ML20249B798
| ML20249B798 | |
| Person / Time | |
|---|---|
| Issue date: | 06/04/1998 |
| From: | Kalmbach R, Mearse S NRC OFFICE OF ADMINISTRATION (ADM), SOUTHWEST RESEARCH INSTITUTE |
| To: | |
| References | |
| CON-FIN-J-5235, CON-NRC-02-98-007, CON-NRC-2-98-7 NUDOCS 9806240227 | |
| Download: ML20249B798 (31) | |
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- 33 AWARD / CONTRACT 3 ErtECTavE DATE 4 REOutsiTIONtPURCHASE REQUEST / PROJECT NO
- 2. CONTRACT HQ iProc inst ident)
NRC 02 98-007 06-08 1998 NMS-98-007 6 ADMINISTERED By (19 other than hem 6) f 5 ISSufD BY NDE s
m U.S. Nuclear Regulatory Corm:ission Division of Contracts and Prcperty Mgt.
Attn: T-7 I-2 W:shington DC 20555
- 7. NAME AND AoDREs5 OF CONTRA TOfi No, street, cdy tos.ne. Sv
- ZIP Code 8,OEUVERY Southwest Research Institute C rosomGW X orwER
<see be.ow, PO Drawer 28510 e DiSCOuNuom PROMPT eAmENT nA 78228 0510 Attn: Wesley C. Patrick, CNWRA _
N/A
- 10. SUdMIT INVOICES ITEM M copies un6ess otherwege spec f.edi TO THE ADDRES$ SHOWN AN.
lFACluTY CODE CODE 12 PAYMENT WILL BE MADE BY CODE
[_,_ __ _
- 11. ship To/M ARK FOR cong U.S. Nuclear Regulatory ComisslOn OfflCe of the Chief FinanClal Officer Attn:
Washington DC 20555 13 AUTHOfuTV FOR U51NG oTHER THAfd (Uta AND OPEN COMPE TlisON
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14 ACCOUNTWG AND APPROPRIATION DATA B&R 85015123015 J5235 252A 31x0200 to u s C. 2soama i X
41 u s C. 253.m 3 -
obtigate: 546,000.00 16A (TEM N0 f SB SUPPUES/ SERVICES 15C QUANTITY l 160. UNIT 15E. UN(T MUCE 15F. AMOUNT The ComissiOn hereby accepts Southwest Research Institute's proposal dated May 7, 1998, ac revised by on May 29, 1998, both of which are incorporated herein by this reference, to perform the work described in Section C of this Contract.
1 p
w This is a Cost-plus-fixed-fee type contract.
9806240227 900604 PDR CONTR NRC-02-98-OO7 PDR
._ _ _ _ iso TOTAt AMOUNT OF CONTaACT >
$113.596.00 See Attached Table of Contents
_ PAGE(Si ext PART ti CONTRACT CtAU$ES PART& THE SCHEDULE I
CONTRACT CLAUSE S A
sOLICITATIONICONTRACT 80HM PART M UST OF DOCUMENTS. EXHIBITS AND OTHER ATTACH.
e suPruf s OR stRViCES AND PhrCES COSTS C
DEsCmPTION/ SPECS /WOM 61 A FEMENT UST OF ATTACHMENTS i
J PART ly. REPRESENT ATIONS AND INSTRUCTIONS O
PACF AGING AND MARING.
REPRESENT ATIONS. CERTIFICATIONS AND E
WSPECTION AND ACCEPI ANCE g
OTHER ST ATEMENTS OF OFFEROR $
F DEUVERIES OR PERFORMANCE 0 ' CONTRACT ADMWISTRATION DAT A, INSTRS. CONDS, AND NOTICES TO OFFER E
l M EVAtuaTION FACTORS FOR AWARD N
SPECIAL CONTRACT RE Ouitit utNT5 CONTRACTING OFFICER Wil1 COMPLETE ITEM 17 OR 18 AS APPLICABLE 17.
CONTRACTOR'$ NEGOTIA1ED GREE MENT IContractor es seauwed s gn tthe 19.
AWARD (Contractor 6s not required to sign this documentj Your offer en document sad return 2_
., _ _ Supees to esaumg estice i soi catation Number
, including the
/
Csnerector agrees to turnesh and debes ad items or Perform all the serv *ces set fort $ or otherwese adesvions ce enanges made by you which additsons or that'ges are set forth an full abows,is hereby identrfeed above end on any conunusuon s%cs t if the considerenson sisted he em The oghts accepted en to the reems hsted above end on any contmustion sheets. Thes award consummates y/'.
the contrect which cons sts of the followmg documents: (a) the Gowertunent's selecstetson and
/
and abhea%ne of the parties to this com av i e e 4 tw suosect to and governed hv *: e f *wmg documents. tal ttua award / contract, its tN ru. '.iten e8 env. and kl suct* prws' v4 vour of ter. and (to teus sword / contract. No further contractual document as necessary.
soprosentateens, certdications, and spe<:da surm
.ns see attached or earnmputed n ewovence here.n (Attactunents are hated how 20A. NAME OF CD TRACTWG OFFICER 19A. NAME AND TITLE Of slGNI A if we ut printi M
SharOn D Mearse M
Re B. Kalmbach. Director Contracts s
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19C. DATE $3GN(O 208 UNIT MES OF AMERI 20C. DATE SeG D los NAME OF CONTRAC h/ @
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8
' TABLE OF CONTENTS.
