ML20202B702
| ML20202B702 | |
| Person / Time | |
|---|---|
| Issue date: | 11/19/1997 |
| From: | Kalmbach R, Meehan B NRC OFFICE OF ADMINISTRATION (ADM), SOUTHWEST RESEARCH INSTITUTE |
| To: | |
| References | |
| CON-FIN-J-5210, CON-NRC-02-97-009, CON-NRC-2-97-9 NUDOCS 9712030150 | |
| Download: ML20202B702 (19) | |
Text
^(-
_---~
- ~.. - - -. ~..
- ~.
. ~... - -
Oh MS 7X D AMENDMENT OF SO1.ICITATION/ MODIFICATION OF CONTRACT ~
l F FS#5098R004/005 J. AMENDMENT /MODiflCAll0N Wo.
- 3. EHECilVE DATE
- 4. REQUlslil0N/ PURCHASE REQ. No.
- 5. PROJECT NO.
.109 11/7/97 NMS 97 009 10/21, 10/30
- 6. ISSUED BY CODE
- 7. ADMINISTERED BY CODE I (If other than item 6)
- 0. S. Nuclear Regulatory Cornission Divillon of Contracts, M/51-712 Washington, DC 20555
~~e. NAME AND ADDRLSS OF CONTRACTOR (ho. street, county, State and ZIP cCde) 9A. AMEhDMENT OF SOLICliAll0N NO.
Southwest Research Institute 6220 Culebra Road
- 98. DATED (SEE liEM 11)
Post Of fice Drawer 28510 San Antonio, Texas 78228 0510 10A. MODiflCAtlON OF CONTRACT / ORDER NO.
Wesley C, Patrick, President, CNWRA (210) 522 5158 x
NRC 02-97-009 TIN # 74 1070544 108. DATED (SEE ITEM 13)
CODE I F ACIllIY C00f
- 11. THl5 IT:M ONLY APPLIES TO AMENDMENis OF SOLICITATIONS M ~ The above nunt>ered solicitation is amended as set fTth in item 14. The hour and date specified for receipt of Offers Q is estended. O is not extended. Of ferors must acknowledge receipt of this amenonent prior to the hour and date specs fled in the solicitation or e amended y one of the f ollowing methods; (a) By conpleting ltems 8 and 15, and returning copies of the amerenent; (b y acknowl ng receipt of this amensnent on each copy of the Gffer sthmitt or (c) By separate letter or te egram which i Luder a reference to the solicitation and amendment rumbers. F AILUR OF YOUR ACKNOWLEDGMENT TO BE RECElVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIEC MAY RESULT IN REJECil0N Of YOUR OFFER. If by virtue of this amendment you desire to change an of fer already sutnitted such change may be made by telegram or letter, provided each telegram or letter makes reference to the soticitatlon and this amendment, and is received prior to the opening hour and date specified.
- 12. ACCOUNilNG AND APPROPRIAil0N DATA (If required)
B&R 85060817404 JC J5210 $10,000 Ap7 top. No. 31x0200 BOC 252A
- 13. THIS ITEM AP LIES ONLY TO MODIFICAi!ONS OF CONTRACTS / ORDERS, 11 MODIFIES THE CONTRACT / ORDER No. AS DESCRIBED IN ITEM 14 A. THl$ CHANGE ORCER l$ ISSUED PURSUAhl 10: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN INE CONT 2ACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT / ORDER IS N00lflED 10 REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying X
office, appropriation data, etc.) SET FORTH IN ITEM 14, PUR$UANT TO THE AUTHORITY OF FAR 43.103(b).
~
C. IKl$ SUPPLEMENTAL AGREEMENT l$ EN1ERED INTO PUkTUANT TO AUTHORlIY OF;
~
D. OTHER (Specity type of modification and authority)
E. IMPORTANit Contractor O is not, E is required to sign this document and return 2 copies to the JssuingoffIcc.
- 14. DESCRIPTION OF AMELDMENT/MODIFICA110N (Organized by UCF section heading 1s, including solicitation / contract subject matter d ere feasible.)
w C'
See attached, d
/
hlE\\.I\\.IS. !.$!.II n
.) -n:
Except as provided herein, at t ' terms and conditions of the docunent ref erenced in item 9A or 10A, as heretofore
-Jhanged remains uncha3ed and in fut t f orce gi ef fect.
