER. (APR 1984) .. .

Section I 52.202-1 DEFINITIONS. (APR1984) 52.203-1 0FFICIALS NOT TO BENEFIT. (APR 1984) 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52.203-6 RESTRICTIONS ON SU8 CONTRACTOR SALES TO THE GOVERNMENT (JUL 1985) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR 1984) 52.215-2 AUDIT--NEGOTIATION. (APR 1984) 52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA. (APR 1984) 52.215-24 SUBCONTRACTOR COST OR PRICING DATA. (APR 1985) 52.215-26 INTEGRITY OF UNIT PRICES (JUN 1985) 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY. (APR1984) 52.215-33 ORDER OF PRECEDENCE (JAN 1986)

Any inconsistency in this contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) .

representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

(End of clause) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (JUN 1985) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (APR 1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR1984) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (APR 1984) 52.222-3 CONVICT LABOR. (APR 1984) 52.222-26 EQUAL OPPORTUNITY. (APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984)

NRC-05-86-159 Page 22 52.223-2 CLEAN AIR AND WATER. (APR 1984) 52.227-1 AUTHORIZATION AND CONSENT. (APR 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PAlENT AND COPYRIGHT INFRINGEMENT. (APR 1984) 52.227-11 PATENT RIGHTS--RETENTION BY THE CONTRACTOR (SHORT FORM).

(APR 1984) 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 1984)

, 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO. (APR 1984) 52.232-1 PAYMENTS. (APR 1984) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (JUL 1985) 52.232-11 EXTRAS.. (APR 1984) 52.232-17 INTEREST. (APR1984) 52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986) 52.233-1 DISPUTES. (APR 1984) 52.242-2 PRODUCTION PROGRESS REPORTS. (APR 1984) 52.243-1 CHANGES--FIXED-PRICE. (APR 1984)--Alternate I. (APR 1984) 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (JAN 1986) 52.244-5 COMPETITION IN SUBCONTRACTING. (APR 1984) 52.245-4 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM). (APR 1984) 52.246-25 LIMITATION OF LIABILITY--SERVICES. (APR1984) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE).

(APR 1984) 52.249-8 DEFAULT (FIXED-PRICESUPPLYANDSERVICE). (APR 1984) 52.219-9 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACT-ING PLAN (APR 1984) v - -

NRC-05-86-159 Page El PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J -- List of Attachments Attachment Number Title 1 NRC Organization Chart 2

NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 3 NRC Manual Chapter 3202 4 Billing Instructions 5 Guide for Electrical Training Course Outline l

6 Guide for Instrumentation of Training Course Outline l

u i

b

. s