ML20141K734
| ML20141K734 | |
| Person / Time | |
|---|---|
| Issue date: | 05/20/1997 |
| From: | Chatten R, Mace M NRC OFFICE OF ADMINISTRATION (ADM), SOUTHWEST RESEARCH INSTITUTE |
| To: | |
| References | |
| CON-FIN-J-5156, CON-NRC-02-97-001, CON-NRC-2-97-1 NUDOCS 9705290356 | |
| Download: ML20141K734 (46) | |
Text
DCD AWARD / CONTRACT Page 1 of 2
- 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (1E CFR 700)
RATING 2.
CONTRACT NO.
l3. EFFECTIVE DATE 4.
REQUISITION / PROJECT NO.
NRC-02-97-001 May 16, 1997 NMS-97-001 5.
ISSUED BY Code:
6.
ADMINISTERED BY Code:
(If other than Item 5)
U.S.
Nuclear Regulatory Commission Mail Stop T7I2 Contract Management Branch 1 Contract Management Branch 1 Washington, DC 20555 7.
NAME AND ADDRESS OF CONTRACTOR 8.
DELIVERY Southwest Research Institute
[ ]
FOB ORIGIN 6220 Culebra Road
[X]
OTHER (See below)
Post Office Drawer 28510 San Antonio, TX 78228-0510 9.
DISCOUNT FOR PROMPT PAYMENT Principal Investigator / Technical
Contact:
Wesley C.
Patrick Telephone No: 210-522-5158
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6
- 11. SHIP TO/ MARK FOR CODE l12. PAYMENT WILL BE MADE BY CODE
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
[ ] 10 U.S.C. 23C4 (c) [ }
[X] 11 U.S.C.
253 (c) [3]
- 14. ACCOUNTING AND APPROPRIATION DATA B&R 75015232000 JC J5156 Appn. 31X0200
$137,190 15A. ITEM 15B. SUPPLIES /
15C. QUANTITY 15D. UNIT 15E. UNIT 15F. AMOUNT NO SERVICES PRICE The Com-isnion inereby accepts the Southwest Research Institute's proposal dated March 10, 1997, as revised on I
April 21, 1997 and April 30, 1997 which are incorporated herein by this reference, to perform the work described in Section C of this contract.
This is a cost-plus-fixed-fee task order type contract.
15G. TOTAL AMOUNT OF CONTRACT
$600,3el.00 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)
Prescribed by GSA FAR (48 CFR) 53. 214 (a) b 200116 llllllll!Illll!I[IllH1:lllllll DFo9
- 9*
- 9 *
^
9705290356 970520 PDR CONTR NRC-02-97-OO1 PDR
16.
TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE A
-SOLICITATION / CONTRACT FORM B
SUPPLIES OR SERVICES AND PRICES / COSTS C
DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D
PACKAGING AND MARKING E
INSPECTION AND ACCEPTANCE F
DELIVERIES OR PERFORMANCE G
CONTRACT ADMINIF~ RATION DATA H
SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I
CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTAF4M' NTS J
LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M
EVALUATION FACTORS FOR AWARD CONTRACTING OFLACER WILL COMPLbfE ITEM 17 OR lo AS APPLICABLE 17
[X] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign r.ais document and return 2 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein.
The rights and obligations of the parties to this contract shall te subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or j
incorporated by reference herein.
(Attachments are listed herein.)
l 18.
[ ] AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award / contract. No further contractual document is necessacy.
19A. NAME AND TITLE OF SIGNER
~20A. NAME OF CONTRACTING OFFICER (Type or print)
Robert E. Cha n, Director, Contracts y;c<'Ma y M ce 19B.
' /.)Q RA OF/C
/
20B.
UNITED STATES OF AMERIgA OVb(Lm
/
t'4 \\ f by& &We s by ^ c /
g g i
(Signktdih-6f"pViton %uthBrized to sign)
(Signature 6f Contracting Officer)
ObMt \\$
6h47 DATE}I'GNMD 19C. DATE SIGNED 20C.
f May 20, 1997 EXCEPTION TO STANDARD FORM 26 (REV.4-85)
m. _. _
l i
TABLE OF CONTENTS PAGE AWARD / CONTRACT
'PART I - THE SCHEDULE 3
l SECTION-B - SUPPLIES OR SERVICES AND PRICES / COSTS 3
i B.1 PROJECT TITLE 3
l
-B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) 3 l
ALTERNATE 1 (JUN 1988)
B.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989) 3 L
ALTERNATE 1 (JUN 1991)
SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT 5
C.1 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 1993) 11
'F"CTION D - PACKAGING AND MARKING 12 D.1 PACKAGING AND MARKING (MAR 1987) 12 SECTION E - INSPECTION AND ACCEPTANCE......
13 E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 13 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) 13 SECTION F - DELIVERIES OR PERFORMANCE 14 F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 14 F.2 NRCAR 2052.212-70 PREPARATION OF TECHNICAL 14 REPORTS (JAN 1993)
F.3 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT 14
.F.4 2052.212-72 FINANCIAL STATUS RFPORT (DEC 1995) 15 F.5 PLACE OF DELIVERY--REPORTS (JUN 1988) 18 F.6 18 F.7 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL 18 VIEWS (DPVs)
SECTION G - CONTRACT ADMINISTRATION DATA 20 G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY 20 (JAN 1993)
G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT 22
- ALTERNATE 1 (JAN 1993)
G.3 23 G.4 NRCAR 2052.216-74 TASK ORDER PROCEDURES (JAN 1993) 23 G. 5' NRCAR 2052.216-75 ACCELERATED TASK ORDER PROCEDURES (JA 25 G.6 25 i
SECTION H - SPECIAL CONTRACT REQUIREMENTS 27 L
H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL 27 l
CONFLICTS OF INTEREST (JAN 1993 )
l H.2 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993) 31 H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED 32 (JIRI 1988 )
H.4 LICENSE FEE RECOVERY COSTS (APR 1992) 32 i
m._._.
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TABLE OF CONTENTS PAGE l
PART II - CONTRACT CLAUSES 33 i
SECTION I - CONTRACT CLAUSES-33 I.1 52.252-2 CLAUSES INCORPORATED BY' REFERENCE (JUN 1988) 33 I.2 52.216-7 ALLOWABLE COST AND PAYMENT (MAR 1997) 35 L
'I.3 52.216-18 ORDERING (OCT 1995) 39 i
I!. 4 52.216-19 ORDER LIMITATIONS (OCT 1995) 39 40 l
[
I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)
I.6 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL.1990) 41 I.7 52.242-4 CERTIFICATION OF. INDIRECT COSTS (OCT 1995) 42 i
i PART III - LIST OF DOCUMENTS,' EXHIBITS AND OTHER ATTACHMENTS 44 A HM N 9b7f $...
I.....$.
44 1
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,..4 m-NRC-02-97-001 Section B l-i PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS i
B.1 PROJECT TITLE l
The title of this project is as follows:
Technical Assistance for Reviewing Licensee submittals Concerning Decommissioning
[End of Clause]
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
ALTERNATE 1 (JUN 1988)
-(a) Brief description of work:
The objective of this contract is to; provide technical support to NRC for the Decommissioning' Program.
This support will include; 1) technical and regulatory review of licensee's decommissioning plans; 2) review of a licensee's environmental reports; 3) evaluation of leaching and-long-term release of residual radiological contaminants.
