ML20044E004

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Contract: Coupled Thermal-Hydraulic,Containment & Reactivity Calculations, Awarded to Pennsylvania State Univ Sponsored Programs & Contracts Ofc
ML20044E004
Person / Time
Issue date: 05/03/1993
From: Mace M, Nargi R
NRC OFFICE OF ADMINISTRATION (ADM), PENNSYLVANIA STATE UNIV., UNIVERSITY PARK, PA
To:
References
CON-FIN-E-2085, CON-NRC-03-93-027, CON-NRC-3-93-27 NUDOCS 9305210182
Download: ML20044E004 (32)
v • d • e


Text

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NRC-03-93-027

j AMARD/CCNTRACT Page 1 of 2

^

1. THIS CCNTRACT IS A RATED CRDER UNDER OPAS (15 CFR 350)
RATING
2. CONTRACT NO.

l3. EFFECTIVE CATE

4. REQUISITICN/ PROJECT NO.

NRR-93-027 NRC-03-93-027 g4

)gg3

5. ISSUED BY Coce:

,5.

ADMINISTERED BY Coce:

(If otner than Item 5)

U.S. Nuclear Regulatory Commission l U.S. Nuclear Regulatory Commission Div. of Contracts & Property Mgmt.

. Div. of Contracts & Property Mgmt.

Contract Neg. Br. No. 2;P-1042 Contract Admin. Brancn No. 1; P-902 Wasnington, DC 20553 Washington, DC 20555

7. NAME AND ADDRESS OF CONTRACTOR
3. DELIVERY Pennsylvania State University

[]

FOB ORIGIN Soonsorea Programs & Contracts Offic.

[X]

OTHER (See below) 118 Barcara Building II University Park, PA 16802-1003

9. DISCOUNT FOR PROMPT PAYMENT N/A Principal Investigator /Tecnnical

Contact:

J. H. Mahaffy l

Telephone No: 814-863-0715

10. SUBMIT INVOICES (4 copies unless otnerwise specifiea) TO THE ADDRESS SHOWN IN ITEM: 6 s
11. SHIP T0/ MARK FOR CCOE
12. PAYMENT WILL SE MADE BY CODE U.S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission ATTN
Brian Thomas, NRR Division of Accounting and Finance Mail Stop 12H26 l

GOV /COM Accounting Section Wasnington, D.C. 20555 l

Washington, OC 20555

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

[ ] 10 U.S.C. 2304(c)( ) [X] 41 U.S.C. 253(c) ( 1)

14. ACCOUNTING AND APPROPRIATION DATA B&R No.: 320-19-15-09-0 Job Code: E-2085 BOC:

APPN No.: 31X0200.320 Amt.: $85,514.00 00C No: 20930,72 ISA. ITEM 15B. SUPPLIES /

15C. QUANTITY 15D. UNIT 15E. UNIT 15F. AMOUNT NO.

SERVICES PRICE The NRC hereby accepts Pennsylvania State University's technical proposal dated 2/4/93, and revised on 3/29/93, which are incorporated herein and made a part of this cost-reimbursement type contract to perform " Coupled Thermal-Hydraulic, Containment, and Reactivity Calculations" for the Office of Nuclear Reactor Regulation.

ISG. TOTAL AMOUNT OF CONTRACT $85,514.00 EXCEPTION TO STANDARD FORM SF26 (REV.4-85)

Prescribed by GSA FAR(48 CFR) 53.214(a) g 9305210182 930503 I

PDR CONTR NRC-03-93-027 PDR e

em

NRC-D3-93-D27 AWARD / CONTRACT Page 2 of 2 Pages

6.

TABLE CF CCNTENi; X SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE A

SOLICITATICN/ CONTRACT FORM B

SUPPLIES OR SERVICES AND PRICES / COSTS C

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D

PACKAGING AND MARKING E

INSPECTICN AND ACCEPTANCE 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 LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTICNS K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M

EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 CR 18 AS APPLICABLE 17.

[X] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is requireo to sign this cocument and return 3 copies to issuing office.) Contractor agrees to furnisn and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consiceration stated herein.

The rights and cbligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein.

(Attachments are listed herein.)

18.

[ ] AWARD (Contractor is not required to sign this document.).Your of fer on Solicitation Number

, including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consumates the contract which consists of the following documents: (a) the Governruent's solicitation and your offer, and (b) this award / contract. No further contractual document is necessary.

19A. RAME AND TITLE OF SIGNER l 20A. NAME OF CONTRACTING OFFICER (Type er print) l l

Mary H. Mac,e

/

R.D.Nargi,,Associa[eTreasurer l

/

/

/

bW b

(Signature'of person autfiorized to sign)l (SignatureoffContractingj0fficer) l

/

// s

/

i 19C. DATE SIGNED l 20C. DATE SIGSEE / p

^ / #7 M>

4/28/93 EXCEPTION TO STANDARD FORM 26 (REV.4-85)

/

/

1 i

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7ABLE CF CCNTENTS PAGE I

AWARD.'CCNTRACT 5

PART : - THE SCHEDULE.

