ML19257C827

Contract: Subscription to Nucleonics Week, Awarded to McGraw-Hill,Inc

ML19257C827
Person / Time
Issue date:	12/18/1979
From:	Collins P, Mattia M NRC OFFICE OF ADMINISTRATION (ADM), NUCLEONICS WEEKS, MCGRAW-HILL, INC. PUBLICATION
To:
Shared Package
ML19257C824	List: ML19257C823 ML19257C827
References
CON-NRC-10-80-665 NUDOCS 8001300548
Download: ML19257C827 (14)

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THE FOLLOWING CHECKED SECTICMS ARE CONTAINED IN THE CCNTRACT

ARTICLE IPAGE i IARTICLE iPAGc t

! PART I - GENERAL INSTRUCT!0NS I i

x I H11 l Deiiveries or Performance v io i

y 1 1 i Cover Sneet i 1 l x

i1X Inscection and Accectance ill Centrac Form and Representa-

!X Sceclai Prov!siens I

i Contract Acministration j

II tiens, Certifications, and XII v

Other Sta'.emen'ts of Offeror x

Data 11_12 _,

Instructions, Ccncitions, and III Notices to Offerors 11'l 1 E7aluation anc Award Factors x

IXIII l Ge,m,31 provisi es (13 i

l lPART II - THE SCHEDULE PART III-LIST OF y Id iSucclies/ Services and Prices o

DOCUMENTS AND ATTACH-

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ARTICLE II - CONTRACT FO?.M AND REPRESENTATIONS CERTIFICATIONS. AND OTFER l

STATEMENTS OF 0FFER0R I

'i The Contractor represents and certifies that:

(Check or complete all applicable boxes or blocks.)

i i

1.

SMALL SUSINESS He [ ] is, [V is not, a small business concern.

If offeror is a small busines s concern and is not the =anufacturer of the supplies offered, he also represents that all supplies to be furnished hereunder [ ] will, [

will not, be manufactured or produced by a small business concern in the United States, its possessions, or Puerto Rico.

SMALL BUSINESS CONCERN: A s=all business concern for the purpose of Govern =ent procure =ent is a concern, in-cluding its affiliates, which is independently owned and operated, is not dominant in the field of operation in which it is submitting offers on Govern-contracts, and can further qualify under the criteria concerning nu=ber ment of employees, average annual receipts, or other criteria, as prescribed by the Stall Business Ad=inistratien.

(See Code of Federal Regulations, Title 13, Part 121, as a= ended, which contains detailed industry definitions and related procedures.)

2.

REGULAR DEALER - MANU?ACTU?ll

/

He is a [ ] regular dealer in, [k] =anufacturer c#, the supplies offered.

3.

TY?E OF SUSINESS ORGANIZATICN He operates as'[ ] an individual [ ] a partnership, [ ] a nonprofit organizatica, [-] a corporation, incorporated under the laws of the State of 4.

CCNTINGEhi s

(a) He [ ] has, [ d'has not, e= ployed or retained any company or person (other than a full-time, bona fide e=ployee working solely for the of feror) to solicit or secure this contract, and (b) he [ ] has, [vT'has not, paid or agreed to pay any co=pany or persen (other than ' full-time bona fide e=plcyee working solely for the offeror) any fee, co= mission, percentage, or brckerage fee contingent upon or resulting from the award of this ccatract, and agrees to furnish information relating to (a) and (b) above, as requested by the Contracting Officer.

(For interpretation of the representation, including the ters "bcna fide e=ployee," see Code of Federal Regulaticas, Title 41, Subpart 1-1.5.)

5.

EQUAL CPPORTUNITY

./

He [ ] has, [ ] has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause herein or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that be [ ] has, [ ] has not, j

filed all required conpliance reports; and that representations indicating submission of required conpliance reports signed by proposed subcontractors, will be cbtained prior to subcontract awards.

(The above representation need v

f 1833 126

Page 3 t

ARTICLE II - CONTRACT FORM AND REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF 0FFER0R not be submitted in connection with contracts or subcontracts which are exe:pt fro = the clause.)

6.

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (a) By submission of this offer, the offeror certifies, and in the case of a joint of fer, each party thereto certifies as to its own organization, that in connection with this procurement:

(1)

The prices in this offer have been arrived at independer.cly, for the purpose of without consultation, coc=unication, or agree =ent, restricting competition, as to any =atter relating to such prices with any other offeror or with any cc=petitor; Unless otherwise required by law, the prices which have been (2) quoted in this of fer have not been knowingly disclosed by the offeror and will not knewingly be disclosed by the offeror prior to opening in the case of an advertised procure =ent or prior to award in the case of directly or indirectly to any other offeror a negotiated procure =ent, or to any cc=petitor; and (3) No'attecpt has been =ade or will be made by an offeror to induce any other perscn or firm to submit or not :o subcit an offer for the purpose of restricting ccepetition.