PAGE 1
PART I - THE SCHEDULE.
1 SECTION A - SOLICITATION / CONTRACT FORM.
I L
SF 26
' AWARD / CONTRACT Page 1 of_
Pages 1
4 SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS 4
B.1.
PROJECT TITLE.
4 B.2 BRIEF. DESCRIPTION OF WORK (MAR 1987).
'4 B.3 CONSIDERATION-AND OBLIGATION--COST PLUS FIXED FEE.
(JUN.1988) ALTERNATE'I (JUN 1991)
'5
- SECTION C ---DESCRIPTION / SPECIFICATIONS / STATEMENT.OF WORK..
- 8 SECTION D'-
PACKAGING AND MARKING.
8 D.1 PACKAGING AND MARKING (MAR 1987).
l 9
SECTION E
-INSPECTION AND ACCEPTANCE.
9 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
E.1 i
E.21 -PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) 9 10 L SECTION:F - DELIVERIES OR PERFORMANCE.
-10 F.1'
' NOTICE-LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
10
~F.2 2052.212-70 PREPARATION OF TECHNICAL REPORTS 10 F.3 2052.212-71 TECHNICAL PROGRESS REPORT.
l F.4 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) 11 F.5 PLACE OF DELIVERY--REPORTS (JUN-1988) 12 13 F.6 RESOLVING NRC CONTRACTOR DIFFERING ~ PROFESSIONAL VIEWS (DPVs)
P.7 DURATION OF CONTRACT PERIOD (MAR 1987).
13 14 SECTION G - CONTRACT ADMINISTRATION DATA.
14 G.1 2052.215-71 PROJECT OFFICER AUTHORITY.
FIF G.3 2052.215-12 TRAVEL REIMBURSEMENT-ALTERNATE 1 16 G.3 2052.215-83 TRAVEL APPROVALS 16 G.4 2052.216-71 INDIRECT COST RATES.
17 G.5; ELECTRONIC PAYMENT.
19
'SECTION H'.- SPECIAL CONTRACT REQUIREMENTS.
19 H.1 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS.
OF INTEREST 22 H.2 2052.215-70 KEY PERSONNEL.
23 H.3 2052.235-70 PUBLICATION OF RESEARCH RESULTS.
.H.4-2052.235-72 SAFETY, HEALTH, ).ND FIRE PROTECTION.
23 24
'H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988) 24 H.~6 -
SEAT BELTS.
25 PART II
- CONTRACT: CLAUSES.
25 SECTION I--
, CONTRACT CLAUSES.
25 I.1
-NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 26.
I.2
_52.216-72 ALLOWABLE COST AND PAYMENT (APR 1998).
'I.3
- 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
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TABLE OF CONTENTS PAGE j
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 31 31
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SECTION J - LIST OF ATTACHMENTS.
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l Section B r-iNRC-02-98-007 PART I - THE SCHEDULE SECTION B - SUP, LIES OR SERVICES AND PRICE / COSTS P
D.1 PROJECT TITLE The title of this project is as follows:
The West Valley Demonstration Project.
D.2 BRIEF DESCRIPTION OF WORK (; MAR 1987)
The contractor shall provide technical assistance to the NRC in eval'uating the environmental issues associated with the decontamination and decommissioning (D & D) of the West Valley Demonstration Project ',WVDP ) and the West Valley site.
B.3 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE (JUN 1988) ALTERNATE I (JUN 1991)
(a) The total estimated cost to the Government for full performance of this contract is $113,596, of which the sum of
$105,433 represents the estimated reimbursable costs, and of which
$8,163 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 estimate of cost for performance of the work under this contract and the actual cost for performance of that work.
pr n (c) "The amount currently obligated by the Government with respect to this contract is $46,000, of which the sum of $42,593 represents the estimated reimbursable costs, and of which $3,407 represents the fixed fee.
(d) It is estimated that the amount currently allotted will cover performance through approximately November 15, 1998.
Page 4 of 31
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Section C 5'NRC-02-98-007 r
SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK THE WEST VALLEY DEMONSTRATION PROJECT C.1 INTRODUCTION This statement of work (SOW) describes activities to be performed by the Center for Nuclear Waste Regulatory Analysis (CNWRA) in providing assistance to NRC in evaluating the environmental issues associated with the decontamination and decommissioning (D&D) of the West Velley Demonstration Project (WVDP) and the West Valley site.
C.2 TLSK DESCR2PTIONS TASK 1:
@VI.NNMENTAL ISSUES
Background:
One of NRC's roles under the WVDP Act is'to prescribe D&D criteria for the.WVDP.
