ML20217F704
| ML20217F704 | |
| Person / Time | |
|---|---|
| Issue date: | 03/31/1998 |
| From: | Mace M, Scammell R NRC OFFICE OF ADMINISTRATION (ADM), RENSSELAER POLYTECHNIC INSTITUTE, TROY, NY |
| To: | |
| References | |
| CON-FIN-W-6996, CON-NRC-04-98-054, CON-NRC-4-98-54 NUDOCS 9804010100 | |
| Download: ML20217F704 (31) | |
Text
1RATtNG l PAGE OF PAGEh i THIS CONTl;ACT eS RATED ORDE R lg AWARD / CONTRACT uNmn DeAS ns C,R asoi 2 CONTRACT NO (Proc insi Islent)
{3 EFFECT:r DATE le REQUISITION. PURCHASE REQUEST / PROJECT NO RES C98 042
_ 04 98-054 i
PR 0 61998 hRC nES-98-054 i
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6 ADMINISTERED BY UI othm than item $1 cggg CODE b U.S. Nuclear Regulatory Consnission U.S. Nuclear Regulatory Commission Division of Contracts and Property Mgt.
Division Of Contracts and Property Mgt.
Attn: T 7 I-2 Attn: T-7-I 2 Washington DC 20555 Washington DC 20555 7 NAME AND ADDRESS OF CONTRACTOR INo, steset, cety, county. State and ZIP Codel 8 DEUVERY l
Rensselaer Polytechnic Institute l
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S. D'SCouNT rOR PROuPT pAyuENT Troy, NY 12180 3590 net 30 10 SUBMIT INVOICES ITEM 14 copies unless otherese spouhedi IF ACluTV CODE 70 iHE A") DRESS SHOWN AN CODE
- 11. Ship ToMARK FOR l
i2. PAYMENT WM BE MADE SY CODE enog U.S. Nuclear Regulatory Consnission U.S. Nuclear Regulatory Commission Of flCe of Nuclear Regulatory Research l Office of the Chief Financial Officer MS T 10E46
' Attn: T-9H4 W shington DC 20555 Washington DC 20555
- 13. AUTHOMitY FOR US#NG OTHER THAN FULL AND OPEN COMPETITION 84 ACCOUNTING AND APPROPRIATION DATA U 4: u s C 2 shot i io u s C 23wcis i 15A tilM NO l 168 $UPPLIES/SEftviCES
} 15C OUANTITY l iSD UNf 16E. UNIT PRICE 16F AMOUNT S& tion K is hmby remed fmn this dx2sumt and inwEpaatai herein by idauw.
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I 9804010100 980331 I
l 15G TOTAL AMOUNT OF CONTRACT 5142.569.00 See Attached Table of Contents
- 16. T ABLE OF CONTENTS l SEC l f PAGEtSi l EEC_ l DEGCRIPTION PAGE t$1 (XI DE $CRIPTION ix)
PART l-THE SCHEDULE PART li CONTRACT CLAUSES
$ A SOUCITATION/ CONTRACT FORM I
CONTRACT CLAUSES PART Hi-UST OF DOCUMENTS E XHIBITS AND OTHER ATT ACH B
SUPPLIE R SERVICES AND PRIC[$rCOSTS lJ C
DESCRIPTimi'SMC$ swoRK STATEMENT UST OF ATTACHMENTS PART IV < REPRESENTAYtONS AND INSTRUCTIONS O
PACK AGING AND M AREING i E INSPECTION AND ACCEPTANCE REPRESENTATIONS. CERitFICATIONS AND OTHER STATEMENTS OF OFFERORS F
DEUV.ERIES OR PERFORMANCE hE ! #iSTRS. CONDS. AND NOT CES TO OFF E R O
CONTRACT ADMINISTRATION DATA l M !EVAlijATION f ACTORS FOR AWARO l H SPECIAL CON 1RACT REOUtREMFNTs CONTRACTING OFFICER WILL COMPLE_TE ITEM 17 OR 18 AS APPLICABLE iT CONTRACTOR's NEGOTIATED AGREEMENT IContractor es retenrod to sign ttus 18 AWARD (Conteacto# es not required to sign this document.)
