ML20198S230

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Contract NRC-02-98-001, Nuclear Byproduct Matl Risk Review Awarded to Scientech,Inc
ML20198S230
Person / Time
Issue date: 12/30/1997
From: Knight D, Pool S
NRC OFFICE OF ADMINISTRATION (ADM), SCIENTECH, INC.
To:
References
CON-FIN-J-5215, CON-NRC-02-98-001, CON-NRC-2-98-1 NUDOCS 9801260117
Download: ML20198S230 (37)
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TABLE OF CONTENTS PAGE 1

PART I - THE-SCHEDULE.

SECTION A - SOLICITATION / CONTRACT FORM.

1:

1 SF 26 AWARD / CONTRACT

,Page 1 of Pages P

SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS 4

4 B.1 PROJECT TITLE,

B.2-BRIEF DESCRIPTION OF WORK (MAR 19875.-

4 B.3 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE.

4 (4JUN 1988)

SECTION.C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK.

5 5

'C,1 BACKGROUND...........................

6 C.2 OBJECTIVES 6

C.3 TECHNICAL AND OTHER SPECIAL QUALIFICATIONS REQUIRED.

6 l

C.4 - LEVEL OF EFFORT.

7 C. 5.

SCOPE OF WORK.

9 C;6' ' Technical and Letter Reports.

10 t

C.7 MEETINGS AND TRAVEL.

10 10.8.-NRC FURNISFED MATERIAL.

10 C.9 ~ SCHEDULE OF. DELIVERABLES....................

10 C.10 TECHNICAL / PROJECT DIRECTION.

11 C.11 DISTRIBUTION.

C.12 NRCAR 2052.215-83 TRAVEL APPROVALS -(JAN 1993) 12 14

' SECTZON D - PACKAGING AND MARKING.

D.1 -

PACKAGING AND MARKING 0001 1987).

14 r

- SECTION E - INSPECTION AND ACCEPTANCE.

15 E.1 NOTICE LISTING' CONTRACT CLAUSES INCORPORATED BY REFERENCE.

15 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) 15 16 SECTION P - DELIVERIES OR PERFORMANCE.

F.'1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.

16 16 F.2 2052.212-70 PREPARATION OF TECHNICAL REPORTS F.3 2052.212-71 TECHNICAL PROGRESS REPORT.

16 F.4

.NRCAR 2052.212-72 FINANCIAL STATUS REPORT.(DEC 1995) 17

.F.5 PLACE OF DELIVERY--REPORTS (JUN 1988) 18 F.6' RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS 18 (DPVs)

F.7 DURATION'OF CONTRACT PERIOD OUut 1987).

19 SECTION O - CONTRACT ADMINISTRATION DATA.

20 G.1-2052.215-71. PROJECT OFFICER AUTHORITY.

20 G.2-2052.215-82 TRAVEL REIMBURSEMENT-ALTERNATE 1 22 G3

'2052.216171 INDIRECT COST RATES...

22 23 t

G.4 ELECTRONIC: PAYMENT.

24 SECTION H--

SPECIAL CONTRACT: REQUIREMENTS.

24

- H.11 2052;209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS -.

OF1 INTEREST:

-H.2 2052.235-70 LPUBLICATION OFLRESEARCH RESULTS.

27 28 H.3 2052.235-72 SAFETY,; HEALTH, AND FIRE PROTECTION.

H 4--

. GOVERNMENT' FURNISHED 1 EQUIPMENT / PROPERTY - NONE PROVIDED.

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TABLE OF CONTENTS PAGE (JUN 1988)

SEAT BELTS.

28

.H 5-H.6 ADDITIONAL ORGANIZATIONAL CONFLICT OF INTEREST REQUIREMENTS.

2B-PART II

- CONTRACT CLAUSES.

29 CONTRACT CLAUSES 29 SECTION I I;1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE,

29 I.2 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL)

(JUN 1987).

30

-I. 3 52.232-25 PROMPT PAYMENT.(JUN 1997) 30 I.4

- 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 36 PART III --LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 37 SECTION J - LIST OF ATTACHMENTS.

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NRC-03-98 001 Section B PART I THE SCHEDULE i

88CTION B - SUPPLIES OR SERVICES AND' PRICE / COSTS l

t B.1

-PROJECT TITLE

.The title of this project is as follows:

Nuclear Byproduct Material Risk Review

. B.2

.BRIEF DESCRIPTION OF WORR (MAR 1987) i The-contractor will be required to (1) to use qualitative and to the extent possible and reasonable, quantitative probabilistic--

tools to identify and evaluate risks associated'with nuclear

. byproduct materials systems, (2) to develop and apply a radiation Trisk evaluation system to categorize each of those systems, and-(3)

= to develop and evaluate options for regulatory approaches and their 1

OsPoCiated Costs and benefits.

~B.3 CONSIDERATION AND-OBLIGATION--COST PLUS FIXED FEE (JUN 1988)

(a) The' total: estimated cost to the Government for full 5

. performance _of this contract is $399,950, of which the sum of

$370,417. represents the estimated reimbursable costs, and of which

$29,533 represents the fixed fee.

(b)sThere shall be ao adjuetment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for

- performance of the work-under this contract and the actual cost for performance of that work.

(c) The amount obligated by the Government with respect to this

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NRC-02-98-001 Section C SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK 4

C.1 BACKGROUND Direction Setting Issue 12, part of the Nuclear Regulatory Commission's (NRC) Strategic Assessment and Rebaselining effort, addressed risk-informed, performance-F.ed regulation.

An A3ril 15, 1997, Staff Requirements Memorandum (SRM) related to t1at direction setting issue noted that accomplishment of the Commission's principal mission will, in the future, require regulatory focus on those licensee activities that pose the greatest risk to the public. The SRM further noted that the required regulatory focus could be accomplished by building upon.probabilistic risk assessment concepts, where applicable, or ot7er approaches that would allow a risk-graded approach for determining high-and low-risk activities. The April 15, 1997, SRM directed, In part, that the staff reexamine the applicability of risk-informed, performance-based or risk-informed, less prescriptive approaches to the regulation of nuclear material.

