ML20217E453
| ML20217E453 | |
| Person / Time | |
|---|---|
| Issue date: | 03/19/1998 |
| From: | Kalmbach R, Mace M NRC OFFICE OF ADMINISTRATION (ADM), SOUTHWEST RESEARCH INSTITUTE |
| To: | |
| References | |
| CON-FIN-J-5220, CON-NRC-02-98-002, CON-NRC-2-98-2 NUDOCS 9803310046 | |
| Download: ML20217E453 (41) | |
Text
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! s AoMINISTEREo BY pf.m. m., h.m si COof L._____.._.
U.S. Nuclear Regulatory CoRenission Division of Contracts and Property Mgt.
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! Washington DC 20555 l t4 ACCOliNTING ANo APPROPfuATION OAT A 13 OUTHORITV FOR uSING OfMLR THAN FULL AND OP(N COMPETaiON lAPPN: 31X0200 B&R: 85015123020
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The NRC hereby accepts the Southwest Research Institute's technical proposal dtd 1/22/98 as revised on 2/16/98, which areherebyincorporatedbyreferenCeandmadeapartofthisl CPFF Contract, to perform work described in Section C i
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TABLE OF CONTENTS PAGE 1
PART I - THE SCHEDULE.
SECTION A - SOLICITATION / CONTRACT FORM 1
SF.26 AWARD / CONTRACT Page 1 of Pages 1
SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS 4
4 B.1 PROJECT TITLE
.B.2 BRIEF DESCRIPTION OF WORK (MAR 1987).
4
' ALTERNATE 1 (JUN 1988)
D.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989).
4 SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK.
6 6
C.1 STATEMENT OF WORK.
11 SECTION D - PACKAGING.AND MARKING.
D.1 PACKAGING AND. MARKING (WUI 1987).
11 SECTION'E.- INSPECTION AND ACCEPTANCE.
12 E.1
. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 12 E.2 PLACE OF INSPECTION AND ACCEPTANCE (FUM1 1987) 12 13 SECTION F - DELIVERIES OR PERFORMANCE.
F.1 2052.212-70 PREPARATION OF TECHNICAL REPORTS 13 F.2 2052.212-71 TECHNICAL PROGRESS REPORT.
13 F.3 NRCAR 2052.212-73 FINANCIAL STATUS REPORT (DEC 1995) 14 F.4 PLACE OF DELIVERY--REPORTS (JUN 1988) 16 F.5 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS 16 (DPVs)
F.6 DURATION OF CONTRACT PERIOD (MAR 1987).
17 ALTERNATE 4 (JUN 1988) 18
- SECTION G - CONTRACT ADMINISTRATION DATA.
G.1 2052.215-71 PROJECT OFFICER AUTHORITY.
18 G.2 2052.215-82 TRAVEL REIMBURSEMENT-ALTERNATE 1 20 G.3 2052.215-83 TRAVEL APPROVALS 20 G.4 2052.216-71 INDIRECT COST RATES.
21 G.5 2052.216-74 TASK ORDER PROCEDURES.
21 G.6 2052.216-75 ACCELERATED TASK ORDER PROCEDURES.
22 G.7 ELECTRONIC PAYMENT.
23 SECTION H - SPECIAL CONTRACT REQUIREMENTS.
25 H.1' 2052.215-70 KEY PERSONNEL.
25 l
H.2 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS.
26 OF INTEREST l
H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED 29 (JUN 1988) 29
)
'H.4 LICENSE FEE RECOVERY COSTS (APR 1992) 29 H.5 SEAT BELTS..
30 PART II
- CONTRACT CLAUSES.
30 CONTRACT CLAUSES SECTION I-I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 30 I.2 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA.
31 l
V L"
l L
TABLE OF CONTENTS PAGE OR INFORMATION OTHER THAN COST OR PRICING DATA--
MODIFICATIONS (OCT 1997)
I.3 52.216-18 ORDERING (OCT 1995) 33 1.4 52.216-19 ORDER LIMITATIONS (OCT 1995).
33 I.5 52.216-22 INDEFINITE QUANTITY-(OCT 1995).
34 I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT.
34 (MAR 1989)
I.7 52.232-25 PROMPT PAYMENT (JUN 1997) 35 I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 41 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 42 42 SECTION J - LIST OF ATTACHMENTS.
(
I
Section B
'NRC-02-98-002 PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS D.1 PROJECT TITLE The title of this project is as follows:
Technical Assistance for Reviewing Fee-Recoverable Uranium Recovery Licensing Caseload and Development of Non Fee-Recoverable Program Guidance Documents B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
ALTERNATE 1 (JUN 1988)
(a) Brief description of work:
The contractor shall precide the special technical expertise to assist the NRC is performing technical and regulatory reviews.
(b) Ordere will be issued for work required by the NRC in 52.216 Ordering.
Only Contracting Officers of accordance with the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this c'ontract.
The provisions of this contract shall govern all orders issued hereunder.
B.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989)
ALTERNATE 1 (JUN 1991)
(a) The Maximum Ordering Limitation (MOL) for products and services ordered, delivered, and accepted under this contract is
$533,044.
The Contracting Officer may place orders with the contractor during the contract period provided the aggregate amount of such orders does not exceed the MOL.
(b) The guaranteed minimum obligated by the Government under this contract is $252,500.
(c) A total estimated cost as well as any fee, if any, will be negotiated for each task order and will be incorporated as a ceiling in the resultant task order.
The Contractor shall comply with the provisions of 52.232 Limitation of Cost for fully funded task orders and 52.232 Limitation of Funds for incrementally funded task orders, issued hereunder.
