ML20127N497

Contract: Tech Specs - Impact on Operating Reactors During 1984, Awarded to Science Applications Intl Corp

ML20127N497
Person / Time
Issue date:	04/29/1985
From:	Marshall W, Smith P NRC OFFICE OF ADMINISTRATION (ADM), SCIENCE APPLICATIONS INTERNATIONAL CORP. (FORMERLY
To:
Shared Package
ML20127N466	List: ML20127N462 ML20127N497
References
CON-FIN-D-1329, CON-NRC-03-85-061, CON-NRC-3-85-61 NUDOCS 8505230551
Download: ML20127N497 (18)

Text

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t 1 CERTir 4 D FOR NAllONAL DES ENSE AWARD / CONTRACT UNDEP BDSA REG 2 AND/OR DMS RE G.1 l l l7

2. CON T R AC1 (Proc. Inst Jdent.J NO. 3. L e t 6 levE DATE 4. H IE QUlbsT ION /Pv a C ** AbE H E G UE 51 fP8d OJE C T NO.

NRC-03-85-061 MY1 1985 NRR-85-061

5. iS5uED av g, [ 5. A oM N ibi E u E D e v af o,,,,, ,un i,,,i, ,,

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U. S. Nuclear Regulata m Commission '

Division of Contracts '

Washington, DC 20555

). N AME AND ADDR ESS OF CONT R ACT O R (No., e, reef. esty, coun ty, State and Zlf CodeJ 8. OE LIVE RY Science Applications International Corporation P. O. Box 1303 _OrOBoRiGiN OOtsERrs,.wo.,

9. c"ScOU~1 F Oa eROMp1 AvMENT 1710 Goodridge Drive McLean, VA 22102 NET

, 10. SUBMIT INVOICES (4 coDies unless other. llT E M

- wise spretisedI TO THE 12

• CODE FACf LITY CODE ADDRESS SHOWN IN-

u. 5xip iO/M AHn F OR " * **

CODE CODE __  ;

See Section F.2 See Section G .

i 13 THIS ' A. ADVE RTISED 14. ACCOUNTING AND APPROPRI ATION DAT4.

AcOUISITION B. NEGOT I AT ED PUNSU ANT T O: FIN: D1329 APPN: 31X0200.205 jg','j, to uSC 23cmu > @ u uSC 252an10 i B&R: 20-19-50-54-5 Obligated: 541,346 15A. ITEM NO. 15B. SUPPLIE S/SE RVICE S 15C. OU ANTITY 15D. UNIT 15E. UNIT PRICE '15F. AMOUNT The Commission'hereby accepts Science Applications Interna tional Corporation's Proposal No. 1-263-71-860-03 dated A )ril 8,1935, w1ich is incorporated into this contract by this reference to perform the efforts a s detai led herein.

850523[0551850429

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%-.0 O -061 PDR s41,346 15G. TOTAL AMOUNT OF CONTRACT >

16. TABLE OF CONTENTS V) ISEC. l DESCRIPTION lPAGE(S) V)lSEC.! DESCRIPTION lPAGE LS)

PART I - THE SCHEDULE PART il - CONTR ACT CLAUSES X A SOLICITATION / CONTRACT FORM l Xl l l CONTR ACT CLAUSES l ID X B SUPPLIES OR SERVICES AND PRICES / COSTS 2 PART Ill- LIST OF DOCUMENTS, EXHIBIT 5 AND OT HER ATT ACH.

X C DESCRIPTION / SPECS IWORK ST ATEMENT d XlJ l LIST OF ATTACHMENTS l 17 X D PACKAGING AND MARKING O PART IV - REPRESENT ATIONS AND INST RUCTIONS X E l lNSPECTION AND ACCEPTANCE 4 K R E PR ESE NT ATIONS. CE RT IF ICAT IONS AND Y F ' DELIVERIES OR PERFORMANCE 5 OTHER ST ATEMENTS OF OFFERORS l y G CONTRACT ADMINISTR ATION DATA D L INSTRS .CONOS., AND NOTICES TO OFFE R y H SPECI AL CONTR ACT REOUIREMENTS 10 M EVALUATION F ACTORS FOR AWARQ.

