ML20245B879
| ML20245B879 | |
| Person / Time | |
|---|---|
| Issue date: | 06/21/1987 |
| From: | Reseigh M, Stinson M NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), SCIENTECH, INC., SMALL BUSINESS ADMINISTRATION |
| To: | |
| Shared Package | |
| ML20245B873 | List: |
| References | |
| CON-FIN-D-1766, CON-NRC-03-87-031, CON-NRC-3-87-31 NUDOCS 8707010413 | |
| Download: ML20245B879 (22) | |
Text
' J.A AWARD / CONTRACT L T"iS CONTRACT IS A HATt O OHOEH
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UNDE R DPAS itS CF R 350)
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- 2. CON T R AC T t/' roc, inst. 4 den t. A NO.
- 3. E F F EC T eve DAT E 3
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~ SB 08710211 6-24-87
- a. HEQUISIT80N/PUF4CHA50 htQUEST/Pf40 JECT N CODEb NRR-87-031
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S eS$UED 0Y U.S. Small Business Administration 6 AOMtNiS1E RED BY (1/other then item 4)
CODE!
1020 Main Street Boise, Idaho 83702 Attn:
MS. LaDonna J. Baker L NAME AND ADDRL55 OF CON TRAC TOR INo., street, esty county, State end ZIP Cod l e
- 8. DELt VE R Y Scientechs Inc.
P.O. Box 1406 fos ORIGIN OTHER iser below; Idaho Falls Idaho 83403-1406
- s. DISCOUNT rOR PROMPT PAvMENT s
Net Io. SUBMIT INVOICES l ITEM See Block
_ CODE (4 copies unless othei.
ll. 5 HIP TO/ MARK FOR FACil.lTY CODE wisc apecl/ sed; TO THE 12 Below i
ADDRESS CHOWN IN:
CODE
- 12. PAYMENT Wit L DE MADE SY o
U.S.NuclearRegulatoryCommidfdn See Section F.5 of Prime Contract Ofc. of Admin, & Resources Mgmt., Div. of ORITV f OR USl'NG OTHE R THAre F VLL AND OPEN COMlV4 Accounting & Finance, Attn: GOV /Comm Accounts
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7 la, ACCOUNTING AND APPROPRI ATION DATA Wasn.s UL 4Ubb5 ;i D io u s c.23ocen mi Us.C. 2531cn s 15A. ITEM NO.
See prime Contract i
158. SUPPLIES /SE RVICES 15C. QUANTITY ILS. UNIT ISE. UNIT PRICE 15F. AMOUNT Services to perform project entitled
" Steam Generator and Steam Line Overfill Issues" 8707010413 870625 PDR C ON'I R See page 2 for special 8(a) Sub-NRC-03-87-031 PDR contract Clause i
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COST PLUS FIXED FEE C3NTRACT 1
iSG, TOTAL AMOUNT OF CONTRACT > $ 446,bd.UU VIlSEC.l
- 16. TABLE OF CONTENTS OESCRIPTION lPAGE(S)
V) lSEC l PART i-THE SCHEDULE OESCRIPTION lPAGE(Si
{
fSbLICITATION/ CONTRACT FORM PART 11 - CONTR ACT CLAUSES l
X A
i Xl 1 l CONTR ACT CLAUSES 8
SUPPLIES OR SERVICES AND PRICES / COSTS l 9 C
j DESCRIPTION / SPECS / WORK STATEMENT PART ru - List OF DOCUMENTS, ExHielTS AND OTHER ATTACli.
I PACKAGING AND MARKING lJ l LIST OF ATTACHMENTS D
l j
E INSPECTION AND ACCEPTANCE PART IV - REPRESENTATIONS AND INSTRUCTIONS F
DELIVERIES OR PERFORMANCE K
REPRESENTATIONS. CERTIFICATIONS AND CONTR ACT ADMINISTRATION DATA OTHER STATEMENTS OF OFFERORS I
G
)
H SPECIAL CONTRACT REQUIREMENTS INST AS.CONOS.. ANO NOTICES TO OFFERORS L
M EVALUATION FACTORS FOR AWARD CONTRACTING 0FFICER WIL L COMPL ETE ITEM 170R 18 AS APPLICA 37.