Youe offer on document and retum three cop.es io issume o s.c,i Sohcitai.on Noenber _
. mcluding the Centractor ag'ees to femsh sad delevee sal eiems or pettorm all the services set forth of other*tse addilsons or changes made by you whech additsons of changes are set forth m evd above, es hefeby toenched above sad on any continuateen sheets tof the consederstaan stated herem The aghts accepted as lo the esems hated alsovo and on any contmuation sheets This award consommeias and othgat.ons of the parties to this contract shall be subsect to and governed by the followmg the Contract which contests of the follomng docufhents (a) the Government *4 soh00 telson and a'
ocicuments let ttwo award' contract. Ibl the sohciteten. vt any, and (c) such provisions, yout of tet. end (bl tfws awardecontiate No further contra <.tual document is necesasey repienentoieons, cerWateons. and spaceheatens. es ase attached at mcorporated by reference
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i TABLE OF CONTENTS PAGE i
A-1 PART I - THE SCHEDULE.
A-1
$ECTION'A - SOLICITATION / CONTRACT FORM SF 26 AWARD / CONTRACT Page 1 of Pages A-1 B-1 iSECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B-1 B.1 PROJECT TITLE B B.2 BRIEF DESCRIPTION OF WORK (MAR 1987).
B-1 j
B.3 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT.
(JUN 1988) j jSECTION C. DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK C-1 C-1 C.1 CONTRACT REQUIREMENTS D-1 lSECTION D - PACKAGING AND MARKING.
D-1 D.1 PACKAGING AND MARKING (MAR 1987)................
E-1 lSECTION E INSPECTION AND ACCEPTANCE.
E1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE E-1 E.3 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
E-1 i
F-1
- SECTION F - DELIVERIES OR PERFORMANCE.
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE F-1 F-1 i
F.2 2052.212-70 PREPARATION OF TECHNICAL REPORTS F.3 2052.212-71 TECHNICAL PROGRESS RSPORT.
F-1 F.4 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995)
F-2 F.5 DELIVERABLE REPORTS AND DELIVERY SCHEDULE F-3, F-4 i
F.6 PLACE OF DELIVERY--REPORTS (JUN 1988)
F.7 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS F-4 (DPVs)
F.8 DURATION OF CONTRACT PERIOD LMAR 1987).
F-5 ALTERNATE 2 (MAR 1987)
G-1 SECTION G - CONTRACT ADMINISTRATION DATA G-1 G.1 2052.215-71 PROJECT OFFICER AUTHORITY.
G-3 G.2 2052,215-81 TRAVEL REIMBURSEMENT.
G-3 G.3 2052.215-83 TRAVEL APPROVALS G-4 G.4 2052.216-71 INDIRECT COST RATES.
G-4 l
G.5 ELECTRONIC PAYMENT.
H-1 SECTION H - SPECIAL CONTRACT REQUIREMENTS.
H.1 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS.
H-1 OF INTEREST H-4 H.2 2052.215-70 KEY PERSONNEL.
H.3 2052.235-71 PUBLICATION OF RESEARCH RESULTS-UNIVERSITIES H-5 l
H.4 2052.235-72 SAFETY, HEALTH, AND FIRE PROTECTION.
H-6 H-6 l
H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)
H-6 H.6 SEAT BELTS.
........ H-6 H.7 YEAR 2000 WARRANTY--NON-COMMERICAL SUPPLY ITEMS I-1 PART II
- CONTRACT CLAUSES.
I-1 SECTION I CONTRACT CLAUSES 1-1 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
TABLE OF CONTENTS PAGE I.2 52.216-7 ALLOWABLE COST AND PAYMENT (FEB 1998).
1-2 I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT...... I-5 (MAR 1989) 1-6 1.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
...... J-1 PART III - LIST OF DOCUMENTS, EXHIBITS ~AND OTHER ATTACHMENTS J-1 SECTION J - LIST OF ATTACHMENTS.
K-1 PART IV REPRESENTATIONS AND INSTRUCTIONS SECTION K
- REPRESENTATIONS, CERTIFICATIONS AND K-1 OTHER STATEMENTS OF OFFERORS K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED K-1 l
BY REFERENCE K.2 52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS.
K-1 FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
K-2 K.3 52.204-3 TAXPAYER IDENTIFICATION (JUN 1997).........
K-3 K.4 52.204-5 WOMEN-OWNED BUSINESS (OCT 1995)
K.5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,.
K-3 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)
K.6 52.215-4 TYPE OF BUSINESS ORGANIZATION (OCT 1997).
K-5 K.7 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
K-5 K.8 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS.