CONIRACTING OFFICER WIL L COMPLETE ITEM 17 OR 18 AS APPLICA8lE

17. X CONT R ACl OR*5 NEGOTI ATED AGREEMENT (Controefor is re. 18. AWARD (Contreetor is not regadred to si,n fhts document.) Your enred to ei,n thas document and return ._ cornes to nasuin, offsee.) otter on Soncstatnon Numuer _ ,

untrictor agrees to turnism and cehver all stems or perform alt the servaces set includmg the additions or changes made Dy you wnech acastions or enanges

, form er otherwise noentiteed apote and on any contenu=tson sneets for the are set forth m fun aDove, is nerepy accepteo as to the items usteo apa ve and etnscration stated herem. Tne regnts and obbeations of the parties to this on any contmuation sneets. Tnes award consummates the contract wn.cn con.

c%ntract snett be supiect to and governed by the fotiowing cocuments: (a) this sists of tne fonowmo cocuments- ta) the Govesnment's sohentateor and voor rwrri/ contract. (D) the sohcstation, et any, ano (c) such provisions. repeesenta- of f er ano (D) this award / contract. svo furtner contractual document es neces-tions. certifications, and specifications, as are attacned or lacorporatec Dy sary, r;tErsace nerem. (A ttachments are listed heresn.)

le A. NAME AND TITLE OF StGNER (Type or prant) 20A. N AME OF CONT R ACTING OF FICER Wendy R. Marshall, Contract Representative Patricia A. Smith 198. N..M E OF CONT R ACT OR 19C. D ATL 5aG N tD 208 UNITED $T ATE 5 0F AME RICA 20C. DATE 5sGN[

BY R* 4/29/85 BY O&,5.,n.d,ure 6 or con ,,M.c ,m, O,~e,,N f' -M mRr-

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[ N5N 7540 01 152 8069 28-10e ST ANDARD FORM 26 (REV.10-83)

NRC-03-85-061

, Page 2 Section B --Supplies or Services ~ and Prices / Costs r-

'B.1 Brief Description of Work Entitled " Technical Specifications - Impact on Operating Reactors During 1984" '

A. Program Background and Purpose The 'recently formed Technical Specification Improvement Project (TISP) within the Office of Nuclear Reactor Regulation is currently reconsidering the entire area of technical specifications. One of the TSIP's concerns.is that the technical specifications may be too restrictive in some areas, have unnecessarily impacted plant availability, and that certain requirements should not be in the specifications. Another concern is that the technical specifications are lacking or incomplete in certain areas. .Both the industry cnd NRC seem to agree that technical specifications are

• clearly too cumbersome, too large and not operation-oriented.

7 The purpose of this study is to provide information to the TSIP ..

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regarding the impact of techai al specifications on operating i reactors. This information will assist the TSIP consideration of

• the philosophy of technical ' specifications and provide insight regarding the success of that philosophy.

B. Program Objective The objective of this study is to summarize, based on a compilation and review of 1984 data, how technical specifications have impacted operating reactors. This impact will be determined by reviewing all technical specification violations and required shutdowns and power reductions for 1984 This study will provide insight regarding the .

_ success with which the technical specifications focus on safety. To obtain this. insight, the violations and requirements which caused -

these shutdowns and power reductions will be ranked according to their estimated importance to safety using risk assessment methods. .

B.2 Total Price: -$41,346 '

Section C - Description / Specifications / Work Statement C.1 Statement of Work The Contractor shall provide all personnel, materials, transportation, -

and facilities necessary to perform the following: . -

Task 1 - Initial Review (3 Weeks)

Note: All data to be reviewed will be provided by the NRC project officer on the first day of work at the NRC offices in Bethesda, Maryland. The data will include:

(1) Licensee Event Report (LER) Summaries for 1984 that are submitted pursuant to-10 CFR 50.73(a)(2)(i). These summaries will include all shutdowns required by the plant's technical specifications and any -

s NRC-03-85-061

, Page 3 operation or condition prohibited by the Olant's technical

- specifications (violations). While all data is not yet on hand, it g will be prior to beginning work. About 700 LER's are expected pursuant to this requirement. ,

(2) Licensed Operating Reactors Data for 1984 (NUREG-0020. Vol. 8, Nos.

1-12). This Js commonly referred to as the " Grey Book." This document covers all outages and causes.

(3) Computer printout obtained from NRC Office of Resource Management listing all shutdowns and power reductions for 1984.