5 SECT:CN S - SUPPLIES OR SERVICES AND PRICES / COSTS.

5 E.:

PROJECT TITLE.

5 5.2 BRIEF DESCRIPTION OF WORK (MAR 1987).

S.3 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT.

5 (JUN 1988) 5 SECT:CN C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT...

6 C.1 STATEMENT OF WORK.

6 C.:

EACKGROUND.

8 C.:

TRAVEL APPROVALS (MAR 1987)

~

9 SECT.CN 0 - PACKAGING AND MARKING.

9 C.1 PACKAGING AND MARKING (MAR 1987).

10 SECT:0N E - INSPECTION AND ACCEPTANCE.......

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 10 10 E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) 11 SECTION F - DELIVERIES OR PERFORMANCE..

.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)...

11 11 PREPARATION OF TECHNICAL REPORTS (JUN 1991).......

2 11 TECHNICAL PROGRESS REPORT (OMB CLEARANCE NUMBER 3150-0112).
3 (JUN 1988)
.a FINANCIAL STATUS REPORT (OMB CLEARANCE NUMBER 3150-0112).

12' (JUN 1988) ALTERNATE I (JUN 1988) 12

5 PLACE OF DELIVERY--REPORTS (JUN 1988) 12
5 DURATION OF CONTRACT PERIOD (MAR 1987).

ALTERNATE II (MAR 1987) 13

7 DELIVERABLES...................

14 SECT:GN G - CONTRACT ADMINISTRATION DATA...........

- 14 3.1 INDIRECT COST RATES (JUN 1988)......

14 14 PROJECT OFFICER AUTHORITY (JUN 1988)............

G.2 16 G.3 TRAVEL REIMBURSEMENT (JUN 1988) ALTERNATE I (JUN 1988)...

17 G.4 REMITTANCE ADDRESS (MAR 1987).........

17

~

G.5 OMB CIRCULAR A-133 AUDITS (JAN 1991).........

19 SECTION H - SPECIAL CONTRACT REQUIREMENTS..............

19 H.1 KEY PERSONNEL _ (JUN 1988)...........

20 4.2 SAFETY, HEALTH, AND FIRE PROTECTION (MAR 1987).

20 DISSEMINATION OF CONTRACT INFORMATION (JUN 1991).......

20 4.3 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUN 1988).

2.4 20 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED.

4.5 JUN 1988)

(NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL COI (JAN 1993 20.1

.6 21 PART II - CONTRACT CLAUSES...

21 SECT!ON I - CONTRACT CLAUSES 21 I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)..

TABLE OF CONTENTS PAGE 52.249-6 TEP.MINATION (COST-EI"90RSEMENT) uAY '096 22 22 I.2 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990)

I.3 52.216-7 ALLOWABLE COST AND PAYMENT (APR 1984) 23 I.4 52.217-8 OPTION TO EXTEND SERVICES (AUG 1989) 27 1.5 52.217-9 OPTION TO EXTEND THE TERM OF THE....

27 CONTRACT (MAR 1989)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS...

28 SECTION J - LIST OF ATTACHMENTS..

28 28 J.1 ATTACHMENTS (MAR 1987).

t t

l l

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Page 5 NRC-03-93-027 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS B.I PROJECT TITLE The title of this project is as follows:

"Coucled Thermal-Hydraulic, Containment, and Reactivity Calculations"

[End of Clause]

B.:

BRIEF DESCRIPTICN OF WORK (MAR 1987)

To evaluate t'he behavior of two different types of nuclear pswer plants under specific loss-of-coolant accident (LOCA) conditions, in order to resolve two safety issues.

[End of Clause]

B.3 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT (JUN 1988)

The total estimated cost to the Government for full a.

performance under this contract is $85,514.00.

b.

The amount obligated by the Government with respect to this contract is $85,514.00.

[End of Clause]

a

Pace 6 NRC-03-93-027 Section C SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT C.I STATEMENT OF WORK C.2 BACKGROUND Two concerns are being reviewed by the NRC staff.

First, the NRC staff is concerned that noncondensible gases may become dissolved in the reference leg of BWR we.ter level instrumentation and that the gases may rapidly come out of solution during depressurization ano displace water from the reference leg resulting in a f alse nigh level indication after a rapid deoressurization event.

It is expected that automatic safety system response will not be acversely impacted, because low reactor vessel water level actuation signals will be reached before significant dacressurization of the reactor, and thus before significant errors in the level indication occur.

