, ,award/contract a ima contract clalses a solicitationicontract form i contract clauses b supplues...

- 1. THIS CONTRACT IS RATED ORDER PAGE OF PAGES, ,AWARD/CONTRACT UNDER DPAS (15 CFR350) N/A O |

2. COC)NRACT NO. (P. W) 3. EFFECTIVE DATE REQUISITIOKIPURCHASE REOUESTJPROJECT NO.

NRC-04-04-063 __ A fiD r ImB. ISSUED BY - CODE 300 ) ADMINISTERED BY (toVirfetntan5) COOE 31

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommissionDiv of Contracts; ATTN: Debbie Neff Div of ContractsTwo White Flint North - MS T-7-I-2 Two White Flint North - MS T-7-I-2Contract Management Center 2 Contract Management Center 2Washington, DC 20555 Washington, DC 20555

7. NAME AND ADDRESS OF CONTRACTOR (No.. steel. f coxy. Slate md ZIP Code) a. DELIVERY

Pennsylvania State UniversityOffice of Graduate Studies and Research L FOB ORIGIN OTHER (Seebelow)101 Hammond BuildingAttn: Jackie Michael 9. DISCOUNT FOR PROMPT PAYMENT

University Park PA 16802 N/A

10. SUBMITNICES IEM

(4 cooP"S uimss erwse

CODE |FACILIY COOE TO THE ADDRESS SHOWN IN

1.SMnPTCUMARKFOR CODE 1Z PAYMENT WILL BE MADE BY CODE

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommissionATTN: Gene Rhee Payment Team, Mail Stop T-9-H-4Office of Nuclear Regulatory Research Attn: NRC-04-04-063Mail Stop T 10K8Washington DC 20555- Washington DC 20555

13. AUTHORITY FOR USING OTHER THAN FLUAND OPEN COMPEUUlON 14. ACCOUNTING AND APPROPRIATION DATAAPPN No.: 31X0200.460 B&R: 46015110205 JOB CODE: Y6945

El IOU.&SC.2304(cX ) J 41U.S.C.25(cXl) 80C: 252A RES 0: RES-C04-301 Obligated Amt.: $260,589

1 ITEMU NO 15B. SUPPLESISERVICES 15C.OUANTnTY 15D. UNIT 15E. UNIT PRICE I5F. AMOUNT

See Section B.2 for description of services.

This is a cost reimbursement type contract.

15G.TOTALAUOUNTOFODNRACT $ 60,589.00

16.TABLEOFCONTENTS See Attached Table ot Contents

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRFnONI PAGE(S)

PARTI-THEFCHEDULE PART a CONTRACT CLALSES

A SOLICITATIONICONTRACT FORM I CONTRACT CLAUSES

B SUPPLUES OR SERICES AND PRKEl;COSTS PART 1I - IjST OF DOCUMENTS. EXHIBITS AND OTHER ATTACK

C DESCRIP1ONISPECSANORK STATEMENT . J USTOFATTACHMENTS -

D PACKAGING AND MARIONG - PART IV- REPRESENTATIONS AND INSTRUCTIONS

= E INSPECTI)N AND ACCEPTANCE . K REPRESENTATIONS. CERTIFICATIONS AND

F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA . _ =_L INSTRS. CONDS. AND NOTICES TO OFFER

H SPECIAL CONTRACT REUREMUENTS M EVALUATION FACTORS FOR AWARD

CONTRACTING OFFICER WiLL COMPLETE ITEM 17 OR 18 AS APPLCABLE

17. CONTRACTOR'SNEGOTIATEDAGREEMENT (Cotalra'oris mediosigntls 18.[ AWARD (Cor*.Wcorlen, redtignthisdocunerL) Yomr offeron

xuomerterdurekn . cepbaskiki .) SlddzknNunbr RES-04-063 hdautheCoetctor m te g lrrishiddierb mw 6imaorperfavi elbiesecesmettori orothise aWttorcwges de byyou t bdidons ardwv setbr~tdiSaboe.sherebyIdired above ad t on awy rmdon delte cbrWa tabn d her.h Thert aepled m bt tie lana Isied aboe wad on any coroeon et Tbh d cvn macwiiierd of Ina parleskin tis conl s be voctb od to nd nhd ytsedby tie l ie Coitaytkodi cnas el of too "oli dsftaiie (ae)to Gworrewt sddaon enddocuaen (a) Ih2s ee*rdtord*a(b)te-1 hla any.odl (Cihproir. W offer. and (b) lr owenkrdk No jwher con*,cul donenrrd Is neessry.representa. cortftcsom ard spedcean. as we adiced or kIcorporuad toyrderene.hereh (Aftedvft wre Id ed lh)a* _

19A. NAME AND TILE OF SIGNER (Twp or lirt) 20k NAME CONTRACTING OFFICER

John W. Hanold Ste en loolAssociate Director. Office pf Sponsored Programs Contr nq Offi J I

19B. NANM ~ L xL 19C DATE SIGNED

5 _S/;/04 _.

r%" W1ional Of proia~oi

2DS. UN 2).UE^^s1 sw

V ~ TR FOnM2S ri+. (4-451

TEMPLE - ADMO01 ADMOO2

Table of Contents Page

PART I - TE SCHEDULE .................................................................. A-1

SECTION A - SOLICITATION/CONTRACT FORM ................................................................. A-1

SF 26 AWARD/CONTRACT ................................................................. A-I

PART I - THE SCHEDULE ................................................................. B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS ......................................................... B-1

B.1 PROJECT TITLE ......................................................... B-1B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) ... ...................................................... B-1B.3 CONSIDERATION AND OBLIGATION-COST REIMBURSEMENT

(JUN 1988) ALTERNATE I (JUN 1988) ......................................................... B-1

SECTION C - DESCRIPTIONISPECIFICATIONS/STATEMENT OF WORK ............................................. C-1

SEE ATTACHMENT J.I FOR STATEMENT OF WORK ......................................................... C-1

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

SECTION E - INSPECTION AND ACCEPTANCE ....................................... E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE .............................. E-1E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) ............................................................ E-1

SECTION F- DELIVERIES OR PERFORMANCE ..... ................................ F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ............. ................. F-IF.2 2052.211-70 PREPARATION OF TECHNICAL REPORTS (JAN 1993) .............................................. F-1F.3 2052.211-71 TECHNICAL PROGRESS REPORT (JAN 1993) ............................................................. F-1F.4 2052.211-72 FINANCIAL STATUS REPORT (OCT 1999) ................................................................ F-2F.5 PLACE OF DELIVERY-REPORTS (JUN 1988) ........................... ...................................... F-3F.6 DURATION OF CONTRACT PERIOD (MAR 1987)

ALTERNATE 2 (MAR 1987) ................................................................. F-3F.7 DELIVERABLES AND DELIVERY SCHEDULE .............................. .................................. F-3

SECTION G - CONTRACT ADMINISTRATION DATA ........ G-1

G.1 2052.215-71 PROJECTOFFICERAUTRORITY ................................................................ G-1G.2 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) ............... ..................... G-2G.3 2052.216-71 INDIRECT COST RATES-ALTERNATE I (JAN 1993) ........................... ...................... G-3

SECTION H - SPECIAL CONTRACT REQUIREMENTS . . ...................... H-1

H.1 2052.242-70 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS(DPVS) (OCT 1999) ..................................................... H-i

H.2 2052.242-71 PROCEDURES FOR RESOLVING NRC CONTRACTORDIFFERING PROFESSIONAL VIEWS (DPVS) (OCT 1999) ..................................................... H-I

H.3 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF* INTEREST (JAN 1993) ...................................................... H-2H.4 2052.215-70 KEY PERSONNEL (JAN 1993) ...................................................... H-5H.5 .2052.235-70 PUBLICATION OF RESEARCH RESULTS (OCT 1999) ............................................... H-5H.6 2052.235-71 SAFE'lY, HEALMTI, AND FIRE PROTECTION

(JAN 1993) ...................................................... H-6*L7 SEATBELTS ......................................................... H-6*R8 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS ..................................... H-6H. 9 CONTRACTOR ACQUIRED GOVERNMENT EQUIPMENT/PROPERTY