'(b) Orders will be issued for work required by tne NRC. Only
- Contracting Officers of the NRC may authorize the initiation of work i"Rer this contract.
The provisions of this contract shall govern all orders issued hereunder.
(End of Clause]
B.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989)
ALTERNATE 1 (JUN 1991)
(a) The Maximum Ordering Limitation (MOL) for products and services ordered, delivered and. accepted under this contract is $600,381.
The Contracting Officer may place orders with the contractor during the contract period provided the
. aggregate amount of such orders does not exceed the MOL.
(b) The guaranteed' minimum obligated by the Government under this contract is $137,190.
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3 NRC-02-97-001 Section B B.3 (Continued)
(c) A total estimated cost as well as any fee, if any, will be negotiated for each task order and will be incorporated as a ceiling in the resultant task order.
The Contractor shall comply with the provisions of 52.232 Limitation of Cost for fully funded task orders and 52.232 Limitation of Funds for-
.crementally funded task orders, issued hereunder.
[End of Clause]
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-- ~..-
NRC-02-97-ool Section 2 i
l SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT C.I.
STATEMENT OF WORK C.1.0 Backa m.nd Eacn yer the U.S. Nuclear Regulatory Commission (NRC) evaluates requests. mainly from materials licensees to discontinue licensea operations.
Although most license termination requests are routine and straightforward, termination of licenses at some sites is considerably i
more complex as a result of non-routine levels and volumes of J
radiological contamination an structures. slag piles. soil, grouna water.
and surface water.
These problematic sites have buildings. former waste disposal _ areas large piles of tallings. ground water. and soll contaminated with low-levels of urar,1um and thorium (source material) or anner radionuclides.
Consecuently tney present varying degrees of
.uJlological nacard remediation Compic'
and Cost.
Tr.c Of f1ce of Nuclear Material Safety and 5ateguards (NMSS) is responsiole for ensuring pub,1c nealth an safety and protecting tne national security and environment in the 11 Censing ano regulation of a?1 facilities (exceot'reactcrs)
The Division of Waste Management (DWM)
~
al.rects'tne NRC's program for the regulation of decommissioning.
On l
Auaust 22. 1989 the Commission issued a staff recoirements memorandum (SRM) cirecting tne staff to aevelop a comprenensive str6tegy for NRC to ceal witn complex. proolematic decommission 1.ng sites so that closure on aecommissioning 1ssues is attained in a timely manner.
On January 31.
1990. :ne Commisslor cirectec tne staff to suomit a prioritized list of non-routine decommissioning sites inciuc ng related site information sucn as siti Condition decommissloring sche 3ule and other pertinent information.
In response to Ene Comm,cslor's reauests. the staff aeselonec the Site Decommissioning Management Plan (SDMP) which icenifies those sites involving unique and difficult decommissioning usues and sets forth a comprehensive decommissioning program tnat is capable of nandling tne range of elver ~ tecnn, cal issues assoc,ated witn inese sites Tne cojective of tne SDMP is to ensure the timely cecommissioning of current anc future SDMP sites and suosequent removal of-sites from the list.
DWM proposes to utilize tne contractor's speciai competency sk111s in nydrogeology. geochemistry. environmental science. and health physics to facilitate the decommissioning program by providing technical assistance in reviewing complex issues associated with decommisc oning sites.
Project management responsibilities for power reactors transfers to NMSS once tne f acility is permanently snutcown anc the scent Tuel is permanent :v i.
transportec from tne spent fuel cool.
Page 5
NRC 02-97 001 Sea. tion C C 2.0 ODiective Tne objective of this statement of wor. 1s to initiate an " Initial Jecommissioning Technical Support Program" This support w111 incluce.
I! technical and regulatory review of licensee's decommiss oning p'ine a rev1ew of a licensee's environmental reports: 3) evaluation c/
bach 19g and long-term release of ren cLal radiolog1 Cal Contaminants Decommissioning plans (DP) typicaily contain site characterization information describing the location and extent of any contamination at 3
the site. a remediation plan which describes decommissioning activities or tasks. and a health and safety plan which describes measures that v.lil be taken to assure protection of workers and the environment against radiation and chemical hazards durtng decommissioning.
)
ine con ~.erts c' onvironmental repor" are dercribed in 10 CFR Part 51 ana incluJe an a' 7ssment of tne environmental impacts of the 11Censee's proposed action (1 e.
wnat action a h:ensee is propcsing to take to meet reautred decommissioning criteria) and consideration of any appropriate alternatives to tne orcposed action.
DAM wil' use tne contractor's spec!al competency skills in technical support for DPs. ERs. anc assessment of leaching and release of raalCIDg1 Cal Contaminant C.3.0 Tecnrica: ana Otner Soe M ~;ve: 1fications Recu1 red Tne contractor snail oro,1ae er approp late numcer of cualified staff fc' performing each task encompassing tne required disciplines to meet tne acove descr1Dec object 1<e Tne centractor sna11 ensure that an indivicual is avaliacie 'cr ' m :0n f.nctions in tne local Washington, DC area in orcer to facilitate tne uncerstanding and rapid exchange of NRC decommissioning policy anc information.
Th's individual shall be experienced in managing reguiatory review projects.
The individual personnel assigned to eacn task snall be from the necessary technical disciplines including. Dut not limitea to. ground and surface water nyorology. geochemistry. grounc water transport. environmental science.
anc nealtn pnysics.
Professional individuals proposec for this effort should be thoroughly 1
familiar with models and meinods currently available for assessing human healtn and environmental 1moacts of and remediating residual radiolo01Ca' contamination in' buildings. air soll. anc grouncoater at NRC licensed faCllities.
Dano 6
Section C NRC-02 97 001 C40 Sc m of Work NRC staff anticipates that the tecnmcal assistance as descr1Dec + -
SDW will require a full understanding of the dynamic poilcy ceseico y occurring at NRC in the decommissioning program and a clear,he interpretation of new and existing Commission regulations.
t contractor shall be aware of these M 1Cles and reflect the'r pn ncio;__
in the indivlaual task reports produced in the individuai technica; reviews Dy tne CN a4 staff io facilitate this transition proc-anc t^
ensure the elements of tnis SOA are administered smootnly. NRC requiros that the contractor identify a staff person as a liaison in the local Washington DC area for work performed under this contract.
Inis person shall review decommissioning related submittals and coordinate appropriate technical work assignrnents with other qualified contractor staff as requested by the NRC under task orders issued under this contract.
The types of technical reviews that the contractor liaison may be requested to conduct or coordinate with other contractor staff are outlined under Task Area 1.
Tne wcn outlinea in this SD,s enco m sses cotn fee-recc.erable ana non f ee-re :overat 'e..ork categories.
Te:'gnation of a task orde as fee-recoveraDle er non fee-recoverable can be found in tne ind1cidual task order for a soecific decommissioning project.
Work shall be performea ir the folloaing task areas:
Task Area 1 Technical Assistance in Support of Decommissioning A series of procecures anc activities are involved in cecontaminating and decommissioning a contaminated faclilty.
Throughout tne aecommissioning process the licensee must document tnese procedures and activities and submit suf'
'Mt information te demonstrate that: (1) radiological contarnination on site has been adequarely identified and quant 1 fled (characterized); (2) a reasonable effort nas been made to eliminate residual radiological contamination: (3) contaminated material has been properly alsposed. and (~, the site is suitable for release in accordance witn NRC reau:rements.
