c.. .

5fAND A2D PORM 26. JULY 1963 Pact cPIt sinviCrs AComisrunCN AWARD / CONTRACT 1 5s !DehauCC. EEG. (e tcpanf 3 14.101

wartACT f f*-sc.1.ra ide.s.) NQ 2. Eff tCnvt Dart 3. EtcuisinCN/PURCHA58 RfCUESTMICJECT No. 4. CERnftED FC4 NAriCNAL O(FENsl UNCEt SQ$A

NRC-10-81-399 4/28/81 | RFPA No. ACM-81-399 SN,ANo,GeosuG.i.2

5. IS5UED SY CODE} e. ACsaNISTtiiED tv CODE | |T.CEUVERY(if esh,e sb.. bl.sh S) FCg Ctsrl.

U. S. Nuclear Regulatory Commission x NAnCNDivision of Contracts , , , . , , , , , ,

Washington, D. C. 20555 w;

e CONitACTCR CODE | | FACILITY CODE | 9. DISCOUNT PCR Ptds.FT P&Ys.gNT

NAME AND A00tE55

Nicholas H. Zumas Net 30r s,.e . .u,. 1140 Connecticut Avenue, N. W.-- s,.a,. Suite 505.ad ZIP and,)

Washington, D. C. 20036 io. suwT mvo,Cas r o,,, . .l , ,, . 7,'.spaped) TO AOCat15 $NowN IN 8 LOCK

II. SHIP IQ/MAaK PCR CODE | | '12 PAYMENT WILL BE MADE SY CODE |

U. S. Nuclear Regulatory Commission U. S. Nuclea. Regulatorv Commission.

ATTN: Paul E. Bird, Director. . Office of the Controller

.

Division of Organization & Personnel, ADM,dashington, D. C. 20500 I

Washington, D. C. 2055-a--

O 'o uSc 22e' t.a >is. xs noC:. e nNr wAs Aovinnsto. O ~econArio. .*suAur ro. -

4i ust 252 c.: 314. ACCOUNT!NG ANO APP 9CPTtAnCN QAIA

Appropriation No.. 31 X0200.401 B&R No. : 45-20-25-702 Amount: $1,750.00

13. 16. 87. 10. 19 20.if f 4 NO. SUPPu.$ / st aviCf3 Q U A Nf1TY UNIT UNIT PE!CI AMCUNT

Arbitration Hearing - Examine the Facts in anEmployee Grievance; Hold a Hearing, IncludingTaking of Testimony and Acceptance of Eviden-tiary Material; Make a Written Report with aFinal and Binding Decision Regarding Resolu- -

tion of the Grievance to the Director, Divisionof Organization and Pecsonnel .

.

!

2i. NOT TO EXCEED TOTAL MOUNT CP CCNTRACT SI,/30.CO

CONTRACTING OfflCER \t'!LL COAIPLETE BLOCK 22 OR 2G AS APPf2 CABLE24. AW AAD (C..traser as a r,9.ar,d s. s,g seis dw.m..d.) Y .w .d*22. Q CCNTRACTCt'$ NEGonAftD AGAf tMENT (C..srut.r as reg.er,4 s. ug*

3 4.,,,.,...,,o., C m. . N, , w .. ~<,d....,..d,..r.

...u.. or......u..,, . ...a ; . . o. ... . e.,a *'d.....a...a.........,...i.....,~..e..,.. .

.., . w .., a-io 4w . .a , . . . .. ... . ..w .

n .. . .a . . .e . . .. .. .. a 6. -. .a r i . . . . . ., . n - .e * . e.a .- . .- -.* **.a 6, . a . .. i., . .-.,.u . m = . .e .. o .. .a , ,.A.,.4 W %. .. t ..r*.d

r., .. ............3.n.....o....m.......,. .o.....,.-..w 6, ... . . 7gu. 4.u.n .= 1m,4 4,r,...; g,,w .

