ML20212G622
| ML20212G622 | |
| Person / Time | |
|---|---|
| Issue date: | 11/05/1997 |
| From: | Branigan D, Mace M NRC OFFICE OF ADMINISTRATION (ADM), PENNSYLVANIA STATE UNIV., UNIVERSITY PARK, PA |
| To: | |
| References | |
| CON-FIN-W-6855, CON-NRC-04-98-041, CON-NRC-4-98-41 NUDOCS 9711060269 | |
| Download: ML20212G622 (40) | |
Text
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AWARD / CONTRACT l-
! Page 1 of 2 L RATING
- 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 705) 2'7~CnNTRACT NO. 3. EFFECTIVE DATE 4. REQUISITION / PROJECT NO.
NRC-04-98-041 11/03/97 RES-C97-051/RES-C98-002 ,
- 5. ISSUED BY. Code: 6. ADMINISTERED BY Code (If other than Item 5)
U.S.. Nuclear Regulatory Commission Div of Contracts and Property Mgmt Contract Management Branch l' MS T-7-I-2 Washington, D.C. 20555
- 7. NAME AND ADDRESS OF CONTRACTOR 8. DELIVERY The Pennsylvania State University {] FOB ORIGIN Department of Nuclear Engineering (X] OTHER (See below)
University Park, PA ido02
- 9. DISCOUNT FOR PROMPT PAYMENT N/A Principal Investigator / Technical
Contact:
Prof. Lawrence E. Hochreiter
-Telephone No: (814) 865-0044
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6
- 11. SHIP TO/ MARK FOR CODE l12. PAYMENT WILL BE MADE BY CODE ti . S . Nuclear Regulatory Commission Division of Accounting & Finance GOV /COM Accounting Section, M/S T-9-E-2 Washington, D.C. 20555-
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
{ -] 10 U.S.C. 2304 (c) { } () 41 U.S.C. 253(c)[ ]
- 14. ACCOUNTING AND APPROPRIATION DATA B&R No. 86015211005; Job Code W6855; BOC No. 252A; Appn.'No. 31X0200.860; Amount Obligated: $500,000.00 15A. ITEM 15B. SUPPLIES / 15C. QUANTITY 15D. UNIT 15E.: JIT 15F. AMOUNT NO. SERVICES. UCE ,
' yod ,, 9 \
See Schedule 15G, TOTAL AMOUNT OF CONTRACT $2,707,558.00 EXCEPTION TO STANDARD FORM SF26 (REV.4-85) Prescribed by GSA_
FAR(48 CFR)' 53.214 (a) ,
l
- o U
UJL Page 2 of 2 Pages AWARD / CONTRACT 9711060269 971105 PDR CONTR MtC-04-99-041 PDR ,
- 16. TABLE OF CONTENTS X SEC , DESCRIPTION PAGE'S) e PART I - THE SCHE 7.E A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DE'. '.VERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS !
PART IV - REPRESENTATIONS AND INSTRUCTIONS I K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
.7. (X) CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign ;
this document and return three (3) copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified _above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to
-this contract shall be subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications; as are attached or incorporated by reference herein. (Attachments are listed herein.)
- 18. ( ) AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number , including the additions or changes made by
-you which additions or changes are set forth in full-above, is hereby_ accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award / contract. No further contractual document is necessary.
19A. NAME AND TITLE OF SIGNER 20A. NAME OF CONTRACTING OFFICER (Type or print)
Mary H. ace David E. Branigan, Associate Treasurer #! '
,A Il"% 't?&
(Signature of person authorized to sign)
"sYlWI}l"WTbNW (Signatpre f Contra:tiqg Officer)
/ /
19C. DATE SICNED 20C. DATE/
10/30/97 /// C9 '
EXCEPTION TO STANDARD FORM 26 (REV.4-85) / /
s .
TABLE OF CONTENTS PAGE AWARD / CONTRACT 3
PART I - THE SCHEDULE , . . . . . . . . . . . . . . . . . . . .
3 SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS . . . . . . . . .
B.1 PROJECT TITLE , . . . . . . . . . . . . . . . . . . 3 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) . . . . . . . . . 3 B.3 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT , . . 3 (JUN 1988) ALTERNATE I (JUN 1988)
SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT . . . . . . . 4 C.1 Contract Objective . . . . . . . . . . . . . . . . . . 4 C.2 Background . . . . . . . . . . . . . . . . . . . . . . 4 i
i C.3 Scope of Work . . . . . . . . . . . . . . . . . . . . . 5 C.3.1 Facility Requirements . . . . . . . . . . . . . . . 7 C4 NRFAR 2052.215-83 TRAVEL APPROVALS (JAN 1993) . . . . 9 SECTION D - PACKAGING AND MARKING . . . . . . . . . . . . . . . . . 11 D.1 PACKAGING AND MARKING (MAR 1987) . . . . . . . . . . . 11 SECTION E - INSPECTION AND ACCEPTANCE . . . . . , , . . . . . . .. . 12 E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 12 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) . . . . 12 SECTION F - DELIVERIES OR PERFORMANCE . . . . . . . . . . . . . . . 13 F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 13 F.2 SCHEDULE FOR DELIVERABLES . .. . . . . . . . . . . . 13 F.3 NRCAR 2052.212-70 PREPARATION OF TECHNICAL . . . . . . 13 REPORTS (JAN 1993)
F.4 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT . . . . . 14 F.5 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) . . . 14 F.6 PLACE OF DELIVERY--REPORTS (JUN 1988) . . . . . . . . 16 F.7 DURATION OF CONTL.CT PERIOD (MAR 1987) . . . . . . . . 17 F.8 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL . . . 17 VIEWS (DPVs)
SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . 18 G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY . . . . . 18 (JAN 1993)
G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT . . . . . . .- . 20
- ALTERNATE 1 (JAN 1993)
G.3 NRCAR 2052.216-72 INDIRECT COST RATES . . . . . . . . 21
- ALTERNATE 1 (JAN 1993)
SECTION H - SPECIAL CONTRACT REQUIREMENTS . . . . . . . . . . . . . 22 H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL . . . . . 22 CONFLICTS OF INTEREST (JAN 2.993)
H.2 NRCAR 2052.210-71 DRAWINGS, DESIGNS, SPECIFICATIONS, . 26 AND OTHER DATA (JAN 1993)
H.3 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993) . . . . . . 26 i
TABLE OF CONTENTS PAGE
-H4 NRCAR 2052.235-71 PUBLICATION OF RESEARCH , . . . . . . . 27 RESULTS - UNIVERSITIES (JAN.1993)
H.5 NRCAR 2052.235-72 SAFETY, HEALTH, AND FIRE . . . . . . 28 PROTECTION (JAN 1993)
H.6 CONTRACTOR ACQUIRED GOVERNMENT EQUIPMENT / PROPERTY , . .
