ML20141H369
| ML20141H369 | |
| Person / Time | |
|---|---|
| Issue date: | 07/21/1997 |
| From: | Mace M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | NRC |
| Shared Package | |
| ML20141H375 | List: |
| References | |
| CON-GENERAL NUDOCS 9707230037 | |
| Download: ML20141H369 (85) | |
Text
- _ . . . .- - - . - - - . . . . . - . . . - -- - - - - ~ ~
4.
Mco g .y S UNITED STATES gj [ NUCLEAR REGULATORY COMMISSION o & WASHINGTON, D.C. 20666 4001
- ...../
JUE 2 1 Iggr !
I
- OFFERORS:
SUBJECT:
REQUEST FOR PROPOSAL NO. RS-RES-97-055 ENTITLED, " TECHNICAL l i
SUPPORT FOR REGULATORY GUIDE ON LEAK-BEFORE-BREAK (LBB)
EVALUATION PROCEDURES" 4
The U.S. Nuclear Regulatory Commission is soliciting offers for the project entitled above. The full scope of work anticipated is as set forth in Part I, Schedule.
j lt is our intention by this solicitation to secure the best qualified organization available to perform this project, cost and other factors considered.
Offers for this requirement may be submiMed by all concems, i.e., large basinesses, smail 4
businesses, and small businesses owned and controlled by socially and economically t
disadvantaged individuals.
The solicitation package is enclosed. If you desire to respond, your offer should conform to the requirements set forth in Section L of the solicitation. Further, you will be required to perform an oral technical and management presentation to address the topics set forth in Section L of the solicitation. All presentations will be evaluated against the evaluation criteria shown in Part IV, Section M.
If you have any questions conceming the requirements of this solicitation, please contact Sally Adams, Contract Specialist, on (301) 415-6588 (collect calls will not be accepted).
Sincerely, Ma W H. ace, Contra
. MM ig Officer
//j C tra Management ranch 1 ,-
Di ision of Contracts and Property Management 'M .
Officeof Administration V
Enclosure:
As stated 9707230037 970721 '
, PDR CONTR QENERAL PDR Ord !!,!!!!-
- 2. s a
ADDRESSEE LIST SOLICITATION NO. RS-RES-97-055 l
l l
l Battelle-Columbus Attn: Gery Wilkowski 505 King Avenue Columbus, OH 43201 Edison Welding Institute Attn: Dr. Kyle Koppenhoefer 1250 Arthur E. Adams Drive Columbus, OH 43221 MPR Associates Attn: Dorothy Adams 320 King Street Alexandria, VA 22314 1
Robert L. Cloud & Associates, Inc. I 2150 Shattuck Avenue, Suite 1200 Berkeley, CA 94704-1306 i Sartrex Attn: Ron Gamble 1700 Rockville Pike, Ouite 400 Rockville, MD 20852 Southwest Research Institute 6220 Culebra Road San Antonio, TX 78228-0510 StructuralIntegrity Associates Attn: Peter C. Riccardella 3315 Almaden Expwy., Suite 24 i San Jose, CA 95118-1557 Zenith Corporation Attn: Dr. Akram Zahoor 7700 Goodfellow Way Rockville, MD 20855-2259 i
l
. m _. _. - __ _ . _
. 4 SOLICITATION, OFFER AND AWARD Page 1 of 3 Pages
- 1. This contract is a rated order under DPAS (15 CFR 700) RATING:
. 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION ;
RS-RES-97-055 () SEALED BID (IFB)
! [X) NEGOTIATED (RFP) l 5. DATE ISSUED 6. REQUISITION / PURCHASE REQ. NO.
l RES-97-053 l 7. ISSUED BY CODE 8. ADDRESS OFFER TO l
ATTN: RS-RES-97-055 (If other than Item 7)
U.S. Nuclear Regulatory Commission Offer must be addressed as shown in l Division of Contracts, Contracts Item 7. Hand-carried offers (Inc.
Management Branch: Branch 1 Exp. Mail & delivery serv.) must be Mailstop T-712 delivered to the address in Item 9. I
! Washington, D.C. 20555 )
NOTE: In sealed bid solicitations, " offer"/" offeror" mean " bid"/" bidder".
SOLICITATION l
- 9. Sealed offers for furnishing the services or supplies in the schedule are ri due at 3:30 PM, Washington, DC local time on Auoust 7.1997 . Offers sent j through the U.S. Mail (including U.S. Postal Service Express Mail Next Day j Service - Post Office to Addressee) must be addressed to the place specified l in Item 7. All hand-carried offers including those delivered by private i delivery services (e . g . , Federal Express and Airborne Express) must be j delivered to the loading dock security station located at 11555 Rockville ;
Pike, Rockville, Maryland, 20852 and received in the depository located in l Room T7-I2. All offerors should allow extra time for internal mail
, distribution. NRC is a secure facility with perimeter access-control and NRC i personnel are only available to receive hand-carried offers during normal working hours, 7:30 am - 3:30 pm, Monday through Friday, excluding Federal
- holidays.
I Offerors should clearly identify the RFP number on the outside wrapper. IFBs should have affixed the Optional Form (OF) 17, " Sealed Bid Label," on the outside wrapper.
CAUTION - LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS. SEE SECTION L.
PROVISION NO. 52.214-7 OR 52.215-10.
All offers are subject to all terms and conditions contained in this ;
colicitation. (See the Provision in Section L, " Proposal Presentation and i I
L Format").
l 10. FOR INFORMATION A. NAM 3: B. TELEPHONE' iiv . (Include Area Code)
CALL: Sally A. Adams (NO COLLECT CALLS)
(301) 415-6588 i
, EXCEPTION TO STANDARD FORM 33 (REV.4-85) Prescribed by GSA FAR (4 8 CFR) 53. 214 (c) !
.....w -
.- - -. - ~_ - - . _ - . . . - _ - - ._ __- - - . _ . .
SOLICITATION, OFFER AND AWARD Page 2 of 3 Pages 1
1 TABLE OF CONTENTS 11.
X SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND' ACCEPTANCE 4
F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES
- PART.III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS j J LIST OF ATTACHMENTS l .
PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS,. CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD OFFER (Must be f ully completed by of feror)
NOTE: Item.12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period.
- 12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
- is inserted by the of feror) from the date for receipt of offers specified above, to furnish any or all items upon which prices _are offered at the price
- set. opposite each item, delivered at the designated point (s), within the time specified in the schedule.
i 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8)
Il CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS
- 14. ACKNOWLEDGMENT OF AMENDMENTS The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO. DATE AMENDMENT NO. DATE EXCEPTION TO STANDARD FORM 33 (REV.4-85) Prescribed by GSA -
FAR(48 CFR) 53. 214 (c) -
l k
SOLICITATZOM, OFFER AND AWARD Page 2 of 3 Pages i
- 11. TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING
! E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES l PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD ;
1 OFFER (Must be fully completed by offeror)
NOTE: Item 12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period.
- 12. In compliance with the above, the undersigned agrees, if this offer is j accepted within calendar days (60 calendar days unless a dif ferent period j is inserted by the of feror) from the date for receipt of offers specified !
above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point (s), within the time specified in the schedule.
- 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 1 CALENDAR DAYS 20 CALENDAR DAYS 3J CALENDAR DAYS CALENDAR DAYS I
- 14. ACKNOWLEDGMENT OF AMENDMENTS The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO. DATE AMENDMENT NO. DATE 1
l l
l EXCEPTION TO STANDARD FORM 33 (REV.4-85) Prescribed by GSA FAR (4 8 CFR) 53. 214 (c) l l
- . ~ . . - . . - - . - . . ~ - - . ..- . . - . - . . . . ..- - - ... .~. .
~. .-
! -I
-SOLICITATION,. OFFER AND AWARD Page 3 of 3 Pages OFFER (CONTINUED) 15A. NAME AND CODE,l l FACILITY l 16. NAME AND TITLE OF PERSON
- ' ADDRESS AUTHORIZED TO SIGN OFFER OF (Type or print) l OFFEROR 15B. TELEPHONE'NO. (Include Area 1SC. CHECK IF REMITTANCE ADDRESS IS l
Code) [] DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE l
r
~17. SIGNATURE: 18. OFFER DATE:
AWARD (To be completed by Government)
- 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION l
l
- 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
[ ] 10 U.S.C. 2304 (c) [ ] [] 41 U.S.C. 253(c)[-]
- 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM (4 copies unless otherwise specified)
- 24. ADMINISTERED BY CODE l 25. PA MENT WILL BE MADE BY CODE-l )
(If other than Item 7) U.S. Nuclear Regulatcry Commission Division of Accounting-and Finance GOV /COM Accounting Section
- Washington, DC 20555
- 26. NAME OF CONTRACTING OFFICER 27. UNITED STATES OF AMERICA 28. AWARD
-(Type'or Print) DATE l (Signature of Contracting Officer)
I l IMPORTANT - Award will be made on this Form or on Standard Form 26, l or by other authorized official written notice.
I l l EXCEPTION TO STANDARD FORM 33 (REV.4-85) Prescribed by GSA !
l FAR (48 CFR) 53. 214 (c)
! I I I i
u
- . , ,. -. . .-- . , - , , . , , - . ~ - - , , , , - .
1 TABLE OF CONTENTS PAGE i
SOLICITATION, OFFER AND AWARD PART I - THE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . 4 1
, l SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS . . . . . . . . . 4 I B.1 PROJECT TITLE . . . . . . . . . . . . . . . . . . . . 4 B.2 BRIEF DESCRIPTION OF WORK OHAR 1987) . . . . . . . . . 4 B.3 CONSIDERATION AND OBLIGATION--COST PLUS FIXED FEE . . 4 l (JUN 1988) ALTERNATE I (JUN 1991) I l
-SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT . . . . . . . 5 )
C.1 BACKGROUND . . . . . . . . . . . . . . . . . . . . . . 5 l C.2 OBJECTIVE . . . . . . . . . . . . . . . . . . . . . . 5 C.3 TECHNICAL AND OTHER SPECIAL QUALIFICATIONS REQUIRED . 6 C.4 SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 6 C.5 NRC-FURNISHED MATERIALS . . . . . . . . . . . . . . . 10 C.6 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 1993) . . . . 10 SECTION D - PACKAGING AND MARKING . . . . . . . . . . . . . . . . . 11 D.1 PACKAGING AND MARKING (MAR 1987) . . . . . . . . . . . 11 SECTION E - INSPECTION AND ACCEPTANCE . . . . . . . . . . . . . . . 12 E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 12 E.2 PLACE OF INSPECTION AND ACCEPTANCE (WUt 1987) . . . . 12 E.3 QUALITY ASSURANCE AND INSPECTION . . . . . . . . . . . 12 SECTION F - DELIVERIES OR PERFORMANCE . . . . . . . . . . . . . . . 13 F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 13 F.2 DELIVERABLES - REPORTS . . . . . . . . . . . . . . . . 13 F.3 NRCAR 2052.212-70 PREPARATION OF TECHNICAL , . . . . . 14 REPORTS (JAN 1993)
F.4- NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT . . . . . 14 F.5 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) . . . . 14 F.6 PLACE OF DELIVERY--REPORTS (JUN 1988) . . . . . . . . 16 F.7 DURATION OF CONTRACT PERIOD OHAR 1987) . . . . . . . . 17 F.8 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL . . . 17 VIEWS (DPVs)
SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . 18 G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY . . . . . 18 (JAN 1993)
G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT . . . . . . . . 20
- ALTERNATE 1 (JAN 1993)
G.3 NRCAR 2052.216-71 INDIRECT COST RATES (JAN 1993) . . . 21 G.4 USE OF AUTOMATED CLEARING HOUSE (ACH) . . . . . . . . 21 ELECTRONIC PAYMENT SECTION H - SPECIAL CONTRACT REQUIREMENTS . . . . . . . . . . . . . 23 H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL . . . . . 23 CONFLICTS OF INTEREST (JAN 1993) i
i l
TABLE OF CONTENTS PAGE H.2 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993) . . . . . . 27 l H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED 28 (MRI 1988 )
H.4 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS . . . . . . 28 CONVICTED OF DRUG TRAFFICKING OR POSSESSION (SEP 1990)
H.5 NONDISCLOSURE AGREEMENTS . . . . . . . . . . . . . . . 28 l PART II - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . 29
- l l SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . 29 I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 29 I.2 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) . . 30 l
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . 32 i
! SECTION J - LIST OF ATTACHMELcS . . . . . . . . . . . . . . . . . . 32 ;
J.1 ATTACHMENTS (MAR 1987) . . . . . . . . . . . . . . . . 32 l 1
! PART IV - REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . 33 l
.SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND . . . . . . . . . 33 OTHER STATEMENTS OF OFFERORS l
[ K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMEN 33 TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)
K.2 52.204-3 TAXPAYER IDENTIFICATION (MAR 1994) . . . . . 34 l
K.3 52.204-5 WOMEN-OWNED BUSINESS (OCT 1995) . . . . . . . 35 K.4 52.204-6 CONTRACTOR IDENTIFICATION NUMBER--DATA UNIVERS 36 NUMBERING SYSTEM (DUNS) NUMBER (DEC 1996)
K.5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 37 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS i (WU1 1996)
K.6 52.215-6 TYPE OF BUSINESS ORGANIZATION . . . . . . . 38 (JUL 1987)
K.7 52.215-11 AUTHORIZED NEGOTIATORS (APR 1984) . . . . . 39 K.8 52.215-20 PLACE OF PERFORMANCE (APR 1984) . . . . . . 39 I I
K.9 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS . . . 39 i (JAN 1997) I K.10 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES . 41 l (APR 1984) .