In addition, NRC is currently participating as a cooperating agency in the development of the Environmental Impact (EIS) for the D&D of the WVDP and West Valley site.
As a Statement cooperating agency, NRC reviews and comments on drafts of.the EIS, and procedures.
Most of NRC's effort over cupporting assessments, the next several years at West Valley will focus on the development and implementation of the EIS.
The scope of the EIS includes the disposal of various radioactive wastes that are currently stored at West Valley, along with the D&D of facilities, structures, and equipment-that are currently contaminated with radioactive materials.
The documents to be provided to the CNWRA from NRC, p.,_
as specified in the subtasks below, are dependent upon receipt of the documents from DOE.
Subtask A:
The CNWRA shall. support the NRC staff's review of the interim cost-benefit analysis (CBA) for decommissioning the WVDP and the West Valley site.
The WVDP is preparing an interim CBA in support of choosing a preferred alternative in the EIS.
The CNWRA shall review and critically evaluate this interim CBA using Draft Regulatory Guide DG-4006, " Demonstrating Compliance with the Radiological Criteria.for License Termination" and NUREG-1469,
" Generic Environmental Impact Statement on Support of Rulemaking on Radiological Criteria for Licensed Nuclear Facilities," as guidance.
The interim CBA shall be provided to the CNWRA, currently j
anticipated to be, by June 30, 1998.
. Subtask B:
.The CNWRA shall review the West Valley site's draft revised L
- performance assessment for the EIS.
NRC has developed certain Page 5 of 31
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F Section C NRC-02-98-007:
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in the decommissioning, approaches-to performance assessment low-level waste, and high-level waste programs to support EIS development (e.g.,.10 CFR Part 61 and the new guidance on Licence
' Termination Criteria-' Rule
,10 CFR Part 20, Subpart E).
The CNWRA shall review and. critically evaluate the draft revised performance assessment against approaches used,by NRC.
Tae West Valley site's draft revised performance assessment will be provided to the CNWRA,-
currently anticipated to be, by October 31, 1990 Subtask C:
The CNWRA shall review one technical report each on radionuclides colubility, soil properties related to aspects of the performance accessment, and waste removal by erosion.
These reports will describe _ technical aspects of performance assessments that deal.with the
-tha potential in place disposal of radioactive materials at site.
These reports will support the EIS that is being developed for the site.
The CNWRA shall perform a critical review of these L
reports against information needs for performance assessment for the cite...These reports will be provided to the CNWRA, currently anticipated to be, by August 31, 1998.
C.3' MEETINGS AND TRAVEL One two-person site visit by CNWRA personnel will be held at the West Valley site so that the principal CNWRA technical personnel CNWRA will working on this task can become familiar with the site.
prepare a trip report detailing important technical findings on the site visit.
One two-person trip to NRC Headquarters by CNWRA personnel may also be necessary so that the principal CNWRA technical personnel working on this task can consult with the NRC Program Element Manager.
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- C.4 P"RODUCTS/ SCHEDULES Milestones Due Date Task 1, Subtask A - letter report critically evaluating the interim CBA for West Valley. TBD*
FY98,
Task.1, Subtask B - letter report critically evaluating the draft revised performance acsessment used in the EIS. TBD*
FY99 Tosk 1, subtask C - letter reports critically evaluating three technical reports supporting-the EIS. TBD*
FY99 Task!1,. Travel - trip report detailing important technical findings-of the site visit. TBD FY98 i
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'Section C j
, NRC-02-98-007 Dependent upon receipt from DOE 1
C.5 'ESTTMA*"D LEVEL'OF EFFORT l
. Task 1:
1 Subtask A:.8 staff weeks
- Subtask B: 8 staff weeks Subtask C: 8 staff weeks Travel: 2 staff weeks Tcsk 1 Total 26 staff weeks C.6 TECHNICAL / PROJECT DIRECTION Jack'Parrott is designated as the NMSS Technical Monitor (TM) for this contract.
Technical instructions may not constitute new assignments-of work or changes of such a nature as to justify.an The NMSS TM is adjustment'in cost.or period of performance.
responsible for providing technical guidance to the performing organization.
All work products must be reviewed and approved by the-NMSS TM before they are submitted as final documents. -All technical direction given to the performing organization must be F*
consis' tent with the work scope and' schedule.
The NMSS TM and Project Officer are not authorized to unilaterally make changes to
- the approved work scope or schedule or give the performing
., organization any direction that would increase costs over approved levels.
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f-f Section D
. NRC-02-98-007 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 Containers and closures shall comply with delivery at destination.
the-Interstate Commerce Commission Regulations, Uniform Freight Classification: Rules, or regulations of other carriers-as applicable j
to the mode of transportation.
On the front of the package, the Contractor shall clearly identify the contract number under which l
the. product is being provided.
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Section E NRC-02-98-007-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.
DATE NUMBER TITLE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
APR 1984 52.246-5 INSPECTION OF 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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Section F NRC-02-98-007 SECTION F - DELIVERIES OR PERFORMANCE s
NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE F1 The following contract clauses pertinent to this section are h reby incorporated by reference (by Citation Number, Title, and Date) in accordanca 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.
