ML19275B704
| ML19275B704 | |
| Person / Time | |
|---|---|
| Issue date: | 09/07/1979 |
| From: | NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML19275B696 | List: |
| References | |
| CON-NRC-17-80-448 RS-SEC-79-350-1, NUDOCS 8002200510 | |
| Download: ML19275B704 (96) | |
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SOLICITATION
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S'i.CTION I-CONTRACT FORM [.PRESENTCIONS, CERTIFICATIONS,1 OTHER STATEMEhis OF oft:ER0R IFB RS-SEC-79-3SD REPRESENTATIONS. CERTIFICATIONS AND ACKNOWLEDG\\ TENTS b-RE PR ESENTATIONS ICheck or compiere allepphcable bones or blocks.)
The offeror e rpresents as part of his offer that:
1.
SM9L BUSINESS (Sor par.14 on SF D.A.)
He p is, O is not, a small busmess concern, if offefor es a small butmess concern and is not the mane.Jturer of the supphes of he also represents that all supphes to be fumeshed hereunder C will, O w ll not, be manufacturered or produced by a smati business concern in the United States,its possesssons, or Puerto Rico.
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2.
MINO ITY BUSINESS ENTERPRISE He ' sis, O is not, a mmority busmeu enterpnse. A minority busmess enterprise is defined as a h ssiness, at least 50 percent of is owned by mmority grouo members e r,in car of pubbety owned bus nesses, at least 51 percent of the stock of wheen is grr*up members." For the purpose of thrs oefinition. minonty grpup members are Negroes..Spanish.soeakmg American persons, Ameercan.Ortentals, American.indsant. Armrican C, si ws, and Arnetican.Aleuts.
3.
REGULAR OEALER - MANUFACTURdR IApphcable only to supp*y contracts exceedmg $10.000.)
He is aK regular cea6er in C manufacturer of, the supphes offered.
4.
CONTsNGENT F.E (See car.15on SF33A.)
(al He O has.
has not. empioved or retamed any compar e or persons torner than a aut/. time bona fide employe-ierkrng so/ely /or the offeror) to sohcit or secure this contract, and (b) he O has,C has not, paid or agreed to pay any company ( r person (othee ttsan a rime bona /fde employee working sosely (or the os /cror! any fet, commission, erc: ntage, or brokerage fee contmgent uoan or rew the award of this contract, and agrees to furnish information relatmg to la) and (b) above, as req @sd by the Conttactmg Officer (Jnter tatron of the representation, mcludmg the term "cona isce employer."see Coor of Froe'ai Argusarsons. Title 41, subpart 1 15 )
5.
TYPE OF BU':! NESS ORGANIZATION He operates as C an individual, C a partnership, C a nonprofit orga.iization, corporation, incorporatert unor- ** tews of the State of G.
AFFlt i AT50N AND lDENTIFYlNG DATA (Applicable only to advertised solicitations.)
Each otterer snall t.o nplete tal and (bl if acchmose. and (c) betow:
(a) He C is, hs not, owned or controlled by a parent comcany. /See par.16 on SF J34.1 tb) If tne offerer es owned or contro!6ed by a narent company, he shall enter m the blocks below the name and mam office addre the parerte company:
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EQUAL OPPORTUNITY (a) He O has. Rhas not, partecicated in a previous contract or subcontract subiect eitner to the Ecual Opportunity she clause originally conumed in section 301 of Executrve Orcee No.1C?25. or the clause contamed in Section 201 of Ex 11114; that he O has. O ha not, filed al' etmuired ccmchance reports:and ttut representatsons mdicaterig wbmession o reports. 6 md by crccosed sabcontractors. wiil be obtaiaed prior to st.bcontract awards. (Tha above representatson need n 9
contwction with contract 'r subcoe tracts wnich are esempt from the touM coportumty clause.)
(b) The badder (or offerori represents that (1) he O has eeweiooed and has on file. O has not oevefooed and does each enabbsnment affirmative xtron programs as reopred by the rules and re72 ations of tne Secretary of Labor 141 CFR 60-1 (2) he Qhas not prev.oudy had contri, cts subject to the written affstmarrve action procrams recuirement of the Sxrwtary of Labor (The above reprewntarron shall be comporteer cy eacn biccer for otteror) wnose Did to/ *r' 3 $52.000 e
50 or more emproyees )
CEHTLHCAT sons tCmx or comoor'* a accoomr* names nr.uncuss BUY AMERICAN CERTIFICATE The off.ror crrtifies as part of his offer, that:
in the et,use entitled " Buy American Act").and that comgranents of unanown ortgm have been considere m.anufactured outside the United States.
v een inmed, produced or K^r '-nD E)eO FueoDucTs GQueeriev os opiGs, rgtum Euuuuuuuuus
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IFB RS-SEC-79-250 S"'.CE27'S C:' 0::.-a (Cris Page 3 g*
CLEAN AIR AND YlATER (s.pphcaote if the Did or offer escreds $100,000 or the contracting officer tiss cetermrnes star oroers uncre an oncefinite cuantity contract on any year well erce.*d $100.000, or a facility to be used nas been the subrect of a cwrction unoer tne Cean Air Act (42 U.S.C.1857c-Sic)(11)or tne feceral Water Pollution Control Act (23 U.:.C.1:19(c)) and ts lister:by E.*A, or os not ornerwrse exempt.)
The Dirider or offeror certifies as follows:
(a) Any f acility to be utilized m the performance of this croposed contract C has, O has not, tren hned on the Environmental Protection Aoency List cf Violating Facihties.
(b) He will promptly notify the contracting officer, prear to award.of the receiot of any communication from the Director, Office of Feceral Activities Environmental Protection Agency, indicatmg that any facility wnich he proposes to use for the perfcmiance of the d
contract is under consideration to be listed on the EPA list of Violatmg Facilities.
(c) He will includc suestantially this certification, including inis caragraon (c), in every rioneremot subcontract, 3*
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (See par.18 on SF JJ Al suomission of this offer, the offeror certifies, and in the case of a point off er, eacn party thereto certifies as to its own (a) By organization, that m connection with tnis procurement:
(1) The prices in this offer havt been arrived at inceDendently, witnout censultation, communication, or agreement, for the purcose of restricting comoetition, as to any matter reisting to sucn prices with any other offeror or witn any competitor-(2) Uniest otnerwise reouired by law, the prices wnien have eeen cuoted in tnrs offer have not taen Knowinofy disefcsed by tree off erer and will not knowmgiy be disclosed by the off erer prior to opening in tne case of an aavertised procurement or gior to award m the case of a negotiated procurement, directly or indirectly to any otner off eror or to any competitor; and (3) No attemot has b-an mMe or will be mace by the offerer to incuce any other person or firm to submit or not to suomit an offer for tnat purpose of restrictmg competition.
(b) Escn *rson sianmg tnis offe' certifies that:
(1) He is tne person m me offeror's crganintion retpor:sicie witnm inat organi:ation fer the decision as to tne piccs being off ered nerem and that ne nas not partic:catec, anc will net par ic:cate, m any act:en centrary to (a)(llinrcugh (a)(3), soove;or (2) b) he is not tne persen in the off eror's organization responsioie witnm that organization for the dec:sion as to the prices bemg of f ered nerein but tnat he has been authorized m writmg to act as agent for the persons resDonsible for such decision in certifying that sum persons have not participated anc wdl not participate,in any action contrary to (a)(1) inrougn (a)(3) above, and as their egent coes heney so ce*tity; anc (ii) he has net cartic2cated, and will not partic pate,in any action contrary to (4)(1) througn (ali3) above.
A CE RTIFICATICN OF NCN;5C=iEG ATED F ActLITIE; (Ac:licabie to (1) contrac:s (2) subcontractc, and (3) agreements wth sposicants wx are :nem:esves performeng tecera:ty a:ustec construction contrac:s, escenn; :!CLCO w sich are not esempf from the e
pronssoru of :ne Ecuat 0:cortunory clauseJ By tne suomissien of this bid, the bicce', cfiero', acclicant, or suocontrac or c::rtifies that he does not maintain or reovide for his emoseyees any segregatec facihties at any of his estachsnments and that he cces not permit his em,)toyees to cerferm their serves at any e
locatien unce' nis contrel, where segregated tac:hties are mamtamed. He certifies furtner that he will nct t aintain or piovice for his smetoy-segregated f ae nt:es at any cf his estaciithments, and that ne wi;l not permit his emotovees to perform theer servic-s at any locatien, ees any uncer his control, where secregatec f ac'hties are maintamed. Tr e bicder, orf eror, acahcant, or succentracter agre*s that a breacn of this cer.
tif:catien is a viciaticn of the Ecual Opoortunity ctause m this ccntract. As used in this certification, the t*rm " segregated facilities" means any waiting rooms, worn areas, re:t rooms and wasn rooms, restaurantsano other eating arest, tirne ciocits, locker rooms and othersterage or cressmg areas, cartmg lots, ermaung fountains, recreation or entertainment areas. transecrtation, and housing facifices provided for empiovaes wnicn are segre;ated by exchcit directive or are m fact segregated on t*e basis of rac:, color, religion or rsatteriti svigin,tecause of haD't, local cu: tom, or otherwise. He further agrets that (excect wnere he has obtained identical certificationf from pocosed he will cotain ident: cal certifications frcm preocted subcontractors prior to fhe award of subcontracters for scacific time periods) subcontrac s em-oing $10,CCO wr icn are not exem=t from tne provisiens of tf e Ecual Ccoortunity ciause; tnat hd eli retain such certific:tiens in his files; and tnat he will forware tne followmg netic to suen proposed subcontractors (exeect where t*r> proocsed subcentractors have submitted identical certifications for specific time perices):
. Notice to prospective subcontractors of requirement for esetifications of nonsegregatsd f acilities.
A Cerrit catian of Nonsegregated Facristies rnust be submitted prior to tne award of a subenntract exceedmg $10,C00 wnsen is not exemet from the prov,s ons of the iEcuat 0;oortunity c:ause. The certification may tv submitted either for each subcontract or for ad sucmnir:c s curmg a o*'ioc is.e., cuarterly, /miannualsy, or annuallyL NOTE. Tne penmotv for mJ4ing false offed rs pre-artoed an 18 U:.:. l:0?
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The o'te*er a:me* ec;es recec: cf amert
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- 1. it:e penalty NC 75 Cr:en mus: se: rarrn rau. ac::,rure anc c:motere ontormat on as recurrec ty this 5cucitation tinctucing arixnment:
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IFB RS-5EC-79-350 j
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Representations, Certifications, and Acknowledgements Continued From SF 33 (page 3) 5.
WOMA;4-0 wried BUSINESS Concern is O is not g a woman-owned business. The business is publicly owned, a joint stock association or a business trust yes The business.isg certified Cnot certified.
no.
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 managecent.
For the puroeses of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted.
Exemoted businesses may volur.:arily represent that they are, or are not, woman-owned if this infor. ation is available.
6.
PERCE!iT OF FOREIG: CC!iTEi;T The offeror / contractor will represent (as an estimate), immediately after the awa*d of a contract, the percent of the foreicn centent of the item or service being procured e.cressed as a percent of.tne contract award price (accuracy within plus or minus 5 percent is acceptable ).
7.
fiC!i-DISCRIMI :ATIC:i_ SECAUSE OF AGE CERTIFICAT!0 (1-12.1001)
The offeror hereby certifies as follows:
(a) In the perforrance of Federal Contrccts, he and his subcontractors shall not in connection with the employ-mant, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age execpt upon the basi of a bona fice occupational retirement plan, or statutor/ requirement, and
. Id N (b) That contractors and subcontractors, or per:cns actina on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts a maximum age limit for such employment unless the specified maxir:'um age limit is based on a bona fide occupational qualification, retirement plan, or statutory requirement.
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IFB RS-SEC-79-350 Page 5 B.8.
Utilization of Minority Business _ Enterprises fh-1.1310-2) a.
The Utilization of Minority Business Enterprises clause shall 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 Government 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 sub:ontracts to the fulles:
extent consistent with the efficient performance of this contract. As used in this contract, the term " minority business enterprise" means a business, at least 50 percent of which is owne: by minority g* up memoers or, in case of publicly owned businesses,.at least 51 percent of the stock of which is owned by minority group members. For the purposes 'of this definition, minority grouc members are Negroes, Spanish-speaking American persons, American-Orientals, American-Indians, American-Eskimos, and fr.erican Aleuts. Contractors may rely on written rapresentations by subcontractors regarding their status as minority business enterprises in lieu of an independent inves -
igation.
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e Utilization of Smal,1 Business Concerns (1-1.710-3)
B.9.
a.
The Utili:ation of Small Business Concerns clause shall be included in all contracts in amounts which may exceed 510,0C0 excect (1) contracts which, including all subcontract: therk under, are performed entirely outsice the United States, its possessiens, and Puerto Rico, and (2) contracts for services which are personal in nature.
1.
It is the policy of the Government as declared by the Congress that a fair procortion of the purchases and con-tracts for su: plies and services for the Government be placed witn Small Eusiness Concerns.
2.
The Contractor agrets to at::mplish the maximum amount of subc:ntracting to small business con: erns that the Contractor fines to be consistent with the efficient performan e of this contract.
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ifs RS-SEC-79-350 Page 6 B.10
. CONTACT FOR CONTRACT ADMINISTRATION Bidders are requested to indicate below the individua1{s) to be contacted for prompt contract administration:
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'.'into r,
President.
TITLE Suite 107, 499 S.
Capitri Street, S.~ 7 ADDRESS Mashingten, D.
C.
20003
( 701) 9 2 0-0 a f' ?
TELECOPIER NO.
TELEPHONE NO.
(if available)
B.11 Princical tocation
_ Bidder shall indicate street address, city, county and state of principal location:
l Intern,.tienlt Ver5'.ti
".eportorn, Inc.
Name of facill:y Suit? 107, 499 3 C 'c.i te ? Stnet, 4.7 Street Address
'faniniten, D..
C.
20001 City County State Zip Code C.12 AFFILIATED BIDDERS (1974 APR)
ASPR 7-2003 12 (a) Business conce ns are affiliates of each other when either directly or indirectly (i) one concern controls or has the power to control the other, or (ii) a third part. controls or has the power to control bc:h.
(b) Each bidder shall submit with his bid an affidavi: containin; information as follows:
(i) whether the bidder has any affiliates; (ii) the names and addresses of all affiliates of the bidder; and (iii) the names and addresses of all persons and concerns exercising control or ownership of the bidder and any or all of his affiliates, and whether as cor. mon officers, directors, stockholders holding controlling interest, or otherwise.
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IFB RS-SEC-79-350 Page _7. _ \\
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B.13 CONTRACTOR ORGA.ilZATIONAL C0liFLICTS OF INTEREST I represent to the best of my knowledge and belief that:
P The award tJnternhtien11 Verbatin Reporter ~of a c6ntract or the coes (
) or does not (y') involve modification of an e.u sting con rac situations or relationships of the type set foi-th in 41 CFR paragraph 20-1 ~. 5403 ( b) (1 ).
t If the representation as comoleted indicates that situations or relationships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a state. ment in writing which. describes in a concise manner all relevant facts If the bearing on his representation to the Centracting Officer.
Contracting Officer deternines that organi:aticnal conflicts exist, the following actions may be taken:
(i)
Impose appropriate ccnditicns which avoid such conflicts, (ii) disqualify the offeror, or detemine that it is othemise in the best interest of the (iii)
United States to seek award of the contract uncer the waiver provisions of s 20-1.5411.
The refusal to provide the recresentation required by 5 20-1.5404(b)
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or upon request of :ne Contracting Officer the facts required by 5 20-1.54C (c), shall result in disqualification of the offeror for The nondisclosure or misrepresenta-icn of any relevant interest award.
in the discualification of the efferor for awards; or mcy also resui i# such nondiscicsure or misrepresent. tion is discovered af cr awr.rt -
the resultinc centract may be terminated. The offeror may also be A3 discualified frc:r subsecuent related NRC contracts and be subject to such other remedial actions provided by law or the resulting centract The offeror may, bectuse of actual or potential organizational coOflicts of interest, propose to exclude specific kinds of work from the sttts-ments of work con:cined in a RFp unless the RFp specifically prohihd:s such exclusion. Any such proposed exclusion by an offeror will be considered by the HRC in the evaluation of proposals. If the NRC considers the preposed excluded work to be an essential or integral part of the recuired work and its exclusion woulc work to the detri:ent of the ccmpetitive posture of the other offerors, the proposal must be rejected as unacceptable.
