ML20137Z036

Contract: Correlation of Radioiodine Resuspension W/Temp at TMI-2, Awarded to Daniel & Assoc,Inc

ML20137Z036
Person / Time
Site:	Three Mile Island
Issue date:	09/30/1985
From:	Daniel J, Thompson R DANIEL & ASSOCIATES, INC., NRC OFFICE OF ADMINISTRATION (ADM)
To:
Shared Package
ML20137Z019	List: ML20137Z013 ML20137Z036
References
CON-FIN-D-1647, CON-NRC-04-85-138, CON-NRC-4-85-138 NUDOCS 8510080146
Download: ML20137Z036 (14)

Text

.- _ _ _ _ - _ _ _ .

I AWARD / CONTRACT

'1.TwiS CONTn ACT iS A mAuO OmOE a uNOEn OPAS tis CFn mi b

y 1 l 19

v. Co*T uaCi s . s.ee amene s no. s.ErrtCTevEDATE .. nteviseT60se/punC*iast mEevEs1/wmoaCT no.

NRC-04 138 SEP 306.Wno ihisTrato av frr.she, ab Jere. 3)

s. essuto av g l

U.S. Nuclear Regulatory Coninission Division of Contracts Washington, DC 20555 T. naut amo aoontss or CoosTaaCTon m...ews. ever,w ey, see. e zip c.d., s. Os u vE n v Daniel and Associates, Inc. ros Oaicm te OTnE m ,s., s..,

850 Sligo Avenue .. oesCove ron '

no. T uve~i

' - " t '

501 Union Trust Building ,

Silver Spring, MD 20910 ,

t to SueUIT INVO*CES

,4 . N . .. I'T E S ene ep-en.dA TO TME }p F ACeLeTV COOE ADOMESS SNOpt W CODE

h. s-.. To/wana rom is. ,avus=T ..LL et unos av g o, See Section G -

Se_e_Section F.2  ;

. i.e.eomia

3. a,vgg.o. Yv .. os G .T eE. Y,sa rue.e. A=o os.E. C_ _ve. i..aCCoome.e.a.co - -

B&R No. 601930 $27,600 iousC.meme i 4 us C m*8 8 FIN D1647 ISA. ITE M NO 154. SUPPLIES /SE RveCE S ISC OUANTiTV 150. UNff 1SE. UNIT PRICE ISF. AMOUNT This is a firm fixed price contract.

The Contractor shall perform research entitled "Corre lation of Radiciodine Resuspension with Tenperature at THI-2" in accordance with the schedule and the contractor's proposal dated April 24, 1985, which is incorporated

, .prein and made a nart heranf TeG. TOTAL AasOuerf or COerTmACT > $ 27.6nn

16. TA8t.E OF CONTENTS .

m ISEC I DE scaiPTiON IPAcE tSi m lSEC. l OESCaiPTiON IPAcE tsi pa AT e = Toot sCMEovLE past se - Co*eTR ACT CL'austs i

. X A SoucitATiONiCONTaACT FOmW 1 Xl I CONinACT CLAUSES I 13 e SUPPLIES Om SERveCES ANO PasCE*/ COSTS 2 pant eos - Lost or poCue.toets. E mmesents A=O ovest a ATTaC*e.

X f C DESCmsPTsON/SPE C$ tWOME ST ATE e$eE NT *) XlJ l LIST OF ATTACMMENTS l 14 O PACE age *eG AND MAmEI*eG 9 pant IV - mapaassarTaveos.s Asso seest muCTso**.

t' U E sesSPECTBON AND ACCEPTA*sCE '* 2 E ME PRE SE NT ATIONS. CE RTIF IC AT SONS AND j

9 F DE LevE miE S Om PE mF ORMANCE 2 OTHE P. ST ATEMENTS OF OF F E ROMS X G CONTRACT AOweestSTRATION DATA J L le#STRS . CONOS . Ae#0 NOT8CES TO OF F E moms Y H SPECIAL CONTRACT REOUIREMENTS 0 W EVALUATION F ACTORS FOm AwAmo C0A TRACTING OFFICER WIIi COMPL ETE ITEN 110R IS AS AWLICASL E een,e . 30. A aao #c e.re., e e d se .es ene dee # e v.w.