The staf f is concerned, however, that operator actions may be complicated by erroneous vessel level indication. To resolve these concerns the Office of Nuclear Reactor Regu'ation (NRR) issued Generic Letter No. 92-04, " Resolution of the issues related to reactor vessel water level instrumentation in BWRs pursuant to

50. 54( f). " This letter requested that all licensees make corrective actions, including any proposed hardware modifications necessary to ensure that the level instrumentation system design is of high functional reliability for long term operation.

In order for the industry to determine what, if any, hardware modifications must be made to ensure the reliability of the water level instrumentation, the Boiling Water Reactor Owner's Group (BWROG) is performing an analyses and full-scale testing.

Second, licensing basis LOCA analyses are performed with the object of conservatively estimating the fuel and cladding temperature.

As a result, the analysis assumpt. ions deliberately minimize the water inventory in the reactor vessel throughout the transient.

Similarly, conservatively high fuel temperatures are used to maximize boil off and thus retards reflood rates.

While the assumptions are conservative with respect to peak cladding temperature calculations, they are not conservative with respect to the potential for a return to criticality. Minimizing water retained in the vessel following blowdown minimizes the amount of low concentration boron water involved in the core reflood. Likewise, high boil off rates and slow reflooding times assure that reflood water is highly concentrated in boron and that reactivity is added slowly.

I A study was undertaken to assess the safety significance of this We concluded that PWR characteristics are such that a problem.

significant safety concern is not expected, but the possibility of

Page 7 NRC-03-93-027 Section C short term recriticality cannot be ccmoletely ruled out.

OBJECTIVE Task 1 The NRC staff must determine the adecuacy of the BWROG testing ana analyses.

This will include verifying that the pressure versus time profiles used in the testing and analyses will envelop the spectrum of accident scenarios.

The cojective of this task assignment is to obtain technical assistance from Penn State University to perform calculations of the pressure level profiles for several accident scenarios using the RELAP5/CONTAIN computer code on a generic BWR/6 model.

These accident scenarios will incluce inadvertent full ADS actuation. the design basis LOCA. the main steam line break accident. and one additional transient to be identified after submittal of the BWROG test matrix.

Task 2 The technical expertise of the contractor is to be obtained to assist the NRC staff in assessing the potential for a return to power during the reflood chase of a LOCA and in the event of a return to power, to cetermine the power level achievable.

WORK REQUIREMENTS TASK 1 Subtask 1.1 - Perform calculations of pressure versus time, level versus time, and the ECCS response for inadvertent opening of all of the ADS valves.

Subtask 1.2 - Perform calculation of pressure versus time, level versus time, and the ECCS response for the design basis LOCA accident scenario.

(

Subtask 1.3 - Perform calculation of pressure versus time, level versus time, and the ECCS response for the main steam line break accident scenario.

TASK 2

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Subtask 2.1 - Perform calculations with the TRAC-PF1 computer code with 3D kinetics.

BOC full power operation and equilibrium Xe should be assumed prior to the LOCA.

Control rods should be fully withdrawn and retained there. The boron concentration of the reflood water should be equal to the critical boron concentration just prior to the LOCA. As the core begins to reflood, the_ nuclear and thermal-hydraulic properties shall be tracked to determine the K of the core.

If the core returns to critical the calculations shall follow the reflood to determine the maximum power level achieved.

Page 8 NRC-03-93-027 Section C Subtask 2.2 - ID scoping calculations shall be performed to determine the worst realistic case Subtask 2.3 - Use the conditions determinea by the scoping calculations to perform 3D calculations similar to the ones described in Task 2.1.

OPTIONAL TASK The work to performed shall be determined after the submission of a test matrix from the BWROG.

Upon this submission the Project Officer will define the work to be performed, and the NRC Contracting Officer will modify the contract accordingly to exercise the option.

ESTIMATED LEVEL OF EFFORT

-r Task Person-weeks 1.1 8.0 1.2 4.0 1.3 4.2 2.1 16 2.2 10 2.3 6

MEETINGS AND TRAVEL Task 1 i

One one-day two person trip to the Washington D.C. area by the contractor is anticipated.

Task 2 Two one-day, two-person trips to NRC Headquarters by the contractor are anticipated.

[End of Clause]

C.3 TRAVEL APPROVALS (MAR 1987)

All domestic travel requires the prior approval of the a.

Project Officer.

b.

All foreign travel must be approved in advance by the NRC on NRC Form 445 and shall be in compliance with 52.247-63, Preference i

For U.S. Flag Air Carriers.

Such approval will be communicated in writing through the Contracting Officer.

[End of Clause]

Paoe 9

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NRC-03-93-027

- Section D SECTION D - PACKAGING AND MARKING D.1 PACKAGING AND MARKING (MAR 1987)

The Contractor shall package material for shipment to the NRC in.

such a manner that will ensure acceptance by common carrier and safe 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 preduct is being provided.