Specific task orders may request the contractor to r eview ident1 hed technical sections of licensee submittals containing information on decontamination and cecommissioning of contaminated sites a5 described in subtasks assigned in advance by the NRC TM, Guidance in tne form of Commission reculations. NRC s Standard Review Plan for Decommissioning Plans (FC'90-2) and NRC policy directives will be provided to the contractor by NRC lt is anticipated that task orders
.,1 ' ' be issued for the contractor to provide tecnnicri assistance in the following areas:
Decommissioning Plans e
If decommissioning procedures have not been previously approved by the Commission or if reou1rea Dj licerse condition. a decommissioning plan (DP, must De suDmitted oy tre licensee before initiating decommissioning The objective of the DP is to describe tne activities and procedures that tne licensee intends to undertake to remove residual radioactive materia:
attributable to licensed activities at the facility to levels that meet NRC criteria.
NRC guidance on the fo, mat and content of DPs is provided in Regulatory Guiae 3.65 The contra: tor liaison shall be responsible for coordinating spec 1fic portions of the review of the DP with otner contractor personnel wno are subject latter experts. as neeaed in the Pano 7
l NRC-02 97-001 Section C areas of nycrology. geocnem'str,. anvironmen;0 s:lence nw-physics.
The revien'of tne ce:omm'ssicning pian sha'
' ; ' ; ;,, E,
gu1Gance as provided Dy *ne NRC Tecnnic61 Monitor anc may in: L:
(1, Ine licensee s proDose: Cecommlesioning act' vit ies. Ge:ont w at -
metnocs anc otner decommissioning a.ternatives constaerec 2 in:
decor:91ssioning scne l a to ensurc timelv completion: (3) fac1! ty l
Cperat'ng nistory and raclological sta m of *he site. W ine j
racloactive n_.e management program and the toxic. hazercous aaste :r mixed naste program- (5) radiological nealtn and safety plans: (6) tne ALARA program. (7) emergency response programs: (8; radiolog;ca' accid r analysis: (9) the cuality assurance /cuality control program: (1 estimates of decommissioning Cost fC' unusual ana complex procecures If the DP 1s adequate. tne contractor snall indicate this in a fic.al letter report or final safety evaluation report 'SER) (as speci fied in the task order) that provides the basis for the finding of adequacy.
Tne final SER shall be prepared in accordance with the SRP, FC-90-2. unless otherwise rec,sted in writing b the NRC TM.
If tH DP is inadequate ir anv Section. the ccntractnr snal' C rm the NRC of the deficiencies in tne nnal SER indicatina tne cef1:cics 3icnificance. decision basis.
suggescea resciution and approac Su:r 5!Rs snall als'o Icem 'E any open ssues-e Site Cnaracter'zation Reports NRC reau1rements for ce:0mmissioning recuire inat tne proposed DD incluce "d CesC"1Dtlon of Cne CcnC't'C"5 f n9 site or separate building or outcoor area sufficient to e.aivete tne acceptaD111t> of the plan '
.)censees can aevelco tr's 'rformatior using institutional knowieage aDout raCloa:tlie materia' use 3t treir facility. Dy performing a s,te cnaracter:Zatlor survey or av e :Or: 1 nation cf tnese metnods Tne objectives of site cna'racterizattor are to aetermine tne type and extent of radiolacical contamination of structures. reslaues. and environmentai meala (in:iucing rate of micrationi and to determ'ne environmental conditions tnat could affeci tne ra*e and directions of radionucliae
~
transport anc potential numan and environmental exposures to racionuci1ces.
Prior to in,tlating site character 12ation surveys. some licensees may De reau1 rec to suomit a site char acterization plan (SCP)
Soecific task orders may request the contractor to review tecnnica!
portions of site character' ation plans to ensure that they are unsistent altn NRC aulaance and address all potentially contaminated media inclucinq structures. soll. and around and surface water.
In adattion to the review of the SCP. the contractor may be tasked to evaluate the licensee's site character 12ation plan and activities to determine if thev are adeGuate for assescinc the location and extent of residual contam1 nation on the site Ine cciatracter may also be taskea to evaluate remediation plans against NRC guidance and cleanup criteria.
i After completion of site cnaracterization activities. the contractor l
snail review portions of the site cnaracten zation repor t (SCR). onen tasked to determine if it is complete. Contains sufficient information to character 12a the full extent of raclological contamination and covers a possibly affected environmental media.
The SCR review snall also determine whether the character 1zMion information is sufficient to support an evaluation of reasonable decomrassioning approaches or alternatives.
Paap 9
NRC 02-97 001 4
Section C
\\
l Ine contractor llaisC,n an0 or te:hnical revienfr' 9 j De re se53.;
- acCo"Dany tne NRC Decom<in s s ' ^n i na - '
- a DroWt %naQEr anc ine y: ;
- j ecnnical monitor to Ine
- !' Jurl'~
<e.
,, V he 3CR Cr 3_^F :
2 fam1!!arity <,1tn the 51:e ic su- /Jnc.1.
re:r as sis 1: S n i; a ~
De used to 10entify specifi: 1ssue.
1at sravia De.! cares b a5 par m
the sit 0 Cnaracterica: ton.
Tne contractor..d's3n dr1C :ne !.ecrnl:a!
reV1 ewer ma) also be reauested. by tne NRC TM. tc participate in mee !nct
~
l alth the licensee. State or otner interested partieE tc discuss in:
revisions and conclusions Specific task orcors may reau1re the contractcr to summarize ne resui:I
)
of tne SCP and /or SCR review in a letter report to NRC This rescr:
will identify all tecnnical defic!encies.
If tne contractor fincs tne licensee's submittal to be adequate. the report shall include the D3515 for this finding.
e Providing performance Assessment Support Tne NM 1r resoonsible for dete m " !ng e rether :ne 11censee'.
ni r NR; CeCommiss 'oning proDosal and GeCommis51oning pr oc;c. -' cc'i'cl; reautrements and snetner tne decomrissic !ng alternative anC acticra cnosen by the licensee a111 De accompilsned in accordance witn tne recuirements of :ne Nationa Environmental Policy Act (NEPA).
NRC's regulation !mplementing NE N 1s 10 GR 51.
The resuits of this evaluation n!11 cetermine nnerner tne cecommt:sloning alternative is e' g Die for a categcr' cal exclusion or requires *e development of anc ssuence cf an en,1ronmen:e assessment (EA) and/or an environmental mua r.: staterer: 'E:5
're assessment of Cecommissioning site's Du"Ormance recuire: 3 cr"'nat:en of comples evaluations resultina in an
~
es:u r ion of tne icn; terr impact c' D scious piant operations on numens ana ers ronmental mecie.
Tre aeveloprient of an EIS 1s requirec oy tne NRC for those major Federat ac:1ons that Could nave a significant effect on tne cuality of tne numan environmer: c~ which tne Commission has ae erminec snoula De coverec Dy an EIS.
An EA is required for tho2e ac:1ons tnat are not cceerec D) c categorical exclusion but mg not require an EIS ine NRC may require specif'c tecnnical support for performance assessmen in support of cecommissioning. specific needs will be issued as task craers Task Area 2 -
Modification of Decommissioning Models and Programs and lovestigation of Geological and Hydrological Data and Transport Assumptions to Improve Pathway Analysis anc Dose Assessment Because of differ 1nc environmental and rac10 loc 1Cai characteristics of i
contaminated sites. currentiv Cesianed mocels anc coces must ofter De
~
l modified and newly acquired f'elo data must be reviewec in orcer to assure an independent cneck of a licensee's performance assessment analysis.