Another part of the Nuclear Regulatory Commission's Strategic Assessment and Rebaselining effort, Direction Setting Issue 7, addressed nuclear byproduct materials / medical oversight.

A March 20,1997, SRM related to that direction setting issue indicated, in part, Commission support for continuing the existing program (with improvements) and for decreased oversight of low-risk activities with continued emphasis in high risk activities.

A December 31, 1996, SRM related to an NRC staff proposal for improving NRC's control over and licensees' accountability for generally and specifically licensed devices _;rected the staff to quantify the risks associated with unaccounted for devices.

The Commission's direction to the staff included establishing the probabilities associated wiu. devices being lost, devices causing axposure to members of the public, devices entering the metals manufacturing stream, devices being smelted and other incidents the staf f recen. mended analyzing.

Finally, a March 3, 1997, SRM addressed a rule making plan for revision of prototype testing requirements for timepiece hands, dials, and pointers using tritium.

The Commission directed the staff to make rules for manufacture and distribution of licensed and exempt products or materials more generally d user-friendly, while still maintaining an flexible an adequate level of safety.

Each of the above requiretents placed on the staff emphasizes the Commission's desire to make regulation of nuclear byproduct material more risk informed and performance-based or more Page 5 of 37

'I

NRC-02-98-001 Section C

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risk-informed end less prescriptive.

In response to the Commission's direction, the NRC's Office of Nuclear Material Safety and Safeguards (NMSS) formed the Nuclear Byproduct Material Risk Review Group, consisting of representatives from the NRC and an Agreement State.

The goals of the group are:

(1) to identify and document a technical basis for a risk-informed approach to the regulation of nuclear byproduct material, and (2) to develop plans for a graded approach to nuclear byproduct material regulation based on risk information.

Where appropriate, the group will consider performance-brsed regulatory approaches.

The scope of the group's efforts encompasses byproduct materials that are currently defined in Section 11.e(1) of the Atomic Energy (Act of 1954, and Title 10 of the Code of Federal Regulations CFR)

Section 30.4 and addressed by 10 CFR Parts 30-36 and 39.

C.2 OBJECTIVES The objectives of this project are (1) ta use qualitative and, to the extent possible and reasonable, quantitative and probabilistic tools to identify and evaluate risks associated with nuclear byproduct materials systems, (2) to develop and apply a radiation risk evaluation system to categorize each of t1ose systems, and (3) to develop and evaluate options for regulatory approaches and their associated costs and benefits.

The nuclear byproduct material systems shall be defined as broadly as is necessary to identify the real-world risks associated with them.

A draft list of nuclear byaroduct material systems is provided as Attachment A of t.lis Work Statement.

C.3 TECHNICAL AND OTHER SPECIAL QUALIFICATIONS REQUIRED This project requires a multi-disciplinary team which includes persons with sound knowledge of nuclear byproduct matcrial systems; dose assessment and health physics; systems analysis and risk assessment; probability and statistical analysis; expert elicitation; data collection, analysis and management; cost / benefit analysis; identification und evaluation of perceived risk; and NRC and/or Agreement State regulation of byproduct material.

C.4 LEVEL OF EFFORT The following' resource requirements are estimated for FY 98 technical support:

Task 1: Collect, evaluate, and select data.

8 staff weeks Task 2: Determine the maximum possible doses.

3 staff weeks Task 3: Describe the systems and identify and evaluate barriers to rad:ation risk.

32 staff weeks Task 4: Develop and apply a radiation risk evaluation system, 20 staff weeks Task 5: Identify and evaluate other risks.

38 staff weeks Task 6: Develop and evaluate options for regulatory approaches.

14 staff weeks Page 6 of 37

o URC 02 98-001 Section C Tcok 7: Coordinate activities and prepare 10 staff weeks reports.

Total Estimate: 225 staff weeks C.5 SCOPE OF WORK The contractor shall perform the following tasks:

[ Note:

Byproduct material referred to in this Work Statement refers to material as defined in Section 11.e (1) of the Atomic Energy Act of 1954 and in 10 CFR 30.4.

(1) Collect, evaluate, and eclect data.

(2) Determine the maximum possible doses.

(3) Describe the systems and identify and evaluate barriers to radiation risk.

(4) Develop and apply a radiation risk evaluation system.

(5) Identify and evaluate other risks.

(6) Develop and evaluate options for regulatory approaches.

(7) Coordinate activities and prepare reports.

Task 1:

Collect, evaluate, and select data.

Information and necessary data shall be collected, evaluated, and selected by the contractor for use in subsequent tasks.

This information shall be obtained from multiple sources:

NRC, state and other government agency databases and reports, technical publications, review of current industry practices, NRC staff, and any other source that is deemed to be appropriate.

The contractor shall discuss its proposed strategies for evaluation of the data obtained with the Technical Monitor (TM), and select data and information consistent with the NRC approved strategy and appropriate for the subsequent tasks.

Task 2:

Determine the maximum possible doses.

The contractor shall evaluate the maximum possible doses, assuming no controls and/or barriers (as described in Task 3, below), for the types.and quantities of radionuclides used in each of the byproduct material systems.

As part of this task and subsequent tasks, the contractor shall, as necessary, refine the draft list of nuclear byproduct material systems provided in Attachment A to this SOW.

This task includes, but is not limited to, the development and use of a reference database containing internal and external dose conversion factors for all radionuclides of interest.

Task 3:

Describe the systems and identify and evaluate barriers to radiation risk.

Page 7 of 37

e NRC-02-98-001 Section C The contractor shall describe each nuclear byproduct material system as it typically exists throughout its life cycle.

Slgnificant variations which may affect risk shal] be included.

Each description.shall be sufficiently detailed to' identify all targets for radiation hazards present in the system.

Each description shall also identify current barriers-to radiation-risk *o workers and the public, under both normal and off-normal conditions.