[End of Clause]

s o

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b

NRC-03-93-027 Section E 1

i l

SECTION E - INSPECTION AND ACCEPTANCE 1

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) f.

This contract incorporates one or more clauses by' reference, with the same force and effect as if they were given in full text.

i Upon request, the Contracting Officer will make their full text available.

NU BER TITLE DATE i

52.246-5 INSPECTION OF SERVICES APR 1984

- COST-;EIMBURSEMENT

[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]

O

Page 11 NRC-03-93-027 Section F l

SECTION F - DELIVERIES OR PERFORMANCE 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 reauest. the Contracting Officer will make their full text available.

NUMBER TITLE DATE

+

52.212-13 STOP-WORK ORDER AUG 1989 Alternate I (APR 1984)

[End of Clause]

F. 2 PREPARATION OF TECHNICAL REPORTS (JUN 1991)

All technical reports required by Section C and all Technical Progress Reports required by Section F are to be prepared in accordance with the attached NRC Handbook 3.8.

NRC Handbook 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).

[End of Clause]

F.3 TECHNICAL PROGRESS REPORT (OMB CLEARANCE NUMBER 3150-0112)

(JUN 1988)

The Contractor shall provide a monthly Technical Progress Report to the Project Officer and the Contracting Officer.

The report is due within 15 calendar days after the end of the report period and shall identify the title of the project, the contract number, project manager and/or principal investigator, the contract period of performance, and the period covered by the report.

Each report shall include the following for each discrete task:

A listing of the efforts completed during the period; a.

milestones reached or, if missed, an explanation provided; 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

Paca 12 Section F NRC-03-93-027 d.

Plans for the next reporting period.

[End of Clause]

F.4 FINANCIAL STATUS REPORT (OMB CLEARANCE NUMBER 3150-0112)

(JUN 1988) ALTERNATE I (JUN 1988)

The Contractor shall orovide a monthly Financial Status Report to the Project Officer and the Contracting Officer.

The report is due within 15 calencar days after the end of the report period and shall identify the title of the project, the contract numoer, project manager and/or principal investigator, the contract period of performance, and the period covered by the report.

Each report shall include the following for each discrete task:

(a) Provide total estimated cost (value) of the project as reflected in the contract, the amount of funcs available in tne contract to date, and the balance of funds requirea to complete the work as follows:

1) Total Estimatea Contract Amount.
2) Total Funos Obligated To Date.
3) Total Costs Incurred This Reporting Period.
4) Total Costs Incurred to Date.
5) Balance of Obligations Remaining.
6) Balance of Funos Recuired To Complete Contract.

(b) Detail of all direct and indirect costs incurrea during the

~

I reporting period for each task.

[End of Clause]

F.5 PLACE OF DELIVERY--REPORTS (JUN 1988)

The items to be furnished hereunder shall be deliverea. with all charges paid by the Contractor, to:

(a) Project Officer (2 copies)

U.S. Nuclear Regulatory Commissio'n Program Hgmt, Policy Devel., & Analysis Staff Office of Nuclear Reactor Regulation Mail Stop 12H26 Washington, O.C. 20555 l

t i

(b) Contracting Officer (I copy)

[End of Clause]

F.6 DURATION OF CONTRACT PERIOD (MAR 1987)

)

ALTERNATE II (MAR 1987)

This contract shall commence on the effective date and will l

l expire nine months thereafter. The term of this contract may

Page 13 NRC-03-93-027 Section F be extended at the option of the Government for an additional 6 months.

[End of Clause]

F.7 DELIVERABLES The calculations to ce performed under the subject contract, as specified in Section C, shall be submitted accordingly:

Task Due Date 1.1 Due 1 month from the effective date 1.2 Due 2 months from the effective date 1.3 Due 3 months from the effective date 2.1 Due 3 months from the effective date 2.2 Due 6 months from the effective date 2.3 Due 7 months from the effective date f-1 l

l a

Page 14 NRC-03-93-027 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 INDIRECT COST RATES (JUN 1988)

Pending the establishment of final indirect rates which a.

shall be negotiated based on audit of actual costs, the Contractor shall be reimoursed for allowable indirect costs as follows:

Cost Applicable Category aate Base Period i

Fringe Benefits 25.55% (Category I)

  • FT S&W ~/1/92 - expiration 10.30% (Category II) *FT S&W 7/1/92 - expiration 7.60% (Grad. Asst.)
  • FT S&W 7/1/92 - expiration Indirect Costs 44.80%
    • MTDC 7/1/92 - expiration
  • Full Time Salary and Wages
    • Total Modified Direct Costs 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 52.232 Limitation of Cost or 52.232 Limitation of Funds, as applicable, if such change (s) affect (s) performance of work within the estaolished cost or funding limitations.