(d)
Should the NRC exercise the option period, the Maximum Ordering Limitation (MOL) for products and services ordered, delivered, and Page 4 of 42
NRC-02-98-002 for the option period is $638,932 accepted under this contract The guaranteed minimum obligated by the Government under the (e) for the option period is $300,000.
contract e
Page 5 of 42
Section C NRC-02-98-002 SECTION C - DESCRIPTION / SPECIFICATIONS / STATEM C.1 STATEMENT OF WORK
1.0 Background
(NRC) has the authority to The Nuclear Regulatory Commission establish and enforce regulations for the issuance of licenses transfer, or deliver source and to receive, possess, use,This authority is based on the Atomic byproduct materials. as amended by the Uranium Mill Tailings Energy Act of 1954, Radiation Control Act of 1978.
(NMSS)
NRC's Office of Nuclear Materials Safety and Safeguards is mandated for ensuring public health and safety and in the protecting the national security and environmentlicensing and transport, and and materials associated with processing,l of nuclear waste.
handling of nuclear materials and disposa This mandate encompasses source and byproduct materials from (uranium recovery) facilities.
uranium and thorium milling (DWM) staff has the lead The NRC Division of Waste-Managementissuing and amending uranium responsibility for reviewing, recovery source and byproduct material lic DWM proposes to utilize the CNWRA's special competency skil in geotechnical engineering, logy,is to develop rulemaking erosion protection physics, surface water hydro and regulatory analysto reduce the casework backlog for seismology, documentation, reclamation and ground-water issues, to participate in associated inspections of Title II facilities, and provide-technical i
assistance in the finalization of the Title II Standard Rev ew Plan.
2.0 Objective The DWM staff requires the special technical expertise of the CNWRA to assist NRC staff by performing technical and regulatory reviews within the current Uranium Recovery Program guidelines. The objective will be accomplished through multiple tasks described in detail on each individual task order Specific review objectives fee-recoverable work categories.shall be detailed under separate tas is assigned.
Technical and Other Special Qualifications Required 3.0 CNWRA shall provide the appropriate number of qualified staff t
Page 6 of 42
Section C NRC-02-98-002 to each task encompassing the required disciplines to performTechnical discip the above described objective.
hydrogeology, geochemistry, include geotechnical engineering, erosion protection, and health physics surface water hydrology, Skills in regulatory analysis is required to seismology.
The CNWRA Project Manager shall be assist NRC in rulemaking.
experienced in managing regulatory review projects including and may not be changed publication of guidance documents, It during the project without prior written approval by NRC.is ex limited in the conduct of this work.
4.0 Work Required The uranium recovery casework encompasses specific tasks for fee-recoverable and non fee-recoverable work categories.
General descriptions of the type of work for each category are summarized below.
FEE-RECOVERABLE WORK These tasks pertain to specific licenses for uranium mills and is in situ leach facilities where the cost of expended effort NRC fully recovered by fees charged to the licensee.
anticipates the need for initial consultation with CNWRA to focus review efforts on the anticipated fee-recoverable subtasks.
Alternate Concentration Limit (ACL) Application Reviews a.
10 CFR 40, Appendix A, Criterion 5 (B) 6 provides a mechanism for setting a health-based ground-waterfor uranium mill tailing compliance limitUranium mill tailings licensees must meet standards for both radiological and non-radiological license.
NRC staff has constituents contained in the tailings.for implementing ACL reviews developed a guidance documentThe guidance encompasses the under Criterion 5(B)6.
format and content of ACL applications and a standard review plan for reviewing and approving submitted applications. ACL reviews shall be performed in accordance with existing guidance. Technical disciplines necessaryand for an ACL review include hydrogeology, geochemistry, (TER)
A brief technical evaluation report health physics.
if needed, are required and an Environmental Assessment, to support the licensing decision.
b.
Reclamation Plan Reviews The objective is to confirm that the proposed reclamation plan shall be in compliance with the applicable 40.
The review requirements of Appendix A of 10 CFR Part
- sites, Major may also include review of soil cleanup at
- 1) an acceptance I
steps in the review shall include: requests for additional information; and 3) review; 2)
Page 7 of 42
Section C NRC-02-98-002 preparation of a safety evaluation report and input to Environmental Assessment report, as needed.
Technical disciplines necessary for a reclamation plan review include geotechnical engineering, hydrogeology, surface water hydrology, erosion protection, geochemistry, seismology, and' health physics.
c.
Inspection Support CNWRA shall provide technical support on approximately five inspections lead by NRC personnel.
Work under this task order shall include: 1) preparation of an inspection plan with reference to appropriate procedures; 2) evaluation of annual licensee reports to focus areas of inspection; 3) actual inspection support including travel time; and 4) input to the final inspection report for areas covered.
Technical disciplines necessary for inspections include geotechnical engineering, surface water hydrology, erosion protection, and health physics.
d.
Amendments Sometime after a Title II license (for conventional mills or insitu sites) is awarded by the NRC, it is not unusual for a licensee to request changes and amendments to their license.
The contractor may be requested to perform amendment request reviews.
These reviews wil2 require the generation of Requests for Additional Information, meetings with NRC staff and the licensee, and the generation of a Technical Evaluation Report and Environmental Statement report, if needed.
NON FEE-RECOVERABLE WORK e.
Part 41 Rulemaking The general objective of this task is to provide a broad spectrum of analytical and technical assistance and support to the NRC during the rulemaking process and development of the new Part 41.
The specific objectives would include the development of, or contribution to the development of, several of the documents required for NRC's rulemaking process. If resources would permit, the contractor would also be called upon to prepare, or help in the preparation of, the Environmental Assessment (EA) and or the Environmental Impact Assessment (EIS) as appropriate, the Regulatory Analysis including the Small Business Regulatory Enforcement Fairness Act Analysis, the Paperwork Reduction Package for the Office of Management and Budget (OMB) review, the Environmental Justice Package, the Regulatory Flex Analysis, and other rulemaking documents as needed by NRC.
The CNWRA would also develop or participate in developing the Analysis of Public/ Agreement State Comments in response to the issuance of the Advance Notice of Proposed Rulemaking (ANPR), or the proposed rule.