Qualitative, and to the extent possible and reasonable, quantit'ative and probabilistic tools shall be used to evaluate the effectiveness of the current barriers and the risk associated with their failure. Current barriers include, but are not limited toi source form, engineering design, conditions of use, administrative controls, and other regulatory requirements.

Radiation risk includes the probability of failure of the barriers and the-magnitude of the potential dose.

For each system, evaluation of barriers should include consideration of issues such as defense-in-depth; redundancy anf diversity of barriers; potential for failuret and safety precedence sequence (i.e., 1. design for minimum

hazard,
2. incorporate safety-devices, 3.

incorporate safety warnings,-4. establish procedures,

5. conduct training and assure awareness, and 6. notify management of risk and accept-t_he situation without corrective action).

Task-4:

Develop and apply a radiation risk evaluation system.

The contractor shall develop a system to evaluate-the radiation risk of each of the byproduct material systems.

For comparison purposes, each byproduct material system shall also be assigned a rating which is proportional-to its radiation risk.

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Task 5: '

Identify and evaluate other risks.

Based on the descriptione developed in Task 3, and other information as necessary, the contractor shall identify-and evaluate other risks associated with normal and potential off-normal conditions related to each. system.

Examples of other potential _ risks include non-radiological health risks and loss of a system's intended function (e.g., non-destructive evaluation).

Financial risk / cost to licensees and to the j

public as a whole (e.g.,

federal, state and local governments, insurance companies, property holders, etc.) shall be specifically addressed, l

1 Page S of 37

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NRC-02-98-001 Section C Task 6: Develop and evaluate options for regulatory approaches, A multi-dimensional characterization of risk is to be used.

The products which satisfy the project's objectives are expected to take the form of a comparative hazard-barrier-target analysis and a risk graded model, tempered by other factors as appropriate, for regulation of the nuclear byproduct material systems.

Based on the information developed in previous tasks and l

consistent with the Commission's guidance cited in Section C.1, the contractor shall develop, evaluate, and select options for changes in NRC regulation of byproduct material syste.nn that result in a graded approach based on risk.

Where applicable, the graded approach s1all take into consideration the need for adjustments to a_ strictly risk-based approach due to societal and socio-economic factors (e.g., public perception and environmental equity) associated with the nuclear byproduct material systems.

The contractor shall alco evaluate the effectiveness of implementation of the options for changes based on a cost benefit analysis.

Task 7:

Coordinate activities and prepare reports.

The contractor shall submit draft and final technical reports.

The final technical report shall summarize all of the work performed by the contractor including conclusions, and the bases for such conclusions.

The final report shall include the technical analyses performed and specify the references used as the basen for its conclusions.

In addition, the contractor shall be available throughout the period of performance of the contract to provide additional information and clarification to the NRC regarding any aspect of this project.

This may involve additional reports, telephone inquiries, and/or meetings at NRC headquarters extending to the end of the contract period including the period of time following submission and approval of the final report.

C.6 Technical and Letter Reports The technical repcrt shall include a draft and final version as specified in Task 7.

The final technical report shall be submitted in NURCG format, and a camera-ready copy provided.

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The technical report shall be provided in both hard copy and electronic media using NRC-a? proved software.

Upon report completion, the contractor saall provide appropriate copies as shown in Section C.12.

The deliverables listed for the Tasks 2-6 shall be provided via letter report by the' dates specified in Section C.10.

The letter report.and attached de?iverables shall be provided in i

both hard copy and electronic media.

Page E of 37

NRC-02-98 001 Section C C.7 MEUTIN~S AND TRAVEL To accomplish the Tasks listed in Section C.5, the folicwing travel is anticipated:

Initial meeting at NRC Headquarters in Rockville, Maryland within one week following award of the contract to discuss the objectives, scope of the contract, and the data and resources available through the NRC.

The NRC may request additional _ meetings with the contractor either at NRC Headquarters or the contras-*.or facilities.

The NRC expects that the contractor shall be required to travel to NRC Headquarters three times during the period of performance of the contract (2 persons /2 days).

Additional travel may be approved by the TM if it is determined to be necessary to the project.

The TM shall be notified in writing prior to all travel performed under this statement of work.

All associated travel shall result in trip reports which are to be submitted as a part of the next monthly letter status report.

C.8 NRC FURNISHED MATERIAL It is expected that the contractor shall have the hardware and software necessary to manipulate electronic databases and to perform the word processing activities required.

NRC shall provide access to applicable NRC owned data and/or databases, applicable NRC reports, and other applicable NRC information not subject to privacy act, proprietary, or other restriction 9 C.9 SCHEDULE OF DELIVERABLES The contractor shall provide the deliverables, in hard copy form and on electronic media, in accordance with the following schedule:

TASK NO.

DELIVERABLE COMPLETION DATE 2

Letter Report of Results January 12, 1997 3

Letter Report of Results February 2, 1998 4

Letter Report of Proposed Method of Evaluation February 9, 1998 Letter Report of Results March 2, 1998 5

Letter Report of Results April 13, 1998 6

Letter Report of Identification of Options May 15, 1998 7

Draft Technical Report June 1, 1998 Final Technical Report 30 days after comments on draft C.10 TECHNICAL / PROJECT DIRECTION All proposed work scope or schedule changes must be processed through the NMSS Project Officer and approved by the Page 10 of 37

MRC-03-98-001 Section C Contracting Officer.

The NMSS Technical Monitor is renponsible for providing technical guidance to the Project Officer regarding staff interpretations of the technical aspects of i

regulatory requirements along with copies of relevant documents (e.g., Regulatory Guides) when requested by the Project Officer.

All work products murt be reviewed and approved by i

the NMSS Technical Monitor before they are submitted as final documents.

All technical directions given to the Project Officer must be consistent with the work scope and schedule.

The NMSS Project Officer and Technical Monitor are not authorized to make changes to the approved work scope or schedule or give the contractor any direction that would increase costs over approved levels.

l C.11 DISTRIBUTION The following is a summary of the required reporting j

under this project:

MONTHLY DRAFT FINAL LETTER FORMAL FORMAL STATUS LETTER TECH.