A-2

* i

(DEC 1995) ......................................................... H-7H.10 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS . .................................... H-8

PART II - CONTRACT CLAUSES ............................. 1-1

SEC ION I- CON RACTCLAUSES ...... ...................... ...... 1-1

1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE .............................. . I-11.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

(OCT 2003) ............................................................. 1-31.3 52.216-7 ALLOWABLE COST AND PAYMENT (DEC 2002) . ........................................................... 1 -3I.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000) ............................................................. 1-6I.5 52.232-25 PROMPT PAYMENT (OCT 2003)........................................................................................1.. -7I.6 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL

CONTRACTOR REGISTRATION (OCT 2003) ............................................................ 1-101.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . .............................................. 1-11

PART m - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ... J-1

SECTION J.- LIST OF ATTACHMENTS ....... ................. J-1

-A-3

NRC-04-04-063 SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PROJECT TITME

The title of this project is as follows:

Rod Bundle Heat Transfer Test Program - Phase 3

B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)

The objective of this contract is to conduct a series of steam cooling tests without liquid droplet injestions for the firstyear. If the option year is exercised, a series of steam cooling tests with liquid droplet injections shall be performed. If thesecond option year is exercised, additional reflood tests in the existing rod bundle test facility located in PSU shall beperformed.

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

(a) The total estimated cost to the Government for fuil performance of the base period (Task- 1) under this contract is$260,589.

(b) The total estimated cost to the Government for full performance of the first option period (Task 2) under this contractis $670,000.

(c) The total estimated cost to the Government for full performance of the second option period (Task 3 and 4) under thiscontract is $568,571.

(d) The amount presently obligated by the Government with respect to this contract is $260,589.

B-1

-NRC-04-04-063. I

SECTION C

SECTION C - DESCRJLPTION/SPECIFICAT[ONS/STATE:MENT OF WORK

SEE ATTACHMENT J.1 FOR STATEMENT OF WORK

C-l

SECTION DNRC-04-04-063I

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 commoncarrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce CommissionRegulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode oftransportation. On the front of the package, the Contractor shall clearly identify the contract number under which theproduct is being provided.

D-1

; NRC-04-04-063 SECTION E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title,and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section Iof this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-9 : INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984(SHORT FORM)

E.2 PLACEOF INSPECTION AND ACCEPTANCE (MAR 1987)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at thedestination.

E-1

NRC-04 04-063I

SECTION F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE



52.242-15

52.247-3452.24748

STOP-WORK ORDERALTERNATE I (APR 1984)F.O.B. DESTINATIONF.O.B. DESTINATION-EVIDENCE OF SHIPMENT

AUG 1989

NOV 1991FEB 1999

F.2 2052;211-70 PREPARATION OF TECHNICAL REPORTS (JAN 1993)

All technical reports required by Section C and all Technical Progress Reports required by Section F are to be prepared inaccordance with the attached Management Directive 3.8, "Unclassified Contractor and Grantee Publications in the NUREGSeries." Management Directive 3.8 is not applicable to any Contractor Spending'Plan (CSP) and any Financial StatusReport that may be included in this contract. (See List of Attachments).

F.3 2052.211-71 TECHNICAL PROGRESS REPORT (JAN 1993)

The contractor shall provide a monthly Technical Progress Report to the project officer and the contracting officer. Thereport is due within 1 5 calendar days after the end of the report period and must identify the title of the project, the contractnumber, appropriate financial tracking code specified by the NRC Project Officer, project manager and/or principalinvestigator, the contract period of performance, and the period covered by the report. Each report must include thefollowing 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;

(b) Any problems or delays encountered or anticipated and recommendations for resolution. If the recommendedresolution involves a contract modification, e.g., change in work requirements, level of effort (cost) or schedule delay, thecontractor 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.

F-1

NRC-04-04463 SECTION F

F.4 2052.211-72 FINANCIAL STATUS REPORT (OCT 1999)

The contractor shall provide a monthly Financial Status Report (FSR) to the project officer and the contracting officer.The FSR shall include the acquisition of, or changes in the status of, contractor-held property acquired with governmentfunds valued at the time of purchase at $50,000 or more. Whenever these types of property changes occur, the contractorshall send a copy of the report to the Chief, Property and Acquisition Oversight Branch, Office of Administration. Thereport is due within 15 calendar days after the end of the report period and must identify the title of the project, the contractnumber, the appropriate financial tracking code (e.g., Job Code Number or JCN) specified by the NRC Project Officer,project manager and/or principal investigator, the contract period of performance, and the period covered by the report.Each report must include the following for each discrete task:

(a) Total estimated contract amount.

(b) Total funds obligated to date.

(c) Total costs incurred this reporting period.

(d) Total costs incurred to date.

(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task, if it is atask ordering contract.

(f) Balance'of obligations remaining.

(g) Balance of funds required to complete contract/task order.

(h) Contractor Spending Plan (CSP) status: A revised CSP is required with the Financial Status Report whenever thecontractor or the contracting officer has reason to believe that the total cost for performance of this contract will be eithergreater or substantially less than what had been previously estimated.

(1) Projected percentage of completion cumulative through the report period for the project/task order as reflected in thecurrent CSP.

(2) Indicate significant changes in the original CSP projection in either dollars or percentage of completion. Identify thechange, the reasons for the change, whether there is any projected overrun, and when additional funds would be required. Ifthere have been no changes to the original NRC-approved CSP projections, a written statement to that effect is sufficient inlieu of submitting a detailed response to item "hi.

(i) Property status:

(1) List property acquired forthe project during the month with an acquisition cost between $500 and $49,999. Give theitem number for the specific piece of equipment.

(2) Provide a separate list of property acquired for the projec during the month with an acquisition cost of $50,000 ormore. Provide the following information for each item of property: item description or nomenclature, manufacturer, modelnumber,. serial number, acquisition cost, and receipt date. If no property was acquired during the month, include a statementto that effect The same information must 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 financial status report provide a cumulative listing of propertywith an acquisition cost of $50,000 or more showing the information specified in paragraph (i)(2) of this clause.

F-2

NRC-04-04-063 . SECTION F

(4) In the final financial status report provide a closeout property report containng the same elements as descrbedabove for the monthly financial status reports, for all property purchased with NRC funds regardless of value unless titlehas been vested in the contractor. If no property was acquired under the contract, provide a statement to that effect. Thereport should note any property requiring special handling for security, health, safety, or other reasons as part of the report.

() Travel status: List the starting and ending dates for each trip, the starting point and destination, and the traveler(s) foreach trip.

(k) If the data in this report indicates a need for additional finding beyond that already obligated, this information mayonly be-used as support to the official request for funding required in accordance with the Limitation of Cost (LOC) Clause(FAR 52.232-20) orthe Limitation of Funds (LOF) Clause FAR 52.232-22.

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

The items to be furnished hereunder shall be delivered, with all charges paid by the Contactor, to:

(a) Project Officer (3 copies)Gene Rhee

-U.S. Nuclear Regulatory CommissionOffice of Nuclear Regulatory ResearchMail Stop T 1OK8

Washington, DC 20555(b) Contracting Officer (I copy)

F.6 DURATION OF CONTRACT PERIOD (MAR 1987)ALTERNATE 2 (MAR 1987)

This contract shall commence on the effective date and will expire 1 year thereafter. The term of this contract may beextended at the option of the Government for an additional two year period, and a 1.5 year period thereafter.

F.7 DELIVERABLES AND DELIVERY SCHEDULE

Task 1 - Base Period

1. A test matrix for 10 steam cooling only tests shall besubmitted within 6 months after contract award.

2. Test procedures for steam cooling tests only shall be submitted* to the NRC within 6 months after contract award.

3. A quick look report for each valid steam cooling only shall besubmitted within one month after each test.

4. An updated version of the facility description report for thesteam cooling tests with droplet injection including the datauncertainty and qualification shall be sumbmitted within 6months of the completion of the test series.