1. An initial review of the data shall be conducted by the Contractor.

Based on this initial review, the Contractor will provide a list of technical specification categories to be used in the detailed evaluation (Task II). The categories will be developed so that a determination can '

be made as to which types of technical' specifications are violated most -

(if any), and which impact availability the most (if a ny)'. The '

categorization shall consider the type of specification, such as ,

surveillance requirement, design requirement, etc., and plant and system 2 that are affected. The Contractor will justify and recommend these '

categories to the NRC project officer in the initial review letter.

This letter is due three weeks af ter initiation of the contract. The Contractor will notify the NRC project officer if problems with the data are encountered.

2. The Contractor will also consider in the initial review which " safety importance measures" can best be assigned to the technical specification requirements to indicate their relative importance to safety. For example, relative indicators of low, medium and high may suffice. They should be based and assigned considering the state-of-the-art insights .

~ that have been obtained through reactor probabilistic risk assessments.

Ihe Contractor-will justify and recomend " safety importance measures" and forward to the NRC project officer in the initial review letter.

3. The Contractor will obtain written agreement with the .recomendations in .

his initial review letter from the NRC project officer before proceeding '

with Task II.

Task II - Detailed Review (6 Weeks)

The Contractor will perform a detailed review of the data. The review will -

be done'in three parts:

(1) Violation Review -

The Contractor will review all $echnical specification violations reported in 1984 and categorize / group them using approved groupings from Task I. The violations and groupings will then be evaluated and the Contractor will develop conclusions and insights.

(2) Availability Review - Utilizing the data provided by the NRC project officer, the Contractor will prepare a listing of all outages (shutdowns and power reductions) and determine those required by technical specifications. These specifications shall be grouped as approved in -

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O NRC-03-85-061 Page 4

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Task 1. Some judgement may be required here. It iT expected that the Contractor will use his best judgement and note these areas in his report. Questions on specific technical specifications shall be directed to the NRC project officer. This review shall also provide a ,

sumary of individual outage times, total outage times (and availability) for each plant and all plants to show the impact of technical specifications. Where possible, the Contractor will identify those outages which were extended because the technical specifications would not allow restart until a certain requirement had been met. J

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(3) Importance to Safety - The Contractor will assign an appropriate safety '

importance measure to each violation and specification that required a shutdown or power reduction. The Contractor shall identify any required --

shutdown which, due to challenges to important systems, or change of N operational modes, may have been less safe than remaining at power. The Contractor will then evaluate the results and develop conclusions regarding the focus of technical specifications.

The results of these reviews will be documented in a draft letter report. .

One copy of the report will be provided to the NRC project officer. The

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report shall include the details and recommendations of the initial review ,

and the results and conclusions from the detailed review. This draft report is due to the NRC project officer nine weeks after initiation of the A contract. The information in the report shall be tabulated in such a way that the report can be used as a reference by the TSIP. The use of tables and matrices shall be used to represent detailed data and overall data in a -

sumary format.

Task III - Issue Final Report (4 Weeks) uQ7h&S k 4/D

. g n y m ng g g c,w w JM -

Tk. MRC, Propcr Cthor uno preek a nyt#1ne me ch recCer 6-f dr# le w r e FA-The Contractor will incorpofate NRC comentp jn the draft letter report and .

.. a:clete a final letter report. ThisWe" port is due to the NRC pro c,t, officer four "ech af ter cwiv4ng ce= cats fiwdhe-NRC h3 Ju N 3 b l9 3 -

C.2 Meetings and Travel The Contractor shall meet with the NRC project officer at the NRC

• facilities in Bethesda, Maryland for an initial meeting, an initial review meeting, a progress review meeting and a final presentation of study results.

Section D - Packaging and Marking -

D.1 Packaging and Marking - -

1 The Contractor shall use standard commercial packaging for all items to H 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 "2 g

E.1 FAR Citations f

The Contractor shall refer to Section I, Clause No. 52.252-2 for citations incorporated by reference. -h b

a

. D RC 05- 061 Page 5 Section F - Deliveries and Perforrnance LF.1- Reports, Docurnenta tion and Other Deliverable End ' Items (See Secticn f.l.)

4.

Initial Review Letter three weeks after execution of the contract.

'(Task I)

B. Draft letter Report nine weeks af ter execution of the cotetract.

(Task II)

C. Final Letter Report thirteen weeks after execution of the contract (Task 111) in one copy to the NRC Project Officer and one copy to

-the NRC Contracting Officer.