Page 8 of 42
Section C NRC-02-98-002 f.
Title II Standard Review Plan A final working draft of the Standard Review Plan (SRP),
staff guidance for reviewing license applications, reclamation plans, and amendments to existing licenses for Title II sites, is being prepared and will be published for public comments.
In FY.1997, ~ CNWRA assisted the. staff in preparation of Chapters 2, 4,
5, and other draft chapters were prepared b the staff.
The public comments.
on the SRP are expected the end of June 1998.
CNWRA g
may-be requested to compi e and address the public comments and prepare the final SRP in a format ready for publication as a NUREG.
g.
Seismic Re-evaluation The staff initiated a study by Lawrence Livermore National Laboratory (LLNL) on seismic hazard at Title II sites, and the study recommended maximum credible earthquake (MCE) for each site.
Some of the previously licensed sites were re-evaluated for seismic stability using LLNL recommended seismic events and were found to be unstable.
These need a detailed study and the licensee may be requested to i
address this issue.
The Center may be' required to assist the staff in reviewing the licensee's response on the magnitude of the MCE for the site and seismic stability of the sites.
7.0 Meetings and Travel For most of these tasks NRC records, which cannot be readily provided, may have to be researched.
Therefore, some trips to search the NRC records may be necessary.
Furthermore, for fee recovery work, it is anticipated that
- a. reasonable portion of the review will be conducted at u
NRC headquarters by CNWRA staff and that CNWRA staff may also have to be present at some meetings with the applicant.
A detailed description of meetings and travel will be described in each individual task order.
- However, for estimation purposes, the contractor shall estimate 15 3-day trips for 1 person primarily in the Western United
- States, e.g., Utah, Wyoming, and New Mexico; and 7 7-day trips for 1 person to NRC Headquarters, Washington, DC.
In addition, progress meetings will be held by telephone approximately once a calendar quarter over the duration of the task order.
8.0 NRC Furnished Material NRC will provide the following to CNWRA, as appropriate:
Copies of NRC regulations, staff guidance documents, source materials licenses, license applications, license amendment requests, and all supporting documentation Page 9 of 42
NRC-02-98-002 Section C provided by the licensee / applicant.
A detailed list of materials is contained in Appendix A.
9.0 CNWRA Acquired Material No materials other than publications and reports are expected to be acquired under this contract.
10.0 Schedule The schedule for each task and the various subtasks will be outlined in each individual task order.
11.0 Technical Direction The NMSS Technical Monitor (TM) for the CNWRA work tasks will be designated.
Deborah DeMarco is designated as the NRC Project Officer (PO).
Technical instructions may not constitute new assignments of work or changes of such a nature as to justify an adjustment in cost or period of performance.
The NMSS TM is responsible for providing technical guidance to the performing organization regarding staff interpretations of the technical aspects of regulatory requirements along with copies of relevant documents (e.g. Regulatory Guides) when requested by the performing organization.
All work products must be reviewed and approved by the NMSS TM before they are submitted as final documents.
All technical direction given to the performing organization must be consistent with the work scope and schedule.
The NMSS TM is not authorized to unilaterally make changes to the approved work scope or schedule or give the performing organization any direction that would increase costs over approved levels.
Page 10 of 42
Section D NRC-02-98-002 SECTION D - PACKAGING AND MARKING D.1 PACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for shipment 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 shall clearly identify the contract number under which the product is being provided.
Page 11 of 42
Section E NRC-02-98-002 SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)" in Section I of this contract.
NUMBER TITLE DP.TE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.246-5 INSPECTION OF APR 1984 SERVICES--COST-REIMBURSEMENT E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.
Page 12 of 42
Section F NRC-02-98-002-SECTION F - DELIVERIES OR PERFORMANCE F.1 '
2052.212-70 PREPARATION OF TECHNICAL REPORTS All technical reports required by Section C and all Technical Progress Reports required by Section F are to be prepared in accordance with the attached Management Directive 3.8,
" Unclassified Contractor and Grantee Publications in the NUREG Series." Management Directive 3.8 is not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract. (See Section J for List of Attachments).
F.2 2052.212-71 TECHNICAL PROGRESS REPORT
.The contractor shall provide a periodic Technical Progress for each four week period to the project officer, the Report technical monitor, the contracting officer, the Chief, URB /NMSS, the Director DWM/NMSS, and the NRC CNWRA Program Manager. The report is due within 15 calendar days after the end of the report period and must identify the title of the project, the contract number, Financial Identification Number the (FIN), project manager and/or principal investigator, 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 If the recommended resolution recommendations for resolution.
involves a contract modification, e.g.,
change in work 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 expressed in terms of percentage of completion versus costed obligations in relation to the spending plan for each task.
Where deviations affecting the schedule or cost ceiling which are greater than 75 percent occur for each tas, an explanation must also be provided.
When appropriate a revised spending plan shall be submitted; and 1
)
(d) Plans for the next reporting period.
Page 13 of 42
Section F NRC-02-98-002 F.3 NRCAR 2052.212-73 FINANCIAL STATUS REPORT (DEC 1995)
The contractor shall provide a periodic Financial Status Report for each four week period to the project officer, technical monitor, the contracting officer, the Chief, URB /NMSS, the Director DWM/NMSS, and NRC CNWRA Program Manager.
Also, whenever the report references the acquisition of, or changes in status of, property valued at the time of purchase at $50,000 or more, send a copy of the report to the Chief, Property Management Branch, Division of Facilities and Property Management, Office of Administration.
The report is due within 15 calendar days after the end of the report period and shall identify the title of the project, the contract number, job code, project manager and/or principal investigator, the contract period of performance, and the period covered by the report.
Each report must include the following for each discrete task:
(a) Total estimated contract amount.
(b) Total funds obligated to date.
(c) Total costs incurred this reporting period.
(d) Total costs incurred to date.
(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task, if it is a task ordering contract.
