ML20237E156
| ML20237E156 | |
| Person / Time | |
|---|---|
| Issue date: | 08/24/1998 |
| From: | Lobello F, Pool S NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE & ENGINEERING ASSOCIATES, INC. |
| To: | |
| References | |
| CON-NRC-02-98-006, CON-NRC-2-98-6 NUDOCS 9808280290 | |
| Download: ML20237E156 (32) | |
Text
f 1 THIS CONTRACT fS RATED ONDER AWARD / CONTRACT UNDER DPAS ns CFR asO. .
RA11NG ;PAGE Of PAGES 2 CONTRACT No (Peec la.t edent )
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'3 (FfECTIVE DATE 1 32 NRC 02 98 006 4 REQUISITION faVHCHASE h[ QUEST! PRO.pf CT NO 5 tGSUEO SY l73ggj[ggligg lNies98006 COOE _ _ _
U.S. Nuclear Regulatory COnriilssion - - - - - - .l6 ADMINISTtRFDfitSY othee th.n it.m 51 l
. CODE DivislOn of Contracts and Property Mgt. !
Attn; 147 1 2 W;shington DC 20555' 7 NAME AND ADDRESS OF CONTRACTOft h . . Deet, city. county. St.ee .nd ZIP C.de) s.DEuvERY Science and Engineering AssOClates, Inc.
6100 Uptown Blvd, NE Suite 700 Albuquerque NM 87110 m
[ FOB ORIGIN ,X,j OTHER 'See b. lown 9 DISCOUNT FOR PROMPT PAYMENT net 30 l 10. susMiT #NvoiCEs ::TEu id co e. un.. .ih., .e
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.pec,,,.di 5 IFACiuTY COOE TO THE ADDRESS $HOWN IN f t. $HfP TO/ MARK FOR .
CODE 12. PAWENT Wu BE MADE BV See SectfOn F CODE U.S. Nuclear Regulatory CoriimissiOn Office of tne Chief Financial Officer Attn: T-9H4 Washington DC 20555
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 14 ACCOUNTING AND APPROPRIATION DATA
[ 10 u s C. asonicia: C4 U.s C. 25sicli t Fund $ Nill be obligated on individual task Orders when iissued.
ISA (TEL1NO 158 $UPPuESSERVICES l 15C. QUANTITY ISD. UNIT l 16E. UNIT PRICE 16F. AMOUNT See Section 8 9808280290 980824 l PDR CONTR NRC-02-98-006 PDR nO TOT At -T OF CONTRACT > $643,567.
(Kl 16. TABLE OF CONTENTS See Attached Table of Contents l $EC. l- UESCfufrilON l PAGE(St W l SEC. l DESCR1PTION PARTI THE SCHEDULE l PAGEIS)
A PART ll . CONTRACT CLAUSES SOUCTTATION/ CONTRACT FORM l t CONTRACT CLAUSES S f SUPPUES OR SERVICES AND PRiCESrCOSTS PART lli . tIST OF DOCUMENTS, E KHIBITS ANO OTHER ATTACH C
DESCRIPTION / SPECS / WORK STATEMENT 9 fJ luST OF ATTACHMENTS PACKAGING AND MARKING E PART IV . REPRESENTATIONS AND INSTRUCTION $
INSPECTION AND ACCEPTANCE P DEuvERIES OR PEflFORMANCg g REPftESENTAflONS.CERTIF6CATlONS AND OTHER STATEMENTS OF OFFERORS O
CONTRACT ADMINISTRATION DATA L
N SPECIAL CONTRACT ftEOUlfqEMENTS INSTRS . CONDS . AND NOTICES TO OFFEft M
EVALUATION FACTORS FOR AWARO
. CONTRACTOR'S NEGOTIATED AGREEMENT (Contr.ctet 4. eequered to son ttu. 1s. AWARD IContr.ctor i. not requered to gn the. document ) Yout ofi., on document .nd return two c. pee to s ueno olface.l Contr.ctor .yee to furvush end dehver .41 stem. .t perform .11 the service. .et forth et othee.,ae Sohtstonen Number _ . encludin0 the adenuteed .h.ve .nd .n .ny contmu. hen ." Wet, f.t the con., der. Hen .t.ted h.f=n. The Mgt,1. .ddshon, et ch.ng.. rn.de by you .fuch .ddihon. or ch.nge. .re .et forth in fu. .bo.e. 46 hee.by
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( 19A. NAME AND TITLE OF $4GNER (Type or pand 'T)\-CD, 20A. NAME OF CONT _RACTlNG OFFICER Frcnces C. LoBello. Sr. Contracts Adm. O Db4bb , h & ^~
TABLE'OF CONTENTS PAGE e
PART I - THE SCHEDULE. . . . . . . . .. . . . . . . . . . . . . . . . . . 1 ,
I SECTION A.- SOLICITATION / CONTRACT FORM . . . . . . . . . . . . . . . . . 1 i SF'26. AWARD / CONTRACT Page 1 of Pages . . . . . . . . . 1 i
.SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS . . . . . . . . . . . . 4 B.1- PROJECT TITLE . . . . . . . . . .. . . . . . . . . . . . . . . . 4 1 B.2 BRIEF DESCRIPTION OF WORK (MAR 1987). . . . . . . . . . . . . . 4 ALTERNATE 1 (JUN 1988)
B.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989). . . . . . 4 '
B.4 -SUBCONTRACTING PLAN. . . . . . . . . . . . . . . . . . . . . . . 5 SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK . . . . . . . . 6 C.1. STATEMENT OF WORK. . . . . . . . . . . . . . . . . . . . . . . 6 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . 9 D.1 PACKAGING AND MARKING (MAR 1987). . . . . . . . . . . . . . . . 9
.SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . 10 1 E.1. . NOTICE-LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . 10 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) . . . . . . . . . 10 SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . 11 i F1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY-REFERENCE . . . 11 i F.2 2052.212-70 PREPARATION OF TECHNICAL REPORTS . . . . . . . . . 11 F.3 2052.212-71 . TECHNICAL PROGRESS REPORT. . . . . . . . . . . . . 11 F.4 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995)' . . . . . 12 F.5 PLACE OF DELIVERY--REPORTS (JUN 1988) . . . . . . . . . . . . . 13 F.6. RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS . . . . . 13 (DPVs)
F.7' DURATION OF CONTRACT-PERIOD (MAR 1987). . . . . . . . . . . . . 14 ALTERNATE 1 (JUN 1988)
'F8 ADDITIONAL DELIVERABLES . . . . . . . . . . . . . . . . . . . . 14 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . 16 G.1 -2052.215 PROJECT OFFICER AUTHORITY. . . . . . . . . . . . . 16 d
.G.2- 2052.215-82 TRAVEL REIMBURSEMENT-ALTERNATE 1 . . . . . . . . . 18 G.3 2052.215-83 TRAVEL APPROVALS . . . . . . . . . . . . . . . . . 18 i G.4 2052.216-71 INDIRECT COST RATES. . . . . . . . . . . . . . . . 18 .f
'G.5 2052.216-74 TASK ORDER PROCEDURES. . . . . . . . . . . . . . . 19 I G.6 2052.216-75 ACCELERATED TASK ORDER PROCEDURES. . . . . . . . . 20 ;
.G.7' ELECTRONIC PAYMENT. . . . . . . . . . . . . . . . . . . . . . 21 SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . 22 H.1 -2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS. . . . . . . . 22 OF INTEREST H.2 2052.215 KEY PERSONNEL. . . . . . . . . . . . . . . . . . . 25 i H.3- GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED . . . . 26
.(JUN 1988).
H.4 SEAT BELTS. . . .. . .. . . . . . . . . . . . . . . . . . . . . . 26 PART II .- CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . 27 L
SECTION'I -
CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . 27 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . 27 L - . - . _ _ _ _ _ _ _ _ __ _ ____ _ _
TABLE OF CONTENTS PAGE j
. I.2 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA. . . . . . . . 29 OR INFORMATION OTHER THAN COST OR PRICING DATA--
MODIFICATIONS (OCT 1997)
-I.3 52.216-18 ORDERING (OCT 1995) . . . . . . . . . . . . . . . . 30 I'.4 52.216 REQUIREMENTS (OCT 1995) . . . . . . . . . . . . . . 30 I.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . 31 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . . . . 32 SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . 32 1
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NRC-02-98-006 Section B PART I - THE SCHEDULE l
SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS B.1 -PROJECT TITLE
! The title of this project is as follows:
" Update Fuel Cycle Safety and Safeguards Regulatory Guidance Documents" B.2 BRIEF DESCRIPTION OF' WORK (MAR 1987)
ALTERNATE 1 (JUN 1988)
(a) Brief description of work: The contractor shall provide assistance to the Division of Fuel Cycle Safety and Safeguards, NMSS, to update its guidance information in the area of physical protection.
(b) Orders will be issued for work required by the NRC in accordance with 52.216 Ordering. Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this contract. The provisions of this contract shall govern all orders issued hereunder.
D.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989)
(a) The total estimated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under this contract is $643,567. The Contracting Officer may unilaterally increase this amount as necessary for orders to be placed with the contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.
(b) The' Contracting Officer will obligate funds on each task order
-issued.
(c) A total estimated cost as well as any fee, if any, will be I negotiated for each task order and-will be incorporated as a ceiling J in the resultant task order. The Contractor shall comply with the 1 provisions of 52.232 Limitation of Cost for fully funded task {
orders and 52.232 Limitation of Funds for incrementally funded j l . task. orders, issued hereunder.
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NRC-02-98-006 Section B D4 SUBCONTRACTING PLAN The contractor's small, small disadvantaged, and women owned small i business subcontracting plan dated March 5, 1998 is hereby approved and incorporc'.ed into and made a part of this contract. A' copy of this plan is attached in Section J as Attachment No. 6.