5. All of the qualified test data shall be provided in CDs in the NRC data

F-3

NRC-04-04-063 SECTON F

bank format within one month after the last valid test.

6. A Test Data and Analysis Report on the steam cooling with dropletinjection tests shall be submitted within one year after thecompletion of the test series.

Optional Task 2 - First Option Period

1. A test matrix for steam cooling with droplet injections and additionalreflood tests shall be submitted within 3 months after the respectiveoption is exercised.

2. A test procedure for steam cooling with droplet injections and additionalreflood tests shall be submitted within 3 months after the respectiveoption is exercised.

3. A quick look report for each valid steam cooling only shall besubmitted within one month after each test.

4. An updated version of the facility description report for thesteam cooling only tests including the data uncertainty andqualification shall be sumbmitted within 6 months of thecompletion of the test series.

5. All of the qualified test data shall be provided in CDs in the NRC databank format within one month after the last valid test.

6. A Test Data and Analysis Report on the steam cooling only testsshall be submitted within one year after the completion of the testseries.

Optional Task 3. - Second Option Period

1. A test matrix for high temperature reflood tests shall besubmitted within 3 months after the respective option isexercised.

2. -A test procedure for high temperature reflood testsshall be submitted within 3 months after the respective optionis exercised.

3. A quick look report for each valid high temperature reflood testshall be submitted within one month after each test.

4. An updated version of the facility description report for thehigh temperature reflood tests including the data uncertainty andqualification shall be sumbmitted within 6 months of thecompletion of the test series.

5. All of the qualified test data shall be provided in CDs in theNRC data bank format within one month after the last valid test.

6. A Test Data and Analysis Report 6n the high temperature refloodtests shall be submitted within one year after the completion ofthe test series.

Optional Task 4 - Second Option Period

F-

RC-04-04-063 SECTION F

1. A Final Test Analysis Report which covers all the experiments andthe associated analysis from the RBHT program shall be submittedto the NRC. The emphasis shall be on the key findings of the programwhich would support the NRC code development and assessment efforts.This report shall be submitted to the NRC as a NUREG/CR report 6 monthsafter the exercise of the option.

2. A final RBHT Test Facility Description Report shall be an integratedreport which describes the facility description for each of thedifferent test series which were performed at the facility. The reportshall support the Final Test Data and Analysis Report for the RBHTProgram and provide documentation for the facility in one single report.This report shall be submitted to the NRC as a NUREG/CR report6 months after the exercise of the option.

F-5

NRC-04-04-063 SECTION G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 2052.215-71 PROJECT OCER AUThORITY

(a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:

Name: Gene Rhee

Address: U.S. Nuclear Regulatory CommissionOffice of Nuclear Regulatory ResearchMail Stop T 1OK8Washington, DC 20555

Telephone Number: 301-415-6489

(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, authorizes travelwhich was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work or changes to specifictravel identified in the Statement of Work), fills in details, or otherwise serves to accomplish the contractual statement ofvork.

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

(3) Review and, where required by the contract approval of technical reports, drawings, specifications, and technicalinformation 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 nothave the authority to and may not issue any technical direction which:

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

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

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

(d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officer inwriting within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to thecontracting officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel, which has received finalapproval from the NRC must be furnished to the contracting officer.

*G-l

*NRC-04-04-063 SECTION G

(e) The contractor shall proceed promptly with the performance of tecinical directions duly issued by the project officer inthe 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 thecategories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officerin writing within five (5) working days after the receipt of any instruction or direction and shall request the contractingofficer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shallissue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, thetechnical 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 thecontractor'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 takenwith respect thereto is subject to 52.233-1 - Disputes.

(i) In addition to providing technical direction as defined in paragraph (b) of the section, the project officer shall:

(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recommendto the contracting officer changes in requirements.-

(2) Assist the contractor in the resolution of technical problems encountered during performance.

(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officerrecommendations for approval, disapproval, or suspension of payment for supplies and services required under thiscontract.

(4) Assist the contractor in obtaining the badges for the contractor personnel.

(5) Immediately notify the Personnel Security Branch, Division of Facilities and Security (PERSECIDFS) (via e-mail)when a contractor employee no longer requires access authorization and return the individual's badge to PERSECIDFSwithin three days after their termination.

G.2 2052.215-77 TRAVE L AIPPROVALS AND REIMJBURSEMENT (OCT 1999)

(a) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval of OfficialForeign Travel, and must be in compliance with FAR 52.247-63 Preference for U.S. Flag Air Carriers. The contractorshall submit NRC Form 445 to the NRC no later than 30 days before beginning travel.

(b) The contractor must receive written approval from the NRC Project Officer before taking travel that wasunanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work, or changes to specific travel identifiedin the Statement of Work).

(c) The contractor wvill be reimbursed only for those travel costs incurred that are directly related to this contract and areallowable subject to the limitations prescribed in FAR 31.205-46.

(d) It is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations of Costclause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor to exceed the

G-2

WKL-UU 6o6 SLCTON G

estimated costs specified in the Schedule.

(e) Reasonable travel costs for research and related activities performed at State and nonprofit institutions, in accordancewith Section 12 of Pub. L. 100-679, shall be charged in accordance with the contractor's institutional policy to the degreethat the limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidancedocuments include OMB Circular A-87, Cost Principles for.State and Local Governments; OMB Circular A-12, CostPrinciples for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.

G.3 2052.216-71 INDIRECT COST RATES-ALTERNATE 1 (JAN 1993)

The contractor is reimbursed for allowable indirect costs in accordance with the following predetermined rates:

INDIRECT COST POOL RATE BASE PERIOD

Fringe BenefitsSalaries (Category I)Graduate Assistants (Category IIWages (Category III)

Modified Direct Costs (MTDC) I(On-Campus Research)

..Effective date - 6/30/04Effective date - 6/30/04

. Effective date - 6/30/04

Effective date - 6/30/04_ -

G-3

NRC-94-04-063 SECTION H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

I 1 2052.242-70 RESOLVING NRC CONTRACTOR DIFERING PROFESSIONAL VIEWS(DPVS) (OCT 1999)

(a) The Nuclear Regulatory Commission's (NRC) policy is to support the contractor's expression of professional healthand safety related concerns associated with the contractor's work for NRC that may differ from a prevailing NRC staffview, disagree with an NRC decision or policy position, or take issue with proposed or established agency practices. Anoccasion may arise when an NRC contractor, contractor's personnel, or subcontractor personnel believes that aconscientious expression of a competent judgement is required to document such concerns on matters directly associatedwith its performance of the contract. The NRC's policy is to support these instances as Differing Professional Views(DPVs).

(b) The procedure that will be used provides for the expression and resolution of differing professional views (DPVs) ofhealth and safety related concerns associated with the mission of the agency by NRC contractors, contractor personnel orsubcontractor personnel on matters directly associated with its performance of the contract. This procedure may be foundin Attachments to this document. The contractor shall provide a copy of the NRC DPV procedure to all of its employeesperforming under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to itsemployees. The prime contractor or subcontractor shall submit all DPVs received but need not endorse them.

H.2 2052.242-71 PROCEDURES FOR RESOLVING NRC CONTRACTORDIFFERING PROFESSIONAL VIEWS (DPVS) (OCT 1999)

(a). The following procedure provides for the expression and resolution of differing professional views (DPVs) of healthand safety related concerns of NRC contractors and contractor personnel on matters connected to the subject of thecontract. Subcontractor DPVs must be submitted through the prime contractor. The prime contractor or subcontractorshall submit all DPVs received but need not endorse them.

(b) The NRC may authorize up to eight reimbursable hours for the contractor to document, in writing, a DPV by thecontractor, the contractor's personnel, or subcontractor personnel. The contractor shall not be entitled to any compensationfor effort on a DPV which exceeds the specified eight hour limit.

(c) Before incurring costs to document a DPV, the contractor shall first determine whether there are sufficient findsobligated under the contract which arc available to cover the costs of writing a DPV. If there are insufficient obligatedfunds under the contract, the contractor shall first request the-NRC contracting officer for additional funding to cover thecosts of preparing the DPV and authorization to proceed.