K-6 (JAN 1997)
..... K-7 K.9 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS.
(APR 1984)
K-8 K.10 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984).
K.11 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)
K-8 K-8 K.12 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE.
REPORTING (OCT 1996)
K.13 52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND.
K-9 MINORITY INSTITUTION REPRESENTATION (MAY 1997)
K.14 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND.
K-10
(. UN 1987)
RESTRICTED COMPUTER SOFTWARE J
K-11 K.15 2052.209-70 QUALIFICATIONS OF CONTRACT EMPLOYEES K.16 2052.209-71 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT K-11 K.17 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF K-12 INTEREST REPRESENTATION
Section B NRC-04-98-054 PART I - 1EE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS l
B.1 PROJECT TITLE The title of this project is as follows:
Development of Mechanistic Modeling Capabilities for Computer Simulations of Reactor Components and Systems B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)
The Contractor shall develop physically based multidimensional models of two-phase flow for application in rector safety studies and to demonstrate that the use of such models can enhance the predictive capabilities of NRC codes.
B.3 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT (JUN 1988)
(a) The total estimated cost to the Government for full performance of the basic contract is $142,569.
(b) The amount obligated by the Government with respect to this contract is $142,569.
(c) If exercised, the total estimated cost to the Government for full performance of Option Year 1 is $147,961.
(d) If exercised, the total estiamted cost to the Government,for full perfromance of Option Year 2 is $151,922.
B-1
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NRC-04-98-054 Section C SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK f
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C.1 CONTRACT REQUIREMENTS The Contractor shall perform the research outlined in its proposal j
dated November 3, 1997 which was submitted in response to the NRC BAA solicitation RS-RES-98-038 entitled " Broad Agency Announcement for Thermal Hydraulic Research." The Contractor's proposal is hereby incorporated into this contract by refe*0nce. The Contractor shall i
l provide monthly-technical progress rLports and monthly financial status reports in accordance~with the provisions in Section F.3 and F.4 of this contract. In addition, the contractor shall deliver the technical reports to the Government as described in and at the times
- indicated in Section F.5 of this contract.
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Section D NRC 04-98-054' SECTION D - PACKAGING AND MARKING D.1' PACKAGING AND MARKING (MAR 1987)
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l The Contractor shall package material for shipment to the NRC in such a manner that.will ensure acceptance by common carrier and safe L
delivery at destination.
Containers and closures shall comply with
-the Interstate Commerce Commission Regulations, Uniform Freight i
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.
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NRC-04-98-054 Section E SECTION E
' INSPECTION AND ACCEPTANCE' l'
N E.1 NOTICE LISTING CONTRACT CLAUSES' INCORPORATED BY REFERENCE The following contract clauses pertinent to this sectIon are l
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.
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NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) l 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984 (SHORT FORM)
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.
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E-1 f.-
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Section F NRC-04-98-054 l
SECTION F - DELIVERIES OR PERFORMANCE F.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.
DATE NUMBER TITLE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.242-15 STOP-WORK ORDER AUG 1989 ALTERNATE I (APR 1984)
P.2 2052.212-70 PREPARATION OF TECHNICAL REPORTS All technical reports required by Sections C and F 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.3 2052.212-71 TECHNICAL PROGRESS REPORT The contractor shall provide a monthly Technical Progress Report to the project officer and the contracting officer. The report is due within 15 calendar days after the end of the report period and must identify the title of the project, the contract number, Financial Identification Number (FIN), project manager and/or principal investigator, the contract period of performance, and the period covered by the report. Each report must include the following for each discrete task / task order:
(a) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanation provided; Any, problems or delays encountered or anticipated and recommendations for (b)
If the recommended resolution involves a contract modification, resolution.
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.
l (c) A summary of progress to date; and l
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2 NRC-04-98 054 Section F
'(d). Plans for Jthe next reporting period.
l F.4 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) l The contractor.shall provide'a' monthly Financial Status. Report to the project l-officer:and the contracting officer.
Also, whenever the report references the acquisition of, or changes in status of, property valued at the time of purchase
! 3 l Lat.$50,000 or more, send a copy of the report to the Chief, Property Management 4
Branch,1 Division of Facilities and Property Management, Office of i. 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.
I (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.
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i (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.
j
-(2) -Indicate if there has been a significant change in the original CSP
-projection in either dollars or percentage of completion. Identify the change, i
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.