134. NAME ANO fi1LE OF SIGNER (Type or print) 16A. NAME AND TiiLE OF CONTRACilNG OFFICER (Type or print)
R. B. Kalmbach Barbara D. Meehan Director, Contracts 15B A TR
/0FFEROR 15C. DATE SIGNED 1
UNITED STATES OF AMERICA 16C. DATE SIGNED bd 8
11/19/97
,OhbO. ato y
7,Di (Sienature of person w[thorized to sign)
Sh 6ature of Contracting Officer)'
NSN 7540-01-152-8070
- 30-105 STANDARD PORM 30 (REV.10-83)
'P9EV10U5 EDITION UNUSABLE Prescribed by GSA FAR (48 CFR) 53.243 9712030150 971119 g
PDR CONTR l
NRC-02-97-009 -PDR a
t A
Description of Changes locorporated by Modificatie No. 109 to NRC-02-97-009 Page 2 The purpose of this modif: cation is to obligate and authorize funds in the
- amount of $10.000 in lob Code J5210. to authorize funds in the amount of
$25,000 in Job Code J5206, to revise the estimated carryover amounts for botn WSS Job Codes for both the obligated and authorized aaounts. to add new work area entitled " Spent Fuel (CIS)" moving obligated funds from D1035 in the anount of $200.000, to revise clause H.12 to add the word "the" after "related to" in the first sentence, to add new subparagraph (b) to clause H.6. " Security" to add new clause h.28. " Foreign Ownership. Control. or Influence Over Contractpr". to add new attachment 20. "NRC Form 187. Contract Security and/or Classification Requirements", and to revise clauses I.7 and
-1.8 as sh'vn below.
Alsc. it is noted that Modification 108 contair.ed an error in une ceiling anount of the contract stated on page 2 of the description of changes.
The correct ceiling amount is "$87.611.477.00" Accordingly, the following changes a:e made:
Revise Sections B.2.C.b. d. and e to obligate and authorize funds in the amount of $10,000 for JC J5210. to authorize $25,000 for JC J5206. to revise the estimated carryover amounts for both WSS Job Codes fo_r both the obligated and authorized amounts, to move obligated funds in the amount of $200.000 in Job Code 01035 from "High-level Waste" to " Spent Fuel {CIS)", and to authorize funds in the amount of $50,000 for Spent Fuel (CIS), as shown on the attached change pages 5. 6. and 7.
Revise Section H.12 to add the word "the" after "related to" in the first sentence of the first paragraph as shown on attached change page 43.
Revise Section H.6. " Security" to add a new subparagraph "b" and renumber the remaining subparagraphs as shown on attached change pages
- 35. 35a. 36. and 37.
Add new section H 28 entitled. " Foreign Ownership. Control, or Influence Over Contractor" er u.own on attached change pages 46. 46a. and 46b.
4 Add the enclosed new attachment 20. NRC Form 187 as shown on attached new page 64.
i Revise the notes contained in sections 1.7 and 1.8 as shown on the attached change pages 58 and 59.
All other terms and conditions of this contract including the ceiling amount for the second renewal period of $87.611.477 00, remain the same.
I A summary of new obligations for the second renewal period of this contract is given below:
Job Code D1035 (HLW)
Total FY97 obligation amount $445.000 (see Spent Fuel (CIS) below)
Cumulative Total of NRC Obligations for JC 1035 (HLW) 5445,000.
l l
? - _ _ - ____, __ _
j Description _ of Changes Incorarateo Nlt@ '.mm W '99 to NRC-02-97L009-Page 3-
-Job Code D1035 (Spent Fuel'(CIS))
Total FY97 obligation amount $200.000 t
Cumulative Total of NRC Obligations for JC 1035 (SP CIS) $200.000.
Job Code J5206 (Spent Fuel Dry-Transfer)
Total FY97 obligation amount $25,000.
Cumulative Total:vi NRC Obligutions.for-JC J5206 125.0J0.
-Job Code 5210 (Aluminum-Based Spent Fuels)
Total.FY97 obligation amount $10.000.
This modification obligates funds in the amount of $10.000.
l 1
I l'
't NRC 02-97 009 i;iodi fication Ho; 109 Edge D e.
Total amount authorized by Operations / Project Plans was as_follows:
High-level Waste Licensing Support System Job Code: D1035 Job Code:
L1590 Amount:
$ 44.662.918 Amount:
535.900 Research Waste Solidification Systems Job Code: B6666 Job Code:
Ll793 Amount:
$ 15.584.461.47 Amount:
5642.391.87 Job Code:
J5190 Amount:
$39.900 P
Transportation Monitored Retrievable Storage Job Code:
D1070 Job Code:
L2516 Amount:
50-Amount:
$20.459.70 Tank Waste Remediation Safety Review of TMI-2 Job Code: J5164 Job Code:
J5185 i
Amount:
$772.035.00 Amount:
$158.290 Total amount authorized:
5 61.916.356.04 f.
The total award fee available: the award fee earned thus far and the evaluation period applicable thereto were as follows:
Available Award Fee Evaluation Period Award Fee Earned 11 9/27/92-4/9/93
$309.'465
$259,951 12 4/10/93-9/24/93 347.645 316.673 13 9/25/93-9/30/94 709.894 668.010.43 14-10/1/94-9/29/95 817.617 793.088 15 9/30/95-9/27/96 665.948 645.970 16 9/28/96-9/26/97 559.549 Current Data C.
Seotember 27. 1997 - Seotember 27. 2002
_a.
LThe total estimated ceiling amount of this Cost-Plus-Award-Fee type contract.for the above mentioned period is $87.611.477.00.
b.