F.2 Place of Delivery

• The items to be furnished hereunder. shall be delivered, with all "

- transportation charges paid by the Contractor, to. 3 1.. Copies to' Project Officer: -

U.S. Nuclear Regulatory Comission Attn: Scott Newberry Office of Nuclear Reactor Regulation I Division of Safety Technology Mail Stop: AR-5002 Washington, DC 20555 '

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2. Copies to Contracting Officer:

U.S. Nuclear Regulatory Commission Attn: Contractina Officer -

{- Division of Contracts

Mail Stop

'AR-2223 Washington, DC 20555 F.3 Duration of Contract Period ...

This contract shall become effective on May 1,1985, and shall continue l

to completion on: July 31, 1985.

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 h A. Performatice of the work under this contract shall be subject to the t

technical direction of the NRC Project Officer named below.

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- NRC-03-85-061

. .. Page 6 f include the following:The term "lechnical Direction" is defined to 1.

Technical direction to the Contractor which shifts work emphasis between areas of work or tasks, requires pursuit of certain l

lines of inquiry, fills in details or otherwise serves to accomplish the contractual scope of work. I l- 2. Providing assistance to the Contractor in the oreparation of drawings, specifications or technical portions of the work description.

I 3. Review and where bequired by the contract, approval of technical reports, drawings, specifications and technical information to

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be delivered by the Contractor to the Government under the

,. contract. l B. Technical direction must be within the general scope of work stated-in the contract. The Project Officer does not have the authority to  %

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and may not issue any technical direction which:

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

I 2.

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

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) 3. In any way causes an increase or decrease in the total estimated

(:

g-contract cost, the fixed fee, if any, or the time required for contract performance.

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4. Changes any of the expressed terms, conditions or specification's I

of the contract.

C.

ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WRITING BY THE PROJECT. i L

0FFICER OR SHALL BE CONFlRMED 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 Officer.

The Contractor shall proceed promptly with the performance 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. Upun receiving such notification from the Contractor, the Contracting Officer shall issue an appropria te

. , contract y . ;, _ . ,\_ :... . .a. -- - -

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• NRC-03-85-061

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• modification or advise the Contractor in wrfting 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 commitment or direction issued by the Project Officer may result in an unnecessary delay in the Contractor's performance, and may even result in the Contractor expending funds for unallowable costs under the contract.

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." ,

F. Project Officer ,

The individual (s) listed in "B" below is (are) hereby designated as -

the Contracting Officer's authorized representative (hereinafter called Project Officer) for 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 terminate, 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 recommending to the Contracting Officer changes in requirements; (2) interpreting the scope of work; (3) performing technical evaluation as required; (4) performing 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 approval, disapproval, or suspension for supplies / services required under the contract. The Contracting ..

Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.

Fcr guidance from the Project Officer to the Contractor to be valid, it must; (1) be consistent with the description of work set forth e in the contract; (2) not constitute new assignment'of work or change to the expressed terms, conditions or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; and, as stated above, (4) not constitute a basis for any increase in the contract cost.

Name and Mail Code: Scott Newberry, Mail Stop 5002 Office Address: U.S. Nuclear Regulatory Comission Washington, DC 20555

• Telephone Number: 492-4503 L.

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.1RC-03-85-061

- Page 8 G.2 Payment Due Date (a) Payments under this contract will be due 30 calendar days after the later of:

(1) The date of actual receipt of a proper invoice (original and 4 copies) to:

U.S. Nuclear Regulatory Commission e

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

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or (2) The date . the final deliverable product / service is accepted by the Government. -

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

(c) If the final product / service is rejected for failure to conform to the technical . requirements of the contract, the provisions in paragraph (b) of this caluse will apply to the new delivery of the final product / service.

(d) The date of payment by wire transfer through.the Treasury Financial Communications System shall be considered the date payment is made for individual payments exceeding S25,000. The date a check is issued shall be considered the date payment is made for individual payments of $25,000 or less.

q G.3 Invoice Requirements Invoices shall be submitted in an original and 4 copies to:

U.S. Nuclear Regulatory Commission 4 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 inciade the following-information and/or attached documentation: I l

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

(2) Contract number or other authorization for delivery of property or 1 services. "

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• NRC-03-85-061 l

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~ ~ ' (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 information as required by the contract.