DATE NUMBER TITLE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
AUG 1989 52.242-15 STOP-WORK ORDER ALTERNATE I (APR 1984) 52.247-34 F.O.B.
DESTINATION NOV 1991 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
" Unclassified Contractor and Grantee Publications in Mnnagement Directive 3.8, the NUREG Series." Management Directive 3.8 is not applicable to any Contractor Sp:nding Plan (CSP) and any status report that may be included in this contract.
(Sce Section J for List of Attachments).
pr n F.3 2052.212-71 TECHNICAL PROGRESS REPORT for each four Tha contractor shall provide a periodic Technical Progress Report the technical monitor, the contracting w;ck period to the project officer, officer and the NRC CNWRA Program Manager. The report is due within 15 calendar dnye after the end of the report period and must identify the title of the projcct, the contract number, job code number, project manager and/or principal the contract period of performance, and the period covered by the investigator, include the following for each discrete task / task rcport. Each report must ordsr:
(c) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanation provided; f
Any problems or delays encountered or anticipated and recommendations.for (b)
If the recommended resolution involves a contract modification, rerolution.
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. NRC-02-98-007 level of effort' (cost) or schedule delay, the fe.g., change in work requirements,a separate letter to the contracting officer identifying contractor shall submit the required change and estimated cost impact.
(c) A summary of progress to'date; and (d) Plans for the next reporting period.
F.4 NRCAR 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) for each four The contractor shall provide a periodic Financial Status Report l week period to the project office, the technical monitor, the contracting lofficar and the'NRC CNWRA Program Manager. Also, whenever the report references lthe acquisition of, or changes in status of, property valued at the time of purchase at $50,000 or more, send a copy of the report to the Chief, Property lManagsment 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 reportig period for the entire contract or each task, if it is a task ordering connacET (f) Balance of obligations remaining.
(g) Balance of funds required to complete contract / task order.
(h) Contractor Spending Plan (CSP) status:
(1) Projected percentage of completion cumulative through the report period for the project / task order as reflected in the current CSP.
(2) Indicate if there has been a significant change in the original CSP projection in either dollars or percentage of completion. Identify the change,
- tha reasons for the change, whether there is any projected overrun, and when cdditional funds would be required. If there have been no changes to the original NRC--approved CSP projections, a written statement to that effect is cufficient in lieu of submitting a' detailed response to item h.
(3) A' revised CSP is required with the Financial Status Report whenever the contractor or the contracting officer has reason to believe that the total cost for performance of this contract will be either greater or substantially less Page 11 of 31
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NRC-02-98~-007 Section F c
then what had been previously estimated.
(i) Property: status:
(1) List. property acquired'for the project during~the ceriod with an Give the item number-acquisition cost of $500 or more and less than $50,000.
for the specific piece of equipment.
.(2) List property acquired for the project during the period with an acquisition cost of $50,000 or more.
Provide the following information for each-lina item of property: item description or nomenclature, manufacturer, model number, serial number, Acquisition cost, and receipt date.
If no property was acquired during the-period, include a statement to that effect.
Note: The same partpheral equipment which is part of a " system or system unit."
-(3) For multi-year projects, in the period 13 financial status report provide a cumulative listing of property with an acquisition cost of $50,000 or mora ($5,000 or more if purchased prior to October 1, 1995) showing the above "information.
'(4)oIn the final-periodic status report provide a close-out property report
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containing the same elements described above for the periodic financial status rcports, for all property purchased with NRC funds regardless of value unless titlo has been vested in the contractor.
If no property was ac@ ired under the contract, provide a statement to that effect.
The report should note any proparty 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 alrordy obligated,_ this information may only be used as support to the ofh'cjgJ request for funding required in accordance with the Limitation of Cost (LK)
Clouse (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 (4 copies)
.Jayne Halvorsen, M/S T8A23 PMDA, NMSS (b) Contracting Officer (1 copy)
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Section F
- NRC-02-98-007 F.6
' RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS (DPVs)-
The Nuclear Regulation Commission's (NRC) policy is to support the contractor's expression of prof,essional health and safety related concerns associated with the contractor's work for NRC that (1)-may differ from a (2) disagree with an NRC decision or policy position, prevailing NRC staff view, An occasion or (3) take issue with proposed or established agency practices.
may arise when an NRC contractor, contractor's personnel, or subcontractor is personnel believes that a conscientious. expression of a competent judgement required to document such concerns on matters directly associated with its The procedure that will be used provides for the performance of the contract.
exprocolon and resolution of differing professional views (DPVs) of health and scfoty related concerns associated with the mission of the agency by NRC contractor personnel or subcontractor personnel on matters directly contractors, may be found in Section J of accociated with'its performance of the contract, 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 NOTE:
who shall, in turn, provide a copy of the procedure to its employees.
The prime contractor or subcontractor shall submit all DPV's received by need not endorse them.
F.7 DURATION OF CONTRACT PERIOD (MAR 1987)
This contract shall commence on date of contract award and will expire on March 31, 1999..
