ML19209D023

Contract: Behavioral Observation Program to Assure Continued Reliability of Employees, Awarded to Personnel Decisions,Inc

ML19209D023
Person / Time
Issue date:	09/25/1979
From:	Morton K NRC OFFICE OF ADMINISTRATION (ADM), PERSONNEL DECISIONS, INC.
To:
Shared Package
ML19209D020	List: ML19209D019 ML19209D023
References
CON-FIN-B-10829, CON-NRC-01-79-003, CON-NRC-1-79-3 NUDOCS 7910180617
Download: ML19209D023 (4)

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12. PAYMENT WILL BE uACE BY U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Comnission Office of Standards Development Office of the Controller ATTN: John Montgomery Washington, DC 20555 Washington, DC 20555 0 v5c 22o*i><

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The Government hereby accepts your offer to perform the work entitled " Behavioral Observation Program to Assure Continued Reliability of Employees," in accordance with your proposal dated April 3,19.79 as amended August 13, 1979, and the following terms and conditions, all of which are incorporated herein by this reference and made a part of this contract.

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TOTAL AMCUNT CF CONTR ACT 5 I40,612.00 Estimatad 2$-

OR 20 AS APPLJCASLE CONTRACTING OFF CER WILL CO.Af PLETE BLOCK ::

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1177 150

Contract fio. flRC-01-79-003 Page 2 of 4 A.

Regarding ARTICLE III CONSIDERATION 1.

In Paragraph A., Estimated Cost, Fixed Fee and Oblication, the following changes are made:

Subparagraph 1. is changed to read as follows:

"It is estimated that the toal cost to the Government for full performance of this contract will be $140,612.00, of which the sum of $131,166.00 represents the estimated reimbursable costs, and of which $9,446.00 represents the fixed fee."

Subparagraph 2. is changed to read as follows:

" Total funds currently available for payment and allotted to this contract are $140,612.00, of which

$131,166.00 represents the estimated reimbursable costs, and of which $9,446.00 represents the fixed fee. For further provisions of funding, see the General Provisions, Clause No. 4, entitled ' Limitation of Cost. '"

B.

Regarding ARTICLE VII KEY PERSONNEL Add the following individuals to such article:

Marvin Dunnette John Buchanan Pierre Meyer C.

Regarding ARTICLE IX GENERAL PROVISIONS / ALTERATIONS Add the following to Section B.

"3.

Clause 61 entitled " Work for Others' is deleted in its entirety."

D.

ARTICLE X CONFLICT OF INTEREST is hereby added to and made a part of this agreement in consideration.of, Notice to Offerors, Notice

^0. Evaluation of Procosals, B. Other Consideratiocs, 2. Conflict of Interest on page 18 of tne solicitation.

The article reads as follows:

(a) Purpose.

The prima y p rpose of this clause is to aid in ensuring that the contractor:

(1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relates 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.

1177 151

t Contract No. NRC-01-79-003 Page 3 of 4

,PORo OR.MBAL (b) Scope.

The restrictiens described herein shall apply to performance or participation by the contractor as dafined in 41 CFR 5 20-1.5402(f) in the actitities covered by this clause.

(c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrancements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract.

The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.

If the contractor believes with respect to itself or any such empicyee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written aporoval of the contracting officer prior to execution of such contractual arrangement.

(d) ~ Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational ccnflicts of interest, as defined in 41 CFR 520-1.5402(a).

(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contrccting officer.

This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.

The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government.

(e) Access to and use of information.

(1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrecs not to: (i) Use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Ccmmission based on such infcrmation for a period of six (6) months af ter either the completion of this' contract or the release of sucn infonnation to the public, whichever is first, (iii) submit an unsolicited proposal to the government based on such informaticn until one year after the release of such information to the public, or (iv) release the information without prior. written approval by the contracting officer unless such information has previously been' released to the public by tne NRC.

(2)

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

1177 152

Contract No. NRC-01-79-003 Page 4 of 4 (3)

The contractor shall have, subject to patent and security provisicns of this contract, the right to use technical data it produces under this centract for private purposes provided that all requirements of this contract have been met.

(f)

Subcontracts. Except as provided in 41 CFR 5 20-1.5402(h), the contractor shall include this clause, including this paragraph, in The terms " contract," " contractor," and subcontracts o'f any tier.

" contracting officer," shall be appropriately modified to preserve the government's rights.

(g)

Remedies.

For breach of any of the above proscriptiens or for intentional. nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erronecus representations.as necessarily imply bad faith, the government may

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terminate the contract for default, disqualify the contractor frca subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.

(h) Waiver. A request for waiver under this clause shall be directed in writing thrcugh the contracting officer to the Executive Director for Operations (ECO) in accordance with the procedures outlined in 520-1.5411.

(i)

Follow-on effort.

(1) The contractor shall be ineligible to participate in NRC c:ntracts, subcontracts, or proposals therefer (solicited or unsolicited) whica stem directly from the contractor's performance of work under this contract.

Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perrorm any technical consulting or management support services work or evaluaticn activities under this contract on any of its products or services or the products or services of.another firm if the contractor has been substantially.

involved in the development or marketing of such products or services.

(2)

If the contractor under this contract prepares a ccmplete or essentially compfete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial ccntractual The effort which is based on such statement of work or specifications.

contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subcaragraph shall not apply.

(3)

Nothing ir. this caragraph shall preclude the contractor frcm offering or selling its standard ccmcercial items to the governmert.

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