7. O CowTmaCToms estGofiaTao AomgauaNT #c 1:'**J '".". ':.*e.*Off ' '."*.:7 '". '.. e . . . "4".". . #:r:1!3 ':.f 7J' il *.".**4"eOl" ".r:f" . ..e.. e

'".'".::.70' . '?:L"',0;.*.'.rf.:" .*:r ?s'?.". :".". ., W A".*  :: ." 7e: '" ?" "=e"YTe*L".' .*'" rJe.'.*;."*".J:'.'.".* :r '.".' e

O'.",e'.y"f,e e, = n _ ,,e g. 4e. ;. .,.'it:l'.'?.'lll'.y;":?,*'

m g,.gg ,.in-:" = '"* f"*.""""N**O'".M. J.a.",

l.lfJ'..*'.'."*JTJ"!.*,7,""".l3.W.E* L".". l"si.' ".".f.:".:e***.Jf.T iSA. hat.E A8eo T6TLE oF ssG8eER (Type .e pee e, 29A. 8ement oF Co*eTR ACTeNG oFFtCEm i

f J.A. DANIEL, PRESIDENT knaldD. Thompson 19e. MaedE F Co*e7 aC o A n :9C.paTE saQNED #9e. UtesTE o sT ATEs oF AteE seeC A 29C. oaTE S.GNED sv M U I/2/

/ ev S7N - e. ..- M '. , orn-,, N f- M+g-g me .r,..e en.,e. e. , .i c

==>.4i.ise w9 es-im Previous 8ofTto.s useusacLE eT ANoA.n.o Pr.ern , OsarOmu ss iae v. .c.

l

==,n =9evect iwie-in wan '*""*C'"8'

! .ess l

l 8510080146 850930 l PDR CONTR NRC-04-85-138 PDR

NRC-04-85-138 Page 2 Section B - Supplies or Services and Prices / Costs B.1 Brief Description of Work The contractor shall conduct research entitled " Correlation of Radioiodine Resuspension with Temperature at TMI-2."

B.2 Total Price. . . . . . . . . . . . . . . . . . $27,600 Section C - Description / Specifications / Work Statement

w. -. - . .,~. . -,___ . .- - . . . -- -

C.1 Statement of Work The work to be perfonned and the objectives to be met in this contract shall be in accordance with the contractor'.s technical and cost proposal in response to the FY 1985 Small Business Innovation Research Program (SBIR) which is incorporated as attached (Attachment 5).

~

Sfction D - Padkaging and Marking -

D.1 The contractor shall use standard connercial packaging for all items to be delivered. 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 FAR Citations The contractor shall refer to Section I, Clause No. 52.252-2 for citations incorporated by reference.

Section F - Deliveries and Performance

. F.1 Reports, Documentation anif Other Deliverable End Items

a. Letter progress reports in three copies to the Project Officer and one copy to the Contracting Officer shall be due by November 30, 1985 and January 30, 1986.

b. A final report to include the results of the work performed I under this contract shall be submitted to the project officer in one camera ready copy and three copies at the conclusion of this effort. In addition, one copy of the final report shall be submitted to the Contracting Officer on the completion date of the contract. l F.2 Place of Delivery The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to:

1. Copies to Project Officer:

)

NRC-04-85-138 Page 3 '

l U.S. Nuclear Regulatory Comission ATTN: L. Chan Office of Nuclear Regulatory Research Division of Accident Evaluations Mail Stop: 1130SS Washington, DC 20555

2. Copies to Contracting Officer:

U.S. Nuclear Regulatory Comission ATTN: Contracting Officer Division of Contracts Mail Stop: AR 2223 Washington, DC 20555

~

F.3 Duration of Contract Period This; contract shall become effective on the effective date as specified in Block 3 of the SF26, and shall continue to completion thereof, which is six months after said contract is effective.

F.4 FAR Citations The contractor shall refer to Section I, Clause No. 52.252-2 for citations incorporated by reference.

Section G - Contract Administration Data G.1 Technical Direction A. Performance of the work under this contract shall be subject to-the technical direction of the NRC Project Officer named in Section G.2 of this contract. The tenn " Technical Direction"

. is defined to include the following:

1. Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual scope of work.

2. Providing assistance 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 infonnation to be delivered by the Contractor to the Government under the contract.

B. Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which:

j I,

, NRC-04-85-138

! Page 4 1

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

2. Constitutes a change as defined in the clause of the General Provisions, entitled " Changes."

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. -

4. Changes any of the expressed terms', conditions or i specifications of the contract.

C. ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE

~

4 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

0f{icer. - .

l The Contractor shall proceed promptly with the perfonnance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within such person's authority under the provisions of this article.