The offeror's failure to execute the representation recuired herein
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with respet: to invitation for bids will be considered to be a minor infom:lity, and the offeror will be permitted to c:rrect the caissicn.
resulting frem a solicitation re uirement snali inc nzde general An. contrac ciauses (41 CFR 20-1.5c01-1) prcnibiting contractors from engating in rela:icnships which may give rise to an ac.ual or apparent confli:t of interest-(41 C.T Part "'D) is URC Con ractor Organi ational Conflicts of Interest included as At 2chment1.
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SECTION. C -
SQL,f7ATION INSTRUCTIONS AND CONDm0fui IP" SDS-S &-79-350 Page -8 i
- 1. DEFINITIONS.
- 7. LATE BIT'S, MODIFICATIONS OF BIDS, OR WITHDRAWAL OF 3'
As used herein:
(a) The tenn *solicitauen" means invitadon for Bids iIFB) whese (a) Any bid recerved at the of5cc designated m. the solicitation after the procurernent is aaverused, and Request for Proposal (RFP) where the exact time specined for rece pt will not be conudered unless it u the procurement is nerounted.
recesved before award u made and either:
(b). The term "ofier" means bid where the procurement is adver.
(1) It was sent by rerutered or certi6ed mail not later than the tised, and proposal where the procurement is negotiated.
Efth calendar day pnor to the date rpec 6ed for the, receipt of bida (c) For purposes of this sobestauon and Block 2 of Standard Form (e.g., a bad subnutted an reponse to a schotauon requanng rece. " of 33, the term "aoverused" includes Small Bus ness Restncted Adver.
bids by the 20th of the month must aave been mai.ed by the 15t ur tanng and other types of restricted advernung.
earlier) ; or (2) It was sent by mail (or telegram if authorized) and it is
- 2. PREPARATION OF OFFERS.
determmed by the Government that the late recespt was due solely to (a) Offeron are expected to examine the drawinars, speci6 cations, muhandbng by the Government after receipt at the Government Scheoule, and all instructions. Failure to do so will be at oHeror's snstallation.
risi (b) Any modiScation or withdrawal of a bid is subject to,the same (b) Each offeror shall furniah the informadon required by the conditions as in (a), above. A bid may also be witacrawn,sn person solicstation. he ofieror shall sign the sohcitation and pnnt or type by a bidder or his authorned representauve provided his sdentity is has name on the Scheoule and each Conunuation Sheet thereof on made known and be signs a receipt for tne EJ, but only if the with-whicA he makes an entry. Erasures or other changes must be in tialed drawal is made pnor to the exact time ret for receipt of ba,cs.
by tne penon sagn ng tne o&er. Off ers surned by an agent are to be (c) 'Ihe only acceptable evidence to.establub:
accompanied by evioence of his authon v unless sucn evidence has (1) The date of mailing of a late bic, modi 6 cation.or withe,rawal been previousiv' furruined to the issuing of5ce, postmark on soth the envelope or wrappen and on the oripnal recesce sent either bs regutered or eerused mas is the U.S. Postal Servi (c) Unit pnce for each unit e6ered snall be shown and such price pt shall include pacling unless otherwise rocci 6ed. A total shall ba entered frotn the U.S. Postal Service. If neither pos:mara snows a letrible date, in tce Amount column of the Schedule for each item o&ered. In case the bid, modshcat on, or withdrawal shall be deemed to have been of ct,crepancy between a umt pnee and extended pnee, tne unit pnce mailed late. (The term " postmark" means a pnnted, stamped, or other-will be presumed to be correct, subject, however, to correction to the wue placed impression (excluuve of a postage meter marhrne impres.
same extent and in the same manner as an$ other mistake.
sion) that is readily ioentinable without further ac6on as having been (d) Off ers for supplies
.rvices other than those speci6ed will not suppued and afnxed on the date of maihng bv emplovees of the U.S.
be coaudered unlen au.aonze t.bv tne solicatauon.
Postal Service. Tnerefore, offerers should request ta= postal ejera to (e) Offeror must state a de5 nite time for dehverv of supplies or place a hand canceRation bullWye " postmark" on both the receipt for o-rfcenance of s-ruces uniess etnerwise soeci5ed in the soi:catat:en.
and the envelope or wrapper.)
(h Time. if stated as a numoer of cays, will inciuce Saturcavs, (2) The time of receipt at the Governtnent instrJ1ation is the Suncays and hoUcavs.
time-cate stamp of such installataan on the bad wrtpper or other (gj Coae bones are for Government use onb.
documentary evidence of receipt maintained by the installation.
(d) Notwithstancing (a) and (b) of tnis provision, a late modin-
- 3. E.XPLANATION TD OFFERORS. Any explanation desired by an cadon of an otherwise successful bid which makes its terms more offeror regarding the sneanmg or interpretation of the solicitation, favorable to'the Government will be considered at any time it is re-drawing, specihcations, etc., must be requested in wn6ng and with ceived and may be accepted.
auf5cient tune allowed for a repiv to reach oderers b-fore the sub-Note : The term "teierram" includes callgrams.
mission' of the:r oders. Ora; emplanations or anstruc6ons g:ven before the award of the contract will not be binding. Any information g:ven
- 8. LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND to a prospective off eror concerning a soliatation will be furnished to WITHDRAWALS OF PROPOSALS.
aji prcspecove oderors as an amencment of the solicta6on, if such (a) Any proposal received at the oEce desipiated in the solicita.
mfermanon a necesssrv to cHerors in subcitting o5ers on the soiiata.
tion afte-the exact time specined for receipt wi'l not be considered taan or af the lack of such informauon would be prrjudicial to un-unless it is receaed before award is made, and; infermed cEerors.
(1) 1: was sent by repstered or certmed tnai! not later than the
- 4. ACKNOWLEDGMENT OF AMENDMENTS TO SOLIC.'TATIONS.
an oner submitted in rescoe.se to a soucatat2on requ:nng rece:p. of Fece:pt of an a: endment to a solicitation by an oHerer must be ofIers by the 20th of the :sonth mast have been mailed by the 15th or schowledred f a) bv siee.ing and returning the amendment, (b) on carhers; page thr e of Standard For 33, or (c) by letter or teierram. Such (2) It was sent by r: ail (or telegram if authorized) and it is ar.knowlede=ent must be received pnar to the hour and date speciSed determind by the bovernment that tne late receipt was due solely for nccipt of c6ers.
to m:ahandling by the Government after receipt at the Government 3,3 F,' he only preposal received.
",t
- 5. SUBMISSION OF OFFERS.
(a) O.Sers and modi 5catiens thereof sha!! be enclosed in sealed (b) Any rned.5cauon of a preposal, eacept a modincation resulting envelopes and addreened to the c,fhce specised in the so;iatation. The frocs the Contracting 05cer's request for "best and Ena!" o5er,is sub-cReror shall shew the bour and date sceased in the soIiatation for ject to the same condauona as in (a)(1) and (a)(2) of this provision.
receipt, the solicitauon r. umber. and the name and address of tne (c) A modiEcation resulting from the Contractmg Of5cer's request oEeror on the face of the envelope.
for **best and Enal" oRer received af ter the time and date speci6ed in (b) Teletrachic e5ers will not be considered unless authorized by the request will not be censidered unless received before award and the soliatauon, bewever, ciers may be modised or withdrawn by the late receipt is due solely to mishandling by the Government after written or teleeraphie nouce, provid-i such notice is received prior to receipt at the Government installation.
the hour and date speci5ed for receipt. (However, see paragraphs 7 (d) The oniv acceptable evidence to establish:
and 8.)
(1) The date of rnGng cf a late proposal or modincation sent
. (c) Samples of items, when required, raust be submitted within the either by rnistered or certi6ed mail is the U.S. Postal Service post.
tsrne smased, and unless otherwise speci6ed by the Government, at mark on botn the envelope or wrapper and on the origtnal receipt from no expense to the Governrnent. If not destroved by testing, sampin the U.S. Postal Service. If neither postmaris shows a legible date, the wsII, fed bvbe returned at c$eror's request and crpense, unless otherwueProposal or modincanon shall be deemed to have been mailed late.
spea the solicitauen.
. The term "postrnari" means a printed, stamped, or otherwue, placed
(
- 6. FAILURE TO SUCWT OFFER. If no oder is to be submitted, do
'7e d r
ident 2 ithout a on as h ne ce p ie d
not rearn tne soitat.:rian uniess otne wne seecifica A letter or post-afhzed on the data of maihne bv emaiovees of the 1.'.S. Posta4 Service.
carc sn.1.. be sent in :ne issuine ofnce acvuirg wnetner fut.:re som-Thercio-r, oHerers should reouest tne postal cierk to place a hand statmns ser tne tvp-of supp;ies er services covered by tris sonatation cancellation buLs-eye " postmark" on botn the receipt and the envelope are ceured raiture o:_ tne reapient to eRer, or to notur tne assuin?
or wrapper.)
of5ce tnat future schatatiem are desirec, may result in removal of
( ) The tirne of receipt at the Government installation is tha the name of such recoient frem the rnailing hst for the type cf supplies time-date starrp of such insta!!auen on the preposal wrapper or other or sernces (overed by the sonataucn.
documentary evloence of receipt maintained by the installauon.
33 sTaxoano ronu as-A (n.v. s.7:3 Pmcised by CIA. FFF. (41 Cm 1-16.101 l
I
r IFB RE.SEC-79-350
(,e) Notwithstanding (a), (b), and tu, of tha provision, a late 35-45), the Contract Work HoursD$at 3-Ae! (40 U.S.C. 327-330),
modificauen of an otherwae successful proposal which makes au terms and the Service Contract Act of 1965 (41 U.S.C. 351-357) may be more favorable to the Govemment wi!! be conudered at any time it a obtained from the Department of Laoor. Washington, D.C. 20210, or received and may be accepted.
f rom any reinonal ofhee of that agency. Requests f or intermation should (f) Proposals may be withdrawn bv wntten of teiegraphic notice meinde 'tne solicatauen nurnber, tne name and adcress of the tasutor received at any ume pnor to award. Proposais may be withdrawn in agency, and a desenpuon of the supobes or services.
person by an oHeror or his authonzed representauve, proviced his idenury is made known and he signs a receipt for the proposal pnor
- 13. SELLER'S INVOICES, Invoices shall be prepared and submitted to award.
in quadruplicate (one copy shall be rnatied "ongmal) unless other-Note: The term "teJegram" includes mailgrams.
wise specsed. Invoices snall contain the following informan: Con.
Note: The attemate late proposais, modi 5 cations of proposals and tract anc order number fif any), stem numbers, descnptaon of suppbes withdrawals of proposals provmon prernoed by 41 CTR 1-3.802-2(b) or services, sizes, quantines, umt pnces, and eatenced totals. Bill of ahan be used in heu of provision 8, if specined by the contract, lading number and weient of shiptnent will be shown for shipments made n G vernment bilis of ladmg.
E DISCOUNTS.
(a) Notwsthstanding the fact that a blank is provided for a ten (10)
- 14. SMALL BUSINESS CONCERN. A small business corcern for the day dacount, prompt pavenent discounu ofiered for payment within purpose of Government procurement is a concern tocludmg iu a51i-less than twenty (20) calendar days will not be conssdered m evalu-ates, which is independently owned and operated, u not dommant in ating c5ers for award, unless otherwise specised in the solacitation.
the 6 eld of operation an which it is subtnitting c6ers on Government However, offered discounts of less than 20 days will be taken if pay-coatracts, and can further qualify under the critena concerning num-ment u r 4ade witam the discount penod, even though not consadered ber of employees, averare annual receipts, or otner entena, as _ pre.
in the evaluation of oHers.
senbed W tne Smsli Business Aarnmutrano:t. (See Code of Feoeral (b) In connection with any discount oSered, time will be computed Reculauons. Tide 13, Part 121, as amenced, wi.ach contams detailed frots date of aebver3 of the suppbes to carner when ochvery and industry ochniuons and relateo procedures.)
acceptance are at pomt of onetn, or from date of delivery at desti-nauon or port of embarkation %en dehvery and acceptance are at
- 15. CONTINGENT FEE. If the oReror, by checking the appropnate
~
either of those points, or frum the date correct invoice or voucier is box provided therefor, has represented that he has emploved or retamed received in the ofiice soaci6ed by the Govarnment, if the latter date a ccmpany or person (otner than a full-tin:e bona fice empievee wor's-is later than cate of ochverv. Pannent is deerned to be made for the ing soielv for tne ederor) to sohcat or secure this contract, or that he purpuw of earning the cascount on the date of manmg of the G)vern-bas paid or agreed to pay any fee, commasson, percentage, or brokeage ment check.
fee to any cornpany or person continger! upon or resulanc from the award of this contract, he shall f'amuh. ic uuphcate, a cornpiete Stand-
- 10. AWARD OF CONTR ACT.
ard Form 119, Contractor: Statement of Contingent er O ner Fees If (a) The contract wiU be awarded to that responsible ofierer whose oHeror has previousiy furnished a completed Standard Form 119 to the eSer conformine to the soberta6en wil' be cmst advantageous to the ofIice issumg this schc2 tat:on, he may acccmpany his cEer with a airned Govern.:r.ent, pnce and other facten consicered.
statement (a) indicating when such cornpieted form was previously (b) Tne Govemment reserves tne ngnt to reject any or aI: c5ers furnisned, (b) identdvmg by number the previous solic:st2en or con-and to waive infor=ai2ues and minor irregu;anties an cHers received-tract, if anv, in connection with which such form wa.: submitted, and (ci The Goverr. ment inav accept arv stem or group of stems of any (c) representing snat the statement m succ fortn is apphcable to tnu oRer, unless the onervr cuah6es his offer bv specde limitauons. UN-offer.
LESS OTHERWISE PROVIDED IN THE SCHEDULE. OFFERS MAY BE SUEMI"TED FOR ANY QUANTITIES LESS THAN 16 PAREMT COMPANY. A parent company for the purpose of this THOSE SPECIFIED: AND THF. COVERNMENT RESERVES THE RICHT TO MAKE AN AWARD ON ANY ITEM FOR A oRet is a co.m. Eanv which either owns or controls the act vices and basic busmens pca:ies of t::e oEere 7o own anotner company means gh, QUANTm' LESS THAN THE QUANM' OFFERED AT THE UNIT PRICES OFFERED.UNLESS THE OFFEROR Sf'ECIFIES
,P*','"
n ther$mpan he s hts ta n
o uch OTHERW1.x. IN HIS OFFEIL (d) A wntten award (or Acerotance of Offer) ma d (or ot'her-ownership is net r quired; if another comeanv is ahle to formulate, determme or veto baic busmess poitev ochsier.: of the oSerer, such i.e wise fymished) to the succesnu; onerer withi. the tune for acceptance
,t3,r ecm'pany is consid: red the pa~nt cocoany of tne oderor. Tnis specmed,in the oRet shan oa oce=ec to result in a bmding contract d w be exerc: sed threugh the use of cocinant rnincrity voting i i ng g ;)
e ) t..
gh (h) apply only to negotiated N"L'
- OI P N
- N ' "#"'#***"
"M**"E "
solicaauc x A,
(e) Tne Govemment may accept within the t!=ne specised therein,
- 17. EMPLOYEn't IDINTIF10ATION N13MBER. ( Applicable only ts any oder (or part inerect, as presided in (c) above), whether or not adverused solicita: ions.) The o5eror shaU insert in the applicable epace there are nerotiauona sioseqs.ert to its receipt. uni-ss the o5er is with, on the oder form, if he has no parent co npany, his own E=plov=/s drawn by wntte.n notice rece2ved by the Government prior to award.
Identinc.atic: Nurnber (E L No.) (Federal Social Securitypumber If subsequent negenations are conducted. they shall not constitute a used on Emplover s Quarterly Federal Tax Return, U.S. s reasury rejecuen or ccunter offer on the par: cf the Gcvemznent.
Depart:nent Form 941), or,if he has a parent company, the E=p4crer's (f) The nght is reserved to accept other than the lowest oRer and Icentiscadon Number of his parent company.
to reject anv cr all oSen.