G.4 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 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 , c Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, '

1982. Among other considerations, OMB Circular A-125 provides that:

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

(2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest' .

rate applicable on the payment date. Interest will be ' computed from the day after the due date through the payment date. -

G.5 - Method of Payment (a)~ Payment under this contract will be made by wire transfer through the Treasury Financial Communications System for each individual ,

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

(b) Within seven days after the effective date of the contract, the Contractor shall forward the following information in writing to the

. Contracting Officer to facilitate wire transfer of contract e payments. In the event that the Contractor's financial institution has access to the Federal Reserve 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 Communications 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 ~

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NRC-03-85-061 Page 10

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

5. Telegraphic abbreviation of financial institution '

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

7. Name and address of the corresponden2 financial institution your financial institution receives- electronic funds transfer messages through, if it does not have access to the Federal Reserve Communications System

8. Correspondent financial insti,tution 9-digit ABA identifying

• number for routing transfer .of funds

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9. Telegraphic abbreviation of correspondent financial institution

10. Signature and title of person supplying this information '

(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 Key Personnel

__ (a) The following individuals are considered to be essential to the successful performance of the work hereunder. '

Mr. Dan Gallagher 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 immediately 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 information requested by -

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NRC-03-85-061 Page 11 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 discretion 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 resul, tant delay, loss or damage.

• H.2 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 Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or .

__ for compensation or damages by reason of or in connection with such work stoppage. -

H.3 Dissemination of Contract Information (OMB 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 performed 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 termination of a this contract.

H.4 Private Use of Contract Infomation and Data Except as otherwise specifically authorized by Section H., publication of - contract work of this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished the Contractor in the perfomance of this contract, shall be used only in connection with the work under this contract.

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H.5 Drawings ,' Designs,' and Specifications

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' All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data,~ and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work or. any part thereto, shall be subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by- the Contractor and its subcontractors), shall' be the property of the Government and may be used

.by the Government for any purpose whatsoever without any claim -on the

-part of the Contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the Contractor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall' direct upon completion or termination of this contract. The Contractor's right of retention and ,

use shall be subject to the security, patent, and use of information provisions, if any, of this contract. ~

H.6 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 Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (P.L.93-579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. Contractor agrees to hold such information in confidence 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 perform the work under this contract. Contractor agrees to return such information to the Connission or otherwise dispose of. it 'either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or ..

termination of this contract. Failure to comply with this clause shall be grounds for termination of this contract.

H.7 Security (0kB Clearance Number 3150-0112)

(a) It is the Contractor's duty to safeguard Restricted Data Formerly

• Restricted Data, and other classified information. The Contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding Restricted Data, Formerly Restricted Data, and other classified information and protecting against sabotage, espionage, loss and theft, the classified documents and material in the Contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the Contractor shall, upon completion or termination of this contract, transmit to the Commission any classified matter in the possession of the Contractor or any person under the j Contractor's control in connection with performance of this contract.

NRC-03-85-061

. Page 13 a' retention by the Co~ntractor of any classified' matter is required a':er the completion or termination of the contract and such retention approved by the Contracting Officer, the Contractor will- complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained. The certification shall identify the _ items and types or categories of matter retained, the conditions governing the retent'on of the matter and their period of retention, if known. If the retention is approved by the Contracting Officer, the security provisions of the contract will continue to be applicable to the matter retained.

(b) Regulations. The Contractor agrees to confonn to all security

. regulations and requirements of the Commission.

-(c) Definition of Restricted Data. The term " Restricted Data." as used in this clause, means all data concer.ning (1) design, manufacture, or

• utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production -

of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy-Act.of 1954, as amended. , ,

(d) Definition of Formerly Restricted Data. The term "Formerly Restricted Data " as used in this clause, means all data removed from the Restricted Data category under section 142-d. of the Atomic Energy

. Act of 1954, as amended.

(e) Security Clearance Personnel. The Contractor shall not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the- Atomic Energy Act of 1954, as amended, and the Commission's regulations or .

requirements applicable to the particular type or category of classified infonnation to which access is required. -

(f) Criminal Liabilities. It is understood that disclosure of Restricted Data, Formerly Restricted Da ta , or other _ classified ,

-information relating to the work or services ordered hereunder to any -

person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the Contractor or any person under the ,

Contractor's control in connection- with work under this contract, may  :

subject the Contractor, its agents, employees, or subcontractors to q criminal liability under the laws of the United States. (See the Atomic i

Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 UrS.C. 793 <

and 794; and Executive Order 11652.) 1 (g) Subcontracts and Purchase Orders. Except as otherwise authorized in writing by the Contracting Officer, the Contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.