(b)

Each person signing this effer certifies that:

~

He is the persen in the of f eror's organization responsible wi:h-(1) in that organization for the decisic as to the prices being offered herein and that he has not participated, and will act participate, in any action contrary to (a) (1) thrcugh (a) (3) above; or the person in the of feror's organi:stion respensible (2) (1) He is not within that organization for the decisica as to the prices being offered that he has been authorized in writing to act as agent for herein, but the persens responsible for such decision in certifying that such persens in any ac:fon centrary have not participated, and will not participate, to (a)(1) through (a)(3) above, and as their agent does hereby so certify; and (ii) he has not participated, and will not participate, in any action contrary to (a)(1) thrcugh (a)(3) above.

7.

BUY A.vERICAN CERTIFICATE The of feror hereby certifies that each end product, except the end pro-is a desestic source end product (as defined in the clause ducts listed below, entitled " Buy American Act"); and that components of unknown origin have been considered to have been mined, produced, or =anufactured outside the United States.

l833 127

Page 4

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ARTICLE II - CONTRACT FORM AND REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF 0FFER0R Excluded End Products Countrv of Oricin 8.

CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to (1) contracts, (2) subcontracts, and (3) agree =ents with applicants who are the=selves perfor=ing federally assisted construction con-tracts, exceeding $10,000 which are not exe=pt fro = the provisions of the Equal Opportunity clause.)

By the sub=ission of this bid, the bidder, offeror, applicant, or sub-contractor certifies that he does not =aintain or provide for his e=ployees any segregated facilities at any of his establish =ents, and that he does not per=it his e=ployees to perfor= their services at any location, under his centrol, where segregated facilities are =aintained.

He certifies further that he will not =aintain or provide for his e=ployees any segregated facilities at any of his establish =ents, and that he vill not per=it his employees to per-for= their services at any location, under his ccatrol, where segregated facilities are =aintained. The bidder, offeror, applicant, or subcontrac ce agrees that a breach of :his certification is a violatica of the Equal Oppor-tunity clause in this contract. As used in this certification the ter=

" segregated facilities" =eans any waiting roo=s, work creas, rest roc =s and wash roo=s, restaurants and other eating areas, ti=e clocks, locker rec =s and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for enployees which are segregated by explicit directive or are in fact segregated en the basis of race, color, religion or naticnal origin, because of habit, local cus to= or o therwise. He further agrees that (except where he has obtained identical certifications frc= proposed subcentractors for specific ti=e periods) he vill obtain identical certifications frc= proposed subcontractors prior to the award of subcentracts exceeding $10,000 which are not exe=pt frc= the provisions of the Equal Opportunity clause; that he will retain such cer:iii-cation in his files; and that he vill forward the following notice to such pre-posed subcentractors (except where the proposed subcontractors have sub=10:ed identical certifications for specific ti=e periods):

Notice to crostective subccatractors of recuirement for certificatiens of nonsecrecated facilities.

A Certification of Nonsegregated Facilities =ust be sub=itted prior to the award of a subcontract exceeding $10,000 which is not exe=pt frc= the provisicas of the Equal Opportunity clause. The certification :2y be sub-

=it:ed either for each subcentract or for all subccatracts during a period (i.e., quarterly, se=1 annually or annually).

NOTE:

The eenaltv for'=akine' false statements in offers is crescribed in 18 U.S.C.

1001.

Page 5 ARTICLE II - CONTRACT FORi AND REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF 0FFER0R D

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9.

AFFIRMATIVE ACTION REPRESENTAT CN n

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The bidder or proposer has ['

, has not ! ], developed an affir=ative acticn compliance progra: for each of 1;s estab21sP ents.

(See 41 CFR 60-1.40 and 60-2).

If such a progra: has not been developed the bidder will cc=plete the following:

The bidder does [ ], does not [ ], e= ploy : ore than 50 e=ployees and has

[ ], has not [ ], been awarded a contract subject to Executive Order 11246 in the amount of $50,000 or = ore since July 1, 1968.

If such a contract has been awarded since July 1, 1968, give the date of such contract, but do not list contracts awarded within the last 120 days prior to the date of this representation.

10.