CONTRACTOR'S NEGOTlATED AGREEMENT (Contmeter da re.
18.
nutred to sign this document and return -
AWARr; (Contractor is not reestred to s4n this document ) Your Contr$ctar agrees to turn #sh and dettver att Hems or perform an ine serv 6cescopies to denuing office.)
Otter on Soucitatton Number -
fertn or otherw6se edentif 6ea above ano on any contenuation sneet set constoeretton stated herein. The rights ano obsegations of the partses to this encluding the aedsteons or changes mace by you which addettons or chan s for tne contract shan be subsect to and coverned b are set sorth m fun above.s hereby accepted as to the 6tems fessed above an swceo/ contract, it) tne soucatation, at any, y the tonowene documents: la) this on any continuation sheets. This aware consummates the contract wh4ch con-ntzetnce here6n. (A ttachments are lasted herein.)tions. cartiskations. anc specif+ cations, as are a)ttacned or enco sists of the tonowene documents:
and it such prowessons ta) the covernment's sonestatton and yo. i otter, ano (D) thes award / contract. svu turener contractuat do ument es n porated tv sary.
3 9A. NAME AND TlTLE OF $4GNER (Type or prant) 20A, NAME Of CONT R ACTING OFF tCER th RA k, kh'sEtG H,
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y, y, S3lnSny 191 NAME DF CONTR TOR f/
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20C. DATE 5AGNED-NSN 7540 01152 806g t..n.t-., n tmd O,~.c,
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Page 2 52.219-12 SPECIAL 8(a) SUBCONTRACT CONDITIONS.
(APR 1984)
No. NRC-33-87-031(a) The Small Business Administration (SBA i
the supplies or services as described therein.NRC with the U.S. Nuclear R A copy of the contract is attached hereto and made a part hereof.
acknowledges as follows:(b) Scientec, Inc., hereafter referred to as the sub all of the requirements of Contract No. NRC-33-87-031(1) That it for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
of this subcontract to the U.S. Nuclear Regulatory Com 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.
be made directly to the subcontractor by the U.S. Nuc Commission.
(End of clause)
(AV 1-1.713-3(e)(1))
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AWARD / CONTRACT 1 T"'S CONTRACT iS A R Ali D OHot R HAC T (Proc. Jnst ident.J NO.
UNDE R DPAS Ob CF H 350) k
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l 20 03-87-031 3.LttLCievt GAIT
- a. HL QUsbli tONIPU RCHA5L Hl.QUt bl DHO>t C l NO.
June 24,1987 NRR-87-03
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Nuclear Regulatory Commission J t, A uM sN n51 LHLO tsY tif other than Jtem 3) colit i_
i CODE L tion of Contracts, AR-2223 tact Negotiation Branch No. 2 ington, DC 20555
$sO ADDHLS5 OF CONT R ACTOH (No, street, esty, county tntractor:
, State and /JP Codt )
- 8. OLU VE RY 011 Business Administration Subcontractor:
i4n Street Scientech, Inc.
30 P.O. Box 1406 fos ORiciN
@ OTHER rsee 6ctow)
&faho 83702 Idaho Falls, Idaho
- i. OtSCOUNT F OR PHOMPT PAYMENT
- 3. LaDonna J. Baker 83403-1406 Net
- 10. SUBMIT INVOICES l' TEM I
(4 copies unless other.