The amount presently obligated by the Government with respect to this-contract for this period is-5 680.000.00. -In addition.
carryover _ funds in the amount of approximately $3.014.732.49 are available for use in this renewal period as indicated below.
The award -fee pool will be as stated in the AFDP
'The plan will
- reflect the actual award fee pool based on cumulative estimated costs for performance of approved Operations / Project Plans. The applicable base fee percentage is also described in the AFDP.
-~<e--
+
<)
NRC-02-97-009 Modification No 109
?ege o Evaluation of the award fee earned will be accomplished in c.
accordance with the then current AFDP (Attachment 11).
Neither the determination as to the amount of fee available during a given period, the amount of award fee earnej, nor the determination of the criteria under which the subject award fee will be made, shall be subject to F AR Subpart 52.233-1. entitled. " Disputes" d.
Total funds currently obligated by Job Code (JC) are as follows:
High-level Waste Waste Solidification Systems Job Code:
D1035 Job Code:
Ll793 New Funds 5 445.000 New Funds:
Carryover: 51.764.608.31 (est.)
Carryover: 52.700 (est.)
Total:
52.209.608.31 Total:
$2.700 Tank Waste Remediation Waste Solidification Systec.s Job Code:
J5164 Job Code:
J5190 New Funds:
New Funds:
Carryover: 51.200.178.73 (est.)
Carryover: 535.000 (est.)
Total: 51.200.178.73 Total:
535.000 Spent Fuei (TMI-2 Fuel Debris)
Spent Fuel (Dry Transfer)
Job Code: J5186 Job Code:
J5206 New Funds:
New Funds: 525.000 Carryover: 512.245.45 (est.)
Carryover: 50 Total:
$12.245.45 Total:
525.000 A'uminum-Based Spent Fuels Spent Fuel (ClS)
Job Code: J5210 Job Code:
D1035 New Funds:
510.000 New Funds: $200.000 Total:
510.000 Total:
5200.000 Total New Funds Obiigated for 2nd Renewal Period:
5680.000.00 l
NRC-02-97-000 j
"cdificat ion th 109 Page.
Total amount authorized by Operations / Project Plans is as follows:
e.
High-level Waste Waste Solidification Systems Job Code:
01035-Job Code:
J5190 Amount:
51.764.608.31 (est.)
Amount:
535.000 (est.)~
Job Code:
L1793 Amount:
52.700 (est.)
Tank Waste Remediation Spent Fuel (TM1-2 Fuel 1)ebris)
Job Code:
J5164 Job Code: J5186 Amount:
51.200,178.73 (est.)
Amount:
512.245.45 (est.)
Spent Fuel (Dry Transfer)
Spent Fuel (CIS)
Job Code:
J5206 Job Code:
D1035 Amount:
525.000
. mount:
50.000
' Aluminum-Based Spent Fuel Spent Fuel (PFS)
Job Code:
J5210 Job Code:
Amount:
510.000 Amount:
5 Total amount authorized:
53.099.732.49 f.
The total-award fee available. the award fee earned thus far and the evaluation period applicable thereto are as follows:
Evaluation Period Available Award Fee Award Fee Earned 17 18 19 20 21
. Section C - Descriotion/Soecifications/ Work Statemant
- C.1 Statement of Work for Ooeration of the Center for Nuclear Waste Reaulatory Analyses C.l.1 Concent: for CNWRA Su@ ort to NRC C.I.1.1 Nuclear Waste Policy Act of 1982 The Nuclear Waste Policy Act of 1982 as amended (NWPA) sets forth_ tne policy of~the United States with recard to'the management. Storage and disposal of this nation's high-level radioactive waste from commercial and defense activities.
The tNPA charges the Department of Energy (00E) as the lead Federal Agency to manage the siting; construction.
NRC-02-9' 009 Modification No 109 Page 43 H.12 Other Contractso Prior Notification Notwithstanding the provisions.of Clause H.9. the Contractor shall afford NRC 30 days to review any contemplated new non-NRC ccntracts related to the nuclear fuel cycle in order to assure that (a) no conflict of interest exists with NRC's activities under the Nuclear Waste Policy Act and (b) proper balance and adequate resources w'ill continue to be available for the NRC waste management program.
Should NRC object to an anticipated contract, the Contractor is prohibited from entering into the contract.
The Contractor shall make all its contracts available for inspection if requested by NRC for conflict of interest purposes.
H.13 Advocacy The CNWRA snall remain neutral on issues, positions or decisions pertaining to the resolution of high-level waste disposal, except in its relations with NRC.
Furthermore, no funds under this contract shall be used to pay the salary or expenses of any contractor, or agent acting for the Contractor.. to engage in any activity designed to influence any pending legislation or appropriations.
H.14 CNWRA Responsibilit; Recuirements All formal analyses and recommendations produced by the CNWRA must be supported by documented reviews by senior CNWRA staff and management, The CNWRA must also assure that adequate peer review ar.d quality assurance are applied to its products.