(f) Balance of obligations remaining.
(g) Balance of funds required to complete contract / task order.
(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 eitner 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 original 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 officer has reason to believe that the total cost for performance of this contract will be either greater or substantially less than what had been previously estimated.
(i) Property status:
(1) List property acquired for the project during the month with Page 14 of 42
NRC-02-98-002 Section F an acquisition cost of $500 or more and less than $50,000.
Give the item number for the specific piece of equipment.
(2) List property acquired for the project during the month with an acquisition cost of $50,000 or more.
Provide the following information for each line item of property: item description or nomenclature, manufacturer, model nu der, serial number, acquisition cost, and receipt date.
If no property was acquired during the month, include a statement to that effect.
Note: The same peripheral equipment which is part of a " system or system unit."
(3) For multi-year projects, in the September monthly financial status report provide a cumulative listing of property with an acquisition cost of $50,000 or more ($5,000 or more if purchased prior to October 1, 1995) showing the above information.
(4) In the final monthly status report provide a close-out property report containing the same elements described above for the monthly financial status reports, for all property purchased with NRC funds regardless of value unless title has been vested in the contractor.
If no property was acquired under the contract, provide a statement to that effect.
The report should note any property requiring special handling for security, health, safety, or other reasons as a part of the report.
(j) Travel status:
List the startirg and end dates for each trip, the starting point and destination, and the traveler (s) for each trip.
If the data in this report indicates a need for additional funding beyond that already obligated, this information may only be used as support to the official request for funding required in accordance with the Limitation of Coat (LOC) Clause (FAR 52.232-20) or the Limitation of Funds (LOF) Clause FAR 52.232-22.
(k) License Fee Cost Recovery Section Pursuant to the provisions of 10 CFR Parts 170 and 171 on fees, provide the total amount of funds costed during the period and fiscal year to date for each task or task assignment by facility or topical report.
The Certificate Fee Recovery Status Report must be on a separate page as part of the periodic report for the task, and must be in the format provided (see Attachment 5).
Cost must be properly apportioned by docket number and TAC number to the appropriate site.
j There should be only one Certificate Fee Recovery Cost Status table per job code.
The facilities should be identified by docket number and TAC number, and costs should be reported as whole numbers rounded to the nearest dollar.
For work that involves more than one site, each site should be listed separately and the costs should be split appropriately between the sites.
Comon costs as defined below, must be identified separately in the Certificate Fee Recovery Cost Status table each period and must be divided among all plants worked on under the program during the period.
The total of the Page 15 of 42
Section F NRC-02-98-002-period' costs reported int he Certificate Fee Recovery Cost Status table should equal the total of the period costs reported in the Financial Status Report.
In the event the totals of the costs reports in these two tables are not equal, an explanation for the variane should be given as a footnote to the Certificate Fee Recovery Cost Status table.
Common costs are those costs associated with the performance of an overall program that benefit both sites covered under the program or that are required to satisfactorily carry out the program.
Common costs include costs associated with the following:
preparatory or start-up efforts to interpret and reach agreement on methodology, approach, acceptance criteria, regulatory position, or technical reporting requirements; efforts associated with the " lead site" concept that might be involved during the first one or two plant reviews; meetings and discussions involving the above efforts to provide orentation, background knowledge, or guidance during the course of a program; any technical effort applied to a category of plants; and project management.
On a periodic (every four weeks) b: sis, the common costs for each period must be apportioned to the costs incurred during the period for each of the sites for which work was performed.
F.4 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 (2 copies)
U.S. Nuclear Regulatory Commission Program Management, Policy Development & Analysis Staff Mail Stop T 8A23 ATTN:
Deborah DeMarco Washington, D.C.
20555 (b) Contracting Officer (1 copy)
F.5 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 work 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 I
required to' document such concerns on matters directly associated l
with its performance of the contract.
The procedure that will be Page 16 of 42
NRC-02-98-002 Section F
'used provides for the expression and resolution of differing professional views (DPVs) of health and safety related concerns associated with the mission of the agency by NRC contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of the contract, may_be found in-Section Jaof 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 turn, provide a copy of the procedure to its employees.
NOTE:
The prime contractor or subcontractor shall submit all DPV's received by need not endorse them.
F.6 DURATION OF CONTRACT PERIOD (MAR 1987)
ALTERNATE 4 (JUN 1988)
The ordering period for this contract shall commence on the effective date and will expire on 9/30/98.
Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein.
(See 52.216-18 Ordering.)
The term of this contract may be extended at the option of the Government for an additional one year.
Page 17 of 42
Section G NRC-02-98-002 SECTION G - CONTRACT ADMINISTRATION DATA 0.1 2052.215-71 PROJECT OFFICER AUTHORITY (a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:
NEme:
Deborah DeMarco Address:
U.S Nuclear Regulatory Commission Program Management, Policy Development and Analysis Staff, NMSS Mail Stop T 8A23 Washington, D.C.
20555 Telephone Number: (301) 415-7796 (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 reports, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.
(c) Technical direction must be within the general statement of work stated in the contract. The project officer does not have the authority to and may not issue any technical direction which:
(1) Constitutes an assignment of work outside the general scope of the contract.
(2) Constitutes a change as defined in the " Changes" clause of this j
contract.
(3) In any way cause an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
(4) Changes.any-of'the expressed terms, conditions, or specifications of the contract.
Page 18 of 42
Section G NRC-02-98-002 (5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.
(d) All technical directions must be issued in writing by the project officer or must'be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer.
(c) 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 of ficer's cuthority under the provisions of this clause.
(f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the " Changes" clause.
(g) Any unauthorized commitment or direction issued by the project officer may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.
(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto is subject to 52.233-1-Disputes.
(i) In addition to providing technical direction as defined in paragraph (b) of the section, the project officer shall:
(1) Monitor the contractor's technical progress, including curveillance and assessment of performance, and recommend to the contracting officer changes in requirements.