LISTING OF E}OLOY?E3T CPENINGS Offerors should note that if the resultant contract fro: this RFF is for

$10,000 or : ore the successful proposer will be required to co: ply with the require-cents of the contract clause set for:5 in section 1-12.1102-2 of the Federal Procurement Fegulations concarring the listing of e= ploy ent openings.

11.

MINGRITY SUSINESS ENTERPRISE

/

He ( ) is,

{\\] is not, a minority business enterprisa. A minority business enter-prise is defined as a " business, at leas: 50 percent of which is cuned by cincrity -

group = cabers or, in case of publicly cuned businesses, at least 51 percent of the stoca of which is cuned by sincrity grcup members." For the purpose of this definitica, minority group = embers are Negrees, Spanish-speaking A erican persens, American-Orientals, American-Indians, American-Eskiros, and A=erican Aleuts.

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The bidder or offeror certifies as follows:

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(a) Any facility to be utilized in the perfor:ance of this proposed contract has [v), has no

[ ], been listed on the Enviren= ental Protection Agency List of Violating Facilities.

(b)

He will prc ptly notify,the contracting officer, prior to award, of the receipt of any cc==unicatica frc the Direc:ce, Office of Federal Activities, Envirennental Protectica Agency, indicating that any faci-lity which he propeses to use for the performance of the contract is under considaratica to be listed en -he EPA List of Violating Facili-ties.

(c) He will include substantially this certificatica, including this paragraph (c), in every nonex2=pt subcentract.

(Applicable if bid or offer or award enceeds $100,000 or indefina:e cuen:ity contrac: is enpected to enceed same, or facility to be used is 11 sed by Environmen:al Protectica Agency as convicted violator.)

1833'~l29

Contract No. NRC-10-80-665 Page 6

~

ARTICLE II - CONTRACT FORM AND REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF 0FFER0R

13. KCthCGED EUSINESS (FPR l-1.340)

Concern is O is not /_y/ a woman-owned business.

A woman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women.

Controlled is defined as exercising the power to make policy decisions.

Operated is defined as actively involved in the day-to-day management.

For the purpcses of this definition, businesses which are publicly owned, joint stock associa-tions, and business trusts are exempted.

Exempted busilesses may voluntarily represent that they are, or are not, woman-owned if this information is available.

14.

PEEC CF FCEG'I CC: Fire (FPR l-6.106)

The offeror / contractor will represent (as an estimate),

the percent immediatelv after the award of a contract, the for'eign content of the item o'r service being of procured excressed as a percent of the contract award price (accu' racy within plus or minus 5 percent,is acceptable).

1833 130

Contract No. NRC-10-80-665 s

Page 7 F

ARTICLE.II - CONTRACT FORM AND REPRESENTATIONS, CFRTIFICATIONS, AND OTHER STATEMENTS OF OFFERCR

15. UTILIZATION OF MINORITY BUSINESS ENTERPRISES (FPR l-1.1310-2)

The Utilization of Minority Business Enterprises clause shall a.

be included in all contracts in amounts which may exceed

$10,000 except.(1) contracts which, including all subcontracts thereof, are to be performed entirely outside the United States, its possessions, and Puerto Rico, and (2) contracts for services which are personal in nature.

1.

It is the policy of the Governmpnt that minority business enterprises shall have the maximum practicable oppor-tunity to participate in the performance of. Government Contracts.

2.

The Contractor agrees to use his best effort to carry out this policy in the award of his subcontracts to the fullest extent consistent with the efficient perfcrmance of this contract. As used in this contract, the term " minority business enterprisa" means a business, at least 50 percent of which is owned by minority group members or, in case of publicly owned businesses, at least Si percent of the stock of which is ownedFor th by minority group members.

minority group members are Negrces, Spanish-speaking American persens, American-Crientals, American-Indians, American-Eskimos, and American Aleuts.

Contractors may rely on written representations by subccatracters regarding their status as mincrity business enterprises in lieu of an independent invest-igation.

16. UTILIZATION OF SMALL BUSINESS CONCERNS (FPR1-1.710-3)

The Utilization of Stall Business Ccncerns clause shall be a.

included in all contracts in amounts which may exceed $10,000 except (1) centracts which, including all subcontracts there under, are performed entirely cutside the United States, its pcssessiens, and Fuerto Rico, and (2) centracts for services which are personal in nature.

1.

It is the policy of the Government as declared by the Connress that a fair prcportion of the purchases and con-tracts for supplies and services for the Gcvernment be placed with Sn:all Business Concerns.

The Centractor agrees to acccmplish the maximum a cunt 2.

of subcontracting to small business concerns that the Contractor finds to be consistent with the efficient performance of this-contract.