! K.11 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS . 43 I t (APR 1984)
K.12 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) . . 43 K.13 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) 43 K.14 NRCAR 2052.209-70 QUALIFICATIONS OF CONTRACT . . . . . 44 EMPLOYEES (JAN 1993)
K.15 NRCAR 2052.209-71 CURRENT /FORMER AGENCY . . . . . . . 44 EMPLOYEE INVOLVEMENT (JAN 1993)
K.16 NRCAR 2052.209-72 CONTRACTOR ORGANIZATIONAL . . . . . 44 CONFLICTS OF INTEREST (REPRESENTATION) (J)Mi 1993)
- SECTION L - INSTRUCTIONS, CONDITIONS, AND . . . . . . . . . . . . . 46 ii
d TABLE OF. CONTENTS PAGE NOTICES TO OFFERORS L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED . . . . 46 BY REFERENCE (JUN 1988)
L.2 52.216-1 TYPE OF CONTRACT (APR 1984) . . . . . . . . 46 L.3 52.233-2 SERVICE OF PROTEST (AUG 1996) . . . . . . . 46 L.4 NRCAR 2052.215-74 TIMELY RECEIPT OF PROPOSALS (JNM 1993 47 L.5 NRCAR 2052.215-75 AWARD NOTIFICATION AND . . . . . . . 47 COMMITMENT OF PUBLIC FUNDS (JAN 1993)
L.6 NRCAR 2052.215-76 DISPOSITION OF PROPOSALS . . . . . . 48 L.7 NRCAR 2052.215-77 PROPOSAL PRESENTATION AND FORMAT . . 48 L.7.1 General Instructions . . . . . . . . . . . . . . . 48 L.7.2 Oral Technical and Management Presentation and . . 49 Supporting Documentation Requirements - Instructions L.7.3 Oral Technical and Management Presentation - Locatio 50 L.7.4 Oral Technical and Management Presentation - Schedul 50 L.7.5 Oral Technical and Management Presentation - Topics 50 L.7.6 Supporting Documentation Requirements . . . . . . . 52 L.7.7 Cost Proposal . . . . . . . . . . . . . . . . . . . 54 L.8 SUBMISSION OF QUESTIONS BY OFFERORS . . . . . . . . . 55 L.9 NRCAR 2052.222-70 NONDISCRIMINATION BECAUSE . . . . . 56 OF AGE (JAN.1993)
L.10 ACCEPTANCE PERIOD (WUR 1987) . . . . . . . . . . . . . 56 L 11 ESTIMATED DURATION (JUN 1988) . . . . . . . . . . . . 56 L.12 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC . . . 57 PAYMENT / REMITTANCE ADDRESS SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . 58 M.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED . . . . 58 BY REFERENCE (JUN 1988)
M.2 NRCAR 2052.215.84 CONTRACT AWARD AND EVALUAT'.ON . . . 58 OF PROPOSALS - TECHNICAL MERIT MORE IMPORTANT THAN COST (JAN 1993)
M.3 EVALUATION CRITERIA . . . . . . . . . . . . . . . . . 59 iii
4 . . . _ __ _- . . . . .- _ . __
1 RS-RES-97-055 Section B 1
i l l
- PART I - THE SCHEDULE 1
SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS B.1 PROJECT TITLE 4
! The title of this project is as follows:
. Technical Support for Regulatory Guide on Leak-Before-Break l (LBB) Evaluation Procedures (End of Clause] !
l i
BRIEF DESCRIPTION OF WORK (MAR 1987)
B.2-e The contractor shall provide technical support to the NRC staff for the development of a regulatory guide on leak-before-break evaluation procedures based on previous research, industry applications, and prior rulemaking. j
[End of Clause]
I 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 * , of which the sum of
- represents the estimated reimbursable costs, and of which
- 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.
(c) The amount currently obligated by the Government with respect
- of which the sum of
- to this contract is ,
represents the estimated reimbursable costs, and of which
- represents the fixed fee.
(d) It is estimated that the amount currently allotted will cover performance through * .
[End of Clause]
- To be incorporated into any resultant contract Page 4 of 60
I
, i RS-RES-97-055 Section C i
a SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT C.1 BACKGROUND In 1987, a final rule was-published amending GDC-4 to permit the use of leak-before-break (LBB) analyses in all qualified high energy piping. Also in 1987, a draft Standard Review Plan (SRP)
Section, SRP 3.6.3 entitled " Leak-Before-Break Evaluation Procedures," providing review guidance for the implementation of the revised GDC-4, was published for public comment. During the same time frame, NRC sponsored research programs addressing pipe cracking, fracture analysis methods, material property evaluations, and other supporting analysis methods, such as leak rate ~ estimation were in various stages of completion; i.e., the i Degraded Piping Program (1981-1989), the Short Cracks in Piping I and Piping Welds Program (1990-1994) and the International Piping )
Integrity Research Group (IPIRG) (1986-1996). The draft SRP, supplemented as necessary by NUREG 1061, Volume 3 and other pertinent information formed the guidance for staff review of LBB 1 submittals. !
Because of the ongoing research programs and the conservative margins-(both explicit and implicit) required for LBB application, finalization of draft SRP 3.6.3 was held in abeyance until completion of those programs. The last of the research programs, IPIRG, conducted pipe fracture experiments under realistic pressure and temperature conditions and at representative seismic loading rates. Over the last 10. years, IPIRG supported a ;
multi-million dollar research program that has advanced the state-of-the-art in pipe fracture analysis to the point that the fracture behavior of cracked pipe can be confidently predicted.
Final LBB evaluation guidance can now be developed.
There continues to be a need for licensee guidance in performing LBB evaluation for nuclear power plant systems in operating plants and for proposed advanced reactor designs, as evidenced by a recent request for permission to apply LBB for feedwater piping in advanced reactor designs. The regulatory guide being developed by the NRC, Er3 supported by this work, is intended to satisfy the need for regulatory guidance on applying LBB to nuclear power plant systems.
C.2 OBJECTIVE The objective of this project is to provide technical support to the NRC staff as they develop a regulatory guide on leak-before-break evaluation procedures based on previous research, industry applications and prior rulemaking.
Page 5 of 60
RS-RES-97-055 Section C C.3 TECHNICAL AND OTHER SPECIAL QUALIFICATIONS REQUIRED This work requires a thorough knowledge of the procedures used for perforning LBB analysis for commercial power reactors, specifically fracture mechanics methods, leak rate estimation, and material properties evaluations. The offerer shall also have a thorough knowledge of research performed through NRC uponsored research programs addressing pipe cracking, and the previous regulatory guidance provided to the licensees regarding LBB analysis.
C.4 SCOPE OF WORK The NRC's effort to develop regulatory guidance on procedures for demonstrating leak-before-break for nuclear power plant piping will draw heavily upon past regulatory decisions in this area and subsequent confirmatory research results. The technical support to be provided under this contract will involve collecting and assessing information on previous regulatory decisions, and contrasting the technical basis for those actions to more recent research results to identify areas that were either more conservative or less conservative than currently desired. The work to be performed under this contract is delineated in the following tasks:
3 Task 1 - Detailed Work Plan The Contractor shall meet with the Project Officer and other NRC staff requested by the Project Officer within 30 days after the award of this contract to develop a detailed work plan for this project. The plan, to be submitted by the Contractor to the
, Project Officer within 30 days of the meeting, shall identify specific actions to be taken by the Contractor, or by the NRC staff as appropriate, the specific dates those actions are to be completed, and the detailed format and content of project deliverables. The NLC Project Officer shall respond to the work plan submittal within 10 days of receipt. Work shal not commence on the subsequent tasks of this project until the detailed work plan has been approved by the NRC's Project Officer.
Task 2 - Review Documentation of NRC Anoroval of LBB Applications The NRC has approved LBB for the large diameter primary pressure boundary piping in all PWRs, and has approved LBB for other lines and applications on a case-by-case basis. The Contractor, with assistance from NRC, shall obtain the Safety Ev&luation Reports, and other regulatory documentation, for these approvals for currently operating reactors and advanced reactor designs. The contractor shall review and summarize this information to identify (1) analysis methods, (2) assumptions, (3) basis for the material properties used in the analyses, and any restrictions or conditions imposed on the approval.
Page 6 of 60
RS-RES-97-055 Section C C.4 (Continued)
Task 2 Deliverable A draft' letter report summarizing this review, and detailing the references to the information, shall be provided to the NRC Project Officer within 6 months of approval of the detailed work plan under Task 1. The draft report shall be prepared as a final letter report within 60 days of approval by the NRC Project Officer.
TapK 3 - Review Relevant Research Results The NRC began approving leak-before-break applications on a broad scale in the mid-1980s. Since that time, significant research efforts have been completed, in the U.S. and other countries, addressing the underlying technology. There have been significant advances in the fracture analysis methods, material property determinations, and leak rate estimation methods. Additionally, there is now a laige body of pipe fracture experimental data that has been used to validate the analysis methods. The Contractor shall review the relevant national and international research data, contrasting differences and similarities between the technical bases for previous LBB approvals and the research results. The specific research efforts to be included in the review shall be specified in the detailed work plan prepared under Task 1.
Task 3.1 In addition to the general review, the Contractor shall collect and review information pertinent to the following specific topics:
- The capabilities and limitations of computer software pertinent to LBB evaluations. The review shall include, but not be necessarily limited to, software for estimating leak rates, crack opening area, and maximum load carrying capacity of cracked pipe. The specific software to be reviewed should include software written under previous NRC-funded research, i.e., SQUIRT and NRCPIPE. The review shall address the various deterministic analysis models in those computer codes, e.g., the GE/EPRI method, and the LBB.ENG2 method.
- The effects of cyclic and dynamic loading on fracture toughness and the resultant effect on the load carrying capacity of cracked pipe. For example, the review should address issues such as the adequacy of current stress multiplier approaches, such as the Z-factor approach used in the ASME Code.
- The effects of crack morphology on leak rate estimations and Page 7 of 60
l j RS-RES-97-055 l
Section C l C.4 (Continued) l the flaw size that would be predicted to result in a specific leak rate. For example, the review should address the need for, or desirability of, a crack opening displacement (COL) model that is dependent upon crack morphology rather than the
[ current COD-independent models.
1
- The effect of the restraint of pressure-induced bending on the I fracture predictions for cracked pipe. For example, the review should address the effect of restrained pressure-induced bending on the correlation between leak rate and crack size, and on the prediction of maximum load carrying capacity of small diameter pipe.
- The effect of weld residual stresses on leak-before-break evaluations. For example, the review should address techniques that can account for the effective shortening of crack length in small diameter piping due to contact between the crack faces due to large rotations of those faces, and should address potential improvements in the leak rate estimations that could be obtained by accounting for this effect.
- The effects of different material property behavior for various classes of material. For example, the review should address limits on applicability for ferritic materials that exhibit dynamic strain aging, the effects of different materia.1 properties at bimetallic welds, and the differences in behcvior for centrifugally cast or statically cast versus wrought stainless steels.
The detailed list of tonics to be addressed shall be specified in the detailed work plan prepared under Task 1.
Ta sf- 3 Deliverable The Contractor shall prepare a draft letter report summarizing their view of research efforts and specific topics. The draft report shall be provided to the NRC Project Officer within 12 months of approval of the detailed work plan under Task 1. The draft shall be submitted as a final letcer report within 60 days of approval by the NRC Project Officer.
Task 4 - Alternatives to Leak-Before-Break Experience with leak-before-break evaluations in currently operating nuclear power plants has shown a practical lower limit on pipe diameter on the order of 6 to 8 inch nominal pipe size.
For some advanced reactor designs, where anticipated stress levels
, may be even lower than for current designs, and where the l designers seek to minimize structural obstructions and " clutter" l inside containment, the current leak-before-break evaluation i
Page 8 of 60
l 1 l RS-RES-97-055 Section C C.4 (Continued) 1 practices are at least as restrictive in terms of pipe diameter as I for current plants. l In general, it is appropriate to minimize the number of pipe whip restraints and jet impingement barriers to provide better access to piping components for inservice inspection, and to help reduce l heat loss to the containment atmosphere. Making use of l leak-before-break on small diameter (4 - 8 inch nominal pipe size) would contribute to minimizing these structural components. I However, there ia no clear basis for changing the leak-before-break evaluation procedures to lower the effective limit on pipe diameter.
The contractor shall evaluate the regulatory and design criteria applicable to pipe whip restraints and jet impingement barriers, in conjunction with the review of technical literature (Task 2) i and research programs (Task 3), and shall identify possible alternatives to the existing criteria and evaluation procedures that might be used in lieu of leak-before-break to eliminate the need to install pipe whip restraints or jet impingement barriers.
Pros and cons shall be identified for each alternative. If a
, l. proposed alternative could increase the potential for pipe failure, an estimate of the reduced margin against failure shall be determined. If the proposed alternative is not anticipated to have an impact on the potential for pipe failure, or to possibly reduce the potential for pipe failure, the contributing factors shall be described.
Task 4 Deliverable i The Contractor shall prepare a draft letter report describing the alternatives considered, and their potential impact on pipe failure. The draft letter report shall be submitted within 18 months after approval of the detailed work plan under Task 1. The letter report shall be submit ' ad in final form within 60 days of approval by the NRC Project Officer.
Task 5 - Alternatives and Revision to Leak-Before-Break Evaluation Methods This task provides for the synthesis of the evaluations and reviews performed in the previous tasks into a list of potential alternatives and revisions to the leak-before-break evaluation methods that have been used by the NRC, Based on the reviews of the information, research results, and specific topics, the contractor shall identify a list of potential alternatives or revisions to the leak-before-break evaluation methods for both operating and new reactor designs. For each potential alternative or revision, discuss its impact on the potential for pipe fracture, either in deterministic (margin against failure) or probabilistic (pipe failure frequency) terms, and identify any Page 9 of 60
. _ ,_._ _ _ _ . . . _ _ _ _ _ _ - _ . ~ . _ _ _. -._ . ._ _ _ - - ..-
RS-RES-97-055 Section C C.4- (Continued) interactions with other potential alternatives or revisions.
1 Task 5 Deliverable The Contractor shall prepare a final report for the project, in i NUREG/CR format, which summarizes the efforts and results of each of the tasks, and that provides'the detailed list of potential alternatives and revisions determined under this Task 5. A draft report shall be. submitted to the NRC Project Officer thirty (30)
I months after the' effective date of the contract. The NRC Project .
j Officer will provide written comments, if any, on the report within 60 days of receiving the draft report. The Contractor !
, shall resolve those comments, to the extent feasible, and provide l the final report to the Project Officer by the end of the period
. of performance.
j C.5 NRC-FURNISHED MATERIALS The NRC Project Officer will provide assistance to the' Contractor i 1
, -in~ obtaining information and research reports not availuble
- through public sources. The NRC Project Officer will'also make provisions for the Contractor to gain access to the NRC NUDOCS information storage and retrieval system. In those cases where L relevant reports or information are required from foreign sources, i the NRC Project Officer will provide assistance in obtaining this information through NRC cooperative information exchange
. agreements. Only information, foreign and domestic, obtained 3 through official channels shall be utilized in performance of this effort.
[End of Clause]
! C.6 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 1993) l t H (a) All domestic travel requires the prior approval of the. project l officer, b (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. ]
[End of Clause]
i Page 10 of 60 i
RS-RES-97-055 Section D ,
1 i
i
?
SECTION D - PACKAGING AND MARKING D .1. PACKAGING AND MARKING (MAR 1987) i The Contractor shall package material for shipment to the NRC in
[ such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided. l 1
- (End of Clause]
- l i
i
{'
i l
i l
Page 11 of 60
. - . -_ ~ ___-__ _ . - _ . _ _ . . _ _._. ___....m. .-. - _ .
l l
RS-RES-97-055 Section E l
SECTION E - INSPECTION AND ACCEPTANCE E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference, i 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 I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.246-5 INSPECTION OF SERVICES APR 1984
- COST-REIMBURSEMENT
[End of Clause]
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.
