ML20235L435

Contract: Research Prioritization, Awarded to Sba. Subcontractor:Scientech,Inc

ML20235L435
Person / Time
Issue date:	09/30/1987
From:	Witty M, Ybarrondo L NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), SCIENTECH, INC., SMALL BUSINESS ADMINISTRATION
To:
Shared Package
ML20235L358	List: ML20235L357 ML20235L435
References
CON-FIN-D-2064, CON-NRC-04-87-089, CON-NRC-4-87-89 NUDOCS 8710050468
Download: ML20235L435 (21)

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Page 2 52.219-12 SPECIAL 8(a) SUBCONTRACT CONDITIONS.

(APR1984)

(a) The Small Business Administration (SBA) has entered into Contract No. NRC-33-87-031 NRC with the U.S. Nuclear Regulatory Commission to furnish the supplies or services as described therein, A copy of the contract is attached hereto and made a part hereof.

'(b) Scientec, Inc., hereaf ter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. NRC-33-87-031 for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has deleoated responsibility for the administration of this subcontract to the U.S. Nuclear Regulatory Commission with complete' authority to take any action on behalf of the Government under the terms and conditions of this subcontract.

(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the U.S. Nuclear Regulatory Commission.

(c) Payments, including any progress payments under this subcontract, will be made,directly to the subcontractor by the U.S. Nuclear Regulatory Commission.

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(AV 1-1.713-3(e)(1))

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156. SUPPUCS/SCAVICCS 16C. QUANTITY 160. UNIT '_[ lie. UNIT FAlCE 15F. AMOUNT The contractor shall perform the services as' detailed here 11 entitled "Research Prioritization" in accordance with the Statement of Work ' erein, as ir:plemented t

by SCientech, Inc.'s proposal dated September 10,1 987, as revised September 22, l

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See Clause No. 52.219.11. Sec tion I, for spe cial 8( a) contract Conditions.

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16. TABLE OF CONTENTE

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1 Section B - Supplies or Services and Prices / Costs

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B.1 Introduction and Background NRC has developed a list of research activities to be prioritized as well as a preliminary questionnaire to provide information which will support efforts to accomplish a prioritization assess-ment of each research activity.

It is expected that the contractor will review this list and add other relevant items to modify the questions as deemed necessary.

B.1.1 Objective

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The objective of this project is to develop information and data for consideration by NRC to establish a prioritization ranking of the NRC research activities.

The work will include, developing, confirming and documenting the methodology; data gathering; performing risk and cost analyses; and preparing a written report which cen be used as a basis for prioritizing each specific research activity. The methodology develoaed should be easy to apply, yield consistent results when used by other NRC personnel,

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and be scrutable to a reviewer of the application.

B.2 Consideration and Obligation It is estimated that the total cost to the Government for full a.

performance of this contract will be $199,966.00, of whict the j

sum of $183,455.00 represents the estimated reimbursable costs, I

l and of which $16,511.00 represents the fixed fee.

I b.

There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost performance of that work, The amount presently obligated by the Government with respect c.

to this contract is $50,000.00.

Section C - Description / Specifications / Work Statement C.l Statement of Work This contract consists of four tasks.

TASK I:

DEVELOPMENT AND DOCUMENTATION OF THE PRIORIT The contractor shall develop a prioritization methodology for assessing and ranking of the various research activities, based upon their attri-i I

butes, upon which the prioritization of research can be based.

A draf t report describing the methodology will be provided for NRC review i

and comment.

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TASK II: RECOMMENDED PRIORITIZATION OF TEN RESEARCH ACTIVITIES Using the methodology developed in Task 1 the contractor, in conjunction with appropriate NRC staff, will perform a trial prioritization of no less than five or more than ten research activities selected by the NRC. This task will include (1) the review and study of the information provided describing the research activities being evaluated, (2) participation in the information gathering interviews with the applicable task managers, representatives of the user organization, and other appropriate NRC managers, and (3) recommending a priority of the selected research activities using(1)"and (2) above.

the methodology developed in Task I and the information obtained in The contractor will document and publish a draft report covering the results and supporting data of the prioritization assessment. Upnn.

receipt of comments a final report will be prepared which either:

1) incorporates the review comments where applicable; 2) resolves the non-applicable coninents with the commentor; or 3) if the comment cannot be resolved the final report will identify this difference in opinion.