If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the

- categories as defined in B(1) through (4) 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, the Contracting Officer shall issue an appropriate contract modification or advise the o Contractor in writing that, in the Contracting Officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause.

D. Any unauthorized consnitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's i

perfonnance, and may even result in the Contractor expending funds for unallowable costs under the contract.

E. 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 the provisions

. of the contract clause entitled " Disputes."

G.2 Project Officer A. The individual (s) listed in "B" below is (are) hereby designated as the Contracting Officer's authorized representative (hereinafter called Project Officer) for l

NRC-04-85-138 Page 5 l

technical aspects of this contract. The Project Officer is not authorized to approve or request any action which results in or could result in an increase in contract cost; or teminate, settle any claim or dispute arising under the contract, or issue any unilateral directive whatever.

The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including surveillance and assessment of performance, and reconsnending to the Contracting

-~0fficer changes in requirements; (2) interpreting the scope of work; (3) perfoming technical evaluation 'as required; (4) l perforcing technical inspections and acceptances required by this contract; and (5) assisting the Contractor in the resolution of technical problems encountered during performance. Within the purview of this authority, the Project Officer is authorized to review all costs requested for

~

reimbursement by Contractors and submit recommendations for

~

Japproval, disapproval, or suspension for supplies / services required under the contract. The Contracting Officer is

, responsible for directing 'or negotiating any changes in tems, 1 conditions, or amounts cited in the contract.

f For guidance from the Project Officer to the Contractor to be

valid, it must

(1) be consistent with the description of work -

~

set forth in the contract; (2) not constitute new assignment of 1 work or change to the expressed . terms, conditions or specifications incorporated into. this contract; (3) not constitute a basis for an extension to the pe.riod of performance or contract delivery schedule; and, as stated above. (4) not constitute a basis for any increase in the contract cost. -

B. Name and Mail Code: '

L. Chan

. Office-Address: U.S. Nuclear Regulatory Consnission

. Office of Nuclear Regulatory Research Mail Stop 1130 SS Washington, DC 20555 i  :

G.3 Invoice Requirements l

. Invoices shall be submitted in an original and 4 copies to:

U.S. Nuclear Regulatory Consnission Division of Accounting and Finance Office of Resource Management ATTN: GOV /COM Accounts Section Washington, D.C. 20555.

To constitute a proper invoice, the invoice must include the following infomation and/or attached documentation:

(1) Name of the business concern and invoice date. ,

i

^

NRC-04-85-138 Page 6 (2) Contract number or other authorization for delivery of property or services.

(3) Description price and quantity of property and services actually delivered or rendered.

(4) Shipping and payment terms.

(5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

(6) Other substantiating documentation or infonnation as required by the contract. ,

~

G.4 Payment

~ ~

(a) .' Payment shall be made in the amount of $9,200 to the contractor within 30 days after receipt of each of the two letter progress reports as required in Section F.1.a. Payment shall not be made prior to receipt of said progress reports.

(b) Final payment shall be made in the amount of $9,200 to the contractor within 30 days after receipt of the final report as required in Section F.1.b.

(c) All contractor invoices shall identify the contract number and the monthly letter progress report for which payment is claimed.

(d) If this contract provides for a discount, the contract shall-indicate the contract's discount terms (Block 9 of Standard Fonn 26) on the face,page of the invoice.

G.5 Interest on Overdue Payments (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the payment of interest to contractors on overdue l

payments and improperly taken discounts.

(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 I delayed because of a disagreement over the amount of l payment or other issues concerning compliance with the terms of the contract.

I l

NRC-04-85-138 Page 7 (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.

G.6 Method of Payment (a) Payment under this contract will be made by wire transfer

- _ . - through the Treasury Financial Comunications System for each -

individual payment in excess of $25,000 and by Treasury check for each individual payment of $25,000 or less.

(b) Within seven days after the effective date of the contract, the Contractor shall forwird the following infonnation in writing to the Contracting Officer to facilitate wire transfer rf contract payments. In the event that the Contractor's institution has access to the Federal Reserve

financial Comunications System, Contractor shall complete all items except items 7 - 9. In the event the Contractor's financial institution does not have access to 'the Federal Reserve.

~

Comunications System, Contractor shall complete all items except item 4.