Specific task orders may reaulre contractor assistance to modify existing models and codes to facilitate conforma.1ce 61tn comple, Page 9
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t
.NRC 02-97 001 Section C i
s Site specli1C ceolocic and ryrologic :onditions anc to revien :omc e.
geologic anc hydrologic data.
Tne contractor snal; moa!ty coces arc models. provide justification for mocel and coae assumptions. ecc marx recommendations on modifications and recuirements for adcitiona' " e t data as rcau1 red for a.. en sting coc or model used for the purpose or j
pathway analysis and dose assessment for a decommissioning site.
In aedition. the centractor may be requnsced to provide tecnnical assistance 4
- n evait ting the long-term leaching anc release of radionucIldes ana Jepleted uranium metal from slag.
Specific needs will be identi lec oy f
task order.
- t is anticipated that task orders issued under this contract c,' oe j
l cost plus fixed fee completion type. task orders with the exception o' Task Order No. 4 which will be cost plus fixed fee level of effort.
C.5 0 Meetinas and Travel Recu1 red mec:1ngs and travel will bc sr2cified in each indisidual tast orm-C d 0 NRC Eurm sned Materia' To facilitate tne acrk to be performed NRC will provice the contracto-
)
with pertinent documents as necessary to complete the assigned work order This may incluae out :s not limited to NUREG reports. Commisslor i
Papers. Regulations. Dolicy anc Gulaance Directives. NMSS Policy and Procecures Letters Brancn Tecnnical Positions. Standard Review Pians.
etc related to NRC site cecommissioning licensing and review activities q
NRC will also provice tne 51ce cnaracter12ation plan and
)
cnaracterization report anc otner site ~ fortnation and data ava11aDie on tne actual SDMP site tc be evaluatec. as determine 0 by the NRC TM C' Contracter Accu 1rca Matoria' No materials. otner than ouD11 cations and reports, shall be acquired under th!s contract
- E: Deliverabie Produr" Srnaquis Deliverables for eacn croject will oe defined 'n tne individual task order for that project.
C.9.0 Technical Monitor for Task Orders A Tecnnical Monitor (TM) al;. De 'centified for each task order issuec l
under this contract.
Tecnnical direction may not constitute new assignments of' work or cnanges of sucn a nature as to justify an acjustment in cost or period of performance Tne NM$5 TM is respons1 ole for providing tecnnical guidance to the performing organization regarding staff interpretations of tne tecnnical aspects of regulatory requirements along with copies of relevant cocuments (e g. Regulatory Gulaes) when requested by tne performing organization.
All work ortduct: must be reviewec and appro.zd by the NMSS TM before tney are l
Page 10
l NRC-02-97-001 Section C C.1 NRCAR 2052.215-83 TRAVEL APPROVALS (JIli 1993) l l
l (a) All domestic travel requires the prior approval of the project officer.
(b) All foreign travel must be approved in advance by the NRC on NRC Form 445 and must be in compliance with FAR 52.247-63 j
Preference for U.S.
Flag Air Carriers.
Foreign trave.
j approval must be communicated in writing through the i
contracting officer.
i
[End of Clause) i i
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NRC-02-97-001 Section D 1
SECTION D PACKAGING AND MARKING I
D.1 PACKAGING AND MARKING (MAR 1987)
The Contract. shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and j
safe delivery at destination.
Containers and closures shall i
comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the moJe of transportation.
on the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
[End of Clause]
l Page 12 of 44
NRC-02-97-001 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract inccrporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full-text available.
I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.246-5 INSPECTION OF SERVICES APR 1984
- COST-REIMBURSEMENT
[End of Clat:ae.1 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.
[End of Clause]
Page 13 of 44
1 i
NRC-02-97-001 St.ction F SECTION F - DELIVERIES OR PERFORMANCE F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference, with the same torce and effect as if they were given in full text.
Upon request, the contracting Officer will make their full text available.
I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.242-15 STOP-WORK ORDER AUG 1989 Alternate I (APR 1984)
(End of Clause]
F.2 NRCAR 2052.212-70 PREPARATION OF TECHNICAL REPORTS (JAN 1993)
All technical reports required by Section C and any task orders issued under this contract are to be prepared in accordance with the attached Management Directive 3.8,
" Unclassified Contractor and Grantee Publications in the NUREG Series."
Management Directive 3.8 is not applicable to any Contractor Spending Plan (CSP) and any status report that may be included in this contract.
(See Section J for List of Attachments).
[End of Clause]
2.3 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT The contractor shall provide a periodic Technical Progress Report for each four week period to the project officer, the technical monitor, the contracting officer, the Director, DWM, NMSS, and the NRC CNWRA Program Manager.
The report is due within 15 calendar days after the end of the report period and must identify the title of the project, contract number, job code number, project manager, period of performance, and the period covered by the report. Each report must include the following for each discrete task / task order:
(a) A listing of the efforts completed during the period, and I
milestones reached or, if missed, an explanation provided; 1
(b) Any problems or delays encountered or anticipated and recommendations for resolution.
If the recommended resolution Page 14 of 44
L NRC-02-97-001 Section F 1
F.3 (Continued) involves a contract modification, e.g.,
change in work l
requirements, level of effort (cost) or schedule delay, the l
contractor shall suomit a separate letter to the contracting officer identifying the required change and estimated cost i
impact.
(c) A summary of progress to date; and (d) Plans for the next reporting period.
[End of Clause]
F.4 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995)
The contractor shall provide a periodic. Financial Status Report for each four week period to the project officer, the technical monitor, the contracting officer, the Director, DWM, NMSS, and the NRC CNWRA Program Manager. Also, whenever the report references the acquisitio-of, or changes in status of, property valued at the time of purchase at $50,000 or more, send a copy of the report to the Chief, Property Management Branch, Div. of Facilities and Property Mgmt., ADM.
The report is due within 15 calendar days after the end of the report period and shall identify the title of the project, the contract number, job code, project manager and/or principal investigator, the contract period or performance, and
)
the period covered by the report. Each report must include the i
following for each discrete task-l 1
(a) Total est...mced contract amount.
4 (b) Total funds obligated to date.
(c) Total costs incurred this reporting period.
(d) Total costs incurred to date.
(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task, if it is a task ordering contract.
(f) Balance of obligations remaining.
(g) Balance of funds required to complete contract / task order.
l (h) Contractor Spending Plan (CSP) status:
1 (1) Projected percentage of completion cumulative through the report period for the project / cask order as reflected in the current CSP.
Page 15 of 44
NRC-02-97-001 Section F F.4 (Continued)
(2) Indicate if there has been a significant change in the original CSP projection in either dollars or percentage-of completion.
Identif; the change, the reasons for the change, whether there is any projected overrun, and when additional funds would be required.
If there have been no changes to the original NRC-approved CSP projections, a wriocen statement to that effect is eufficient in lieu I
of submitting a detailed response to item h.
i (3) A revised CSP is required with the Financial Status Report whenever the contractor or the contracting officer has reason to believe that the total cost for performance of this contract will be either greater or substantially less than what had been previously estimated.
1 (i) Property status:
(1) List. property acquired for the project during the month with an acquisition cost of $500 or more and less than
$50,000.
Give the item number for the specific piece of equipment.
(2) List property acquired for the project during the canth with an acquisition cost of $50,000 or more.