,

2 Name CP CNrsAct 4'

21. Ur.iTED ' Tarts AmanicA,

09 ! 4 f * /[ f {{ hD _l Y Uggis .,.. .7 . . ... fj 7 45.,, C -.~.. c".,

_

2*.Na-a No rrrts cP sicNr. e r,y y, .,, 2s eAre sicNo 23. NiNe C# xNr.1CnNo C..,CE. < r.n . n'..> 2' s' 5'c '' "

kh/[f[% .[-h Joyce Perlman gg....,...........u . . . . . . . . -

2,_,,,

8104150 W

re ,

NRC-10-81 -399Page 2 of 5

ARTICLE I - STATEMENT OF WORK

The Contractor, as Arbitrator, shall examine the facts in an employee griev-ance; hold hearings, including taking of testimony and acceptance of eviden-tiary material; and furnish a written report of findings and determinationsregarding resolutions of the grievance. The Arbitrator's decision is finaland binding for the NRC. The arbitration process is in accordance with pro-cedures described in The Interim Agreement Between NRC and the NationalTreasury Emoloyees Union (NTEU) Chaoter 208, July 5,1979.

1. General

The Arbitrator shall be responsible for:

examining all relevant facts of the grievance;a.4

b. hold hearings as appropriate;

c. keeping a record of examination; ~

d. making written findings of fact;

e. interpreting NRC regulations; and

f. furnishing a written decision which is final and binding on the NRC.In accordance with Article 2, Section 4 of the above Interim Agree-ment, "An Arbitrator will strive to issue a decision within fifteenIT57 workdays of the close of the record."

2. Conduct of Hearing

Any personaf presentations before the Arbitrator by the aggrieved employeeor by any other party shall be conducted in the form of a hearing. TheArbitrator shall conduct such hearings in accordance with the InterimAgreement. The Interim Agreement governs such matters as attendance,witnesses, presentation of evidence, and hearing records.

3. Written Report

-The Arbitrator's written report shall contain:a.

(i) statement of purpose of the examination;

(ii) issues considered;

(iii) analysis of evidence;J

*

(iv) findings of fact;

(v) conclusions; and

(vi) final decision.

. .- . _ . . - ~

,, .r

NRC-10-81-399Page 3 of 5

b. One (1) copy of the written report of findings and recommendationsof the Arbitrator shall be furnished to the U. S. Nuclear RegulatoryCommission, Director, Division of Organization and Personnel, Officeof Administraticn, Washington, D. C. 20555, within fifteen (15) work-days of the close of the record, if possible.

ARTICLE II - PERIOD OF PERFORMANCE

The period of performance under this contract shall commence on April 28,1981 and all effort shall be completed by June 27, 1981.

ARTICLE III - CONSIDERATION

In full consideration of the Contractor's performance hereunder, the Con-tractor shall be paid a fixed rate of $350.00 per man-day estimated to beten (10) man-days.

In accordance with the Interim Agreement, the Arbitrator's fees shall beborne equally by the NRC and the NTEU. Therefore, the NRC shall reimburse

_

the Contractor at the fixed rate of $175.00 per man-day.

ARTICLE IV - OBLIGATIONS

The amount presently obligated by the NRC with respect to this contract is51,750.00.

ARTICLE V - PAYMENT

Payment shall be made in accordance with Clause 2 of the General Provisionsent. led " Payments" as soon as possible after completion and acceptance of

.

all of the work, upon submission by the Contractor of voucher (s) in a fomsatisfactory to the Contracting Officer; provided, however, that said pay-ment (s) shall not be deemed to prejudice any rights which the Governmentmay have by law or under other provisions of this contract.

ARTICLE VI - PROJECT OFFICERlj' dGtt MC M AX/J & /

O -JasqutHna r. Jask-son is hereby designated as the Contracting Officer's^

authorized representative (hereinafter referred to as Project Officer) fortechnical aspects of this contract. The Project Officer is not authorized

| to approve or request any action whicn results in or could result in an~

increase in contract cost; or terminate, settle any claim or discute arisingunder the contract; or issue any unilateral directive whatsoever.