I See B1Ock i
MARKfOR FACILITY CODE
. wasc arectried> TO THE 1 ADDRESS $HoWN IN:
12 Below 12, PA YMLN T W8LL OL MADE SY s
En F.5 of Prime Contract U.S. Nuclear Regulatory Commission, Division of j
Accounting & Finance, Ofc. of Adm. & Resources
- T.N.__FOR USING OTHER THAN F ULL AND OPEN COMPE TI-Mamt. Attn:
GOV /Comm Accounts, Wash. DC 20555
- 14. ACCOUNTING AND APPROPRIATION DATA B&R 20-19-50-51-7 APPN #31X0200.207
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' FIN D1766 Obligated: $90,000.00
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d 158. SUPPLIES /SER V4C E S j
15C. QU AN T TTY 15D. UNIT ' 15E. UNIT PRICE 15F. AMOUNT The contractor shall perform the ser / ices as detail ed herein entitled
" Steam GenerP.O
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!and Steam Line Overfill Issues" in a
!implementec' by Scientech, Inc. 's proccordance with the Sta tement of Wo kherein, as posal dated 5-22-E 7 as re/ised by 6-08-87 and 6-15-87 SgeeClauseNo. 52.219-11,Section I, for special 8( 3) cont ract conditi ans.
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h; Cost Pl= Fixed Fee i
15G. TO7AL AMOUNT OF CONTRACT >
$ 225,623 00
- 16. TABLE OF CONTENTS DESC_RIPTION
{ PAGE IS) VI lSEC l PART I-THE SCHEDULE DESCRIPTION
{PAGEls) i hQlTATION/ CONTRACT FORM PART li - CONT R ACT CL AUSES l
l }
X} I
} CONTRACT CL AUSES fvfES OR SERVICES ANDPRICES/ COSTS 2
l 17
)#DPTION/ SPECS / WORK STATEMENT PART tH - UST OF DOCUMENTS. EXHIBITS AND OTHER ATTACH.
)WWGING AND MARKING 2
XlJ I LtST OF ATTACHMENTS ECTION AND ACCEPTANCE S
l 20 PA RT iv - REPn EsE NT ATiONs ANo inst RUCTIONS
{v6 RIES OR PERFORMANCE 5
K REeRESENTATIONS CERTIFICATIONS AND
{ tmCT ADMINISTRATION DATA 5
OTHER STATEMENT 9 OF OFFERORS
]
L
) A1. CONTHACT REQUIREMENTS INSTRS.CONDS. AND NOTICES TO OFFF.RORS
( 13 i
M i EVALUATION F ACTORS FOR AWARD CONTRACTING OfflCER WIL L COMPL ETE ITEM 17 OR 18 AS APPLICABL E (it@DR*S NEGOTIATED AGREEMENT (Contrac tor is er 1
10.
AWARD (Contractor is not required to sfue this afocuanent ) Your aihtem n n ;n ce e os pe for al te es n
d e a toso The regnYs and r in changes made by you which addibons or changed In any to ons of the pa s to th s heYt's. ThIs a uat n e e ci at afany na c) o a c e a es h c t act wh c con hments arw hated herein.)a specifscitions, as are attached or encorporated by ht er p ov seo s ret te at (
s ward / nt 9
- sery, ct, e o further con rett a
u e t es a ces ual OF StGNE R (7'ype or prm tJ pSon 20A. NAME OF CONTHACT8NG OFF#CER ystG OFFICER A a U D. Thompson TA AC Y OR 9C.OAYE b6GNLD 200.
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i NRR-87-031 PAGE-2 Section B - Supplies or Services and Prices / Costs B.i Introduction and Background The NRC has developed an inte Steam Line Overfill Issues," grated program, " Steam Generator and to resolve a number of related issues which deal with steam generator tube integrity,. steam generator and steam line overfill and the potential consequences of such events.
This contract is to provide a better understanding of steam gnerator and secondary system integrity including the effects of water hammer and its effects on secondary system components and branch lines as well as radiological consequences.
B.1.1 Objective The objective of this contract is to evaluate the consequences of steam generator tube rupture (SGTR) and steam generator overfill considering various transient conditions. The effects of overfill of main steam lines, assessment of consequences and the evaluation of the methodolo'y to determine the margin to steam generator overfill g
shall be included in this contract.