[End of Clause]
r E.3 QUALITY ASSURANCE AND INSPECTION All work performed under this contract shall be in accordance with an accepted Quality Assurance (QA) program approved for use by the NRC. At a minimum, the QA program shall address the following:
(1) Verification, control, and release of computer software;-
(2) Verification and control of computations and analyses; (3) Quality assurance for data analysis and report accuracy; and (4) Quality assurance program organization, authority, and responsibility.
The Government reserves the right to conduct any inspections and tests it deems reasonably necessary to assure that the services provided conform in all respects to the contract specifications and quality assurance plan. Services and/or deliverables which ,
upon inspection are found not to be in conformance with contractual specifications shall be promptly rejected and notice of such rejection, together with appropriate instructions will be provided to the contractor by the contracting officer.
[End of Clause]
Page 12 of 60
L
- RS-RES-97-055 Section F i
i d
SECTION F - DELI"ERIES OR PERFORMANCE i
F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
- 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.
i I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES !
i i
, NUMBER TITLE DATE 7
j 52.242-15 STOP-WORK ORDER AUG 1989 Alternate I~(APR 1984)
[End of Clause]
l F.2 DELIVERABLES - REPORTS l The contractor shall submit the followire reports accordingly.
TASK 1 - INITIAL WORK PLAN Draft Due: 30 days after initial plz ing meeting NRC comments / approval will~be provided sithin 10 days of receipt of the plan TASK 2 - LETTER REPORT l Draft Due: 6 months after approval of the Task 1 work plan Final Due: 60 days after receipt of NRC comments / approval TASK 3 - LETTER REPORT I
Draft Due: 12 months after approval of the Task 1 work plan Final Due: 60 days after receipt of NRC comments / approval TASK 4 - LETTER REPORT Draft Due: 18 months after approval of the Task 1 work plan Final Due: 60 days after receipt of NRC comments / approval ,
TASK 5 - NUREG/CR REPORT Draft Due: 30 months after effective date of the contract Final Due: 6 months after receipt of NRC comments / approval (End of Clause]
Page 13 of 60 l
1 I
RS-RES-97-055 Section F 4
F.3 NRCAR 2052.212-70 PREPARATION OF TECHNICAL
, REPORTS (JAN 1993)
All technical reports required by Section C c.ad all Technical Progress Reports required by Section F are to be prepared in
, accordance with the attached Management Directive 3.8,
" Unclassified Contractor and Grantee Publications in the NUREG Series." Management Directive 3.8 is not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract. (See Section J for List of Attachments).
4
[End of Clause]
i F.4 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT The contractor shall provide a monthly Technical Progress Report to the project officer and the contracting officer. The report is due within 15 calendar days after the end of the report period and must identify the title of the project, the contract number, job code number, project manager and/or principal investigator, the contract period of performance, and the period covered by the report. Each report must include the following for each discrete task / task order: ,
(a) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanation provided; l (b) Any' problems or delays encountered or anticipated and recommendations for resolution. If the recommended resolution involves a contract modification, e.g., change in work requirements, level of effort (cost) or schedule delay, the contractor shall submit a separate letter to the contracting officer identifying the required change and estimated cost impact.
(c) A summary of progress to date; and (d) Plans for the next reporting period.
[End of Clause]
F.5 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) ,
The contractor shall provide a monthly Financial Status Report to the project officer and the contracting officer. Also, whenever the report references the acquisition of, or changes in status of, property valued at the time of purchase at $50,000 or more, send a copy of the report to the Chief, Property Management Branch, Division of Facilities and Property Management , Office of Administration. The report is due within 15 calandar 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 Page 14 of 60
RS-RES-97-055 Section F F.5 (Continued) principal investigator, the contract period or performance, and the period covered by the report. Each report must include the following for each discrete task:
(a) Total estimated contract amount.
(b) Total funds obligated to date.
(c) Total costs incurred this reporting period.
_(d) Total costs incurred to date.
(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task, if it is a task ordering contract.
(f) Balance of obligations remaining.
(g) Balance of funds required to complete contract / task order.
(h) Contractor Spending Plan (CSP) status:
(1) Projected percentage of completion cumulative through the report period for the project / task order as reflected in the current CSP.
(2) Indicate if there has been a significant change in the original CSP projection in either dollars or percentage of completion. Identify the change, the reasons for the change, whether there is any projected overrun, and when additional funds would be required. If there have been no changes to the original NRC-approved CSP projections, a written statement to that effect is sufficient in lieu of submitting a detailed response to item h.
(3) A revised CSP is required with the Financial Status Report whenever the 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 than what had been previously estimated.
(i) Property status:
(1) List property acquired for the project during the month with an acquisition cost of $500 or more and less than
$50,000. Give the item number for the specific piece of
- equipment.
l (2) List property acquired for the project during the month with an acquisition cost of $50,000 or more. Provide the following information for each item of property: item Page 15 of 60 l
t
RS-RES-97-055 Section F-
- F.5' (Continued).
i description.or nomenclature, manufacturer, model number, 3 ' serial number, acquisition cost, and receipt date. .If no property was acquired during the month, include a j statement to that effect. Note: .The same information 4
shall be'provided for any component or peripheral equipment which is-part of.a " system or system unit."
} (3) For multi-year projects, in the September monthly
-fiancial' status report provide a cumulative listing of property with an acquisition cost of'$50,000 or more
($5,000 or more if purchased priorito October 1, 1995) showing the above information.
(4 ). In.the final monthly status report provide a closeout property report containing the same elements as described above for the monthly financial status. reports, for all.
property purchased with NRC funds regardless of value unless title has been vested in the contractor. If no property was acquired under the contract, provide a-statement to that effect. The report should note any property requiring special handling for security, health, safety, or other reasons as part of the report.
(j) Travel status:
List the starting and end dates for each trip, the starting point and destination, and the traveler (s) for each trip.
If the data in this report indicates a need for additional funding beyond that already obligated, this information may only be used as support to the official request for funding required in accordance with the Limitation of Cost (LOC) Clause (FAR 52.232-
- 20) or the Limitation of Funds (LOF) Clause (FAR 52.232-22).
[End of Clause]
F.6 . 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)
(b) Contracting Officer a copy)
Page 16 of 60
. 4 .
1 RS-RES-97-055 Section F !
F.6 (Continued)
[End of Clause]
F.7- DURATION OF CONTRACT PERIOD (MAR 1987)
This contract shall' commence on'the effective date and will expire 36. months thereafter.
[End of Clause]
F.8 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS (DPVs)
The Nuclear Regulation Commission's (NRC) policy is to support the contractor's expression of professional health and safety related concerns associated with the contractor's work for NRC that -(1) 'may dif fer from a prevailing NRC staf f view, (2) disagree with an NRC decision or policy. position, or (3) take issue with proposed or established agency practices. An occasion may arise when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious expression of a competent judgement is required to document such concerns on matters directly associated with its' performance of the contract. The procedure that will be used provides for the expression and resolution of differing professional views (DPVs) of health and safety related concerns associated with the mission of the agency by NRC contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of the contract, may be found in Section J of the solicitation. The contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees. NOTE: The prime contractor or subcontractor shall submit all DPV's received but need not endorse them.
[End of Clause]
l l
1 1
- Page 17 of 60
. ._ . . .. _ .,. ._ . . ~ _ _ _ _ _ . _ _ . _ _ - . _
RS-RES-97-055 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY (JAN 1993)
(a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:
Name:
- Address:
- Telephone Number: *
(b) Performance of the work under this contract is subject to the technical direction of the NRC project officer. The term technical direction is defined to include the following:
(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, fills in details, or otherwise serves to accomplish the contractual statement of work.
l (2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work description.
(3) Review and, where required by the contract, approval of technical ~ drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.
(c) Technical direction must be within the general statement of work stated in the contract. The project officer does not have the authority to and may not issue any technical l ' direction which:
(1) Constitutes an assignment of work outside the general scope of the contract.
(2) Constitutes a change as defined in the " Changes" claus:
I of this contract.
t (3) In any way causes an increase or decrease in the total Page 18 of 60
4 4 RS-RES-97-055 Section G G.1 (Continued) 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 under the contract, or issues any unilateral directive whatever.
(d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer.
(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the project officer in the manner prescribed by this clause and within the project officer's authority under the provisions of this clause.
(f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one of the categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the " Changes" clause.
(g) Any unauthorized commitment or direction issued by the project officer may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.
(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect there to is subject to FAR 52.233 Disputes.
l (i) In addition to providing technical direction as defined in l 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.
Page 19 of 60 l
?
l
I RS-RES-97-055 Section G-l l 'G.1 (Continued) i V
L (2) Assist the contractor in the resolution of technical problems encountered during performance.
(3) Review-all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension "
l of payment for supplies and services required under this contract.
(End of Clause]
- To be incorporated-into any resultant contract G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT
- ALTERNATE l' (JAN 1993)
(a) The contractor is encouraged to use Government contract airlinas, AMTRAK rail services, and discount hotel / motel properties in order to reduce the cost of travel under his i contract. The 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)~ identifies carriers,. contract fares, l schedules, payment conditions, and hotel / motel properties l which offer their services and rates to Government contractor !
personnel traveling on' official business under this contract.
The FTD, which is issued monthly, may be purchased from the U.S. Government Printing Offico, Washington, DC 20402.
(b) The contractor will be reimbursed for reasonable travel costs incurred directly and specifically in the performance of this contract. The cost limitations for travel costs are determined in accordance with the specific travel regulations cited in FAR 31.205-46, as are in effect on the date of the trip. Travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, shall 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.
Page 20 of 60
RS-RES-97-055 Section G G.2- (Continued)
-(c) When the Government changes the Federal Travel Regulations, or ;
other applicable regulations, it is the responsibility of the ;
contractor to notify the contracting officer in.accordance l with the Limitations of Cost clause of this contract if the contractor will be unable to make all of the approved trips -
I and remain within the cost and fee limitations of this contract due to the changes.
(End of Clause)
G.3 NRCAR 2052.216-71 INDIRECT COST RATES (JAN 1993)
(a).Pending the establishment of. final indirect rates.which must be. negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs as follows:
(b) The contracting officer may adjust the above rates as appropriate during the term of the contract'upon acceptance of any revisions proposed by the contractor. It is the contractor's responsibility to notify the contracting officer in accordance with FAR 52.232-20, Limitation of Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if these changes affect performance of work within the established cost or funding limitations.
[End of Clause]
~*To be incorporated into any resultant contract G.4 USE OF AUTOMATED CLEARING HOUSE (ACH)
ELECTRONIC-PAYMENT It is the policy of the U.S. Nuclear Regulatory Commission to pay. Government vendors by the Automated Clearing House (ACH) electronic funds transfer ~ payment system in lieu of a U.S.
Treasury check. 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 by Vendor Express, the contractor shall complete the " Company Information" portion of Form SF 3881, entitled " Payment Information Form - ACH Vendor Payment System"
.Page 21 of 60
. . - , - . - .. - .. - .- . - . - - - - . - . . - . . - . , . - . - . . - - . - . . ~ . . . - . _ . ~
RS-RES-97-055 Section-G G.4. (Continued) found in Section J. -The contractor shall take the form to the ACH l
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 i- record) will be' passed to them once the payment is received by the financial institution. The contractor must ensure that the addendum record'will'not be stripped from the payment. The ACH Coordinator will fill out the " Financial Institution Information" l
. portion of the. form and return it to the Office of the Controller at the following address: Nuclear Regulatory Commission, ATTN:
ACH/ Vendor Express, Division of Accounting and Finance, Mailstop T-9-E-2, Washington,'DC 20555. Once the Office of the Controller has processed the contractor's sign-up form, the contractor will begin to receive payments electronically via Vendor Express /ACH.
If the offerors / bidders have questions concerning ACH/ Vendor Express, they may call the Commercial Payments staff on (301) 415-7520.
[End of Clause]
i l
I l
1 I
I I
l i
i l
l Page 22 of 60
- ' . e l'
RS-RES-97-055 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS L
H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993) )
1 (a) Puroose. The primary purpose of this clause is to aid in I I
ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work ,
under this contract; and j l
(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 perfo'rmance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause. j (c) Work for othgrs.
(1) Notwithstanding any other provision of this contract, during the term of this contract the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract.
The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has. reason to believe with respect to itself or any employee that any proposed consultant or other ,
contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the audit, inspection or review are the same as or substantially similar to the services within the scope of this contract (or task order as l appropriate), except where the NRC licensee or applicant
! requires the contractor's support to explain or defend j the contractor's prior work for the utility or other
! entity which NRC questions.
l
! Page 23 of 60
_ _ _ _ . . ~ . _ _ . . .. - _ . - . _. ._ -. _
RS-RES-97-055 Section H l 'H.1 (Continued) i l (3) When the contractor performs work for the NRC under this l contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing.with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after
. completion of all work under the associated task order, or last time.at the site (if not a task order contract).
l (4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, ,,
(i) The contractor may not solicit work at that site for that licensee or applicant during the period of ]
performance of the task order or the contract, as i 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. l (iii) Notwithstanding the foregoing, the contracting j officer may authorize the contr ctor to solicit or !
perform this type of work (except work in the same j or similar technical area) if the contracting officer determines that the situation will not posa a potential'for technical bias or unfair competitive advantage.
l (d) Disclosure after award, i
(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this -
contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the government.
I I
i
! (3) It is recognized that the scope of work of a
! task-order-type contract necessarily encompasses a broad Page 24 of 60 l
RS-RES-97-055 'Section H H.1 (Continued) spectrum of activities. Consequently,.if this is a task-order-type contract, the contractor agrees that it will' disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the_ underlying contract. Further, if this contract involves. work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. 'This disclosure must.be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in'any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided.by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to' fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work anly when the NRC has issued a task order which includes the technical area and, if site-specific, the site,.or has plans to issue a task order.which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c) (2) , (c) (3) or (c) (4) of this section.
(e) Access to and use of information.
(1) If in the performance of this contract, the contractor obtains access to information, such as NRC plans, poilcies, reports, 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 this 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 contract or the release of the information to the public, whichever.is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the Page 25 of 60
l l
RS-RES-97-055 Section H l
H.1 (Continued) j public by the NRC.
! (2) In addition, the contractor agrees that, to the extent it l receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section l 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 i accordance with restrictions placed on use of the information.
(3) Subject to patent and security provisions of this
)
contract, the contractor shall have the right to use ,
technical data it produces under this contract for l 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 I paragraph, in subcontracts of any tier. The terms contrace, contractor, and contracting officer, must be appropriately ,
modified to preserve the Government's rights. ') 1 (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 such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
(h) Waiver. A request for waiver under this clause must be j directed in writing to the contracting officer in accordance i with the procedures outlined in 48 CFR 2009.570-9.
I (i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the l
contractor has been substantially involved in the development
- or marketing of the products or services.
l (1) If the contractor, under this contract, preparea a complete or essentially complete statement of work or Page 26 of 60 r
- s
RS-RES-97-055 Section H H.1 (Continued) specifications, the contractor is not eligible to perform or participate in the initial contractual effort which'is based on the statement of work or specifications.. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not' apply.