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Section G
- NRC-02-98-007 1
SECTION G - CONTRACT ADMINISTRATION DATA G1 2052.215-71 PROJECT OFFICER AUTHORITY (c: The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:
Name: Jayne Halvorsen Address:
U.S. Nuclear Regulatory Commission Program Mgmt., Policy Development and Analysis Staff, NMSS Washington, DC 20555 Tolephone Number: 301-415-6001 (b) Performance of the work under this contract is subject to the tcchnical 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 b; tween 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 d:scription.
(3) Review and, where required by the contract, approval of tcchnical reports, diawings, specifications, and technical er information to be delivered by the contractor to the Government under the contract.
(c) Technical direction must be within the general statement of work ctated in the contract. The project officer does not have the cuthority 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 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 14 of 31
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Section G l
,NRC-02-98-007 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 af ter verbal issuance. A copy L
of the written direction must be furnished to the contracting officer.
The contractor shall proceed promptly with the performance of (e) technical directions duly issued by the project officer in the manner prescribed by this clause and within the project officer's cuthority under the provisions of this clause.
(f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one of the (c) of this section, the categories as defined in paragraphshall notify the contracting officer contractor may not proceed but in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer accordingly. Upon receiving the notification to modify the contractthe contracting officer shall issue an from the contractor, appropriate contract modification or advise the contractor in in the contracting officer's opinion, the technical writing that, direction is within the scope of this article and does not constitute a change under the " Changes" clause.
(c) Any unauthorized commitment or direction issued by the project in an unnecessary delay in the contractor's officer may result 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.
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(i) Id addition to pro-iding technical direction as defined in paragraph (b) of the section, the project officer shall:
(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recommend to the contracting officer changes in requirements.
(2) Assist the contractor in the resolution of technical problems encountered during performance.
(3) Review all costs requested for reimbursement by the contractor cnd 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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Section G
. NRC-02-98-007 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 The in order to reduce the cost' of travel under this contract.
contracting officer shall, upon request, provide each traveler with a letter of identification which is required in order to participate in this program. The Federal Travel Directory (FTD) identifie carriers, contract fares, schedules, payment conditions, and hotel / motel properties which offer their services and rates to l
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.
l The contractor will be reimbursed for reasonsble travel costs (b) incurred directly and specifically in the performance of this contract. The cost limitations for travel costs are determined in cecordance with the specific travel regulaticas cited in FAR as are in effect on the date of the trip. Travel costs 31.205-46, for research and related activities performed at State and nonprofit institutions, in accordance with section 12 of Public Law 100-679, chall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.
(c) When the Government changes the Federal Travel Regulations, or it is the responsibility of the other applicable regulations, contractor to notify the contracting officer in accordance with the Limitations of Cost clause of this contract if the contractor will ba unable to make all of the approved trips and remain within the cost a,nd fee limitat-ions of this contract.due to the changea.
p O.3 2052.215-83 TRAVEL APPROVALS (a) All domestic travel requires the prior approval of the project officer.
(b) All foreign travel must be approved in advance by the NRC on NRC Form 445 and must be in compliance with FAR 52.247-63, Preference for U.S. Flag Air Carriers. Foreign travel approval must be communicated in writing through the contracting officer.
O.4 2052.216-71 INDIRECT COST RATES (a) Pending the establishment of final indirect rates which must be the contractor shall be negotiated based on audit of actual costs, Page 16 of 31
Section G
,~NRC-02-98-007 reimbursed for allowable indirect costs as follows:
'SwRI O/H 118%
Direct Labor & Fringe DOA-3/31/99
'CRWRA O/H' 69%
Dir'ectILabor & Fringe.
DOA-3/31/99 Fringe 44%
Direct Labor DOA-3/31/99 Material Handling 3.3%
Materials & Supplies DOA-3/31/99 (b) The contracting officer may adjust the above rates as
. appropriate during the term of the contract upon acceptance of any.
It is the contractor's revisions proposed by the contractor.
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 fundlng limitations.
G.5-ELECTRONIC PAYMENT
-The Debt Collection Improvement Act of 1996 requires that all IRS tax refunds be made by Electronic Funds payments except 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 conplete the " Company Information" portion of the Standard Form 3881, entitled "ACH Vendor / Miscellaneous-Papent Enrollment Foym" found in Section J.
~
F ""~
The contracter 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 the contractor should inform the financial institution contractor, that the addendum record must not be stripped from the payment.
Further information concerning the addendum is provided at F
The ACN Coordinator should fill out the " Financial Attachment Institution Information" portion of the form and return it-to the Office of the controller at the following address:
Nuclear Financial Regulatory. Commission, Division of Accounting and Finance,
' Operations Section, Mail Stop T-9-H-4, Washington, DC 20555, ATTN:
ACH/ Vendor Express.
It is the responsibility of the contractor to
.cnsure that the financ!.al 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
- Only after the Office of the Controller has processed reminders.
the contractor's sign-up form will the contractor be eligible to Page 17 of 31 l
f Section G
- NRC-02-98-007 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 chahges to the information supplied.