~

1833 131 e.

Contract No. NRC-10-80-665 Page 8 ARTICLE II - CONTRACT E0PJ1 AND REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF 0FFER0R h

17.

CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST f

hg 0u0 f,r r

' Jl b!jf J'd I represent to the best of my knowledge and belief that:

of a contrac/or the b N F MGe*, 3!

) or does not ('/) involve The award to modification of an e.+is:ing centract does (

situations or relationships of the type set fo?th in 4i CFR paragraph 20-1.5403(b)(1).

If the representation as ccmpleted irdicates that situaticns or relationships of the type set forth in 41 CFR 20-1.5403(b organizational conflicts exist, the offeror shall provide a statement in writing which. describes in a concise manner all relevant facts If the bearing on his representaticn to the Centracting Officer.2:icnal ccnflicts exist, the Centracting Officer determines that organi:

following actions may be taken:

Impose appropriate ccnditicns which avoid such ccnflicts, (i)

(ii) disqualify the offerce, or determine that it is otherwise in the best interest of the (iii)

Unit'ed States. to seek award of the centract under the waiver provisicns c s cu-

.o,.,1.

4 5 20-1.5004(b)

The refusal Oc provide the retresentatica required by er u::cn request of the Contracting Officer the facts required by in disqualific$ tion of tne offeror for s 20-1.5cCa(c), shall result The ncndiscicsure or r.isrepresentatien of any relevant interes-may also result in the discualifica:ica of the effercr for awards; cr award.

if such nonsiscicsure or misrepresentatica is dis:cvered after award, The offerce may also be the resulting ccatract may be terminated.

disqualified frca subsecuenc related NRC contracts and be subject to such cther remedial actions previced by law cr the resulting centract.

The offerer may, because of actual ce potential cr;anizaticnal ccaflicts' propose to exclude specific kinds of work frca the state-ments of work contained in a RFP unless the RFP specifically prohibits of interest, Any such prescsed exclusion by an offerer will be If the~NRC such exclusicn.

considered by the NRC in the evaluatien of procesals.

considers the prcposed excluded work to be an essential er integral part of the required work and its exclusicn scuid werk to the detriment of the ccmpetitive posture of the other of ferers, the proposal must be rejected as unacceptable.

The of ferce's failure to execute the representation required herein with respect to invitaticn for bids will be censidered to be a minor the caission.

infor ality, and the offerce will be permi:ted to correct contract resultina frca a sclicitation requirement shall include gene prohibiting ccn:racters from engacing in int? rest.

A n'y ciauses (41 CFR 20-1.5404-1) relationships which may give ri NRC Centractor Orgcni:stional Ccaflict:

includad as A tac.' ment M.1. i.

1833 132

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STANDAa3 FCRM 36, JULY 1966 CONTINUATION SHEET NRC-10-80-665 9

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M CF Cf f ttCE Ct CCNitACTot McGraw-Hili, Inc.

CUANTITY UNIT UNIT PetG AMCUNT

$UPPU($/$ftW Q 5 (Tf.M NO.

'PART II - THE SCHEDULE Article V - Supplies / Services and Prices Subscription of flUCLEONICS WEEK in accordance with Article VI.

5 ea,$555.00

$ 2,775.00 1.

Subscription of NUCLEONICS WEEK 1

ea, $555.00 555.00 2.

Subscription of NUCLEONICS _ WEEK 39 ea. $485.00

$18,915.00 3.

Subscription of NUCLEONICS WEEX 1

lot $307.32 307.32 4.

Express Mail Service for forty (40) copies of Items two (2) and three (3) in accordance with Article VI.

e

Contract No. NRC-10-80-665 Page 10 Article VI - Descriptions / Specifications 1.

Contractor shall provide forty-five (45) renewal subscriptions of the publication NUCLEONICS llEEK for one (1) year from January 1,1980.

through December 31, 1980.

Article VII - Preservation / Packaging / Packing 1.

Material shall be packed for shipment in such a manner that will insure acceptance by common carrier and safe delivery at destination.

Article VIII - Deliveries or Performancs 1.

Time of Delivery Item numbers 1, 2, and 3 shall be delivered on a weekly basis from January 1,1980, through December 31, 1980, at the Contractor's established publication date.

2.

Place of Delivery _

a)

Forty (40) copies of NUCLEONICS WEEK shall be delivered via Express Mail Service to the following address:

Thomas Combs Room 1153 1717 H - Street, N.W.

Washington, DC 20006 b)

One (1) copy of NUCLEONICS WEEK shall be delivered to each of the following five (S) addresses:

1.