TECH.

t DISTRIBUTION REPORTS REPORTS REPORTS REPORTS NMSS PO 1

1 1

1 NMSS TM 1

5 5*

5*

NMSS/PMDA Director 1

1 0

0 NRC Doce"~nt Control 1

0 0

1 Freedom or Info.

0 0

0 1**

and Pub. Services Camera-ready and electronic media

    • Camera-ready (NUREG only)

NOTES:

1. The contractor shall clearly identify, by JCN, all documents transmitted to NRC.
2. Electronic copies of technical analyses and data (e.g.,

database) developed under this project shall be provided to the NMSS PO with the final technical report.

3. Proprietary information shall be properly identified by the

. contractor in accordance with 10 CFR 2.790, " Availability l

Official Records," and shall not be submitted to the NRC Document Room.

Page 11 of 37

NitC-02-98-001 Section C C.12 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 1993)

(a) All domestic travel requires the prior approval of the project officer.

(b) All foreign travel must be aparoved in advance by the i

NRC on NRC Form 445 and must se in compliance with FAR 52.247-63 Preference for U.S.

Flag Air Carriers.

Foreign travel approval must be communicated in writing through the contracting officer.

l 4

Page 12 of 37 L

NRC-02-98-001 Section C I

ATTACHMENT A DRAFT LIST OF NUCLEAR BYPRODUCT MATERIAL SYSTEMS 1.

Laboratory use (unsealed) i 2.

baboratory use (in vitro) 3.

Laboratory use (exempt quantity) 4.

Medical (diagnostic nuclear medicine, with generator) 5.

Medical (diagnostic nuclear medicine, with unit doses only) 6.

Medical (thera eutic nuclear medicine) i 7.

Medical (brach therapy -- implanted seeds and other (brach therapy -- manual afterloading)ing) 8.

Medical (brach therapy'-- LDR remote afterload 9.

Medical

10. Medical (brach therapy -- HDR remote afterloading)

(telet terapy -- single source)plicator)

11. Medical (brach therapy -- Sr 90 eye ap
12. Medical
13. Medical (teletherapy -- gamma stereotactic surgery)
14. Medical (human use research)
15. Nuclear pharmacy f
16. Veterinar use, animal research
17. - Well-logg ng (tracers, field flooding)
18. Well-logg ng (sealed sources)

Radiography (pool) 19.

Irradiators 20.

21. Irradiators (self shielded)
22. Fixed guages, small calibrators (gamma source)
23. Fixed guages, small calibrators (beta source)
24. Portable guages (gamma source)
25. Portable guages (neon source)
26. Measuring systems (XRF)
27. Measuring systems (GC)
28. Measuring systems (other similar)
29. Other small sealed sources (check sources, calibration sources, Mossbauer, static eliminators, exit signs, watches)
30. Other small sources (watches, compasses, spark gaps, electron tubes, gunsights, smoke detectors, explosive detectors, CAMS, CADS)
31. Manufacturers and distributors (sealed sources)
32. Manufacturers and distributors (unsealed sources --

solid form)

33. Manufacturers and distributors (unsealed sources --

liquid form) 134. Manufacturers and distributors (unsealed sources --

gaseous form)

35. Waste disposal (incineration)
36. Waste disposal (compacting)
37. Waste disposal (packaging)
38. Waste disposal (other) h i

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NRC-02-98-001 Section D DECTION D - PACKAGING AND MARKING h

D.1 PACKAGING AND MARKING (MAR 1987)

The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptmnce by common carrier and safe delivery at destination.

Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

Page 14 of 37

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L NRC-02 98-001 Section E

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SECTION E - INSPECTION AND ACCEPTANCE i

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E.1 NOTICE LISTING CONTRACT CLAUSES' INCORPORATED BY REFERENCE.

The~following contract clauses pertinent to this section-are hereb (by citation Number, Title, and i

Date)y incorporated by reference in accordance with the clause-at FAR "52.252-2 CLAUSES i

INCORPORATED BY REFERENCE (JUN 1988)" in Section I of this contract.-

HUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) l I,

52.246-9_

INSPECTION OF P.ESEARCH AND DEVELOPMENT APR 1984 (SHORT FORM)

E.' 2 -. -PLACE OF INSPECTION AND ACCEPTANCE (NAR 1987)

Inspection and acceptance of the deliverable items to be furnished hereunder 1

shall be-made-by the Project Officer at the destination.

s 1

-l 7

i Page,15 of.37 i

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NRC-02-98-001 Section F SECTION F - DELIVERIES'OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereb (by citation Number, Title, and Date)y incorporated by referer.cein accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)" in Section I of this contract.

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.242-15 STOP-WORK ORDER AUG 1989 ALTERNATE I (APR 1984) 52.247-34 F.O.B. DESTINATION MOV 1991 52.247-48 F.O.B. DESTINATION--EVIDENCB OF SHIPMENT JUL 1995 F.2 2052.212-70 PREPARATION OF TECHNICAL REPORTS All technical reports required by section C and all Technical Progress Reports required by Section F 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 Financial Status Report tlat may be included in this contract. (See Section J for List of Attachments).

-F.3 2052.212-71 TECHNICAL PROGRESS REPORT i

The contractor shall provide a monthly Technical Progress Report to the project officer and the contracting officer. The report is due within 15 calendar days after the end of the report period and must identify the title of the project, the ccr, tract number, Financial Identification Number (FIN), project manager and/or principal investigator, the contract period of performance, and the pariod covered by'the report.-Each report must. include the following for each

.diocrete task / task orderr

!(a)lA listing of the efforts completed during the period, and milestones' reached or,;if missed, an explanation provided; m

.(b) Any problems or delays encountered or anticipated and recommendations for

-rocolution. If the recommended resolution-involves a contract modification, c.g.,-change.in work requirements, level of effort (cost) or schedule delay, the contractor shall submit a separate letter 1to-the contracting officer identifying

the required' change-and estimated cost impact.