Questions concerning ACH/ Vendor Express should be d.frected to the Financial Operations staff at (301) 415-7520."
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Section H
, NRC-02-98-007 SECTION H - SPECIAL CONTRACT REQUIREMEIUS H.1 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interects (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 oy 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 wPich may give rise to a conflict of interest with respect to the work being performed under this The contractor shall ensure that all employees under this contract.
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 F
firm dr organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting
{
officer before the execution of such contractual arrangement.
{
(2) The contractor may not represent, assist, or otherwise support cn NRC licensee or applicant undergoing an NRC audit, inspection, or
/
I review where the activities that are the subject of the audit, inspection or review are the same as or substantially similar to the carvices within the scope of this contract (or task order as appropriate), except where the NRC licensee or applicant requires the 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 neither solicit nor perform work in the same or similar technical crea for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on i
the site (if not a task order contract) and ending one year after i
completion of all work under the associated task order, or last time-ct the site (if not c task order contract).
Page 19 of 31 l
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=(4) When the contractor performs work for the NRC under this contract at any_NRC licensee or applicant site, (i) The_ contractor may n6t solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.
(ii) The contractor may-not perform-work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the' contracting officer may authorize the contractor:to solicit or perform this type of work (except work in the same or similar technical area) if the I
the situation will not pose a
-contracting officer determines that 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 1CFRc2009.570-2.
(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 terminate avoid or mitigate such conflicts. The NRC may, however, the contract if termination is in the best interest of the government.
(3) It.is reco,gnized that the scope of work of a task-order-type F """
contract necessarily encompasses a' broad spectrum of activities.
the contractor Consequently, if this is a task-order-type contract, agrees that it will disclose all proposed new work involving NRC licensees or applicante 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 cpplicant 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 cward 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 crea and, if' site-specific, the site, or has plans to issue a task order which includes the. technical area and, it. site-specific, the '
cite,.or.when the work violates paragraphs (c) (2), (c) (3) or (c) (4 )
Page 20 of 31
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r, Section H'
,NRC202-98-007 of'this section.
(e)- Access to and use.of inf ormation.
~
the contractor obtains (1) If-in the performance of this contract, such.as NRC plans, policies, reports, access to information, studies, ~ financial' plans, internal ' data protected by the Privacy Act of 1974 (5 U.S.C.-Section 552a'(1988)), or the Freedom of
'Information Act-(5 U.S.C. Section 552 (1986)), the contractor agrees not to:
(i) Use thL information for any private purpose until the
'information has been released to the public; (ii) Compete for work for the Commission based on the information=
-for a period of six months after either the completion of this r
contract or the release of the information to the public, whichever la first; Submit an unsolicited proposal to the Government based on the (iii) 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 agreep that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. section 552a (1988)), or the Freedom'of'Information Act (5 U.S.C..section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the inform.ation.
qw
- the (3). Subject to patent and security provisions of this contract, to use technical data it produces contractor shall have the right 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 contractor, and subcontracts of any tier. The terms contract, contracting officer, must be appropriately modified to preserve the Government's rights.
(g) Remedies. For breach of any of the above restrictions, or for
- intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for cuch erroneous representations that necessarily imply bad faith, the for default, disqualify the
'. Government may terminate'the contract contractor from subsequent contractual efforts, and pursue other Lremedies-permitted-by law or this contract.
for waiver under this clause must be directed
. h)LWaiver.JA request
(
Page.21 of 31'
i Section H
. NRC-02-98-007 l
l in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.
(i) Follow-on effort. The, contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor l
(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 services work or evaluation activities under this contract support on any of its products or services or the products or services of another firm if the contractor has been substantially involved in I
j the development or marketing of the products or services.
1 (1) If the contractor, under this centract, prepares a complete or of work or specifications, the essentially complete statement 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 sarvices 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 thic 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 cuccessful performance of the work hereunder:
Patrick C.'Mackin ~
d'ames Weldy Randnll Fedors Sui-Min Hsiung David Turner David Mauney
\\
\\
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 chall immediately notify the contracting officer and shall, subject I
to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
1 Page 22 of 31 1
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Section H NRC-02-98-007 (c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The reguest must also contain a complete resume for the proposed substitute and other information requested or~needed by the contracting officer to evaluate the proposed substitution. The contracting officer orand his/her authorized representative shall evaluate the request promptly notify the contrr: tor of his or her approval or disapproval in writing.
(d) If the contracting officer determines that suitable and timely terminated, replacement of key personnel who have been reassigned, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the or the service order, the successful completion of the contract may be terminated by the contracting officer for default or contract for the convenience of the Government, as appropriate. If the fault for the condition, contracting officer finds the contractor at the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.