29 PART II - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . 30
! SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . 30 I.1 '52.252-2 C' AUSES INCORPORATED BY REFERENCE (JUN 1988) 30 l 1.2 52.216-7 ALLOWABLE COST AND PAYMENT (! CUR 1997) . . . . 32 :
I I.3 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) . . 36 l l
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER. ATTACHMENTS . . . 38 SECTION J - LIST OF ATTACHMENTS . . . . . . . . . . . . . . . . . . 38 J.1 ATTACHMENTS (MAR 1987) . . . . . . . . . . . . . . . . 38 ,
ii j . . . . . _ _ _ _ - - -
g ,
i NRC-04r98-041 Section B !
PART I - THE SCHEDULE <
SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS j i
i-a B.1 PROJdCT TITLE The title of this project is as follows:
l Rod Bundle Heat Transfer i
l- (End of Clause) l 4
B.2 BRIEF DESCRIPTION OF WORK (MAR 1907)
, Define the nature & source of limitations in current models used in best-estimate thermal hydraulic codes for reflood- ,
heat transfer; generate fundamental data & information to !'
support development of improved multi-field models that will allow more physical, accurate modeling of low pressure boiling & heat transfer, axial void profile (particularly interfacial area and drag), and reflooding of rod bundles t (particularly precursory cooling above the quench front). l t
(End of Clause)
B.3 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT.
. (JUN 1988) ALTERNATE I (JUN 1988)
! (a) The tctal estimated cost to the Government for full L performance under this contract is-$2,707,558.00.
(b) The amount presently obligated by the Government with respect to this contract is $500,000.00.
(c) It is estimated that the amount currently allotted will cover performance through 08/02/98.
(End of-Clause]
i.
i b' .
j.
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NRC-04-08-041 Section C SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT C.1 Contract Objective Define the nature and source of limitations in current models used in best- estimate thermal hydraulic codes for reflood heat transfer; generate fundamental data and information to support development of improved multi- field models that will allow more physical, accurate modeling of low pressure boiling and heat transfer, axial void profile (particularly interfacial area and drag), and reflooding of rod bundles (particularly precursory l
cooling above the quench front).
l l C.2 Br.ckground In the event of a loss-of-coolant accident (LOCA), emergency core coolant water is fed into the ,essel through the downcomer into the lower plenum and subsequently to the bottom of the core. As primary fluid leaves the break during blowdown the core may become partially or totally uncovered depending on the size of the break.
In the event of a break with sufficient loss of inventory, the coolant may only partially cover the core, with a region above the liquid level cooled by steam boiled from the two phase mixture le'el below. For large breaks or high reflood rates, film boiling ma3 exist above the liquid quench front region. During film bniling or steam or dispersed flow cooling of the core, rod surface temperature will rise until the coolant heat transfer capability matches the decay heat generated within the rods.
Eventually, continued emergency core cooling system (ECCS) injection will decrease rod surface temperature to the point that the fuel elements can quench and the core will reflood.
Fuel rods experience different heat transfer regimes during a LOCA transient and different regimes occur simultaneously in different regions of the core. These regimes include convection tc 1. quid, nucleate boiling, transition boiling, dispersed and annular film boiling, radiation, and steam cooling. The local heat transfer from the rods is influenced by the local flow velocity and heat transfer regime and requires simultaneous prediction of both fluid and heat transfer behavior. The geometry of the rod bundle allows for crossflow between channels and grid spacers can alter both the heat transfer and flow characteristics. Local and global multidimencional effects are important with respect to radiation to unheated guide tubes, chimney induced cross flows, spacer grid induced turbulent mixing and variation in bundle powers and individual rod powers due to normal fuel loading schemes.
The cladding temperature gradients near t he quench front are very high. Above the quench front is a dispersed flew regime which can Page 4 of 38 m ,
- h. N04 ,98-041 Section C C.2 (Continued) lead to significant precursor hea t w. m Irnm the cladding and can limit the peak cladding ter.per.sture -luring reflood. These two effects dominate the rewet process. Whit is more significant depends on the reflood rate.
Modeling of core uncovery a-d rewetting in systems codes has suffered from numerous difficulties: use of modelo correlated to particular data set (s), limitations in range and conditions of applicability, discontinuities in phyoical models, improper modeling of void profile which has often led to introducing compensating errors in heat transfer, unphysical treatment of thermal nonequilibrium conditions, numerical instabilities associated with coarse nodalization of the core region and unstable calculation of flashing and condensation. At low pressure, two-phase systems tend to be unstable because manometric effects, density wave instabilities, chugging, and lastabilities induced by flashing and condensation. Flow and void generation are closely coupled in two-phase natural circulation and because of the large density ratio between the liquid and the vapor, small fluctuation in heat transfer result in significant void and flow oscillations.