(g) The Government may award a contrset, based on initial oEers
. IC. CERTIF10AT10N OF INDEPENOENT PRICE D; TERMINATION.
ree aved, without discuion of such oders. Accordingly, each initial (a) This cerdfication on the efier form is not applicable to a foreign oRer enouio be submitted on the most f avorable tert =s frorn a pnce oReror subcutung an oTee for a contract witich reqmres performance and techsucal..andpoint whicn the o:Teror can subciit to the Gesern-or deliverv eutside the United States, its possess.ons. and Puerto Rico.
ID'3*-
(b) An oRer will not be considered for award where (t)(1), (a)(3),
(b) Any Enancial data subm.itted w. h anv cEer bereunder or any oc (b) of the certi5 cation has been deleted or modif:ed. Where (a)(2) it rep-sentauon conce nine facihties or Snancing will not form a pa" of the certi!.cstion has been deleted or tuodised. the offer will not ba of any resulung contract; provided. however, that af the resulting cdn*
considered for award uniess the oHeror furnisber with the oRer a signed tract contains a clause providing for price reducuon for defecove cost statement which sets ferth in detail the circuestances of the dtsejosure or pricsng data, tne contract pnce wdl b. subject to reducticn af cost and the head of the acenev, or his designet, determines thr.t such dis-or pnung data furnished hereunder as mcomplete, maccurate, or not closure was not made for the purpose of restricting competition.
curren t.
- 11. COVERNMENT.F13RNISHED PROPERTY. No resterial, laber, or
- 19. CRDER OF PRECEDENCE. In the event of an inconsistency be-facibues will be furnished by the Gov rnment unlen othcrwise prc-1*""
P"Sicns of tb sohca anon. the inconsistency shall be, resolved vicrd for in the schcitauen.
by emr.r precedence m the followine oroer: (a) t*te Schecate; (b)
Sohcstanon Instrucuoni and Cor.ciuons; (c) Generai Prov:sionr, (d)
- 12. LABOR INFORMATION. General informataon regardmg the re.
other prosistons of the contrac'. wnetner incorporated by reference or quirements of the b aisa.Hraiey Pubiic Contracts Act (41 U.S.C.
otherwise; and (e) the sper:4 canons.
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IFB RS-SEC-79-350 Page 10 SECTION C - INSTRUCTIONS AND CONDITIONS AND NOTICES TO OFFER 0RS (Continued)
C.20 NOTICE OF REQUIREMENT FOR CERTIFICATICN OF NONSEGREGATED FACILITIES Bidders and offerers are cautioned as follows: By signing this bid or offer, the bidder or offeror will be deec:ed to have signed and agreed ta che provisions of the " Certification of Nonsegregated Facilities" in this solicitation. The certificate provides that the bidder or offerer does not raintain or provide for his employees facilities which are segregated on the basis of race, creed,' color, or national origin, whether such facilities are segregated by directive or on a de fact basis. The certification also provides that he will not maincain sucn segregated facilities. Failure of bidcer or offerer to agree to the certification of nonsegregated facilities will render his bid or offer nonresponsive.
C.21 BID ACCEPTANCE PERIOD Bids offering less than 90 days for acceptance by the Government from the date set for opening will be considered nonresponsive and will be rejected.
C.22 SIZE STANDARD AND PRODUCT CLASSIFICATION It has been determinated that the service described herein is classified under the Standard Industrial Classification Manual as No. 7339 and a concern whose average annual receipts for its preceding 3 fi:; cal years do not exceed $2 million is considered as a small business concern.
C.23 PREAWARD EQUAL OPPORTUNITY COMPLIANCE REVIEWS (FPR 1-12.803-9)
Where the bid of the apparent low respon.
sible bidder is in the amount of $1 million cr more, the bsecer and his known first tler subcontractors which will be awarded sub.
contracts of $1 Ir.:111on or more will be sub.
jeet to full, presward equal opportunity compilance reelews bercre the award of the contract fcr the purpose of cetermining whether the bidder and hla subcontractors are able to comply with the proetsions c! the.
Equal 0;;crtunity clause.
t a w e.
c IFB RS-SEC-79-350 Page 11 i
SECTION C - INSTRUCTIONS AND CONDITIONS AND NOTICES TO 0FFER0RS (Continued)
C.24 NONDISCRIMINATION BECAUSE OF AGE (FPR l-12.1001)
It is the p~olicy of the Executive Branch of the Government that (a) contractors and subcontrac~. ors engaged in the performance of Federal contracts shall not, in connection with the employment, advance. ment, or discharge of employees or in connection with the terms, conditions,
~
or privileges of their employment, discri inate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory recuirement, and (b) that contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations, or advertise for employment unless the specifieCmaximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.
C.25 COST OF BID PPE?APATIO.7 This solicitation does not commit the Government to pay any costs incurred for the preparation of Bids or for necessary studies or designs for the preparation thereof; nor to procure or contract for the articles or services shown under SECTION E herein. It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed procurement.
C.25 OTHER CONTRACTUAL COMMITMENTS The offeror shall list any commitments with other agencies, governmental or private and indicate whether these commitments will or will not interfere with the completion of work and services contemplated under this proposal.
C.27 LISTING OF EMPLOYMENT OPENINGS ( FPR l-12.1102-2)
Bidders and offerors should note that this solicitation includes a provision requiring the listing of employment openings with the local office of the Federal-State employment service system where a contract award is for $2,500.00 or more.
C.23 TYPE OF CONTRACT It is contemplated that a fixed-price requirements contract (s) will be.
awarded. The contract will include all applicable tems and conditions as prescribed by the Federal Procurement Regulations (FPR). Standaro Form 32, General Provisions (April 1975 edition) and FPR changes and NRC additions to Standard ~orm 32 (June 1976 edition) are attached hereto as Attachment 2 and will fom a part of any resultant contract.
+
~.
5
i IFB RS-SEC-79-3SO Page 12 l
SECTION C - INSTRUCTIONS AND CONDITIONS AND NOTICES TO OFFER 0RS (Continued)
C.29 SECURITY CLEARANCE It is expected that the perfomance any resultant contract (s) will require l
access to classified infomation. A Secret Facility and a Top Secret Personnel Security Clearance is required for work performed under any resulting contract (s).
The resulting contract (s) will involve access to Restricted Data. The Comission may authorize initiation of the work on an unclassified basis pending completion of such clearance.
C.30 BIDDERS QUALIFICATIONS (a) Bidders must be regularly engaged in the stenographic reporting business and have adequate personnel and facilities, including equipment, in the Washington, D.C. Metropolitan Area to assure satisfactory completion of the tems and conditions of this contract.
Inasmuch as the service contemplated by this solicitation is of such a nature that delays, errors, and other forms of unsatisfactory perfomance would jeopardize the interests of the Commission, bidders who submit bids in response to this solicitation may be required to furnish evidence of their experience in satisfactorily reporting proceedings of the type covered by this contract. The subject matter to be recorded at the adjudicatory hearings and oral arguments before Atomic Safety and Licensing Boards and Appeal Boards, and at meetings of the Advisory Committee on Reactor Safeguard: and other advisory committees is very complex and of a highly technical nature primarily in the field of nuclear reactors and nuclear energy.
Less technical but equally demanding are meetings, often extremely informal, to be recorded in compliance with Government in the Sunshine, portions of which may be highly sensitive. Also sensitive are personnel security interviews conducted by the Division of Security which must always be recorded in a situation of utmost confidentiality. Workshops conducted by the Office of
.c,
State Programs or other offices are held in various locations throughout the country which often require multiple, simultaneous reporting. In addition bidders may be required to furnish evidence of their business reliability, their financial responsibility, and their physical means (including equipment) to undertake the job and properly perform the work. Further, the bidder must be able to demonstrate that it can, primarily with its own employees or individuals currer.tly under direct contract with the bidder perform work which may be necessary for the successful bidder (s) to cover eight to ten hearings and/or meetings being conducted on the same day (s) at different locations.
The successful bidder (s) must possess the capability to perform 90% of the work with its own er:ployees or individuals currently under direct contract with the bidder (s).
(b) A preaward onsite survey of the bidder's. facilities, equipment, etc. in accordance with FPR l-1.1205.4 may be made by representatives of the Commission for the purpose of determining whether the bidder is responsible within the meaning of FPR l-1.1202 and whether the bidder possesses qualifications that are conducive to the production of work that will meet the requirements, specifications, and provisions of this solicitation. Also, if requested by the Commission, the prospective contractor (s) may be required to submit statements within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> after such request: (i) concerning its ability to meet any of the minimum standards set forth in FPR l-1.1203, (ii) samples of work, and (iii) the names and addresses of clients, Government agencies and/or commercial fims which the bidder is now doing or has done business with.
g e -o o wP ammmoe
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IFB RS-SEC-79.-350 Page 13 i
SECTION C - INSTRUCTIONS AND 23NDITIONS AND NOTICES TO 0FFERORS (Continued)
C.31 ESTIMATED REQUIREMENTS Based upon past experience, it is estimated that there will be between 1,200 and 1,400 hearing days which will be required to be reported during the term of any resultant contract (s); they will be divided between hearings and oral arguments by the Atomic Safety and Licensing Boards and Appeal Boards (15% in the Washington, D.C. Metropolitan 1.rea; 85% at various other locations throughout the continental United States including Puerto Rico but excluding Alaska and Hawaii); meetings of the Advisory Committee on Reactor Safeguards (16% in the Washington, D.C. Metropolitan Area; 84% in other continental locations, as previously stated); meetings of the Commissioners in compliance with Government in the Sunshine (100%
in the Washington, D.C. area); and other meetings, such as security interviews, preproposal conferences, press conferences, public workshops, etc. (80% in in Washington, D.C. Area; 20% in other continental locations, as stated above). The quantity of pages shown for e'" item and/or subitem listed in the Schedule of this solicitation are estimates rf the amount of work which may be required pursuant to the foregoing. Suct estimated quantities to be ordered will depend entirely upon the Commission's requirements for its Headquarters operations, and the Co= mission will be cbligated to pay only for work actually ordered and satisfactorily performed.
If such requirements of the Commission fail to materialize in the quantities estimated, such failure shall not constitute grounds for equitable adjus' ment hereunder.
If such requirements of the Commission exceed the estimated quantities, additional funds will be provided by unilateral modification to the contract and the work shall be performed at the rates specified in the Schedule.
C.32 MATERIAL AVAILABLE FOR VIEWING 5-
)
Examples of the highly technical nature of the transcripts produced and furnished at previous hearings and meetings will be available for examination by the prospective bidders during the period allowed for the submission of bids at the following location:
Nuclear Regulatory Co= mission Public Document Room 1717 "H" Street Washington, D.C.
(8:15 a.m. - 5:00 p.m.)
C.33 DEFINITIONS (a) The term " stenographic recorting" means the reporting of spoken words recorded by the reporter at nearings by means of stenographic notes or by his directly recorded dictation or his monitored direct recording and the typed reproduction thereof.
(b) The term "Headouarters" means the Commission offices located in Bethesda, Rockville, and Silver Spring, Maryland, and in downtown Washington, D.C.
O MG
$8 &n
IFB RS-SEC-79-350 Page 14 SECTION C - INSTRUCTIONS AND CONDITIONS AND NOTICES TO 0FFERORS (Continued)
C.33 DEFINITIONS (Continued)
(c) The term "hearinos" may include, but not necessarily be limited to, any and all public nearings conduct.ed by the Nuclear Regulatory Commission (NRC) for its Headquarters operations on regulatory matters including industry conferences, committee meetings, and press briefings conferences.
The term " hearings" shall be construed to include proceedings for the taking of depositions related to hearings on regulatory matters and any other proceedings deemed necessary by the Commission.
t (d) The term "Washincton D. C. Metrocolitan Area" means and includes.
the area within a 30-mile racius of the Zero milestone in the District l
of Columbia.
(e) The term "mimecerached" shall include duplication by various processes including ditto, hectograph, mimeograph, Xerox, etc.
(f) The term "recular hours" means those hours between 9:00 a.m.
'. and c:00 p.m. Moncay througn Friday, excluding legal Federal Govern-ment holidays.
(g) The term "non-recular hours" means those hours worked after 6:00 p.m.
on a given day through 9:00 a.m. the following day and includes all work performed on Federal Government holidays and on all Saturdays and Sundays.
(h) The term " session" means a reporting unit or part of a hearing for which a hearing transcript is required to be delivered hereunder.
C.34 MULTIPLE AWARD The Government reserves the right to award more than one contract' as a result of this solicitation.
Any bidder who fails to either insert a definite price.or-indicate "no charge" in the blank space provided for each item (s) and/or sub-i item (s) listed in the Schedule within a particular lot shall be nonresponsive to the solicitation for that lot and his bid for that lot shall be rejected. Unless expressly provided for herein, no additional snarge will be allowed for work performed under the contract other thar the unit prices stipulated herein for each such item and/or subitem.
C.35 NOTICE OF INCREMENTAL FUNDING It is anticipated that any contract (s) awarded as a result of this Solicitation will be on'an Incrementally Funded basis. The Contractor will be advised of the total amount funded and the period of funding at the time of contract (s) award (see SECTION J Subsection J.20).
O 4
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IFB RS-SEC-79-350 Page 15 SECTION D - EVALUATION OF BIDS D.1 EVALUATION OF BIDS' FOR MULTIPLE AWARD In addition to other facto s, bids will be evaluated on the basis of advantages or disadvantages to the Government that might result from making more than one award (multiple awards).
For the purpose of makirg this evaluation, it will be assumed that tne sum of $100 would be the administrative cost to the Government for issuing and administering each contract awarded under this invitation, and individual awards will be for a Lot and combinations of Lots which result in the lowest aggregate price ta the Government, including such administrative costs.
Award may be made for a single lat or more than one lot as follows:
A.
LOT #1 only (Items 1, 2 and 3)
B.
LOT #2 only (Items 4, 5 and 6)
C.
LOT #3 only (Item 7)
D.
LOTS #1 and 2 only (Items 1 through 6)
E.
LOT 5 #1 and 3 only (Items 1, 2, 3 and 7)
F.
LOTS #2 and 3 only (Items 4, 5, 6 and 7)
G.
LOTS #1, 2 and 3 (Items i through 7)
Award (s) will be made to the lowest responsible, responsive bidder (s)
- e.,
on either a single lot or multiple lot basis.
G 0
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sT4 Nano rotu 36, utv 1966 lM. NO. CP DQ:. SfMG C 4.M ggg gp omne si, viers AowestutiON CONTINUATION SHEET lIFB RS-SEC-79-350 16 39 no. no. uO. si eni i.i..ici MAMI CP CetADA CR CONT &AcrCa ntu No.
SU'PtlES/5ERY:CES QUAN'1TY UN:7 UNIT PR13 McuNT PART II - THE SCHEDULE ~
SECTION E - SUPPLIES / SERVICES & PRICES LOT # 1 ESTIfMTED 1.
SERVICES (a) Furnish an original (typed or mimeographed) of records of hearings to the Nuclear Regulatory Commission for activities from Atomic Safety and Licensing Boards, Atomic Safety and Licensing Appeal Boards, the Advisory Connittee on Reactor Safeguards, and Commissioners' meetings under the requirements of Government in the Sunshine as follows:
(Quoted price per page, only.)
Recular Hours 3.00 3,000.0 o
- i. 10-day copy 1,000 pg 3
ii. 5-day copy c.,000 pg S 3.25 3 16,250. l0 iii. Daily copy (8:15 a.m. next day) 173,270 pg S a.00 3 A 9 3,0 PO, 00 iv. 5-hour copy 9,735 pg 5 6.00 50,a16, 00 (b) Furnish each additional copy,if ordered before transcription as follows:
- ~O 2'000*0 i
-t 1.
10-day copy 10,000 pg ii. 5-day copy 20,000 pg
.20
$ 4,0 0 0. 0 ~
iii. Daily cooy (8:15' a.m. next day) 470,016 pg 9m
$ 117, nn a 00 iv. 5-hour copy 8,576 pg
.2ra
$ 2,laa.0 W
SA h l&* I9119*4 m g $969 goggs-gg3
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{ of aff. NO. OF DOO SE1NG CONTD.