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'O NRC-02-98-006 Section C SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK C.1 STATEMENT OF WORK BACKGROUND NRC develops and issues guidance documents, in the forms of regulatory guides, NUREG reports, and Information Notices, to provide its licensees with information regarding compliance with the Commission's regulations that are contained in Title 10, Chapter I, of the Code of Federal Regulations, and approaches that would be acceptable to the NRC for meeting the intent of those regulations. Since many of the guidance documents were issued in the 1970's and 1980's, and thus address the technologies, safety policies, and regulations of that time, there is a need to update these documents to reflect current information. The work performed under this contract shall involve guidance documents that provide information on safety and safeguards issues to NRC fuel cycle licensees under the purview of the Office of Nuclear Material Safety and Safeguards (NMSS). These licensees are involved in operations involving source and special nuclear material (SNM) operations.
In addition, development of or update to guidance information that is applicable to NMSS-license reviewers and inspectors may be needed.
OBJECTIVE The objective of this contract is to provide assistance to the-Division of Fuel Cycle Safety and_ Safeguards (FCSS), NMSS, to recommend revisions and updates to its guidance information in the areas of physical protection. Although regulatory guides, NUREG reports, Information Notices, and Inspection Manual chapters may be involved in this activity, the majority of existing documents in need of revision are in the form of regulatory guides. This work will involve regulatory guides under FCSS oversight that are found in 5 of 10 broad divisions.
The 5 divisions are as follows:
- 3: Fuels and Materials Facilities H#4: Environmental and Siting
- 5: Materials and Plant Protection
- 8: Occupational Health
- 10: General As needs are identified, the contractor shall provide assistance-by performing one or more of the following activities: (1) recommend replacement text for revising current guidance documents to reflect current or improved technologies or current NRC. policies and regulations; (2) prepare formal reports that consolidate guidance documents into a single document; (3) develop formal reports that include Page 6 of 32 l
I_ NRC-02-98-006 Section C o
suggested text for developing new guidance documents; (4) perform peer reviews by experts in certain specialty areas; l and/or (5) develop technical reports on specific technologies '
as a basis for future guidance development, in the format of NUREG or letter reports.
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In addition, development of formal reports providing updates to
! guidance information that is applicable to NRC license reviewers and NRC inspectors may be needed. This guidance is in the form of a standard review plan (SRP) that provides direction on the review of license applications, amendments, and renewals or contained in the NRC Inspection Manual that provides guidance for the inspection of facilities under NMSS' purview.
SCOPE OF WORK The contractor shall have the capability to provide the following types of assistance in the areas of physical protection.
Task Area - Physical Protection Contractor assistance provided in this task area could include one or more of the following activities. Some examples of work that might be requested are as follows:
a Review of guidance or pertinent documents, which are used by NRC licensees, license reviewers, and inspectors, related to the physical protection of SNM. This review shall result in recommendations for: (1) revisions to current guidance documents to reflect current or improved technologies or current NRC policies and regulations; (2) consolidation of guidance documents into a single document; and/or (3) development of formal reports that include suggested text for revising or developing guidance documents as needs are identified and as the NRC budget permits. Recommendations resulting from this review shall be provided to the NRC in report format.
- b. As approved by NRC, the contractor shall prepare recommended text that the NRC will use to implement contractor recommendations in paragraph (a) above and/or implement recommendations developed by NRC for revisions to current guidance documents, consolidation of guidance documents into a single document. The contractor shall develop formal reports as new guidance documents based on the needs that are identified and as the NFC budget permits. Formal reports i developed in this task area shall be submitted to the NRC in the format of a NUREG/CR report.
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- c. The contractor shall perform peer reviews of guidance and pertinent documents by experts in the area of physical protection. The results of these reviews shall be provided to the NRC in report format.
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NRC-02-98-006 Section C
- d. Development of technical reports on specific physical protection technologies and submittal to the NRC in report
. format.
Examples of activities in this task area include, but are not l limited to:
1 Development of recommendations for consolidating regulatory l guides on physical protection of strategic special nuclear material (SSNM) transportation, including an update to the guidance documents to reflect NRC's current policy on physical protection and transportation.
Conducting a peer review on a planned revision to Regulatory Guide 5.55, Standard Format and content of Safeguards Contingency Plans for Fuel Cycle Facilities.
Developing technical reports, in NUREG format, on emerging physical security technologies, such as low light level and infrared video cameras, video capture and motion detection systems, satellite communications, transportation security, contingency planning, tactical response equipment, biometric entry control equipment, SNM and SNM-shielding detectors.
MEETINGS AND TRAVEL The number, purpose, and location of meetings and travel will be described in individual task orders. All travel associated with this S0W shall be approved in advance. All such travel shall result in trip reports, which may be issued separately or as part of the next monthly letter status report. Copies of separately issued trip reports shall be submitted within 15 days of the completion of travel. When practical, telephonic conference calls shall be held in lieu of meetings at NRC Headquarters.
Any foreign travel, if authorized by the NMSS/FRIB TM, must be approved by the NRC Executive Director for Operations. See clause in Section G. The contractor shall submit its request to NRC at least 45 days in advance of the travel to allow for processing of the request. NRC Forms 279 and 445 must be completed for approval of foreign travel (see NRC Management Directive and Handbook 14.1). NRC will provide these forms as required.