Provide the following information for each item of property:
item description or nomenclature, manufacturer, model number, serial number, acquisition cost, and receipt date.
If no property was acquired during the month, include a j
statement to that effect.
Note:
The same information shall be provided for any component or peripheral equipment which is part of a " system or system unit."
(3) For multi-year projects, in the September monthly fiancial status report provide a cumulative listing of property with an acquisition cost of $50,000 or more
($5,~000 or more if purchased prior to October 1, 1995) showing the above information.
(4) In the final monthly status report provide a closeout property report containing the same elements as described above for the monthly financial status reports, for all property purchased with NRC funds regardless of value unless title has been vested in the contractor.
If no property was acquired under the contract, provide a statement to that effect.
The report should note any property requiring special handling for security, health, safety, or other reasons as part of the report.
(j) Travel status:
)
Page 15 of 44
~.
I NRC-02-97-001 Section F F.4 (Continued)
List the starting and end dates for each trip, the starting point and destination, and the traveler (s) for each trip.
i If the data in this report indicates a need for additional funding beyond that already obligated, this information may only be used as support to the official request for funding required in accordance with the Limitation of Cost (LOC) Clause (FAR 52.232-
- 20) or the Limitation of Funds (LOF) Clause (FAR 52.232-22)
(k)
License Fee Cost Recovery Status Section Pursuant to the provisions of 10 CFR Parts 170 and 171 on fees, provide the total amount of funds costed during the period and fiscal year to date for each task or task assignment by facility or topical report.
The Certificate Fee Recovery Status Report must be on a separate page as part of the periodic report for the task, and must be in the format provided (See Attachment 8). Cost must be properly apportioned by docket number and TAC number to the appropriate site.
There should be only one Certificate Fee Recovery Cost Status table per job code.
Tha facilities should be identified by docket number and TAC number, and costs should be reported as whole numbers rounded to the nearest dollar.
For work that involves more than one site, each site should be listed separately and the costs should be split appropriately between the sites.
Common costs as defined below, must be identified separately in the Certificate Fee Recovery Cost Status table each period and must be divided among all plants worked on under the program during the period.
The total cf the period costs reported in the certificate Fee Reccuery Cost Status table should equal the total of the period costs reported in the Financial Status Report.
In the event the totals of the costs reporto in these two tables are not equal, an explanation for the variance should be given as a footnote to the Certificate Fee Recovery Cost Status table.
Common costs are those costs associated with the performance of an overall program that benefit both sites covered under that program or that are required to satisfactorily carry out the program.
Common costs include costs associated with the following:
preparatory or start-up efforts to interpret and reach agreement on methodology, approach, acceptance criteria, regulatory position, or technical reporting requirements; efforts associated with the " lead site" concept that might be involved during the first one or two plant reviews; meetings and discussions involving i
the above efforts to provide orientation, background knowledge, or l
guidance during the course of a program; any technical effort I
applied to a category of plants; and project management.
On a periodic (every four weeks) basis, the common costs for each period must be apportioned to the costs incurred during the period Page 17 of 44 l
l l
NRC-02-97-001 Section F l
l F.4 (Continued) l l
for each of the sites for which work was performed.
l l
F.5 PLACE OF DELIVERY--REPORTS (JUN 1988)
The items to be furnished hereunder shall be delivered, with all l
charges paid by the Contractor, to:
1 (a) Project Officer (4 copies) l U.S.
Nuclear Regulacory Commission Attn:
Daniel Huang M/S T8A23 Program Management, Policy Development and Analysis Staff, NMSS Washington, DC 20555 i
(b) Contracting Officer (1 copy)
(End of Clausc]
F.6 DURATION OF CONTRACT PERIOD The ordering period for this contract shall commence on date of contract award and will expire on Sept. 26, 1997.
Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein. (See 52.216 Ordering)
F.7 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS (DPVs)
The Nuclear Regulation Commission's (WRC) policy is to support the contractor's expression of professional health and safety related concerns associated with the contractor's work for NRC l
that (1) may differ from a prevailing NRC staff view, (2) disagree I
with an NRC decision or policy position, or (3) take issue with proposed or established agency practices.
An occasion may arise i
when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious expression of a competent l
judgement is required to document such concerns on matters directly associated with its performance of the contract.
The procedure that will be used provides for the expression and resolution of differing professional views (DPVs) of health and safety related concerns associated with the mission of the agency by NRC contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of l
Page 18 of 44 l
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I
l l
l NRC-02-97-001 Section F F.7 (Continued)-
the contract,. may be found in Section J of the solicitation.
The j
contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all o
subcontractors who shall, in turn, provide a copy of the procedure to its employees.
NOTE:
The prime contractor or subcontractor l
shall submit all DPV's received by need not endorse them.
[End of Clausej i
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1 Page 19 of 44 i
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[
NRC-02-97-001 Section G 1
SECTION G - CONTRACT ADMINISTRATION DATA G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY l
1 (JAN 1993) l (a) The contra.ing officer's authorized representative l
hereinafter referred to as the project officer for this l
contract is-l i
Name:
Daniel Huang
]
i Address:
U.S.
Nuclear Regulatory Commission Program Management, Policy Development, and Analysis Staff, NMSS l
Washington, DC 20555 i
l Telephone Number: 301-415-7805 t
(b) Performance of the work under this contract is subject to the technical direction of the NRC project officer.
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 tas::s, fills in details, or otherwise serves to accomplish the contractual statement of work.
(2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work description.
l l
(3) Review and, where required by the contract, approval of technical drawings, specifications, and technical l
information to be delivered by the contractor to the Government under the contract.
(c) Technical direction must be within the general statement of l
work stated in the contract.
The project officer does not l
have the authority to and may not issue any technical j
direction which:
(
(1) Constitutes an assignment of work outside the general l
scope of the contract.
(2) Constitutes a change as defined in the " Changes" clause of this contract.
(3) In any way causes an increase or decrease in the total j
Page 20 of 44 I
l l
. ~.
~.. - -
l l
i NRC-02-97-001 Section G G.1 (Continued) estimated contract cost, the fixed fee, if any, or the time required for contract performance.
(4) Changes any of the expressed terms, conditions, or specifications of the contract.
(5) Terminates the coatract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.
(d) All technical directions meet be issuec; in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance.
A copy of the written direction must be furnished to the contracting officer.
(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the project officer in the manner prescribed by this clause and within the project officer's authority under the provisions of this clause.
3 (f) If, in the opinion of the contrac' tor, any instruction or direction issued by the project officer is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly.
Upon receiving the 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" claaec.
(g) Any unauthorized commitment or direction issued by the project officer may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.
(h) 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 there to is subject to FAR 52.233 '
Disputes.
(i) In addition to providing technical direction as defined in J
paragraph (b) of the section, the project officer shall:
i (1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recommend to the contracting officer changes in requirements.
Page 21 of 44 l
l l
l
NRC-02-97-001 Section G G.1 (Continued)
(2) Assist the contractor in the resolution of technical problems encountered during performance.
(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
[End of Clause]
G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT
- ALTERNATE 1 (JAN 1993)
(a) The contractor is encouraged to use Government contract airlines, AMTRAK rail services, and discount hotel / motel properties in order to reduce the cost of travel under this contract.
The contracting officer shall, upon request, provide each traveler with a letter of identification which is required in order to participate in this program.