Currently, the NRC does not have a rod bundle heat transfer facility as its disposal. This is intended to partially alleviate that deficiency. Improved modeling capabilities resulting from j
this work will be implemented into the consolidated TRAC code that will concurrently be modernized and incorporate modeling features currently found in the RELAPS, TRAC-BWR and RAMONA codes. Future utilization of this code will include audit support for increased power rating, risk-informed regulation, analysis of operating events, simulator benchmarking, and addressing issues that are facing the industry domestically and internationally.
The intention is to build upon past experimental work but to obtain improved test data. Therefore, the work must take account of experimental programs conducted in at least the following facilities:
FRIGG (Sweden)
Thermal Hydraul_ *erimental Facility (INEL)
FLECHT (Westinghouse)
THTH (ORNL)
Lehigh PERICLES (France)
CCTF, SCTF (Japan)
Cc3 Scope of Work Specific r luirements include che following:
Page 5 of 38
'NRG-04-98-041 Secticn C C.3 (Continued)
(1) Prepare a preliminary Phenomena Identitication and Ranking Table (PIRT) focused on the phenomena that govern core uncovery and recovery at low (1 bar to 4 bar) pressure based on expert judgment and experience. To the extent practicable, this should consider BWR conditions as well as PWR The ,
i ranking of phenomena should identify those phenomena that dominate the coupled thermal and hydraulic response and which most contribute to uncertainty in modeling by virtue of l
uncertainty in determining their physical attributes in past l
experimental programs. Deliverable is a documented PIRT.
l (2) Critical review of the existing experimental data base against phenomena and processes identified in the PIRT to determine information needs. Coverage and deficiencies of the current experimental data base should be elucidated.
Deliverable is a literature survey.
(3) Considering the PIRT, available experimental data, and the existing description of the modeling capability of the current codes (e.g TRAC- PF1/ MOD 2, RELAP5/ MOD 3) as described in the codes' models and correlation an3 assessment documentation, define information needed for new code modeling capabilities, validation, and assessment of the code.
(4) Define facility mission on the basis of information needs noted above. Deliverable from 3 and 4 will be the program objective definition.
(5) Identify first-tier scaling decisions (mass and energy) for the experimental-facility.
(6) On the basis of the PIRT, perform second-tier scaling analysis and (preservation of important lo al phenomena).
Deliverable from 5 and 6 is a scaling report.
(7) Identify inrtt_rentation requirements necessary to obtain iaformation on phenomena identified in the PIRT as being most important as well as information on mass and energy balances, with particular emphasis on instrumentation types and placement so the data is most useful for model development and assessment. Instrumentation should be nonperturbational to the extent practicable (e.g. cladding thermocouples must be embedded so as to be flush; surface thermocouples must not be used). Where practical, advanced instrumentation techniques should be used (in conjunction with tried and proven methods) to obtain reliable multi- phase mass flow measurements, vapor superheat, droplet size distribution, void fractions, phasic velocities, and other needed information to improve basic modeling of two-phase-flow and heat transfer processes.
Deliverable is an instrumentation report.
Page 6 of 38 V
1 NRC-04-98-041 Section C C.3 (Continued)
(8) Develop a facility input model banea on conceptual design.
Consider code requirements for experimental data in nodalizing the facility and determining instiumentation locations.
(9) Draft a test matrix. Deliverable is an annotated test matrix with test objectives and ranges of conditions.
Reports from 1 through 9 may be prepared separately initially but will finally be integrated into a single report. At a draft stage, this report will be subject to peer review.
(10) Design the facility.
(11) Construct, perform shakedown testing, and characterize the facility. Heat loss and pressure drop distributions must be quantified. Deliverable from 8 and ' s is a design and characterization report.
(12) Define test specifications (initial and boundary conditions) .
(13) Generate data and qualify them. Deliswrable will be data reports along with data recorded on CDs according to NRC data bank specified format, i.e., Platform-Independent Binary, PIB, file format using XMGR5 plotting and data anaylsis software.
Additionally, a data uncertainty and qualification report will be prepared.
(14) Analyze the data, integrating them with other relevant data sources.
(15) Assess new or modified models as implemented in the code for relevant and required data sources. This work will be coordinated within the TRAC development effort and will be subject to peer review. Deliverable will be model description, analysis and ascessment report.
(16) obtain a final evaluation of the code to predict behavior in the "ull- scale plant. Deliverable will be final model aiption, implementation, and scaling report.
C.3.1 Facility Requirements Basic facility requirements include the following:
The electrical fuel rod simu'.ators must have thermal time constants and physical properties comparrble (e.g. within 20%)
to prototypic fuel rods including the simulation of fuel thermal capacitance, fuel conductivity, gap conductance, cladding conductance and physical properties, and surface heat transfer properties. Should this not be possible in all Page 7 of 38
NEC-04r)B-041 Section C C.3.1 (Continued) cases, a scaling / similitude wd/u seperr.e effects evaluation must be performed to relate the dato o prototypic conditions.
Consideration must be given to the rod-to- rod, axial, and radial power distribution to be employed.
The rod bundle array must be sufficiently large and the flow shroud be of such design as to greatly minimize atypical azimuthal boundary distortions. Particular attention must be paid to the shroud design to minimize induced distortions in flow and heat transfer. The shroud should give the appearance of being an adjacent row (or rows) of fuel rod in terms of its heat flux and thermal capacitance.
Tne rod bundle length must be sufficiently long to be representative of full length scale processes.
Spacer grid design and placement should be of a prototypic design. Upper and lower end fittings should be of a prototypic design. Provision for guide tube and poison rod locations should be of a prototypic design. Rod pitch and diameter should be of a prototypic design.
l The rod bundle should be capable of approximately 6% of full power (heat flux approximately 100 kW/m2). This would allow simulation beginning approximately 20 seconds following scram.
The facility design, instrumentation locations and characteristics, test operating conditions including boundary conditions, and experimental data results, must be documented in electronic form, i.e., commercial CAD / CAM format, for archival purposes sufficient for any subsequent analyais, modeling, and code assessment.