Page 16 of 37 r

NRC-02-98-001 Section F 1

(c) A summary of progress to date; and (d) Plans for the next reporting period.

F.4 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995)

The contractor shall provide a monthly Financial Status Report to the project officer and the contracting officer.

Also, whenever the report references the i

acquisition 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, Division of Facilities and Property Management, Office of Administration.

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, joa code, project manager and/or principal investigator, the contract period of performance, and the period covered by the report.

Each report must include the following for each discrete task:

(a) Total estimated contract amount.

(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 costa 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.

(h) Contractor Spending Plan (CSP) status:

(1) Pro?ected percentage of completion cumulative through the report period for the pro;ect/tark order as reflected in the current CSP.

-(2) Indicate if there has been a significant change in the original CSP projection in either dollars or ?ercentage of completion. Identify the change, tha reasons for the change, whetaer there is any projected overrun, and when edditional funds would be required. If there have been no changes to the original NRC-approved CSP projections, a written statement to that effect is cufficient in lieu of submitting a detailed response to item h.

(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.

(i) Property status:

(1) List _ property' acquired for the project during the month with an Page 17 of 37 4

NRC-02-98-001 Section F dCQuisition 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 month with an acquisitior. cost of $50,000 or more.

Provide the following information foi each line 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 statement to that effect.

Note: The sa o peripheral equipment which is part of a " system or system unit."

(3) For multi-year projects, in the September monthly financial 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 close-out property report containing the same elements described above for the monthly financial status reports, for all property ?urchased with NRC funds regardless of value unless title has been vested in t1e 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 a part of the report.

(j) Travel status:

List the starting and end dates for each trip, the starting point and destination, and the traveler (s) for each trip.

If the data in this report indicates a need for additional funding beyond that already obligated, this information may only te used as suppcrt to the official request for funding required in accordance with the Limitation of Cost (LOC)

Clause (FAR 52.232-20) or the Limitation of Funda (LOF) C3 case FAR 52.232-22.

F.5 PLACE OF DELIVERY--REPORTS (JUN 1988)

The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

(a) Project Officer (1 copies)

U.S. Nuclear Regulatory Commission NMSS/PMDA/RMB - TBA23 Washington, DC ".0555 (b) Contracting Officer (1 copy)

F.6 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS (DPVs)

The Nuclear Regulation Commission's (NRC) policy is to support the contractor's expression of professional health and safety related concerns e

ascociated with the contractor's work for NRC that (1) may differ from a

. prevailing NRC staff view, (2) disagree with an NRC decision or policy position, Page 18 of 37

NRC-02-98-001 Section F or (3) take issue with proposed or established agency practices.

An occasion may arise when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious expression of a competent judgement is required to document such concerns on matters directly associrted 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 'aerformance of the contract, may be found in Section J of the solicitation.

Tae contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees.

NOTE:

The prime contractor or subcontractor shall submit all DPV's received by need not endorse them.

P.7 DURATION OF CONTRACT PERIOD (MAR 1987)

This contract shall commence on December 31, 1997 and will expire September 30, 1998.

Page 19 of 37

Section G NRC-02-98-001 SECTION G - CONTRACT ADMINISTRATION DATA G.1 2052.215-71 PROJECT OFFICER AUTHORITY (a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:

Name: Donna Umbel Address:

U.S. Nuclear Regulatory Commission NMSS/PMDA/RMB Mail Stop - T8A23 Washington, DC 20555 Telephone Number: 301-415-7819 (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 tasks, 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 dencription.

(3) Review and where required by the contract, approval of technical repo:ts, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.

-(c) Technical direction must be within the general statement of work stated in the contract. The project officer does not have the authority to and may not issue any technical direction which:

(1) Constitutes an assignment of work outside the general scope of the contract.

(2) Constitutes a change as defined in the " Changes" clause of this contract.

(3) In any way cause an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.-

(4) Changes any of the expressed terms, conditions, or specifications of the contract.

Page 20 of 37

NRC-02-98-001

'Section G-

-(5) Terminates-the contract, settles'any claim or dispute arising

'under the~ contract; or issues any unilateral directive whatever.

(d) All' technical directions must be' issued in writing Inr 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.

(f) If,-in the opinion of the contractor, any instruction or Ldirection, issued by the iroject officer is within one of the tragraph Ic) of this section, the categories <as defined s

contractor may not prove 2 but shal. notify the contracting officer in writing within~five (5) wore.ing 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 ot-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.

(g) Any unauthorized' commitment or direction issued by the project of ficer nay result -in an unnecessary delay in the contractor's performance-and may eveu 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 thereto is subject _to 52.233-1-Disputes.

(i) In addition' to providing technical direction as defined in

. paragraph - (b) ~ of the section, the project officer shall:

(1) Monitor the contractor's technical progress, including surveillance and assessment of.performence, and recommend to the contracting officer' changes in requirements.

]

(2) Assist :the contractor in the resolution of -. technical problems encountered-during performance.

(3)fReview-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.

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NRC-02-98-003 Section G G.2 2052.215-82 TRAVEL REIMBURSEMENT-ALTERNATE 1 (a). The contractor is encouraged to use Government contract airlines, AMTRAK rail services, and discount hotel / motel properties Lin order to reduce the cost of travel under this contract. The contracting officer shall, upon request, provide each traveler with a letter of identification waich 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 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 Public Law 100-679, shall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management zuud 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 Princip.es for Educational Institutions.

(c) When the Government changes the Federal Travel Regulations, or other applicable regulations, it is the responsibility of the contractor to notify the cont acting 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.

G.3 2052.216-71 INDIRECT COST RATES (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:

Fringe Benefit 35.00%

Labor Overhead 45.72%

General & Administrative 11,65%

' Facilities Capital Cost of Money Labor Overhead 0.0036%

. General and Administative 0.0022%

(b) The' contracting officer may adjust the above rates as during the term of the centract upon acceptance of any revisions proposed by the contractor. It is the contractor's responsibility Page 22 of 37

NRC-02-98-001 Section G to notify the contracting officer in accordance 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 funding limitatione.