The Federal Travel Directory (FTD) identifies carriers, contract fares, schedules, payment conditions, and hotel / motel properties which offer their services and rates to Government contractor i
personnel traveling on official business under this contract.
The FTD, which is issued monthly, may be purchased from the U.S.
Government Printing Office, Washington, DC 20402.
(b) The contractor will be reimbursed for reasonable travel costs incurred directly and specifically in the performance of this contract.
The cost limitations for travel costs are determined in accordance with the specific travel regulations cited in FAR 31.205-46, as are in effect on the date of the trip.
Travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub.
L.
100-679, shall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded.
Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.
l (c) When the Government changes the Federal Travel Regulations, or l
other applicable regulations, it is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations of Cost clause of this contract if the contractor will be unable to make all of the approved trips and remain within the cost'and fee limitations of this contract due to the changes.
Page 22 of 44
NRC-02-97-001 Section G G.2 (Continued)
(End of Clause)
G.3 l
NRCAR 2052.216-71 INDIRECT COST RATES (JAN 1993)
(a)
Pending the establishment of final indirect rates which must be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs as follows:
Category Rate Cost Base Period j
SwRI O/H llllll Direct Labor & Fringe DOA -
9/26/97 CNWRA O/H lllll Direct Labor & Fringe Fringe dllll Direct Labor DOA -
9/26/97 Material Handling lllll Materials & Supplies (b)
The contracting officer may adjust the above rates as appropriate during the term of the contract upon acceptance of any revisions proposed by the contractor.
It is the contractor's responsibility to notify the contracting officer in accort.aace with FAR 52.232-20, Limitation of Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if these changes affect performance of work within the established cost or fundir.g limitatio s.
[End of Clause]
G.4 NRCAR 2052.216-74 TASK OROLR PROCEDURES (JAN 1993)
(a) Task order request for proposal.
When a requirement within the scope of work for this contract is identified, the contracting officer shall transmit to the contractor a Task Order Request for Proposal (TORP) which includes the following, as appropriate:
(1) Scope of work / meetings / travel and deliverables; (2) Reporting requirements; i
l (3) Period of performance - place of performance; (4) Applicable special provisions; Page 23 of 44
NRC-02-97-001 Section G r
[
G.4 (Continued) l (5) Technical skills required; and (6) Estimated level of effcic.
l (b) Task order proposal. By the date specified in the TORP, the contractor chall deliver to the contracting officer a written proposal tnat provides the following technical and cost information, as appropriate:
(1) Technical proposal content; (1) A discussion of the scope of work requirements to substantiate the contractor's understanding of the requirements of the task order and the contractor's proposed method of approach to meet the objective of the order.
(ii) Resumes for professional personnel proposed to be utilized in the performance of any resulting task order.
Include educational background, specific pertinent work experience, and a list of any pertinent publications authored by the individual.
l (iii) Identification of administrative support personnel and/or facilities that are needed to assist the professional personnel in completing work on the task order.
(iv) Identification of " Key Personnel" and the number of staff hours that will be committed to completion of work on the task order.
(2) Cost proposal.
The contractor's cost proposal for each task order must be prepared using Standard Form 1411, Contract Pricing Proposal cover sheet.
A copy of the form and instructions are attachad to this contract. Each task order cost proposal must be fully oupported by cost and pricing data adequate to establish the reasonableness of the proposed amounts.
When the contractor's estimated cost for the proposed task order exceeds $100,000 and the period of performance exceeds six months, the contractor may be required to submit a Contractor Spending Plan (CSP) as part of its cost proposal.
The TORP indicates if a CSP is required.
i I
(c) Task order award.
The contractor shall perform all work l
described in definitized task orders issued by the contracting officer.
Definitized task orders include the following:
(1) Statement of work / meetings / travel and deliverables; l
Page 24 of 44 1
i
?.
NRC-02-97-001 Section G G.4 (Continued)
(2) Reporting requirements; 1
(3) Period of performance; (4i Key personnel; i
(5) Applicable special provisions; and (6) Total task order amount including any fixed fee.
i
[End of Clause]
i G.5 NRCAR 2052.216-75 ACCELERATED TASK ORDER PROCELURES (JAN 1993)
(a) The NRC may require the contractor to commence work before receipt of a definitized task order from the contracting i
officer.
Accordingly, when the contracting officer verbally authorizes the work, the contractor shall proceed with performance of the task order ruhjact to the monetary limitation established for the task order by the contracting officer.
(b) When this accelerated procedure is employed by the NRC, the contractor agrees to begin promptly negotiating with the contracting officer the cerms of the definitive task order and agrees to submit a cost proposal with supporting cost or pricing data.
If agreement on a definitized task order is not reached by the target date mutually agreed upon by the contractor and contracting officer, the contracting officer may determine a reasonable price and/or fee in accoraance with Subpart 15.8 and Part 31 of the FAR, subject to contractor appeal as provided in 52.233-1, Disputes.
In any event, the contractor shall proceed with completion of the task order, subject only to the monetary limitation established by the contracting officer and the terms and conditions of the basic contract.
(End of Clause)
G.6 Electronic Payment The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds l
Transfer.
It is the policy of the Nuclear Regulatory Commission to pay vendors by the Automated Clearinghouse (ACH) electronic funds transfer payment system.
The electronic system is known as Vendor Express.
Payment shall be made in accordance with FAR 52.232-33, entitled " Mandatory Information for Electror,ic Funds Page 25 of 44
NRC-02-97-001 Section G I
G.6
.(Continued)
Transfer Payment".
To receive payment, the contractor shall complete the " Company j
Information" portion of the Standard Form 3881, entitled "ACH l
Vendor / Miscellaneous Payment Enrollment Form" found in Section J.
l The contractor shall take the form to the ACH Coordinator at the l
financial institution that maintains its company's bank account.
The contractor shall discuss with the ACH Coordinator how the i
payment identification (addendum record) will be passed to them l
once the payment is received by the financial institution.
To ensure that adequate payment information will be available to the contractor, the contractor should inform the financial institution that the addendum record must not be stripped from.the payment.
Further information concerning the addendum is provided at I
Attachment 7.
The ACH Coordinator should fill out the " Financial Institution Information" portion of the form and return it to the
-Office of the Controller at the followi.1g address:
Nuclear j
Regulatory Commission, Division of Accounting and Finance, Financial Operations Section, Mail Stop T-9-H-4, Washington, DC j
20555, ATTN: ACH/ Vendor Express.
It is the responsibility of the contractor to ensure that the financial institution returns the completed form to the above cited NRC address.
If the contractor can provide the financial information, signature of the financial institution's ACH Coordinator is not required.
The NRC is under no obligation to send reminders.
Only after the Office of the Controller has processed the contractor's sign-up form will the contractor be eligible to receive payments.
Once electronic funds transfer is established for payments authorized by NRC, the contractor needs to submit an additional SF 3881 only to report changes to the information supplied.
Questions concerning ACH/ Vendor Express should be directed to the Financial Operations Staff at (301) 415-7520.
i 4
Page 26 of 44 I
NRC-02-97-001
'Section H i
SECTION H SPECIAL CONTRACT REQUIREMENTS H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (J1N 1993)
(a) Purnose. The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interests (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) Scone. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.
i (c) Work for others.
(1) Notwithstanding any other provision of this contract, during the term of this contract the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of whic..
..ay give rise to a conflict of interest with respect to the work being performed under this contract.
The contractor shall ensure that all employees under this contract abide by the provision of this clause.