There must be the capability to vary.the inlet and outlet conditions over the range of conditions expected in the prototype. Top down rewetting resulting from deente-i ment in the upper plenum and fall back should be permitted.
The data acquisition systems should have sufficient channels and sufficient recording frequency to measure the phenomena occuring.
The site must have adequate housing for the facility, power supply and support facilities (air, water, and steam, mechanical and electrical shops) and personnel (mechanical and electrical technicians).
A facility model should be developed for the consolidated TRAC code at an early stage in the process. This will be used to help guide the planning of the experimental test section and Page 8 of 38
1 NRC-04-98-041 Section C f n . I C.3.1 (Continued) in understanding the rear 7 : _w .
. armance.
A parametric test matrix shoula u s aut that encompasses at least the foli m um pon.a.re, heat flux, inlet subcooling, mass flux. A tem ce rix on the order of 50 to 100 reportable tests is envisagri. 1 An ideal facility would include the follow:ng attributes l o Full height.
o Pressure to approximately 1 MPa for low pressure reflood and bolloff data. The possibility to extend the pressure capability to approximately 10 MPa should be examined from the perspective of cost and benefit.
o Capability to simulate reflood rates ranging from low (< 1 inch per second) characteristic of degraded low pressure ECC injection to high (approximately 6 inches per second) characteristic ot accumulator injection.
o At least full bundle geometry (i.e. 14 x 14, 15 x 15, 16 x 16 or 17 x 17 type PWR arrays with guide tubes included or 8 x 8 or 9 x 9 type BWR arrays).
o Temperature capability approaching 1200 K, o Ability to obtain overall mass and energy balance, pressure, distributed fluid (vapor and liquid) and structure temperature measurements, measure void fracticn as a function of elevation, vapor temperature, local void fraction, droplet size distribution. s The proposed facility may differ from the example given above.
Differences should be justified based on scaling arguements and cont / benefit determinations. In particular, it may not be possible to obtain : 3 ingle facility that can best accommodate the range of features described above Rather a combination of more the one facility may oe preferable, starting from a simpler f6 ulity that would maximize the use of optical instruments and detailed measurements of the vapor and liquid phases and leading to a larger, higher pressure facility.
[End of Clause)
C.4 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 1993)
Page 9 of 38
NRC-04r98-041 Section C C.4 (Continued)
(a) All domestic *.ravei re::p a.- *n.7 : 4 . 1 .. val of ti.e project officer.
(b) All foreign travel munt. be app .na .it, .dv6nce by the NRC on NRC Form 445 and must be in cea p'12.u.ce wi t.h FAR 52.247-63 Preference for U.S. Flag Air Cirriers. Foreign travel approval must be communicated in writ.it,g through the contracting officer.
[End of Clause)
Page 10 of 38
NRG-04-98-041 Sec'. ion D SECTION D - T%'AMrini7 Ain, n afa VG l D.1 PACKAGING AND MARKING (MAR 1987)
The Contractor shall package ma:.<n ial im m.ipment to the NRC in such a manner that will ensure acceptance 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 chal1 clearly identify the
' contract number under which the product is being provided.
(End of Clausel 1
I
)
Page 11 of 38
- - . - - . . . _ . - - . - . - . . - - . _ . - - ~. - _ _ - - _ - - - . - - - . - - . _ . . _ . _
Section E NRC.-04-98-041 l SECTION E U S W il i;'A 4.41 e W 5 7mWCE E.1 52.252-2 CLAUSES INCORPORATED Sri NPFRwl:9cF iaUN 1988)
This contract incorpor atcm . ,e ci une .v.a.es by reference, with the same force and eftect .. n it they were given in full text.
Upon request, the contracting Of fia:r will nake their full text available.
l I. FEDERAL ACQUISITION RE3ULATION (43 CFR CHAPTER 1) CLAUSES j NUMBER TITLE DATE 1
^;
52.246-9 INSPECTION OF RESEARCH AND APR 1984 DEVELOi-MENT (SHCRT FORM)
(End of Clause) i E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the e destination.
(End of Clause]
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Page 12 of 38
NRC-04-SB-041 Section F SECTION F - DELIVEH11tB UK VEWOMMCE F.1 52.252-2 CLAUSES INCORPORATED BY REFERMNCE (JtTN 1988)
This contract incorporates one or more clauces by reference, with the same force and effect as 11-they were given in full text.
Upon request, the contracting Officer will make their full text 1
available.
1 I. FEDERAL ACQUISli10N REGULATION (4 8 CFR CHAPTER 1) CLAUSES l NUMBER TITLE DATE 4
52.242-15 STOP-WORK ORDER AUS 1989 Alternate I (APR 1984)
(End of Clause)
F 2- SCHEDULE FOR DELIVERABLES All times are from effective date of contract.
Task E'.. 1 Time 1.- 1 month
- 2. 5 months
- 3. 6 months
- 4. 6 months -
5.- 9 months -
- 6. 9 montha
- 7. 9 months-
- 8. 9 months
- 9. 9 months
- 10. 12 months
- 11. -18 ,4, hs
- 12. 18 months
- 13. 42 months
- 14. 42 months
- 15. 48 months
- 16. 48 months
-Fo3 NRCAR 2052.212-70' PREPARATION-OF TECHNICAL-REPORTS-(JAN 1993)
Page 13 of 38
_ . - . . . _ - _ _ - . . . . .-_._.-_ _ _ ._._. . m _ _.. _ _ _ _ _ _ _ .
NRC-04-48-041 Section F F.3 (Continued)
All technical reports team m vi A un M all Technical Progress Reports required by sec t 'm 'e arm te prepared in accordance with the attacheo Managenera 0 ru m 3.8,
" Unclassified Contractor and Grantee Prla mt bna in the NUREG Series." Management Directive 1. a is not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract. (See section J for List of Attachments).