NRC FURNISHED MATERIAL To facilitate the work to be performed, the Task order Technical Monitor will provide the contractor with pertinent documents as necessary to complete the assigned work within 10 days from the effective date of each task order. Pertinent documents will be identified on a task-by-task basis.
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NRC-02-98-006 Section D SECTION D - PACKAGING AND MARKING D.1- PACKAGING AND MARKING (MAR 1987)
The Contractor.shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe
-delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable
-to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the product'is being providec 1
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NRC-02-98-006 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252 2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. FAR 52.252-2 contains the internet address for electronic access to the full text of a clause.
NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.246-5 INSPECTION OF APR 1984 SERVICES--COST-REIMBURSEMENT E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.
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NRC-02-98-006 Section F j SECTION F - DELIVERIES OR PERFORMANCE l
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" in Section I of this contract. FAR 52.252-2 contains the internet address for electronic access to the full text of a clause.
NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.242-15 STOP-WORK ORDER AUG 1989 ALTERNATE I (APR 1984)
F.2 2052.212-70 PREPARATION OF TECHNICAL REPORTS All technical reports required by Section C and all Technical Progress Reports required by Section F are to be prepared in accordance with the attached Management Directive 3.8, " Unclassified Contractor and Grantee Publications in the NUREG Series." Management Directive 3.8 is not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract. (See Section J for List of Attachments).
F.3 2052.212-71 TECHNICAL PROGRESS REPORT l
The contractor shall provide a monthly Technical Progress Report to the project officer, technical monitor and the contracting officer. The report is due within 15 calendar days after the end of the report period and must identify the title J 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:
l -(a) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanation provided; (b) Any problems or delays encountered or anticipated and recommendations for
, resolution. If the recommended resolution involves a contract modification, l 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.
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NRC-02-98-006 Section F
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(c)nA summary of progress to date; and
.(d)' Plans for the next reporting period.
F.4 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995)
The contractor shall provide a monthly Financial Status Report to the project officer, technical monitor and the contracting officer. Also, whenever the report references the acquisition of, or changes in status of, property valued' at the time of purchase at $50,000 dr more, send a copy of the report to the Chief, Property Management Branch, Division of Facilities and Property Management, Office of Administration. The report is due within 15-calendar days after the end of the report period and shall identify the title of the project, the contract number, job. code, project manager and/or principal investigator, the contract period of performance, and the period covered by the report. Each report must include the following for each discrete task:
(a) Total estimated contract amount.
(b) Total funds obligated to date.
(c) Total costs incurred this reporting period.
(d)~ Total . costs incurred to date.
(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task, if it is a task ordering contract.
(f) Balance of obligations remaining.
(g) Balance of funds required to complete contract / task order.
(h) Contractor Spending Plan (CSP) status:
(1) Projected percentage of completion cumulative through the report period )
for the project / task order as reflected in the current CSP. !
4 (2) . Indicate if there has been a significant change in the original CSP projection in either dollars or percentage of completion. Identify the change, the reasons for the change, whether there is any projected overrun, and when additional funds would be required. If there have been no changes to the t 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 i contractor orithe contracting officer has reason to believe that the total cost 1
-for performance of this' contract will be either greater or substantially less !
than what had been previously estimated.
(i)L Property status:
! (1) List property acquired for the project during the month with an
' acquisition cost of $500 or more and less than $50,000. Give the item number Page 12 of 32 L=--_-_---_-_-___-_________-_
NRC-02-98-006 Section F for the specific piece of equipment.
(2) List property acquired for the project during the month with an acquisition cost of $50,000 or more. Provide the following information for each line-item of property: item description or nomenclature, manufacturer, model 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."
(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 Octcber 1, 1995) showing the above information.
(4) In the final monthly status report provide a close-out property report containing the same elements described above for the monthly financial status reports, for all property purchased with NRC funds regardless of value unless title has been vested in the contractor. If no property was acquired under the contract, provide a statement to that effect. The report should note any property requiring special handling for security, health, safety, or other reasons as a part of the report.
(j) . Travel status:
- List the starting and end dates for each trip, the starting point and destination, and the traveler (s) for'each trip.
If the data in this report indicates a need'for additional funding beyond that already obligated, this information may only be used as support to the official request for funding required in accordance with the Limitation of Cost (LOC)
Clause (FAR 52.232-20) or the Limitation of Funds (LOF) Clause FAR 52.232-22.
F.5 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 (1 copy)
(b) Technical Monitor (1 copy)
(c) Task Order Technical Monitor (1 copy)
(d)' Contracting Officer (1 copy)
F.6 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS l (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 Page 13 of 32
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NRC-02-98-006 Section F may arise when an NRC-contractor, contractor's personnel, or subcontractor i personnel believes that a conscientious expression of a competent judgement is
' . 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 l who shall, in turn, provide a copy of the procedure to its employees. NOTE:
The prime contractor or subcontractor shall submit all DPV's received by need not endorse them.