G.4 ELECTRONIC PAYMENT The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds egulatory Commission to Transfer.

It is the policy of the Nuclear n

pay vendors by the Automated Clearing House. (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 "Mandat'ry Information for Electronic Funds Transfer Payment".

To receive payment, the contractor shall complete the " Company Information" portion of the Standard Form 3881, entitled "ACH Vendor / Miscellaneous Payment Enrollment Form" found in Section J.

The contractor shall take the form to the ACH Coordinator at the financial institution that maintains its company's bank account.

The contractor shall discuss with the ACH Coordinator how the payment identification information (addendum record) will be passed to them 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 5.

The ACN Coordinator should fill out the " Financial Institution Information" portion of the form and return it to the Office of the Controller at the following address:

Nuclear Regulatory Commission, Division of Accounting and Finance, Financial Operations Section, Mail Stop T-9-H-4, Washington, DC 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 contracter can provide the financial information, signature of the financial institutions 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."

Page 23 of 37

Section H NRC-02-98-001 SECTION H - SPECIAL-CONTRACT REQUIREMENTS H.1 2052.209-73 CONTRACTOR ORGANIZATIONAL CONPLICTS OF INTEREST (a) Purpose. 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) Scope. The restrictions described apply to performance or70- 2 in

. participation by the contractor,- as defined in 48 CFR 2009.5 the activities covered by this clause.

-- ( c ) Work for others.

(1) Notwithstanding any other provision of this contract, during the term 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 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 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 entity which NRC questions.

(3) When the contractor performs work for the NRC under this centrac* at any.NRC licensee or applicant site,_the contractor shall neither= solicit nor_perfora work in the same or similar technical area for that l':ensee or applicant organization for a period-commencing with the award of the task order or beginning of work on l

-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 Page 24 of 37 m

NRC-02-98-001 Section H at theisiteE (if Lnot a ' task order contract).

'(4)fWhen theicontractor fperforms. work for the NRC:under this contract at any NRC_ licensee lor applicant site, (i)-The contractor may not solicit work at that sito for that licensee.or applicant-during the period of performance 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 1 authorize the contractor to solicit or perform this type of-work (except work in the same or similar' technical area) if the contracting officer determines that the situation will not pose a potential'for technical bias or unfair competitive advantage.

(d) Disclosure after award.

-(l)3 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.

(l2)' The contractor agrees that, i f after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an inmediate and full disclosure in writing to the

= contracting officer. This statement 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 cc cract 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 spectrum of activities.

Consequently, if this is a task-order-type contract, the contractor it will disclose all proposed new work involving NRC-agrees that 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 least 15 days before the proposed

-: award datenin any event, unless a written justification demonstrating. urgency-and-due diligence to discover and disclose is

-provided byzthe contractor and approved by the contracting officer.

The disclosure must include the statement of work, the dollar value ofithe proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny-approval of the disclosed work-only

-when the NRC-has issued a-task 1 order which includes the technical area and, if site-specific, the site, or has plans to issue a task Lorder which includes the technical area and, if site-specific, the Page 25 of 37 l

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NRC-02-90-001 Section H-cite,=oriwhen.the_ work violates paragraphs (c) (2), (c) (3) or.(c) (4I of?this section.

.1

-(e) ' Access to and use* of information.

(1) :If in the: performance of this contract, the= contractor obtains access 1to information,_such~as NRC plans, policies,-reports,-.

studies,- financial-- plans, internal data protected by tie 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 to:

(i). Use this information for any private purpose until -the t

information: has been released to che 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 based on the Linformation 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 heen 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, dar protected by the Privacy Act of 1974 (5 U.S.C. section 552a (19P

,),

or the

-Freedom of Information Act (5 U.S.C.

section 552 (.986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in-accordance with restrictions 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, centractor, and contracting officer, must be appropriately mod. led to preserve the Government's rights.

(g)- Remedies..For breach of any of the above restrictions, or-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 i

" Government may. terminate the_ contract for default, disqualify the contractor-from subsequent contractual efforts, and pursue other i

remedies. permitted.by law or this contract.

i

.Page 26 of 37

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NRC-02-98-001 Section H (h) Wciver. A request for waiver under this clause must be directed in writing to the contracting officer in acccedance with the "rocedures outlined in 48 CFR 2009.570-9.

(i) Follow-on ef f ort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contraut. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or managenant 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 contractor has been substantially involved in the development or marketing of the products or services.

(1) If the contractor, under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eliaible to perform or participate in the initial contractuel 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 directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.

(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial ite.ms to the Government.

H.2 2052.235-70 PUBLICATION OF RESEARCH RESULTS (a) The principal investigator (s)/ contractor shall comply with the provisions of NRC Handbook 3.8 (formerly MC 3202) and NRC Manual Chapter 3206 regarding publication in refereed scientific and engineering journals or dissemination to the public of any information, oral or written, concerning the work performed under this contract. Failure to comply with this clause shall be grounds for termination of this contract.

(b) The principal inveatigator(s)/ contractor may, publish the results of this work in refe.:eed scientific and engineering journals or in open literature and present papers at public or association meetings at interim stages of work, in addition to submitting to NRC the final reports-and other deliverables required under this contract.

However, such publication and papers shall focus on advances in science and te'hnology and minimize conclusions and/or recommendatio** which may_have regulatory implications.

(c) Prior to any such publication, the contractor shall submit the

_ proposed publication to the NRC Contracting Officer and Project Officer for review and approval.

Page 27 of 37

NRC-02-98-001' SectionJH

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H.3 2052.235-72l SAFETY, HEALTHr AND FIRE PROTECTION:

The contractorishallitake all'-reasonable = precautions in the

-performance.of the work ~under-this contract to protect the health.