[End of Clauce]
F.4 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT The contractor shall provide a monthly Tecttnical Progress Report to the project officer and the contracting officer. Th report is due within 15 calendar days after the end of the report period and must identify the title of the project, the contract number, job code number, 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 / task order:
(a) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanation provided; (b) Any problems or delays encountered or anticipated and recommendations for resolution. If the recommendedchange in work resolution involves a contract modification, e.g.,
requirements, level of effort (cost) or schedule delay, the contractor shall submit a separate letter to the contracting officer identifying the required change and estimated cost impact.
(c) A summary of progress to date; and (d) Plans for th ..;rt reporting period.
[End of Clause)
F.5 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995)
The contractor shall provide a monthly Financial Status Report Also, to the project officerreference and the contracciag the acquisition officer.
of, or changes in whenever the report 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 20 calandar days after the end of the report period and shall identify the title of the project, the contract number, job code, project manager and/or Page 14 of 38
NRC-04-08-041 Section F F.5 (Continued) principal investigator, the c wtras. .o. a gerformance, and the period covered by the report. E rc e :en t ust include the following for each discrete tasy (a) Total estimated contract amount (b) Total funds obligated to date.
(c) Total costs incurred this reporting period.
1 (d) Total costs incurred to date.
(e) Detail of all direct and indirect costo incurred during the reporting period for the entire contract or each task, if it l
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) Projected percentage of completion cumulative through the report period for the project / task 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 percentage of completion. Identify the change, the reasons for the change, whether there is any projected overrun, and when additional funds would be required.- If there_have been no changes to the origim41 NRC-approved CSP projections, a written statement to that effect is sufficient 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 office; 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 acquisition cost of $500 or more and less than S50,000. Give the i*.em number for the specific piece of equiprent.
(2) List property acquired for the project during the month with an acquisition cost of $50,000 or more. Provide the following information for each item of property: item Page 15 of 38
Section F N,RC - 0 4,- 9 8 - 0 41 F.5 (Continued) description or nomenclature, 1, .c ,.rer, model number, serial number, acquisition cost, and receipt date. If no property was acquired during the v.: h, include a statement to that effect. Not e : Thc same information shall be provided for any component er peripheral equipment which is part of a " system or system unit."
(3) For multi-year projects, in th3 September monthly fiancial status report prov(de a cumulative listing of property with an acquisition cost o t' $50,000 or more
($5,000 or more if purchased prior to October 1, 1995) showing the above information.
(4) In the final monthly status report provide a closeout property report containing the same elements as described above for the monthly financial status reports, for all property purchased with NRC funds regardless of value unless title has been vested in the contractor. 11 no property was acquired under the contract, provide,a statement to that effect. The report should note any property requiring special handling for security, health, safety, or other reasons as part of the report.
(3) Travel status:
List the starting and end dates for each trip, the starting point and destination, a- 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 be used as support to the official request for funding required in accordance with the Limitation of Cost (LOC) Clause (FAR 52.232-
- 20) or the Limitation of Funds (LOF) Clause (FAR 52.232-22).
[End of Clause]
F.6 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 (Orig + 2 copies)
U.S. Nuclear Regulatory Commission Attn: Joseph M. Kelly RES/ DST /RPSB, Mail Stop T-10-E-46 Washington, DC 20555 4
(b) Contracting Officer (1 copy)
Page 16 of 38
-e w. ., ,
p.-. y,- , . + w--,,w -y .-- ,-
NRe-04-98-041 Section F F.6 (Continued)
(End of Cl au.+t !
F.7 DURATION OF CONTRACT PERIOD (MAR 1987)
This contract shall commence on 11/03/97 and will expire 11/02/01.
(End of Clause)
P.8 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 associated with the contractor's worn for NRC that (1) may differ from a prevailing NRC staff view, (2) disagree with an NRC decision or policy position, 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 associated with its performance af 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 ccntractors, contractor personnel or subcontractor persennel on matters directly associated with its performance of the contract, may be found in section J of the solicitation. The 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 tu n, provide a copy of the procedure to its employees. NOTE: The p;ime contractor or subcontractor shall submit all DPV's received by need not endorse them.
(End of Clause)
Page 17 of 38
l NRC-04-98-041 Section G SECTION G - CONTRACT ADMINISTRATION MJiA G.1 NRCAR 2032.215-71 PROJECT OFFICER AUTHORITY (JAN 1993) -
(a) The contracting officer's authorized repte untative hereinafter referred to as the project officer for this contract is:
Name: Joseph M. Kelly Address: U.S. Nuclear Regulatory Commission l RES/ DST /RPSB, Mail Stop T-10-E-46 Washington, DC 20555 :
Telephone Number: (301) 415-6295 (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 description.
(3) Review and, where required by the contract, approval of technical drawings, specifications, and technical information *e 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 causes an increase or decrease in the total Page 18 of 38
Section G NRC-04-PB-041 G.1 (Continued) estimated contract cost, the fixeo se, if any, or the time required for contract perf en vmce.
l (4) Changes any of the expressed terms, conditions, or specifications of the contract.
(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral l directive whatever.
l (d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officer inA writing within ten (10) working days after verbal issuance.
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 f direction issued by the project officer is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advite 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 officer may result in an unnecessary delay in the contracter'a performance and may even result in the contractor expending funds for unallowable costs under the contract.
(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract' action to be taken with respect _there to is subject to FAR 52.233-1 -
-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 performance, and recommend to the contracting officer changes in requirements.
Page 19 of 38
NRC-04.98-041 Section G.
G.1 (Continued) i i
(2) Assist the contractor in the t walut mn of technical problems encountered during perforrance.