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L(i) Property status:
(l') ' List propert'y acquired for the project during the month with an acquisition cost of $500 or more and less than $50,000.
Give the item number l
for the specific piece of equipment.
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t Section F NRC-04-98-054 (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 number, 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."
1 (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 l the above information.
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(4) In the final monthly status report provide a close-out property report L containing the same elements described above for the monthly financial status
! reports, for all property purchased with NRC funds regardless of value unless l 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 l property requiring special handling for security, health, safety, or other l reasons as a part of the report.
(j ) Travel status:
List the starting and end dates for each trip, the starting point and
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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 Cost (LOC)
-Clause (FAR 52.232-20) or the Limitation of Funda (LOF) Clause FAR 52.232-22.
F.5 DELIVERABLE REPORTS AND DELIVERY SCHEDULE The Contractor shall deliver to the NRC Project Officer the following reports as the time prescribed below:
- 1. Basic Contract - Letter report documenting the analysis on local multidimensional two-phase flow and heat transfer phenomena in large-volume reactor components during~ transients and accidents, including the description of new models for CFD simulations. 6 months after contract effective date.
- 2. Basic Contract - Letter report documenting the computer implementation of the models developed for report no. 1 above, diskettes containing the source code for new models, and plots, graphs and tables showing the results of model testing.
9 months after contract effective date.
- 3. Basic Contract - Final report documenting results of model validation and computer simulations for appropriate reactor components, and a description of, and test results for, simplified models for application in NRC system codes. Report will also include the results of the overall work for the basic contract.. 12 months after contract effective date.
- 4. Option Year 1 - Letter report documenting the analysis on F-3 I
NRC-04-98-054 Section F t
j model development for two-phase flow in junctions and branching conduits. 6 month after option yr. 1 exercise date.
- 5. Option Year 1 - Letter report documenting results of model
. testing and validation. 9 months after option yr. 1 exercise date
- 6. Option Year 1 - Final report documenting model testing and validation and description of the new simplified models for system codes. Report will include results of the overall work for Option Year 1.
12 months efter option yr. 1 exercise date 7 ' Option' Year 2 - Letter report documenting comparative analysis between new and old models in system codes, 6 months after option yr. 2 exercise date.
- 8. Option Year 2 - Final Report documenting the work on the development of new CFD models of two-phase flow. 12 months after option yr. 2 exercise date.
F;6 PLACE OF DELIVERY--REPORTS (JUN 1988)
The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
(a) _ Project Officer (2 copies)
(b) Contracting Officer (1 copy)
F.7 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 is personnel believes that a conscientious expression of a competent judgement required to document such concerns on matters directly associated with its i
performance of the contract.
The procedure that will be used provides for the expression and resolution of differing professional views (DPVs) of health and safety related concerns associated with the mission of the agency by NRC
. contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of the contract, may be found in Section J of the solicitation.
The contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall, in 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.
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NRC-04-98-054 Section F
.t'. 8 DURATION OF CONTRACT PERIOD (MAR 1987)
ALTERNATE 2 (MAR 1987) fThiscontract shall commence on contract effective date bloc); 3 of SF26 and will
! expire 12 months thereafter. The term of this contract may be extended at the
! option of the Government for an additional two successive one year periods.
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Section G NRC-04-98-054 SECTION G - CONTRACT ADMINISTRATION DATA
!l' G.1 2052.215-71 PROJECT OFFICER AUTHORITY (a) The contracting officer's authorized representative hereinafter geferred to as the project officer for this contract is:
Name: Christopher Boyd Address:
U.S. Nuclear Regulatory Commission-Office of Nuclear Regulatory Res.
MS T-10E46 Washington, DC 20555 Telephone Number: 301-415-0244 (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:
Technical direction to the contractor which shifts work emphasis (1) between areas of work or tasks, fille in details, or otherwise serves to accomplish the contractual statement of work.
Provide advice and guidance to the contractor in the preparation (2) of drawings, specifications, or technical portions of the work description.
(3) Review and, where required by the contract, approval of drawings, specifications, and technical technical reports, information to be delivered by the contractor to the Government under the contract.
Technical direction must be within the general statement of work (c) stated in the contract. The project officer does not have the authority to and may not issue any technical direction which:
Constitutes an assignment of work outside the general scope of (1) the contract.
Constitutes a change as defined in the " Changes" clause of this (2) contract.