In appropriate circumstances.
the CNWRA shall defend such positions in an adjudicatory proceeding.
H.15 Discosal of Assets in the event of dissolution of the CNWRA or termination of the FFRDC.
all property-and assets wholly funded either directly or indirectly by this contract shall be disposed of as the NRC shall direct.
H.16 Ornanizational Const..-int s h any non-FFRDC concern in response to a Federal Agency'peting wits formal Request for Pro The CNWRA is prohibited from com H.16.1 other than the operation of an FFRDC.
This prohibition does not apply to any parent organization or other subsidiary of the parent organization in its non-FFRDC operations.
H.16.2 The Contractor agrees to operate the CNWRA as a not-for-profit organization outside the control of any organization that could give rise-to a conflict of interest.
H.16.3 Limitation of Contractina The Contractor agrees that due to the CNWRA's special relationship with the NRC. the Contractor will not accept any commercial contract for work at the CNWRA. nor will the contractor contract with any other governmental agency for work at the CNWRA without the prior written approval of the CO.
NRC-02-97 009 Modification No.109 Page 35 Failure to comply with this clause'shall be grounds for termination of
.this contract.
H.4 Private Use of Contract Information and Data Except as otherwise specifically authorized by Section H., publication of contract work of this contract, or as otherwise approved by the CO.
information and other data developed or acquired by or furnished the contractor in the performance of this contract, shall be used only in connection with the work under this contract.
H.5 Drawinas. Desians. and Specifications (JAN 1993)
All drawings. sketches. designs. design data, specifications. notebooks.
technical and scientific data, software. and all photographs. negatives, reports, fina1ngs recommendations. Other data and memoranda of every description relating thereto as well as all copies of the foregoing relating to the work or any part thereto. are subject to inspection by the. Commission at all reasonable times.
Inspection of the proper facilities must be afforded the Commission by the Contractor and its subcontractors. These data are the property of the Government ma may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and must, subject to the right of the Contractor to retain a copy of material for its own use, must be delivered to the Government. or otherwise disposed of by the Contractor as the C0 may direct during the progress of the work or upon completion or termination of this contract. The Contractor's right of retention and use is subject to the security, patent, and use of information provisions, if any, of this contract.
H.6 Securitv (JAN 1993)
(a) Security / Classification Requirements Form.
NRC Form 187 furnishes the basis for providing security and classification recuirements to
) rime contractors. subcontractors, or others (e.g. bidcers) who 1 ave or may have an NRC contractual relationship that requires access to classified information or matter, access on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.
(b) The contractor shall have access to confidential National Security Information.
The contractor shall submit through the Deputy
_ Program Manager to the.NRC Division of Security within fif teen (15) a Calendar days following award of Contract, execution of modification, or proposal of new personnel for work to be performed under the contract. a completed Personnel Security Forms packet includin9 a-Questionnalre for Sensitive Positions (SF-86) for all pnesonnel requiring access.
The contractor shall assure that all forms are accurate. complete and legible (except Part 2.
Questionnaire for Sensitive Positions, which is required to be completed in private and submitted by the individual to the contractor in a sealed envelope.)
l 1
w
NRC-02-97-009 Modificalion ho 107 Page 356
. (c)
It is the Contractor's duty to safeguard National Security information. Restricted Data. and Formerly Restricted Data.
The contractor shall. in accordance with the Commissions' security regulations and requirements, be responsible for safeguarding National Security Information, Restricted Data, and Formerly Restricted Data. and for protecting against sabotage. espionage.
loss and theft. the classified documents and material in the contractor's possession in con wction with the performance of work under this contract. Except as otherwise expressly provided-in this contract, the Contractor shall, upon completion or termination of this contract, transmit to the Commission any classified matter in the possession of the Contractor or any person under the Contractor's control in coinection with performance of this If retention by the Contractor of any classified matter contract.
is required after the completion or termination of the contract and the retention is approved by the CO. the Contractor will complete a certificate of p;ssession to be furnished to the Commission The certification specifying the classified matter to be retain?d.
must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention. if known. If the retention is approved by the CO the security provisions of the contract will continue to be applicable to the matter retained.
e
, - + -,
-u
=
m m.
~ _.
4 URC-02-97-009 Mo'J1fication No. 109 Page 36 (d)
In connection with the performance of the work under this contract.
3 the Contractor may be furnished, or_may develop or acquire pro 3rietary deta (trade secrets) or confidentiai or privileged tecinical. business, or financial information, including Commission plans. policies. reports, financial plans. internal data protected by the Privacy Act of 1974 (Pub. L.93-579) or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. The Contractor agrees to hold the information in confidence and not to directly or indirectly duplicate.
disseminate, or disclose the information-in whole or in part to any other person or organization e.xcept as may be necessary to perform the work under this contract and approved by the CO.
The Contractor agrees to return the information to the Commission or otherwise dispose of it at the direction of the CO.
Failure to comply with this clause is grounds for termination of this contract.