(2) Assist the contractor in the resolution of technical problems encountered during performance.
(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
Page 19 of 42
NRC-02-98-002 Section G i
G.2 2052.215-82 TRAVEL REIMBURSEMENT-ALTERNATE 1 (a) The contractor is encouraged to use Government contract airlines, AMTRAK rail services, and discount hotel / motel properties in order to reduce the cost of travel under this contract. The contracting officer shall, upon request, provide each traveler with a letter of identification which is required in order to participate in this program. The Federal Travel Directory (FTD) identifies corriers, 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 cccordance with the specific travel regulations cited in FAR 31.205-46, as are in effect on the date of the trip. Travel costs for research and related activities performed at State and nonprofit institutions, in accordance with section 12 of Public Law 100-679, shall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.
(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.
O.3 2052.215-f>3 TRAVEL APPROVALS (a) All domestic travel requires the prior approval of the project officer.
(b) All foreign travel must be approved in advance by the NRC on NRC Form 445 and must be in compliance with FAR 52.247-63, Preference for U.S. Flag Air Carriers. Foreign travel approval must be communicated in writing through the contracting officer.
Page 20 of 42
Section'G NRC-02-98-002-G.4 2052.216-71 INDIRECT COST RATES (a)
Pending the-establishment of final indirect rates which the must be negotiated based on audit of actual costs, contractor shall be reimbursed for allowable indirect costs as follows:
Category Rate.
Effective Period Burden 44%
Effective Date thru Contract Expiration Overhead 69%
Cost of Facilities Capital 6.103%
Materials Handling Burden 3.300%
(b)
The contracting officer may adjust the above rates as
-appropriate during the term of the contract upon acceptance of any revisions proposed by the contractor. It is the contractor's responsibility to notify the contracting officer in accordance with FAR 52.232-20, Limitation of Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if these changes affect performance of work within the established cost or funding limitations.
G.5 2052.216-74 TASK ORDER PROCEDURES (a) Task order request for proposal. When a requirement within the scope of work for this contract is identiCied, the contracting for officer shall transmit to the contractor a Task Order Request i
Proposal (TORP) which includes the following, as appropriate:
(1) Scope of work / meetings / travel and deliverables; f
(2) Reporting requirements; i
(3) Period of performance-place of performance; (4) Applicable special provisions; (5) Technical skills required; and
)
(6) Estimated level of effort.
the (b) Task order proposal. By the date specified in the TORP, contractor shall deliver to the contacting officer a written information, proposal that provides the following technical and cost as appropriate:
(1) Technical proposal content; Page 21 of 42
)
1 1
Section G NRC-02-98-002 (i) A discussion of the scope of work requirements to substantiate the contractor's understanding of the requirements of the task order and the contractor's proposed method of approach to meet the objective of the order.
(ii) Resumes for professional personnel proposed to be utilized in tha performance of any resulting ta'sk order. Include educational b ckground, specific pertinent work experience, and a list of any pertinent publications authored by the individual.
(iii) Identification of administrative support personnel and/or fccilities that are needed to assist the professional personnel in completing work on the task order.
(iv) Identification of " Key Personnel" and the number of staff hours that will be committed to completion of work on the task order.
(2) Cost proposal. The contractor's cost proposal for each task order must be prepared using Standard Form 1411, Contract Pricing Proposal cover sheet. A copy of the form and instructions are attached to this contract. Each task order cost proposal must be fully supported by cost and pricing data adequate to establish the recsonableness of the proposed amounts. When the contractor's estimated cost for the proposed task order exceeds $100,000 and the period of performance exceeds six months, the contractor may be required to submit,a Contractor Spending Plan (CSP) as part of its proposal. The TORP indicates if a CSP is required.
cost (c) Task order award. The contractor shall perform all work described in definitized task orders issued by the contracting officer. Definitized task orders include the following:
(1) Statement of work / meetings / travel and deliverables; (2) Reporting requirements; (3) Period of performance; (4) Key personnel; (5) Applicable special provisions; and (6) Total task order amount including any fixed fee.
G.6 2052.216-75 ACCELERATED TASK ORDER PROCEDURES (a) The NRC may require the contractor to commence work before receipt of a definitized task order from the contracting officer.
Accordingly, when the contracting officer verbally authorizes the work, the contractor shall proceed with performance of the task order subject to the monetary limitation established for the task order by the contracting officer.
Page 22 of 42
Section G NRC-02-98-002 (b) When this accelerated procedure is employed by the NRC, the contractor agrees to begin promptly negotiating with the contracting officer the terms of the definitive task order and agrees to submit a cost proposal with supporting cost or pricing data. If agreement on a definitized task order is not reached by the target date mutually agreed upon by the contractor and contracting officer, the contracting officer may determine a reasonable price and/or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subject to contractor appeal as provided in 52.233-1, Disputes. In any event, the contractor shall proceed with completion of the task order, subject only to the monetary limitation established by the contracting officer and the terms and conditions of the basic contract.
G.7 ELECTRONIC PAYMENT The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer.
It is the policy of the Nuclear Regulatory Commission to pay vendors by the Automated Clearing House (ACH) electronic funds transfer payment system.
The electronic system is known as Vendor Express.
Payment shall be made in accordance with FAR 52.232-33, entitled " Mandatory Information for Electronic Funds Transfer Payment".
To receive payment, the contractor shall complete the " Company Information" portion of the Standard Form 3881, entitled "ACH Vendor / Miscellaneous Payment Enrollment Form" found in Section J.
The contractor shall take the form to the ACH Coordinator at the financial institution that maintains its company's bank account.
The contractor shall discuss with the ACH Coordinator how the payment identification information (addendum record) will be passed to them once the payment is received by the financial institution.
To ensure that adequate payment information will be available to the contractor, the contractor should inform the financial institution that the addendum record must not be stripped from the payment.
Further information concerning the addendum is provided as an Attachment.