B.2 Consideration and Obligation 4
It is estimated that the total cost to the Government for full a.
performance of this contract will be $ 225,623.00, of which the sum of 5 $206,993.00 costs, and of which $18,630.00 represents the estimated reimbursable represents the fixed fee.
b.
There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimath 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 to c.
this contract is $90,000.00.
Section C - Description / Specifications / Work Statement i
C.1 Statement of Work The work requirements outlined below cover a wide range of tasks on steam generator tube integrity and steam generator overfill due to SGTR.
The coordination of results of different tasks should provide a basis for staff to develop a position on offsite doses, operator action time and tube integrity.
Water hammer mitigation studies
NRR-87-031
)
PAGE 3 i
should be carried out to give the staff a better handle on developing proposals on water hammer in main steam lines and operability of valves and other components.
_ Task 1 The contracter shall perform the following services:
1.
Survey the code requirements and industry practice for available l
i eddy current testing procedures.
2.
Assess the capability of. current methods to detect steam generator tube devadation, 3.
Review current ash 6 Code Section II requirements on' eddy current j
testing procedures and determine adequacy for use as standard for inspection of Steam Generator Tubes.
4 Develop written recommendations for regulatory guidance and/or requirements including possible endorsement of ASME Code Section II requirements on eddy' current testing procedures or development of a draft regulatory guide.
The date for completion of' this task' is six (6) months after initiation of task.
Task 2 The contractor shall review results and conclusions of studies on Steam Generator Tube Rupture (SGTR) and pro nodifications to Standard Review Plan (SRP) pose specific tube integrity, operator action time and offsite dose limits.Section 15.6.3 in The contractor shall develop a regulatory analysis supporting the SRP changes. -The regulatory analysis ~should develop risk analysis and a basis for cost benefit of the proposed standard review plan (SRP) changes.
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NRR-87-031 PAGE 4 The date for completion of this task is one (1) year af ter initiation of task.
Task 3 i
The contractor shall re-assess the following pending issues of -
Generic Issue 67 (Staff Actions for SGTR) rated previously as low priority for potential inclusion in an integrated resolution..
Reassessment of Radiological Consequences I
1.
2.
Reevaluation of Design Casis SGTR 3.
Supplemental tube inspections 4.
Integrity of Steam Generator Tube Sleeves i
5.
Deuting Criteria 6
Improved Accident Monitoring 7.
Reactor Vessel Inventory Measurement 8.
Reactor Coolant Pump (RCP) Trip 9.
Control Room Design Review 10 Emergency Operating Procedures 11.
Organizational Responses 12 Reactor Coolant System Pressure Control This task will entail review of the prioritization and relationship to other generic issues (NOREG-0933 "NRC Integrated Program for the Resolution of Unresolved Safety Issues A-3, A-4 & A-5 Regarding Steam Generator Tube Integrit Generic Safety Issues")y" and NUREG-0844 "Prioritization of NRR t
The date for completion of this task is four (4) months after initiation of task.
Task 4 The contractor shall review effects of water hammer, overfill and water carryover on Secondary System and connecting systems and develop proposals for mitigating the consequences.
Consider the effects of sagging due to water weight, operability of valves and other components when subjected to two phase flow of liquid.
The date for completion of this task is six (6) months after initiation of task.
I l
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NRR-87-031 1
PAGE 5-jj C.2 Travel The contractor shall attend four progress neetings in Bethesda, a.
Maryland each of one day duration and involving two/three contractor personnel over the term of the contract.
b.
All domestic travel requires the prior approval of the Project Officer.
All foreign travel must be approved in advance by'the NRC on NRC c.
Form 445 and shall be in compliance with 52'247-63 Preference For U.S. Flag Air Carriers (APR 1984).
Section D - Packaging and Marking D.1 Packaging and Marking When Delivering a Product The Contractor shall package material-for shipment to the NRC in such a' manner that will insure acceptance by common carrier and safe delivery at destination.
Containers, and closures shall ' comply with
' the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of' transportation.