'(e) Regulations. The Contractor agrees to conform to all security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Security and the Contracting Officer.
These changes will be under the authority of the changes clause.
(f) Definition of National Security Information.
The term National Security Information. as used in this clause, means information that has been determined pursuant to Executive Order 12356 or any predecessor order to require protection against unauthorized L
disclosure and that is so designated.
1 (g) Definition of Restricted Data. The term Restricted Data, as used in this clause means all data concerning (1) design, manufacture.
or utilization of atomic weapons: (2) the production of special nuclear material: or (3) the use of special nuclear material-in the production of energy, but shall not-include data declassified or removed fr~,'he Restricted Data category pursuant to section 142 of the Atomic Energy Act'of'1954 as amended.
(h)- Definition of Formerly Restricted Data.
The term Formerly Restricted Data, as used in this clause, means all data removed
.irom the Restricted: Data category under Section 142-d. of the Atomic Energy Actiof 1954. as amended i
l'.
\\:
a fSC 02-97-009 Modification No 104
- r. ige 37 (i)- Security Clearance Personnel. The Contractor shall r.ot permit any individual to have attess to Restricted Data. Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energ3 Act of 1954, as amended, and the Commissien's reaulations or requirements applicable to the particular type or category of classified information to which access is required.
The Contractor shall also execute a Standard Form 312. Classified information Nondisclosure Agreement, when access to classified information is required.
(j) Criminal Liabilities.
It is understood that disclosure of National Security Information, Restricted Data. and Formerly Restricted Data, relating to the work or services ordered hereunder to any person not. entitled to receive it. or failure to safeguard any Restricted Data. Formerly Restricted Data, or any other classified matter that may come to the Contractor or any person under the Contractor's control in connection with work under this contract, may subject the Contractor. its agents. employees, or subcontractors to criminal liability under the laws of the United States.
(See the Atomic Energy Act of 1954 as amended. 42 U.S.C.
2011 et seq.: 18 U.S.C. 793 and 794: and Executive Order 12356.)
(k) Subcontracts and Purchase Orders.
Except as otherwise authorized in writing by the CO, the Contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.
(1)
In performing the contract work, the Contractor shall assign classifications to all documents, material, and equipment originated or generated by the contractor in accordance with classification guidance by the Commission.
Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, or equipment shall provide that the subcontractor or supplier shall assign classifications to all such documents, material, and equipment in i
1 accordance with classification guidance furnished by the contractor.
H.7 Site Access Badae Procedures (FEB 1995)
The Contractor shall ensure that all its employees, including any I
l subcontractor employees and any subsequent new employees who are assigned to perform work herein and require site access, are approved by the government for building access.
Within ten working days after award of a contract execution of a modification-of a contract or 3roposal of new personnel for contract tasks requiring site access, t1e firm so notified must furnish properb completed security applications for employees.
Timely receipt of properly completed security applications is a contract requirement.
1 l
NRC-02-97-009 Modification No. 109 Page 46 is considered capital equipment.
Any request to purchase capital equipment shall be identified in the Operations Plan when submitted for apprcval ~or in a separate letter to the NRC Contracting Officer. After approval, any capital equipment purchased will be listed in this clause.
(b) Sensitive Equipment. The purchase of sensitive equipment (any of the property items listed in Attachment Number 17) by the CfMRA with funds provided under this contract (other than overhead. general and administrative expenses, and fee). regardless of dollar value. requires the prior written approval of the NRC CO. Any request to purchase sensitive equipment shall be identified in the Operations Plan when submitted for approval or in a separate letter to the NRC Contracting Officer. After approval. any sensitive equipment purchased will be listed in this clause.
J (c) In the event that during contract performance. the Contractor determines that the acquisition cost for the above item (s) is (are) expected to exceed the amount (s) contained in the CNWRA's Operations Plan or letter requesting nproval to purchase the equipment the contractor shall refer to t1e Limitation of Cost or Funds Clause when either is included in the contract.
-(d) Only the equipment / property listed in this clause in the quantities shown, will be acquired by the contractor. Additional equipment / property as defined in (a) and (b) above may be acquired only after CO approval is authorized by an amendment to this clause.
The equipment / property listed in this clause is subject to the provisior.s of the " Government Property" clause.
H.27 Government Furnished Eouinment/Pronerty (a) The NRC will provide the Contractor with the following items for use under this contract:
Item Tag No.
Quantity Location Router 039994 1
San Antonio. TX Router 057892 1
Rockville. MD Multiplexer 052407 1
San Antonio. TX Power Supply 052408 1
Saa Antonio. TX Power Supply 052409 1
San Antonio. TX Power Supply.
058725 1
Rockville MD (b) Only the equipment / property listed above in the quantities shown will be provided by the Government. This property is subject to theAll provisions of the Government Property clause under this contract, other equipment / property required in performance of the contract shall be furnished by the Contractor.