[End of Clause]

G.2 PROJECT OFFICER AUTHORITY (JUN 1988)

(a) The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:

Name:

Brian Thomas l

Address: U.S. Nuclear Regulatory Commission Program Mgmt, Policy Devel, & Analysis Staff f

Office of Nuclear Reactor Regulation

'i Mail Stop 12H26 Washington, D.C.

20555 i

Telephone Number: 301-504-1210 (b) Performance of the work under this contract shall be subject to the technical direction of the NRC Project Officer.

The term " Technical Direction" is defined to include the

page 15 NRC-03-93-027-Section G foilowing:

(1) Technical direction to the Contractor which' shifts work i

emphasis between areas of work or tasks,_ fills in details or otherwise serves to accomplish the contractual statement of-work.

l I

(2) Provide advice and guidance to the Contractor,in the preparation of drawings, specifications or tecnnical portions of the work description.

(3) Review and, where required by the centract, approval'of-technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government-under the contract.

(c) Tecnnical direction must be within the general. statement of.

work stated in the contract.

The Project Officer does not have_.

)

the authority to ana may not issue any technical direction which:

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

i (2) Constitutes a change as defined in the_" Changes" clause of this contract.

(3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time

}l 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 i

l whatever.

(d) All technical directions shall be issued in writing by the-Project Officer or shall be confirmed by such person in writing l

within ten (10) working days after verbal issuance. - A copy of said written direction shall be furnished to the Contracting-l Officer.

(e) The Contractor shall proceed promptly with the performance 1

of technical directions duly issued by the Project Officer in the manner prescribed by this clause and within such person's authority under the provisions of this clause.

i r,

(f) If, in the opinion of th'e Contractor, any instruction or

'l direction issued by the Project Officer is within one: of _ the categories as defined in c above, the Contractor shall not proceed but shall notify the Contracting Officer in. writing within.five (5) working days after the receipt of any such instruction or.

direction and shall request the Contracting Officer to modify the 4

~

contract accordingly.. Upon receiving such notification from the l

?

Contractor, the Contracting Officer shall issue.an appropriate 4

i

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Pace 16

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NRC-03-93-027 Sectica G-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.

]q (h) A failure of the parties to agree.upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to 52.233 Discutes.

(i)

In addition to providing technical direction as.cefined above, the Project Of ficer is responsible for:

(1) Monitoring the Contractor's technical progress, including surveillance and assessment of cerformance, and recommending to the Contracting Officer changes in recuirements.

(2) Assisting the Contractor in the resolution of technical problems encountered during performance.

(3) Reviewing all costs requested for reimbursement by the Contractor.and submitting to the Contracting Officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this: contract.

[End of Clause]

G.3 TRAVEL REIMBURSEMENT (JUN 1988) ALTERNATE I (JUN 1988) a.

The Contractor is encouraged to use Government' contract airlines, AMTRAK rail service, and discount-hotel / motel properties in order to reduce the cost of travel under this contract. The Contracting Officer will, upon request, provide each_ additional-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, schedules, payment conditions, and hotel / motel properties 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 Office, Washington, DC 20402.

b.

The Contractor will be reimbursed-for reasonable domestic.

travel costs incurred directly and specifically in the performance of this contract. The cost limitations for travel costs are determined by the Federal Travel Regulations that are in effect on the date of the trip. These Regulations specify the daily maximum per diem rates for specific localities within the Conterminous United States (CONUS), the, standard CONUS rate, the allowance for meals and incidental expenses (M&IE), the cost of travel by-privately owned automobile, and the items which require receipts.

1

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Page 17 NRC-03-93-027 Section G A copy of the Regulations may be obtainea from the Superintencent of Documents, Government Printing Office, Washington, DC 20402.

When the Government changes the Federal Travel Regulations.

c.

it is the responsibility of the Contractor.to notify the

' l Contracting Officer in accordance with the Limitation of Cost clause of this contract if the Contractor will be unable to make' all of the approved trips and remain within the cost and fee

- i limitations of this contract due to the changes.

l d.

The rates for foreign travel are established by the U.S.

Department of State and are listed in a publication entitled

" Maximum Travel Per Diem Allowances For Foreign Areas". Copies of this publication may be obtained from the U.S. Government Printing l

Office, Washington, D.C. 20402.

l

[End of Clause]

G.4 REMITTANCE ADDRESS (MAR 1987)

{

Remittance address is as follows:

Name:

Research Accounting Address: The Pennsylvania State University 313 Rider Building University Park, PA 16802

[End of Clause]

G.5 OMB CIRCULAR A-133 AUDITS (JAN 1991)

This clause only applies to cost-type contracts to institutions of higher education and other nonprofit institutions.