(h) In performing the contract work, the Contractor shall assign classifications to all documents, material, and equipment originated or generated-by the Contractor in accordance with classification guidance -

p NRC-03-85-061

, Page 14 by the_ Commission. Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, or equipment shall provide that the subcontractor or suppl.ier shall assign classifications to all such documents, '

material, and equipment in accordance with classification guidance furnished by the Contractor.

H.8 Contractor Oroanizational Conflicts of Interest (OMB 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 role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract. ,

'(b) Scope. The restrictions described herein shall apply to #

performance or participation by the Contractor as _ defined in 41 CFR

$20-1.5402(f) in the activities covered by this clause.

(c) Work for Others. Notwithstanding any other provision of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with

-any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The Contractor shall ensure that all employees 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

~c lause.. If the Contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement .

with any firm or organization may involve a potential conflict ~ of interest, the Contractor shall obtain the written approval of the <

Contracting Officer prior to execution of such contractual arrangement.

(d) Disclosure after award.

L (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 or anizational 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 immediate and full disclosure in writing to the )

Contracting Officer. This statement shall include a description of  ;

the action which the Contractor has taken or proposes to take to i avoid or mitigate such conflicts. The NRC may, however, terminate i the contract for convenience if it deems such termination to be in the best interests of the Government.

(e) Access to and use of information.

4

, , - ~ - -- - - - . -- , - - - - ~ ~ - a - ,w-

• ~

- ' NRC-03-85-061

. Page 15

'~ ' (1) If the Contractor in the performance of thTs contract obtair.s access to informa tion, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act ,

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

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

(iii) submit an unsolicited proposal to the Government based on such information until one year after the release of such

• information to the public, or-(iv) release the information without prior written approval by the Contracting Officer unless such information has .

.~

previously been released to the public by the NRC.

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

(3) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it -

produces under this co1 tract 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 f subcontracts of any tier. The terms " contract," " Contractor," and

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

(g) Remedies. For breach of any of the above prescriptions or for intentional nondisclosure or misrepresentation of any relevant interest "

-required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the Government may terminate the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.

(h) Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (E00) -in 'accordance with the procedures outlined in

$20-1.5411-D

HRC-03-85-061

. Page 16 PART II.- CONTRACT CLAUSES r-Section I -- Contract Clauses 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR1984)

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

-Contracting Officer will make their full text available.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-4 INSPECTION OF' SERVICES--FIXED-PRICE. (APR1984)

Section F *

)

52.212-13 STOP-WORK ORDER. (APR1984)

Section I - i 52.202-1 DEFINITIONS. (APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT. (APR 1984) 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR 1984) 52.215-2 AUDIT--NEGOTIlTION. (APR 1984) -

52.215-31 WAIVER OF FACILITIES CAPITAL COST OF MONEY. (APR 1984) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. (APR 1984) ~

- 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (APR 1984) 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR 1984) . s 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (APR 1984) 52.222-3 CONVICT LABOR. (APR 1984) 52.222-26 EQUAL OPPORTUNITY. (APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA - '

VETERANS (APR 1984) 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.227-1 AUTHORIZATION AND CONSENT. (APR 1984) 52.227-2 NOTICE AND ASSISTANCE, REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (APR1984) W 52.227-11 PATENT RIGHTS--RETENTION BY THE CONTRACTOR (SHORT FORM).

(AFR 1984) . ..

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 1984) 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO. _( APR 19.84_)_ ._

i 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. _ _ .(APR 1984)  ;

52.232-11 EXTRAS. (APR 1984) 1 52.232-17 INTEREST. (APR1984) l 52.232-23 ASSIGNMENT OF CLAIMS. (APR 1984) 52.233-1 DISPU.N. (APR1984) 52.243-1 CHANGES--FIXED-PRICE. (APR1984)--AlternateI. (APR1984) 52.246-25 LIMITATION OF LIABILITY--SERVICES. (APR 1984) 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS. (APR1984) 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT l (SERVICES) (SHORT FORM). (APR1984) i 52.249-8 DEFAULT.(FIXED-PRICESUPPLYANDSERMICE). (APR 1984) 1

T

=*

NPC-02-85-061 Page 17 PART 111 - LIST OF DOCUMENTS, ETHIBITS, AND OTHER ATTACHMENit-Section J - List of Attachments Attachment Number Title 1 NRC Organization Chart 2

NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 3 NRC Manual Chapter 3202 4

Billing Instructions for fixed Price Type Contracts e

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