PAGE STANDARD FOltM 36, NLY 1966 ci~nn suvices Aow~iswou CONTINUATION SHEET IFB RS-SEC-79-350 17 \\ M sw.no:uc.sicm i.i w tw or offEADA CA CONTEA;Toa ITEM NO.
SUPPUE5/5ERvl35 CUANTfW UNfT 8H1T PRIO AMOUNT ESTIMATED LOT #1 (Continued) 2.
SERVICES (a) Furnish an original (typed or mimeographed) of records of hearings 7b the Nuclear Regulatory Comission for activities from Atomic Safety and Licensing Boards, Atomic Safety and Licensing Appeal Boards, the Advisory Comittee on Reactor Safeguards, and Comissioners' meetings under the requirements of Government in the Sunshine as follows:
(Quoted price per page, only.)
Non-Recular Hours i.
10-day copy 1,000 pg
$ 3.00 3 3,000.0' ii. 5-day copy 1,000 pg
$ 3.25 s 3,250 or iii. Daily copy (8:15 a.m. or 9:00 a.m. next 4.25 42,500.r 9 day) See SECTION H, Subsection H.1, c.,
d., and f.
10,000 pg 7.00 1,500.09 1v.
5-hour copy 500 pg 5 (b): Furnish each additional copy if ordered before transcription as follows:
i.
10-day copy 200 pg 20 40 00 ii. 5-day copy 200 pg $.20 3
A0.00 iii. Daily copy (8:15 a.m. or 9:00 a.m. next day) See SECTION H, Subsection H.1, c.,
'5 6~'*50 3
d., and f.
250 pg 50.00 iv. 5-hour copy 200 pg
.25 3
Regular Hours 3.
Furnish a 5-day original (typed or mimeographed) of a transcript page produced under Items 1 and 2 required to be retyped for reasons other than i defective delivery (Quoted price per page, only.)
500 pg
$ 2.00 3 1,000.0 1-TOTAL AGGREGATE AMOUNT BID FOR LOT #1 749,936,50 (Sum of Items 1, 2 and 3 above).............
36 1C8 cas-es-P.sse.e s.o a o est.-as -.as
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P CONTINUATION SHEET E',',h". M"fy,W."^ffa IFB RS-SEC-79-350 39 s
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nu no.
surrutsistavas ouannY UNG UN3 Mc MOUNT LOT #2 ESTIMATED 4.
SERVICES (a) Furnish an original (typed or mimeographed) of
~
records of hearings to the Nuclear Regulatory Commission for activities from Division of Security (personnel security interviews),
Division of Contracts (preproposal conferences),
Of-fice of Public Affairs (press conferences),
Office of Standards Development and Office of State Programs (public meetings and workshops) and other similar activities as follows:
(Quoted price per page, only.)
Re;ular hours i.
10-day ccpy 412 pg 5 3.00 s1,236.00 3.25 5 16,692.0 )
ii. 5-day copy 5,135 pg iii. Daily copy (8:15 a.m. next day) 5,984 pg 4.00
$23,936.0 )
iv. 5-hour copy 250 pg 5 6.00 s1,510.00 (b) Furnish each additional copy if ordered before transcription as follows:
- i. 10-day copy 500 pg 5
+29
$'99 99 ii. 5-day copy 400 pg
.?q
$ eq.no iii. Daily copy (8:15 a.m. next day) 350 pg 5
.25 s 97.50 iv.
5-hour copy 100 pg 5
.25 s 25.00 I
a-iea u,-..-...
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cim.*i urwets tomsrunca CONTINUATION SHEET no. reo:. mio. si on2 i-i+.m IFB RS-SEC-79-350 19 39
,eAMA CP CNEJrca CR CONT 4 ACTO 4 ITEM NO.
$UPPuf 5/$t1Vic's CUANTT!Y UNrf UNTT PAK2 AMOUNT ESTIMATED LOT f2 (Continued) 5.
SERVICES (a) Furnish an original (typed or mimeographed) of records of hearings to the Nuclear Regulatory Coninission for activities from Division of Security (personnel security interviews),
Divisien of Contracts (preproposal conferences),
Office of Public Affairs (press conferences),
Office of Standards Development and Office of State Programs (public meetings and workshops) and other similar activities as follows:
(Quoted price per page, only. )
Non-Recular Hours
- i. 10-day copy 100 ag 5 3.00
$ 100.00 ii. 5-day copy 250 ag
$ 3.25
$ 912.50 iii. Daily copy (8:15 a.m. or 9:00 a.m. next day) See SECTION H Subsection H.1, c.,
d., and f.
500 ag S e.25 3 2,125.00 iv. 5-hour copy 150 ag
$ 0 0
$ l>050 0I (b) Furnish each addi.tional copy if ordered before transcription as follows:
- i. in-ifay copy 300 ag
$.20
$ 61. 00 ii. 5-day copy 500 ag
$.20
$100.00 iii. Daily copy (8:15 a.m. or 9:00 a.m. next day) See SECTION H, Subsection H.1, c.,
d., and f.
300 ag $.25
$ 75.00 iv. 5-hour copy 100 ag
$.25
$ 25.00 Reoular H urs
~
6.
Furnish a 5-day original (typed or mimeographed) of a transcript page produced under Items 4 and 5 required to be retyped for reasons other than defective delivery (Quoted price per page, only.)
300 ag
$ 2.00
$ 600.00 TOTAL AGGREGATE AMOUNT BID FOR LOT #2 M
0/.0 1 (Sum of Items 4, 5, and 6 above).............
5 3.
~
r' STAN0AAD FORx 36. NLY 1966
^
l CONTINUATION SHEET fEisfE2'h'fi.Y.Sfo" IFB RS-SEC-79-350 20
' 39
- c, onuon on co,ca,o=
rTIM No.
SUPPL;15/5ERYI35 ouANTrTY UNIT UNff FRic AMOUNT I
ED LOT #3 7.
SERVICES Furnish an original (typed or mimeographed) of material recorded by the Nuclear Regulatory Coninission on magnetic media (tape to tape reel, mini or standard cassettes and belts) to the Nuclear Regulatory Commission as follows:
(Quoted price per page, only.)
Reaular Hours 1.
20-day copy 50 pg
$ 2.00
$ 100.00 ti.
10-day copy 50 pg
$ 2.00 3 100.N 9"*2c 15 7 5
- Y~
iii. 5-day copy 700 pg
^
iv. Daily copy (8:15 a.m. next. day) 50 - pg
$ 3.00
$ 150.00 TOTA!. AGGREGATE AMOUNT BID FOR LOT #3 (Item 3 above)..............................
$ ',9 25.or NOTE: No costs for stenographic reporting shall be included for prices bid for:
Item 1 (b)
Item 2 (b)
Item 3 Item 4 (b)
Item 5 (b)
Item 6 Item 7 I
W 36 105 co-ee-rou -.
tre : sses e-esi e.a
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IFB RS-SEC-79-350 Page 21 1
SECTION F - DESCRIPTIONS / SPECIFICATIONS F.1 The Contractor shall furnish Stenographic Reporting Services for hearings in the continental United States including Puerto Rico but excluding Alaska and Hawaii as may be required to be reported for the U.S. Nuclear Regulatory Commission's Headquarters (NRC) operations. The Commission agrees to order from the Contractor all of the Commission Headquarters requirements for the services described herein, except however, at the discretion of the Commission for certain closed meetings of the Commissioners.
In addition, the Commission mcy or may not use the Contractor for joint hearings held with other Federal, State or Local Government Agencies, whichever is in the best interest of the Commission. The Commission at all times shall have the right to reproduce transcripts furnished under this contract, or copies thereof, when such reproduction is deemed necessary. The Contractor agrees to furnish the services set forth herein when ordered by the Commission.
Your attention is directed to Clause 11, Paragraph (a), of the General Provisions entitled " Default" which establishes the criteria for default of a Contractor and the liability of the Contractor to the Government.
a.
Performance. The Contractor shall promptly provida as many competent stenograoners and maintain such staff and equipment as may be necessary for the furnishing of satisfactory transcripts in accorcance with the requirements of this contract. All. work shall be performed in a business-like manner.
It shall conform to the best standards uof the reporting profession.
b.
Suoervision. The Contractor, or the duly authori:ed employee, agent, or representa:1ve of the Contractor, shall present himself to the person in charge of toe proceedings and he shall at all times be governed by the irstructions of the Presiding Officer in matters affecting the compcsition of tne record, adjournment to other times or place, and matters of like character.
c.
Recortinc. Everything spoken during a hearing shall be reported and incorporated into the transcript unless the Presiding Officer otherwise directs.
This shall include a record of appearances, with the names and identification of the parties who actually testify or speak at the proceedings or who request the entering of their appearance, together with such other matters as may be directed by the Presiding Official to be included. Nothing spoken at the proceedings shall be "off the record" unless so designated by the Presiding Officer. No part of +,he proceedings, notes of which have been taken, shall be omitted from the f ecord unless the Presiding Officer so directs. A full and m
complete verbatim record shall be made and transcribed.
d.
Recess.
Upon notification by the reporter for a request to recess in order to replace paper, tape or other necessary materials used in performance of the,
work, the Presiding Officer shall grant such a request and order a recess for a reasonable time.
e.
Accuraev.
(1) It shall be the responsibility of the Contractor to furnish complete transcripts which accurately reflect the full and complete verbatim record of the hearing.
If electronic sound devices are used, they must be of such quality as to insure against error, misinterpretation, or loss of voice.
Equipment must be operator monitored and include simultaneous playback, listening, pre-amplification and speaker identification facilities.
d
.e
++e
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IFB P.S-SEC-79-350 Page 22 i
SECTION F - DESCP.IPTION/ SPECIFICATIONS (Continued)
(2) Uhere errors i ttributable to the Contractor's perfort:ance appear in the tre.tscript (i.e., those which change or obscure the.
meaning of th; testimony, but not including typographical errors or l
misspelling, if the intended meaning is clearly evident, such as j
"thier" for "their" or "teh" for "the", etc.) in the excess of one j
(1) error per 100 words of transcript the Commission may de=and and the Contractor shall correct the errors and furnish corrected trans-cripts within five (5) calendar days af ter reccipt of notification, and without additional cost to the Cor=nission for same regardless of the delivery time the original order specified.
f.
Format (1) Transcriotion. Transcripts shall be typed with black one-time carbon ribbons on 20-pound rag bond or ecual. Carbon copies must be on 20 pound manifold paper and have a clear, tharp, black image. All transcripts furnished to the Commission must be suitable for high quality reproduction on copying or duplicating equipment. Paper shall be 8-1/2 in. x 11 in. in I
size, with a margin of 1-3/4 in, at the left-hand side and a margin of 3/8 in.I at the right-hand side. Paper to be used will be subject to approval by the Ccmmission. Typing shall be ten (10) spaces to the inch, double-spaced.
Wnenever testimony is continuous, requiring more than one line, the typing shall begin as close as possible to the left ruled marginal line, words to be procerly hyphenated when necessary. Pages necessarily containing less than 25 lines shall be charged and paid for at the full page rate. No payment will be made for lines in excess of 25 lines to the page. Numbers indicating each line of transcription upon page; i.e.,1 to 25 inclusive, shall be printed at the left marginal line of the original transcript.
j (2) ' Indexing.
In the original and each copy of the transcript the title page snowing name, docket number, place and date of proceedings, appearance, i
location, etc., shall be followed by a page or pages i
indexing the witnesses and exhibits to testimony. Each transcript shall include one complete cumulative index of witnesses and exhibits. The index shall indicate the pages devoted to the testimony of the witness, and shall indentify the exhibits by nt=ber and symbol s h wing what party introduced them and give a brief description of the nature of the exhibit.
(3) Pacina ti en. The paging of the transcript shall be in a single series of consecunve nur. bering regardless of the nember of days of the hearing.
The paging of the transcr.ipt of a further hearing shall follow consecutively the paging of the last previous hearing in the same proceeding, unless otherwise directed by the Presiding Officer. Page nt=bers are to be placed at the top of each page.
I (4)
Covers. Each copy of the transcript furnished shall be bound with covers of good quality, white or colored 140-pound index paper, No.1 sulphite paper, neavy weight transparent plastic, or similar material approved by the Ccmission.
I (5) Binding. Transcript shall be ounched with three (3) round 1/4 in, holes 4-1/4 in. center-to-center, and shall be bound in such a manner that it can be disassembled and reassembled with ease.
.I
IFB RS-SEC-79-250 SECTION F - DESCRIPTIONS / SPECIFICATIONS (Continued)
(5) Bindino (Continued)
The contractor shall punch and bind with the record, in the order of its submittal, such documents (s) which is/are accepted for such purpose by the Presiding Officer for the record, it being understood that the Presiding officer will not so accept any material not of suitable sice for the record. Such material, if any, not of suitable sica shall be so desingated as not part of the transcribed record and be handled sep-arately as an exhibit.
g.
Legibility When ribbon copy is requested (or is the method used in transcribing),
the original shall be typed in black on white paper and clearly legible, wi:h black carbon for making copics.
In the event the Co= mission or
- Presiding Officer finds one or =cre copies to be illegible or un-reproducable, the Contractor agrees to correct same or replace with acceptable copies within five (5) days af ter receipt of notifica:ica, and withou:
addi:ional cos: to the Co==ission for such replace:en:.
h.
Authentication The original of.:he transcript shall be authenticated by the Official Reporter by a certificate page in for= to be apprc' red by the Con:racting
~
Officer, substan:ially as follows:
"This is to certify that the attached proceedings before the in the ca::er of:
(Nane of Proceedin;)
e.
l (Docket Nucher)
(Place of Proceeding)
(Date of Proceeding)
~
were held as herein appears, and that this is the original transcrip: thereof for :he file of the Co==ission.
/s/
(Signature Typed)
Official Reporter 1.
Exhibits 1
(1) Exhibits in connection with the hearings shall, unless otherwise direc:cd by the Presiding Officer, be marked and numbered or le: ered by the reporter, arranged by him in nu=crical or alphabe:ical order and transmitted with the transcript to which they relate. The marking shall indicate c1carly by whom the exhibit was offered.
Such documents shall not be copied into the record unless :he Presiding Officer so directs; the Presiding Officer may, at. his discretion, direct that such documents be read or copied into the record in part or in full.
(
(
'IFB RS-SEC-79-350 Page 24 SECTION F - DESCRIPTIONS / SPECIFICATIONS (Continued).
- 1. Exhibits (Continued)
If any document is withdrawn, or for any other reason is not filed with the transcript, a memorandum shall be inserted by the Contractor in the place of the document stating its nature, how nu=bered or letter-ed and marked, and the reason for its absence. The number of exhibits l
introduced at the proceeding or in a reopened case shall follow conse-cutively the number en the past previous. exhibit introduced by such party.
(2) Subject to direction of the Presiding Officer the reporter shall have custody of the hearing record including exhibit material in other than documen:ary form admitted under applicable rules. Any requirement
, for the special handling of any such exhibit ma:erial in other than documen:ary form ordered by the Presiding Officer shall' cons:itute a change within the meaning of the clause hereof entitled " Changes".
(3) Unless otherwise provided by the Presiding Officer, a?.1 exhibit material in the custody of the reporter shall be turned over to the Secretary of the Co= mission or his represen:stive a: the completion of the hearing, acconpanied by an inven:ory sheet of such exhibit material.
J.
Po~s:cene=en ts If a proceeding has been noticed for hearing and is called but not_
heard at the time and place indica:ed in the notice, I
.a record.shall nevertheless be sritten with a ti:le page and list of the persons desiring :o record their appearances, together with a memorandu: of the date hour, and place at which the hearing was called s
and a statemen: showing what action was taken. If the Presiding Officer or other offi:ial is present and an official reason is stated why the hearing was not held as scheduled, such. reason shall be included in the record.
If no official reason is stated, the reporter shall, be-fore transcribing the record, ascer:ain fron the Presiding Officer, other hearing official, or the counsel for the Co==ission, the reacrn why such hearing was not held as scheduled and insert such statement and
\\
_ identify the indi.vidual source jn_the.. record _to_be._ transcribed._The_ Contractor
_.shalLbeJaid for each page involving a postponement in accordance with the contract schedule. for the type of delivery ordered.
'l k.