(2) Nothing in'this paragraph precludes the contractor from offering or selling its standard commercial items to'the
! Government.
l [End of Clause] 4 l
l' N.2 NRCAR 2052.215-70 KEY PERSONNEL'(JAN 1993) i (a) The following individuals are considered to be essential.to the successful performance of the work hereunder:
The contractor agrees that personnel may not be removed from
'the contract work or replaced without compliance with paragraphe (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 L
than indicated in the proposal or initially anticipated, the )
contractor shall immediately notify the contracting officer l and shall, subject to-the concurrence of.the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed. explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and i
other information. requested or needed by the contracting officer to evaluate the proposed substitution. ~ The contracting officer or his/her authorized representative shall evaluate the request and promptly notify the contractor of his or her approval or disapproval in writing.
- (d) If the contracting officer determines that suitable and timely Page 27 of 60 1
- , . - - . ~
. . . . . - - . . . - - . . - = . . - . . - . ~ . - -.. -. - _ . - _
l~
! i l
l RS-RES-97-055 Section H l
l_
H.2 (Continued) '
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 L resultant reduction of productive effort would be so l 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. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.
i
[End of Clause]
- To be incorporated into any resultant contract H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)
The Government will not. provide any equipment / property under this contract.
[End of Clause]. j E.4 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS l
! CONVICTED OF DRUG TRAFFICKING OR POSSESSION (SEP 1990) l In the event that an award is made to an individual, Section 5301 of the Anti-Drug Abuse Act of 1988 (P.L. 100-690) may be cause for denial of specific benefits to individuals convicted of drug trafficking or possession.
[End of Clause] j i
H.5 NONDISCLOSURE AGREEMENTS It may be necessary for the contractor to acquire, or for the NRC to provide to the contractor, information of a proprietary nature for the performance of the effort under this contract. Prior to the provision of any proprietary information, the contractor shall honor and be bound by a nondisclocure agreement to be executed by the parties which forbids the release of proprietary information to a third party and which requires the return of all proprietary I
information to its originator upon contract completion.
[End of Clause]
l:
I I Page 28 of 60 r
a e
- RS-RES-97-055 Section I PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES l
l I.1- 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This. contract incorporates one or more clauses by reference, with the same force and effect as if they were given in' full text.
l Upon request, the Contracting Officer will make their full text available.
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
-NUMBER TITLE DATE 52.202-1 DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR JUL 1995 SALES TO THE GOVERNMENT 52.203-10 PRICE OR FEE ADJUSTMENT FOR JAN 1996 ILLEGAL OR IMPROPER. ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO JAN 1990
. INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTING / COPYING DOUBLE-SIDED JUN 1996 ON RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S JUL 1995 INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION AUG 1996 52.215-33 ORDER OF PRECEDENCE JAN 1986 52.216 '/ ALLOWABLE COST AND PAYMENT ' MAR 1997 52.216-8 FIXED FEE MAR 1997 52.217-2 CANCELLATION UNDER MULTIYEAR JUL 1996 CONTRACTS 52.219-8 UTILIZATION OF SMALL, SMALL OCT 1995 DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS CONCERNS 52.222-3 CONVICT LABOR AUG 1996 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL APR 1984 DISABLED AND VIETNAM ERA VETERANS 52.222-36 AFFIRMATIVE ACTION FOR APR 1984 HANDICAPPED WORKERS 52.222-37 EMPLOYMENT REPORTS ON SPECIAL JAN 1988 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Page 29 of 60
. . ~ _ . - - ~ . _ _ . . _ . - ~ - . _ _ _ - . _ _ . . _ . . _ _ . _ _ . . . . _ . _ _ _ _ _ . _ . _ ~ - _ _
- i. -
, RS-RES-97-055 Section I L
( 'I.1 (Continued) i NUMBER TITLE DATE ,
52.223-2: CLEAN AIR AND WATER APR 1984 '
52.223-6 DRUG-FREE WORKPLACE- JAN 1997 52.223-14 TOXIC CHEMICAL RELEASING REPORTING OCT 1996-52.225 RESTRICTIONS ON CERTAIN 'OCT 1996- !
-FOREIGN PURCHASES 52.227-1 '
AUTHORIZATION AND CONSENT JUL 1995 52.227-2 NGTICE AND ASSISTANCE REGARDING AUG 1996 '
pal'ENT AND COPYRIGHT INFRINGEMENT q 52.228-7 INSURANCE . LIABILITY TO THIRD MAR 1996 {
PERSONS 52.232-17 INTEREST JUN 1996- ,
52.232-22 LIMITATION OF FUNDS APR 1984 l l' 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 1 l- 52,232-25 PROMPT PAYMENT MAY 1997 l
.52.232-34 OPTIONAL-INFORMAION FOR ELECTRONIC AUG 1996 l FUNDS TRANSFER PAYMENT L 52.233-1 DISPUTES OCT 1995 52.233-3 PROTEST AFTER AWARD AUG 1996 Alternate I (JUN 1985) 1 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 1 52.242-13 BANKRUPTCY JUL'1995
, 52.243-2 CHANGES ' COST-REIMBURSEMENT AUG 1987 Alternate I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT FEB 1997 AND LETTER CONTRACTS) 52.244-5 . COMPETITION IN SUBCONTRACTING DEC 1996 52.248-1 'VALUE ENGINEERING MAR 1989 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996 52.249-14 EXCUSABLE DELAYS' APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991-
[End of Clause) i 1
I.2 52.222-2. PAYMENT FOR OVERTIME PREMIUMS (JUL .'19 90) !
(a) The use of. overtime is authorized under this contract if the ~
l overtime premium cost does not exceed 40.00 or the overtime .i premium is paid for work--
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect-labor employees such as those performing duties in connection with administration, protection, i transportation,. maintenance, standby plant protection,
- operation of utilities, or accounting
lI l Page 30 of 60
. . - - , e - A ..
_ . - . - ~. - .. _-c -. .- - . - . . . _ . . . . - - . . . _ - . - - . - .
4 l
RS-RES-97-055 Section I
\
l l
I.2 (Continued)
! (3) To perform tests, industrial processes, laboratory l procedures, loading or unloading of' transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or
-(4) That will result in lower overall costs to the Government.
l:
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall-- )
i (1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the contracting Officer to evaluate the necessity for the overtime; l (2) Demonstrate-the effect that denial of the request will l have on the contract delivery or performance schedule; (3) Identify the extent to which approval of overtime would ;
l affect the performance or paymente 'a connection with l other Government contracts,.togetE with identification ,
! of each affected centract; and' '
(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel. )
(End of Clause]
l t
l l
l l
i Page 31 of 60 l
I..,. _ _ . _ _ _
. - - - - - _ - . . . - . ~ .. .. --
RS-RES-97-055 Section J PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS J.1 -ATTACHMENTS (MAR 1987)
Attachment Number Title 01 Billing Instructions 02 NRC Contractor Organizational Conflicts of Interest 03 NRC Handbook 3.8 04 Contractor Spending Plan (CSP)
Instructions 05 Payment Information Form SF 3381 - ACH Vendor Payment System 06 Procedures for Resolving NRC Contractor Differing Professional Views 07 Standard Form 1448, Proposal Cover Sheet' l'
Page 32 of 60 l
y- a RS-RES-97-055 Section K PART IV - REPRESENTATIONS AND INSTRUCTIONS SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND
, OTHER STATEMENTS OF OFFERORS K.1 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS R
TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)
(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.
(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989--
(1) No Federal appropriated funds have been paid or will be
- paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member i of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or
, modification of any Federal ;ontract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, l an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of
$100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who Page 33 of 60
4 l 'RS-RES-97-055 Section K
- K.1 (Continued) )
' fails to file or amend the disclosure form to be filed or l i amended by this provision, shall be subject to a civil penalty j of not less than $10,000, and not more than $100,000, for each J such failure.
[End of Provision] !
K.2 52.204-3 TAXPAYER IDENTIFICATION (MAR 1994) .)
(a) Definitions.
" Common parent," as used in this solicitation provision, means I that corporate entity that owns or controls an affiliated ;
-group of corporations that files its Federal income tax !
returns on a consolidated basis, and of which the offeror is a member.
l
" Corporate. status," as used in this solicitation. provision, ;
means a designation as to whether the offeror is a corporate '
entity, an unincorporated entity (e.g., sole proprietorship or l partnership), or a corporation providing medical and health I care services. ;
l
" Taxpayer Identification Number (TIN)," as used in this solicitction provision, means the number required by the IRS
.to be used by the offeror in reporting income tax and other l returns. !
(b) All offerors are required to submit the information required ,
in paragraphs (c) through (e) of this solicitation provision in order to comply'with reporting requirements of 26 U.S.C.
6041, 6041A, and 6050M and implementing regulations issued by ;
the Internal Revenue-Service (IRS). If the resulting contract is subject to the reporting requirements described in FAR ,
4.903, the failure or refusal by the offeror.to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) Taxcaver Identification Number (TIN).
[ ] TIN: .
~[ ] TIN has been applied for.
[] TIN is not required because:
[] offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the Page 34 of 60
'RS-RES-97-b55 Section K K.2 -(Continued)
U.S.;
[] offeror is an agency or instrumentality of.a foreign government;
[ ]-Offeror is an agency:or instrumentality of'a-
. Federal, state,.or local government;
[] Other. State basis.
(d) ' CorDorate Status .
[ ]LCorporation-providing medical and health' care services, or engaged in the billing and collecting of payments for -
such services;
[] Other corporate entity;
[.] Not a corporate entity:
[] Sole proprietorship
[.] Partnership
[ ] Hospital or extended care facility described in 26 ,
CFR 501(c) (3) that :is exempt from taxation under 26 l CFR 501(a).
(e) Common Parent.
l
[] Offeror is not owned or controlled by a common parent as defined in paragraph-(a) of this clause.
l
[ ).Name and TIN of common' parent:
Name TIN l
i [End of Provision]
K.3 52.204-5 WOMEN-OWNED LUSINESS (OCT 1995)
(a) Reoresentation. The offeror represents that it [] is,
[] is not a women-owned business concern.
i d
i Page 35 of 60 l
.RS-RES-97-055 Section K K.3 (Continued)
(b) Definition. " Women-owned business concern," as used in
.this provision, roeans a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
[End of Provision]
K.4 52.204-6 CONTRACTOR IDENTIFICATION NUMBER--DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (DEC 1996)
-(a) Contractor Identificat' ion Number, as used in this provision, means " Data Universal Numbering Systet (DUNS) number, " which l is a nine-digit number assigned by Dun and Bradstreet '
Information Services.
(b) Contractor identification is essential for complying with l statutory contract reporting requirements. Therefore, the offeror is requested to enter, in the block with its name and address on the Standard Form 33 or similar document, the annotation " DUNS" followed by the DUNS number which identifies i the offeror's name and address exactly as stated in the offer. l (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror should call Dun and Bradstreet at 1-800-333-0505. The I offeror should be prepared to provide the following )
information: ;
(1) Company name. !
(2) Company address.
(3) Company telephone number.
(4) Line of business.
(5) ' Chief executive officer / key manager.
(6) Date the company was started.
(7) Number of people employed by the company.
(8) Company affiliation.
(d) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet Home Page at http://www.dbisna.com/dbis/ customer /custlist.htm. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@dbisma.com.
(End of Provision)
Page 36 of 60
RS-RES-97-055 Section K j 7; . 5 . 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, l PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS J (MAR 1996)
, :(a) (1) The Offeror certifies, to the best of its knowledge and ;
t belief, that--
(i) The Offeror and/or any of its Principals--
(A) Are ( ) are not ( )' presently' debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any
- Federal agency; i (B) Have ( ) have not ( ), within a three-year I period preceding this offer, been convicted of i or had a civil judgment rendered against them i
- for
- commission of fraud cn a criminal offense j in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to j the submission of offers; or commission of
- embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a
- governmental entity with, commission of any of the offenses enumerated in subdivision
( A) (1) (i) (B) of this provision.
1 (ii) The Offeror has ( ) has not ( ), within a I
three-year period preceding this offer, had one or
- more contracts terminated for default by any )
Federal agency. I i (2) " Principals," for the purposes of this certification,
, means officers; directors; owners; partners; and, persons having priraary management. or supervisory responsibilities 4
within a business entity (e.g., general manager; plant i manager, head of a subsidiary, division, or business 1 segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION
- OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
l
. (b) The offeror shall provide immediate written notice to the Page 37 of 60
RS-RES-97-055 Section K
- 'K.5 (Continued)
Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this .
i provision exists will not necessarily result in withholding of !
an award under this solicitation. However, the certification i will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to i
- require establishment of a system of records in order to render, in good faith, the certification required by paragraph
- (a) of this provision. The knowledge and information of an 1 Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of 2
business dealings, (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed
- when making award. If it is later determined that the Offeror I knowingly rendered an erroneous certification, in addition to )
other remedies available to the Government, the' Contracting Officer may terminate the contract resulting from this ,
I colicitation for default. j i )
[End of' Provision) i K.6 52.215-6 TYPE OF BUSINESS ORGANIZATION 4
(JUL 1987)
The offeror or quoter, by checking the applicable box, represents that--
i d
(a) It operates as [] a corporation incorporated under the laws of the State of , [] an individual, [] a y partnership, [ ] a nonprofit organization, or [ ]~ a joint j venture; or
! (b) If the offeror or quoter is a foreign entity, it operates as [ ,
~
) an. individual, [] a partnership, [] a nonprofit l organization, [] a joint venture, or [] a corporation, registered for business in (country).
[End of Provision]
l Page 38 of 60 1
m RS-RES-97-055 Section K K.7 52.215-11 AUTHORIZED NEGOTIATORS (APR 1984)
The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or' quotations: (list names, titles, and telephone numbers of the authorized negotiators].
l (End of Provision]
K.8 52.215-20 PLACE OF PERFORMANCE (APR 1984)
(a) The offeror or quoter, in the performance of any contract i resulting from this solicitation, [] intends, [] does not l intend (check applicable box) to use one or more plants or facilities located at a different address from the address of the offeror or quoter as indicated in this proposal or quotation.
(b) If the of feror or quoter checks " intends" in paragraph (a) above, it shall insert in the spaces provided below the required information:
Place of Performance (Street Name and Address of Owner and Address, City, County, State, Operator of the Plant or Zip Code) Facility if Other than Offeror or Quoter (End of Provision]
K.9 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (JAN 1997)
(a) (1) The. standard industrial classification (SIC) code for this acquisition is 8711.
(2) The small business size standard is no more than $2.5 million average annual receipts for an offeror's preceeding 3 fiscal years.