(d) Contract funds shall not be authorized to document an allegation where the use of this NRC contractor DPV processis inappropriate. Examples of such instances are: allegations of wrongdoing which should be addressed directly to theNRC Office of the Inspector General (OIG), issues submitted anonymously, or issues raised which have already beenconsidered, addressed, or rejected, absent significant new information. This procedure does not provide anonymity.Individuals dcsiring anonymity should contacttheNRC OIG or submitthe information underNRC's Allegation Program,as appropriate.

(e) When required, the contractor shall initiate the DPV process by submitting a written statement directly to the NRC

-H-I


* Office Director or Regional Administrator responsible for the contract, with a copy to the Contracting Officer, Division ofContracts and Property Management, Office of Administration. Each DPV submitted will be evaluated on its own merits.

(f) The DPV, while being brief, must contain the following as it relates to the subject matter of the contract:

(1) A summary of the prevailing NRC view, existing NRC decision or stated position, or the proposed or establishedNRC practice.

(2) A-description of the submitter's views and how they differ from any of the above items.

(3) The rationale for the submitter's views, including an assessment based on risk safety and cost benefit considerationsof the consequences should the submitter's position not be adopted by NRC.

(g) The Office Director or Regional Administrator will immediately forward the submittal to the NRC DPV Review Paneland acknowledge receipt of the DPV, ordinarily within five (5) calendar days of receipt.

(h) The panel will normally review the DPV within seven calendar days of receipt to determine whether enoughinformation has been supplied to undertake a detailed review of the issue. Typically, within 30 calendar days of receipt ofthe necessary information to begin a review, the panel will provide a written report of its findings to the Office Director orRegional Administrator and to the Contracting Officer, which includes a recommended course of action.

(i) The Office Director or Regional Administrator will consider the DPV Review Panel's report, make a decision on theDPV and provide a written decision to the contractor and the Contracting Officer normally within seven calendar days afterreceipt of the panel's recommendation.

(j) Subsequent to the decision made regarding the DPV Review Panel's report, a summary of the issue and its dispositionwill be included in the NRC Weekly Information Report submitted by the Office Director. The DPV file will be retained inthe Office or Region for a minimum of one year thereafter. For purposes of the contract, the DPV shall be considered adeliverable under the contract. Based upon the Office Director or Regional Administrator's report, the matter will beclosed.

HZ3 .2052.209-72 CONTRACLOR ORGANIZATIONAL CONFLICTS OFINTEREST (JAN 1993)

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor.

(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, orotherwise) which relate to the work under this contract; and

(2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR2009.570-2 in the activities covered by this clause.

(c) Work for others.

(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to foregoentering into consulting or other contractual arrangements with any firm or organization the result of which may give rise toa conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all

H-2

*NRC-04-04-0G3 SECTION H

employees under this contract abide by the provision of this clause. If the contractor has reason to believe, with respect toitself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization mayinvolve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before theexecution of such contractual arrangement.

(2) The contractor.may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRCaudit, inspection, or review where the activities that are the subject of the audit, inspection, or review are the same as orsubstantially similar to the services within the scope of this contract (or task order as appropriate) except where the NRClicensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or otherentity which NRC questions.

(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, thecontractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicantorganization for a period commencing with the award of the task order or beginning of work on the site (if not a task ordercontract) and ending one year after completion of all work under the associated task order, or last time at the site (if not atask order contract).

(4) When the contractor performs 'vwork 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 thetask order or the contract, as appropriate.

(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance ofthe task order or the contract, as appropriate, and for one year thereafter.

(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this typeof work (except work in the same or similar technical area) if the contracting officer determines that the situation will notpose 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,that 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 thiscontract, it shall make an immediate and full disclosure in writing to the contracting officer. Thi setatcment must include adescription of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRCmay, however, 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 ofactivities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed newwork involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, ifthis contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and discloseany new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal tothe utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in anyevent, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by thecontractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value ofthe proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utilityor other regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order whichincludes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical areaand, if site-specific, the site, or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.

(c) Access to and use of information.

H-3

NRC-04404-063 SECTION H

(1) If in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies,reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or theFreedom 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 thecompletion 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 theinformation to the public; or

(iv) Release the information without prior written approval by the contracting officer unless the information haspreviously 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 protectedby 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 contractorshall 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 itproduces 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 thisparagraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriatelymodified to preserve the Government's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of anyrelevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarilyimply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequentcontractual efforts, and pursue other remedies permitted by law or this contract.

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

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposalstherefor (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 technicalconsulting or management support services work or evaluation activities under this contract on any of its products orservices or the products or services of another firm if the contractor has been substantially involved in the development ormarketing of the products or services.

(1) If the contractor, under this contract, prepares a complete or essentially complete statement of work or specifications,the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement ofwork or specifications: The contractor may not incorporate its products or services in the statement of work orspecifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do notapply.

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

H4

NRC-G4-04-643 SECTION H

11.4 2052.215-70 KIEY PRSONNEL (JAN 1993)

(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 withparagraphs (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 thework than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officerand shall, subject to the con-currence of the contracting officer, promptly replace the personnel with personnel of at leastsubstantially equal ability and qualifications.

(c) Each request for approval of substitutions must be inwriting and contain a detailed explanation of the circumstancesnecessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute andother information requested or needed by the contracting officer to evaluate the proposed substitution. The contractingofficer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify thecontractor of his or her decision in writing.

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned,terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultantreduction of productive effort would be so substantial as to impair the successful completion of the contract or the serviceorder, the contract may be terminated by the contracting officer for default or for the convenience of the Government, asappropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may beequitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

115 2052.235-70 PUBLICATION OF IRESEARCH RESULTS (OCT 1999)

(a) The principal investigator(s)/contractor shall comply with the provisions of NRC Management Directive 3.8 (Vol. 3,Part 1) and NRC Handbook 3.8 (Parts I-IV) regarding publication in refereed scientific and engineering journals ordissemination to the public of any information, oral or written, concerning the work- performed under this contract. Failureto comply with this clause shall be grounds for termination of this contract.

(b) The principal investigator(s)1contractor may publish the results of this work in refereed scientific and engineeringjournals or in open literature and present papers at public or association meetings at interim stages of work, in addition tosubmitting to NRC the final reports and other deliverables required under this contract. However, such publication andpapers shall focus on advances in science and technology and minimize conclusions and/or recommendations which mayhave regulatory implications.

(c) The principal investigator(s) shall coordinate all such publications with, and transmit a copy of the proposed article orpaper to, the NRtC C6ntmcting Officer or Project Officer, prior to publication. The NRC agrees to review and providecomments within thirty (30) days'after receipt of a proposed publication. However, in those cases where the information to

H-S

*,NRC4-04-063 SECTION H

be published is (1) subject to Commission approval, (2) has not been ruled upon, or (3) disapproved by the Commission, theNRC reserves the right to disapprove or delay the publication. Further, if the NRC disagrees with the proposed publicationfor any reason, it reserves the right to require that any publication not identify the NRC's sponsorship of the work and thatany associated publication costs shall be borne by the contractor.

1.6 2052.235-71 SAFETY, HEALTH, AND FIRE PROTECMION(JAN 1993)

The contractor shall take all reasonable precautions in the performance of the work under this contract to protect thehealth and safety of its employees and of mem~bers of the public, including NRC employees and contractor personnel, and tominimize danger from all hazards to life and property. The contractor shall comply with all applicable health, safety, andfire protection regulations and requirenients (including reporting requirements) of the Commission and the Department of

'Labor. If the contractor fails to comply with these regulations or requirements, the contracting office may, withoutprejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work.Thereafter, a start work order fbr resumption of work may be issued at the discretion of the contracting officer. Thecontractor may not make a claim for an extension of time or for compensation or damages by reason of, or in connectionwith, this type of work stoppage.

1E.7 SEAT BELTS

Contractors, subcontractors, and grantees, are encouraged to adopt and enforce on-the-job seat belt policies and programsfor their employees when operating company-owned, rented, or personally owned vehicles.