Cancellation of Meetinc:
The Government will notify the Contractor of a neeting or hearing cancel-lation inside the Washington,DC Metropolitan area prior to 5:00 p.m. of the calendar day preceding the hearing or meeting. The Government will notify the Contractor of the meeting or hearing cancellation outside the Washington, DC Metropolitan area one (1) calendar day prior to the scheduled hearing or meeting.
(
IFB RS.SEC-79-350 Page 25
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SECTION F - DESCRIPTION / SPECIFICATIONS (Continued)
F.2 WORK ORDERS Orders for services required hereunder will be placed or issued by the i
Contracting Officer or his authorized representatives at least 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> before the start of n hearing except when the hearing is to be held in the' Washington, D.
C., Metropolitan Area, in which case the Contractor's l
reporter may be required to be at the hearing site within two hours j
after being notified by the Contracting Officer or his authori:ed repre- '
sentative. Work orders will normally be written but may, on occasion, be oral in which event the order will be confirmed in writing.. Work Orders will set forth the time, date, and place of the hearing, the type of hearing, the title or subject of the proceeding, the esti=ated duration, the number of copies required, the delivery schedule, and special delivery instruction, if any, including names and addresses of recipients for hand or call delivery.
SECTION G - PACKAGING AND MART,ING G.1 Material to be delivered under any resultant contract shall be afforded the degree of packaging (preservation and packing) required to prevent deterioration and/or damages due to hazards of shipment, handling, and storage. Such packaging shall be accomplished in such a manner as to insure acceptance by common carrier and safe delivery at destination.
Containers and closures shall comply with the regulations of the carrrier as applicable.to the mode of transportation.
E' G2 MARKING OF SHIPMENTS All packages shall be clearly marked wi-h the work order number and content, such as: " Hearing Transcripts or Industry Conference i
Transcripts," or " Press Conference Transcripts", as applicable.
]
I SECTION H - DELIVERIES OR PERFORMANCE H.1 TIME OF DELIVERY AND PLACE a.
10-day coov.
When the Contractor is directed to deliver 10-day
~i ; !
copy as specified in subitems a. 1. and b. i. of Items I, 2, 4 and 5 and subitem ii. of Item 7, delivery of tSe record of the hearing shall be deemed to have been effected properly when the required number of transcripts of the hearing are either (1) delivered to the recioients designated in the work's~
order, and/cr (2) placed with the U. S. Postal Service for tail-ing to the recipient designated in the work order, in either case so as to arrive by the tenth calendar day after each daily rececs of the
, hearing including the final day of the hearing.
=h h emeaw w en.-sur e e-
(
IFB P.S-SEC-79-350 Page 26 SECTION H - DELIVERIES OR PERFORMANCE (Continued)
H.1 TIME OF DELIVERY AND PLACE (Continued) b.
5-day cony. When the Contractor is directed to deliver 5-day copy as spec 1fiea in subitems a.11. and b. ii. of Items 1, 2, 4 and 5, Items 3 and 6, and subitem iii. of Item 7, delivery of the record of the hearing shall be deemed to have been effected properly when th'
- required number of transcripts of the hearing are either (1) delivered to each recipient designated in the work order and/or (2) placed with the U. S. Postal Service for mailing to each recipient designated in the work order, in either case so as to arrive by the fifth calendar day after each daily recess of the hearing including the final day of the hearing, c.
Daily Cocy (For hearines held at locations other than the Washincton.
D. C.. Metrocoiltan Area). When ne Contractor is airecteo to cellver cally copy as specifiea in subitems a. iii. and b. iii. of Items 1, 2, 4 and 5, and subitem iv. of Item 7, delivery of the record of each day's hearing shall be deemed to have been effected properly wher the required number of transcripts of the day's hearing are either (1) delivered to each recipient designated in the work order at the hearing site (or other place (s) in the vicinity as directed) by 8:15 a.m. of the day following the hearing, or (2) if the hearing is not scheduled to continue the following day, delivered to those recipients designated in the work order who are present, at the hearing site (or other place (s) in the vicinity as directed by said recipients) by 8:15 a.m. of the day following the hearing, but if the recipients have
_c,
left the hearing site or other place in the vicinity (3) delivered to the recipients designated in the work order at such time and place as they direct, but in the absence of such direction, to the Headquarters office identified in the work order by 8:15 r.m. of the first nomal work day after the hearing was adjourned.
d.
Daily Cooy (For hearinas held in the Warhinaton, D. C., Metrooolitan Area).
When tne Contrac*,or is direcrea to deliver caily copy as specified in subitems a. iii. and b. iii. of Items 1, 2, 4 and 5, and subitam iv. of Item 7, delivery of the record of each day's hearing shall be deemed to have been effected properly when the required number of transcripts of the day's s
hearing are either (1) delivered to each recipient designated in the work order at the hearing site (cr other place (s) in the vicinity as directed) by 8:15 a.m. of the day following the hearings, and/or (2) delivered to the Headcuarters office identified in the work order or (3) if the hearing is not to continue the following day, delivered to the Headquarters office identified in the work order, by 8:15 a.m. of the first normal working day after the hearing.
w e
(
IFB RS-SEC-79-350 Page 27 l
SECTION H - DELIVERIES OR PERFORMANCE (Continued)
~
H.1 TIME OF DELIVERY AND PLACE (Continued) e.
5-hour copy (Recardless of location of the hearing). When the Contractor is directed to deliver 5-hour copy as specified in subitems a. iv. and b. iv.
of Items 1, 2, 4 and 5, delivery of the record of each session shall be deemed to have been effected properly when the required number of transcripts of such session is delivered to each recipient designated in the work order at the location of tne hearing (or other place (s) in the vicinity as directed) within five hours aftar the close of each session of the hearing, or (2) if the hearing is not st rjuled to continue the following day, delivered to the recipients designated in the work order at such time and place as they direct, but in the absence of such direction, to the Headquarters office identified in the work order by 8:15 a.m. of the first normal work day after the hearing was adjourned.
f.
Evenino Sessions.
(1) If any hearing for which daily copy has been requested is in session after 6:00 p.m.
of any day, the Contractor shall deliver that portion of the transcript which would reflect the session:
(a) Prior to 6:00 p.m. on or before 8:15 a.m. the following day for hearings held in the Washington, D.C., Metropolitan Area, and by 9:00 a.m. of the following day for hearings held at locations other than the Washington, D.C., Metropolitan Area pursuant to the provisions of paragraph c or d as applicable.
(b) After 6:00 p.m. (evening session) within 15 hours1.736111e-4 days <br />0.00417 hours <br />2.480159e-5 weeks <br />5.7075e-6 months <br /> after
~>
the close o. each session.
(2) No extension of time will be allowed for 5-hour, 5-day, or 10-day delivery because of evening sessions.
g.
Allowance for Distance.
For any hearing held more than 1000 rail miles
~
from tne Washington, D.C., Metropolitan Area, the Contractor will be allowed an additional 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />' time (including Saturdays, Sundays, and legal Federal Government holidays) in which to complete delivery for 10-day and 5-day copy.
h.
Allowance for Delivery Dates Falling on Sundays or leoal Federal Government Holicavs.
If the time for delivery falls on a. Sunday or on a legal Federal Government holiday, delivery shall be completed on the following Federal Government business day at the same hour as delivery would have been required had the delivery day not fallen on Sunday or a legal Federal Government holiday. This subparagraph h is not applicable to daily copy and 5-hour copy unless delivery has been otherwise directed as provided in paragraphs c.(3) and e.(2).
_. ~ -
[
IFB RS-SEC-79-350 Page 28
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SECTION H - DELIVERIES OR PERFORMANCE (Continued)
H.1 TIME OF DELIVERY AND PLACE (Continued)
- i. Adjourned Hearinos.
In the event a hearing is continued, adjourned or recessed and a period of three calendar days or more (Sundays and legal Federal Government holidays excluded) elapses between the date of adjournment and the date of hearing is resumed, ec:h adjourned hearing shall be considered as a separate hearing for the purpose of computing the time for delivery of the transcript.
- j. 20-day cooy. When the Contractor is directed to deliver 20-day copy as specified in subitem i. of Item 7, delivery of the record of hearing shall be deemed to have been effected properly when the required number of transcripts of the hearing are either (1) delivered to the recipients designated in the work order, and/or (2) placed with the U. S. Postal Service for mailing to the recipient designated in the work order, in either case so as te arrive by the twentieth calendar day after the effective date of the work order.
H.2 DURATION OF CONTRACT o
Performance under any resultant contract (s) shall begin on the effective date of the contract and continue for two (E) years thereafter, SECTION I - INSPECTION AND ACCEPTANCE I.'
Preliminary inspection and acceptance of the materials and services set forth herein shall be made at the places specified in SECTION H, by the Ccmmission's receiving party, out final inspection and acceptance shall be made by the Contracting Officer or his authorized representative.
SECTION J - SPECIAL PROVISIONS J.1 LATE OR DEFECTIVE DELIVERY If the Contractor fails to make delivery within the times as directed, fails to furnish transcripts in accordance with the p-ovisions of SECTIONS F and G above, or fails to correct prcmptly upon notice material deemed by the Contracting Officer's Authorized Representative to be illegible or defective, payment will be at the applicable price as specified in Items 1 through 7 for the actual delivery of acceptable copy, i.e., if daily copy is not delivered by the time specified herein, payment shall be made for such copy at the S-day rate; if the daily copy is not delivered in S days, payment shall be made for such copy at the 10-day rate; and if such delivery is later than 10 days, the price paid shall be computed at the 10-day rate less 10% per day, dcwn to a minimum-
-' ]
of 50%.
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IFB RS-SEC-79-350 Page 29 1
SECTION J - SPECIAL PROVISIONS (Continued)
J.2 COPIED MATTER Any document ordered to be copied verbatim into the transcript shall a.
be paid for at the same rate as spoken testimony. Any document ordered to be added to the transcript as an exhibit or otherwise shall be paid for at the page rate in accordance with additional copies as set forth in the Schedule.
b.
Whenever documentary testimony is accepted by the Presiding Officer for the record and furnished to the Contractor in insufficient numbers, the Contractor shall make the necessary number of copies and shall be paid the page rate in accordance with additional copies as set forth in the Schedule.
J.3 EXPENS'ES OF CONTRACTOR i
I No expenses incurred by the Contractor in the performance of his duties under this contract shall be borne by the Commission, except that:
If, after presenting himself to the Presiding Officer or other person in charge at the time and place of a heari.r.g scheduled to be held outside of the' Washington, D.C., Metropoli can Area, the Contractor is ~
notified that the hearing has been postpened or cancelled, the contractor will be paid a minimum of $50.00 per day and reimbursed for reasonable exoenses incurred by the Contractor incident to its attendance, including transportation and subsistence not to exceed the then maximum per diem allcwance under the Federal Travel Regulations in effect on the date(s) of travel. The Contractor shall, if requested,by the Commission, furnish i
evidence satisfactory to the Contracting Officer that failure to receive the said notice of postponement of cancellation prior to the arrival at i
the hearing site was not due to his negligence.
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IFB RS-SEC-79-350 Page 30 i
SECTION J - SPECIAL PROVISIONS (Continued)
J.4 GUARANTEED MINIMUM The Contractor shall be paid a minimum of $50.00 per day for attending hearings. The guaranteed minimum will not be paid when transcripts ordered at rates quoted herein equal or exceed the guaranteed minimum.
In the event the Government elects to dispenre with the furnishing by the Contractor of transcripts of hearings regardless of how many hours the heardngs have taken, the Government agrees to pay the daily minimum established above for such day.
The guaranteed minimum will also apply in cases when, after presenting himself to the Presiding Officer, or other person in charge, at the time and place of a-scheduled hearing, notice is given the reporter that the hearing has been cancelled or postponed.
In addition, the Government agrees to pay travel and/or per dien allcwance, if applicable (see Subsection J.3).
The Government reserves the right to cancel a hearing without any penalty charges provided the Contractor is given the proper notice specified in SECTICN F, Subsection F.1, subparagraph k.
If proper notice is not given, the guaranteed minimum will apply.
J.5 FAILURE OF CCNTRACTOR TO APPEAR If the contractor does not appear at the place and time specified for a hearing after being notified in accordance with Sabsection F.2. " Work Orders" of the place ar.d time for the scheduled hearing, the Commission representative may call in a substitute reporting firm, and the Contractor shall reimburse the Ccmmission for any extra expense incurred on account thereo f.
The Commission may deduct such expenses from any sum otherwise due the Contractor.
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IFB RS-SEC-79-350 Page 31 CECTION J - SPECIAL PROVISIONS (Continued)
J.6 SALE OF COPIES Except as specified in Subsection J.7.below, the Contractor agrees to a.
sell to the public copies of transcripts or portions thereof covered by this contract. The charges for copies required by the public on a same or longer time basis as ordered by the Commission, shall not exceed the prices paid by the NRC for said copies ordered from the Contractor under Items Ib, 2b 4b and Sb of this contract.
b.
Copies required by the public on a faster basis than required by the Commission will be furnished by the Contractor and charge-for same shall be not more than the unit prices listed in the schedule of charges set forth under Items ib, 2b, 4b and Eb of this contract, plus the diff1rence in the cost of the original copy which would have been charged to the NRC if it had ordered the faster service.
c.
The sale of copies by the Contractor as set forth above shall include all orders by the public whose time requirements cannot be met by the Commission.
J.7 RESTRICTICMS ON DISCLOSURE Tha Commission or the Presiding Officer shall have the right to prohibit the sale of copies of transcript: or portions thereof.
.= m Any information in any form gained in the course of performance of duties hereunder, which is designated by the Presiding Officer as classified or some other restrictive classification shall be governed by the provisions hereof entitled " Private Use of Contract Information and Data", Subsection J.ll and " Records of Exempt Material", Subsection J.17.
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IFB.RS-SEC-79-350 SECTION J - SPECIAL PROVISIONS (Continued)
.J. 8 RECORDS The Contractor agrees that all stenographic notes taken in connection with the services rendered hereunder shall be held by the Contractor subject to the authority and control of the Co= mission until the expira-ti=a they shall be delivered to the Oc= mission. tion of three years after dat J. 9 MATERIALS Where materials are referred to in the specifications as " equal to" any particular standard, the Contracting Officer shall decide the question of equality.
J.10 CHARGES For any hearing that starts during regular hours, the Con. tractor shall charge the Cocaission at the rate (s) stipulated in Ite=s 1 and 4 hereof for the.particular service and cortcuponding delivery schedule listed for the regulir hours category.
If such hearing starts before regular hours or extends beyond regular houts, tha rate (s) set forth in, Items 2 and 5 hereof for service during non-regular hours l
shall be effective; li=ited, however, to that portion of work perfor=ed during non-regular hours.
J.11 PRIVATE USE OF CONTRACT INFORMATION AND DATA Except as specifically authori=ed by this, contract, or as otherwise approved by the Contracting Officer, infor=ation and other data developed or acquired by or furnished the Contractor in the perfor=ance of this contract, shall be used only in connection with the work under this contract.
The contractor shall be responsible for safeguarding frc= unauthorized disclosure any information or other documents and =atarial exe=pt fec=
public disclosure by the Co==ission's regulations and =ada available to the contractor in connection with the perfor:ance of work under this contract. The contractor agrees to confor= to all regulaticac, require =ents, and directions of the Cc==iasion with respect to such =aterial.
The contractor's duties under this clause shall not be construed to 11=1 or affect in any way the centractor's obligation to confor= to all security regulations and require =ents of the Cc==ission pertaining to classified infor=ation and =sterial.
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t IFB RS-SEC-79-250 Page 33 i
SECTION J - SPECIAL PROVISIONS (Continued)
J.12 '
WORKING SPACE AND STORAGE FACILITIES The Cc= mission will supply the Contractor with workino soace'ing Top Secret d
desk or table, a
chair, lights, and storage space with respect to work involv material. The Contractor will, unless otherwise provided, perfors all work involving toD secret imaterial including transcription of reports which contain such material within the Co= mission supplied premises or other approved Covern= enc facilitien and not the place of business of the Contractor.
Confidential and Secret \\ classified material may be worked on at the Contractor's cleared facility.