~

1. Name and address of organization

2. Contact person and telephone number

3. Name and address of financial institution

4. Financial institutions's 9-digit ABA identifying number-for routing transfer of funds e 5. Telegraphic abbreviation of financial institution

6. Account number at your financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Comunications System

7. Name and address of the correspondent financial institution your financial institution receives electronic funds transfer messages through, if it does not have access to the Federal Reserve Comunications System

8. Correspondent financial institution 9-digit ABA identifying number for routing transfer of funds 4

9. Telegraphic abbreviation of correspondent financial institution j 10. Signature and title of person supplying this information

, r,. n , . , - . - . - , . - .,. . , . - . . - ,,

NRC-04-85-138 Page 8 (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous bank accounts.

Section H - Special Contract Requirements H.1 Ke.y Personnel (a) The following individuals are considered to bd essential to the successful performance of the work hereunder.

Jack A. D,aniel

~

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 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall innediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

(c) All requests for approval of substitutions hereunder must 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

. infonnation' requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitution. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his approval or disapproval thereof in writing.

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

terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discret%n of the Contracting Officer if he 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.

S

. - . - e - ., ~~m- ,,- -m, - r.-..-, . . , , - - , - - - - , . -. - _ _ , , , , , - ,v.,.,,,....,,n- .,.~,.-,w

..,,..-.,,-a------,,em- c,,- , -w

NRC-04-85-138 Page 9 H.2 Consultant or Other Comparable Employment Services of Contractor Employees (OMB Clearance Number 3150-0112)

The Contractor shall require all employees who are employed full-time (an individual who performs work under the cost-type contract on a full-time annual basis) or part-time (50 percent or more of regular annual compensation received under terms of a contract witfi the Comission) on the contract work to disclose to the Contractor all consultant or other comparable employment services which the employees proposed to undertake for others. The Contractor shall transmit to the Contracting Officer all infomation obtained from such disclosures. The Contractor will require any employee who will be employed full-time on the contract to agree, as a condition of his partic.ipation in such work, that he will not

.. perfom consultant or other comparable employment services for another Comission cost-type Contractor under its contract with the Comission except with the prior approval of the Contractor.

H.3 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 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 health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Labor. In the event that the Contractor fails to comply with said regulations or requirements, the Contracting Officer may, without prejudice to any other legal or contractual rights of the Comission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be-issued at the discretion of the Contracting Officer. The Contractor shall make no claim for a.n extension of time or for compensation or o damages by reason of or in connection with such work stoppage.

H.4 Dissemination of Contract Infomation (0MB Clearance Number 3150-0112)

The Contractor shall not publish, permit to be published, or disseminate to the public any information, oral or written, concerning the work perfomed under this contract without the prior written consent of the Contracting Officer. Two copies of any information proposed to be published or disseminated shall be ,

submitted to the Contracting Officer. Failure to comply with this '

clause shall be grounds for temination of this contract. l H.S Private Use of Contract Infomation and Data Except as otherwise specifically authorized by Section H.,

publication of contract work of this contract, or as othemise approved by the Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the

l NRC-04-85-138

! Page 10 i

i' performance of this contract, shall be used only in connection with the work under this contract.

l H.6 Drawings, Designs, and Specifications All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photogra phs ,

negatives, reports, findings, recomendations, data and memoranda of 4 every description relating thereto, as well as all copies of the 1 foregoing relating to the work or any part thereto, shall be subject i to inspection by the Comission at all reasonable ~ times (for which j inspection the proper facilities shall be afforded the Comission by

] the Contractor and its subcontractors), shall be the property of the i Government and may be used by the Government for any purpose i .,

whatsoever without any claim on the part of the Contractor and its

! subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material. for its own use, be delivered to the Government, or j othemise disposed of by the Contractor either as the Contracting j Officer may from time to time direct during the progress of the work

! or in any event as the Contracting Officer shall direct upon 1 completion or temination of this contract. The Contractor's right j of retention and use shall be subject to the security patent, and use of information provisions, if any, of this t'ontract.

~

i

• H.7 Proprietary Data and Confidential Information

~

In connection with the performance of the work under' this contract, the Contractor may be furnished, or may develop or acquire.

proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Comission.

plans, policies, reports, financial plans, internal data protected i by the Privacy Act of 1974 (P.L.93-579), or other infomation which i . has not been released to' the public or has been detemined by the Comission to be othemise exempt from disclosure to the public.

Contractor agrees to hold such infomation in confidr.nce and not to directly or indirectly duplicate, disseminate, or disclose such information in whole or in part to any other person or organization

except as may be necessary to perfom the work under this contract.