11L8 ANNUAL AND MiNAL CONTRACTOR PE RFORMANCE EVALUATIONS

Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR42.15, "Contractor Performance Information," normally at the time the contractor is notified of the NRC's intent to exercisethe contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared (statetime for annual evaluation). Final evaluations of contractor performance will be prepared at the expiration of the contractduring the contract closeout process.

The Contracting Officer will transmit the NRC Project Officer's annual and final contractor performance evaluations tothe contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty daysto review the document. The contractor may concur without comment, submit additional information, or request a meetingto discuss the performance evaluation. The Contracting Officer may request the contractor's Project Manger to attend ameeting to discuss the performance evaluation.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer willconsider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding aperformance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will befinal.

The Contracting Officer will send a copy of the completed evaluation report, marked "For Official Use Only," to thecontractor's Project Manager for their records as soon as practicable after it has been finalized. The completed evaluationreport also will be used as a tool to improve communications between the NRC and the contractor and to improve contract

H-6

* ,NRC-04-04-063 SECTION H

performance.

The completed annual performance evaluation will be used to support future award decisions in accordance with FAR42.1502(a) and 42.1503(c). During the period the information is being used to provide source selection information, thecompleted annual performance evaluation will be released to only two parties.- the Federal government personnelperforming the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of thereport already.

H1.9 CONTRACTOR ACQUIRED GOVERNMENT EQUIEPlMENTIPROPERTY(DEC 1995)

(a) Under Contract No. NRC-04-98-041, the Contractor was authorized to acquire and/or fabricate the "Rod Bundle TestFacility' for use in the performance of that contract.

(b) Under Contract No. NRC-04-03-059, the Contractor utilized the existing rod bundle test facility to perform a service ofadditional testing, such as steam-water interfacial drag tests.

(c) NRC and Contractor (Pennsylvania State University a.ka. Penn State) has joint ownership of the Rod Bundle TestFacility developed under Contract No. NRC-04-98-041, in accordance with the following provisions:

(i) The Rod Bundle Test Facility will be used exclusively for conducting Phase 3 of the research program, and it will not bephysically removed from Penn State University throughout the duration of the contract.

(ii) Any third parties who wish to use the Test Facility during the duration of the contract shall require prior approval fromboth Penn State and the NRC.

(iii) When the test facility is no longer of further usage by the Government, in accordance with FAR Clause 52.245-5,"GOVERNMENT PROPERTY (COST REIMBURSEMENT, TIME AND MATERIAL, OR LABOR HOURCONTRACTS), ALTERNATE I (JUL 1985)," paragraph (c)(4), title to equipment and all personal property shall bestwith Penn State; however Penn State agrees that no charge shall be made to the Government for any depreciation,amoritization, or use under any existing or future Government contracts or subcontracts thereunder.

(iv) Penn State shall provide the NRC with a list of all equipment to which tite has been vested within 10 days aftertheend of the calendar quarter during which the equipment was received.

(d) Under this contract, the Contractor is authorized to acquire and/or fabricate the equipment/property listed below for usein the performance of this contract.

Items/equipment which will be used during the test series as well as for hardware and expendable items which will needreplacement during testing. (For specifics reference is made to an e-mail dated 3/11/04).

(e) In the event that, during contract performance, the contractor determines that the acquisition cost for the above item(s) isexpected to exceed the amount(s) contained in the contractor's proposal, the contractor shall refer to the Limitation of Costor Funds Clause when either is included in the contract.

(f) Only the equipment/property listed above, in the quantities shown, will be acquired by the contractor. Additionalequipment/property valued at $500 or more may be acquired only after contracting officer approval is authorized by anamendment to this clause. The above listed equipment/property is subject to the provisions of the "Government Property"clause.

H-7


H.10 COMPLIANCE WlMi U.S. IMMIGRATION LAWS AND RE, GULATIONS

NRC contractors are responsible to ensure that their alien personnel are not in violation of United States Immigration andNaturalization (INS) laws and regulations, including employment authorization documents and visa requirements. Eachalien employee of the Contractor must be lawfully admitted for permanent residence as evidenced by Alien RegistrationReceipt Card Form 1-151 or must present other evidence from the Immigration and Naturalization Services thatemployment will not affect his/her immigration status. The INS Office of Business Liaison (OBL) provides information tocontractors to help them understand the employment eligibility verification process for non-US citizens. This informationcan be found on the INS website, http:I/www.ins.usdoj.gov/graphics/services/employerinfo/idexhtm#obl.

The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or its equipmentlservices,and/or take any number of contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractorviolate the Contractors responsibility under this clause.

(End of Clause)

H-8

NRC-04-04-063 SECTION I

PART - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE



52.202-152.203-352.203-552.203-6

52.203-7 -52.203-8

52.203-10

52.203-12

52.204-4

52.204-7

52.209-6

52.215-2

52.215-8

52.215-10

52.215-1252.215-15

52.215-18

52.215-19

DEFINITIONSGRATUITIESCOVENANT AGAINST CONTINGENT FEESRESTRICTIONS ON SUBCONTRACTOR SALES TOTHE GOVERNMENTANTI-KICKBACK PROCEDURESCANCELLATION, RESCISSION, AND RECOVERYOF FUNDS FOR ILLEGAL OR IMPROPERACTIVITYPRICE OR FEE ADJUSTMENT FOR ILLEGAL ORIMPROPER ACTIVITYLIMITATION ON PAYMENTS TO INFLUENCECERTAIN FEDERAL TRANSACTIONSPRINTED OR COPIED DOUBLE-SIDEDON RECYCLED PAPERCENTRAL CONTRACTOR REGISTRATION (OCT2003)PROTECTING THE GOVERNMENTS INTERESTWHEN SUBCONTRACTING WITH CONTRACTORSDEBARRED, SUSPENDED, OR PROPOSED FORDEBARMENTAUDIT AND RECORDS-NEGOTIATIONALTERNATE II (APR 1998)ORDER OF PRECEDENCE-UNIFORM CONTRACTFORMATPRICE REDUCTION FOR DEFECTIVE COST ORPRICING DATASUBCONTRACTOR COST OR PRICING DATAPENSION ADJUSTMENTS AND ASSET REVERSIONS(JAN 2004)REVERSION OR ADJUSTMENT OF PLANS FORPOSTREJREMENT BENEFITS OTHER THANPENSIONS (PRB)NOTIFICATION OF OWNERSHIP CHANGES

DEC 2001APR 1984APR 1984JUL 1995

JUL 1995JAN 1997

JAN 1997

JUN 2003

AUG 2000

OCT 2003

JUL 1995

JUN 1999

OCT 1997

OCT 1997

OCT 1997JAN 2004

OCT 1997

OCT 1997

1-1


52.216-1152.216-1552.219-852.219-9

52.219-16

52.222-352.222-2152.222-2652.222-35

52.222-36

52.222-37

52.222-38

52.223-652.225-13

52.227-1

52.227-2

52.227-11

52.227-1452.227-1652.228-752.230-5.