In any way cause an increase or decrease in the total estimated (3) contract cost, the fixed fee, if any, or the time required for contract. performance.
conditions, or (4) Changes any of the expressed terms, specifications of the contract.
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NRC-04-98-054 Section G (5) Terminates the contract, settles any claim or dispute arising i
l under the contract, or issues any unilateral directive whatever.
i (d) All technical directions must be issued in writing by the l
project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A copy i
of the written direction must be furnished to the contracting officer.
(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the project officer in the manner prescribed by this clause and within the project officer's authority under the provisions of this clause.
(f) If, in the opinion of the contractor, any instruction or 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 surveillance 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.
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NRC-04-98-054 Section G G.2 2052.215-81 TRAVEL REIMBURSEMENT (a) Total expenditure for domestic travel may not exceed $2000 without the prior approval of the contracting officer.
(b) 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 carriers, contract fares, schedules, payment conditions, and hotel / motel properties which offer their services and rates to Government contractor personnel traveling on official business under this contract. The FTD,-which is issued monthly, may be purchased from the U.S. Government Printing Office, Washington, DC 20402.
(c) The contractor will be reimbursed for reasonable travel costs incurred directly and specifically in the performance of this contract. The cost limitations for travel costs are determined in accordance with the specific travel regulations cited in FAR 31.205-46, as are in effect on the date of the trip. Travel costs for research and related activities performed at State and nonprofit l
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 end 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.
(d) 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.
G.3 2052.215-83 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.
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NRC-04-98-054 Section G G.4 2052.216-71 INDIRECT COST RATES (a) Pending'the establishment of final indirect rates which must be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable. indirect costs as follows:
l name-period base value type l
indirect cost award to 6/30/1999 MTDC 54.5%
predetermined iration MTDC 54.5%
provisional indirect cost 7/1/99 to exp/1998 award to 6/30 S&W 32.0%
fixed fringe benefits fringe benefits 7/1/98 to expiration S&W 32.0%
provisional (b) The contracting officer may adjust the above provisional 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 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 3.
The contractor shall take the form to the ACH Coordinator at the financial institution that maintains its company's bank account.
payment identification information (addendum record) will be passed The contractor shall discuss with the ACH Coordinator how the to them once the payment is received by the financial institution.
To ensure.that adequate payment information will be available to the contractor, the contractor should inform-the financial institution that the addendum record must not be stripped from the payment.
Further information concerning the addendum.is provided at Section J. The ACN Coordinator should fill out the " Financial Institution Information" portion of the form and return it to the Office of the controller at the following address:
Nuclear Regulatory Commission, Division of Accounting and Finance, Financial Operations Section, Mail Stop T-9-H-4, Washington, DC 20555, ATTN:
ACH/ Vendor Express.
It is the responsibility of the contractor to ensure that the financial institution returns the completed form to the above cited NRC address.
If the 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 l
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l NRC-04-98-054 Section G l
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tne contractor's sign-up form will the contractor be eligible to l
receive payments.
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Once electronic funds transfer is established for payments authorized by NRC, the contractor needs to submit an additional SF I
l 3881 only to report changes to the information supplied.
i Questions concerning ACH/ Vendor Express should be directed to the l
Financial Operations staff at (301) 415-7520."
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G-5
Section H NRC-04-98-054 SECTION H - SPECIAL CONTRACT REQUIREMENTS l
l H.1 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) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizctional, 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 2 in participation by the contractor, as defined in 48 CFR 2009.570-the activities covered by this clause.
(c) Work for others.
(1) Notwithstanding any other provision of this contract, during the term of this contract the contractor agrees to forgo entering into j
consulting or other contractual arrangements with any firm or the result of which may give rise to a conflict of organization, interest with respect to the work being performed under this contract. The contractor shall ensure that all employees under this i
contract abide by the provision of this clause. If the contractor has reason to believe with respect to itself or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the audit, inspection or review are the same as or substantially similar to the services within the scope of this contract (or task order as except where the NRC licensee or applicant requires appropriate),
the. contractor's support to explain or defend the centractor'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 neither solicit nor perform work in the same or similar technical j
area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time H-1 l
i Section H NRC-04-98-054 at the site (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.
(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias er unfair competitive advantage.
(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 j
terminate
{
avoid or mitigate such conflicts. The NRC may, however, the contract if termination is in the best interest of the l
government.
is recognized that the scope of work of a task-order-type (3) It contract necessarily encompasses a broad spectrum of activities.
Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC I
licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a
{
licensee or applicant site, the contractor agree a to exercise diligence to discover and disclose any new work at that licensee or epplicant 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 unless a written justification sward date in any event, 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 and any othey documents that are needed to of the proposed contract, 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 H-2 i
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NRC-04-98-054 Section H site, or wh'en the work' violates paragraphs ~ (c) (2), (c) (3) or (c) (4) l of this section.
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(e) Access to and.use of information.
(1) If in the performance of this contract, the contractor obtains access to information, such as NRC. plans, policies, reports,
. studies,. financial plans, internal' data protected by the Privacy Act l
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:
'(1) Use this information for any private puipose until the
'information.has been released to the public; l
(ii) Compete for work for the Commission based on the information for a period of six months after either the completion of thi.s L
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 information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.
(2) In addition, the contractor agrees that, to the extent it l
receives or is given access to proprietary date, data protected by the Privacy Act of 1974 (5 U.S.C.
section 552a '1988)), or the i
Freedom of Information Act (5 U.S.C.
section 552 (1986)), or other l
confidential or privileged technical, business, or financial L
information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of.the information.
(3) Subject'to' patent and. security provisions of this contract, the contractor shall have the right to use technical data it produces l
l under this contract for private purposes provided that all requirements of this contract have been met.
(f)' Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and L
contracting officer, must be appropriately modified to preserve the ji Government's. rights.
i (g)o Remedies. For breach of any of the above restrictions, or for i
h intentional-nondisclosure or misrepresentation of any relevant b
interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the
]
- contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
)
H-3 1
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NRC-04-98-054 Section H (h) Waiver. A request for waiver under this clause must be directed L
in writing to the contracting officer in accordance with the l-procedures outlined in 48 CFR 2009.570-9.
(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.
(1) If the contractor, under'this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual effort'which is based on the statement of work or specifications; The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.
(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.
H.2 2052.215-70 KEY PERSONNEL (a) The following individuals are considered to be essential to the successfu? performance of the work hereunder:
Dr. Michael Podowski The contractor 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 shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also H-4 I
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Section H NRC-04-98-054 contain a complete resume-for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer or
'his/her authorized representative shall evaluate the request and l
l promptly notify the contractor of his or her approval or disapproval in writing.
(d) If the. contracting officer determines that suitable and timely terminated,
' replacement of key personnel who have been reassigned, or have otherwise become unavailable for the contract work is not l
reasonably forthcoming, or that.the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.
l N.3-2052.235-71 PUBLICATION OF RESKARCH RESULTS-UNIVERSITIES (a) The principal investigator (s) / contractor shall comply with the provisions of NRC Handbook 3.8 (formerly MC 3202) and NRC Manual Chapter 3206 regarding publication in refereed scientific and engineering journals or dissemination to the public of any information, oral or written, concerning the work performed under this contract. Failure to comply with this clause shall be grounds for termination of this contract.
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(b) The principal investigator (s) / contractor may publish the results l
of this work in refereed scientific and engineering journals or in l
L open literature and present papers at public or association meetings interim stages of work, in addition to submitting to NRC the atfinal reports and other deliverables required under this contract.
such publication and papers shall focus on advances in
- However, science and technology and minimize conclusions and/or
-recommendations which may have regulatory implications.
(c) The principal investigator (s) shall coordinate all such and~ transmit a copy of the proposed article or publications with, the NRC Contracting Officer or Project Officer, prior to paper to, publication. The NRC agrees to review and provide comments within thirty (30) days after receipt of a proposed publication. However, in those cases where the information to be published is:
(1) subject to Commission approval:
4
-(2) has not been ruled upon, or (3) disapproved by the Commission, the NRC reserves the right to disapprove or delay the publication. "Further, if the NRC disagrees it reserves the right with the proposed publication for any reason, H-5
NRC-04-98-054 Section H to require that any publication not identify the NRC's sponsorship of the work and that any associated publication costs shall be borne by the contractor H.4 2052.235-72 SAFETY, HEALTH, AND FIRE PROTECTION I
The contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of its employees and of members of the public, including l
NRC employees and contractor personnel, and to minimize danger from all hazards to life and property and shall comply with all applicable health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Labor. In the event that the contractor fails to comply with these regulations or requirements, the contracting office may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start order-for resumption of work may be issued at the discretion of the contracting officer. The~ contractor shall make no claim for an extension of time or for compensation or damages by reason of, or in connection with, this type of work stoppage.