J.13 ;
COMMISSION PROPERTY All work, including shorthand or longhand notes, stenotype tapes, mecoranda, and =aterial of every description reisting thereto, as well as all copics of :he foregoing relating to the work or any part thereof, shall be the proper:y of :he Covern=ent and say be used by the Co.vernment for any purpose whatcocver without any clain on the part of the Contractor and its subcontractors and vendors,for additional compensation, and shall be delivered to the Covern=ent, as provided in the work order or otheruise disposed of by the Centrac:or as the Contracting.
Officer may frem time-to-time direct. laue Cocmissica retains the right to rep:cduce in full and distribute any transcript received under the i
terms of this contract. The Contractor's right of retent'on and use shall be subject to :he security, patent, and use of information provisions, if any, c. this Con:ract.
j J.14,
SECURITY A.
Contractor's duty to safe 2uard Restricted Data. For=erly Restricted Datc and National e under this con:rac.[ecurits Trformation. In the performance of tne work i
cne contractor snall, in accordance with the Regulatory Cc==ir,f an's securi:y regulations and require =en:a be responsible for cafeguarding.42s:rie:ed Data, Forserly Restric:cd Data, and National Security Informat 3n and protecting against sabotage, espionage, l
Inss, and theft, r:. _Aassified docu= ants and =acerial in the contrac:or's possessien in connection with the per or=ance of work under this
{
Except as otherwise expressly provided in this contract, contract.
f
, the contractor shall, upon completion or ter=1 nation of this coatract, transmit to the Co==ission any classified =at:er in the possession of the j
contractor or any person under the contractor's control in connectica with perfor=ance of this centrace. If recen:ica by the contrac:or of any classified matter is required af ter the ce=pletica or ter=ination of the contrac: and such retention is approved by the Contracting Officer, the Contractor will eceplete a certificate of possession to be furnished to the Nuclear Regulatory Co==ission specifying the classified matter to be retained.
(note A).
If retention is approved by the Con:racting Officer, the security provisions of the contract will continue to be applicable to the atter retained.
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'IFB RS-SEC-79-350 Page 34 SECTION J - SPECIAl. PROVISIONS (Continued)
J.14 SECURITY ^'-"
(Continued) 3.
Reculations. The contractor agrera to conform to all security regulations and requirements of the Coinmission.
C.
De finician of Restricted Data.
The term " Restricted Data," as used in this clause, means all dataEncerning (1) design, manufacture, or utilization of c
atomic venpons; (2) the production of special nuclear =aterial; or (3) tka use of special nuclone materist in the production of energy, but shall not include data declassified or removed from the Restricted Data category pur-to section 142 of the Atomic Energy Ac,e of 1954, as amended.
suant D.
De finitia, of Formeriv_ Restricted Data.
The term "For=cely Restricted Data,
as used in this clause, means all data removed from the Restricted Data category under section.142 d. of the Accr..ic Energy Act of 1954, as amended.
E.
Security clearance of cersennel. The contractor shall not acrnit any indivicual to have access to Restricted Data Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Ccemission's regulations or require-ments applicable to the particular type or category of classified information to which access is required.
r, criminal I t a b i l'i t y.
It is understood that di sclosure of Restricted Data, For=crly Restricted Data, or other classified information relating to'the work or services ordered hereunder to any perton not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or i
any otler classified matter that may come to the contractor or any persen a
under the contractor's control in connection with verk under this contract, may subject the contractor, its agents, employees, er subcontractors to criminal liability under the laws of the United States.
(see the Atemic Ener;y Act of 1954, as amended, 42 U.S.C. 2011 et seq; 18 U.S.C. Sections 792, and 794; and Executive Order 12065, as amended.)
i C.
Subcentracts and ourchase orders. Except as otherwise authori:ed in writing
=
by the contracting of ficer, the contractor shall insert provisions similat j
to the foregoing in all subcentracts and pu,rchase orders under thi: contract.
Note A: The certification shall identify the items and types or estegeries of u.acter retained, the conditions governin5 the retention of the =atter and ~
the period of retention, if known.
H.
The term " classified information" means inferr.ation, including Restricted Data or Formerly Restricted Data, which requires safeguarding in the interest of national security.
I.
The term " National Security Information" means information or matter that is owned by, produced for or by, or under the control of, the United States Government and that has been determined pursuant to Executive Order 12065 or prior orders to require protection against unauthorized disclosure and is so designated.
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IFB RS-SEC-79-350 Page 35
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SECTION J - SPECIAL PROVISIONS (Continued)
J.l E CLASSIFICATION In the performance of the work under this contract, the Contractor shall assign classifications to all documents, material and equipment originated or generated by the Contractor in accordance with classification guidance furnished to the Con-tractor by the Commission. Every subcontract and purchase order issued hereunder involving the origination or generation of classified docu=ents, =aterial or equip-ment, shall include a provision to the effect that in the perfor=ance of such subcontra~et or purchase order the subcontractor cr. supplier shall assign clas.sifica ;
tions to all such documents, material and equipment in accordance with classificatient guidance furnished to such subcontractor or supplier by the. Contractor.-
J.16 SECURITY CLASSIFICATION A.
The highest classification applicable to the service to be furnished under this contract wil.1 be TOP SECRET, National Security Information, including Restricted Data. The contract' Security / Classification Requirements are set forth in NRC Form 187, attached hereto as Attachment 3.
B.
Notwithstanding the provisions of Subsections J.14 and J.15 to this contract entitled " Security" and " Classification", to the contrary, and in addition thereto, the parties hereto agree that the NRC Project Monitor shall be the Authorized Classifier for all classified information or material delivered under this contract and NRC shall provide classification guidanca to the Contractor as required in the performance of this contract.
e C.
The contractor and contractor's personnel will be governed by, and shall assign classification aarkings to infor:stion or material, originated or generated by the contractor, as determined by the Project Monitor.
D.
If subsequent to the date of this contract, the security 1cvel under the is changed by the Cce=1ssion and such change causes an increase or contract decrease in the estimated cost or the time required for performance under this contract, the contract cost, delivery schedule, or both and any other provisions of the centract that may be affected shall be subject to an equitable adjustment by reason of such increased or decreased costs. Any equitable adjustment shall be accomplished in the same manner as if such changes were directed under the "thanges" clause of the contract.
J.17 RETENTICN OF EXEMPT MATERIAL
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The contractor shall, under no circumstances, retain any portion of a transcript; or copy thereof, taken turing an in camera session at any regulatory hearing or other prccee' ding or at any other closec nearing or meeting which contains information exempt frcm public disclosure pursuant to the Commission's regulations, including, but not limited to, trade secrets, confidential or orivileoed business or financial information, or information the disclosure of which would constituta an unwarranted invasion of perscnal privacy.
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i IFB RS-SEC-79-350 Page 36 SECTION J - SPECIAL PROVISIONS (Continued)
J.18 SUBCONTRACTS FOR WORK OR SERVICES No contract shall be made by the Contractor with any other party for furnishino any of the work or services herein contracted for without the written approval ~
of the Contracting Officer, but this provision will not be taken as requiring the approval of contracts of employment between the Contractor and personnel assigned for services hereunder.
J.19 SERVICE CONTRACT ACT WAGE DETERMINATION, The following U. S. Department of Labor Wage Determination Register is hereby incorporated by reference and attached hereto as Attachment 4:
Wace Determination No.
Date 78-623 June 30,1978
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J.20 CEILING The present estimate for performing the work under this contract is (to be incorocrated into any resultinc contract). The amount initially obligated by tne Ccmmission for sucn performance during the period frem the effective date of contract through (to be incoroarsted into any resultina contract),
is (to be incorocrated into any resultino contract).
Tne coligational ceiling specified aoove may be increased oy tne Contracting Officer at his discretion frcm time to time by written notice to the Centractor. When and if the amount (s) paid and payable to the Contractor hereunder shall equal the ceiling, the Contractor shall be excused from further performance of the work (except to meet existir.g ccmmitments and liabilities) unless and until the Contracting e
Officer shall increase the amount obligated with respect to this contract.
If and to the extent that such ceiling has been increased, any costs incurred by the Contractor in excess of the ceiling prior to its increase shall be allowable to the same extant as if such costs had been incurred after such increase in the ceiling.
SECTIONX-CONTRACTACMINISTRfkONbATA K.1
, CONTRACTING OFFICER'S AUTHORIZED REPRESENTATIVE (CCAR)
The Contracting Officer may designate one or more authorized reeresentatives under this contract for the purpose of.ssuring that services requried under the contract are ordered and Celivered in accordance therewith. Such representative (s) ae may be appointed will be specifically designated in writing to th; Contractor from the Contracting Officer, including tiie extent of such designee's authority.
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r IFB.RS-SEC-79-350 Page 37 SECTION X - CONTRACT ADMINISTRATION DATA (Continued)
K.2 BILLING INSTRUCTIONS AND PAYMENT i'
General. The Contractor shall submit invoices or vouchers as prescribed herein.
Invoices 6r vnuchers for payment showing the contract numbce, shall be submitted on a monthly basis for services ecndered during a complete calendar month and shall _be payable to the Contractor on receipt of invoice at the addryss shown on the invoice.
Invoices shall show a breakdown of all work orders performed
+
and identify the services furnished. item number and subitem number, and the number of copies and the race stipulated in the contract.
Payment will be made in accordance with the terms, conditions and prices stipulated in the contract, less deductions, if any.
i Form.
Claims shall be submitted on the payee's letterhead, invoice or l
on tne Government's Standard Fora 1024 "Public Vaucher for Purchases and Sertices Other Than Personal," and Standard Form 1035 "Public Vcucher for Purchases Other Than Perscnal -- Ccntinuation Sheet." These forms are available frem the Government Printing Office, 710 North Capitol Street, Washingtcn, DC 20801.
Number of Cocie_s and Mailine Address. An original and six ccpies shall be sucaitcao to M C offices icen:1fied belcw.
Frecuency. The centractor shall submit an invoice or voucher cnly after NRC's rinal acceptance for services rendered or products delivered in per#cr=ance of the centract unless othersise specified in the centract.
Precaratien and Itemi:ation of the Voucher. 'The voucher shall be prepared s
in inx or typewriter (witncu: str1xeovers) and corrections or erasures must be initialed.
It must include the folicwing:
(a)
'"Tiee's name and address.
(i) Address the original vcucher (with 4 copies) to:
U.S. Nuclear Regulatorf Ccamissicn, Divisien of Acccunting, Office of the Centroller, ATTN: GOV /CCM Accounts Secticns, Washington, DC 20555.
(ii) Address 2 cocies to:
U.S. Nuclear Regulatory Cccmissica, ATTN: E. L.
Halman, Director, Divisicn of Centracts, Washingtcn, CC 20555.
(iii) The cricinal ccov of the vcucher shculd indicate that (2) ccoies nave oeen foraarcec to tne Centracc1nc Officer.
(b) Voucher number.
(c) Date of voucher.
(d) Centract number and date.
(e) Payee's name and address.
(Shcw the name of. tne centractor and its correct address, r.xce::t when an. assignment has been made by the centractor or a different payee has been designated, then insert the name and address of the payee.)
(f) Descriptien of articles or services, quantity, ' unit price, and total amcunt, _
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IFB RS-SEC-79-350 Page 38 SECTION K - CONTRACT ADMINISTRATION DATA (Continued)
K.2 BILLING INSTRUCTIONS AND PAYMENT (Continued)
(9)
Final invoict marked:
" FINAL INVOICE" Currency. ~Bil-lings may.be expressed in the currency normally used by tne contractor in maintaining his accounting records and payments will be made in that currency. However, the U.S. dollar equivalent for all
~
invoices paid under the centract may not exceed the total U.S. dollars
. authorized in the centract.
SECTION L - GENERAL PROVISIONS L.1 This contract is subject to the Fixed Price Supply Contract General Provisions dated February 15, 1978 which incorporates the Standard Form 32 (REV 4-75)
General Provisions and FPR Changes and NRC Additions to Standard Form 32 General Provisions (June 1976), all of which are attached hereto as Attachcent 2 and by reference made a part hereof except as follows:
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L. l.1 Clause 32 entitled " Minority Business Enterprises Subcontracting Program" is deleted in its entire.ty.
2 L.l.2 Clause 33 entitled " Preference for U. S. Flag Carriers" is deleted in its entirety.
L.l.3 Clause 37 entitled " Patent Indemnity" is deleted in its entirety.
L.l.4 Clause 41 entitled " Publication and Publicity" is deleted in its entirety.
L.1.5 Clause 42 entitled " Dissemination of Contract Information" is deleted in its entirety.
L.l.5 Clause 44 entitled " Price Aeduction for Defective Cost Pricing Data - Price Adjustments" is added.
L.l.7 Clause 45 entitled " Audit" is added.
L.l.8 Clause 46 entitled " Subcontractor Cost or Pricing Data - Price Adjustments" is added.
L.l.9 Clause 47 entitled " Service Contract Act of 1965, As Amended" is added.
L.l.10 Clause 23 cntitled " Work for Others" is deleted in its entirety.
f IFB RS-SEC-79-350 Page 39 PART III - LIST OF DOCUMENTS AND ATTACHMENTS SECTION M - LIST OF DOCUMENTS AND ATTACHMENTS M.1 This solicitation contains the following attachments:
M.1.1 NRC Contractor Organizational Conflicts of Interests (41 CFR Part 20),.
M.l.2 Ger.eral Provisions Fixed Price Supply Contract dated February 15, 1978,
. Attachment 2.
M.l.3 NRC Form 187, Security / Classifications Requirements, Attachment 3.
M.1. 4 Wage Determination No.78-623 dated June 30, 1978, Attachment 4.
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PART 20-1 -- GENERAL Subpart 20-1.54--Contractor' Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy.
20-1.5402 Definitions.
20-1.5403 Criteris for recognizing contractor organizational conflicts of interest.
20-1.5404 Representation.
20-1.5405 Contract clauses.
20-1.5405-1 General contract clause.
20-1.5405-2 Special contract provisions.
20-1.5406 Evaluation, findings, and contract award.
20-1.5407 Conflicts identified after award.
20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AUTHORITY:
Sec. 8, Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 520-1.5401 Scope and Policy (a) It is the policy of the U.S. Nuclear Regulatory Comission (NRC) to avoid, eliminate or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
(b)
Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest.
It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.
NRC contratting and program cfficials must be alert to other situations which may warrant application of this policy guidance.
The ultimate test is:
Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only.
Individuals or firms who have other relat-ionships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC i,
7590-01 agreements with other government agencies, international organizations, or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
520-1.5402 Definitions (a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:
(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b)
"Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c) " Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d)
" Technical consulting and management support services" means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require the contractor to be given access to information which has not been made available to the public or proprietary information.
Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.
(e)
" Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).
(f)
" Contractor" means any person, firm, unincorporated association, joint venture, co-spons,or, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g)
" Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR s 1-1.606-1(e)).
(h)~ " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.
(i)
" Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.
j -
7590-01 (j)
" Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract.
The tenn " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.
5 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General.
Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:
(1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC?
(2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of conmon sense and good business judgment based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.
(b)
Situations or relationships which may oive rise to organizational conflicts of interest.
(1) The offeror or contractor shal' disclose information concerning relationships which may give rise rganizational conflicts of interest under the following circumstances:
(i) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor. ;
7590-01 (2) The contracting officer may request specific infonnation from an offeror or contractor or may require special contract provisions such as provided in 520-1.5405-2 in the following circumstances:
(i) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.
(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information not available to the public concernina NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(c) Policy application guidance.
The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.
(1) Example.
The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified.
In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing similar analyses for the reactor manufacturer.
Guidance. An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Example.
The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects fo several different utility clients.
None of the ABC Corp.
projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.
7590-01 Guidance.
An NRC contract normally could be awarded to the ABC Corp. be:ause no conflict of interest exists which would motivate bias with res3ect to the work. An appropriate clause would be included in the cont.'act to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict.
For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3)
Example. As a result of operating problems in a certain type of commercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public.
Only one manufacturer has extensive experience with that type of plant.
Consequently, that company is the only one with whom NRC can contract which'can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.
Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in terms of NRC's rasponsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.
Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
(4)
Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance f'or the purpose of developing standards that are important to the NRC program. The ABC Co.
has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated.
Other companies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others.
Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used. -
7590-01 (5)
Example.
The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold bel t.
In accorde.nce with the representation in the RFP and
$ 20-1.5403(b)(1)(i), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by tne NRC study.