52.230-6

52.232-2052.232-2252.232-2352.233-152.233-3

52.242-152.242-352.242-1352.243-2

52.244-2

52.244-552.246-23-52.246-2552.249-5

COST CONTRACT-NO FEEPREDETERMINED INDIRECT COST RATESUTILIZATION OF SMALL BUSINESS CONCERNSSMALL BUSINESS SUBCONTRACTING PLANALTERNATE H (OCT 2001)LIQUIDATED DAMAGES-SMALL BUSINESSSUBCONTRACTING PLANCONVICT LABORPROHIBITION OF SEGREGATED FACILITiESEQUAL OPPORTUNITYEQUAL OPPORTUNITY FOR SPECIAL DISABLEDVETERANS, OF THE VIETNAM ERA, AND OTHERELIGIBLE VETERANSAFFIRMATIVE ACTION FOR WORKERS WITHDISABILITIESEMPLOYMENT REPORTS ON SPECIAL DISABLEDVETERANS, VETERANS OF THE VIETNAM ERA,AND OTHER ELIGIBLE VETERANSCOMPLIANCE WITH VETERANS' EMPLOYMENTREPORTING REQUIREMENTSDRUG-FREE WORKPLACERESTRICTIONS ON CERTAIN FOREIGNPURCHASESAUTHORIZATION AND CONSENTALTERNATE I (APR 1984)NOTICE AND ASSISTANCE REGARDING PATENTAND COPYRIGHT INFRINGEMENTPATENT RIGHTS - RETENTION BY THECONTRACTOR (SHORT FORM)RIGHTS IN DATA-GENERALADDITIONAL DATA REQUIREMENTSINSURANCE-LIABILITY TO THIRD PERSONSCOST ACCOUNTING STANDARDS-EDUCATIONALINSTITUTIONADMINISTRATION OF COST ACCOUNTINGSTANDARDSLIMITATION OF COSTLIMITATION OF FUNDS.ASSIGNMENT OF CLAIMSDISPUTESPROTEST AFTER AWARDALTERNATE I (JUN 1985)NOTICE OF INTENT TO DISALLOW COSTSPENALTIES FOR UNALLOWABLE COSTSBANKRUPTCYCHANGES-COST REIMBURSEMENTALTERNATE V (APR 1984)SUBCONTRACTSALTERNATE II (AUG 1998)COMPETllTION IN SUBCONTRACTINGLIMITATION OF LIABILITYLIMITATION OF LIABIrIMY-SERVICESTERMINATION FOR CONVENIENCE OF THE

APR 1984APR 1998OCT 2000JAN 2002

JAN 1999

JUN 2003FEB 1999APR2002DEC 2001

JUN 1998

DEC 2001

DEC 2001

MAY 2001DEC 2003

JUL 1995

AUG 1996

JUN 1997

JUN 1987JUN 1987MAR 1996APR 1996

NOV 1999

APR 1984APR 1984JAN 1986JUL 2002AUG 1996

APR 1984MAY 2001JUL 1995AUG 1987

AUG 1998

DEC 1996FEB 1997FEB 1997SEP 1996

1-2.

.NRC-04-04-063 SECTION I

GOVERNMENT (EDUCATIONAL AND OTHERNONPROFIT INSTITUIONS)

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER(OCT 2003)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS"or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the offeror's name and address exactly asstated in the offer. The DUNS number is a nine-dikit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is theDUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCRrecords for identifying alternative Electronic Funds Transfer (EFI) accounts (see Subpart 32.11) for the same parentconcern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

*(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet athttp://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dan and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

1.3 52.216-7 ALLOWABLE COST AND PAYMENT (DEC 2002)

(a) Invoicing. (1) The Government will make payments to tie Contractor when requested as work progresses, but (except

1-3

NRC--04-063 SSECTION I

for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by theContracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.3 in effect on the date of thiscontract and the terms of this contract. The Contractor may submit to an authorized representative of the ContractingOfficer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by astatement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interimpayments made prior to the final payment under the contract are contract financing payments, except interim payments ifthiscontract contains Alternate I to the'clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the day after the designatedbilling office receives a proper payment request.

In the event that theoGovermment requires an audit or other review of a specific payment request to ensure compliancewith the terms and conditions of the contract, the designated payment office is not compelled to make payment by thespecified due date.

(b) Rcimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of theclause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), 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, orother 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) Supplies and services purchased directly for the contract and associated financing payments to subcontractors,provided payments determined due will be made-

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

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

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposesof obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment tosubcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period

14

NRC-C4--063 SECTION I

(any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

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

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

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

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

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizantFederal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years.Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted inwriting by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriateGovernment representative and the Contractor shall establish the final indirect cost rates as promptly as practical afterreceipt of the Contractor's proposal.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth thefinal indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases towhich the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costsin the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special termsand the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific costallowance or disalloance provided for in this contract. The understanding is incorporated into this contract uponexecution.

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

(5)Within 120 days (or.longer period if approved in .vriting bythe Contracting Officer) aftcr scttlcment of the finalannual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice orvoucher to reflect the settled amounts and mtes.

(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) ofthis clause, the Contracting Officer may-

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse theContractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor),subject to adjustment'when the final rates are established. These billing rates-

(1) Shall be the anticipated final rates; and

1-5

NRC-044-063 SECTION I

*(2) May be prospectively or retroactively revised by mutual agreement, at either partys request, to prevent substantialoverpayment or underpayment.

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) aresatisfied.

(g) Audit. At any' time or times before final payment, the Contracting Officer may have the Contractor's invoices orvouchers and statements of cost audited. Any payment maybe (1) reduced by amounts found by the Contracting Officernot to constitute allowable costs or (2) adjusted for prior overpayments or underpayments.

(h) Finil payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance withparagraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shallpromptly 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 properlyallocable to costs for Which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by theContractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the ContractingOfficer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at thetime of final payment shall execute and deliver-

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refuinds, rebates,credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractorhas beenreimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claimsarising out of or under this contract, except-

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arisingout of the performance of this contract; provided, that the claims are not known to the Contractor on'the date of theexecution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6years 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 thepatent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of theGovernment against patent liability.

L4 52.217-9 OPTION TO EXTE ND TIE1 TERM OF THE CONTRACT(MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided thatthe Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contractexpires. 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 clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4.5 years.

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*NRC-04_04-063 SECTION I

L5 52.232-25 PROMPT PAYMENT (OCT 2003)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the termsand conditions specified in this clause. The Government considers payment as being made on the day a check is dated or thedate of an electronic funds transfer (EFI). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified.(However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments-

(1) Due-date.

(i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by thedesignated payment office is the later of the following two events:

(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as providedin paragraph (a)(1)(ii) of this clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, whenthe payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of thecontract settlement.

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, theinvoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing officereceives a proper invoice and there is no disagreenent over quantity, quality, or Contractor compliance with contractrequirements.

(2) Certain food products and other payments.

(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; anddairy products; edible fats or oils, and food products prepared from edible fats or oils are-

.(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C.182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultrymeat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day afterproduct delivery.

(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C.4003(3)), as close as possible to, but not later than, the 7th day after product delivery.

(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Actof 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless anotherdate is specified in the contract.

(D) For dairy products, as defined in sectioni 111 (e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C.4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than,the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheeseproducts, butter, yogurt, ice cream; mayonnaise, salad dressings, and other similar products, fall within this classification.Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper

1-7

NRC-04-043 SECTION I

classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date.The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractormaking the representation.

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due datewill be as specified in the contract.

(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in thecontract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If theinvoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats oroils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Governmentwill take into account untimely notification when computing any interest penalty owed the Contractor.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailingor transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number andcontract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Billof lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract orin a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defectiveinvoice.

(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TN on the invoice only if requiredelsewhere in this contract.

(ix) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, theContractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision(e.g., 52.232- 38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33,Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic FundsTransfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request firom theContractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of thisclause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated

1-8

-NRC-04-04-063 SECTION I

payment office may make payment on the following working day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice.

(ii) The Government processed a receiving report or other Government documentation authorizing payment, and therewas no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or servicesperformed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of.Management and Budget prompt payment regulations at 5 CFR part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance isdeemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers thesupplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreementover quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within theconstructive acceptance period, the Government will base the determination of an interest penalty on the actual date ofacceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies orservices, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The prompt payment regulations at 5 CFR 1315.1 0(c) do not require the Government to pay interest penalties ifpayment delays are due to disagreement between the Government and the Contractor over the payment amount or otherissues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of thecontract. .The Government and the Contractor shall resolve claims involving disputes and any interest that may be payablein accordance with the clause at FAR 52.233-1, Disputes.

(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, withoutrequest from the Contractor, if the Government takes a discount for prompt payment improperly. The Government willcalculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.

(7) Additional interest penalty.

(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt paymentregulations at 5 CFR part 1315 in addition to the interest penalty amount only if-

(A) The Government owes an interest penalty of $1 or more;

(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount ispaid; and

(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, inaccordance with paragraph (a)(7)(iH) of this clause, postmarked not later than 40 days after the invoice amount is paid.