H.28 Foreion Ownershio. Control. or Influence Over Contractor (a) For purposes of this clause a foreign interest is defined as any of
?-
the i'ollowing:
.c
NRC 02 Y 009 Modificet 'on No 100 Nge C (1) A f oreign governs:nt or f oreign go*erment agency; (2)..y form of business enterprise organized under the laws of any country other than the United States or its possessicns:
(3) Any form of business enterprise organized or incorporated uiider the laws of the U.S.
or a State or other.)urisdiction within the U S..
which is owned, controlled, or influenced by a foreign government agency, firm. corporation or person; or (4) Any L ?rson who is not a U.S. citizen.
(b) foreign ownership. control. or influence (f0Cl) may be present where the degree of ownership. control. or influence over a contractor by a f oreitan interest is such that a reasonable basis exists for concluding that {he compromise or unauthortled disclosure of classified aformaticn may occur.
(c) for purposes of this clause. subcontractor means any subcontractor at any tier and the term " contracting officer" shali mean NRC contracting officer. When this clause is included in a subcontract, the term " contractor" shall mean subcontractor and the term " contract" shall mean subcontract.
(d) 1he contractor shall immediately provide the contrac' ng officer written notice of any changes in the extent and nature of FOCl over the contractor which would affect that answers tot he questions presented in DD form 4415. " Certificate Pertaining to foreign Interest "
further.
notice of changes in ownership or control which are required to be reported to the Securities and Enhange Congnission. the Federal Trade Conunission. or the Department of Justice shal! also be furnished concurrent'iy to the contracting off1cer (e) In those cases where a contractar has changes involving f0Cl. the NRC must determine whether the changes v.111 pose an undue risk to the coninon defense and security.
In making this determination. the contracting of ficer shall consider proposals made by the contractor to avoid or mitigate foreign influences.
(f) 1he contractor agrees to insert terms that conform substantially to the language of this clause including this paragraph (g) in all subcontracts under this contract that will require access to classified information.
Additionally, the contractor shall require such subcontractors to submit completed information required on the DD form 441 prior to award of a subcontract.
Information to be provided by a tubcontractor pursuant to this clause may be submitted directly to the Contracting officer (g) Information submitted by the contractor or '"y affected subcontractor as required pursuant to this cla shall be treated by NRC to the extent permitted by law. as business or financlai information submitted in confidence to be used solely for purposes of evaluating f0C1.
I
fiRC 02-97 009 Modificat ion fJn. ]n9 i
Page 46b l
(h) The requirements of this clause are in addition to the requirement that a contractor obtain and retain the security clearances required by l
the contract.
This clause shall not operate as a limitation on NRC's c
rights, including its rights to terminate this contract, (1) The contracting officer may terminate this contract for default 1
eitter if the contractor fails to meet obligations imposed by this clause, e.g.. provide the inf ormation recaired by this clause. comply with the contracting officer's instructions about safeguarding classified information, or make this clause applicable to subcontractors, or if. in the contracting officer's judgment, the
- contractor. creates a FOCl situation in crder to avoid performance or a termination for default.
The contracting officer may terminate this i
contract for convenience if the contractor becomes subject to FOC1 and l
for reasons other than avo' nce of performance of the contract. cannot or chooses not to, avoid or mitigate the FOCl problem.
L i
i
+
E 9
5 I
1 P
~
m
--r,,
-...-.1-~-,,
.-~~.-m.--
J.,,,.4..~.
_..,_,-4.
.m.,., _,.. -
w.
.i L.
. - e
~m-
!st 0? 4/ 00n 14 A111 cot mn fu. 1(n Pc (j) The Cont racto-agrees, except as m3y be otherwise specified in this contract for specific data items listed as not subject to this paregraph that the Contracting Of f1cer or an authorized representative may. up to inree years af ter acceptance of all items to be delivered under this cont ract. Inspect at the Contractor's f acility any data withheld pursu3nt to paragraph (g)(1) of this clause, for purposes of verif ying the Contractor's assertion pertaining to the limited rights or restricted rights status of the data or for evaluating work performance Where the contractor whose data are to be inspected demonstrates to the Contracting Of ficer that there would be a posuble conflict of interest if the inspection were made by a particular representative, the Contractor shall designate an alternate inspector.
1/ SP 232-20 LIMITATION OF COS1 (APR 1984)
N0ll:
The of teror is hereby advised that the limitailon of Cost Clause will be applied at the operations plan level except for the Spent fuel Project Office NWPA Related Operations nlan which shall apply this clause at the test level.
(a) The parties estimate that performance of this contract. exclusive of dny fee Will not cost the Government more than (1) the estimated cost saecifieu in the Operations Plan (i.e. FIN level), or (2) if this is a cost-saaring contract. the Government's share of the estimated cost specified in the operations llan.
The contractor agrees to use its best efforts to perform the wort specified in the operations llan and all obligations under this contract within the estimated cost, whic1 if this is a cost-sharing contract, includes both the Government's and the contractor's share of the Cost.