If the contractor has reason to believe with respect to itself or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC l
audit, inspection, or review where the activities that are the subject of the audit, inspection or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate), except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other i
l entity which NRC questions.
i Page 27 of 44 i
.-~ -.
-NRC-02-97-001 Section H H.1 (Continued)
(3) When the contractor performs work for the NRC under this-contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the l
same or cimilar technical araa for that licensee or applicant organization for a period commencing with the award f the task order or beginning of work on the site (if not a task order' contract).and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that site for that licensee or applicant during the period of nerformance of the task order or the contract, as appropriate.
(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same cnr similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.
1 (d) Disclosure after award.
j (1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure l
in writing to the contracting officer. This statement j
must include a description of the action which the contractor has taken or proposes to take to avoid or
(
mitigate such conflicts.
The NRC may, however, terminate the contract if termination is in the best interest of the government.
(3). It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad 1
+
I Page 28 of 44 i
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- ~.
NRC-02-97-001 Section H H.1 (Continued) l spectrum of activi;ies. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract, Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site.
This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at~1 east 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer.
The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or ether regulated entity.
NRC may deny approval of tha disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c) (2), (c) (3) or (c) (4) of this section.
(e) Access to and use of information.
(1) If in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C.
Section 552a (1988)), or the Freedom of Information Act (5 U.S.C.
Section 552 (1986}), the contractor agrees not I
to:
(1) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government i
based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the Page 29 of 44 l
i I
l.
NRC-02-97-001 Section H H.1 (Continued) l 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 (5 U.S.C.
Section 552a (1988)), or the Freedom of Information Act (5 U.S.C.
Section 552 (1986)), or otl.er confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictior.s placed on use of the information.
(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts.
Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.
(g) Remedies.
For breach of any of the above restrictions, or' l
for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily' imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Waiver.
A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.
(i) follow-on effort.
The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly frcn the contractor's performance of work under this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the j
contractor has been substantially involved in the development l
or marketing of the products or services.
f-L (1) If the contractor, under this contract, prepares a
(
complete or essentially complete statement of work or Page 30 of 44
NRC-02-97-001 Section H H.1 (Continued) specifications, the contractor is not eligible to perform
)
or participate in the initial contractual effort which is based on the statement of work or specifications.
The contractor.may not incorporate its products or services in the statement of work or specifications unless so i
directed in writing by the contracting officer, in which case the restrictions in this paragraph do not _,,1y.
(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.
[End of Clause]
H.2 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993) i (a) The following individuals are considered to be essential to the successful performance of the work hereunder:
John L.
Russell David R.
Turner Uemes R.
Winterle Patrick L.
LaPlante j
The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances r.ecessitating the proposed substitutions.
The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution.
The contracting officer or his/her authorized representative sha__
evaluate the request and promptly notify the contractor of his or her approval or disapproval in writing.
(d) If the contracting officer determines that suitable and timely l
Page 31 of 44 l
l l
I
~
l I
t-NRC-02-97-001 Section H H.2 (Continued) 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 terminated by the con" acting officer for default or for the convenience of the Government, as appropriate.
If the contracting officer 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.
[End of Clause]
H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)
The Government will not provide any equipment / property under this contract.
[End of Clause]
H.4 LICENSE FEE RECOVERY COSTS (APR 1992)
Included as an attachment in Section J are billing instructions for license fee recovery costs.
This information must be submitted by the contractor in conjunction with the monthly invoice.
[End of Clause]
l l
l Page 32 of 44
NRC-02-97-001 Section I PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 52.252-2 CLAUSES INCORPORATED L. REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available.
I.
FEDERAL ACQUISITION REGULATION (4 8 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.202-1 DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCCNTRACTOR JUL 1995 SALES TO THE GOVERNMENT 52.203-10 PRICE OR FEE ADJUSTMENT FOR JAN 1996 ILLEGAL OR IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO JAN 1990 INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTING / COPYING DOUBLE-SIDED JUN 1996 ON RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S JUL 1995 INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION AUG 1996 Alternate II (JAN 1997) 52.215-22 PRICE REDUCTION FOR LEFECTIVE OCT 1995 COST OR PRICING DATA 52.215-24 SUBCONTRACTOR COST OT.
OCT 1995 PRICING DATA 52.215-27 TERMINATION OF DEFINED BENEFIT MAR 1996 PENSION PLANS 52.215-33 ORDER OF PRECEDENCE JAN 1986 52.215-39 REVERSION OR ADJUSTMENT OF PLANS MAR 1996 l
FOR POSTRETIREMENT BENEFITS l
OTHER THAN PENSIONS (PRB) 52.215-40 NOTIFICATION OF OWNERSHIP CHANGES FEB 1995 l
52.216-8 FIXED FEE MAR 1997 52.219-8 UTILIZATION OF SMALL, SMALL OCT 1995 DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS CONCERNS Page 33 of 44
NRC-02-97-001 Section I I.1 (Continued)
. NUMBER TITLE DATE 52.219-9 SMALL, SMALL DISADVANTAGED AND AUG 1996
' WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING PLAN Alternate II (MAR 1996) 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING OCT 1995 PLAN 52.222-3 CONVICT LABOR AUG 1996 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL APR 1984 DISABLED AND VIETNAM ERA VETERANS 52.222-36 AFFIRMATIVE ACTION FOR APR 1984 l
HANDICAPPED WORKERS 52.222-37 EMPLOYMENT REPORTS ON SPECIAL JAN 1988 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 52.223-2 CLEAN AIR AND WATER APR 1984 52.223-6 DRUG-FREE WORKPLACE JAN 1997 52.225-11 RESTRICTIONS ON CERTAIN OCT 1996 FOREIGN PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 52.227-11 PATENT RIGHTS - RETENTION BY JUN 1989 THE CONTRACTOR (SHORT FORM) 52.227-2 NOTICE AND ASSISTANCE REGARDING AUG 1996 PATENT AND COPYRIGHT INFRINGEMENT 1
52.227-14 RIGHTS IN DATA - GENERAL JUN 1987 52.228-7 INSURANCE - LIABILITY TO THIRD MAR 1996 PERSONS j
52.230-2 COST ACCOUNTING STANDARDS APR 1996
'52.230-6 ADMINISTRATION OF COST ACCOUNTING APR 1996 STANDARDS 52.232-17 INTEREST JUN 1996 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT MAY 1997 52.232-33 MANDATORY INFORMATION FOR AUG 1996 ELECTRONIC FUNDS TRANSFER PAYMENT 52.233-1 DISPUTES OCT 1995 52.233-3 PROTEST AFTER AWARD AUG 1996 Alternate I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995 52.242-13 BANKRUPTCY JUL 1995 l
52.243-2 CHANGES - COST-REIMBURSEMENT AUG 1987 Alternate I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT FEB 1997 AND LETTER CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 Page 34 of 44 i
I
NRC-02-97-001 Section I I.1 (Continued)
NUMBER TITLE DATS-52.246-25 LIMITATION OF LIABILITY - SERVICES FEB 1997 52.249-6 TERMINATION (COST-REIMBURSEMENTJ SEP 1996 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991
[End of Clause)
I.2 52.216-7 ALLOWABLE COST AND PAYMENT (MAR 1997)
(a) Jnvoicino.
The Government shall make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Subpart 31.2 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract and the terme of this contract.
The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.
(b) Reimbursino costs.