(ii)(A) The Contractor shall support written demands for additional penalty payments with the following data. TheGovernment will not request any additional data. The Contractor shall-

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overduelate payment interest penalty and such additional penalty as may be required;

(2) Attach a copy of the invoice on which the unpaid late payment interest is due; and

(3) State that payment of the principal has been received, including the date of receipt.

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- . NRC-0O-04-063 SECTION I

(B) If there is no postmark or the postmark is illegible-

(1) The designated payment office that receives the demand will annotate it with the date of receipt, provided thedemand is received on or before the 40th day after payment was made; or

(2) If the designated payment office fails to make the required annotation, the Government will determine thedemand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40thday after payment was made.

(iii) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments underutility contracts subject to tariffs and regulation).

(b)-Contract financing payment. If this contract provides for contract financing, the Government will make contractfinancing payments in accordance with the applicable contract financing clause.

(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, paymentswill be made within 15 days after the date of receipt of the invoice.

(d) Overpayments. If'the Contractor becomes aware of a duplicate contract financing or invoice payment or that theGovernment has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify theContracting Officer and request instructions for disposition bf the overpayment.

L6 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRALCONTRACTOR REGISTRATION (OCT 2003)

(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer(EFI), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the fundstransfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment byEFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT informationcontained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, theContractor shall be responsible for providing the updated information to the CCR database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated ClearingHouse (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire TransferSystem. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Governmentneed not make payment to the Contractor under this contract until correct EFT information is cnter&d into the CCRdatabase; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of promptpayment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delaysin accrual of interest penalties apply.

1-10


(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because theGovernment used the Contractor's EFIT information incorrectly, the Government remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or wasrevised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System,and-

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made paymentand the Contractor is responsible for recovery of any erroneously directed funds; or

';(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and theprovisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed io have been made in a timely manner in accordance with theprompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal ReserveSystem, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specifiedpayment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignmentof claims terms cf this contract, the Contractor shall require as a condition of any such assignment, that the assignee shallregister separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause.Notwithstaniding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or afinancial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In allrespects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that showsthe ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claimsacceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting fromchanges to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment informationthat is suitable for transmission as of the date of release of the EFI instruction to the Federal Reserve System. TheGovernment may request the Contractor to designate a desired format and method(s) for delivery of payment informationfrom a list of formats and methods the payment office is capable of executing. However, the Government does not guaranteethat any particular format or method of delivery is available at any particular payment office and retains the latitude to usethe format and delivery method most convenient to the Government. If the Government makes payment by check inaccordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance addresscontained in the CCR database.

L7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

1-11

kNRCO4O4-063 SECTION I

text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessedelectronically at this/these address(es):

www.arnet.gov -

1-12

, NRC-0A4O4.063 SECTION J

PART m - LIST OF DOCUMENTS, EXHBITS AND OTHER ATTACHMENTS

SECTION J - IST OF ATTACHMENTS

ATTsACHMENTNUMBER

NO.PAGESDATE

J.1

J.2

J.3

3.4

STATEMENT OF WORK

NRC HANDBOOK 3.8

CONTRACTOR SPENDING PLAN (CSP)

BILLING INSTRUCTIONS - COST REIMBURSEMENT

J-1

Attachment J.1

Statement of WorkRES-04-063

Title: Rod Bundle Heat Transfer Test Program - Phase 3

I. BACKGROUND

This is follow-on work to Contract Number NRC-04-98-041 entitled "Rod Bundle Heat Transfer(RBHT)- and a companion program to Contract Number NRC-04-03-059 entitled "Rod BundleHeat Transfer Test Program, Phase 2. Under Contract No. NRC-04-98-041, the PennsylvaniaState University (PSU) constructed a 7x7 rod bundle test facility and conducted about 30reflood tests, and under Contract No. NRC-04-03-059 PSU conducted over 45 two phaseinterfacial drag tests and is in the process of qualifying the data. However, in order to developa good reflood model for the NRC's consolidated thermal hydraulic code TRACE, we need tohave more reflood data covering a wider range of test parameters, particularly hightemperatures, as well as some closely related data such as steam cooling tests with andwithout liquid droplet injections. Therefore, a new contract with PSU is required.

II. OBJECTIVE

The objective of this contract is to conduct a series of steam cooling tests without liquid dropletinjections for the first year. If the first option period is exercised for the subsequent two years,the contractor shall conduct a series of steam cooling tests with liquid droplet injections. If thesecond option period is exercised, the contractor shall conduct additional reflood tests in theexisting rod bundle test facility located in PSU and shall prepare a final data analysis reportcovering the entire RBHT test program (phases 1, 2, and 3).

Ill. SCOPE OF WORK

The contractor shall perform Task 1, as described below, for the first year using the existingrod bundle test facility at the Pennsylvania State University. Tasks 2 and 3, as describedbelow, present optional test candidates for the second through fourth years. Task 4 is set upunder the second option for preparing a final data analysis report covering the entire RBHTtest program (phases 1, 2, and 3). Prior to performing each test, test conditions for each testand a typical test procedure must be approved by'the NRC. In addition, the test data must bequalified aftet each test per the NRC-approved qualification procedure. The test data shall bestored on CDs in the NRC data bank format and sent to NRC along with a data transmittalletter report. Adequate contingencies for hardware failure shall be included in the costestimate.

BASE PERIOD

Task 1. Steam Coolinn Tests without Uquid Droplet Iniections

The contractor shall:

1. develop and submit to NRC for approval a test matrix for 10 steam cooling tests withoutliquid droplet injections by varying pressure and vapor Reynolds numbers. The power

-2- RES-04-063

should be adjusted to make temperature differences between wall and vapor largeenough and to keep vapor temperatures and wall temperatures below the limit.

2. prepare and submit to NRC for approval a test procedure.

3. conduct 10 steam cooling tests without liquid droplet injections.

4. prepare and submit to NRC for approval a data qualification procedure.

5. qualify the data to assure that they are self-consistent and reliable.

6. prepare and submit to NRC a quick-look report after each test.

7. analyze and correlate test data.

8. prepare a test data and analysis report.

The data and calculated quantities shall be stored on CDs and sent to NRC along with a datatransmittal letter report.

Estimated Level of Effort: 20 man-months

OPTIONAL TASKS

First Option Period

Task 2. Steam Cooling Tests with Liguid Droplet Injections

If the first option is exercised, the contractor shall:

1. develop and submit to NRC for approval a test matrix for 24 steam cooling tests withliquid droplet injections by varying pressure, flow rate, and the droplet diameter.


3. conduct 24 steam cooling tests with liquid droplet injections.



6. prepare and submit to NRC a quick-look report after each test.





-3- RES-04-063

Second Option Period

Task 3. -Bottom Reflood Tests

If the second option is exercised, the contractor shall:

1. develop and submit to NRC for approval a test matrix for 10 bottom reflood tests byvarying pressures, liquid flow rate, and liquid subcooling. In formulating test conditions,the tests already conducted should be taken into account.


3. conduct 10 reflood tests.



6. perform subchannel analyses to compute the following quantities:

a. Void fractions from the measured pressure drop data taking into considerationfrictional pressure losses due to spacer grids and the walls as well asacceleration losses,

b. Heat flux from the rods to the fluid at each thermocouple elevation,

c. Heat Transfer coefficient calculated at each thermocouple elevation,

d. Entrained drop diameters, distributions, and interfacial areas at the cameralocation,

*e. Liquid carry-over rates from the test vessel,

'. (Quench front location, velocity, and heat release,

9g. Housing heat release at each segment where the void fractions are calculated,

h. Bundle average equilibrium quality versus time at selected elevations.





Task 4 Final Data Analysis Report

-4 RES-04-063

If the second option is exercised, the contractor shall prepare a final test data analysis reportencompassing all of the tests conducted under the Rod Bundle Heat Transfer Test ProgramPhases 1, 2, and 3. This report should be published as a NUREG/CR report.


IV. REPORTING REQUIREMENTS

1. A quick look report shall be submitted to the NRC as soon as data are qualified aftereach test.

Due Date: Within one month after test completion.