(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
(End of Clause) 0.2 NRCAR 2052.215-82 TRAVEL REIhBURSEMENT
- ALTERNATE 1 (JAN 1993)
(a) The cor. tractor is encouraged to use Government contract airlines, AMTRAK rail services, and discount hotel / motel properties in order to reduce the cost of travel under this contract. The contracting officer shall, upon request, provide each traveler with a letter of identificL; ion which is required in order to participate in this program. The Federal Travel Directory (FTD) identifies carriers, contract fares, schedules, payment conditions, and hotel / motel properties which offer their services and rates to Government contractor 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 31.303, as are in effect on the date of the trip.
Travel casts for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, shall be charged in accordance with the contractor's institutional policy to the degree that -.3 limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles ior 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 contracting officer in accordance with the Limitations of Cost clause of this contract if the contractor will be unable to make all of the approved trips and remain within the cost and fee limitations of this contract due to the changes.
Page 20 of 3G
.n., , .-. . . _ . , . . , . -
NR,C- 04 ,9 8 - 0 41 Section G G.2 (Continued) i (End of clause's G.3 NRCAR 2052.216-72 INDIRECT COST RATES
- ALTERNATE 1 (JAN 1993)
The contractor is reimbursed for allowable indirect costs in l accordance with the following predetermined rates:
Fringe Benefits Fixed 07/01/97 -
06/30/98 25.10% - Salaries Fixed 07/01/97 - 06/30/98 8.19% - Wages 12.36% - Graduate Assistants Fixed 07/01/97 - 06/30/98 l
l Indirect Costs Fixed 07/01/97 - 06/30/98 37.06% - On Campus Research Fixed 07/01/97 - 06/30/98 47.29% - Applied Research-Lab
[End of Clause]
Page 21 of 38
NRC-04 ,98-041 Section H SECTION H - SPECIAL CONTRACT REQUIMEMENTS H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993)
(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 ot herwise) which relate to the work under this contract; cnd l
(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 or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.
(c) Work for otherg.
(1) Notwitnatanding any other provision of this contract, during the term of this contract the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of 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 ,-tential 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.
Page 22 of 38
NRC-04 ,98-041 Section H H.1 (Continued)
(3) When the contractor performs worn for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site f (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that site for that licensee or applicant during the period of 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 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
(d) pisclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not hav? any org nizational conflicta of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or propuses to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the governm(:nt, (3) It is recognized that the scope of work of a task-order-type contract lecessarily encompasses a broad Page 23 of 38
NRC-04 ,98-041 Section H H.1 (Coatinued) spectrum of activities. :ensequent!y, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants wrich 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 4
before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the j contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC nas issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs ( c ) ( .S (c) (3) or (c) (4 ) of this section.
(e) Access to and use of information.
(1) If in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial-plans, internal data protected by the Privacy Act of 1974 (5 U.S.C.
Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not
~
to: ,
(i) Use this information for any private purpr ; until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the releasa of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the Page 24 of 38
NRC-04 ,98-041 Section H i H.1 (Continued) public by t he NRC.
(2) In addition, the contracim a p eea t hat , to the extent it
- receives or is given acceau to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 55Aa (1988)), or the Freedom of Information Act (5 U.S.C.
Section 552 (1986)), 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 contracu have been met.
(f) Subcontractg. Except as provided in 48 CFR 2009.570-2, I,
the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms-contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.
- (g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.-
(i) Follow-on effort. The contrector 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 contract.
1 Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical
- consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the 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 Page 25 of 38
Section H NpC-04,-98-041 H.1 (Continued) specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so 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 items to the Government.
[End of Clause]
H.2 NRCAR 2052.210-71 DRAWINGS, DESIGNS, SPECIFICATEONS, AND OTHER DATA (JAN 1993) i All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, 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 during normal working hours. Inspection of the proper facilities must be afforded the Commission by the contractor and its subcontractors. These data are the property of the Government and 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 be contractor to retain a copy of the material for its own use, delivered to the Governmant, or otherwise disposed of by the contractor as the contracting officer 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.
[End of Clause]
H.3 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work hereunder:
L.E. Hochreiter F.B. Cheung T.F. Lin Page 26 of 38
MRp-04 ,98-041 Section H H.3 (Continued)
The contractor agreea uce: p. : + - -
c be removed from the contract work or rep 1 we:i w; . . a _ mtm.iance with paragraphs (b) and (c) M t in 5 t >
(b) If one or more of the key personne\. .a snatever reason, becomes, or is expected to become, unavn.able for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort.to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or r2eded by the contracting officer to evaluate the proposed substitution. The contracting officer or his/her authorized representative shall evaluate the request and promptly notify the contractor of his or her approval or disapproval in writing.
(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjrsted downward to compensate the Government for any resultant delay, loss, or damage.
(End of Clause]
H.4 NRCAR 2052.235-71 PUBLICATION OF RESEARCH RESULTS - UNIVERSITIES (JAN 1993)
(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.
Page 27 of 38
NR,C- 0 4 ,9 8 - 041 Section H H.4 (Continued)
(b) The principal Invest mat:r;cr < _a . 4 .' publish the results of this work ir. rei - t e+m e ~t:.- and engineering journals or in open literature and prt.ew: papers at public or association meetings at interim stagea at work, in addition to submitting to NRC the final reports ana ot ner deliverables required under this contract. However, auch publication and papers shall focus on advances in science and technology and minimize conclusions and/or recommendations which may have regulatory implications.
(c) The principal investigator (s) shall coordinate all such publications with, and transmit a copy of the proposed article or paper to, the NRC Contracting Officer or vroject Officer, prior to publication. The NRC agrees to review and provide comments within thirty (30) days after receipt of a proposed publication. However, in those cases where the information to be published is (1) subject to Commission approval, (2) has l not been ruled upon, or (3) disapproved by the Commission, the NRC reserven the right to disapprove or delay the publication.
Further, if the NRC disagrees with the proposed publication for any reason, it reserves the right to require that any publication not identify the NRC's sponsorship of the work and that any associated publication costs shall be borne by the contractor.