The Office of Management and Budget (OMB) issued Circular A-133, effective on its Federal R'egister publication date of March 16, 1990, to establish audit requirements and defin.e Federal responsibilities for implementing and monitoring such requirements for institutions of higher education and other nonprofit institutions receiving Federal awards.

(a) Institutions of higher education and other nonprofit organizations which receive $100,000 or more in a year in Federal awards, including cost-type contracts, grants, cooperative agreements, and loans, must have an audit made for that year in accordance with the provisions of OMB Circular A-133, " Audits of-Institutions of Higher Education and Other Nonprofit Institutions."

(b) If the amount of Federal awards is more than $25,000 but less than $100,000, an audit must be made for that year, in accordance with Circular A-133, or must be made of each Federal award.

(c) Nonprofit organizations (including institutions of higher

-m

_h

Pace IS NRC-03-93-027 Section G education) receiving less than $25,000 in a year in Feoeral awards are exempt from these audit requirements but must make records available for review by appropriate NRC offic4als.

(d) Definitions of various terms are contained in Circular A-133.

The following are provided for convenience.

i (1) " Award" means financial assistance and Federal cost-type contracts used to buy services or goods for the use of the Federal Government.

It includes awards received directly from the Federal agencies or indirectly through recipients.

It does not incluoe l

procurement contracts to vendors under grants or contracts used to buy goods or services.

Audits of such vendors (subcontractors) shall be covered by the terms and conditions of tne contract.

(2) "Nonorofit institution" means any corporation, trust.

association, cooperative er other organization which (i)) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (ii) is not organized primarily for profit; and (iii) uses its net proceeds to maintain, improve, and/or expand its operations.

The term " nonprofit institutions" includes institutions of higher education, except s

those institutions that are audited as part of single audits in accordance with OMB Circular A-128, " Audits of State and Local Governments." This term does not include hospitals which are not affiliated with an institution of higher education or State anc local governments and Indian tribes covered by OMB Circular A-128.

(End of Clause) i I

t r

L

Page 19 NRC-03-93-027 Section H i

e SECTION H - SPECIAL CCNTRACT REQUIREMENTS H.'

KEY PERSONNEL (JUN 1988)

The following individuals are considered to be essential to a.

the successful performance of the work hereunder:

Dr. John Mahaffy Madeline Feltus The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b and c hereof, b.

If one or more of the key persernel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

All requests for approval of substitutions hereunder must be c.

in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions.

They contain a complete resume for the proposed substitute, and other information requested by the Contracting Officer to approve or disapprove the proposed substitution. The Contracting Officer will evaluate such reouests and promptly notify the Contractor of his/her approval or disapproval thereof in writing.

d.

If the Contracting Officer determines that:

(1) Suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming; or (2) That the resultant reduction of effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. 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.

[End of Clause]

Dage 20 NRC-03-93-027 Section H i

H.:

. SAFETY HEALTH AND FIRE PROTECTION (MAR 1987)

The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of employees and of members of the public and to minimize danger from all hazards to life and property-and shall i

comply with all applicable health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Labor.

In the event that the Contractor fails to comply with these regulations or requirements, the Contracting Officer, may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or for compensation or damages by reason of cr in connection with such work stoopage.

[End of Clause]

H.3 DISSEMINATION OF CONTRACT INFORMATION (JUN 1991)

The Contractor shall comply with the requirements of the attached NRC Han^ook 3.8 and, if applicable, NRC Manuai Chapter 3206 (See Secti:

J for List of Attachments) regarding publications or dissemination to the public of any information, oral or written, concerning the work performed under this contract.

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

[End of Clause]

H.4 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUN 1988)

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and

-i other data developed or acquired by or furnished to the Contractor in the performance of this contract shall be used only in connection with the work under this contract.

[End of Clause]

H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)

The Government will not provide any equipment / property under this cortract.

[End of Clause]

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i Page 20.1

  • mC-03-93-N -

Section H

[

t

-!. 6 NRCAR 2052.209-73 CONTRACTCR ORGANIZATIONAL CCNFLICTS OF i

INTEREST (JAN 1993) 1 (a) purpose.

The primary purpose of this clause is to aid in ensuring that the contractor:

(1)

Is not placea in a conflicting role because of current or f

plannea interests (financial, contractual, organizational. or otherwise) which relate to the work under this contract; and.

j i

(2) Does not obtain an unfair competitive advantage over other j

parties by virtue of its performance of this contract, j

i (b) Scope.