2, A data report shall be prepared and peer reviewed for each test series before submittalto the NRC.

bue Date: Within three months after test completion.

3. .A test facility description report shall be updated, peer reviewed, and submitted.

Due Date: Within six months after initiation of test series.

4. A measurement uncertainty and data qualification report shall be prepared, peerreviewed and, submitted.

Due Date: Within six months after completion of test series.

5. A test data analysis report shall be prepared and peer reviewed for each test seriesbefore submittal to the NRC.

Due Date: Within one year after completion of test series.

6. A final test data and analysis report shall include all of the tests conducted under theRod Bundle Heat Transfer Test Program, Phases 1, 2, and 3.

Due Date: Within one year after completion of all test series.

PUBLICATIONS NOTE

NRC encourages the publication of the scientific results from NRC-sponsored programs inrefereed scientific and engineering journals as appropriate. If the contractor proposes topublish in the open literature or present the information at meeting in addition to submitting therequired technical reports, approval of the proposed article or presentation should be obtainedfrom the NRC Project Manager. The NRC Project Manager shall either approve the materialas submitted, approve it subject to NRC suggested revisions, or disapprove it. In any event,the NRC Project Manager may disapprove or delay presentation or publication of papers oninformation that is subject to Commission approval that has not been ruled upon or which hasbeen disapproved. Additional information regarding the publication of NRC sponsoredresearch is contained in NRC Management Directives 3.8, "Unclassified Contractor andGrantee Publications in the NUREG Series," and 3.9, ONRC Staff and Contractor Speeches,Papers, and Journal Articles on Regulatory and Technical Subjects.'

-5- RES-04-063

If the presentation or paper is in addition to the required technical reports and the NRC ProjectManager determines that it will benefit the NRC project, the Project Manager may authorizepayment of travel and publishing costs, if any, from the project funds. If the Project Managerdetermines that the article or presentation would not benefit the NRC project, the costsassociated with the preparation, presentation, or publication will be borne by the contractor.For any publication or presentations falling into this category, the NRC reserves the right torequire that such presentation or publication will not identify the NRC's sponsorship of thework.

NEW STANDARDS FOR CONTRACTORS WHO PREPARE NUREG-SERIESMANUSCRIPTS

The U.S. Nuclear Regulatory Commission (NRC) began to capture most of its official recordselectronically on January 1, 2000. The NRC will capture each final NUREG-series publicationin its native application. Therefore, commencing January 1, 2000, please submit your finalmanuscript that has been approved by your NRC Project Officer in both electronic andcamera-ready copy.

All format guidance, as specified in NUREG-0650, Revision 2, will remain the same with oneexception. You will no longer be required to include the NUREG-series designator on thebottom of each page of the manuscript. The NRC will assign this designator when we send thecamera-ready copy to the printer and will place the designator on the cover, title page, andspine. The designator for each report will no longer be assigned when the decision to preparea publication is made. The NRC's Publishing Services Branch will inform the NRC ProjectOfficer for the publication of the assigned designator when the final manuscript is sent to theprinter.

For the electronic manuscript, prepare the text in WordPerfect 8, and use any of the followingfile types for charts, spreadsheets, and the like.

File Types to be Used for NUREG-Series Publications

File Type - File Extension

WordPerfectO.wpd

MicrosoftO PowerPointO.ppt

Corel® QuattroPro® wb3

Corel® Presentations .shw

Lotus® 1-2-3 .wk4

Portable Document Format .pdf

This list is subject to change if new software packages come into common use at NRC or byour licensees or other stakeholders that participate in the electronic submission process. If aportion of your manuscript is from another source and you cannot obtain an acceptableelectronic file type for this portion (e.g., an appendix from an old publication), the NRC can, ifnecessary, create a tagged image file format (file extension.tif) for that portion of your report.

-6- RES-04-063

Note that you should continue to submit original photographs, which will be scanned, sincedigitized photographs do not print well.

If you chobse to publish a compact disk (CD) of your publication, place on the CD copies of themanuscript in both (1) a portable document format (PDF); (2) a WordPerfect 8/9 file format,

* and (3) an Adobe Acrobat Reader, or, altematively, print instructions for obtaining a free copyof Adobe Acrobat Reader on the back cover insert of the jewel box.

V. MEETINGS AND TRAVEL REQUIREMENTS

Base Period: One two-day trip to the NRC by two people is anticipated for a program reviewand ACRS presentations. Travel for the base period shall not exceed $1,950.

First Option Period: Two two-day trips to the NRC by two people are anticipated for a programreview and ACRS presentations. Travel for the first option period shall not exceed $3,900.

Second Option Period: Two two-day trips to the NRC by two people are anticipated for aprogram review and ACRS presentations. Travel for the second option period shall not exceed$3,900.

- T ;

CONTRACTOR SPENDING PLAN - INSTRUCTIONS

The Contractor Spending Plan (CSP) is an important tool for projecting and tracking contractcosts and progress each task under the contract.

Applicabilt

The Nuclear Regulatory Commission (NRC) requires that the CSP be completed for costreimbursement contracts when the award amount is expected to exceed $100,000 and theperiod of performance is expected to exceed 6 months. For task order type contracts, a CSPis required when an individual cost reimbursement task order is expected to exceed the abovethresholds. When contract or task order modification increases the contract or task orderamount of a cost reimbursement contract or task order to over $100,000 and the period ofperformance from the effective date of the modification to the contract or task order expirationexceeds 6 months, a CSP is required for all contract work to be performed after the effectivedate of the modification.

Submission

1. A CSP is required:

a. as part of the cost proposal for a cost reimbursement contract or individual taskorder, or modification to a contract or task order which meets the abovethresholds;

b. as part of the Best and Final Offer (if requested) as a result of negotiations;

2. Updated CSP information is required on a monthly basis or as approved by the CO aspart of the OFinancial Status Report" (Ref: Section F.(fillin) , NFinancial Status Report").

Format

The attached CSP sample format may be duplicated and used by the Contractor, or modifiedto permit more accurate reporting or to meet other needs of the contractor. For instance, thesample format provides spaces to report projected costs for 12 months, but the contractor maywish to alter the sample format for shorter or longer contract/task order periods. Thecontractor may also wish to alter the sample format for ease of typing or automatedproduction. So long as complete information is provided on actual and projected costs oraccomplishments, changes to the format to improve relevance to the circumstances areencouraged.

It is up to the discretion of the offeror to determine the appropriate level of cost detail to bepresented based on the complexity of the effort. This plan reflects only the minimumrequirements for submission of cost details which will be considered for completeness,reasonableness, and as a measure of effective management of the effort. The ContractingOfficer reserves the right to request additional cost information, if deemed necessary.

CONTRACTOR SPENDING PLAN (CSP)

(TO BE COMPLETED AS A PART OF THE OFFEROR'S COST PROPOSAL FOR EACH COST REIMBURSEMENT CONTRACT OR INDIVIDUAL TASKORDER OR FOR ANY CONTRACT OR TASK ORDER MODIFICATION WHICH EXCEEDS $100,000 AND HAS A PERFORMANCE PERIOD EXCEEDING 6

MONTHS)

Solicitation No.Contract No.

Task Order No. Modification No.Offeror/Contractor Name:_

Period of Performance: From___

Total Estimated Costs (including fixed fee,if any) of the Proposed Contract/Task Order/Modification (to a contract or task order) atthe time of proposal submission.' Does notinclude options.

To

$

Provide cost details by month for the total contract/task order/or task order modification

Cost Elements 1st Month 2nd Month 3rd Month 4th Month 5th Month

Direct Costs $ $, $ $ $ -

Indirect Costs $ $ $ $ $ -

Total Estimated $ $ $ _ $ $ -Costs includingfixed feefif any

ProjectedCompletion % % %

6th Month

.$ -____

* $ _ _ _ _ _

Cost Elements

Direct Costs

Indirect Costs

Total EstimatedCosts includingfixed fee if any

7th Month

$-.

8th Month

$L-~$e$

9th Month

$_ '

$

$

10th Month

$

..11th Month

$

$

12th Month

$

$p

$

ProjectedCompletion

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