(b) The contractor shall notify tne Contracting Of ficer in writing v,henever it has reason to believe that--
(1) The costs the contractor expects to incur under this contract in the next 60 days. when added to all costs previously incurred. will exceed 75 percent of the estimated cost specified in each of the Operations Plans; or (2) The tot 31 cost of the performance of this contract. exclusive of any fee. will be either greater or substantially less than had been previously estimated.
(c) As part of the notification the contractor shall provide the Contracting Of ficer a revised estimate of the total cost of performing this contract.
(d) Dcept as required by other provisions of this contract.
specifically citing and stated to be an exception to ttos clause-(1) The Government is not obligated to reimburse the wntractor for costs incurred in excess of (i) the estimated cost specified in each Operations Plan. or (ii) if this is a cost-sharing contract tho estimated cost to the Government specified in each Operations Plan; and I-___-___________________
I NRC 0?-9b 009
't>dH ication No.109
?
Nge 59 (2) lhe contractor is not eb'uptu in m mue performance under this contract (including actions onder W IctmnA iun clause of this contract) or otherwise incur costs in exceu of the eM1 mated cost specified 7
in each Operations Plan, until the Contracting Officer (1) notifies the contractor in writing that the estimated cost hn been increased and (ii) i f this t
provides a revised estimated total cost of performing this contract, is a cost sharing contract.-the increase shall be allocated in accordance i
1 with the formula specified in each Operations Plan.
l f
(e) No notice communication. or representation in any form other than that specif1?d in subparagraph (d)(2) above, or from any person other than the Contracting Officer, shall affect this contract's estimated cost to the in the absence of the specified notice. the Government is not Government, obligated to reimburse the contractor for any costs in excess of the estimated cost, or if this is-a cost-sharing contract. for any costs in excess of the estimated cost to the Government specified in each Operations l
Plan, whether' those excess costs were incurred during the course of the contract or as a result of termination.
(f) If the estimated cost specified in each Operat1ons Pla,1 is increased, any costs the contractor incurs before the increase that are in excess of the previously estimated cost shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or_other notice directing that the increase is solely to cover termination or-other specified expenses.
i (g) Change orders shall not be considered an authorization to exceed the estimated cost to the Government specified-in_ each Operations Plan, unless i
they contain a statement increasing the estimated cost.
l (h) If this contract is terminated or the estimated cost is not increased, the Government and the contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.
l (End of Clause)
'l.8 62.232-22 t.lMITATION Of FUNDS.
(APR 1934)
NOTE:
lhe of feror is hereby advised that the t.imitaticn of Funds Clause-will be applied at each o>erations plan level exceat for the Spent a
Fuel Project Office NWPA-Related Operations Plan w1ich shall apply l
this clause at the task level.
- (a)_lhe parties estimate that performance of this contract will not cost the Government more than (1) the estimated cost specified in each Operations
. Plan. or_ (2) if this-is a cost-sharing contract, the Government's share of l
the estimated cost specified in the operations plan. The contractor agrees to i
use its best efforts to perform the work specified in each Operations Plan and all obligations under this contract within the estimated cost, which.. if this is a cost-sharing contract._ includes both'the Government's and the contractor's share of the cost.
--.4-..-m.--
.--m--.e-----m%eswa-e-
.4,aw-=
w
+e v-+-e w
.-%,.v w-y.y-e+ -y,-
r a -
-*===-re-w~rr F-
- e e -v ' + '-v r -- rm e * = w w
-mr,ve w-- v % m
,--wwt--
. - _ = _
s 4
j 7
- NRC-02-97-009 i
Modificat ion 109 Page 64 I
i-20 NRC form 187. ' Contract Security and/or i
I C1assification Requirements t
3 i
'l I
t s
h t
i
)
n i
. s I
k l,
i
?
?
~
^
f
)
?
i I
t s
f t
4 f
r h
f g
?
e
- i W
swd-<-
e
_ _ em ee-e e--wre ww.m.,w-ww w,,,, y v - w rw n,.-, ~v vg
.de-> yv ev vw w w-
, wm w -e.FT" W M V
. _ _.. _ =... _. _ -_ -_-_ _ _ _ - _ _ - _
=Rc " +wier v5=anta.. ostAum, cone. u.
Avix=ii v
, m..v
...- m..sv e
o.s n s,c,.., mm.=wa si
.w, w, cuo is
,.va. n w+a ww w a+
Bftre9',
CONTRACT SECURITY AND/OR CLASSIFICATION COMPLETE CLASS 6 TIED ITEMS BY REQUIREMENTS SEPAR ATE CORRESPONDENCE i
A w, m
,w.o.
i m.:., w
.wA~a..m m CCH?le ACTS CW JOB CC(4 FC84 (E4 3 fvPt OF SupMIS&lCW Southwest Research Institute 5 a:Cis m w.w w ~=*.