(3) The small business size standard for a concern which Page 39 of 60 J
i l i
RS-RES-97-055 Section K l l K.9 (Continued) l submits an offer in its own name, other than on a L construction or< service contract, but which proposes to <
l furnish a product.which it did.not itself manufacture, is ;
500 employees.
'(b) Reoresentations. (1) The offeror represents as part of i its offer that it [] is, [] is'not a small~ business concern. 1 (2) '(Complete only if offeror represented itself.as a small business concern in block (b) (1) of this section.) The 4 offeror represents as part of its offer that it [] is, ;
[] is not a small disadvantaged business concern .
(3) (Complete only if offeror represented itself as a small business concern in block (b) (1) of this section.) The offeror represents as part of its offer that it [] is,
[] is not a women-owned small business concern.
(c) Definitions. " Joint venture," for purposes of a small disadvantaged business (SDB) set-aside or price evaluation preference (as prescribed at 13 CFR 124.321) , is a concern that is owned and controlled by one or more socially and !
economically disadvantaged individuals entering into a joint venture agreement with one or more business-concerns and is '
considered to be. affiliated for size purposes with such other concern (s). The ccmbined annual receipts or employees.of the i concerns entering into the joint venture must meet the applicable size standard corresponding to the SIC code designated for the contract. The majority of the venture's ;
earnings must accrue directly to the socially and economically disadvantaged individuals in the SDB concern (s) in the joint venture. The percentage of the ownership involvement in a joint venture by disadvantaged individuals must be at least 51 percent.
"Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. )
"Small disadvantaged business concern," as used in this provision, means a small business concern that (1) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and (2) has its management and daily business controlled by one or more such individuals. This term also means a small business concern Page 40 of 60
-4 , . __ , - , e ,
l i
RS-RES-97-055 Section K ;
K.9 (Continued) _,
1 that is at least 51 percent unconditionally owned by an l economically disadvantaged Indian tribe or Native Hawaiian i organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more of these entities, which has its management and daily business controlled by members of.an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR part 124.
" Women-owned small business concern",-as used in this provision, means a small business concern--
(1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are ;
controlled by one or more women.
(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2 ) ' Unde r 15 U . S . C . 64 5 (d) , any person who misrepresents a firm's status as a small or small disadvantaged business concern in order to obtain a contract to be awarded under ,
the preference programs established pursuant to sections 8 (a) , 8 (d) , 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of a fine, imprisonment, or both; (ii) Be subject to administrative remedies, including <
suspension and debarment; and I (iii) Be ineligible for participation in programs conducted under the authority of the Act.
K.10 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)
(a) "Segrs :sted facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms :
and other storage or dressing areas, parking lots, drinking Page 41 of 60 1
l l
1 RS-RES-97-055 Section K K.10 -(Continued) i l
fountains, recreation or entertainment areas, transportation, and housing facilities provided'for employees, that are ;
segregated by explicit directive or are in fact segregated on H the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.
(b) By the submission of this offer, the offeror certifies that it- l does not and will not maintain or. provide for its employees. ;
any segregated facilities at any of its establishments, and ,
that it does not and will not permit its employees to perform- )
their services at any location under its control where l segregated facilities are maintained. The offeror agrees that l a breach of this certification is a violation of the Equal i Opportunity clause in the contract. !
(c) The offeror further agrees that (except where it has obtained 1 identical certifications from proposed subcontractors for I specific time periods) it will-- j (1) obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal
' Opportunity clause; (2) Retain the certifications in the files; and l
)
(3) Forward the following notice to the proposed l subcontractors (except if the proposed subcontractors .l have submitted identical certifications for specific time l periods) :
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR l CERTIFICATIONS OF NONSEGREGATED FACILITIES A. Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the' Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). j NOTE: The penalty for making false statements in offers )
is prescribed in 18 U.S.C. 1001.
[End of Provision]
Page 42 of 60 1
_. . . _ _ _ . _ .~ . ___ . _ _ . .._ __ _
4
, RS-RES-97-055 Section K K.11 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)
The offeror represents that--
(a) It [] has, [] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section ,
310 of Executive Order No. 10925, or the clause contained in Section 201'of Executive Order No. 11114; (b) It [] has, [] has not filed all required compliance 1 reports; and ;
l
- (c) Representations indicating submission of required I compliance reports, signed by proposed subcontractors, will be !
- obtained before subcontract awards. j l
, [End of Provision) {
i K.12 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that (a) it [ ] has developed and has on file, [] has not developed and does not have on file, at each
' establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) ,
or (b) it [] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
[End of Provision] 1 i
K.13 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)
The Offeror certifies that-- !
(a) Any facility to be.used in the performance of this proposed contract is [], is not [ ] listed on the Environmental Protection Agency (EPA) List of Violating Facilities; n
(b) The offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the EPA, indicating that any facility that the Offeror proposes to use for the performance of the contract is under censideration to be listed on the EPA List of Violating Facilities; and (c) The Offeror will include a certification substantially the
, same as this certification, including this paragraph (c), in every nonexempt subcontract.
[End of Provision)
Page 43 of 60
RS-RES-97-055 Section K K.14 NRCAR 2052.209-70 QUALIFICATIONS OF CONTRACT
- EMPLOYEES (JAN 1993)
The offeror hereby certifies by submission of this offer that all representations made regarding its employees, proposed subcontractor personnel, and consultants are accurate.
[End of Provision]
K.15 NRCAR 2052.209-71 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JAN 1993)
(a) The following representation is required by the NRC Acquisition Regulation 2009.105-70(b). It is not NRC policy to encourage offerors and contractors to propose current /former agency employees to perform work under NRC i contracts, and as set forth in the above cited provision, the '
use of such employees may, under certain conditions, adversely affect NRC's consideration of non-competitive proposals and task orders.
(b) The offeror hereby certifies that there ( ) are ( ) are no current /former NRC employees (including special Government employees performing services as experts, advisors, consultants, or members of advisory committees) who have been or will be involved, directly or indirectly, in developing the offer, or in negotiating on behalf of the offeror, or in managing, administering, or performing any contract, consultant agreement, or subcontract resulting from this offer. For each individual so identified, the Technical and i
Management proposal must contain, as a separate attachment, the name of the individual, the individual's title while employed by the NRC, the date individual left NRC, and brief description of the individual's role under this proposal.
[End of Provision)
K.16 NRCAR 2052.209-72 CONTRACTOR ORGANIZATIONAL ,
CONFLICTS OF INTEREST (REPRESENTATION) (JAN 1993)
I represent to the best of my knowledge and belief that:
The award to of a contract or the modification of an existing contract
/ / does
/ / does not involve situations or relationships of the type set forth in 48 CFR 2009.570- 3 (b) .
(a) If the representation, as completed, indicates that situations Page 44 of 60
.RS-RES-97-055' Section K K.16 (Continued) or relationships of the type set forth in 48 CFR 2009.570-3 (b) are involved, or the contracting officer otherwise determines that potential organizational conflicts of interest exist, the.
offeror shall provide a statement in writing which describes in a concise manner all relevant factors bearing on his representation to the contracting officer. If the contracting officer determines that organizational conflicts exist, the following actions may be taken:
(1) Impose appropriate conditions which avoid such conflicts, (2) Disqualify the offeror,.or.
(3) Determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 48 CFR 2009-570-9.
(b) The refusal to provide the representation required by 48 CFR 2009.570-4 (b) , or upon requestlof the contracting officer, the f acts required by 48 CFR 2009.570-3 (b) , must result in disqualification of the offeror for award.
[End of Provision]
Page 45 of 60
. _ . -_ _ , - . _ _ _ _ . _. _ m . _ _ _ -
l t
RS-RES-97-055- Section L SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (JUN 1988)
This solicitation incorporates one or more solicitation L provisions 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) '
PROVISIONS NUMBER TITLE DATE 52.215-5 SOLICITATION DEFINITIONS JUL 1987 52.215-7 UNNECESSARILY ELABORATE APR 1984 PROPOSALS OR QUOTATIONS 52.215-8 AMENDMENTS TO SOLICITATIONS DEC 1989 52.215-9 SUBMISSION OF OFFERS MAR 1997 52.215-10 LATE SUBMISSIONS, MODIFICATIONS, MAY 1997 AND WITHDRAWALS OF PROPOSALS 52.215-12 RESTRICTION ON DISCLOSURE AND APR 1984 USE OF DATA 52.215-13 PREPARATION OF OFFERS APR 1984 52.215-14 EXPLANATION TO PROSPECTIVE APR 1984 OFFERORS 52.215-15 FAILURE TO SUBMIT OFFER MAY 1997 52.215-16 CONTRACT AWARD OCT 1995 Alternate II (OCT 1995) l 52.215-30 FACILITIES CAPITAL COST OF MONEY SEP 1987 (End of Provision]
L.2 52.216-1 TYPE OF CONTRACT (APR 1984) l The Government contemplates award of a cost-plus-fixed-fee contract resulting from this solicitation.
[End of Provision]
L.3 52.233-2 SERVICE OF PROTEST (AUG 1996)
(a) Protests, as defined in Section 33.101 of the Federal i Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining j written and dated acknowledgment of receipt from:
l Page 46 of 60
. . l
RS-RES-97-055 Section L L.3 (Continued)
Mary H. Mace, Contracting Officer U.S. Nuclear Regulatory Commission Division of Contracts and Property Management Contract Management Branch 1, T7-I2 Washington, DC 20555 Hand carried address:
U.S. Nuclear Regulatory Commission Division of Contracts and Property Management Contract Management Branch 1 11545 Rockville Pike Rockville, MD 20852-2738 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
L.4- NRCAR 2052.215-74 TIMELY RECEIPT OF PROPOSALS (JAN 1993)
Because NRC is a secure facility with perimeter access control, offerors shall allow additional time for hand delivery _(including express mail and delivery services) of proposals to ensure that they are timely received in the depository at the address shown in Item 9 on the Standard Form 33.
[End of Provision]
L.5 NRCAR 2052.215-75 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (JAN 1993)
(a) All offerors will be notified of their selection or nonselection as soon as possible. Formal notification of nonselection for unrestricted awards may not be made until a contract has been awarded. Pursuant to requirements of FAR 15.10 01 (b) (2 ) , preliminary notification will be provided before the award for small business set-aside procurements on negotiated procurements.
(b) It is also brought to your attention that the contracting officer is the.only individual who can legally commit the NRC to the expenditure of public funds in connection with this procurement. This means that unless provided in a contract document cnf specifically authorized by the contracting officer, NRC technical personnel may not issue contract modifications, give informal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually.
Informal contractual commitments include:
Page 47 of 60
.. - . - _- . . - - . ,~ - - . .- . _. _ . . ._ . . _
RS-RES-97-055. Section L L.5 (Continued)
(1) . Encouraging a potential contractor to incur costs prior to receiving.a contract; (2) Requesting or requiring a contractor to make changes under a contract without formal contract modifications; (3) Encouraging a contractor to incur costs under a cost-reimbursable contract.in excess of those costs contractually allowable; and (4) Committing the Government to a course of action with regard to a potential contract, contract change, claim,
, or dispute.
(End of Provision]
$ L.6 NRCAR 2052.215-76 DISPOSITION OF PROPOSALS After award of the contract, one copy of each unsuccessful proposal is retained by the NRC's Division of Contracts and Property Management in accordance with the General Records Schedule 3 (5) (b) . Unless return of the additional copies of the proposals is requested by the offeror upon submission of proposal, all other copies will be destroyed. This request should appear in a cover letter accompanying the proposal.
[End of Provision]
L.7 NRCAR 2052.215-77 PROPOSAL PRESENTATION AND FORMAT RL.7.1 General Instructions (a) Information submitted in response to this solicitation must be typed, printed, or-reproduced on letter-size paper and each copy must be legible.
(b). The offeror must submit the following material, which will constitute its offer as defined by FAR 2.101, in two separate and distinct parts, at the date and time specified in Block 9 of the SF 33 for receipt of sealed offers.
Pr ct 1 - Solicitation Package / Offer.
, Two.(2) original signed copies of this solicitation
. package / offer. All applicable sections must be completed by
[. the offeror.
Page 48 of 60 b
_ _ __ _ ._ ._. ~ _ _._- _ __ _ _ _ . _. . . _ .__.._ _ _ _ _ _ . - _ _
RS-RES-97-055 Section L Part 2 - Cost Proposal.
One (1) original and three (3) copies of the cost proposal.
Specific information on cost proposal preparation is provided in Section L.7.7.
L.7.2 Oral Technical and Management Presentation and Supporting Documentation Requirements - Instructions (a) The offeror shall make an oral technical and management presentation in accordance with the instructions contained herein.
Immediately after the oral presentation, the offeror shall participate in an interview conducted by Government representatives. The sole purpose of the oral presentation and the interview is to permit the Government to test and evaluate the offeror's knowledge and competence with regard to the Government's requirements and program objectives.
(b) Neither the oral presentation.nor the interview will constitute discussions within the meaning of FAR 15.601 and 15.610, and neither will obligate the Government to entertain revisions to the offer or to solicit best and final offers. The NRC intends to award without discussions. Nevertheless, the Agency may hold discussions and request best and final offers, if necessary.
(c) Offerors are prohibited from taping or recording their own oral presentations. Should the NRC tape or record the offeror's presentation, the NRC will NOT provide the offeror with a copy of the tape or recording.
(d) The oral technical and management presentation and written supporting documentation may not contain any reference to cost. ;
I (e) Caution--offerors are hereby notified that all information !
provided in its oral presentation and supporting documentation, including all resumes, must be accurate, truthful, and complete to ]
the best of the offeror's knowledge and belief. The Commission will rely upon all representations made by the offeror both in the i evaluation process and for the performance of the work by the offeror selected for award. The Commission may require the !
offeror to' substantiate th3 credentials, education, and employment history of its employees, subcontractor personnel, and consultants, through submission of copies of transcripts, j
diplomas, licenses, etc.
(f) The offeror shall submit through the oral technical and l
management presentation and supporting documentation, full and complete information to permit the Government to make a thorough l
. evaluation and a sound determination that the offeror will have a reasonable likelihood of meeting the requirements and objectives of this procurement.
Page 49 of 60 l
RS-RES-97-055 Section L L.7.3 Oral Technical and Management Presentation - Location Oral technical and management presentations will be held at a conference room in NRC Headquarters located on Rockville Pike, in Rockville, Maryland. Each conference room will have a viewing screen. The NRC can provide an overhead projector for use at the request of the offeror. Contact Sally Adams, NRC Contract Specialist at 301-415-6588 should you require such equipment.
L.7.4 Oral Technical and Management Presentation - Schslule The order in which the offerors will make their oral presentations
'will be determined by lottery by the Contracting Officer after receipt of offers. Oral presentations will be scheduled to begin no earlier than 10 am on the fifth business day after the close of the solicitation.
The Contracting Officer will notify all offerors of their scheduled oral presentation date and time within 4 business days after the solicitation closing date. Once notified, offerors shall complete their oral presentations as scheduled. Requests to reschedule will not be entertained. The NRC reserves the right to reschedule oral presentations under extraordinary circumstances at the sole discretion of the NRC Contracting Officer.