H.3 2052.235-70 PUBLICATION OF RESEARCH RESULTS (a) The principal investigator (s)/ contractor shall comply with the (formerly MC 3202) and NRC Manual provisions of NRC Handbook 3.8 Chapter 3206 regarding publication in refereed scientific and engineering journals or dissemination to the public of any information, oral or written, concerning the work performed under this contract. Failure to comply with this clause shall be grounds for termination of this. contract.
pr (b) The principal investigator (s)/ contractor may publish the results of this work in refereed scientific and engineering journals or in papers at public or association meetings open literature and present interim stages of work, in addition to submitting to NRC the atfinal reports and other deliverables required under this contract.
such publication and papers shall focus on advances in
- However, ccience and technology and minimize conclusions and/or recommendations which may have regulatory implications.
I (c) Prior to any such publication, the contractor shall submit the proposed publication to the NRC Contracting Officer and Project Officer for review and approval.
H.4 2052.235-72 SAFETY, HEALTH, AND FIRE PROTECTION The contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health Page 23 of 31 i
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Section H NRC-02-98~-007 e
and safety of;its employees and of members of the public, including NRCfemployees and contractor personnel, and to minimize' danger from all hazards to-life-andiproperty and shall comply with all applicable' health, safety, and fire protection' regulations and requirements (including reporting requirements) of the Commission-l' cnd the Department of Labor. In the event that the contractor fails p
to. comply with these rego'3tions or requirements, the contracting office may, without pr !u e to any other legal or contractual sue an order stopping.all or any-part of rights of the Commiss st order for resumption of work may be~
a the-work; thereafter,
- +
the contracting officer. The contractor issued at the discret
-r an extension of time or for compensation or.
shall.make no claim
.st dnmages by reason of, or in connection with, this type of work stoppage.
l I
H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED l
(JUN 1988)
The Government will' not provide any equipment / property under this.
contract.
H.6 SEAT BELTS Contractors, subcontractors, and grantees, are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.
p n 1
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Section I iNRC-02-98-007 PART II
-' CONTRACT CLAUSES CONTRACT CLAUSES SECTION I I.1 NOTICE-LISTING CONTRACT CLAUSES-INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hareby incorporated by reference (by Citation Number, Title, and Date) in'accordance with the clause at FAR "52.252-2 CLAUSES in Section I of this contract.
FAR INCORPORATED BY REFERENCE" contains the internet address for electronic access to the 52.252-2 full text of a clause.
DATE NUMBER TITLE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
OCT 1995 52.202-1 DEFINITIONS APR 1984 52.203-3 GRATUITIES 52.203-5 COVENA.NT 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 F*
~~
DEBARMENT 52.215-2 AUDIT AND RECORDS-'-NEGOTIATION AUG 1996 ALTERNATE II (APR 1998) 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997 FORMAT MAR 1997
-52.216-8 FIXED-FEE 52.217-2 CANCELLATION UNDER MULTIYEAR CONTRACTS OCT 1997 52.219-8 UTILIZATION OF SMALL, SMALL JUN 1997 DISADVANTAGED BUSINESS AND WOMEN-OWNED SMALL BUSINESS CONCERNS AUG 1996 52.222-3 CONVICT LABOR.
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 52.223-2 CLEAN AIR AND WATER APR 1984 JAN 1997 52.223-6 DRUG-FREE WORKPLACE 52.225 RESTRICTIONS ON CERTAIN FOREIGN OCT 1996 PURCHASES 52.225-21 BUY AMERICAN ACT--NORTH AMERICAN FREE JAN 1997 Page 25 of 31 i
Section I l
,NRC-02-98-007 TRADE AGREEMENT IMPLEMENhTION ACT--
BALANCE OF PAYMENTS PROGRAM 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 52.227-14 RIGHTS IN DATA -GENERAL JUN 1987 52.228 'l INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996 JUN 1996 52.232-17 INTEREST 52.232-20 LIMITATION OF COST APR 1984 52.232-22 LIMITATION CF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 JUN 1997 52.232-25 PROMPT PAYMENT 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC AUG 1996 FUNDS TRANSFER PAYMENT OCT 1995 52.233-1 DISPUTES 52.233-3 PROTEST AFTER AWARD AUG 1996 ALTERNATE I LIUN I985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997 JUL 1995 52.242-13 BANKRUPTCY 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987 ALTERNATE I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT AND OCT 1997 LETTER CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND APR 1998 COMMERCIAL COMPONENTS 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997 52.249-6 TERMINATION (COST-REIMBURSEMENT)
SEP 1996 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 I.2 52.216-7 ALLOWABLE COST AND PAYMENT (APR 1998) l l
l (a) Invoicing.
The Government shall make payments to the Contractor when requested as work progresses, but (except for small l
often than once every 2 weeks, in F
~
business concerns) not more amounts determined to be allowable by the Contracting Officer in l
accordance with Subpart 31.2 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract and the terms of this contract.
The Contractor may submit to an authorized representative of the Contracting Officer, 2n such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.
(b) Reimbursing costo.