The ACN Coordinator should fill out the " Financial Institution Information" portion of the form and return it to the Office of the Controller at the following address:
Nuclear Regulatory Commission, Division of Accounting and Finance, Financial i
]
Operations Section, Mail Stop T-9-H-4, Washington, DC 20555, ATTN:
ACH/ Vendor Express.
It is the responsibility of the contractor to ensure that the financial institution returns the completed form to the above cited NRC address.
If the contractor can provide the financial information, signature of the financial institutions ACH Coordinator is not required.
The NRC is under no obligation to send reminders.
Only after the Office of the Controller has processed the centractor's sign-up form will the contractor be eligible to receive payments.
Once electronic funds transfer is established for payments authorized by NRC, the contractor needs to submit an additional SF 3881 only to report changes to the information supplied.
Page 23 of 42
Section G NRC-02-98-002 Questions concerning ACH/ Vendor Express should be directed to the Financial Operations staff at (301) 415-7520."
Page 24 of 42
Section H NRC-02-98-002 SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 2052.215-70 KEY PERSONNEL (c) The following individuals are considered to be essential to the cuccessful performance of the work hereunder:
Patrick Mackin James Weldy Amit Armstrong Sui-Min (Simon) Hsinag The centractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor chall 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 cnd 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 needed by the contracting officer to cvaluate the proposed substitution. The contracting officer or his/her authorized representative shall evaluate the request and promp-ly 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 cuccessful 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 adjusted downward to compensate the Government for any resultant delay, loss, or damage.
Page 25 of 42
Section Hi NRC-02-98-002 H.2 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS-
'OF INTEREST (a) Purpose. The primary purpose of this clause is>to aid in ensuring that the contractor:
(1) Isinot-placed in a conflicting role because:of. current or-planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and.
(2) Does not obtain an unfair competitive advantage over other
~
parties by. virtue.of its performance of this contract.
(b) Scope. The restrictions described apply to performance or perticipation by the contractor, as defined in 48 CFR 2009.570- 2~in the activities covered by this clause.
(c)fWork'for others.
(1) Notwithstanding any other provision of this contract, during the term of this contract the contractor agrees to forgo entering into consulting or other contractual arrangemente 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
- hms reason to believe with respect to itself or any employee that
,any proposed consultant or other contractual arrangement with any firm or organization-may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting
-officer before the execution of such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support-
. cn NRC licensee or applicant undergoing an NRC audit, inspection, or roview 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 tne contractor's support to explain or defend the contractor's prior work for the utility or other. entity which NRC questions.
(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall naither solicit nor perform work in the same or similar technical
'crea for that licensee'or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after Leompletion of all work under the associated task order, or last time
'ct 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, Page 26 of 42
Section H NRC-02-98-002 (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 cpplicant during the pdriod 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.
I (d) Disclosure 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 have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terrainate the contract if termination is in the best interest of the government.
(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities.
Consequently, if this is a task-order-type contract, the contractor it will disclose all proposed new work involving NRC agrees thatlicensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise licensee or diligence to discover and disclose any new work at that applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer.
The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c) (2), (c) (3) or (c) (4) of this section.
(e) Access to and use of information.
Page 27 of 42
Section H NRC-03-98-002-(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 purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of.the informat. ion 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 public by~the NRC.
(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C.
section 552a (1988)), or the Freedom of Information Act (5 U.S.C.
section 552 (1986)), or 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.
the' (3) Subject to patent and security provisions of this contract, contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The termo 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 forthe such erroneous representations that necessarily imply bad faith, 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.
Page 28 of 42
=
NRC-02-98-002 Section H I
(i) Follow-on effort. The contractor shall be ineligible to i
. participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management i
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.
i (1) If the contractor, under this contract, prepares a complete or i
essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or cpecifications. The contractor may not incorporate its products or cervices 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.
H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)
The Government will not provide any equipment / property under this contract.
H.4 LICENSE FEE RECOVERY COSTS (APR 1992)
Included as an attachment in Section J are billing instructions for license fee recovery costs.
This information must be submitted by the contractor in conjunction with the monthly invoice.
i H.5 SEAT BELTS Contractors, subcontractors, and grantees, are encouraged to adopt end enforce on-the-job seat belt policies and programs for their
}
cmployees when operating company-owned, rented, or personally owned VehlCles.
Page 29 of 42
Section I NRC-02-98-002-PART II
- CONTRACT CLAUSES CONTRACT CLAUSES' SECTION I I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are and hereby incorporated by reference (by Citation Number, Title, Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)" in Section I of this contract.
DATE NUMBER TITLE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.202-1 DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 THE GOVERNMFUT 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997 CERTAIN FEERAL TRANSACTIONS 52.204-4 PRINTING / COPYING DOUBLE-SIDED ON JUN 1996 RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTOR'S i
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION' AUG 1996 l
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997 FORMAT 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR OCT 1997 PRICING DATA 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR OCT 1997 PRICING DATA--MODIFICATIONS 52.215-12 SUBCONTRACTOR COST OR PRICING DATA OCT 1997 52.215-13 SUBCONTRACTOR COST OR PRICING OCT 1997 DATA--MODIFICATIONS 52.215-15 TERMINATION OF DEFINED BENEFIT PENSION OCT 1997 PLANS 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR OCT 1997 POSTFETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) -
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997 52.216-7 ALLOWABLE COST AND PAYMENT FEB 1998 MAR 1997 52.216-8 FIXED-FEE 52.219-8 UTILIZATION OF SMALL, SMALL JUN 1997 Page 30 of 42
Section I NRC-02-98-002 DISADVANTAGED BUSINESS AND WOMEN-OWNED SMALL BUSINESS CONCERNS AUG 1996 1
52.222-3 CONVICT LABOR APR 1984 52.222-26 EQUAL OPPORTUNITY 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED APR 1984 WORKERS 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED JAN 1988 VETERANS AND VETERANS OF THE VIETNAM ERA 52.223-2 CLEAN AIR AND WATER APR 1984 JAN 1997 52.223-6 DRUG-FREE WORKPLACE 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN OCT 1996 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 52.227-2 NOTICE AND ASSISTANCE CONCERNING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996 JUN 1996 52.232-17 INTEREST APR 1984 52.232-20 LIMITATION OF COST 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC AUG 1996 FUNDS TRANSFER PAYMENT OCT 1995 52.233-1 DISPUTES AUG 1996 52.233~3 PROTEST AFTER AWARD ALTERNATE I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995 JUL 1995 52.242-13 BANKRUPTCY 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987 ALTERNATE I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT AND OCT 1997 LETTER CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCT 1995 COMMERCIAL COMPONENTS 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997 52.249-6 TERMINATION (COST-REIMBURSEMENT)
SEP 1996 APR 1984 52.249-14 EXCUSABLE DELAYS 52.253-1 COMPUTER GENERATED FORMS JAN 1991 l
I.2 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--
I l
MODIFICATIONS (OCT 1997) l (a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--
(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic Page 31 of 42
NRC-02-98-002 Section I rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously l
submitted to the contracting office.