Oral presentations shall not exceed 1.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> in duration and shall be followed by a 30 minute recess. The subsequent interview 1 session will commence immediately after the recess and shall not exceed 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> in duration.
1 L.7.5 Oral Technical and Management Presentation - Topics The following topics must be addressed by the offeror through the oral ~ technical and management presentation. It is requested that only those individuals proposed as key personnel for this effort perform the presentation.
- 1. PERSONNEL / TEAM QUALIFICATIONS AND EXPERIENCE The objective of this part of the oral presentation shall be to clearly demonstrate to the NRC that the proposed personnel / team have the requisite qualifications to perform the effort as described in Section C of this solicitation.
The offeror should address the availability of personnel with i expert knowledge and experience in the following areas to perform under any resultant contract.
- materials behavior, particularly fracture analysis and fracture toughness testing with specific application to leak-before-break analyses in the commercial nuclear industry, both foreign and domestic
- NRC-sponsored programs dealing with pipe cracking, fracture Page 50 of 60
RS-RES-97-055 Section L l
L.7.5 (Continued) 1 analysis methods, material property evaluations, leak rate estimation in support of leak-before-break application to
+
high' energy piping
- - NRC regulatory guidance on LBB analysis The offeror shall describe'the composition of the proposed
- project-team (s) to be assigned to this effort, and delineate
- the responsibilities of the team members inclusive of
' technical, management, and administrative functions.
- 2. ' UNDERSTANDING AND APPROACH i The-objective of this part of the oral presentation shall be to clearly demonstrate to the NRC the extent and adequacy of the offeror's understanding of the requirements and considerations in the SOW. This discussion should be as specific as possible and shall include the following.
- potential research efforts to be included in the reviews to be performed under Task 3 of the SOW
- potential topics which will be addressed under this effort
- 3. PAST PERFORMANCE The. offeror shall describe all corporate qualifications and experience in performing contracts, similar in size and scope to this procurement, over the past 3 years, and the extent to which the necessary knowledge, experience and skills remain available within the organization. The oral presentation shall include, but shall not be limited to, a discussion of the offeror's qualifications and experience in regard to the following:
- materials-behavior, particularly fracture analysis and fracture toughners testing with specific application to leak-before-break analyses in the commercial nuclear industry, both foreign and domestic
- NRC-sponsored programs dealing with pipe cracking, .racture analysis methods, material property evaluations, leak rate estimation in support of leak-before-break appi' cation to high energy piping
- NRC regulatory guidance on LBB analysis The offeror shall identify the key personnel who performed under the contracts discussed.
Page 51 of 60 4
I RS-RE3-97-055 Section L L.7.5 (Continued)
- t. . QUALITY ASSURANCE The objective of this part of the oral presentation.shall be to clearly demonstrate to the NRC the extent and adequacy of the offeror's plans and policies for quality assurance (QA),
and to demonstrate the familiarity of the proposed personnel with the plans and policies. The offeror shall also discuss the responsibility and authority of the personnel responsible for ensuring that the QA program is implemented.
L.7.6 Supporting Documentation Requirements The offeror's written documentation as defined below shall support the oral presentation. Documentation which does not conform to the requirements outlined below will not be considered.
(a) The offeror shall provide four (4) copies of the following written documentation by the date and time specified in Block 9 of the SF 33 for receipt of sealed offers.
(1) The offeror shall provide paper copies of overheads documenting the main points of each topic to be discussed through the oral presentation with the identity of the individual presenting the topic noted. All printed copies must be legible and reproduced in black and white on standard letter-size paper. No other material / documents referenced through the oral presentation will be accepted. Overhead documentation shall not exceed 40 pages in length. During the oral presentation, the offeror shall only utilize those overheads that it provided with its initial offer. No additions or substitutions will be allowed. Corrections to information contained on overhead documentation will only be accepted from the offeror verbally during conduct of the oral presentation.
(2) The offeror shall provide the information outlined below for three specific contracts similar in size and scope to this procurement performed over the past 3 years. The NRC will contact the references provided and request they complete a survey questionnaire. This information will be used to evaluate the degree of the offeror's success in past performance.
Contract No.:
Name and address of Governmenc/ commercial entity:
Point of
Contact:
Contracting Officer:
Telephone Number:
Technical Representative:
Telephone Number:
Page 52 of 60
~ . . - _. . _ . . - . ___ .
l RS-RES-97-055 Section L L.7.6 (Continued)
Date contract awarded: 1 Period of performance of the contract (including !
extensions): 1 Dollar value of the contract: )
If applicable, the dollar value of the modifications to the contract:
Type of contract awarded: i Brief description of the work: )
(3) The offeror shall identify all individuals anticipated to perform this effort and shall provide resumes for each individual in accordance with the format outlined below.
The resumes should be directed to the specific needs of 1 the contract and not be general in nature. Resumes shall I be included for any subcontractor / consultant personnel, if known. TheLofferor shall indicate the extent to which i each individual will be available to perfonn this effort. I Resumes should not exceed 2 pages in length for each l individual' identified. !
RESUME FORMAT
- a. Name and Title l
- b. Name of Firm with which associated ;
- c. Years of Experience with this Firm and others
- d. Education - Degree (s)/ Year / Specialization
- e. Description of experience and qualifications relative to the effort described in Section C of this solicitation
- f. Description of involvement in professional societies relative to the effort described in Section C of this solicitation L g. State whether the person proposed will fill a Key Personnel position and indicate the percentage of time this person will commit to this effort.
l (4) All designated contractor employees should be in the employ of the offeror or designated subcontractor (s) at the time of the oral presentation. If any of the personnel are not employed by the offeror or proposed subcontractor at that time, firm written commitments !
i assuring the availability of such individuals are to be included with the supporting documentation.
Page 53 of 60 i
l l
l l
1 l
RS-RES-97-055 Section L l 1
l L.7 .7. Cost Proposal l
(a) The offeror shall use Standard Form 1448, Contract Pricing ;
Proposal Cover Sheet, in submitting the Cost Proposal. A copy ;
of the form and instructicns are attached to this l solicitation. The information must include pertinent details l sufficient to show the. elements of cost upon which the total ;
cost is predicted.
(b) When the offeror's estimated cost for the proposed work exceeds $100,000 and the duration of the contract period exceeds 6 months, the offeror shall submit a Contractor ;
Spending Plan (CSP) as part of its cost proposal. Guidance for i completing the CSP is attached.
l (c) For any subcontract discussed through the oral technical and management presentation, provide supporting documentation on the selection process, i.e., competitive vs. noncompetitive, i and the cost evaluation. !
(d) The offeror's cost proposal shall include a description and I estimated acquisition / fabrication cost of property required for performance that has a proposed acquisition / fabrication cost in excess of $500 per item.
(e) If government furnished property will be provided under performance of the resulting contract or if contractor acquired property is proposed for performance of this effort, i the cost proposal shall provide the following information i about the offeror's inventory system: l (1) Whether another U.S. Government agency has approved the inventory system-1 l
(2) The date of such approval; J l
(3) A contact point with telephone number and address for the approving atency; l
If the inventory system has not been approved by another i government agency, the offeror shall provide a description of their inventory system for review and approval by the Nuclear Regulatory Commission; (f) The offeror shall consider the following information, provided for estimating purposes only, in the preparation of the cost l proposal.
ESTIMATED LEVEL OF EFFORT (LOE)
The NRC's estimate of the total effort for this project is I approximately .33 professional staff-years. j l
Page 54 of 60 l
l 8 e l
RS-RES-97-055 Section L l
L.7.7 (Continued) l This information is advisory and is not to be considered as the sole basis for the development of the staffing plan. For i the purposes of the Government estimate 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> l constitutes a staff year.
i
! ESTIMATED MEETINGS AND TRAVEL For the purpose of preparing a cost proposal, assume the following meeting and travel requirements. !
I
- One 2-day trip for two people to NRC Headquarters
- Six 1-day trips for two people to NRC Headquarters
- One trip each year of the period of performance, to PVP conferences for one person (for proposal preparation purposes, assume that one PVP conference will be held in Los Angeles, CA, one in New York, NY, and one in New Orleans, LA)
- One trip each year of the period of performance, to l industry workshops, for one person (for proposal !
preparation purposes, assume that one industry workshop will be held in Los Angeles, CA, one in New York, NY, and one in New Orleans, LA)
(g) Cost will be evaluated for reasonableness, validity, and reliability. The cost proposal must include, but is not limited to, the following:
l the basis for the estimated labor hours a breakdown of the labor hours by each task for each year of l
the period of performance and a summary of proposed labor hours for the entire effort the source of labor rates for both contractor personnel and any subcontractor personnel. (Note: level-of-effort data shall be expressed in man-hours.)
the source and basis for estimation of all other direct costs the rates for labor overhead, fringe benefits, general and l administrative expenses, and fee or profit l [End of Provision]
I L.8 SUBMISSION OF QUESTIONS BY OFFERORS It shall be the obligation of the offeror to exercise due Page 55 of 60 L
t
RS-RES-97-055 Section L L.8. '(Couwinued) l diligence to discover and to bring.to the attention of the Contracting Officer at the earliest possible time, but prior to the RFP closing date, any ambiguities, discrepancies, inconsistencies, or conflicts between the Statement of Work (SOW) and other documents attached hereto or incorporated by reference >
herein. All questions are requested in writing within ten (10) calendar days of the RFP issue date. The closing date will not be extended for the purpose of responding to offeror's questions received after ten (10) calendar days from the RFP issue date.
[End of Provision]
l L.9 NRCAR 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE (JAN 1993)
It is the policy of the Executive Branch of the Government that: l (a) Contractors and subcontractors engaged in the performance of Federal contracts may'not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon j the basis of a bona fide occupational qualification, i retirement plan, or statutory requirements; and l (b) That contractors and subcontractors, or person acting on their behalf, may not specify, in solicitations or advertisements i for employees to work on Government contracts, a maximum age I l limit for employment unless the specified maximum age limit is L
based upon a bona fide occupational qualification, retirement plan, or statutory requirement.
[End of Provision) i L.10 ACCEPTANCE PERIOD (MAR 1987)
Because of the time required by the Government to evaluate proposals and make an award, offerors are instructed to specify on the SF-33 a proposal acceptance period of not less than 120 days l days.
[End of Provision]
l J l L . 11 ESTIMATED LURATION (JUN 1988)
The duration of the contract is estimated to be 36 months from the contract effective date. (See section F for any option L periods)
(End of Provision)
F l Page 56 of 60 t
I e .
~ .. . .. . . . .-
1 J
RS-RES-97-055 Section L l L.12 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC .
l L PAYMENT / REMITTANCE ADDRESS It is the policy of the Nuclear Regulatory Commission to pay
- government-vendors by the Automated Clearing House (ACH) p electronic funds transfer payment system in lieu of a U.S. ]
lI Treasury check. If for good reason the offeror is unable to '
l participate in the ACH/ Vendor Express program, it should be l notated in the offeror's proposal and it will be discussed during l the negotiation process. If item 15C. of the Standard Form 33 has ;
l been checked, enter the remittance address should agreement to an !
alternate method of payment ensue.
,1 L Name: '
il l Address:
[End of Provision]
ll' i
i i
i.
!1 l
I l
l l
1 Page 57 of 60 t
l l
RS-RES-97-055 Section M SECTION M - EVALUATION FACTORS FOR AWARD M.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (JUN 1988)
- This solicitation incorporates one or more solicitation
- j. provisions by reference, with the same force and effect as if they j
were given in full text. Upon request, the contracting officer will make their full text available.
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
PROVISIONS i
NUMBER TITLE DATE 52.217-5 EVALUATION OF OPTIONS JUL 1990
[End of Provision]
M.2 NRCAR 2052.215.84 CONTRACT AWARD AND EVALUATION -
OF PROPOSALS - TECHNICAL MERIT MORE IMPORTANT TIIAN COST (JAN 1993) :
(a) By use of numerical and narrative scoring techniques, proposals are evaluated against the evaluation factors specified in paragraph M.3 below. These factors are listed in their relative order of importance. Award'is made to the offeror:
(1) Whose proposal is technically acceptable; (2) Whose technical / cost relationship is most advantageous to the Government; and (3) Who is considered to be responsible within the meaning of Federal Acquisition Regulation Part 9.1.
(b) Although cost is a factor in the evaluation of proposals, technical merit in the evaluation criteria set forth below is a more significant factor in the selection of a contractor.
Further, to be selected for an award, the proposed cost must be realistic and reasonable.
(c) The Government may:
(1) Reject any or all offers if the action is in the public interest; (2) Accept other than the lowest offer; and (3) Waive informalities and minor irregularities in offers Page 58 of 60
. . .- .. . . . - - - .. _ . - . . ~ . - . . . - . . . . - - - _ _
,. .e 3 RS-RES-97-055 Section M M.2 (Continued) received, i 1
, (d) The~ Government may award a contract on the basis of initial !
offers received, without discussions. Therefore, each initial 1 offer should contain the offeror's best terms from a cost or price and technical standpoints.
i i l (e) A separate cost analysis is performed on each cost proposal.
To provide a common base for evaluation of cost proposals, the level of effort data must be expressed in staff hours. Where a Contractor Spending Plan -(CSP) .is required by other provisions of this solicitation, consideration is given to the Plan for completeness, reasonableness, ahd as a measure of effective management of the effort.
(f) In making the above determination, an analysis is performed by i the Government that takes into consideration the results of I the technical evaluation and cost analysis.
[End of Provision] '
N.3 EVALUATION CRITERIA l'. PERSONNEL / TEAM QUALIFICATIONS AND EXPERIENCE (40)
Extent to which the offeror demonstrates that the proposed personnel / team possesses the required qualifications and experience to perform the work described in Section C of this solicitation.
- 2. UNDERSTANDING AND APPROACH (30) 1 Extent and adequacy of the offeror's understanding of the requirements and consideration described in Section C.
- 3. PAST PERFORMANCE (20)
Extent to which the offeror demonstrates successful performance on past contracts for work similar to that described in Section C of this solicitation and the extent to which the necessary knowledge, experience and skills remai.n available within the organization.
- 4. QUALITY ASSURANCE (10)-
Extent to which the offeror demonstrates adequate plans and policies for quality assurance (QA), and demonstrates the familiarity of the proposed personnel with those plans and l policies.
l
! TOTAL WEIGHT: 100 POINTS
! Page 59 of 60
RS-RES-97-055 Section M M.3 (Continued)
[End of Provision]
[End of Provision]
i l
l l
l l
l Page 60 of 60 l
- s l,
, o Attachment 1 j (MARCH 1996)
- Page 1 of 10 BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS General: The contractor shall prepare vouchers / invoices for reimbursement of costs in the l
manner and format described herein. FAILURE TO SUBMIT VOUCHERS / INVOICES IN ACCORDANCE WITH THESE INSTRUCTIONS WILL RESULT IN REJECTION OF THE VOUCHER / INVOICE AS IMPROPER.