U.S. Nuclear Regulatory Commission Region I, Directorate of Regulatory Operations 631 Park Avenue King of Prussia, PA 19406 2.

U.S. Nuclear Regulatory Commission Region II, Office of Inspection and Enforcement 101 Marietta Street, N.W.

Suite 3100 Atlanta, GA 30303 3.

U.S. Nuclear Regulatory Commission Region III, Office of Inspection and Enforcement 799 Roosevelt Road Glen Ellyn, IL 60137 1833 134

Contract No. NRC-10-80-665 Page 11 2.

Place of Delivery (Continued) 4.

U.S. Nuclear Regulatory Commission Region IV, Office of Inspection and Enforcement 611 Ryan Plaza Drive - Suite 1000 Arlington, TX 76012 5.

U.S. Nuclear Regulatory Commission Region V, Office of Inspection and Enforcement 1900 N. California Boulevard Suite 202 Walnut Creek, CA 94596 Article IX - Inspection and Acceptance Inspection and acceptance of the supplies and services to be furnished 1.

hereunder shall be made at destination by the receiving activity.

Article XII - Contract Administration Data 1.

Authorized Recresentative The Contracting Officer may designate an authorized representative under this contract for the purpose of assuring that services required under the contract are ordered and delivered in accordance therewith.

Such representative as may be appointed will be specifically designated in writing to the contractor from the Contracting Officer, including the extent of such designee's authority.

1833 135

Con ;ract No. NRC-10-80-665 Page 12 Article XII - Contract Administration Data (Continued) 2.

BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS AND PURCHASE ORDERS _

i

'I General.

The contractor shall submit vouchers or invoices as prescribed t

herein.

{

Fo nn.

Clains shall be submitted on the payee's letterhead, invnice or on tne Governmert's Standard Form 1034 "Public Voucher for Purchases and

+

Services Other Than Personal," and Standard Form 1035 "Public Voucher for Purchases Other Than Personal -- Continuation Sheet." These forms are available from the Government Printing Office, 710 North Capitol Street, Washingten, DC 20801.

Number of Cooies and Mailina Address.

An original and six copies shall be sucaitted to NRC offices icentified belcw.

Frecuency.

The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or procucts delivered in performance of the contract unless c:herwise specified in the contract.

Precaraticn and Itemizaticn of the Vcucher.

The vcucher shall be prepared in ink or typewricer (witncut strikeevers) and corrections or erasures must be initialed.

It must include the folicwing:

(a)

Payor's name and address.

(i) Address the origina? voucher (with 4 copies) to:

U.S. Nuclear Regulatory Ccmmission, Division of Accounting, Office ci the Centroller, ATTN: GOV /CCM Acccunts Secticns, Washington, DC 20555.

(ii) iddress 2 i i.

copies to:

U.S. Nuclear Regulatory Ccmmissicn, ATTN: E. L.

Halman, Di rector, Division of Cor. tracts, Washington, DC 20555.

(iii) The cricinal cco) of the vcucher shculd indicate that (2) ccoies have ceen foraarded to tne Contractino Officer.

(b)

Voucher number.

(c)

Date of voucher.

(d)

Contract number and date.

(e)

Payee's name and address.

(Shcw the name of the contractor ar.d its correct address, except when an assignment has been made by the centractor Jr a different payee has been designated then insert the name and address of the payee.)

(f)

Cescription of articles or services, quantity, unit price, and total amount.

i833 136

Contract No. NRC-10-80-665 Page 13 Article XII - Contract Administration Data (Continued) 2.

Billing Instructions For Fixed Price Contracts and Purchase Orders (g) Weight and zone of shipment, if shipped by parcel post.

(h)

Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express.

(1)

Instructicns to consignee to notify Contracting Officer of receipt of shipment.

(j) Final invoice marked:

" FINAL INVOICE" Cur.

.cv.

Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records and payments will be made in that currency. Hcwever, the U.S. dollar equivalent for all invoices paid under the ccntract may not exceed thc total U.S. dollars authorized in the centract.

1833 137

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Contract No. NRC-10-80-665 Page 14 t

Article XIII - General Provisions 1.

This contract is subject to the provisions of the Standard Form 32, "Generr.1 Provisions (Supply Contract) (Rev. 4-75)" and FPR and NRC Additions to Standard Form 32 General Provisions (Supply Contract)

(June 1976), attached hereto and by this reference made a part hereof except as follows:

Clause 32 entitled " Minority Busiress Enterprises Subcontracting Program" is deleted in its entirety.

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