The Project Officer is responsible for: (1) monitoring the Contractor'stechnical progress, including surveillance and assessment of performanceand recommending to the Contracting Officer charfges in requirements; (2)interpreting the statement of work; (3) performing technical evaluation asrequired; (4) performing technical inspections and acceptances required bythis contract; and (5) assisting the Contractor in the resolution of tech-nical problems encountered during performance. Within the purview of this

.-

. . s

NRC-10-81 -399Page 4 of 5

authority, the Project Officer is authorized to review all costs requestedfor reimbursement by the Contractor and submit reccmmendations for approval,disapproval, or suspension for supplies or services required under thisco n trac t . The Contracting Officer is responsible for directing or nego-tiating any changes in t'erms, conditions, or amounts cited in the contract.

ARTICLE VII - INSPECTION AND ACCEPTANCE4

,

Acceptance of the services and reports to be delivered herein will be madeby the Project Officer.

ARTICLE VIII - SUBCONTRACTS FOR WORK OR SERVICES

No contract shall be made by the Contractor with any other party for furnishingany of the work or services herein contracted for without approval of theContracting Officer, but this provision will rot be taken as requiring theapproval of contracts of employment between the Contractor and personnelassigned for services hereunder.

-

ARTICLE IX - DISSEMINATION OF CONTRACT INFORMATION

The Contractor shall not publish, permit to be published, or distribute forpublic consumption any information, oral or written, concerning the resultsor conclusions made pursuant to the performance of this contract, withoutthe prior written consent of the Contracting Officer. (Two (2) copies ofthe material proposed to be published or distributed shall be submitted tothe Contracting Officer.)

ARTICLE X - WORK FOR OTHERS

Notwithstanding any other provision of this contract, during the term of thiscontract, the Contractor agrees to forego entering into consulting or othercontractual arrangemants with any firm or organization the result of whichmay give rise to an actual or apparent conflict of interest with respect tothe work being performed under this contract. The Contractor shall insure

| that all employees who are employed full time under this contract and employeesdesignated as key personnel, if any, under this contract abide by the provisionof this clause. If the Contractor believes with respect to himself or anysuch employee that any proposed consultant or other contractual arrangementwith any firm or organization may involve a possible conflict of interest,the ' Contractor shall obtain the written approval of the Contracting Officerorior to execution of such contractual arrangement.

|

| ARTICLE XI - PROPRIETARY INFORMATION

In connection with the performance of work under this contract, the NRC mayfurnish for the Contractor's review and evaluatfon or other use, certaintrade secrets or confidential or privileged commercial or financial informa-tien. The Contractor shall hold such information in confidence and except asmay be necessary under the terms of this contract, the Contractor shall notdirectly, indirectly, or otherwise, use, disclose, duplicate or disseminatethe information in whole or in part to any other person or organization. TheContractor shall return this information to the NRC at the conclusion of theContractor's use.

___

,

..

NRC-10-31-399Page 5 of 5

The Contractor shall also be responsible for safeguarding from unauthorizeddisclosure any infor:ation or other documents and material exempt frompublic disclosure by the NRC's regulations and =ade available to the Con-

; tractor in connection with the performance of work under this contract.i'

The Ccntractor agrees to conform to all regulations, requirements, anddirections of the NRC with respect to all such material noted above.

ARTICLE XII - PRIVATE USE OF CONTRACT INFORMATICN AND CATA

Except as specifically authorized by this contract, or as otherwise approvedby the Contracting Officer, information and other data developed or acquiredby or furnished the Contractor in the perfor=ance of this contract, shall beused only in connection with the work under this contract.

ARTICLE XIII - GOVERNMENT-PJRNISHED MATERIAL

1. Grievance File-

2. Performance Appraisal Manual Chapter 4151

This information is provided for such infor ation and assistance as it mayprovide the Contractor with regard to the general scope of work to be per-fo rmed. Only the matter which is referred to above will be furnished by theNRC.

The Contractor shall have access to office space, if necessary, a conferenceroom to conduct the hearing, and a court reporter as provided through theContracting Officer or Project Officer.

.

ARTICLE XIV - GENERAL PROVISIONS

This contract is subject to the attached Fixed Price Research and DevelopmentContracts Under $10,000.00 General Provisions, dated November 14,1977, whichincorporates the FPR Changes and Additions and NRC Additions.

Clause la of the General Provisions entitled " Patent Rights - Acquisition Bythe. Government", is deleted in its entirety.

_

1

_ . , .