Number of Cooies: An original and three copies, including supporting documentation shall be submitted. A copy of all supporting documents must be attached to each copy of your voucher / invoice. Failure to submit all the req >Jired copies will result in rejection of the 4
voucher / invoice as improper.
Desianated Aaency Billina Office: Vouchers / invoices shall be submitted to the following address:
I U.S. Nuclear Regulatory Commission
- Division of Contracts and Property Management-T-7-I-2 3
Washington, DC 20555 I
HAND DELIVERY OF VOUCHERS / INVOICES IS DISCOURAGED AND WILL NOT EXPEDITE PROCESSING BY NRC. However, should you chocse to deliver vouchers / invoices by hand, ;
including delivery by any express mail services or special delivery services which use a courier or other person to deliver the voucher / invoice in person to the NRC, such vouchers / invoices
! must be addressed to the above Designated Agency Billing Office and will only be accepted at
. the following location:
U.S. Nuclear Regulatory Commission 4
One White Flint North 15a5 Rockville Pike - Mail Room Rockville, MD 20852 4 HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVE ADDRESS.
Note that the official receipt date for hand-delivered vouchers / invoices will be the date it is received by the official agency billing office in the Division of Contracts. l Aaency Pavment Office: Payment will continue to be made by the office designated in the i- contract in Block 12 of SF 26 or Block 25 of SF 33, whichever is app!!caole.
i l
BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS -(Page 2 of 10) l Freauency: The contractor shall submit claims for reimbursement once each msnth, unless )
otherwise authorized by the Contracting Officer. ,
)
Format Claims should be submitted in the format depicted on the attached sample form ;
entitled " Voucher / Invoice for Purchases and Services Other than Personal"(see Attachment 1). The sample format is provided for guidance only. The format is not required for submission of a voucher / invoice. Alternate formats are permissible provided all requirements of the billing instructions are addressed. The instructions for preparation and itemization of the voucher / invoice are included with the samp!e form. l Task Orderina Contracts: If the contractor bills for more than one task order under a voucher / invoice, detailed cost information for each individual task order shall be subr..'ated, together with a cumulative summary of all charges billed on the voucher / invoice. This includes j all applicable cost elements discussed in paragraphs (a) through (n) of the attached I instructions. l l
Fee Recoverv Billinas: Pursuant to the provisions of 10 CFR Part 170 and 171 on license fees, the NRC must recover the cost of work performed. Accordingly, the contractor must provide the total amount of funds billed during the period, fiscal year to date and the cumulative total for each task or task assignment by facility or report. The fee recovery hilling reports shall be on a separate page, and shall be in the format provided in Attachment 2. The billing period for fee recovery costs should be from the first day of each calendar month to the last day of the same month. Each separate fee billing report must be attached to the monthly invoice and cover the same period as the invoice.
Each report will contain a docket number or other unique identifier. The NRC will provide a unique identifier for all work performed. Costs should be reported as whole number to the nearest cent. ' For work that involves more than one facility at the same site, each facility should be listed separately and the costs should be split appropriately between the facilities. Common costs, as defined below, shall be identified as a separate line item in the fee recovery billing repcrt each month.
Common costs are those costs that are not licensee unique and associated with the performance of an overall program that benefit all similar licensees covered under that program or that are required to satisfactorily carry out the program. Common costs include costs associated with the following: preparatory or start-up efforts to interpre: and rcach agreement on methodology, approach, acceptance criteria, regulatory position,
. - . - .. ~ . - . - . - . .
. o i
BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS -(Page 3 of 10) or technical reporting requirements; efforts associated with the " lead plant" concept that might be involved during the first one or two plant reviews; meetings and discussions involving the above efforts to provide orientation, background knowledge or guidance during the course of a program; any techaical effort applied to a docket or other unique identifier; and project management. Common costs must be reporting monthly for each docket or unique identifier.
Common costs must be computed based on the proportion of direct costs incurred against each docket or unique identifier for the billing period.
Billina of Cost After Exoiration of Contract: If costs are incurred during the contract period and claimed after the contract has expired, the period during which these costs were incurred must be cited. To be considered a proper expiration voucher / invoice, the contractor shall clearly mark it " EXPIRATION VOUCHER" or " EXPIRATION INVOICE".
Final vouchers / invoices shall be marked " FINAL VOUCHER" or " FINAL INVOICE".
Currency: Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records; payments will be made in that currency. However, the U.S.
dollar equivalent for all vouchers / invoices paid under the contract may not exceed the total U.S.
dollars authorized in the contract.
Suoersession: These instructions supersede any previous billir.g instructions, I
i l
l
e BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 4 of 10) -
ATTACHMENT 1 INV0 ICE /V0UCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT)
Official Aaency Billina Office (a) Contract Number I U.S. Nuclear Regulatory Commission Division of Contracts MS: T-7 I 2 Task Order No. (If Applicable) ;
Washington, DC 20555 0001 l Pavee's Name and Address (b) Voucher / Invoice # l 1
(c) Date of Voucher / Invoice i
Individual to Contact (d) Fixed Fee Regarding this Voucher Name:
Tel . No. :
(e) This voucher represents reimbursable costs for the billing period for the billing period from through .
Amount Billed Current Period Cumulative (f) Direct Costs (1) Direct 1 abor *.............................
(2) Fringe benefits
( t, if computed as per.centage)...... l (3) Capitalized nonexpendable equipment ($50,000 or more -
see instructions)*...................
(4) Non capitalized equipment, material s, and supplies . . . . . . . . . . . . .
(5) Premium pay (NRC approved overtime).......
(6) Con s ul t a nt s* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Travel *...................................
(8) Subcontracts *.............................
(9) Other costs *..............................
- Total Direct Costs (g) Indirect Costs (A) Overhead
- of (Indicate Base).........
(B) General & Administrative Expense t of Cost Elements Nos. ................
e .
. . . .- - . . . . ~ . - . . . . . . . . . . . - . - . . . - - . . -
. . . .. ~. . . _ . . .
- Total Dir@ct & Indirect Costs (h)- .
Fixed Fee (Cite Formula):
' (i) Tot al Amount B i l l ed . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)- Adjustments............................... (k)
- Grand Tota 1s....................................
O (Requires Supporting Information . See Attached)-
e e
l l
i I
t 1
1 t 1 i
I 1
)
t
'l I
i
. ..- j l
BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 5 of 10 (Cont.) ATTACHMENT 1 I
SAMPLE SUPPORTING INFORMATION 1 l
- 1) Direct Labor $2400 Labor Hours Cumulative Cateaorv Billed Rate Iqtal Hrs. Billed j Senior Engineer I 100 $14.00 $1400 975 j Engineer 50 $10.00 $500 465 l
l Computer Analyst 100 $5,00 15R0 320
$2400
- 3) Caoitalized Non Excendable Eauioment Prototype Spectrometer item number 1000 01 $60,000
- 4) Hon cacitalized Eauioment. Materials. and Sucolies i 10 Radon tubes 0 $110.00 = $1100.00 6 Pairs Electrostatic gloves 0 $150.00 = $900.00
$2000.00
- 5) Premium Pay Walter Murphy 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> 0 $10.00 Per Hour = $110 (This was approved by NRC in letter dated 3/6/9L).
- 6) Consultants' Fee Dr.. Carney I hour 0 $100 = $100
- 7) Travel ,
Start Date Destination Casts 3/1/89 Wash., DC $200
4 BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 6 of 10) -
ATTACHMENT 1 (Cont.)
INSTRUCTIONS FOR PREPARING COST INFORMATION FOR NRC CONTRACT V0UCHERS/ INVOICES ,
Preparation and Itemization of the Voucher / Invoice: In order to constitute a proper invoice, the contractor shall furnish all the information set forth below. These notes are keyed to the entries on the sample voucher / invoice.
Official Agency Billing Office: Address the original and 3 copies of the voucher / invoice, together with supporting documentation attached to each copy 4 to: U.S. Nuclear Regulatory Commission, Division of Contracts MS: T7I2.
hashington, DC 20555 0001.
Vouchers / invoices delivered by hand, including delivery by express mail or special delivery services which use a courier or other person to deliver the voucher / invoice in person to the NRC, should be addressed in accordance with the foregoing and delivered to: U. S. Nuclear Regulatory Commission, One White Flint North. 11555 Rockville Pike - Mail Room, Rockville, Maryland 20852. Hand delivered vouchers / invoices will not be accepted at other than the above address. Note, however, that the official receipt date for hand-delivered vouchers / invoices will be the date it is received by the official agency billing office in the Division of Contracts.
Payee's Name and Address. Show the name of the contractor as it appears in the contract and its correct address. When an approved assignment has been made by the contractor, or a different payee or addressee has been designated, insert the name and add ~ s of the payee. Indicate the name and telephone number of the individual responsible for answering any questions that the NRC may have regarding the invoice. The following guidance corresponds to the entries required on the sample form.
(a) Contract Number. Insert the NRC contract number.
Task Order Namber, if applicable. Insert the task order number.
(b) Voucher / invoice number. The appropriate sequential- number of the voucher / invoice, beginning with 001 should be designated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3 digit sequential' number.
! 1
- i l BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 7 of 10) -
, ATTACHMENT 1 (Cont.)
i (c) Date of Voucher / Invoice. Insert the date the voucher / invoice is ;
l ' prepared. ;
a
. (d)' Fixed Fee. Insert total fixed fee. . Include this information as it applies to individual task orders as well.
(e) Billing Period. Insert the beginning and ending dates (day, month, l year) of the period during which costs were incurred and for which !
reimbursement is claimed.
(f) Direct Costs - Insert the amount billed for the following cost elements, ,
J adjustments, suspensions, and total amounts,.for both the current billing period and for the cumulative period (from contract inception ~to end date of this billing period).
(1) -Direct _ Labor. This. consists of salaries and wages paid (or l accrued) for direct' performance of the contract itemized as !
follows:
Labor Hrs. Cumulative Cateaorv Billed Ritte Total Hrs. Billed (2) Fringe Benefits. This represents fringe benefits applicable to direct labor and billed as a direct cost. Where a rate is used 3 indicate the rate. Fringe benefits included in direct labor or in I other indirect cost pools should~not be identified here.
l (3) Capitalized Non Expendable Equipment. List each item costing 1
$50,000 or more and having a life expectancy of more than one year. List only those itens of equipment for which reimbursement is requested. For each such item, list the following (as applicable): (a) the item number for the specific piece of l equipment listed in the property schedule of the contract; or (b) ;
the Contracting Officer's approval letter if the equipment is not i covered by the property schedule.
1 i
i l
BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 8 of 10) -
~ ATTACHMENT 1 (Cont.) ;
L (4) Non capitalized Equipment. Materials, and Supplies. These are equipment other than that described in (3) above, plus consumable )
materials, supplies. List by category. List items valued at $500 ;
or more separately. Provide the item number for each piece of j equipment valued at $500 or mor.e. ]
l (5) Premium Pay. This enumeration in excess of the basic hourly rate. l I
(Requires written approval of the Contracting Officer.)
(6) Consultants. The supporting information must include the name, hourly or daily rate of the consultant, and reference the NRC i approval (if not specifically approved in the original contract).
(7) Travel. Total costs associated with each trip must be shown in i the following format:
Start Date Destination Costs From To From To $
(8) Subcontracts. Include separate detailed breakdown of all costs !
paid to approved subcontractors during the billing period. i (9) Other Costs. List all other direct costs by cost element and dollar amount separately.
(g) Indirect Costs (0verheao and General and Administrative Expense). Cite the formula (rate and b'ise) in effect in accordance with the terms of the contract, during the time the costs were incurred and for which reimbursement is claimed.
(h) Fixed Fee. If the contract provides for a fixed fee, it must be clain.ed as provided for by the contract. Cite the formula or method of computation. The contractor may bill for fixed fee only up to 85% of '
total fee.
(i) Total Amount Billed. Insert the total amounts claimed for the current and cumulative periods, S
. . . . __..m.._. . . . _ . _ - . _ . . . ~ . . _ _ _ _ . _ . _ _ . _ . _ _ . _ . . . _ _ _ . _ . . _ . _ _ . .
4
- BILLING. INSTRUCTIONS FOR COST REIMBURSEMENT TYPE' CONTRACTS (Page 9 of 10) -
ATTACHMENT 1 (Cont.)
i i.
(j) Adjustments. For cumulative amount'. include outstanding suspensions.
!. (k): Grand Totals.
Further itemization of vouchers / invoices shall only be required for items having specific limitations ' set forth in the contract.
1 1 J
M i
}'
I i
i 1
~
l' i i
l' 3
(.
1 d-1 4
u s
BILLING INSTRUCTIONS FOR COST REIMBURSEMENT TYPE CONTRACTS (Page 10 of 10) - 1 AlTACHMENT 2 (Cont.)
FEE RECOVERY BILLING REPORT FIN:
1 Facility Name or Report
Title:
1 1
TAC or Inspection Report Number: {
l
)
(or other unique identifier)
.t Docket Number (if applicable):
Period Fiscal Year Total Cost Categories Period Amt. Cost Incurred To Date Costs Cumulative Costs Labor Materials Subcontractor / !
Consultant l Travel Other (specify) l i - Common Costs ;
1 Total
- Remarks
f l .' .
l . - ,
o Attachment 2 i
NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION i 2009.570 NRC organizational conflicts of interest.
- 1 (2009.570-1 -Scope of policy.
- (a) It is the policy of NRC to avoid, eliminate, or neutralize l
contractor organizational conflicts of interest. The NRC achieves this l
objective by requiring all prospective contractors to submit infonnation i' describing relationships, if any, with organizations or persons (including l
those regulated by the NRC) which may give rise to actual or potential l conflicts of interest in the event of contract award.
I i (b) Contractor conflict of interest determinations cannot be made l automatically or routinely. The application of sound judgment on virtually a j case-by-case basis is necessary if the policy is to be applied to satisfy the .
i l overall public interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify an'di resolve .
l all of the. contractor conflict of interest situations which might arise.
However, examples are provided in these regulations to guide application of -l
(
j this policy guidance. The ultimate test is.as follows: Hight the contractor, l if awarded the contract, be placed in a position where its judgment may be
. biased, or where it may have an unfair competitive advantage?
'e (c) The conflict of interest rule contained in this subpart applies to i contractors and offerors only. Individuals or firms who have other relationships with the NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of consulting services through'the~p'eisonneT" appointment process, NRC agreements <
l with other Government agencies, international organizations, or state, local,
! or foreign Governments. Separate procedures for avoiding conflicts of interest will be employed in these agreements, as appropriate.
- j. {2009.570-2 Definitions.
o
.As used in (2009.570:
l Affiliat.t1 means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has ,
l i the power to control another, or when a third party controls or has the power l
to control both.