(ii) Information on modifications of contracts or subcontracts for commercial items. (A)
If--
(1) The original contract or subcontract was granted an exception from cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and (2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may-provide information to establish that the modification would not change the contract or subcontract from a contract or. subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.
(B) For a commercial item exception, the Contractor shall pgovide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include--
(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which che proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished),
e.g.,
wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.
(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.
(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.
(4) The Contractor grants the Contracting officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.
Page 32 of 42
Section I NRC-02-98-002 If the Contractor is (b) Requirements for cost or pricing data.
not granted an exception from the requirement to submit cost or pricing data, the following applies:
The Contractor shall submit cost or pricing data and (1) supporting attachments in accordance with Table 15-2 of FAR 15.408.
but before (2) As soon as practicable after agreement on price, the Contractor shall submit a award (except for unpriced actions),
Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
I.3 52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall.be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.
(b) All delivery orders or task orders are subject to the terms In the event of conflict between a and conditions of this contract.
the contract shall delivery order or task order and this contract, control.
(c) If mailed, a delivery order or task order is considered
" issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the ';hedule.
I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order.
When the Government requires supplies or services covered by this contract in an amount of less than N/A, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order.
The Contractor is not obligated to honor--
(1) Any order for a single item in excess of N/A; (2) Any order for a combination of items in excess of N/A; A series of orders from the same ordering office within N/A
-(3) days that together call for quantities exceeding the limitation in cubparagraph-(1) or (2) above.
(c) If this is a requirements contract (i.e.,
includes the Page 33 of 42
Section I NRC-02-98-002 52.216-21 of the Federal Requirements clause at subsectionthe Government is not required to Acquisition Regulation (FAR)),
order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in unless that order (or orders) is returned to the paragraph (b), ordering office within N/A days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) celled for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)
This is an indefinite-quantity contract for the supplies or (a) in the services specified, and effective for the period stated,The quantities of su Schedule.
Schedule are estimates only and are not purchased by this contract.
Delivery or performance shall be made only as authorized by (b)
The orders issued in accordance with the Ordering clause.when and if ordered, the Contractor shall furnish to the Government, supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the " maximum." Thethe quantity of su Government shall order at least designated in the Schedule as the " minimum."
for any limitations on quantities in'the Order (c) Except there is no limit on the Limitations clause or in the Schedule, The Government may issue number of orders that may be issued.
orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the The contract Contractor within the time specified in the order.
shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; that the Contractor shall not be required to make any
- provided, deliveries under this contract after six months from the expiration date..
I.6 52.217-9 OPTION TO EXTEND THE TERM OF T..(E CONTRACT
()Um 1989)
The Government may extend the term of thic contract by written (a) notice to the Contractor within 30 days provided, that the Page 34 of 42
Section I NRC-02-98-002 reliminary written notice.of l
Government shall give the Contractor a its intent to extend at least 60 days b fore the contract expires.
The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include thisioption provision.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 19 months.
I.7 52.232-25 PROMPT PAYMENT (JUN 1997) the Notwithstanding any other payment clause in this contract, Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause.
~
Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of partinent terms are set forth in section 32.902 of the Federal
. Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a) (4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)
(a)' Invoice payments (1) Due Date. (i) Except as indicated in and paragraph (c) of this clause, the due date subparagraph - (a) (2 )
for making invoice payments by the designated payment office shall be the later of the following two events:
(A) The 30th day after the designated billing office has received a proper invoice from the Contractor (except as provided in subdivision (a) (1) (ii) of this clause).
(B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.
(ii) If the designated billing office fails to annotate thethe invoice with the actual date of receipt at the time of receipt, invoice payment due date shall be the 30th day after the date of the Contractor's invoice; provided a proper invoice is received and there is no disagreement over quantity, quality, or contractor compliance with contract requirements.
(2) Certain food products and other payments. (i) Due dates on Contractor invoices for meat,. meat food products, or fish; perishable agricultural commodities; and dain products, edible fats oils,_and food products prepared from edible fats or oils are--
cn (A) For meat or meat food products, as defined in section Page 35 of 42
Section I NRC-02-98-002 2 (a) (3) of the Packers and Stockyard Act of 1921 (7 U.S.C.
182 (3 ) ),
and as further defined in Pub. L.98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs,.and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.
(B) For fresh or frozen fish, as defined in section 204 (3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)),
as close as possible to, but not later than, the 7th day after product delivery.
(C) For perishable agricultural commodities, as defined in cection 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a (4)), as close as possible to, but not later than, the loth day after product delivery, unless another date is specified in the contract.
(D) For dain products, as defined in section 111(e) of the (7 U.S.C.