TASK III: REVISION AND FINALIZATION OF THE PRIORITIZATION METHODOLOGY Based upon the experience gained in prioritizing those issues in Task 11 plus any other appropriate inputs, the research prioritization methodology will be modified accordingly, A final report describing

.the revised methodology will be prepared by the contractor. The p

methodology 'should be simple to use, produce consistent results when used by others, and be scrutable when subjected to review.

TASK IV: COMPLETION OF RECOMMENDED PRIORITIZATION FOR RES ACTIVITIES Using the steps outlined in Task 11 and the methodology finalized in Task III a recommended prioritization of the balance of the NRC research activities is to be accomplished. The chairperson of the

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prioritization team will be one of the contractor's employees.

Others of the team will be a second contractor employee, and repre-l sentatives from appropriate NRC offices. A draf t report on the results of this task will be prepared and submitted for NRC review and comment.

Conrnents will be handled as described in Task'II. The prioritization covering each activity will be finalized and documented.

Scheduling of the interviews with the appropriate NRC personnel will l

be accomplished by the NRC project manager. The project manager will also arrange for conference rocms and/or other facilities as required when the team is meeting in Rockville/Bethesda, Maryland area.

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SCHEDULE, Task I - 45 days after contract award Task II - 90 days after contract award Task Ill - 150 days after contract award j

Task IV - 240 days efter contract award

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All. domest'i8trdv,.el rdquires the prior approval of the Project Officer.,

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t All foreign travel must be mpproved in advance by the NRC on NRC c.

Form 445 and shall Se in pmpliance with 52.247-63 Preference f

For. U.S. Flag Air Cgriers (APR 1984).

SectionD-Packagingandbarkind 4

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' Packaging and. Marking When Del % ring a Psoduct 3

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^ 'The Contractor st 411 package material for shipment to the NRC in such a manner that wi'll insure ageptance by commodcarrier and safe delivery at depination. Corit4iners and closures shall comply with a'

the'Interstric< Commerce Commission Regulations,, Uniform Freight Ii Classification Rules, or regulations of other cirriers'(as applicable i

to the mode of { transportation.

'3 Contractor shall clearlyiden:ih.0n the front of the package, the the contract ndmber under which the f

product is being proEA'ed.

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,y I'A Section E - Inspection and Acceptatte E.1.

Place of Inspection and Acceptance

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O Inspection and ~ acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.

i Section F - Peliveries and Performance F.1 Reports, Docismentttion and Other Deliverable End items Ali technical reports required by Section C and all Technical Progress Reports requNed by Section F are to be prepared in accordance with the attached NRC Manual Chapter 3202. NRC Manual Chapter 3202 is not applicable to the Financial Status Report.

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'N F.2 Technical Progress Report The Contractor shall provide a monthly Technical P.rogress 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 shall identify the title ~ of the project, the contract number, project 1

manager' and/or principal investigator, the contract period of performance, and the period covered by the report.

Each report shall include the following:

'I A listing of the efforts completed during tne period; milestones a.

reached or, if missed, an explanation provided;

.b.

Any problems or delays encountered or anticipated and recommendations for resolution; (if the recommended resolution involves a. contract modification, e.

requirements, level of effort (cost)g., change in work or schedule delay, the Contractor shall submit a separate letter to the Contracting Officer identifying.the required change and estimated cost impact).

c.

A summary of progress to date; and d.

Plans for the next reporting period.

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.F.3 Financia'l' Status Report The Contractor shall provide a monthly Financial Status 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 shall identify the title of the project, the contract number, project manager and/or principal investigator, the contract period of performance, and the period covered by the report. Each report shall include the following for each discrete task:

Provide the total estimated cost (value) of the project as a.

reflected in the contract, the amount of funds available in the contract to date, and the balance of funds required to complete the work as follows:

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Total Estimated Contract Amount.