- Contract means any contractual agreement or other arrangement with'the L NRC except as provided in $2009.570-1(c).
Contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, affiliates toereof, or their '
successors in interest, including their chief executives, directors, key l
- personnel (identified in the contract), proposed consultants or i subcontractors, which are a party to a contract with the NRC.
l Evaluation activities means any effort involving the appraisal of a technology, process, product, or policy.
a
j_ \
1 f
I l
Offeror or crosoective contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, or their affiliates or successors in interest, including their chief executives, directors, key personnel, proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.
Oroanizational conflicts of interest means that a relationship exists l
whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:
(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice, or may otherwise result in a biased work product; or (2) May result in its being given an unfair competitive advantage.
Potential conflict of interest means that a factual situation exists that suggests that an actual conflict of interest may arise from asard of a proposed contract. The term nntential conflict of interest is used to signify those situations that-(1) Merit investigation before contract award to ascertain whether award would give rise to an actual conflict; or (2) Must be reported to the contracting officer for investigation if they arise during contract performance.
Research means any scientific ~orMechnical work involving theoretical, analysis, exploration, or experimentation.
Subcontractor means any subcontractor of any tier who performs work 4 under a contract with the NRC except subcontracts for supplies and subcontracts in amounts not exceeding the small purchase threshold.
Technical consultino and manaoement suooort services means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require that the contractor be given access to proprietary information or to information that has not been made available to the public. These services typically include assistance in the preparation of program plans, preliminary designs, specifications, or statements of work. l 12009.570-3 Criteria for recognizing contractor organizational conflicts of interest.
(a) General.
(1)
Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:
(i) Are there conflicting roles which might bias an l
offeror's or contractor's judgment in relation to its work for the NRC?
(ii) May the offeror or contractor be given an unfair competitive advantage based on the performance of the contract?
(2)
NRC's ultimate determination that organizational conflicts of interest exist will be made in light of common sense and good business judgment based upon the relevant facts.
While it is difficult to identify and
- to prescribe in advance a specific method for avoiding all of the various situations or relationships that might involve potential organizational l
conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements that call for the rendering of advice, consultation 4 or evaluation activities, or similar activities that directly lay the ,
groundwork for the NRC's decisions on regulatory activities, future l procurements, and research programs. Any work perforr:ed at an applicant or l licensee site will also be closely scrutinized by the NitC staff. l Situations or relationships. The following situations or f (b) relationships may give rise to organizational conflicts of intere : l (1), The offeror nr contractor shall disclose information, that may give rise to organizational conflicts of interest under the following circumstances. The information may include the scope of work or specification for the requirement, being performed, the period of performance, and the name and telephone number for a point of contact at the organization knowledgeable about the commercial contract.
(i) Where the offeror or contractor provides advice and recommendations to the NRC in the same technical area where it is also providing-consulting assistance to any organization. regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter on which it is also providing assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or has been substantially involved in the development or marketing of the products or services of another entity.
(iv) Where the award of a contract would result in placing the offeror or contractor in a conflicting role in which its judgment may be biased'in relation to its work for the NRC, or would result in an unfair competitive advantage for the offeror or contractor.
(v) Where the offeror or contractor solicits or performs work at an applicant or licensee site while performing work in the same technical area for the NRC at the same site.
(2) The contracting officer may request specific information from an offeror or contractor or may require special contract clauses such as provided in 62009.570-5(b) in the following circumstances:
l 1
1 (i) Where the offeror or contractor prepares specifications that are to be used in competitive procurements of products or services covered by the specifications.
(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be inc6rporated into competitive procurements using the approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs that could form the basis for a later procurement action. ,,
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
I (v) Where the award of a contract might resul Din placing the. offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or might result in an unfair competitive advantage for the offeror or contractor.
(c) Policy aoolication cuidance. The following examples are
'; e illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.
(i) Examol'e'. -The ABC Corp., in response to a Request-For (1)
Proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in 'the RFP. The ABC Corp. is one of several companies considered to be technically well qualified.
In response to the inquiry in the RFP, the ABC Corp. advises that it is currently performing similar analyses for the reactor manufacturer.
(ii) Guidance. An NRC contract for that particular work normally would not be awarded to the ABC Corp. because the company would be placed in 'a position in which its judgment could be biased in relationship to its work for the NRC. Because there are other well-qualified companies available, there would be no reason ,
for considering a waiver of the policy.
Example. The ABC Corp., in response to an RFP, (2) (i) ~
proposes to perform certain analyses of a reactor component that is unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the' RFP, the ABC Corp. is performing various projects for several different utility clients. None.of the ABC Corp. project; have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.
(ii)
Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which
4
{
+-
cnuld motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp.
l -
from subsequently contracting for work with the private sector r
that could create a conflict during the performance of the.NRC
(
contract. For example, ABC Corp. would be precluded from the J
- performance of similar work for the company developing the i advanced reactor mentioned in the example.
(3) (i) Example. The ABC Corp.,.in response to a competitive RFP, submits a proposal to assist the NRC in revising NRC's guidance documents on the respiratory protection requirements of 10 CFR Part 20. ABC Corp. is the only firm determined to be technically acceptable. ABC Corp. has performed substantial work for regulated utilities in the past and is expected to continue
' similar efforts in the future. The work has and will cover the writing, implementation, and administration of compliance respiratory protection programs for nuclear power pla s. i
- I
! - - (ii) Guidance. This situation would place the firm in a
[ role where its judgment could be biased in relationship to its l work for the NRC. Because the nature of the required work is' !
vitally important in terms of the NRC's responsibilities and no reasonable alternative exists, a waiver of the policy, in accordance with 62009.570-9 may be warranted. Any waiver must be l
fully documented in accordance with the waiver provisions of this '
policy with particular attention to the establishment of protective mechani,s.ms to g,uard against bias. , ,
(4) (1) Example. The ABC Eorp, submits a proposal for a new system to evaluate a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Corp. has advised the NRC that it intends to sell the new system to industry once its practicability'has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.
(ii) Guidance. A contract could be awarded to the ABC Corp. if the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless this information has been reported to the NRC.
Data on how the reactor component performs, which is reported to the NRC by contractors, will nomally be disseminated by the NRC to others to preclude an unfair competitive advantage. When the NRC furnishes information about the reactor component to the con-tractor for the performance of contracted work, the information may not be used in the contractor's private activities unless the information is generally available to others. rurther, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information, developed about the performance of the' reactor component under the contract, is proposed to be used.
(5) (i) Example. The ABC Corp., in response to a RFP, proposes to assemble a map showing certain seismological features
i.
L f
I of the Appalachian fold belt. In accordance with the representation in the RFP and $2009.570-3(b)(1)(i), ABC Corp.
informs the NRC~that it is presently doing seismological studies for several utilities'in the eastern United States, but none of the sites are within the geographic area contemplated by.the NRC l study.
I (ii) Guidance. .The contracting officer.would normally conclude that award of a contract would not place ABC Corp. in a f conflicting role where its judgment might.be biased. ~Section-2052.209-73(c) Work for Others, would preclude ABC Corp, from' accepting work which could create a conflict of interest during the. term of the NRC contract. .
- (6) (i) Examole. AD Division of ABC Corp., in response to a RFP, submits a proposal to assist the NRC in the safety and l
environmental review of applications for licenses forJhe l
construction, operation, and decommissioning of fuel cycle
- facilities. ABC Corp. is divided into two separate and distinct divisions, AD and BC. The BC Division performs the same or l similar services for industry. -The BC Division is currently pro-l l I viding the same or similar services required under theiNRC's l contract for an applicant or. licensee.
(ii) Guidance. An NRC contract for.that particular work would not be awarded to the ABC Corp. The AD Division could be _
J placed in a posittop to,pastjudgment on work performed by 'the BC
~
Division, which could bias its work for NRC. Further, the' ~ "
Conflict of Interest provisions apply to ABC Corp. and not to separate or distinct divisions within the company. If.no reasonable' alternative exists, a waiver of the policy could be sought in accordance with (2009.570-9.
7(i) EXAMPLE The ABC Corp. completes an analysis for NRC of steam generator tube leaks at one of a utility's six sites. Three months later, ABC Corp. is asked by this utility to' perform the same analysis at another of its sites.
(ii) GUIDANCE 62052.290-73(c)(3) would prohibit the .
contractor from beginning this work for the utility until one year after completion of the NRC work at the first site.
8(i) EXAMPLE ABC Corp. is assisting NRC in a major on-site analysis of a utility's redesign of the common areas between its twin reactors. The contract is for two years with an estimated t
value of $5 million. Near the completion of the .NRC work, ABC i
Corp. requests authority to' solicit for a $100K contract with the I- same utility to transport spent fuel to a disposal site. 'ABC Corp. is performing no other work for the utility.
[
t (ii) GUIDANCE The Contracting Officer, would allow the contractor to proceed with the solicitation becaus'.: A) it is not in the same technical area as the NRC work and B) the potential for technical bias by the contractor because of financial ties to
' the utility is slight due to the relative value of the two contracts.
4 I 9(i) EXAMPLE The ABC Corp. is'. constructing a turbine building and
- installing new turbines at a reactor site. The contract with the utility is for five years and has a total value of $100 million.
ABC Corp. has responded to an NRC Request-For Proposal requiring j the contractor to participate in a major team inspection unrelated i to the turbine work at the same site. The estimated value of the j contract is $75K.
s (ii) GUIDANCE An NRC contract would not normally be awarded i to ABC Corp. since these factors create the-potential for '
finnicial loyalty to the utility that may bias the technical judgment of the contractor.
L (d) Other considerations. g l
e i r (1)- The fact that the NRC can identify and later avoid, l i eliminate, or neutralize any potential organizational conflicts arising from l~ the performance of a contract is not relevant to a determination of the
[ existence of conflicts prior to the award of a contract.
! (2) It is not relevant that the contractor has the professional
+ reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or
( that a contract is awarded on a-compet4tive or a sole source basis. . . _<
-(2009.570-4 Represontation.
i (a) The following procedures are designed to assist the NRC
- contracting officer in determining whether situations or relationships exist which may-constitute organizational conflicts of interest with respect to a particular offeror or contractor. The procedures apply to .small purchases
- meeting the criteria stated in the following paragraph (b) of this section.
! (b) The organizational conflicts of interest representation provision 4 at 52052.209-72 must be included in solicitations and unsolicited proposals, (including those for task orders and modifications for new work) for:
(1) Evaluation services or activities; (2) Technical consulting and management support services; (3) Research; and (4) Other contractual situations where special orgar.izational conflicts of interest provisions are noted in the solicitation and would be included in the resulting contract. This representation requirement also applies to all modifications for additional effort under the contract except those issued under the " Changes" clause. Where, however, a statement of the type required by the organizational conflicts of interest representation provisions has previously been submitted with regard to the contract being modified, only an updating of the statement is required. !
I
_ _ . . _. . . ,_ __ _-. . ~ - __ _ . _ . . _
l l (c) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work contained in a RFP unless the RFP specifically prohibi. the exclusion. Any such proposed eu.insion by an offeror will be considered oy the NRC in the evaluation of prorraal s. If the NRC considers the proposed excluded work to be an essential i u tegral part of the required work and its exclusion would be to the detraent of the competitive posture of the other offerors, the NRC shall 'l reject the proposal as unacceptable.
(d) The offeror's failure to execute the representation required by paragraph (b) of this section with respect to an invitation for bids is J considered to be a minor informality. The offeror will be permitted to correct the omission. ,
{2009.570-5 Contract clauses.
(a) General contract clause. All contracts and small purchases of the types set forth in 52009.570-4(b) must include the clause entitlecT,4
" Contractor Organizational Conflicts of Interest," set forth in 92052.209-73.
(b) Other so'ecial contract clauses. If it is determined from the nature of the proposed contract that an organizational conflict of interest exists, the contracting officer may determine that the conflict can be
- avoided, or, after obtaining a waiver in accordance with f2009.570-9, neutralized through the use of an appropriate special contract clause. If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time' period of any restriction. These -' -
clauses include but are not limited'to:"
(1)_
Hardware exclusion clauses whi'ch prohibit the acceptance of l
production contracts following a related non-production contract previously '
performed by the contractor; (2) Software exclusion clauses; (3) - Clauses which require the contractor (and certain of its key personnel) to avoid certain organizational conflicts of interest; and l (4) Clauses which provide for protection of confidential data i
and guard against its unauthorized use.
52009.570-6 Evaluation, findings, and contract award. l The contracting officer shall evaluate all relevant facts submitted by 1 l
an offeror and other relevant information. After evaluating this information '
against the criteria of $2009.570-3, the contracting officer shall make a :
finding of whether organizational conflicts of interest exist with respect to a particular offeror. If it has been determined that real or potential I
conflicts of interest exist, the contracting officer shall:
i j (a) Disqualify the offeror from award; ,
(b) Avoid or eliminate such conflicts by appropriate measures; or l
4 g
I I
i i
(c) Award the contract under the waiver provision of s2009.570-9.
52009.570-7 Conflicts identified after award.
l If potential organizational conflicts of interest are idenC&ed after l
award with respect to a particular contractor, and the contracting ' officer l d'etermines that conflicts do exist and that it would not be in the best interest of the Government to terminate the contract, as provided in the clauses required by $2009.570-5, the contracting officer shall take_every
' 1 reasonable actica to avoid, eliminate, or, after obtaining a waiver'in accordance with 62009.570-9, neutralize the effects of the identified ,
1 conflict.
5
- . I
$2009.570-8 Subcontracts. l 1
The contracting officer shall require offerors and contractors to submit i
a representation statement from all subcontractors (other than a supply subcontractor) and consultants performing services in excess of MO,000 in The contracting officer shall require the accordance with.52009.570-4(b). j contractor to include contract clauses in accordance with s2009.570-5 in '
consultant agreements or subcontracts involving performance of work under a prime contract.
52009.570-9 Waiver.
(a) The contracting officer determines the need to seek a waiver for specific contract awards, with the advice and concurrence of the program office director and legal'couns~eir Upbn the recommendation of the Procurement Executive, and after consultation with legal counsel, the Executive Director for Operations may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
(b) Waiver action is strictly limited to those situations in which:
(1) The work to be performed under contract is vital to;the NRC program.
(2) The work cannot be satisfactorily perfonned except by a contractor whose interests give rise to a question of conflict of interest.
(3) Contractual and/or technical review and surveillance methods can be employed by the NRC to neutralize the conflict.
(c) For any waivers, the justification and approval documents must be j placed in the NRC Public Document Room, 2120 L Street, NW. (Lower Level),
Washington, DC.
62009.570-10 Remedies.
l In addition to other remedies permitted by law or contract for a breach j of the restrictions in this subpart or for any intentional misrepresentation l or intentional. nondisclosure of any relevant interest required to be provided
' for this section, the NRC may debar the contractor from subsequent NRC contracts.
l 1