*"'"**""***)
6220 Culebra Road NPC'-02-97-009 X
A ORn w San Antonio, Texas 78228-0510 o,Wuena C veuC,to a Revsto m.uo,-
$1 ARi DAit C/;WPL tion DA TE 6teggegl 09/27/97 09/27/2002
- 3. FOR FOLLOW 4N CONTRACT, ENTER PRECEDING CONTRAeT NUMBER AND PROJECTED COMPLETION DATE c **M C M D co*"triuN DA n A tr e s eci Am v a uew Aci ecmu n NRC-02-93-005 09/26/97 4 PROJf Ci fin t AND Of H( A f((Nf tf vlNQ INS ORMafiON OPERATION OF THE CENTER FOR NUCLEAR WASTE REGULATORY ANALYSE 5 - ffRDC nae.n u tuRrry ResTRctro oat A
. ec:,o..A C. = t Reou,Re A ACCL&S TO CL AMW E 0 MAf f cR OR CL AW ILD e# 0RMATION ]
4A SFCRET CONFIDl 9dhAL
$CCRef CON W Nhu evn
- u..,,-. C i
.A 1 ACCESS TO FCutEiON PdTELt Of NCf PWCWiMA110N g
2 Rt CfiPT $1CWAGI. 081Obd R SAf(GuaRt2NG CF C4 AssdilD WATT ( 4 (g.e 6 S }
{
3 GENE RAIKW CW CL Abbd q D MAff tSt 4 ACCT $510 Crys'TOGR AfusC MATI RtAL OR OTHE R CI A&Sif E D C(adM C Pd ORMATIO84 X
5 ACCr b& 10 CL AssW E D MAT 11 R 04 CL Ar.sf E.D INFORMATE)N X*
iMSt %f D Bf ANonW R AGE NCY e CtAssn a o usc or AN AtstwAriC OAT A s-ROCcssiNo sysit" X
7 OTHLet riserWA A t$ f AcitITY CLE ARA >K.0 Ri OlmtD?
ytg
,,o c
y ty sct,on D Accis3,s o, u,,, n to,*0ncTro ANo vn At A% As or.A r AR aCwt R at ANTS CLEARANCE REQUIRED FOR SPEClf!C Acce ss is Rt Quat o tO uwt Asu n o sAr iouARas 'd(*= A'm t
D INDIVIDUALS IN THE EVENT THAT E
ACCf 5515 Rf QLiettD TO $1 N5ftN[ ADP SYSTL WS AND DAT A i
-L CLASSlFIED WORK OR REVIEWS y
v
- xccit,*cCa ssiO C anou*Rn usiurma DEVELOP l
1 tor eNoctamics ANo Rtcuvie wodrs ON nROvemo itwower AND r u umom,OR vNt sCcen Acctss. Ma,tR io.neCuo i:
MMGANAlsONIMPf AS A#49 TOV (DST i
,.S l
John J. Linehan i
t Director. Program Management. Policy
- d,-
'*'* Development and Analysis Staff
- *'uwt y 9 etAssaracATeoPOusDANCE 8eAftNE C# CLAbSW f 0 QUIDANCi FE**fW CAttON OF CL ASS # ICAttDN OUiOES e tLAtasFIt0 Rfww or coNTRAC70sunuecentTRACTOR Rf PORT (St AND OTHER DOCRJearwftINILL DE coseDUCTFD St AJTHORJLD CLA&Dif ER P4AhtE. AND TITtt) tyVI! DON OF SECURITY S migueRFC DiSTReuttons or esRC PORW tet (Chad appmsewee tawes))
i X
- aoSoa'a 'c aC' "("**""*
X
""$" o' c '""c'8 **'" **
x omsa c, ucuRrti o ices CoinuCToR > y y
ELCURrTWCLASS# CA1EJN N(OUIRE ME NT& FOR SL4CONTR ACTS RE STATING SROM TMS COPITRACT WILL BE APF'ofCNED BY THE OF FCIAL5 NAMED IN fff M510B A*1010C etscw
.. A.4.om &
THE StCURITUCLA6&sP6t0 REQutREMEht$ AND ATT ACHMENT$ RltiRENCED HF REIN HAVE SLEle APPRQvtQ Rf THE Of fICIALS NAa:ES fes 10A AND 100 BELOW FitdAL CONTRACTING APPitOVAL SY THE D RECTOR. DM&sDas OF CONTRACT 3. OR M SloNEE. tS TO BE WCluDED IN 1BC BELOW hAME (pwe e* Typel, 3 SCNATURT DATE gif g-
/)
l A tus c,vR. u n ct oR tuvssa
/
Carl J. Paperiello, Diret'or b
./ #
/0 /
'7 7 I
Office of Nuch;r Material Safety and Safeguards O DIRT.CTOR LWVt'AON(W blCURflY aymond J. Brady, Director
'j j j h,
/#[f/97 ision of Facilities and fT Security, ADM
- g cu u >.u Co,omACis l
'I b5ry fl. fDCOs OJ11taOting Officer
/
/
4 Division of Cantracts ard Prgerty Myt., NH f(4, v/
//
,9-i w
l f7 j
1, R,.AR.,
l 6) s_
-