J 2)

Total Funds Obligated To Date.

3)

Total Costs Incurred This Reporting Period.

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4)

Total Costs Incurred To date.

5)

Balance of Obligations Remaining.

6)

Balance of Funds Required To Complete. Contract.

b.

Detail of all direct and indirect costs incurred during the reporting period for each task.

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F'M Place of Delivery.

l The items to be furnished hereunder'shall be delivered, with all charges paid by the Contractor, to:

a.

Project Officer. ( 7 copies) i U.S. Nuclear Regulatory Commission Contract Number:

NRC-04-87-089 Office of Nuclear Regulatory Research Division of Regulatory Applications Mail Stop:

216 Washington, D.C.

20555 b.

Contracting Officer (licopy)

U.S. Nuclear Regulatory Commission Contract Number:'

NRC-04-87-089 Office of Administration & Resources Management Division of Contracts Contract Administration Branch Mail Stop: AR-2223 Washington, 0.0 20555 4

F5 Duration of Contract Period This contract shall commence on September 30, 1987 and will expire on September 29, 1988.

Section G - Contract Administration Data G.1 Indirect Rates Pending the establishment of final indirect rates which shall be a.

negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect costs as follnws:

Category Rate (%)

Cost Base Overhead

• 85%

Direct Labor ($13,452.67)

Overhead

• V7%

Direct Labor ($39,697.33 )

G&A 6.5%

Total Direct Cost and Overhead ($172,258.00)

• 0verhead in Washington, DC office. This is. a provisional rate.

• • 0verhead in Idaho Falls, Idaho office.

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1 b.

The Contracting Of ficer nay adjust the abo've 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 52.232 Limitation'of Cost ((APR 1984) or 52.232 Limitation of Funds (APR 1984), as applicable, if such change (s) affect (s) performance of work within the established cost or funding limitations.

G.2 Project Officer Authority.

The Contracting Officer's authorized representative hereinafter a.

referred to as the Project Officer for this contract is:

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Name:

James Pittman Address:

U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Division of Re'gulatory Applications Washington, DC 20555 j

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Telephone Number:

301/492-8279 b.

Performance of the work under this contract shall be 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 shif ts work emphasis.between areas of work or tasks, fills in details

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or otherwise serves to accomplish the contractual statement

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of work.

2). Providing 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 inf ormation to be delivered by the Contractor to the Government under the contract.

1 Technical direction must be within the general statemei.t of work c.

stated in the contract.

The Project Officer does not have the authority to and may not issue any technical direction which:

l 1). ' Constitutes an assignment of additional work outside the general scope of the contract.

i 2). Constitutes a change as defined in the " Changes" clause of l

this contract.

3).

In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, oc the time required for contract performance.

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.a 4). Changes any of-the expressed terms,? conditions or specifications of the contract.

5). Terminates the contract or settles any claim or. dispute arising under the contract, or issue any unilateral directive whatever.

d.

All technical directions shall be issued in writing by the Project Officer or shall be confirmed by such person ~ in wri. ting within ten. (10) working days after verba1 ' issuance. A copy of said written direction shall be submitted to the Contracting Officer.

The Contractor shall proceed promptly with the performance of e.

technical directions duly issued by the Project Officer in the manner prescribed by this clrose and within such person's authority-under the provisions of this clause.

~f.

If, in the opinien of the Contractor, any instruction or direction issued by the Prcject Officer is within one'of the categories as defined in c above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of. any such instruction or direction and shall reosest the Contracting Officer to modify the contract accordingly. Upr;n receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the r

Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this i-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 shall be subject to 52.233 Disputes (APR1984).

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in addition to providing technical directicn as defined above, the Project Officer is responsible for:

j 1). Monitoring the Contractor's technical progress, including surveillance and assessment of perfonnance, and recommending to the Contracting Officer changes in requi ren ents.

2). Assisting the Contractor in the resolution of technical problems encountered during performance.