(1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (2) below, i
with respect to pension, deferred profit sharing, and employee J
stock ownership plan contributions), the term " costs" includes i
only--
(i, Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for item or services purchased directly for the contract; (ii)
When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--
(A) Materials issued from the Contractor's inventory and placed in the production process i
for use on the contract; (B) Direct labor';
l-(C) Direct travel; (D) Other direct in-house costs; and Page 35 of 44
NRC-02-97-001 Section I I
I.2 (Continued) l (E) Properly allccable and allowable indirect costs, as shown in the records maintained by l
the Contracto; for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of progress and other paymeuts that have been paid by cash, check, or other form of payment to the Contractor's. subcontractors under similar cost st.andards.
(2) Contractor contributions to any pension or other postretirement benefit, profit-sharing or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes; Provided, that the Contractor pays the contribution to the fund within 30 days after the close of ti period coverecI.
Payments mad; 30 days or more i
after the close of a period shall not be included until the Contractor actually makes the payment.
Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for payment purposes until the Contractor actually makes the payment.
)
(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) below.
(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of. services or furnishing of materials at the l
Contractor's expense or at no cost-to the Government shall be disregarded for purposes of cost-reimbursement under this clause.
('
Small business concerns.
A small business concern may be paid more often than every 2 weeks and may invoice and be paid for recorded costs for items or services purchased directly for the contract, even though the concern has not yet paid for those items or services.
(d) Final indirect cost rates.
(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.
l (2) The Contractor shall, witnin 90 days after the expiration Page 35 of 44 l
l l
NRC-02-97-001 Section I I.2 (Continued) of each-of its fiscal years, or by a later date approved by the contracting Officer, submit to the cognizant Contracting Officer responsible for negotiating its final indirect cost rates and, if required by agency procedures, to the cognizant. audit activity proposed final indirect cost rat-~ for that period and supporting cost data specifying the contract and/or subcontract to which the rates apply.
The proposed rates shall be based on the Contracter's actual cost experience for that period.
The appropriate Government representative and Contractor shall. establish tae final indirect cost rates as promptly as practical after receipt of the contractor's proposal.
(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates.
The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract j
and/or subcontract, identifying any with advance agreements or special terms and the applicable rates, j
The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract.
The understanding is incorporated into this contract upon execution.
(4) Within 120 days after settlament of the final-indirect cost rates covering the year in which this contract is l
physically. complete (or longer, if approved in writing by the contracting Officer), the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates.
(5)_ Failure.by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.
'(e) Billina rates.
Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are l
established.
These billing rates--
I.
(1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual l
Page 37 of 44 l
i l
NRC-02-97-001 Section I I.2-(Continued) agreement, at either party's request, to prevent.
substantial overpayment or underpayment.
(f) Ouick-closecut orocedures.
Quick-closecut procedures are applicable when the conditions in FAR 42.708 (a) are satisfied.
(g) Audit.
'At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited.
Any payment may be (1) reduced by amounts found by the Contracting officer not to constitute allowable costs or (2). adjusted for prior overpayments or underpayments.
(h) Final cavment.
(1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d) (4) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.
(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if.any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government.
Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting officer..Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver--
(i)
An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except--
(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; l
(B) Claims (including reasonable incidental Page 38 of 44
NRC-02-97-001 Section I
_I.2 (Continued) expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that l
the claims are not known to the. Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer
' thin 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.
[End of Clause]
I.3 f2.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.
Such orders may be issued from effective date of contract through September 26, 1997.
(b) Al] delivery orders or task orders are subject to the terms and conditions of this contract.
In the event of conflict between. _;1ivery order or taek order and this contract, the contract shall control.
(c) If mailed, a deliverv order or task order is considered
" issued" when the Government deposits the order in the mail.
Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
[End of Clause]
I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Mi.limum order. When the Government requires supplies or L
services covered by this contract in an amount of less than n/a, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of n/a; Page 39 of 44 i
l l
NRC-02-97-001 Section I I.4 (Continued)
(2) Any order for a combination of items in excess of n/a; or (3) A series of orders from the same ordering office within n/a days that together call ror quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e.,
includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragrc"h (b), unless that order (or o~ders) is returned to j
the ordering office within n/a days after issuance, with written notice stating the contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or l
services from another source.
[End of Clause]
I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule.
The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering clause.
The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified 4n the Schedule up to and including the quantity designated in the Schedule as the " maximum."
The Government shall order at least the quantity of supplies or services designated in the Schedule as the " minimum."
(c) Except for any limitations on quantities in the order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued.
The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.
The Page 40 of 44 i
i.
NRC-02-97-001 Section 1 I.5 (Continued) l contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after January 31, 1998.
[End of Clause]
I.6 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed $500.00 or the overtime premium is paid for work--
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; (3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or (4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--
(1) Identify the work unit; e.g.,
department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the I
affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime; j
(2) Demonstrate the effect that denial of the request will l
have on the contract delivery or performance schedule; l
Page 41 of 44 l
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NRC-02-97-001 Section I I.6 (Continued)
(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and (4) Provide reasons why the required work cannot be performed by using multishift operacions or by employing additional personnel.
[End of Clause]
I.7 52.242-4 CERTIFICATION OF INDIRECT COSTS (OCT 1995)
(a) The Contractor shall--
(1) Certify any proposal to estab]ish or modify billing rates or to establish final indirect cost rates; i
l (2) Use the format in paragraph (c) of this clause to certify; and l
\\
(3) Have the certificate signed by an individual of the Contractor's organization at a level no lower than a vice l
president or chief financial officer of the business segment of the Contractor that submits the proposal.
l (b) Failure by the Contractor to submit a signed certificate, as l
described in this clause, shall result in payment of indirect costs at rates unilaterally established by the Government.
(c) The certificate of indirect costs shall read as follows:
l Certificate of Indirect Costs This is to certify that to the best of my knowledge and belief:
l l
1.
I have reviewed this indirect cost proposal; l
l 2.
All costs included in this proposal (identify j
proposal and date) to establish billing or final indirect costs rates for (identify period covered by l
rate) are allowable in accordance with the requirements of contracts to which they apply and with the cost principles of the Federal Acquisition Regulation (FAR) and its supplements applicable to those contracts; 3.
This proposal does not include any costs which are unallowable under applicable cost principles of the Page 42 of 44
NRC-02-97-001 Section I I.7 (Continued)
FAR or its supplements, including, but not limited to: advertising and public relations costs, contributions and donations, entertainment costs, fines and penalties, lobbying costs, defense of fraud proceedings, and goodwill; and 4.
All costs included in this proposal are prr rly allocable to Government contracts on the basis of a beneficial or casual relationship between the expenses incurred and the contracts to which they are allocated in accordance with applicable acquisition regulations.
I declare under penalty of perjury that the foregoing is true and correct.
Firm:
Signature:
Name of Certifying Official:
Title:
Date of Execution:
[End of Clause) l I
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NRC-02-97-001 Section'J PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS J.1
. ATTACHMENTS (MAR 1987)
Attachment Num' r Title 01 Billing Instructions 02 NRC Contractor Organizational Conflicts of Interest 03 NRC Handbook 3.8 04 Subcontracting Plan
)
05 License Fee Cost Recovery Status 06 Procedures for Resolving NRC Contractor Differing Professional Views 07 Payment Information Form ACH Vendor Payment System l
f Page 44 of 44 1
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