[End of Clause)
H.5 NRCAR 2052.235-72 SAFETY, HEALTH, AND FIRE PROTECTION (JAN 1993)
The contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of its employees and of members of the public, including NRC employees and contractor personnel, and to minimize danger from all hazards to life and property and shall comply with all applicable health, safety, and fire protection regul=*'ans and requirements (including eporting requirements) of the Commission and the Department of Labor. In the event that the contractor fails to comply with these regulations or requirements, the contracting officer may, without prejudice to any other legal or contractual 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.
[End of c'ause)
Page 28 of 38 1
sett.:r -
NRG-04-?B-041 7Ei; - '(
H.6 CONTRACTOR ACQUIREl
- fabricate the The Contractor is autnariz - performance of this equipment / property .:.stej a23cw f- the provisions of contract. The equipment /properti r. 'a the " Government Property" clause Rod Jundle Test Facil ty NRC will have ownership of the Rod Bundle 'iest Facility to gbe developed in t'.is contract in accordance with the foll-provisiot.s:
The Rod dur.dle Test Facility will be t .vely for (i) not be conducting the research program, and .
physically removed from Penn State througnouc the entire duration of the contract.
(ii) Any third parties who wish to use the Test Facility during the duration of the contract will require prior approval from both Penn State and the NRC.
( i ".1 ) At the end of the contract, the NRC may either transfer the ownership of the Test Facility to Penn State, or move the Test F5cility from Penn State to a different organization. In the latter case, the NRC wil'1 reimburse Penn State the amount cf the Institutional oarticipation through equipment parchases totalling $280,000. The NRC shall also be responsible for the costs of relocating the Test Faci]ity, i
{End of Clause)
Page 29 of 38 i
TP . -
NRCr04-98-041- Section I PART II *:TshTRJ C't .'LA O G M SECTION 1 - CONTRAt~r O.MISES I.1 52.252-2 CLAUSES INCORPORATED BY REFEREWCE (JUN 1988)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in tall text.
Upon request, the Contracting Officer will make their full text available.
I. FEDERAL ACQUISITION REGULATION (4 B CFR CHAPTEP 1) CLAUSES NUMBER TITLC LTE 52.202-1 DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEE: APR 1984 52.203-6 RESTRICTIONS 0?' SUBCONTRACTOR JUL 1995-SALES TO THE GOVERNMENT 52.203-10 PRICF. OR FEE ADJUSTMENT FOR JAN 1996 ILLEGAL OR IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYtdENTS TO JUN 1997 INFLUENCE CFRTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTING / COPYING DOUBLE-SIDED JUN 1996 ON RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S JUL 1995 INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUEPENDED, CR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION AUG 1996 Alternate II (JAN 1997) 52.215-22 PRICE REDUCTION FOR DEFECTIVE OCT 1995 COST OR PRICING DATA 52.215-24 SUPTT*'A. TOR COST OR OCT 1995 PRICING DATA 52.215-27 TERMINATION OF DEFINED BENEFIT MAR 1996 PENSION PLANS 52.215 ~' ORDER OF PRECEDENCE JAN 1986 52.215-09 REVERSION OR ADJUSTMENT OF PLANS MAR 1996 FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.216-11 COST CONTRACT - NO FEE APR 1984 52.219-8 UTILIZATION OF SMALL, SMALL JUN 1997 DISADVANTAGED AND WOMEN-OWNEO SMALL BUSINESS CONCERNS Pace 30 of 38
~ ~
a ,
NRC-04-98-041 Section I
( e I.1 (Continued)
TI715 DATE NUMBER 52.219-9 SMALL, bMALL DI SA:WMJ:>.; ^ < AUG 1996 WOMEN-OWNED SMAL1 60S ' E r SUBCONTRACTING PLIP Alternate II (MAR iML
- 52.219-16 LIQUIDATED DAMAGES -SUP 30 kN ' NG OCT 1995 PLAN 52.222-1 NOTICE TO THE GOVERNMEN7 FEB 1997 QF LABOR DISPUTES 52.222-3 LONVICT LABOR AUG 1996 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-28 EQUAL OPPORTUNITY PREAWARD APR 1984 CLEARANCE OF SUBCONTRACTS 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL APR 1984 DISABLED AND VIEThAM ERA VETERANS 52.222-36 AFFIRMATIVE ACTION FOR APR 1984 HANDICAPPED WORKERS j 52.222-37 EMPLOYMENT REPORTS ON SPECIAL JAN 1988 I DISABLED VETERANS AMD VETERANS OF ThE VIETNAM ERA 52.123-2 CLEAN AIR AND WATER APR 1984 52.223-6 DRUG-FREE WORKPLACE JAN 1997 52.225-11 RESTRICTIONS ON CERTAIN OCT 1996 FOREIGN-PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 3995 Alternate I (APR 1984) 52.227-2 NOTICE AND ASSISTANCE REGARDING AUG 1996 PATENT AND COPYRIGHT INFRIUGEMENT 52.227-11 PATENT RIGHTS - RETENTION BY JUN 1997 THE CONTRACTOR (SF%T FORM) 52.227-14 RIGHTS IN DATA - GENERAL JUN 1987
- 52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987 52.228-7 INSURANCE - LIABILITY TO TEIRD MAR 1996 PERSONS 52.230-5 COST ACCOUNTING STANDARDS-- APR 1996 EDUCATIONAL INSTITUTIONS 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT JUN 1997 52.232-33 MANDATORY INFORMATION FOR AUG 1996 ELECTRONIC FUNDS TRANSFER PAYMENT 52.233-1 DISPUTES OCT 1995 o- Alternate I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996 Altern#ue I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995 52.242-13 BANKRUPTCY JUL 1995 Page 31 of 38
l l
NRC-04-98-041 Section I i 4 e
I.1 (Continued)
N UMBER TITLE DATE t
52.243-2 CHANGES - COST-REIMB E EW.7J AUG 1987 Alternate V (APR ?984) 52.244-2 SUBCONTRACTS (COST- RE IMM1R$ EM% : FEB 1997 AND LETTER CONTRACTS) 52.244-5 COMPETITION IN SU3CONTRACTJ NG DEC 1996 52.245-1 Ph0PERTY RECORDS APR 1984 52.245-5 GOVERNMENT PROPERTY JAN 1986 (COST-REIMBURSEMENT, TIME-AND-MATERIAL, OR <
LABOR-HOUR CONTRACTS)
Alternate I (JUL 1985) 52.249-5 TERMINATION FOR CONVENIENCE OF SEP 1996 THE GOVERNMENT (EDUCATIONAL AND OTHER NONPROFIT INSTITUTIONS) 52.253-1 COMPUTER GENERATED FORMS iAN T 1991
[End of Clausel I.2 52.216-7 ALLOWABLE COST AND PAYMENT (MAR 1997)
(a) Invoicina. The Government shall make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Subpart 31.3 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.