Contractor agrees to return such infomation to the' Comission or

~

! othemise dispose of it either as the Contracting Officer may from i

time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or 4 temination of this contract. Failure to comply with this clause I

shall be grounds for termination of this contract.

H.8 Contractor Organizational Conflicts of Interest (OM8 Clearance Number 3150-0112)

(a) Purpose. The primary purpose of this clause is to aid in

ensuring that the Contractor

(1) Is not placed on a conflicting i role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the ' work under this I

i  !

_ . - . , _ _ . _ _ _ _ _ _ _ _ , _ . ___ ___... ____ _ ..~ __ __.....-_.___ _ _ _ _ _

NRC-04-85-138 Page 11 contract, and (2) does not obtain an unfair competitive advantage over other pi.rties by virtue of its perfomance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 620-1.5402(f) in the activities covered by this clause.

(c) Work for Others. Notwithstanding any other provision of this contract, during the tem 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 perfomed 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 employee that any proposed consultant or other contractual arrangement with any fim 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 ctherwise set forth in this contract.

it does not have any organizational conflicts of interest, as defined in 41 CFR 20-1.5402(a).

(2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this.

contract, it shall make an innediate and full disclosure in writing to the Contracting Officer. This statement shall e includs 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 temination to be in the best interests of the Government.

(e) Access to and use of infomation.

(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. S3-579), or data which has not been released to the public, the Contractor agrees not to:

(i) Use such information for any private purpose until the infomation has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release

~ _ _ _ _ _ _ _ - . __ _ _ _ __ .

NRC-04-85-138 Page 12 of such infonnation to the public, whichever is  !

first; (iii) submit an unsolicited proposal to the Government based on such infonnation until one year after the release of 4 such information to the public, or (iv) release the infonnation without prior written approval by the Contracting Officer unless such infonnation has previously been released to the public by the NRC.

(2) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privi.leged technical, business, or financial infonnation under this contract, the Contractor shall treat such infonnation in accordance with restrictions placed on use

.'of;the infonnation.

(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 tenns " contract," " Contractor," and

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

(g) Remedies. For breach of any of the above prescriptions or fer-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 tenninate 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 procedures i outlined in 520-1.5411.

l l

NRC-04-85-138 Page 13 l

PART II - CONTRACT CLAUSES Section I - Contract Clauses 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE. (APR1984)

Section F 52.212-13 STOP-WORK ORDER. (APR1984) -

Section I 52.202-1 DEFINITIONS. (APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT. (APR1984)

._ 52.203-3 GRATUITIES. (APR'1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR1984) 52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY. (APR1984) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (APR1984) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (APR1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR1984)

. 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (APR 1984) 52.222-3 CONVICT LABOR. (APR1984) 52.222-26 EQUAL OPPORTUNITY. (APR1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) 52.222-36 AFFIRMATIVEACTIONFORHANDICAPPEDWORKERS 52.227-1 AUTHORIZATION AND CONSENT. (APR 1984)--Alternate I.

1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT -

INFRINGEMENT. (APR1984) 52.227-11 PATENTRIGHTS--RETENTIONBYTHECONTRACTOR(SHORTFORM).

(APR1984)'

52.229-3 FEDERAL, STATE.ANDLOCALTAXES(APR1984) 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO. (APR 1984) 52.232-2 PAYMENTS UNDER FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS. (APR 1984) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (APR1984) 52.232-17 INTEREST. (APR1984) 52.232-23 ASSIGNMENT OF CLAIMS. ( APR 1984)--Alternate I. (APR 1984) 52.233-1 DISPUTES. (APR1984) 52.243-1 CHANGES--FIXED-PRICE. (APR1984)--Alternate 5. (APR 1984) 52.246-25 LIMITATION OF LIABILITY--SERVICES. (APR1984) 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS. (APR1984) 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM). (APR1984) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR1984) l l _ - _ . . _ .- _

NRC-04-85-138 Page 14 4

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments Attachment Number Title 1 NRC Organization Chart 2 NRC Contractor Organizational Conflicts of Interest (41CFRPart20) ,

3 NRC Manual Chapter 3202 4 Billing Inst. ructions for Fixed Price Type Contracts

~

_ 5 Contractor's technical and cost proposal in response to the FY 1985 Small Business Innovation Research Program (SBIR) entitled " Correlation of Raditiodine Resuspension withTemperature at TMI-2."

m 9

O l

1 l

1 1

- .-