4 502 (e) ),
Dairy Production Stabilization Act of 1983and food products prepared from edible fats or edible fats or oils, as close as possible to, but not later than, the loth day
- oils, after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.
(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraph (a) (3) (i) through (a) (3) (viii) of this clause. If the invoice does not comply with these requirements, it shall be i
returned within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils), with a statement of the reasons why it is not a proper invoice. Untimely notification will be taken into account in computing any interest penalty owed the Contractor in the manner described in subparagraph (a) (5) of this clause.
(i) Name and address of the Contractor.
(ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.)
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Section I NRC-02-98-002 (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
Shipping and payment termh (e.g., shipment number and date (v) prompt _ payment discount terms). Bill of lading number of shipment, and weight of shipment will be shown for shipments on Government bills of lading.
Name and address of Contractor official to whom payment (vi)
(must be the same as that in the contract or in a is to be sent proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice.
(viii) Any other information or documentation required by the contract (such as evidence of shipment).
While not required, the Contractor is strongly encouraged (ix) to assign an identification number to each invoice.
(4) Interest penalty. An interest penalty shall be paid from automatically by the designated payment office, without request the Contractor, if payment is not made by the due date and the (a) (4) (i) through (a) (4) (iii) of conditions listed in paragraphs if applicable. However, when the due date falls this. clause are met, on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty.
(i) A proper invoice was received by the designated billing office.
(ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds the due the contractor for supplies delivered or services performed, amount was not. subject to further contract settlement actions between the Government and the Contractor.
(5) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U. S. C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g.,
tariffs)..This rate is referred to as the " Renegotiation Board Interest Rate," and it is published in the Federal Register i
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Section I' NRC-02>98-002 semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by.the Government until the payment date of such approved principal and will be compounded in 30-day increments inclusive from amount; date. That is, the first day after the due date through the payment interest accrued at the end of any 30-day period will be added to the approved invoice principal paym'ent amount and will be subject to If interest penalties if not paid in the succeeding 30-day period.
the deuignated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in subparagraph the due date on the corrected invoice will be (a) (3) of this clause, adjusted by subtracting from-such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date.
Adjustments will be made by the designated payment office for errors in calculating interest penalties.
(i) For the sole purpose of computing an interest penalty that might be due the contractor, Government acceptance shall be deemed to have occurred constructively on the 7th. day (unless otherwise after the Contractor delivered the specified in this contract) supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract that actual acceptance occurs within the In the event provision.
constructive acceptance period, the determination of an interest The penalty shall be based on the actual date of acceptance. compel constructive acceptance requirement does not, however, Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The following periods of time will not be included in the determination of an interest penalty:
(A) The period taken to notify the Contractor of defects in but this may not exceed 7 days invoices submitted to the Government, (3 days for meat, meat food products, or fish; 5 days for perishable and agricultural commodities, dairy products, edible fats or oils, food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(C) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of this contract.
(iii) Interest penalties will not continue to accrue after the 52.233-1, filing of a claim for such penalties under the clause at Disputes, or for more than 1 year. Interest penalties of less than
$1 need not be paid.
(iv) Interest penalties are not required on payment delays due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the Page 38 of 42
Section I NRC-02-98-002 terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.
(6) Prompt payment discounts. An interest penalty also shall be paid automatically by the designated payment office, without request if a discount'for prompt payment is taken from the Contractor, improperly. The interest penalty will be calculated as described in of this clause on the amount of discount taken subparagraph (a) (5) for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.
(7) Additional interest penalty. (i) a penalty amount, calculated in accordance with paragraph (a) (7) (iii) of this clause, shall be paid in addition to the interest penalty amount if the contractor--
(A) Is owed an interest penalty of $1 or more; (B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (C) Makes a written demand to the designated payment office for additionel penalty payment, in accordance with paragraph (a) (7) (ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.
(ii) (A) Contractors shall support written demands for additional penalty payments with the following data. No additin".al data shall be required. Contractors shall (1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and (3) State that payment of the principal has been received, including the date of receipt.
(B) Demands must be postmarked on or before the 40th day after payment was made, except that--
(1) If the postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the designated payment office on or before the 40th day after payment was made; or (2) If the postmark is illegible or nonexistent and the designated payment office fails to make the required annotation, the demand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after. payment was made.
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Section I NRC-02-98-002 (iii) ( A) The additional penalty shall be equal to 100 percent of l
any original late payment _ interest penalty, except--
(1) The additional penalty shall not exceed $5,000; and (2) The additional penalty shall never be less than $25; (3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.
(B) If the interest penalty ceases to accrue in accordance with the limits stated in paragraph (a) (5) (iii) of this clause, the amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional penalty apacified in paragraph (a) (7) (iii) (A) of this clause.
(C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each The maximum and separate payment made for each separate contract.
minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where payments are the maximum and minimum consolidated for disbursing purposes, additional penalty determination shall be made separately for each contract therein.
(D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., pa pents under utility' contracts subject to tariffs and regulation).
(b) Contract financing payments-- (1) Due dates for-recurring If this contract provides for contract financing payments.
financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the I
Contracting Officer Contract financing payments shall be made on the 30 days day after receipt of a proper contract financing request l
by the designated billing office. In the event that an audit or other review of a cpecific financing request is required to ensure l
the compliance with the terms and conditions of the contract, designated payment office is not compelled to make payment by the due date specified.
Due dates for other contract financing. For advance (2) loans, or other arrangements that do not involve recurring
- payments, financing requests, payment shall be made in submissions of contract accordance with the corresponding contract terms or as directed by the contracting Officer.
(3) - Interest penalty not applicable. Contract financing payments shall not be assessed an interest penalty for payment delays.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.
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Section I NRC-02-98-002 I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This Contract incorporates one or more clauses by reference, wit...
the same force and effect as if they were given in full text.
Upon the Contracting Officer will make their full text
- request, available. Also, the full text of a clause may be accessed electronically at this/these address (es) :
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