The restrictions described apply to performance _or participation by the contractor, as defined in 48 CFR 2009.570-2 in l

the activities covered by this clause.

l I

(c) Work for others.

f (1) Notwithstanding any other provision of this contract, f

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 f

arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written i

approval of the contracting officer before the execution of such 1

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 i

order as appropriate), except where the NRC licensee or applicant

[

requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC l

questions.

l (3) When the contractor performs work for the NRC under this i

contract at any NRC licensee or applicant site, the contractor shall i

neither solicit nor perform work in the same or similar technical

-(

j area for that licensee' or applicant organization for a period l

commencing with the award of the task order or beginning of work on l

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).

I (4) When the contractor performs work for the NRC unoer this j

contract at any NRC licensee or applicant site, l

+

(1) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the -

i Pace 20.2 NRC-03-93-027 5ection H (11) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.

(iii)

Notwithstancing the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.

(d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.

(2) The contractor agrees that, if after awara, it discovers organizational conflicts of interest with respect to this contract, it shall make an immeciate 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, I

terminate the contract if termination is in the best interest of the government.

(3)

It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of I

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 j

regulated entity.

NRC may deny approval of the disclosed work only when the NRC has issued a task orcer 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.

I (e) Access to and use of information.

(1)

If in the performance of this contract, the contractor obta1ns access to information, such as NRC plans, policies, reports,

Page 20.3 1RC-13 03-027 Section H 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 baseo 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 public by the NRC.

(2)

In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the 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 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 paragraoh, in subcontracts of any tier.

The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.

(g) Remedies.

For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bao faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remeaies permitted by law or this contract.

(h) Waiver. A request for waiver under this clause must be directed in.triting to the contracting officer in accorcance with the procedures outlined in 48 CFR 2009.570-9.

1 Pace 20.-

4 Sect 100 9

.yg,g3,j; - -

t 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 contracter's performance of work under this contract. Furthermore, unless so directed in writing by tne contracting officer, the contractor may not perform any tecnnical 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 I

another firm if the contractor has been substantially involved in the development or marketing of the products or services.

(1) If the contractor, under this contract, prepares a complete or essentially comolete statement of work or specifications, the contractor is not eligible to perform or participate in the initial i

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 directea in writing by the contracting officer, in which case the restrictions in this paragrapn do not apply.

(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.

(End of Clause) h e

4

Page 21 NRC-03-93-027 Section I PART II - CONTRACT CLAUSES SECTION I - CCNTRACT CLAUSES I.!

52.252-2 CLAUSES INCORPORATED BY RE ERENCE (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.

FEDERAL ACQUISITION REGULATICN (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.202-1 DEFINITIONS SEP 1991 52.203-1 0FFICIALS NOT TO BENEFIT APR 1984 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR JUL 1985 SALES TO THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES OCT 1988 52.209-6 PROTECTING THE GOVERNMENT'S NOV 1992 INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-1 EXAMINATION OF RECORDS BY FEB 1993 COMPTROLLER GENERAL 52.215-2 AUDIT - NEGOTIATION FEB 1993 Alternate II (FEB 1993) 52.215-31 WAIVER OF FACILITIES CAPITAL SEP 1987 COST OF MONEY 52.215-33 ORDER OF PRECEDENCE JAN 1986 52.216-11 COST CONTRACT - NO FEE APR 1984 52.219-8 UTILIZATION OF SMALL BUSINESS FEB 1990 CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 UTILIZATION OF WOMEN-0WNED AUG 1986 SMALL BUSINESSES 52.220-3 UTILIZATION OF LABOR SURPLUS APR 1984 AREA CONCERNS 52.222-1 NOTICE TO THE GOVERNMENT APR 1984 0F LABOR DISPUTES 52.222-3 CONVICT LABOR APR 1984 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

Pace 22 t

NRC-03-93-027 Section I i

OF THE VIETNAM ERA 52.223-6 DRUG-FREE WORKPLACE JUL 1990 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN MAY 1992 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT APR 1984 52.227-2 NOTICE AND ASSISTANCE REGARDING APR 1984 PATENT AND COPYRIGHT INFRINGEMENT 52.228-7 INSURANCE - LIABILITY TO THIRD APR 1984 PE350NS r

52.232-20 LIMITATION OF COST APR 1984

[

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 1

52.232-25 PROMPT PAYMENT SEP 1992 52.232-28 ELECTRONIC FUNDS TRANSFER APR 1989 PAYMENT METHODS 52.233-1 DISPUTES Alternate I (DEC 1991)

DEC 1991 52.233-3 PROTEST AFTER AWARD AUG 1989 Alternate I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-13 BANKRUPTCY APR 1991 52.243-2 CHANGES - COST-REIMBURSEMENT AUG 1987 i

Alternate I (APR 1984) 52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT JUL 1985 AND LETTER CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING APR 1984 52.246-25 LIMITATION OF LIABILITY - SERVICES APR 1984 52.249-6 TERMINATION (COST-REIMBURSEMENT) MAY 1986

[End of Clause]

I.2 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990)

(a) The Government, at its election, may reduce the price of a fixed price type contract or contract modification and the total i

cost and fee under a cost-type contract or contract modification by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting i

activity or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as impl'emented in the FAR.