F.7 DURATION OF CONTRACT PERIOD (MAR 1987)
ALTERNATE 1 (JUN 1988)
The ordering period for this contract shall commence on the contract effective date. set forth at block 3 of the SF 26 Award / Contract and will expire 5 years thereafter. Any orders issued during this period shall be completed within the time specified in the order, unless.otherwise specified herein. (See 52.216-18 l - Ordering).
F.8 ADDITIONAL DELIVERABLES i
Except for the monthly technical and financial status report required (See Section F.3 and F.4), the schedule and type of i deliverable products for this project shall be determined on a task-by-task basis. Contractor products and delivery schedule to the NRC and the NRC's schedule for review and delivery of comments to the contractor shall be determined by the level of l complexity of the subject matter and the number of products i being developed concurrently within and among each task area.
The contractor shall prepare all deliverables in Wordperfect l 6.1, unless directed otherwise, and submitted to the NRC with a paper and disk copy as noted below. Draft products will be l
noted as such by use of a watermark. The following is representative of the type and number of deliverables that could be expected from each task order. j
- a. Within 3 weeks after issuance of each task order, the I contractor shall provide NRC a draft outline, of one or more of
! the following: (1) proposed recommendations for revising, l consolidating, or developing formal reports as a new guidance document; (2) proposed content for a revised, consolidated, or formal reports as a new guidance document; and/or (3) draft technical report on specific technologies that are identified in the specific task order,
- b. Within 3-4 weeks after receipt of each draft outline in (a) above, NRC shall review and provide comments to the contractor. I Page 14 of 32
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e NRC-02-98-006 Section F
- c. Within 1-2 weeks after receipt of NRC comments in (b) above, contractor shall provide final report outline to NRC.
- d. Within 2-5 weeks after completion of the final outline in (c) above, contractor shall provide the NRC with the first draft of the formal report identified for development. The document being prepared could include one or more of the following: (1) draft recommendations for revising, consolidating, or developing a formal report as a new guidance document; (2) draft revisions to and/or consolidation of current guidance documents and/or a draft of consolidated, or formal reports as a new guidance document; and/or (3) draft technical report on specific technologies that are identified in the specific task order,
- e. Within 3-6 weeks after NRC receipt of the draft document in (d) above, NRC will provide comments to the contractor.
- f. Within 2-4 weeks after contractor receipt of NRC comments in (e) above, contractor will provide NRC a revised draft document. l
- g. Within 3-6 weeks after NRC receipt of revised draft ;
document in (f) above, NRC will provide comments to the l contractor. i
- h. Within 2-4 weeks after contractor receipt of NRC comments I in (g)-above, contractor will provide NRC the final report. )
1 The following is representative of the type and number of ;
deliverables that could be expected from task orders involving i the conduct of peer reviews.
- a. Within 3 weeks after issuance of task order, the contractor shall provide the NRC a draft outline of the topics to be addressed in the peer review.
- b. Within 3-4 weeks after receipt of draft outline in (a) above, NRC shall review and provide comments to the contractor.
- c. Within 1-2 weeks after receipt of NRC comments, contractor shall provide the final outline to NRC.
- d. Within 4-8 weeks after completion of the final outline in (c) above, contractor shall provide a report to NRC, which contains the findings and conclusions from the peer review.
- e. Within 3-4 weeks after receipt of the report in (d) above, a meeting or conference call will be held, if needed, between the contractor and NRC for the purpose of providing clarification to the NRC on the report's findings and conclusions. If no further clarification is needed by NRC, contractor shall be notified by the Task Order Technical Monitor in writing or electronically (via e-mail).
Page 15 of 32 L___-____-_-______-____-___-__________-___ __ - - -- - - - - -
p.
NRC-02-98-006~ Section G SECTION G , CONTRACT ADMINISTRATION DATA r
l
@.1 2052.215-71 PROJECT OFFICER AUTHORITY (a): The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:
Name: Ms. Donna ~ Umbel Address: U.S.N.R.C.
Office of Nuclear Material Safety and Safeguards MS T-8-A-23 Washington, DC 20555 Telephone Number: 301-415-7819 (b) Performance of the work under this contract is subject to the technical direction of the NRC project officer. The term technical direction is defined to include the following:
(1) -Technical direction to the contractor which shifts work emphasis between areas of work or tasks, fills in details, or otherwise serves to accomplish the contractual statement of work.
.(2) ' Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work description.
-(3) Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.
4 (c) Technical direction must be within the general statement of work stated in.the contract. The project officer does not have the authority to and may not issue any technical direction which:
(1) Constitutes an assignment of work outside the general scope of the contract.
(2) Constitutes a change as defined'in the " Changes" clause of.this contract.
(3) In any way cause an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for l
contract performance.
.(4) Changes any of the expressed terms, conditions, or
@ specifications of the contract.
(5).-Terminates the contract', settles any claim or dispute arising Page 16 of 32 i
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NRC-02-98-006 Section G under the contract, or issues any unilateral directive whatever.
(d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer.
(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. l
\
(2) Assist the contractor in the resolution of technical problems encountered during performance.