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l 3). Reviewing all costs requested for reimbursement by Contractor and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension.

for.. supplies and services required under this contract.

G.3 Travel Reimbursement.

l Total. expenditure for domestic travel shall not. exceed $37,462.00.

a..

without the prior approval of the Contracting Officer, b.

' The Contractor will be reimbursed for reasonable. domestic travel costs incurred directly and specifically in the performance of this contract. The cost limitations for travel costs are dete mined by the Federal Travel' Regulations that are in effect on the date of the trip. These Regulations specify the daily maximum per diem rates for specific localities within the

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Conterminous United States (CONUS), the standard CONUS rate, the l{

allowance for meals and incidental expenses (M&IE), the cost of travel by privately owned automobile, and the items which-i require receipts. The Contractor can obtain the Regulations from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.

When the Government changes the Federal Travel Regulations, it c.

is the responsibility of the Contractor to notify the Contracting Officer in accordance with the Limitation 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.

d.

The rates for any NRC approved foreign travel under this contract are established by the U. S. Department of State and are listed in a publication entitled " Maximum Travel Per Diem Allowances For Foreign Areas".

Copies of this publication may be obtained from V. S. Government Printing Office, Washington, D.C.

20402 G.4 Method of Payment Payment under this contract will be made by wire transfer a.

through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.

b.

In the event that the Contractor's fin,ancial institution has access to the Federal Reserve Communications Systen, the Contractor shall forward the following information in writing to the Contracting Officer within seven days after the effective date of the contract.

.-___.________.__.__.________._____d

~

4 1).

Name and address of organization; 2). Contact person and telephone number.

3). 'Name and address of financial institution.

4). Contractor's Financial institution's 9-digit ABA identifying number for routing transfer of funds.

5). Telegraphic abbreviation of Contractor's financial institution.

6). Account number at Contractor's financial institution.

7).

Signature and title of person supplying this information.

In the event the Contractor's financial institution does not c.

have access to the Federal Reserve Communications System, the Contractor shall forward the following information with regard to a' correspondent or alternate financial institution. The information shall be in writing and submitted to the Contracting Officer within seven days after the effective date of the contract.

1). Name' and address of organization.

2).

Contact person and telephone number.

)-

3). 'Name and address of financial institution.

4). Telegraphic abbreviation of Contractor's financial institution.

5). Account number at Contractor's financial institution.

6). Name and address of the correspondent financial institution that has access to the Federal Reserve Communications

System, 7). Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds.

8). Telegraphic abbreviation of correspondent financial institution.

9). Signature and title of person supplying this information.

I d.

Any changes to the information furnished under this clause shall be furnished to the Contracting Officer in writing.

It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.

j

G.5 Payment Due Date, Payments under this contract will be due 30 calendar days after a.

the later of:

1)

The date of actual receipt of a proper invoice in accordance with the attached " Billing Instructions", or 2)

The date the final deliverable product / service is accepted by the Government.

b.

For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of the final deliverable product / service performed in accordance with the terms of the contract.

If the final product / service is rejected for failure to conform c.

to the technical requirements of the contract, the provisions in paragraph b of this clause will apply to the new delivery of the final product / service.

d.

The date of payment by wire transfer through the Treasury Financial Communications System shall be considered the date payment is made for individual payments exceeding $25,000. The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less.

)

G.6 Interest on Overdue Payments.

a.

The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payment of the expiration invoice under this contract and requires the payment of interest to Contractors on overdue payments of the expiration invoice or improperly taken discounts.

b.

Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of fianagement and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations, OMB Circular A-125 provides that:

1)

Interest penalties are not required when payment is delayed because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contra ct.

2)

Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date.

Interest l

will be computed from the day af ter the due date through the payment date.

i

c.

For purposes of this clause,. an expiration invoice is defined as a claim submitted for costs incurred for performance through the expiration date of a Cost Type contract.

G.7 Remittance Address If item 15c. of the Standard Form 33 has been checked, enter the remittance address below.

Name:

Address:

1 Section H - Special Contract Requirements H.1 Key Personnel The following individuals are considered to be essential to the a.

successful performance of the work hereunder.