In the case of a contract modification, the fee subject to reduction is the fee specified in the particular contract modification at the time of execution, except as provided in subparagraph (b)(5) of this clause.

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be--

(1) For cost plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award; (2) For cost plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or " fee floor" specified in the contract, l

3

page 23 NRC-03-93-027 Section I (3) For cost plus-award-fee contracts--

(i) The base fee established in the contract at the time of contract award:

(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed-price-incentive contracts, the Government may--

(1) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of rentract award; or (ii) If an immediate adjustment to the contract target price and contract. target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.

(5) For firm-fixed price contracts or contract modifications, by 10 percent of the initial contract price; 10 percent of_ the contract modification price; or a profit amount determined by the t

Contracting Officer from records or documents in existence prior to the date of the contract award or modification.

(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of. profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d)

In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

[End of Clause]

I.3 52.216-7 ALLOWABLE COST AND PAYMENT (APR 1984)

(a) Invoicing. The Government shall make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer

i Page 24 NRC-03-93-027 Section I in accordance with Subpart 31.3 of the Federal Acouisition

~

Regulation (FAR) in ef fect on the date of this contract and the terms of this contract.

The Contractor may :,ubmit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher suoported by a statement of the claimed allowable cost for performing this contract.

(b) Reimbursing costs.

(1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (2) below, with respect to pension, deferred profit sharing, and employee stock ownership plan contribution), the term " costs" includes only--

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract; (ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--

(A) Materials issued from the Contractor's inventory and placed in the production process for use on the contract; e

(B) Direct labor; (C) Direct travel; (D) Other direct in-house costs; and (E) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of progress payments that have been paid to the Contractor's subcontractors under similar cost standards.

(2) Contractor contributions to any pension, profit-sharing, or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes; provided, that the Contractor pays the contribution to the fund within 30 days after the close of the period covered. Payments made 30 days or more after the close of a period shall not be included until the Contractor actually makes the payment. Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for payment J

purposes until the Contractor actually makes the payment.

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) below.

NRC-03-93-027 Section I

~

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns.

A small business concern may be paid more often than every 2 weeks and may invoice and be paid for.

recorded costs for items or services purchased directly for the contract, even though the concern has not yet paid for those items or services.

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the-period covered by the indirect cost rate proposal.

(2) The Contractor shall, within 90 days after the expiration of each of its fiscal years, or by a later date approved by the-Contracting Officer, submit to the cognizant Contracting _ Officer responsible for negotiating its final indirect cost rates and, if required by agency procedures, to the cognizant audit activity proposed final indirect cost rates for that period and supporting cost data specifying the contract and/or subcontract to which the-rates apply. The proposed rates shall be based on the Contractor's actual cost experience for that period.

The appropriate Government representative and Contractor shall establish the final indirect cost rates is promptly as practical after receipt of the Contractor's proposal.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates.

The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates.

The understanding shall-not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. 'The understanding is incorporated into this contract upon-execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor),

subject to adjustment when the final rates are established. These y

billing rates--

(1) Shall be the anticipated final rates; and

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O Page 25 NRC-03-93-027 Section I y

(2) May be prospectively or retroactively. revised by mutual-agreement, at either party's request, to prevent substantial i

overpayment or underpayment.

(f) Quick-closecut procedures. When the Contractor and Contracting Officer agree, the quick-closeout procedures of Subpart 42.7 of the FAR may be used.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or' vouchers and statements of cost audited.

Any payment may be (1) reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) adjusted for prior overpayments or underpayments.

(h) Final payment.

(1) The Contractor shall submit a completion invoice or voucher, designated as such, promptly upon completion of the work, but no later than one year (or longer, as the Contracting Officer may approve in writing) from the completion date.

Upon approval of that invoice or voucher, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer.

Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of' final payment shall execute and deliver--

(i) An assignment to the Government, in form and substance.

satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of er under this contract, except--

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in

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Page 27 NRC-03-93-027 Section I writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.

[End of Clause]

I.4 52.217-8 OPTION TO EXTEND SERVICES (AUG 1989)

The Government may require continued performance of any services within the limits and at the rates stated in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.

[End of Clause]

I.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, incl'uding the exercise of any options under this clause, shall not exceed 15 months.

[EndofClause]

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I Page 28 NRC-03-93-027 Section J j

a PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS i

J.1 ATTACHMENTS (MAR 1987)

Attachment Number Title 1

Billing Instructions 2

NRC Contractor Organizational Conflicts of Interest 3

NRC Handbook 3.8 4

Manual Chapter 3206

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