(I) For the purpose of reimbursing allowable costs (except as provided in subparagraph (2) below, with I
respect to pension, deterred profit sharing, and employee stock ownership plan contribut ions), the term " costs" includes only--
(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the Contract; (ii) When the Contractor is not delinquent in paying costs of Page 26 of 31
Caction I
,NRC-02-98-007 3
- contract performance in the ordinary. course of business, costs L
incurred, but'not necessarily paid, for--
L (A) Materials issued from the Contractor's inventory and
_placed in the production' process for use on the contract; (B) Direct labor; (C) Direct travel:
(D) Other direct in-house costs; and (E)' Properly allocable and allowable indirect costs, as shown in the-records maintained by the Contractor for purposes of l
obtaining reimbursement under Government contracts; and (iii) The amount-of progress payments that have been paid to the contractor's subcontractors under similar cost standards.
-(2)
Contractor contributions to any pension or other postretirement benefit, profit-sharing or employee stock ownershipin plan. funds that are paid quarterly or more often may be included indirect costs for payment purposes; PROVIDED, that the Contractor the close of pays-the contribution to the fund within 30 days after the period covered.
Payments made 30 days or more after the close of a-period shall not be included until the Contractor actually m:kes the payment.
Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for payment purposes until the Contractor actually makes the payment.
(3)' Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established.in_accordance with paragraph @l) below.
9 ~
(4) Any statements in specifications or other documents incorporated in this centract by reference designating performance of services or furnishing of materials at the contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.
(c) Small business concerns.
A small business concern may be paid more often than every 2 weeks and may invoice and be paid for recorded costs for items or services purchased directly for the contract, even though the concern has not yet paid for those items or services.
(d) Final indirect cost rates.
(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance in with Subpart 42.7 of the Federal Acquisition Regulation (FAR)
-offect for the period covered by the indirect cost rate proposal.
l (2) (1) The Contractor shall submit an-adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal egency official) and auditor within the 6-month period following the Page 27 of 31
-__m____._.___._______.__._.'.. ______._.____.._i_.____._.
Section I
, NRC-02-98-007 expiration of each of its fiscal years.
Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.
(ii) The proposed rates shall be based on the Contractor's cctual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.
(3) The Contractor and the appropriate Government representative chall execute a written understanding setting forth the final indirect cost rates.
The understanding shall specify (i) the cgreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the and (v) the affected contract and/or subcontract, c ttlement, identifying any with advance agreements or special terms and the cpplicable rates.
The understanding shall not change any monetary cailing, contract obligation, or specific cost allowance or disallowance provided for in this contract.
The understanding is incorporated into this contract upon execution (4) Within 120 uays after settlement of the final indirect cost rates covering the year in which this contract is physically complete (or longer, if approved in writing by the Contracting Officer), the contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates.
(e) Billing rates.
Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established.
These billing F
~
~
~
rates -
(1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.
(f) Quick-closecut procedures. Quick-closecut procedures are applicable when the conditions in FAR 42.708 (a) are satisfied.
(g) Audit.
At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited.
Any payment may be (1) reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) adjusted for prior overpayment or underpayment.
(h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d) (4) of this clause, and upon the Contractor's compliance with all~
terms of this contract, the Government shall promptly pay any Page 28 of 31
'Section I l-
.,.NRC-02-98-007 p
- balance of" allowable _ costs and that part of the fee (if any)Lnot-
- previously' paid.
-(2)1The Contractor _shall pay to the Government any refunds, rebates, credits, orfother amounts (including interest, if any) accruing to or received by the Contractor-or iny assignee under this
-contract, to the extent.that those amounts,are properly allocable'to Ecosts for wnich the Contractor has been reimbursed by.the Government. ' Reasonable expenses incurred by the Contractor ior
. securing refunds,. rebates,_ credits, or other' amounts shall be allowable 1 costs if approved by the Contracting Officer.
Before final payment under this contract, the Contractor and-each assignee
'whose assignment is in effect at the time of final = payment shall
- execute and deliver--
(i) An assignment to the Government, in form and substance satisfactory'to_the Contracting Officer, of refunds, rebates, or other amounts (including interest, if any) _ properly -
- credits, allocableLto-costs for which the Contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims-arising out of or under this contract, except--
(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;
.(B) Claims (including reasonable incidental expenses) based upon liabilities of the contractor to third parties arising out of the performance of this contract; provided, that the claims i
are not known to the Contractor on the date of the execution of the j
release, and that the Contractor gives notice of the claims in writing to the-contracting officer within 6 years following the release date or notice.of final payment date, whichever is earlier; F
- and
~
~
(C) Claims for reimbursement of costs, including reasonable' incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses
. arising from the Contractor's indemnification of the Government against patent' liability.
I.3 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 addre ss (es) :
s
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Section I
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Page 30 of 31
I NRC-02-98-007 Section J
,.,o PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J LIST OF ATTACHMENTS ATTACHMENT NUMBER TITLE 1
l 1
Billing Instructions 2
NRC Contractor Organizational Conflicts of Interest 3
NRC Handbook 3.8 4
Payment Information Form SF3381 - ACH Vendor Payment System 5
Procedures for Resolving NRC Contractor Differing Professional Views 9' ~
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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _