ML20214K223
| ML20214K223 | |
| Person / Time | |
|---|---|
| Issue date: | 03/27/1987 |
| From: | Thompson R NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hall M TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| Shared Package | |
| ML20214K169 | List: |
| References | |
| CON-NRC-35-87-341 NUDOCS 8705280363 | |
| Download: ML20214K223 (7) | |
Text
l UNITED STATES NUCLEAR REGULATORY COMMisslON l
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i WASHINGTON. D.C. 20$$$
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MAR 2 7157 Texas Utilities Electric Company Attn: Mike Hall P.O. Bcx 1002 Glen Rose. TX 76043 l
Dear Mr. Hall:
Subject:
Letter Contract No. NRC-35-87-341 Entitled, "NRC Comanche Peak Office Complex" Pending negotiation of fomel Contract No. NRC-35-87-341 and contingent upon your acceptance of the tenis and conditions of this Letter Contract, your l
organization is authorized and directed to provide the following iterns and t
services in the attached pages.
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Your acceptance of this Letter Contract is requested by your acknowledgment below and return of two copies of this document by close of business April 1 i
(
1987. The third copy is for your rettntion.
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Sincerely.
Thompson, ce tracting Officcr D vision of Contracts-O fice of Administrat on ACCEPTED:
Texas Utilities Electric Company By:
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Title:
dL Ab Am/3 Date
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$341
$m-UD'y l
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s 8.1 Consideration and Obligation a.
The total estimated amount.of this contract (ceiling) for the products / services delivered, and accepted under this contract is
$68,000.00.
b.
The amount presently obligated with respect to this contract is l
$34,000.00 This obligation amount may be unilaterally increased I
from time to time by the Contracting Officer by written modification to this contract. When and if the amount (s) paid and payable to the Contractor hereunder shall equal the obligation amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract. Any work undertaken by the Contractor in excess of the obligation amount specified above is done so at the Contractor's sole risk.
Section C - Description Specifications / Work Statement 1.
TU Electric will lease a portable / modular office building to the Nuclear Regulatory Commission at the site of the Comanche Peak Steam Electric Station (CPSES).
2.
The building will provide approximately 5,040 square-feet of office space
- _...with restroom facilities, based on ~seven 12x60 portable. modules._._
3.
TU Electric will locate the building and finish the interior in accordance with the detailed instructions, to be specified by the Director of the Comanche Peak Project Division (CPPD), Office of Special i
Projects.
l 4.
TU Electric will provide electricity, lighting, heat, air-conditioning, sewerservice(consistentwiththerestroomfacilities),potablewater, housekeeping provisions, parking, and any other accomodations necessary i
to assure habitable working spaces censistent with the floor plan and office arrangements specified by the Director of the Comanche Peak i
ProjectDivision, 5.
The NRC will provide furniture, office equipment, supplies, and any other furnishings necessary to satisfy the missions of the Office.
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Section D - Packaging and Marking - N/A Section E - Inspection and Acceptance E.1 Inspection and acceptance of the deliverable items to be furnished hereunder shall be made at the destination.
Section F - Deliveries and Performance F.1 Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:
Texas Utilities. Electric Company-
- - - - - - - - - - - - - -~
Attn: Mike Hall P.O. Box 1002 Glen Rose. TX 76043 F.2 Duration of Contract Period The period of performance will begin on the date of acceptance of this letter contract by Texas Utilities Electric Company and end on an estimated date of 13 months thereafter, plus a 6 month option period.
F.3 _ Time of Delivery The items / services described in Section C herein shall be completed by May 6
1,1987 at which time the lease shall commence for twelve months with an option for an additional six months.
Section G - Contract Administration Data G.1 Project Officer Authority a.
The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
Name:
Christopher Grimes Address:
U.S. Nuclear Regulatory Commission Office of Special Projects Washington, DC 20555 Telephone Number: 301/492-7747 i
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3 b.
The Project Of ficer is responsible for:
1.
Placing Delivery Orders for items required under this contract.
-t 2.
Monitoring Contractor performance and recommending to the Contracting Officer changes in requirements.
3.
Inspecting and accepting products / services provided under the contract.
4.
Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommendations for &pproval, disapproval, or suspension, The Project Officer is not authorized to make changes to the express c.
terms and conditions of this contract.
G.2 payneent Due Date Payments unoer this contract will be cue 30 calendar days after the a.
later of:
1.
The date of actual receipt of a proper invoice in accordance with the attached "Cilling Instructions," or 2.
The date the supplies / services are accepted by the Governnent.
b.
For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of the'se supplies or performance of the services in accordance with the terms of the contract.
If the supplies / services are rejected for failure to conform to the c.
i technical requirenents of the contract, or for damage in transit or otherwise, the provisions in paragraph b of this clause will apply to the new delivery of replacement supplies or performance of the services.
d.
The date of payment by v.' ire transfer through the Treasury Financial Communications Systems shall be considered the date payment is made for individual payments exceeding $25,000. The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less.
N G.3 Interest on Overdue Payments a.
The Prompt Paynent Act, Public Law 97-177 (96 STAT. 85, 31 USC 1810) is applicable to payment of the expiration invoice under this contract and requires the payment of interest to Contractors on overdue payments of the expiration invoice or improperly taken discounts.
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b.
Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125 Vol. 47 Federal Register 37321. August 25, 1982.
Among other considerations, OMB Circular A-125 provides -that:
1.
Interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the tontract.
2.
Whenever a proper invoice is paid after the due date plus 15 days. interest will be included with the payrent at the interest rate applicable on the payment date.
Interest will be 3
computed from the day after the due date through the payment date.
For purposes of this clause, an expiration invoice is defined as a c.
claim submitted for costs incurred for performance through the expiration date of a Cost Type contract.
Section H - Special Contract Requirements 1.
52.216-23 EXECUTION AND COMMENCEMENT OF WORK-(APR 1984) 5 The Contractor shall indicate acceptance of this letter contract by signing three copies of the contract and returning two copies to the Contracting Officer not later than April 1,1987.
l Upon acceptance by both parties, the Contractor shall proceed with perfornance of the werk, including purchase of necessary materials.
2.
52.216-24 LIMITATION OF GOVERt*ENT LI Af;1LITY (AFP 1984)
In performing this contract, the Contractor is' not authorized to a.
make expenditures or incur obligations exceeding $34,000.00, b.
The maximum amount for which the Government shall be liable if-this contract is terminated is $34,000.00 3.
52.216-25 CONTPACT DEFINITIZATION (APP 1984)
A fixed price requirgments definitive contract is cnntenplated.
a.
The Cuntractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Re date of execution of the letter contract. (2) gulation (FAR) on the all clauses required by law on the date of execution of the definitive contract, and (Si any other mutually agreeable clauses-, terms, and conditions. The Contractor agrees to submit a fixed price proposal and cost or pricing data supporting its proposal.
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b.
The schedult for definiti7ing this contract is:
1.
Date for submission of propnsal: April 8,1987 2.
Date for commencement of negotiations: April 13,1987 3.
Target date for definitization of the contract: April 30,1987 If agreement on a definiti:ed contract to supersede this letter c.
contract is not _ reached by the target date in paragraph.(h) above, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price or fec in accordance with Subpart 15.8 and Part 31 of the FAR, subject to Contractor appeal as provided in. the Disputes Clause.
Jr.'any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Governr.ent liability clause.
1.
After the Contracting Officer's deterr.ination of price or fee, the contract shall be governed bv--
(i) All' clauses required by the FAE cn the date of execution of this letter contract for either fixed-price nr cost-reimbursement contracts, as cetermined by the Contracting Officer under this paragraph (c);
(ii) All clauses required by law as of the date of the Contracting Officer's determination; and (iii) Any other clauses, terms, and conditions mutually agreed upon.
2.
To the extent consistent with subparagraph (c)(1) above, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply to a letter contract.
Section 1 - Contract Clauses T.he Federal Acc,uisition Clauses reflected on Attachment I are incorporated herein by this reference.
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p ATTACPFfNT 1 52.246-4 Inspection of Services - Fixeo Price (Apr 1984) 52.212-13 Stop-Work Order (Apr 1984) 52.203-1 Officials Hot to Benefit (Apr 1984) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.215-1 Examination of Records by Comptroller General (Apr 1984) 52.219 Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (Apr-1984) 52.219-13 Utilization of Women-Owned Small Businesses (Apr 19'84) 52.220-3 Utilization of Labor Surplus Area Concerns (Apr 198f) 52.222-1 Notice to the Government of Labor Disputes (Apr 1984) 52.222-3 Convict Labor (Apr 19E4) 52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation--General (Apr-1984) 52.222-26 Equal Opportunity (Apr 1984) 52.222-35 Affinnative Action for Special Disables and Vietnam Era Veterans (Apr 1984) 52.222-36 Affirmative Action for Handicapped Workers (Apr 1984) 52.227-1 Authorization and Consent (Apr 1984) 52.229-3 Federal, State [and' Local Taxes (Apr 19P4) 52.232-8 Discounts for Prompt Paynent (Apr 1984) 52.232-11 Extras (Apr 1984)
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52.232-17 Interest (Apr 1984) 52.232-23 Assignment of Claims (Apr 1984) 52.233-1 Disputes (Apr 1984).
i 52.243-1 Changes--Fixed Price (Apr 1984)--Alterr. ate %C(Apr 198/.)
52.244-1 Subcontracts under Fixed-Frice Contracts (Apr 1984) 52.244-5 Competition in Subcontracting (Apr 1984) 52.249-2 Tennination for Convenience of the Government (Fixed-Price)
(Apr 1984) 52.249-8 Default (FixedePrice Supply and Service) (Apr 1984)
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