On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
Section E - Inspection and Acceptance E.1 Place of Inspection and Acceptance Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by.the' Project Officer at the destination.
Section F - Deliveries and Performance F.1 Reports, Documentation and Other Deliverable End Items.
All technical reports required by Section C and all Technical I
Progress Reports required by Section' F are to be prepared in accordance with the attached NRC Manual Chapter 3202.
NRC Manuel Chapter 3202 is not appi,1 cable to the Financial Status Report.
F.2 Technical Progress Report The Contractor shall provide a monthly Technical Progress Report to the Project Officer and the Contracting Officer. The report is due within 15 calendar days after the end of the report period and 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:
NPR-87-031 i
PAGE 6 l
A listing of the efforts completed during the period; milestones a.
reached cr, if missed, an explanation provided; i
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).
A summary of progress to date; and c.
d.
Plans for the next reporting period.
F.3 Financial 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:
1)
Total Estimated Contract Amount.
2)
Total Funds Obligated To Date.
3)
Total Costs Incurred This Reporting Period.
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.
F.4 Special Reporting Requirements Within three (3) weeks after completion of Tasks 2 and 4 respectively, referenced in Section C.1, Statement of Work, the-contractor shall submit a draft letter report to document the results and conclusions of these tasks to the NRC Project Officer..The NRC-will review and provide written coments, recommendations and/or acceptance to the Contractor within one (1). month:following receipt of draft report.
The contractor'shall incorporate any required changes into a final letter report to be submitted to the NRC Project Officer within three (3) weeks following receipt of such changes or acceptance, i
i NRR-87-031
,j PAGE 7 Within six (6) months after initiation of Task 1 and four (4) months after initiation of Task 3, referenced in Section C.1, Statement of Work, the contractor shall submit a status report documenting results, conclusions and recommendations of these tasks to the NRC Project Officer for review and subsequent discussion with NRC staff.
F.5 Place of Delivery.
The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:
ProjectOfficer(2 copies) a.
U.S. Nuclear Regulatory Commission Contract Number: NRC-03-87-031 Office of Nuclear Regulatory Research Division of Engineering Mail Stop: 212 Washington, D.C.
20555 b.
Contracting Officer (1 copy)
U.S. Nuclear Regulatory Commission Contract Number: NRC-03-87-031 Office of Administration & Resources Management Division of Contracts Contract Administration Branch Mail Stop: AR-2223 Washington, D.C.
20555 F.6 Duration of Contract Period This contract shall commence on the effective date reflected in block 3 of the SF-26 and will expire 24 months thereafter.
Section G - Contract Administration Data G.1 Indirect Rates Pending the establishment ef' final indirect rates which shall.be a,.
negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable indirect' costs as follows:
Category Rate (%)
Cost Base Overhead 77%
Direct Labor ($101,898.00)
G&A 6.5%
Total Direct Cost and 3
Overhead'($194,360.00)-
1
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MRR-87-031 PAGE 8 b.
TM 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 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. -
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G.2 Project Officer Authority.
1 The Contracting Officer's authorized representetive hereinafter a.
referred to as the Project Officer for this contract is:
Name:
S. Khalid Shaukat Address:
U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Division of Engineering Washington, DC 20555 Telephone Number: 301/492-782i i
b.
Performance of the work under this contract raall he subject to i
i the technical direction of the NRC Project Of ficee. 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 or otherwise serves to accomplish the contractual statement 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 information to be delivered by the Contractor to the i
Government under the contract.
Technical direction must be within the general statement of work c.
stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which:
1). Constitutes an assignment of additional 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 causes an increase or decrease in the total.
estimated contract cost, the fixed fee, if any, or the time required for contract performance.
NRR-87-031 PAGE 9 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 vriting by the Project Officer or shall be confirmed by such person in' writing within ten (10) working days after verbal issuance.
A. copy of said written direction shall be submitted to the Contracting 1
l 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 clause and within such person's authority under the provisions of this clause..
j f.