H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED f
l (JUN 1988)
I The Government will not provide any equipment / property under this l
contract.
l H.6 SEAT BELTS Contractors, subcontractors, and grantees, are encouraged to adopt and enforce on-the job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.
H.7 YEAR 2000 WARRANTY--NON-COMMERICAL SUPPLY ITEMS The contractor warrants that each non-commercial item of hardware, coftware, and firmware delivered or developed under this contract and listed below shall be able to accurately process date data j:
(including, but not limited to, calculating, comparing, and l
sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the item documentation provided by the contractor, provided that all listed or unlisted items (e.g.
hardware, software, H-6
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NRC-04-98-054 Section H l
firmware) used-in combination with such listed. item properly L
exchange date data with it.
If the contract requires that specific listed items must perform as a system in accordance with the foregoitag warranty, then that warranty shall apply to those listed items as a system.
The duration of-this warranty and the remedies L
available to the Government for breach of this warranty shall be as l
defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in auch warranty provision (s), or in i
the absence of any such warranty provision (s), the remedies L
available tc the' Government under this warranty shall include repair or replacement of any listed item whose.non-compliance is discovered and made known to the contractor in writing within ninety (90) days after acceptance.
Nothing in this warranty shall be construed to
' limit any rights or remedies the Government may otherwise have under this contract with respect to defects other than Year 2000 performance.
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1 H-7
NRC-04-98-054 Section I L
PART II
- CONTRACT CLAUSES CONTi.ACT CLAUSES SECTION I I.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 DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.202-1 DEFINITIONS OCT 1995 52.203-3 GRATU1 TIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997 CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTING / COPYING DOUBLE-SIDED ON JUN 1996 RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTOR'S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION AUG 1996 ALTERNATE II (OCT 1995) 52.215-8 ORDER OF PRECEDENCE--UNIFORM. CONTRACT OCT 1997 FORMAT 52.216-11 COST CONTRACT--NO FEE APR 1984 52.219-8 UTILIZATION OF SMALL, SMALL JUN 1997 DISADVANTAGED BUSINESS AND WOMEN-OWNED l
SMALL BUSINESS CONCERNS 52.222-2 PAYMENT FOR OVERTIME PREMIUMS JUL 1990 52.222-3 CONVICT LABOR AUG 1996 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED APR 1984 WORKERS 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED JAN 1988 VETERANS AND VETERANS OF THE VIETNAM ERA 52.223-2 CLEAN AIR AND WATER APR 1984 52.223-6 DRUG-FREE WORKPLACE JAN 1997 i
52.223-14 TOXIC CHEMICAL RELEASE REPORTING OCT 1996 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN OCT 1996 I-1
1 NRC-04-98-054 Section I PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 ALTERNATE I (APR 1984) 52.227-2 NOTICE AND ASSISTANCE CONCERNING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN 1997 CONTRACTOR (SHORT FORM) 52.227-14 RIGHTS IN DATA--GENERAL JUN 1987 ALTERNATE IV (JUN 1987) 52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984 52.232-20 LIMITATION OF COST APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT JUN 1997 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC AUG 1996 FUNDS TRANSFER PAYMENT 52.233-1 DISPUTES OCT 1995 52.233-3 PROTEST AFTER AWARD AUG 1996 i
ALTERNATE I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997 52.242-13 BANKRUP1CY JUL 1995 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1967 ALTERNATE V (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT AND OCT 1997 LETTER CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.246-23 LIMITATION OF LIABILITY FEB 1997 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997 52.249-5 TERMINATION FOR CONVENIENCE OF THE SEP 1996 GOVERNMENT (EDUCATIONAL AND OTHER NONPROFIT INSTITUTIONS) 52.253-1 COMPUTER GENERATED FORMS JAN 1991 I.2 52.216-7 ALLOWABLE COST AND PAYMENT (FEB 1998)
(a) Invoicing.
The Government shall make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Subpart 31.3 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract and the terms of this The Contractor may submit to an authorized representative contract.
of tne Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.
(b) Reimbursing costs.