Guidance.
The contracting officer would nonnally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased.
The work for others clause of 520-1.5405-1(c) would preclude ABC Corp. fre accepting work during the term of the NRC contract which could create a conflict of interest.
(d) Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract.
(2)
It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.
520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b)
Representation procedure.
The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for:
(1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in toe resulting contract.
This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause.
Where, however, a statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
I 4
7590-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION 9
I represent to the best of my knowledge and belief that:
The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1).
(c)
Instructions to offerors.
The following shall be included in all NRC solicitations:
(1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner i
all relevant facts bearing on his representation to the contracting officer.
If the contracting officer determines that organizational conflicts exist, the following actions may be taken:
(1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 5 20-1.5411.
(2) The refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by 520-1.5404(c), shall result in disqualification of the offeror for award.
The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be, terminated.
The offeror may also be disqualified from subsequent related Ndt contracts and be subject to such other remedial actions provided by law or the resulting contract.
(d) The offeror may, because of actual or potential organizational conflict; of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion.
Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.
If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.
(e)
The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
t 5 20-1.5405 Contract clauses 5 20-1.5405-1 General contract clause i
7590-01 All contracts of the types set forth in 5 20-1.5404(b) shall include the following clauses:
(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 interest (financial, contractual, organizational, or otherwise) 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 herein shall apply to performance or participation by the contmtor as defined 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 arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being perfonned 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 employee 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 approval 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 conflicts 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 imediate and full disclosure in writing to the contracting 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, terninate 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 agrees 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 Conmission based 7590-01 on such information for 3 period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to t!..
government based on such information 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 the NRC.
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidcntial or privileged technical, business, or financial informatior, under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3)
The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f)
Subcontracts.
Except as provided in 41 CFR 5 20-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and
" contracting officer," shall be appropriately modified to preserve the government's rights.
(g)
Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disciosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from 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 through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 520-1.5411.
520-1.5405-2 Special contract provisions.
(a)
If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with 520-1.5411, neutralized through the use of an appropriate special contract provision.
If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:
_9_
7590-01 (1)
Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2)
Sof tware exclusion clauses; (3)
Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4)
Clauses which provide for protection of confidential data and guard against its unauthorized use.
(b)
The following additional contract clause may be included as section (i) in the clause set forth ins 20-1.5405-1 when it is determine t that award of a follow-on contract would constitute an organizational conflict of interest.
(i)
Follow-on effort.
(1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (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 shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of 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 complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications.
The 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 subparagraph shall not apply.
(3)
Nothing in this paragraph shall preclude the contractor from offering or selling its standard commercial items to the government.
5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of 520-1.5404(b) and other relevant information.
After evaluating this information against the criteria ofs20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror.
If it has been determined that conflicts of interest exist, then the contracting officer shall either:
(a)
Disqualify the offeror from award, i
t !
7590-01 (b)
Avoid or eliminate such conflicts by appropriate measures; u-(c)
Award the contract under the waiver provision of 520-1.5411.
520-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified af ter award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 520-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.
520-1.5408 (Reserved) s20-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with !20-1.5404(b) from subcontractors and consultants.
The contracting officer shall require the contractor to include contract clauses in accordance with s 20-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
s20-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director.
Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
Such action shall be strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of inte st; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict.
For any such waivers, the justification and approval documents shall be placed in the Public Document Room. i
7590-01 620-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washinaton. D.C this 27th day of March 1979.
For the Nuclear Regulatory Commission
~
caud bt Samuel J. Chilk Secretary of the Commission 2/15/78 Consisting of Pages 1 through 23 GENERAL PRCVISION FIXED PRICE SU??LY CON!3AC~
TA5LE OF CONTENTS 4
Standard Form 32, General Provisions (Supply Contract) Containing the follcuing listed Articles on pages 1 through 5 of the fors plus additional Articles on pages 6 through 20 attached thereto.
ARTICLE TITLE PAGE 1
Definitions.....................................................
1 Changes.........................................................
1 3
Extras.........................................
1 4
7 aria tio n In Quan:i ty...........................................
1 5
Inspec:1on......................................................
L 6
Re s po ns ib ill:y Fo r S upp lies.....................................
2 7
?ayments........................................................
2 3
Assign =ent of C1ai=s............................................
2 9
Addi:1onal Sond Securi:7........................................
2 10 Exa=ica:1on of Records 3y C =p troller General...................
2 11 0efaul:.........................................................
2 12 01sputes........................................................
3 13 Notica and Assistanca Regarding Patent and Copyright Infringement..................................................
3 la B uy Ame ri can Ac t................................................
3 15 Convic: La'or...................................................
4 a
16 Cen:rac: Work Ecurs and Saf ety 3:andards Act -
Over-d = C =pensation.........................................
17 2alsh-Eealey Public Contracts Act...............................
4 13 Eq ua l Op p o r t uni ty...............................................
4 19 O f ficials No t To 3 e nefit........................................
5 20 C venan: Against Contingen:
Fees................................
5 21 Utili:a:1on o f S all Business Concerns..........................
5 22 C:111:stion o f Labor S urplus Area Concerns......................
5 23 Utill:a tion of Miseri:y 3csiness Concerns.......................
5 24 P ricing o f Adj us t=en ts..........................................
5 25 Pay =ent o f Istares t On Centractors ' C1 mins......................
5 25 Altera:1ons.....................................................
6 27 Lis ting o f E= ploy = ant 0p enings..................................
6 23 Employmen t of the Eand1 capped...................................
9 29 Clear Air and Water.............................................
10 30 Federal, S ta te and Lo cal Taxes.................................. 11 31 Te r+2cion For Convenience of -Jie Gover= ment................... 12 30 Miseri 7 3usiness En:arprises Subcontrac:ing Progras............ 17 33
?r ef ar ance Fo r U.S. Flag Air Carriers........................... 13 34 No tice To the Gover==est of labor 01sputes...................... 13 7-
- 3...,4..- ts.........................................................
3 e.
sJ 36 Renegotia:1:n...................................................
19 37
?1:21:
- de=ni:7................................................
L9 33 Zeporting 2cyal:ias.............................................
20 39 Go ica legardi=g La:a Delivery..................................
20
GE?iERAL PROVISIO?l FIXED PRICE SUPPLY CONTRACT (Ccnt.)
ARTICLE TITLE PAGE 40 S to p Wo rk O rd e r.............................................
21 41 Pu bl i cation and Publ i ci ty...................................
22 42 Dissemina tion of Contract In fo ma tion....................
22 43 Wo rk fo r O th e rs............................................
23 O
m W
Mg 11
GENERAL PROVISIONS ff //[
(Supply Contract)
UU1
- 1. Ertzstr:ows without limitation raw matsesis, components, intermediate As used throughout this contrset, the following terms shsil usemblies, and end procuets) shall be subject to inspeenan and have the mesmng set forth below:
test by the Government. to the extent practicabie at sil times and (a) The term " head of de stency" or " Secretary" as used pisces including the period of manufseture, and in any event pr:or herein means de Seentary, the Under Secretary, say to scuptance.
Assistsnt Secretary, or say other head or assistant head (b) In esse any supplies or lots of supplies are defective in of the executive or military department or other Federsi materal or workmanship or othermse not in conformity with de g
agency; and the term his duly authorised repnsentativ."
nquinments of this contnet, the Gournment dall han the means any person or persons or board (other than de right either to reject them (with or without instnetions as to Contracung Oe.cer) authorised to act for the head of the their disposition) or to require their correction. Supplies or lots agency or the Seentary.
of supplies which have been refected or required to be corrected (b) ne term "Contneting 05cer" m.m the person exeesting shan be removed or, if per=itted or aquired by the Contrseting this contract on khalf of the Government and any other Oscer, corrected in place by and at the expense of the Contnetor ofeer or civilian employee who is a pnperly designated promptly after notice, and shsil not therestter be tendered for Contracung Omeer; and the term includes. except as other-acceptance unless the former rejeetfon or requzrement of corree-wise provided in this contrset, the suthorised represents-tien is disclosed. If the Contrsetor fails promptly to nmove such tive of a Contracting Oscar actfng within the IImits of his suthonty.
supplies or lots of supplies shich are required to be removed, or (c) Ezeept as otherwise provided in this contract. the term promptly to repir e or correct suen supplies or lots of supplies.
de Government either (i) may by contnet or otherwise replace "subcontnets" incindes purthsse or:iers under this or correct such scpplies and charge to the Contnetor the cost contrset.
ocessioned de Government dereby, or (!!) may arminate this 1 C N Z8 contrus for deisult as providea in 2e chuse of is contrset De Contracting Omar may at any time. by a wntten :rder.
entitled " Default." Unless the Contrsetor cornets or repisees and mthout notice to de sureties, make changes, widin the gen
- such suppiies v-ithin the delivery schedule. the Contnennt Odcer ersi scope of this contract, in sny one or more of the followute:
may require the delivery of such supplies at a nouetion in pnee ti) D-swings. designs, or specideations. where the supplies to b*
which is equitsbie under de circumstances. Failure to sgree to fur =ished an to be specially manufsetured for de Government such reduenon of pr:ee sesH be a dispute concerning a question in accernance theremths (LI) method of shipment or packing; of fset within the =eanmg of de clause of this contnet enntled
" Disputes.*
sad (iii) ;Iace of delivery. If say such change causes an increase or deensse in the cost of, or the time required for, the perforn>
(c) If any inspection or test is made by the Government on the snee of any ; art of the work under this contract, whether changed premises of the Conenetor or s subcontnetor, the Contrutor or not changed by any such arcer, an equitsble sdjustment snsil without additional charge shall provide all reasonable facilities be made in the con:rset price or delivery schedule. or both, ud and assistsnee for de safety and convenience of de Qvernment
-he cont =et shsH he modided in writ =:r sceerdingir. Any cisam by inspectors in de performance of deir duties. If Government de Cont setor for adi 2stment under *s ehuse must te 2sserted in,n,c 33, y,,est is nsoe n 2 ocint ? der thsn de cremues of g,.
,y,g g g gg g y g,y g
mein 00 days imm tne aste of receipt by de Contractor of de notifestion of change: Parided, however. That de Contnenng the Qvarnment exceet as otherwise provided in tnis contnet:
Odeer, if he decides dat de fsets justify such setter. =ay re-P ovufed. That in esse of ejection the Government sns11 not be ceive and set ' spen any such claun asserted at any time pnor to liable for my reduction :n esius of samples usea in conneetton insi pay =ent 2nder this contnet. W1:ere the cost of proper *y
'vith such insMon n ast. AH 6speedons ad 'ests by de made obsolete or excess as a result of s chsmge is includea m de Government shsil be terfor ed in such a manner ss not to anauly Contractor's claim for adfustment the Contneting Oscar snall g g.g g g g
., e g,
have the nght to presenbe the manner of dispos: tion of.uch the Contrsetor say additional cost of Government inspaccion and d s pk property. Failure to sgree to say adiustment shsa be 2 dispute t
dy at *h da m W&n ad concerntag a questien of fset within the mean2ng of the clause of test is requested by the Contnetor or when remspeenon or retest this contrset ent:tled " Disputes." However. nothing in this cisuse 5
W by W Wm hptuce or @da of de snail excuse the Cantractor from proceecing with the contract as sup M h M ss dy u przede mer hiivery, changed.
except as otherwise provided in this centnet: but faucre to inspect sad sceept or reject sutrpties shall neither nileve de z%
Contractor from responsibnity for such supplies as sre not in Except as otherwise provided In dis contrzet, no payment for secordance with de contnet requirements nor i:= pose liabtaty extns shall se made unless such extras and the price therefor on*5 G e s ut h fon have been author::ed in writing by the Conerset:ng Odeer.
(d) ne inspeenon and test by the Government of any supp1:es or lots dereof does not reileve the Contractor from say responsz.
L WttArtoM IN Qt'AnyrTy 3ilit'* nTar-ing defects or other fsdures to meet de conenet
- s. o nnstion in de quantity of any item esHed for by this con.
requirements weien may be discovered prtor to sceeptanee.
t=ct v:11 he seeepted unless such vsnanon has been caused by Eteeps as other vise provided in ts contract. sceestanes snail
~
cons: fons of.caatng, snipping. or pacicag, or si:owances in he conciusiva except as rag.r.:s !sunt defects frsac. or suen manufsetunne processes, and den only to the extent, if any, gross imstaxes sa smount to frsud.
Jpec:dec eisewnere :n dis contrset.
,el no C nt setor snail prov:de and maintsin an inspect::n
- 3. tyspg oy system seeeetsole :o *he Government cover:rg tne su ;.:es breuncer. Eecores of M :.sreenen *vors by tre Contuc er la) Mi supph.es ( vhien term droughout this cisuse includes than be *. cept ec=;ieta and avshcie to $a Govarnment tunne traouo een :2 aw. A-m p,,
a.nges,a gy c3A. yng 4g tra) ML4
I
- , pl
- J,. h L,! [ 3 l @ li\\ U 0) f i
Il a
-, n L ( :',.1 ;
s s ai. -
-i' - si s-
-J v u GL. ',;
.p i
1 :,i the performanr= of this contract aod for such ! anger penod as surety fails to fur =ish riports as to his %*=1 condition
- rem may be speeded elsewhare in this contnct, time to time sa requested by the Govers=ent, the Contractor shad
- 6. F.zsroxszazz.zTT res 3t:Frt.tts promptly farm.sh such sadif.onal secunty as =ay be required
, rom =me to ti=a to protect the tsterests of de Gover== ant s d Ezeept as othermse provtded in dis centnet. (I) de Con
- of ;enons supplyt=g ! abor or matenais is de ;rosecucon of the tractor shad be responsible for the suppues covered by this voric contemplated by this ccacac.
contnct unc! they are delivered at de desig=ated delivery pomt.
regaruless of de potst of inspection; (!!) after delivery to the
- 13. T.IAstz: tar:c:t or Rtcca::s av Cour sot.:.n GcrnA:.
Gover:mont at the desig..ated potat and ; car to acceptance by (a) his clause Is applicable if the amoust of dis contract the Gover iment or rejecnon and giving notice thanof by the exceec.s 310.000 and rs.s entend into by means of egotiation.
Government. the Govenment shan be responsible for de loss or imeluding sman business restncted advertst=g, but is not appli-dest =ction of or damage to de supplies only if such loss, enkle if this contnet was entered into by w=n of for..a1 destruction, or damage results frem de negtigence of odeers.
advetusing.
agents, or employees of the C I ct ac:ing mthin the scope (b) Se Contractor agrees that the Camptnllar General of the of deir employment; and (111) de Contractor shan bear au nsks United States or say of his duly authortand representatives ahan, as to rejected supplies aftar satice of njection, neeps that the 2stil the uptration of 3 years after anal payment undar this Gover:mont shan be respor.sible fsr the lose, or destr ction of. or contract or sucs lesser time spected in e2that Appendiz M of de damage to the supplias only if such lose, destruction or damste Ar=ted Services haw ct 3erulation or the Federal Procure-results fnm the gnse negif tence of occers, agents, or employees
=ent Zerslations Part 1-20. as sppnpnate, have access to and of the Government acung mthin tho scope ot their employment.
de nght to mnwa any directly per==ut books, documents.
7 p27.m papen, and reenrds of the Costnetor isvelvmg transaccons rs=
laced to this contrzet.
Se Contractor shall be paid, upon the sub-n of proper (c)
.,.s..e Contnetor f:rther screes :o =.c!:de is au b..s sub-invoices or vouchers. de prices se:pulated herets for supplies dativend and scerpted or semees rendend and accepted. ess conmets hanunder a ;nnstou m the efeu cat de nbanme-deductions, if any, se herein provided. Celess otherwise speeded.
W ses dat de Contptrodar Genwal of de United States e pament will be maae on parnal deiivenes accepted by the Gov-say of rus duir authon=ed nynsentatives shan, untS the erpira-er==ent when de amount due on such deiivenes so warnsts;
- en f 3 yean scar dsal pamnt under ce subcemet or sucs or. ehen requested by de Contrsstor, cay =ent far secepted ;ar-
.nse Ome s;mded m. eten Apcecciz M of de Armed a,unces tial delivenes snail be made wcenever 'uch payment would equal ment Reg.lation w the uceral Poesnment Redacons s
. art
. ss acpnpnste, han scens to and de eght to m"e 3r u:eed either 31.000 or 30 percent of de total amount of 2is e
, m rtc.