If, in the opinion of the Contractor, any instruction or 1
direction issued by the Project 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 request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the. Contractor, lthe 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 j
)
article and does not constitute a change under the Changes Clause.
9 Any unauthorized comitment 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).
i.
In addition to providing technical direction as defined above, the Project Officer is responsible for:
1). Monitoring the Contractor's technical progress, including surveillance and assessment of performance, and recommending to the Contracting Officer changes in requirements.
2). Assisting the Contractor in the' resolution of technical problems encountered during performance.
t NRR-87-031 PAGE 10 1
1 3). Reviewing all costs requested for reimbursement by.
i Contractor and submitting to the Contracting Officer l
recommendations for approval, disapproval, or suspension for supplies and services required under this contract.
G.3 Travel Reimbursement.
Total expenditure for domestic travel shall not exceed $9,840.00-a.
without the prior approval of the Contracting Officer.
b.
The Contractor will be reimbursed for reasonable domestic travel i
costs incurred directly and specifically in the performance of this contract. The cost limitations for travel costs are determined 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 Conterminous United States (CONUS), the standard CONUS rate, the allowance for. meals and incidental expenses (M&IE), the cost of travel by privately owned automobile, and the items which j
require receipts. The Contractor can obtain the Regulations from the Superintendent of Documents, Government Printing i
Office, Washington, DC 20402.
When the Government changes the Federal Travel-Regulations, it c.
1 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 Stite and are listed in a publication entitled " Maximum Travel Per Diem Allowances For Foreign Areas".
Copies of this publication may be obtained from U. 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 paynent of $25,000 or less.
3 4
b.
In the event that the Contractor's financial institution has access to the Federal Reserve Communications Systen, the Contractor shall forward the followir, information in writing ~to the Contracting Officer within seven oys after the effective date of the contract.
)
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.NRR-87-031 PAGE 11 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 financia]
l 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.
4 8). Telegraphic abbreviation of correspondent financial institution.
9). Signature and title of person supplying this information.
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 I
avoid payments to erroneous bank accounts.
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1 NPR-87-031 pAGE 12 G.5 Payment Due Date.
Q l
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
'3 paragraph b of this clause wil) 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.
4 b.
Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations, OMB Circular A-125 provides that:
1)
Interest penalties are not required when payment is delayed I
because of a disagreement over the amount of payment or other issues concerning compliance with the terms of the contract.
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 will be computed from the day after the due date through the payment date.
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I NRR-87-03]
PAGE 13 For purposes of this. clause, an expiration invoice is defined as c.
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:
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.
Lawrence J. Ybarrondo Harry W. Heiselmann H. Donald Curet Joseph M. McCleskey The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b 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 50 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 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.
NRR-87-031 PAGE 14 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-
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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.
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H.2 Safety, Health, and fire Protection.
i The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all hazards to life and, property and shall comply with
)
all applicable health, safety, and fire protection regulations and i
requirements (including reporting requirements) of the Commission and the Department of Labor.
In the event that the Contractor fails to comply with said regulations or requirements, the Contracting Officer may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the j
discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or for compensation or damages by i
4 reason of or in connection with such work stoppage.
H.3 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 shall be grounds for termination of this contract.
H.4 Private Use of Contract Information and Data.
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, infornation and other data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract.
H.5-Drawings, Designs, and Specifications.
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
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q NRR-87-031 PAGE:15 i
to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by 1
the Contractor and its subcontractors), shall 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 1
subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said j
material-for its own-use, be delivered to the Government 7tr
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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.
4
. Contractor Organizational Conflicts of Interest (OMB Clearance Number I
H.6 3150-0112) j a.
Purpose. The' primary purpose of this clause is to aid in ensuring that the Contractor:
1). Is not placed on a conflictino role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this. contract, i
and 2). Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this_ contract.
i b.
Scope.
The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 520-1.5402(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 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 who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.
If the Contractor believes with respect to itself or any such i
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 prior to execution of such contractual arrangement.