'ennis lieier Lawrence J. Ybarrondo D

H. Donald Curet Roger Mattson The Contractor agrees that such personnel shall not he removed from the contract work or replaced without compliance with paragraphs h and c hereof.

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 lese 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 such personnel with personnel of at least substantially equal ability and qualifications.

All requests for approval of substitutions hereunder must c.

be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and other information requested by the Contracting Officer to approve or disapprove the proposed substitution.

The Contracting Officer will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof in writing.

1 l

H l

d.

If the' Contracting Officer _ determines that suitable and timely replacement of key.personne1' who have -been reassigned, terminated or have'otherwise become unavailable for the contract work is not' reasonably forthcoming or. that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the Contracting Officer.

for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he/she 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.

H. 2.

Dissemination of Contract Information.

The Contractor shall comply with the requirement of NRC Manual Chapters 3202 and 3206 regarding publication or dissemination to the public of any information, oral or written, concerning the work performed under this contract. Failure to comply with this clause i

shall be grounds for termination of this contract.

H.3 '

Private. Use of Contract Information and Data.

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or~ furnished the Contractor.in the performance of this contract, shall be used only in connectior. with the work under this' contract.

H.4 Drawings, Designs, and Specifications.

i All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work or any part thereto, shall be subject O

e

'f-to inspection by the Commission at all reasona'ble' times (for which inspection the proper facilities 4 shall be afforded the Commission by the Contractor and its subcontractors), shell be the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for' additional compensation.and shall,.

. Subject to the right _of-the Contractor to retain a copy of said material for its own use,.be delivered to the Government, or

~

otherwise disposed of by the Contractor either.as the Contracting, Officer may. from time to time direct during the progress of the work or'in any event as the Contracting Officer shall direct upon completion or' termination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use-of information provisions, if any, of this contract.

.. H.5 Contractor Organizational Conflicts of Interest (0MB Clearance Number 3150-0112) a.

Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor:

1).

Is notL placed on a. conflicting role because of current or planned interest (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 herein shall apply to performance or participation by the Centractor as defined in 41 CFR 920-1.5402(f) in the activities covered by this clause.

c.

Work for Others.

Notwithstanding any other provision of this contract, during the tern of this contract, the Contractor agrees to forgo antering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work-being performed under this contract.

The Contractor shall ensure that all employees who are employed full time under this contract and employees designated as. key personnel, if any, j_

l under this contract abide by the provision of this clause, if the Contractor believes with respect to itself or any such l

j-employee that any proposed consultant'or other contractual l

arrangement with any firm or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.

d.

Disclosure af ter 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 41 CFR 20-1.5402(a).

t.

c ;..

E 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 shall 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, terminate the contract

' for convenience if. it deems such termination to be in the best interests of the Government.

e.

Access to and use of information.

1).

If the Contractor in the performance of this contract.

k obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected r

by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees j

not to:

'l (i) Use such information for any private purpose until the.

'l information has been released to.the public; (ii) Compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release j

of such information to the public, whichever is first; 4

9 (iii) Submit an unsolicited proposal to the Government based on such infomation until one year after the release of such information to the public, or (iv) Release the information without prior vritten approval by the Contracting Officer unless such 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 Privecy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the information.

3.

The Contractor shall have, subject to patent and security provisions of this contract, 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 41 CFR 20-1.5402(h), the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract,"

" Contractor," and " Contracting Officer," shall be appropriately modified to preserve the Government's rights.

4

m g.

Remedies. For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant e

interest required to he' disclosed concerning.this contract or

' for such erroneous representations' as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from sub equent contractual' efforts,

'and pursue'other remedies as may be permitted by law or this contract.

h.

Waiver. l A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director.for Operations (ED0) in accordance with.the i

procedures outlined in 920-1.5411.

H. 6 Government Furnished Property / Materials The NRC will provide a preliminary RES activities list (Attachment 4 and a preliminary prioritization questionnaire (Attachment 5).