- and-safety of its employees andtof members of the public, including NIUC employees: and contractor personnel,. and to' minimize' danger from.

all1 hazards 1toilife.and property and shal11 comply with allc applicablejhealth,: safety, and fire protection regulations and requirements. (including reporting requirements) of the Commission and the' Department of. Labor. In the-event'thatLthe' contractor-fails.-

to comply with these' regulations or requirements, the contracting office may, without prejudice to any other legal or contractuali rights of the Commission, issue an order stopping all.or.any part of

- the work; thereafter, 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, this type of work.

stoppage.--

H.4' GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED

-(JUN 1988)

The Government'will not provide any equipment / property under this contract.

HH. S SEAT BELTS Contractors,-_ subcontractors, and grantees, are encouraged to adopt

- and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned venicles.

H.6 ADDITIONAL ORGANIZATIONAL CONFLICT OF INTEREST REQUIREMENTS During the period of performance (12/31/97 - 09/30/98) of this contract. All contractor employees,1 subcontractor employees and consultants-providing-performance on this contract shall refrain-from entering into any agreements that would be in-conflict with NRC's. conflict of interest' policy, as stated in section H.1

. CONTRACTOR: ORGANIZATIONAL CONFLICTS OF INTEREST."

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Page 28 of 37.

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NRC-02.98-001

~

PART II: - CONTRACT-CLAUSES-

-SECTION I:

E CONTRACT CLAUSES

'I.1 NOTICE LISTING' CONTRACT CLAUSES INCORPORATED-BY REFERENCE The following contract-clauses pertinent to this~sectionoare:

hereby incorporated-by reference (by Citation Number, Title, and

Date).inLaccordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)" in Section I of'this contract.

J DATE

-NUMBER TITLE..

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

SEP 1991

'52i202-1 DEFINITIONS APR 1984 J52.203-3 GRATUITIES-52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

-52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995 52.203~-12 LIMITATION ON-PAYMENTS TO INFLUENCE JUN 1997 CERTAIN FEDERAL TRANSACTIONS-52.204 PRINTING / COPYING DOUBLE-SIDED ON MAY 1995 RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST A\\-

i.995 WHEN SUBCONTRACTING WITH CONTRACTOR'S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION AUG 1996

'52.215-8.

ORDER'OF PRECEDENCE--UNIFORM CONTRACT OCT 1997 FORMAT

~52'.216-7

-ALLOWABLE COST AND' PAYMENT MAR 1997 52.216 FIXED-FEE MAR 1997

'52'.219 UTILIZATION OF SMALL, SMALL JUN 1997 DISADVANTAGED BUSINESS AND WOMEN-OWNED SMALL BUSINESS CONCERNS

52'.222-3 CONVICT LABOR AUG 1996 52.222-26:

E40UAL OPPORTUNITY APR 1984 52.222-36:

-AFFIRMATIVE ~ ACTION FOR HANDICAPPED APR 1984

-WORKERS 52'.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED JAN 1988 VETERANS AND-VETERANS OF THE VIETNAM ERA 52.'223-2 CLEAN AIR AND WATER APR119841

52.223 : DRUG-FREE WORKPLACEi JAN:1997 TOXIC CHEMICAL RELEASE REPORTING OCT 1996

<52.223-14 L52.225-11 RESTRICTIONS ON-CERTAIN FOREIGN OCT 1996-PURCHASES l

Page 29'of 37 Y

NRC-02-98-001 Section I

/

_52.227-1 AUTHORIZATION AND CONSENT.

JUL 1995

^

ALTERNATE I (APR 1984) 52'.227-2 NOTICE AND ASSISTANCE CONCERNING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN 1997 CONTRACTOR (SHORT FORM) 52.227-14 RIGHTS IN DATA--GENERAL JUN 1987 52.228 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996 52.232-17 INTEREST JUN 1996 32.232-20 LIMITATION OF COST APR 1984 52.232-23 ASSIGNMENT OF CLAIMS.

JAN 1986 52 232-33 MANDATORY INFORMATION FOR ELECTRONIC AUG 1996 FUNDS TRANSFER PAYMENT 52.233-I 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 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997 52.242-13 BANKRUPTCY JUL 1995 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987 ALTERNATE V (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT AND FEB 1997 LETTER CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.246-23 LIMITATION OF LIABILITY FEB 1997 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997 52.249-6 TERMINATION (COST-REIMBURSEMENT)

SEP ?996 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 I.2 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL)

(CUN 1987)

Except for data contained on pages N/A, it is agreed that as a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the " Rights in Data--General" clause contained in this eintract) in and to the technical data contained in the proposal cated upon which thia contract is based.

I.3 52.232-25 PROMPT PAYMENT (JUN 1997)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause.

Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a) (4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

Page 30 of 37

NRC-02-98-001'Section I (a)LInvoice payments (1) Due;Date. (i) Except'as_ indicated in-

. subparagraph (a) (2), and ' paragraph (c) of this clause, the due date for making = invoice payments by the designated payment office shall be the'later of the following two events:'

(A)-The 30th day after the_ designated billing: office has received a-proper invoice from the-Contractor (except as_provided in subdivision (a) (1) (ii) of this. clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final

-invoice where the payment arount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the-1 effective date of the contract settlement.

(ii) If the designated billing of fice f ails to annotate the invoice with the actual date of receipt at the tim <e of receipt, the invoice payment due date shall be the 30th day after the date of the-Contractor's invoice; provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

-(2) Certain food products and other paymente. (i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils,_and food products r epared from edible fats or oils are--

-(A) For meat or meat food products, as defined in section 2 (a) (3) of ".he Packers and Stockyard Act of 1921 (7 U.S.C.

182 ( 3 ) ),

and as furtt.er defined in Pub. L.98-181, including any edible fresh or frozen porltry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible-to, but not later than, the_7th day after product delivery.

(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U. S. C.

4003(3)),

as close as possible to, but not later than, the 7th day after product delivery.

(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 4 99a (4 ) ), as clcse as passible to, but not later than, the loth day after product delivery, unlesa another date is specified in the contract.