(3) Review all costs requested for reimbursement by the contractor l 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-02-98-006 Section G G.2 2052.215-82 TRAVEL REIMBURSEMENT-ALTERNATE 1 (a) The contractor is encouraged to use Government contract airlines, AMTRAK rail services, and discount hotel / motel properties in order to reduce the cost of travel under this contract. The contracting officer shall, upon request, provide each traveler with a letter of identification schich is required in order to participate in this program. The Federal Travel Directory (FTD) identifies carriers, contract fares, schedules, payment conditions, and hotel / motel properties which offer their services and rates to Government contractor personnel traveling on official business under this contract. The FTD, which is issued monthly, may be purchased from the U.S. Government Printing Office, Washington, DC 20402.
(b) The contractor will be reimbursed for reasonable travel costs incurred directly and specifically in the performance of this contract. The cost limitations for travel costs are determined in accordance with the specific travel regulations cited in FAR .
31.205-46, as are in effect on the date of the trip. Travel costs I for research and related activities performed at State and nonprofit institutions, in accordance with section 12 of Public Law 100-679, j shall be charged in accordance with the contractor's institutional l policy to the degree that the limitations of Office of Management I and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.
(c) When the Government changes the Federal Travel Regulations, or other applicable regulations, it is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations of Cost clause of this contract if the contractor will be unable to make all of the approved trips and remain within the cost and fee limitations of this contract due to the changes.
l G.3 2052.215-83 TRAVEL APPROVALS I
(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.
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:
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l NRC-02-98-006 Section G Name Period Covered Value Base
.- Pringe Benefits contract duration 37.1% DL
. overhead " "
61.2% DL + FB
- M&S Overhead " "
1.8%
M&S
- G EA "
11.9% Total cost input (b) The contracting ~ officer may adjust the above rates as appropriate during the term of the. contract upon acceptance of any.
revisions proposed by the contractor. It is the contractor's
. responsibility to notify the contracting officer in accordance with~
FAR 52.232-20, Limitation of Cost, or FAR 52.232-22, Limitation of
. Funds, as applicable, if these changes affect performance of work within the established cost or funding limitations.
G.5 2052.216-74 TASK ORDER PROCEDURES
.(a) Task order request for proposal. When a requirement within the scope of work for this contract is identified, the contracting
. officer shall transmit to the contractor a Task Order Request for
' Proposal (TORP) which includes the.following, as appropriate:
(1) Scope of work / meetings / travel and deliverables; i (2) Reporting requirements; (3) Period of performance-place of performance;
]
(4) Applicable special provisions;-
(5) Technical skills required; and (6) Estimated level of effort.
(b) Task order proposal. By the date specified in the TORP, the contractor shall deliver to the contacting officer a written proposal that provides the following technical and cost information, as appropriate:
(1) ~ Technical proposal content; 1
(i) A discussion of the scope of work requirements to substantiate the-contractor's understanding of the requirements of the task order and the contractor's proposed method of approach to meet the i objective of the order.
(ii) Resumes for professional personnel proposed to be utilized in
-the performance of any resulting task order. Include educational
' background, specific pertinent work experience, and a list of any pertinent publications authored by the individual.
-(iii) Identification of administrative support personnel and/or
-facilities that are needed to assist the professional personnel in Page 19 of 32
NRC-02-98-006 Section G completing work on the task order.
'(iv) Identification of " Key Personnel" and the number of staff hours that will be committed to completion of work on the task order.
(2) Cost proposal. The contractor's cost proposal for each task order must be prepared using Standard Form 1411, Contract Pricing Proposal' cover sheet. A copy of the form and instructions are attached to this contract. Each task order cost proposal must be fully supported by cost and pricing data adequate to establish the reasonableness of the proposed amounts. When the contractor's estimated cost for the proposed task order exceeds $100,000 and the i period of performance exceeds six months, the contractor may be required to submit a Contractor Spending Plan (CSP) as part of its {
cost proposal. The TORP indicates if a CSP is required. )
(c) Task order award. The contractor shall perform all work described in definitized task orders issued by the contracting officer. Definitized task orders include the following: {
(1) Statement of work / meetings / travel and deliverables; (2) Reporting requirements; (3) Period of performance; (4) Key personnel; (5) Applicable special provisions; and (6) Total task order amount including any fixed fee.
G.6 2052.216-75 ' ACCELERATED TASK ORDER PROCEDURES (a) The NRC may require the contractor to commence work before receipt of a definitized task order from the contracting officer.
Accordingly, when the contracting officer verbally authorizes the work, the contractor shall proceed with performance of the task order subject to the monetary limitation established for the task order by the contracting officer.
(b) When.this accelerated procedure is employed by the NRC, the contractor agrees to begin promptly negotiating with the contracting officer the terms of the' definitive task order and agrees to submit a cost proposal with supporting cost or pricing data. If agreement on a definitized task order is not reached by the target date mutually agreed upon by the contractor and contracting officer, the i contracting officer may determine a reasonable price and/or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subject to contractor appeal as provided in 52.233-1, Disputes. In any event, the contractor shall proceed with completion of the task order, subject'only to the monetary limitation established by the contracting officer and the terms and conditions of the basic Page 20 of 32
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NRC-02-98-006 Section G l
contract. j Q.7 ELECTRONIC PAYMENT The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. It is the policy of the Nuclear Regulatory Commission to pay vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. The electronic system is known as Vendor Express. Payment shall be made in accordance with FAR 52.232-33, entitled " Mandatory Information for Electronic Funds Transfer Payment".