(b) Reimbursino costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph Di below, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term " costs" includes only--
(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract; (ii) When the Contractor is not delinquent in paying 3 I
costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, tor--
Page 32 of 38 os
NR,C ,04,98-041 Section 1 4
I.2 (Continued)
(A) Materials issueo i m N ..m t ra c t o r ' s inventory and placed a the productior process 2
for use on the cont ract ,
sS) Direct labor; (C) Direct travel; (D) Other direct in-house costs; and (E) Properly allocable and allowable indirect 1
costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Gevernment contracts; and 4
(iii) The amount of progress and other payments that j have been paid by cash, check, or other form of payment to the Contractor's subcontractors under similar cost standards, (2) Contractor contributions to any pension or other postretirement benefit, profit-sharing or employee stock ownership plan funds that are paid quarterly or more often may be i " ded in indirect costs for payment purposes; Provr au, that the Contractor pays the contribution to the fund within 30 days after the close of the period covered. Payment; made 30 days or more after the close of a period shall not be included until the contractor actually makes the payment. Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for-peyment purposas until the Contractor actually makes the payment.
(3) Notwithstanding the audit and adjustment of invoices or vouchers nJer paragraph hg) below, allowable indirece costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) below.
(4) Any statements in specifications or other documents incorpora'ed in this contract by reference designating performance of services or furnishing of materials at che contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.
(c) small business concerns. A small business concern may be paid more often than every 2' weeks and may invoice and be paid for recorded costs for items or services purchased directly Page 33 of 38
}
NRp-Q4,98-041 Section I I.2 (Continued) for the contract, even thouan ne c: n' cr nas not yet paid for those items or services.
(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.
(2) The Contractor shall, within 90 days after the expiration of each of its fiscal years, or by a later date approved by the Contracting officer, submit to the cognizant Contracting officer responsible for negotiating its final indirect cost rates and, if required by agency procedures, to the cogn zant audit activity proposed final indirect cost rates for that period and supporting cost data specifying the contract and/or subcontract to which the rates apply. The proposed rates shall be based on the Contractor's actual cost experience f
- that period. The appropriate Government representative and Contractor shall establish the final indirect cost rates j as promptly as practical after receipt of the Contractor's proposal.
(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates.
The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallort.. - provided for in this contract. The understanding is incorporated into this contract upon execution.
i (4) Within 120 days after settlement of the final indirect cost rates covering the year in which this contract is physically complete (or longer, if approved in writing by the Contracting of ficer) , the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates.
(5) Failure by the_ parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.
Page 34 of 38
NRG-Q4 ,98-041 Section I I.2 (Continued)
(e) JLi_Llinct rates. Until final annual indum cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates--
(1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.
(f) Ouick-closecut orocedures. Quick-closecut procedures are applicable when the conditions in FAR 42.708(a) are satisfied.
l (g) Audit. At any time or times before final payment, the Contracting Officer may have the contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) adjusted for prior overpayments or underpayments.
(h) Final cavment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d) (4) of this clause, and upon the contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of .he fee (if any) not previously paid.
(2) The Contractor shall pay to the Government Eny refunds, rebates, _ credits, or other amounts (including interest, if any) accruing to or receivel by the Contractor or any assignee under this contract, to the extent that these amounts are properly allocable to costs for which t'ie contractor has been reimbursed by the Government.
Reasonable expenses incurred by the contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver--
(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and Page 35 of 38
NRC-04-98-041 Eaction I e a ,
I.2 (Cuntinued)
(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except--
(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Centractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.
[End of Clause]
I.3 52.222-2 PAYMENT Fel OVEP. TIME PREMIUMS (JUL 1990)
(a) The use of' overtime is authorized under this contract if the overtime premium cost does not exceed $0.00 or the overtime premium is paid for work--
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; (3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or Page 36 of 38
NRG-Q,4398-041- Section I I.3 (Continued)
(4) That will result in lower overal ; oats to the Government.
(b) Any request foi estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--
(1) Identify the work unit; e.g., department or section in l which the requested overtime will be used, together with i present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer te evaluate the necessity for the overtime; (2) Demonstrate the effect that denial of the request will have on the contract deliver; or performance schedule; (3) Identify the extent to which approval of overtime would affect the. performance or payments in connection with other Government contracts, together with identification
~
of each affected contract; and (4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.
[End of Clause}
Page 37 of 38 s t .
Section J NRS-A4 3 98-041 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS J.1 ATTACHMENTS (MAR 1987)
Attachment Number Title 01 Billing Ine*t. 'tions 02 NRC Contractor Organizational Conflicts of Interest 03 NRC Handbook 3.8 04 Standard Form 1411 with Instructions 05 Contractor Spending Plan (CSP)
Instructions i
06 Subcontracting Plan 07 Payment Information Form SF 3381 - ACH Vendor Payment System 08 Procedures for Resolving NRC Contractor Differing Professional Views Page 38 of 38
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