(1) For the. purpose of reimbursing allowable costs (except as provided in subparagraph (2) below, with gespect to pension, deferred profit sharing, and employee stock ownership plan contribut ions), the term " costs" includes only--
(i) Those recorded costs that, at the time of the request for I-2
Section I NRC-04-98-054 the Contractor has paid by cash, check, or other form
. reimbursement, of actual payment for items or services purchased directly for the contract; (ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--
(A) Materials issued from the Contractor's inventory and placed in the production process for use on the contract; LB) Direct labor; (C) Direct travel; (D) Other direct in-house costs; and (E) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of progress payments that have been paid to the Contractor's subcontractors under similar cost standards.
(2)
Contractor contributions to any pension or other profit-sharing or employee stock ownership postretirement benefit, in plan funds that are paid quarterly or more often may be included indirect costs for payment purposes; PROVIDED, that the Contractor the close of pays the contribution to the fund within 30 days after the period covered.
Payments made 30 days or more after the close of a period shall not be included until the Contractor actually Accrued costs for such contributions that are makes the payment.
paid less often than quarterly shall be excluded from indirect costs for payment purposes until the Contractor actually makes the payment.
(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) below.
(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.
(c) Small business concerns.
A small business concern may be paid more often than every 2 weeks and may invoice and be paid for recorded costs for items or services purchased directly for the contract, even though the concern has not yet paid for those items or services.
(d) Final indirect cost rates.
(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance l
(FAR) in l
with Subpart 42.7 of the Federal Acquisition Regulation i
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SectionLI p
NRC-04-98-054
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'effect for the period covered by the indirect-cost rate' proposal.
(2)~ (i) The Contractor shall submit an adequate final indirect cost ' rate proposal to the Contracting Officer and auditor within the
)
_6-month period.following the expiration of each of its fiscal years.
L Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with
~
l
_ adequate supporting data.
(ii) The proposed rates shall be based on the Contractor's.
L actual cost experience for that period. The appropriate Government L
representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the l
Contractor's proposal.
(3) The Contractor and the appropriate Government representative f
shall execute a written understanding setting forth the final indirect cost rates.
The understanding shall specify (i) the
. agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, l
(iv) any specific indirect cost items treated as direct costs in the and (v) the affected contract and/or subcontract, settlement, identifying any with advance agreements or special terms and the l
l applicable rates.
The understanding shall not change any monetary i
, ceiling, contract obligation, or specific cost allowance or.
disallowance provided for in this contract.
The understanding _is I
incorporated into this contract upon execution.
l (4) Within 120 days after settlement of the final indirect cost rates. covering the year in which this contract is physically complete (or longer, if approved in writing by the Contracting Officer), the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates.
l (e) Billing rates.
Until final annual indirect cost rates are established for any period, the Gevernment shall reimburse the
. Contractor at billing rates established by the contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established.
These billing rates--
(1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.
(f) Quick-closeout procedures. Quick-closecut procedures are are satisfied.
applicable when the conditions in FAR 42.708(a) the (g) Audit.
At any time or times before final payment, Contracting Officer may have the Contractor's invoices or vouchers Any payment may be (1) reduced by and statements of cost audited.
amounts found by the Contracting Officer not to constitute allowable costs or (2) adjusted for prior overpayments or underpayments.
I-4
i NRC-04-98-054 Section I (h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d) (4) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.
l (2) The Contractor shall pay to the Government any refunds, I
rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government.
Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer.
Before l
final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver--
I (i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which'the Contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except--
(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; i
(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the gelease, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; i
and j
(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding,-however, any expenses arising from the contractor's indemnification of the Government against patent.lianility.
I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)
(a) The Government may extend the term of this contract by written i
i notice to the Contractor within 60 days prior to expiration I-5 j
i Section I NRC-04-98-054 provided, that the Government shall give the contractor a preliminary written notice of its intent to extend at least 60 days before 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 this option provision.
1 (c) The total duration of this contract, including the exercise of any optiona under this clause, shall not exceed 3 years.
I.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon i
i request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es) :
www.arnet. gov /far/
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NRC-04-98-054 Section J PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS l
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SECTION J - LIST OF ATTACEMENTS Name of Attachment Attachment Number I
Billing Instructions 1
l NRC Handbook 3.8 2
NRC Contractor Organizational 3
Conflicts of Interests Regulation MRC Differing Professional Opinion 4
Procedures l
ACH Vendor Payment Form SF 3881 5
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Contractor Spending Plan Instructions 6
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