To receive payment, the contractor shall complete the " Company Information" portion of the Standard Form 3881, entitled "ACH Vendor / Miscellaneous Payment Enrollment Form" found in Section J.
The contractor shall take the form to the ACH Coordinator at the financial institution that maintains its company's bank account.
The contractor shall discuss with the ACH Coordinator how the payment identification information (addendum record) will be passed to them once the payment is received by the financial institution.
To ensure that adequate payment information will be available to the contractor, the contractor should inform the financial institution that the addendum record must not be stripped from the payment.
Further information concerning the addendum is provided at Attachment . The ACN Coordinator should fill out the " Financial Institution Information" portion of the form and return it to the Office of the Controller at the following address: Nuclear Regulatory Commission, Division of Accounting and Finance, Financial Operations Section, Mail Stop T-9-H-4, Washington, DC 20555, ATTN:
ACH/ Vendor Express. It is the responsibility of the contractor to ensure that the financial institution returns the completed form to the above cited NRC address. If the contractor can provide the financial information, signature of the financial institutions ACH Coordinator is not required. The NRC is under no obligation to send reminders. Only after the Office of the Controller has processed the contractor's sign-up form will the contractor be eligible to receive payments.
Once electronic funds transfer is established for payments authorized by NRC, the contractor needs to submit an additional SF 3881 only to report changes to the information supplied.
Questions concerning ACH/ Vendor Express should be directed to the Financial Operations staff at (301) 415-7520."
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NRC-02-98-006 Section H s
SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (a)1 Purpose . The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is'not placed in a conflicting role'because of current or planned interests (financial, contractual, organizational, or 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 participation by the contractor, as defined in 48 CFR 2009.570- 2 in
-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 consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that.all employees under this contract abide by the provision of this clause. If the contractor has reason to believe with respect to itself_or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a 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 appropriate),.except where the NRC licensee or applicant requires Lthe contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.
(3) When'the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall 1neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the~ site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at'the site (if not a task order contract).
( :(4) When the contractor performs work for the NRC under this Page 22 of 32 h
t NRC-02-98-006 Section H contract at any NRC licensee or applicant site, (1) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task I order or the contract, as appropriate.
(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.
(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the government.
(3) It is recognized that the scope of work of a task-order- type contract necessarily encompasses a broad spectrum of activities.
Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC 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 agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer.
The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c) (2) , (c) (3) or (c) (4) of this section.
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.NRC-02-98-006' -Section H (e)LAccess to and use of information.
(1)'If'in the performance of this contract, the contractor obtains i
access to information, such as NRC plans, policies, reports, l-studies', financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of l :Information Act (5 U.S.C.'Section 552 (1986)), the contractor agrees
.not to:
(i)-Use this'information for any private purpose until the )
information has been released to the public; j L (ii)' Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is.first;
. (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the 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
. receives.or is given access to proprietary data, data the Privacy Act of 1974 (5 U.S.C. section 552a (1988) ) protected
, or the by Freedom of:Information-Act (5 U.S.C. section 552 (1986) ) , or other L confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.
(3) Subject to patent and security provisions of this contract, the 3 contractor shall have the right to use technical data it produces '
under this contract for private purposes provided that all
- requirements of this contract have been met.
(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in i subcontracts of any tier. The terms contract, contractor, and I contracting officer, must be appropriately modified to preserve the I Government's rights. l
,(g) Remedies.-For breach of an of the above restrictions, or for intentional nondisclosure or m representation of any relevant
-interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this. contract.
(h) Waiver. A request 'for waiver under this clause must be directed
'in writing to the contracting officer in accordance with the procedures; outlined in 48 CFR 2009.570-9.
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NRC-02-98-006 Section H (i) Follow-on effort. The contractor shall be ineligible to I participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management 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 I the development or marketing of the products or services. l (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 successful performance of the work hereunder:
Edward Wonder Jane Brideau Robert Dube John Hockert Betty Biringer 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 contain a complete resume for the proposed substitute and other Page 25 of 32 l
m-__------.--- - - - - - . - . - -l
NRO-02-98-006 Section H information requested or needed by the contracting officer to I
evaluate the proposed substitution. The contracting officer or
.his/her authorized representative shall evaluate the request and promptly notify the contractor of his or her approval or disapprova) in writing.
(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of tne 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.
H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED l (JUN 1988) l The Government will not provide any equipment / property under this I contract.
l l H.4 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.
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NRC-02-98-006 Section I PART II - CONTRACT CLAUSES SECTION I -
CONTRACT CLAUSES 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" in Section I of this contract. FAR ,
52.252-2 contains the internet address for electronic access to the full-text of a clause.
NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
-52.202-1 DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 THE 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 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997 FORMAT 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR OCT 1997 PRICING DATA ,
52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR OCT 1997 )
PRICING DATA--MODIFICATIONS 52.215-12 SUBCONTRACTOR COST OR PRICING DATA OCT 1997 52.215-13 SUBCONTRACTOR COST OR PRICING OCT 1997 DATA--MODIFICATIONS 52.215-15 TERMINATION OF DEFINED BENEFIT PENSION OCT 1997 PLANS 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR OCT 1997 POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997 52.216-7 ALLOWABLE COST AND PAYMENT APR 1998 52.216-8 FIXED-FEE MAR 1997
~52.219-8 UTILIZATION OF SMALL, SMALL JUN 1997 Page 27 of 32
NRC-02-98-006 Section I DISADVANTAGED BUSINESS AND WOMEN-OWNED SMALL BUSINESS CONCERNS 52.219-9 SMALL, SMALL DISADVANTAGED BUSINESS AND AUG 1996 WOMEN-OWNED BUSINESS SUBCONTRACTING PLAN l 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 DISABLED VETERANS APR 1988 AND VETERANS OF THE VIETNAM ERA l 52.223-2 CLEAN AIR AND WATER APR 1984 52.223-6 DRUG-FREE WORKPLACE JAN 1997 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN OCT 1996 PURCHASES 52.225-21 BUY AMERICAN ACT--NORTH AMERICAN FREE JAN 1997 TRADE AGREEMENT IMPLEMENTATION ACT--
BALANCE OF PAYMENTS PROGRAM 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 52.227-2 NOTICE AND ASSISTANCE CONCERNING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.227-17 RIGHTS IN DATA--SPECIAL WORKS JUN 1987 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996 52.230-2 COST ACCOUNTING STANDARDS APR 1998 52.230-6 ADMINISTRATION OF COST ACCOUNTING APR 1996 STANDARDS 52.232-17 INTEREST JUN 1996 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT- JUN 1997 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC AUG 1996 FUNDS TRANSFER PAYMENT 52.233-1 DISPUTES OCT 1995 52.233-3 PROTEST AFTER AWARD AUG 1996 ALTERNATE I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997 52.242-13 BANKRUPTCY JUL 1995 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987 ALTERNATE I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT AND OCT 1997 LETTER. CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND APR 1998 COMMERCIAL COMPONENTS 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997 52.247-67 SUBMISSION OF COMMERCIAL TRANSPORTATION JUN 1997 BILLS TO THE GENERAL SERVICES ADMINISTRATION FOR AUDIT 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 Page 28 of 32 f
I
NRC-02-98-006 Section I I.2 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--
MODIFICATIONS (OCT 1997)
.(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data for modifications under this contract, for price adjustments
- expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price'or the date of the award, whichever is later, the Contractor
.may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--
i (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.
(ii) Information on modifications of contracts or subcontracts for commercial items. (A) If--
(1) The original contract or subcontract was granted an exception from cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and l (2) The modification (to the contract or subcontract) is not exempted based l on one of these exceptions, then the contractor may provide information to l establish that the modification would not change the contract or subcontract i from a contract or subcontract for the acquisition of a commercial item to a
- contract or subcontract for the acquisition of an item other than a commercial item.
(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have
-previously been sold that is adeguate for evaluating the reasonableness of the price of the modification. Such information may include--
(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being
, submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g. , wholesale, original equipment manuf acturer, or receller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.
(2) For market-priced items, the source and date or period of the market
-quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.
(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.
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NRC-02-98-006 Section I e
(4) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, adocuments, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit'information or other data relevant solely to the contractor's determination of the prices to be offered in the catalog or marketplace.
_(b) Requirements for cost or pricing data. If the Contractor is not granted an exception from the requirement to submit cost or pricing data, the following applies:
(1) The Contractor shall submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.
(2). As soon as practicable af ter agreement on price, but before award (except for unpriced actions), the Contractor shall submit a certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
I.3 52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .
(b) All delivery orders or task orders are subject to the terma and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered
" issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
- I.4 52.216-21 REQUIREMENTS (OCT 1995) ,
J (a) This-is a requirements contract for the supplies or services )
specified, and effective for the period stated, in the Schedule. The t quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as
" estimated" or " maximum" in the Schedule, that fact shall not
- constitute the basis for an equitable price adjustment.
i (b) Delivery or performance shall be made only as authorized by orders issued in accordance with-the ordering clause. Subject to any limitations in the order Limitations clause or elsewhere in this Page 30 of 32
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contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the.
Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect-to that order to the same extent as if the order were completed during the contract's effective period; provided, that the contractor shall not be required to make any deliveries under this contract after six months from contract expiration.
I.5 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 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) :
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS ATTACHMENT NUMBER TITLE
.01 Billing Instructions 02 NRC Contractor Organizational Conflicts of Interest 03 NRC Handbook 3.8 04 Contractor Spending Plan (CSP) Instructions 05 Payment Information Form SF 3381 - ACH Vendor Payment system 06 Subcontracting Plan t
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