(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilizat. ion ~Act of 1983 (7 U.S.C.

4502 (e)),

edible' fats or oils, and food products prepared from edible fats or oils, as=close as possible to, but not later than, the loth day after the date on which a proper invoice has been received. Liquid 3

certain butter, yogurt, ice mayonnaise, s processed cheese products, milk,1 cheese, 4-dressings, and other similar products, fall

cream, within this classiff

.olon. Nothing in the-Act limits this clessification-to refrigerated products. When questions arise regarding the proper classification of a spcmific product, prevailing-industry practices will be followc ' in specifying a Page-31 of 37

NRCLO2-98-001 Section.I ofaspeckffentduedate.Theburdenof>$roofthataclassification contract:

product is, in fact,. prevai ing industry practice is upon tne contractor _ making the representation.

~

(ii) If the contract does not require: submission of an invoice for-payment (e.g.,-periodic lease payments), the due date will be as specified in the contract.

(3)~ Contractor's invoice. The Contractor shall prepare and a

submit invoices to the designated billing office specified in the contract. A. proper invoice must include the items listed in paragraph (a) (3) (i) through (a) (3) (viii) of this clause. If the invoiceLdoes not comply with tlese requirements, it shall be returned within 7 days after tLe date the designated billing' office received the invoice (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils), with a statement of the reasons why it i-not a proper invoice. Untimely notification will be taken into account in computing any interest penalty owed the Contractor in the manner described in subparagraph (a) (5) of this clause.

(1) ~ Name and address of the Contractor.

(11) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit-of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g.,

shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing' address of person to be notified in the event of a defective invoice.

(viii) Any other information or documentation required by the contract (such as' evidence of shipment).

(ix)' While not required, the Contractor is strongly encouraged to assign an identification number to each invoice.

-(4) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from Page 32 of 37

NRC-02-98-001 Section I

.the Contractor,.if payment is not made by the due date and the conditions listed in paragraphs (a) (4 ) (i) through (a) (4 ) (iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Governmer.t offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty.

(i) A proper invoice was received ~by the. designated billing office.

(ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(5) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S. C.

611) that is in ef fect on the day af ter the due date, except where the interest penalty is prescribed by other governmental authority (e.g.,

tariffs). Thia rate is referred to as the " Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in subparagraph (a) (3) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date.

Adjustments will be made by the designated payment office for errors in calculating interest penalties.

(1) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision..In the event-that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement'does not, however, compel' Page 33 of 37

NRC-02-98-001 section I Government officials to accept supplies or services, perform 8

contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The following periods of time will not be included in the determination of an interest penalty:

(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils).

(B) The period betweea the defects notice and resubmission of the corrected invoice by the Contractor.

(C) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of this contract.

(iii) Interest penalties will not continue to accrue after the filing of a claim for such pena lties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than

$1 need not be paid.

(iv) Interest penalties are not required on payment delays due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.

(6) Prompt payment discounts. An interest penalty also shall be paid automatically by the designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraph (a) (5) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.

(7) Additional interest penalty. (i) a penalty amount, calculated in accordance with paragraph (a) (7) (iii) of this clause, shall be paid in addition to the_ interest penalty amount if the Contractor--

(A) Is owed an interest penalty of $1 or more; (B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a) (7) (ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.

(ii) ( A) Contractors shall support written demands for Page 34 of 37

MRC-02-98-001 Section I e-additional menalty payments with the following data. No additional 8

data shall ae required. Contractors shall--

e-(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late psyment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and (3) State that payment of the principal has been received, including the date of receipt.

(B) Demands must be postmarked on or before the 40th day after payment was made, except that--

(1) If the postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the designated payment office on or before the 40th day after payment was made; or (2) If the postmark is illegible or nonexistent and the designated payment office-fails to make the required annotation, the demand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made.

(iii) ( A) The additional penalty shall be eaual to 100 percent of any original late payment interest penalty, except--

(1) The additional penalty shall not exceed $5,000; (2) The additional penalty shall never be less than $25; and (3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.

(B) If the interest penalty ceases to accrue in accordance with the limits stated in paragraph (a) (5) (iii) of this clause, the amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional penalty specified in paragraph (a) (7) (iii) ( A) of this clause.

(C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each separate payment made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where, payments are consolidated for disbursing purposes, the maximum anc minimum additional penalty determination shall be made separately for each contract therein.

(D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under Page 35 of 37

e NRC-02-98-001 Section I i

o utility contracts subject to tariffs and regulation).

C (b) Contract financing payments-- (1) Due dates for recurring financing payments. If tnis contract provides for contract financing, requests for payment snall be submitted to the r: 11gnated.

billi.;, office as specified in this contract or as directet

)y the contracting Officer. Contract financing payments shall be made on the 30 days day after receipt of a proper contract financing request by the designated billing office. Ia the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by tN due date specified.

(2) Due dates for other contract financing. For advance payments, Icans, or other arrangements that do not involve rectcring submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.

(3) Interest penalty not applicable. Contract financing payments shall not be assessed an interest penalty for payment delays.

(c) Fast payment procedure due dates. If this contract cont e; ins the clause at 52.213-1, Fast Payment Procedure, papents will be made within 15 days after the date of receipt of the invoice.

I.4 52.252-2 CLAUSES INCORPORATED BY 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.

1 Page 36 of 37

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j_NRC 02t984001; Section J-

g o?

PARTiIII J-t. LIST; OF: DOCUMENTS, c EXHIBITS AND: OTHER ATTACHMENTS

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[SECTION;J.--LIST'JF.ATTACNMENTS=

s 01: -

Billing Instructions

- 03/96'

-10 02 NRC Contractor Organizational'

.N/A 09-Conflicts.of Interest l03:

NRC Handbook.3.8-

- 07/95

-35 01 Standard Form 1411-10/95.

03 1

0 5 t--

Payment'Information-Form SF3381-12/90-16'-

-ACH. Vendor Payment System b

l:

6

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