PART 11 - CONTRACT CLAUSES Section 1 - Contract Clauses j

52.219-11 SPECIAL 8(a) CONTRACT CONDITIONS.

(APR 1984)

The Small Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set-forth in this contract q

according to the specifications and the terms and conditions hereof by j

i,-

subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act,'as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this ' contract may be terminated either in whole or in part without cost to either party.

(c) Delegates to.the U.S. Nuclear Regulatory Commission the responsibility for administering the subcontract to be awarded hereunder with completc

, authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the U. S. Nuclear Regulatory Commission shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the U.S. Nuclear Regulatory Commission.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the

" Disputes" clause of said subcontract.

(End of clause)

(AV FPR 1-1.713-3(d)(1))

52.233-3 PROTEST AFTER AWARD (JUN 1985)--Alternate 1 (J0N 1985)

(a) Upon receipt of a notice of protest (as defined in 33.101 of the FAR) the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. ~ Upon receipt of the order, the Contractor shall immediately comply with its tenns and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage..Upon receipt of the final decision in the protest, the Contracting Officer shall either--

(1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Termination clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or af ter a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a combination therecf, and in any other terms of the contract that may be affected, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor requests an adjustment within 30 days after the end of the peridd of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under

)

this cortract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order ;s not canceled and the work covered by the crder is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

(End of Clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE.

(APR 1984)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

l 1

[

I.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT.

(APR 1984)

Section F 52.212-13 STOP-WORK ORDER.-- Alternate 1 (APR 1984) 52.247-34 F.O.B. DESTINATION.

(APR 1984)

Section I

{

l 52.202-1 DEFINITIONS.

(APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT.

(APR 1984)

I 52.203-3 GRATUITIES.

(APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES.

(APR 1984) i 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL.

(APR 1984) l 52.215-2 AUDIT--NEGOTIATION.

(APR 1984) j 52.215-30 FACILITIES CAPITAL COST OF MONEY.

(APR 1984) l 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY.

(APR 1984) i 52.215-33 ORDER OF PRECEDENCE.

(JAN 1986) 52.216-7 ALLOWABLE COST AND PAYMENT.

(APR 1984) 52.216-8 FIXED FEE.

(APR 1984) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS.

(JUN 1985) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES.

(AUG 1986) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS.

(APR 1984) 52.222-3 CONVICT LABOR.

(APR1984) 52.222-26 EQUAL OPPORTUNITY.

(APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA l

VETERANS. (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS. (APR 1984) 52.227-1 AUTHORIZATION AND CONSENT.

(APR 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT.

(APR 1984) 52.228-7 INSURANCE LIABILITY TO THIRD PERSONS. -(APR 1984) 52.232-17 UTEREST.

(APR 1984) 52.232-20 LIMITATION OF COST.

(APR 1984) i 52.232-22 LIMITATION OF FUNDS.

(APR 1984) 52.232-23 ASSIGNMENT OF CLAIMS.

(JAN 1986) 52.233-1 DISPUTES.

(APR 1984) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS.

(APR 1984) l 52.243-2 CHANGES--COST-REIMBURSEMENT.

(APR 1984)--Alternate I.

(APR 1984) 52.244-2 SUBCONTRACTS (C0ST-REIMBURSEMENT AND LETTER CONTRACTS).

i l

(JUL 1985) 52.244-5 COMPETITION IN SUBCONTRACTING.

(APR 1984) 52.246-25 LIMITATION OF LIABILITY--SERVICES.

(APR 1984) 52.249-6 TERMINATION (COST-REIMBURSEMENT).

(MAY 1986) 52.249-14 EXCUSABLE DELAYS.

(APR 1984) i-

PART 111 - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS l

Section'J - List of Attachments J.]

Attachments Attachment Number Title 1

NRC Contractor Organizational Conflicts of Interest I

(41 CFR Part 20) 1 2

Billing Instructions for Cost Type Contracts j

3 NRC Manual Chapter 3202 4

Activities List 5

Questionnaire (Will be provided by Project Officer within one week from the effective date of the contract.)

f-Iv l

I I

,