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 oroanizational conflicts of interest, as defined in 41 CFR 20-1.5402(a).
l NRR-87-031 PAGE 16 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 l
best interests of the Government.
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e.
Access to and use of information.
1).
If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected 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:
(i) Use such information for any private purpose until the
-information has bean
- 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 of such information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based 7
on such information until one year after the release j
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 accers 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.
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NRR-87-031 PAGE 17-g.
Remedies'.. For breach of. any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be 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 subsequent contractual efforts, and pursue other remedies as may be permitted by law or. this contract.
h.
Waiver. 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 j
procedures outlined in 620-1.5411.
j H.7 Government Furnished Property / Materials NUREG-0933 and NUREG-0844 mentioned in Task 3 will be made available to the contractor by NRC initiation of the efforts.
PAP.T 11 - CONTRACT CLAUSES Section 1 - Contract Clauses i
52.219-11 SPECIAL 8(a) CONTRACT CONDITIONS. :(APR 1984) l The Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by 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 6r 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 t
for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and cond.itions 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 i
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 undar 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-ofclause)
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NRR-87-031 PAGE 18 52.233-3 PROTEST AFTER AWARD (JUN 1985)--Alternate I (JUN 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 t'nis 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 terms 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 after 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 thereof, 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, er 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 af ter the end of the period 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 orr'er is not canceled and' the work covered by the order t
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 is not canceled and the work covered by the order 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.
I (End of Clause) f 4
52.252-2 CLAUSES INCORPORATED BY REFERENCE.(APR 1984)
I 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.
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NRR-87-031 PAGE 19 I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT.
(APR1984)
Section F 52.212-13 STOP-WORK ORDER.--- Alternate 1 (APR 1984) 52.247-34 F.0.B. DESTINATION.
(APR1984)
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Section !
52.202-1 DEFINITIONS.
(APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT.
(APR1984) 52.203-3 GRATUITIES.
(APR 1984) 52.203-5 C0VENANT AGAINST CONTINGENT FEES.
(APR 1984) 52.215-1 EXAMINATION OF RECORDS SY COMPTROLLER GENERAL.
(APR1984) 52.215-2 AUDIT--NEGOTIATION.
(APR1984) 52.215-30 FACILITIES CAPITAL COST OF MONEY.
(APR 1984) 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY.
(APR 1984) 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 SMA1.L 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. (APR1984)-
52.222-3 CONVICT LABOR. (APR 1984) 52.222-26 EQUAL OPPORTUNITY.
(APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS. (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS. (APR 1984) 52.227-1 AUTHORIZATION AND CONSENT.
(APR 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT.
(APR 1984) 52.228-7 INSURANCE LIABILITY TO THIRD PERSONS.
(APR 1984) 52.232-17 INTEREST. (APR1984) 52.232-20 LIMITATION OF COST.
(APR 1984) 52.232-22 LIMITATION OF FUNDS.
(APR 1984) 52.232-23 ASSIGNMENT OF CLAIMS.
(JAN1986) 52.233-1 DISPUTES.
(APR 1984) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS.
(APR 1984) 52.243-2 CHANGES--COSI-REIMBURSEMENT.
(APR 1984)--Alternate I.
(APR1984) 52.244-2 SUBCONTRACTS (C0ST-REIMBURSEMENT AND LETTER CONTRACTS)
(JUL 1985) 52.244-5 COMPETITION IN SUBCONTRACTING.
(APR 1984) 52.246-25 LIMITATION OF LIABILITY--SERVICES.
(APR 1984) 52.249-6 TERMINATION (C0ST-REIMBURSEMENT). (MAY1986) 52.249-14 EXCUSABLE DELAYS.
(APR 1984).
s.
i NRR-87-031 PAGE 20 l
PART 111 - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS i
Section J - List of Attachments J.1 Attachments Attachment Number Title 1
NRC Contractor Organizational Conflicts of Interest l
(41 CFR Part 20) 2 Billing Instructions for Cost Type Contracts 3
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