2ny dinc!y ;ement books. doctments. pacers, 2nd ree:r:s :f suca succontractor, involving *nnsaccons Misted :s the sub-L A.tsr mrcry or Ct.uxs con:rset. ne erm "suseestnet" as used is dis e!suse excludn (2) Pursuant to de provtsions of Se Assignment of Clan =2 (1) purchase orders not neeeding 310.000 and (0) subcon:nes Act of 1340, as smendec (31 C.3.C. 203, 41 U.S.C. !$), if this e ;urchase orders for public utlity services at ntes estantisced contrset provides for pay =ents aggreganng 31.000 or =cre, for uniform applicabdity to the geseni pubile.
clam for moneys due on to beceme due de Contractor *=m the (d) Se ;enods of scees sad m* con desenhed in (b)
Conr u=ent under cis conenet =sy be assigned to a bank. :rsst and (c), above, for records whics rela:e :o (1) sp;esis uscar company, or oder inascing institution i=cisning any Faceral me " Disputes" c!suse of this cont =ct.
(2) litigstion or de
- encing sancy, and =sy thereafter be further assigned and senlement of etair..: sr: sing out of 2e perf:r=snes of $ts ecc.
nutped to say sucs inst:t:non. Any ncs ssrign=ent or n.
net, or (3) eests and uperses of 1s cont =ct as to sn::h u.
m=ent snsil cover su s=ous:s paysele uncer ets een:=:t ce:non 'sa :een isken bv Me Cmt: dar Geer:1 er say of :is
=d ct Lr= cy paza. 2:s sasd :ot be made :o more ::ss one n17 sumer:to representstves.sc d cennsue us.I sue: s;;ests.
- ar
- 7. exeect est say sucs assignment or reassignment =sy be li'Irsnom ' W or usegnens have been cispesens of.
=sce *o one party as agent or -nstee for t ro or = ore partes
- sme: pan =g is such *-- g. Unless otherwise provided is
- ~
Eh:s contnet. payments to an assignee of my moneys due or to (s) Se Goum=ent nay, nNac to de pronstens of pars-beceme d:e uncer Ws contract sr.sil net to de extent provided m h (c) below. sy vnnes ones of defsnit to the Cont =cor.
's ss4d Ac. sa s= ended, he subject to edt:e=os or seto:f. (Se ter mate ce vnoie or say part of d:s cont =c. In any one af crececin O' M ' * "I CF 258t3EC*8 hr er :g sentence septies or.iy if ths contrset is made :n time of t1) *? de Conenetor fs:!s to make deilTer of de sucolies or sconal emergency as dedned in said Act and is md de epar==eet of Oefense. Se General Servtees Adm=istnton, de to cef: de ser :ces meis de n=e speeded huom or sny Energy Research and Cevelopment Acministratzen. the Nanonal utenston *hu*ef; or Aeronauces and Space Administrston, de Tecers! Avianon lii) If de CJn ncor fails to perform say of de other pre.
Adm:mstrscon. or any other decar nent or agency of de United nstons of Ws conme. w so fmls to ske pregrass is :o 5ts:es cesignatea by de Pnsident punuant to Cause 4 of de endanger ;erformance of : hts cont:2ct in secorcasce vim its
- rmso cf secton ; of the Assag==est of Catms Act of 1240. ss ter-'.s. and is either of dese 70 crnmstances dees not ese 2=enaed by the Act of May 15, 1251, is Stat. 41.)
sues failun mets a ;emd of D <:sn (w neh :engw puted ib) !s no ennt snail conies'of dis contnct or of any plans.
23 de Contnenne Odcer may authon:e tn vn-ing) seu i;eedcanons, or other strat!st documents relating to veric under m;t of nocies inn de Cam:g Odce spmfymg sues
$ts rentne. if mariced " Top Secret."""!eeret." or "Conifantini.*
- U""
is f;=:shed to say ssst:: tee si sny eisim ansing under $1s (b) In de avant de Goverament termisstes dis :entnet in
- en:=ct or to any other aerson not enntied to recette de same.
We or in par as padded is Farst son (2) of ::Is c!suse. de E:wevar. 2 cony $t any part or si! of dis contrset so :-arkee may Gmr men
- may precun. seen sucs terms ses in such s ner le 'ur.:shed, or any infermston contmnes thents =sy be dis, as de Gn:ne=ng Oden.ss in-s-n: erre. sumges :r 6:sec. :o ncs assir:ee upon de pr:or vn::en astron=nes of f er :n s=.sgo en so *e----~=c. 2 me N new sW
- e Q nineting 0.tcer.
- e Jacle *o me umr--*nt f*r c~ amss -sta Sr s':en s#-
I; pties or Ier *.ees :.3*aT'ded'. ** st de Gn:rse?P sns.1 entane 1 A:c: mrA 3aysfr.c v me ter9r.2 :s d ::s cent =ct :s me ex:ent et er. mated
'f ::" sursty * *en an" *o".d ur":sced is *3nnectoft td "his 1 der the DrWit**s Of *0:s eiXise.
Sn*=:* Iteo=es 2:se:epts le *o De Jver".Sent P if 2:7 nC.
8Cl 1:*ep: "v:ta
-*f**C
- o ieIOui*3 I et:een:ng: Ors. *he gn.:Ano reeM 22 ;eev. '-in 2
3l9 A q!)
m
~
Il]hrU!Q y-l lh m t Ll!M t p'3v; :T.,L lGG lin ik j
r q ' lL, c
n
- 1:
'*UU 20 Contractor shall not be liable for ny excess costs if the failure to ing 02cer, who shall reduce his deciston to miting ud mail or
- erform the contnet artses out of causes beyond the control and othermae furn
- sn a copy thereof to the Contnctor. The decision
- vithout the fault or negligence of de Contrsetor. Such esuses of the Contnenng Oscer sbau be
.*.=21 ana conclusive unless, may include, but are not restnered to acts of God or of the public within 00 days from the riste of receipt of such copy, the Con-enemy, acts of the Government in eather its sovereign or con-tractual capac:ty dres, f oods. epidemics qusrsntine restnetions, tractor mails or otherwise fur:ushes to the Contnenn Ot".cer st=kes. freight embargoes sad unusually severe weader; but a vr:tten appeal addressed to the Secretary. The dec:s2on of the Seentary or his duly authonzed representsuve for de determa-in every case de failure to perform must be beyond the control est:on of sucn appeals ins 3 be anal and conclustre umess de. sad without de fsuit or negligence of the Contr:eror. If the ter.h > Sy a court of coc:petent junsdict2cn to have been failure to perform la caused by the default of a subconerseter, frsaduiwit. or espr:c:ous, or arbitzsry, sr so grossly erroneous and if such defacit ar:ses out of causes beyond de control of both as necessanly to :mpty bad faith, or not suoported by substutial de Contnetor and suocontractor, and without the fsuit or evidence. In connection wita any appeal proceecing under dis
- y neg!!gence of either of them, the Contractor shall not be liable clause, the Contractor shan be adorded an opportun2ty to be for any excess costs for failure to perform, unless the supplies heard ana to offer evidence in support of ite appeal. Pending or serv ces to be furnished by the subcontractor were obesinnhle anal doctsion of a dispute hereunder, the Contractor shall proceed from other sources in safelent time to permat the Contracter to diligently with the performance of the contract and in accordance meet the required deHvery schedule.
with the Contncting OEcer's dec2sson. (d) II dis contract is terminced as provided in paragraph (b) This " Disputes
- clause does not preclude considerstion of
( a) of this clause, de Government, in addf tion to any other rights Law quesuons in connection vith decisions provided for in para-provided in this cisuse, may require the Contractor to transfer gnph (a) above: Prwsfed. That nothing in this contnet snau be ntle and deliver to the Government, in de tcanner and to the constned as n Ang daal the dectsion of any s+ intrative extent dincted by the Contnenne OSeer. (1) say completed cde:21. npresentative, or board on a question of law. supplies, and (ii) such partisHy completed supplies'and matenais. parts, tools, dies, jigs. istures, plans, draw:ngs, infor=ation. M. NonC: AND ASSISTANCE RZCuDrso PArccT wo and centnet ngnts (hereinafter enued " manufacturing ma, CorYxrcut Isntracc,tcet ter:sls") as de Contracter has specidesHy prodneed or spe. The provtsions of $1s clacse shall be app!!csble only if de c:'.rsUy acquired for the performance of suen eart of this contnet amount of this ecetract exceeds n0.000. as ass been term:ns:ed: sad de Contractor shail, upon direc:en ias The Contr:ctor sns3 report to de Contrue"ng OScor. af de Contraenne OSeer, protect sad preserve pr perty in promptly and in reasonable wntten detail, each notce or e! aim possess:ca of de Contnctor in which the Governrrent hss an of pa:ent or copyr:ght infr:rgement based on de perforrnsace of interest. ?syment fsr completed suppi!es delivered to sad se. 2:s contnet of wnich the Con rsctor nas 'cowledge, cepted by the Government snail be at the contract pnee. Payment tb) In de event af any cisim or suit :tainst the Gover. ment for manufactunng matensis delivered to and secepted by de on secount of any sileged patent or copyngnt infringement Gover ment and for the protectica snd preservation of procer y ansing out d the performance of dis contract or out of de use shsu be in an smount agned upon by de Contnctor and Con. of any supplies furnisr.ed or worx or services performed here-trseting 05eer: failure to scree to such amount shall be 2 disputa under, the Conenetor shnu furnish to the Government, when concerning a quescon of fset within the ceaning of the c!suse of requested by the Contracting Odcer,23 mdence and informatfort this contract ennt!ad "Olsputes." The Government may withhold in possession of the Contractor perutntsg to such suit or e! aim. hm amounts othermse due de Contnetor for such compieced Suca evidence 2nd information shall be furnishec at de expense nepiles or manutsetunne materisis such sum as the Contraedng C:*etr ie:armmes to be necessary to tretec the Gova-ment of de Govern:=ent except vhers the Contnetor has sined to indemmfy ne Govern =er.t. . ninst. ass iacr.ca sf :utstancin; less or ist=J of for"ter lien gg,rs,
- 14. 3tv A:.:ta:cAs Ac-(ej If. sf!er notice of ter=nnation of this contract under de (as In sequinng end products. de Buy Amer'can Act (41 U.S.
prortstons of dis cisuse. it :s decirmined for sny resson est the C;de 10 s-D prov des $st de Government give preference to Contnetor was ::ot in defacit under the provisions of dis cisuse, domestre souree end procucts. For de purpose of this cisuse: or hst de default ras excusanle under de provtsions of this ti) " Components" means those 2rncies. matensis. anc sup. !s se, de nghts =d :oligations of de parnes shad. If the con. piles. vhich are direc!y incorporated in de end products: tr2et centsins a clause providing for terminanon for conventenes (ii) "End products" means those articles. matensis, and of de Gover. ment, be de same as if de ::otice of ter:.ination mpp!1es. rhich are to be acquired uncer dis cont:2ct for pu:: tic had been issued punnant to such elause. If. sfter notics of termi. use: sad nation of tms contract under de provisiens of this e!sase. it is (iii) A " domestic soures end product" means (.O 2n un. ietet nined for say nsson dat &e Conersetor *vss not in default under de provtsiens of $ts eisuse, ano if this conerset does.ot manufseture2 end product rhich has been mined or preauced 'n de Umted States sad i3) 2n end product :nsnufsetured in contain 2 clause providing for termination for convenience of the de Ucited States if de cost of the components ther*of vnich Govarnment, the cont set shan be equitably adjusted to compen. are mined. ;rocueed. or manufseturad in de United States ex-sate for such terminscion and the contrset modi'ed sceerdinglyt failure to sgne to snr such adjustment snill be a dispute een. ceeds 30 percent of de cost of 2Q its ecmponents. For de purposes of this r t (iin (B). components of foretgn or g:n of a eerning 2 question of fact vithin the mes-ing of the cisuse of dis de same fee or :cind as de products nierred to in tbp (ii) or entnet anntied " Disputes.a (!!D of $1s clause shall he treated as components. tinea. pro-t f) T e r:ghts sne remec.fes of the Government provided in this caced. or manufactured in the United States. elsua sasil not be +xeiusive and are in addition to say other (b) The Contractor agn-s dat 2ere vtu he ieiivared inder nghts ans rencotes provided by tsw or uncer this contnet. 6:J contn et only domestic sour:e end preaucts. except and a p) As used et ?ar:T sph fc) cf dis cisuse. the terms "s 26 prNue*3:
- ?- nttW sad su: contractors" =esn subcontrac*cr(si i) Weh ar* ier use outside e.e United 3: stas:
st =7 -ter, r:u T fes de Gover ment deter-dnes are not - tnec. pro-i d 2:W~T3
- ced. ar :anufsetund i:2 de U. cited 5:stes in su:!'::ent and ressensoly s st sbie ec=mercisi mis :ntias and cf a ssnstseter--
- s. I.::spt ts oder vise prov:deci in dis centnet. 2:7 dis;ute tuslic m:- ng a n:estion sf is:t 27 sing ander his act:trset mch As to * ::h -he fee e ar-dese-- ases *ne icteste
's *.0,1 iis-Csed N ty ag= eta:e.t snsd he siecideQ o' y *he CJ t!*se!. 1*nifre".Os !o te.neenstste t w'.d de 73:lic :n'ersst* r 3 1:.0/.23 r*pu t: 7ev. F D
p,0 Mq q g. a M, (6,M'",MM.,/d mn QU Lu (iv) As to which the Secretary decarsanes the coes to the Governmant to be unreasonacle, intarpretadons of the Secretary of Labor which are now or may hereafter be in edest. (Se foregotag requinments an u **- ud in accordance with Zzeeuuve Order No.10532. dated December 17.1354.) '8 E"AL U""
- 15. Canicy Lana (The fouowing claume is appilcable unless this centract is e.a.
In connecdon wtth the perfor nance of work udar this enntnet. empt under the 21as, reguladona, and relevant cruers of de the Contnctor agrees not to employ any person undergoing sen-Secretary of Labor (41 CFR.ch 60).) tence of impr%nwmrt at hard labor except as provided by Psalle Ouring the performance of this conerset, ce Contractor agnes bw SS-176. Sepe==== 10.1965 (18 U.S.C. 4082(e)( )) and as fonowet Exacutive Order 11753. Oeesmber 22.1373. (a) ne Contr2ctor'es11 not diser *te against any employee or applicant for emoloyment wan== of race, color, reilgton, sex.
- 16. CorsAct Wons Hacas Ass Sarryr Stannasco Act-or natuinal nigtn. ne conersem mH e amenasan accan to Ortzetxa Courcesatzox
'"**" *** *P PU***** "" *"93*7d* ""d *** '*DI*7*** '" This contract, to the =mns that it is of a charactar spectf!ad treated during emptortment, without regard to thas.t racA color. in the Contract Work Hours and Safety Standards Act (40 U.S.C-redgson. saz. or national origin. Such aedon shall includa, but not 327 ~13). is subject to the foHowing provisions and to aH other W usted to, de fdowing Employmans. spgnding demotion. applicable provmons and excepdons of such Art and the res-sla-or transfar: recr e naa, or nermtment adnrestag; layed or dans of te Seentaryof bbar denuncan terminations ratas of pay or othat fer=s of compensation; and 'a) Overnme nquiran=nts. No Contractor or snh seleccan for traintag. including apprentcasnip. The Contrzetor centncung for any part of the contract woric which may reqst" agrees to poss in conspicuous places, avadable to employees and or involve de employment of laborera. *** appreittices, appHmr= for employment, notices to be provided by the Con-trainees, watchmen, ud guards shall reqmre or permit an7 traccar O5 car sec=st forth de provinons of is Equal Oppor-laborsr. seensnac, appnnces, t:2.nea, wahan tunity classe. or guard in any worrveens in wh!cs he is employed on sucs worr to wors la (b) he Contractor wtu. M sH soucitations or advertsements excess of eget hours in any calendar day or in excess of for:7 for employees placed by or on henalf of es Contractor, state hours in suen veric vesis on vors subject to the provtsions of the that all qmli*ad appliessts will raceive considersuon for em-Contrset Tork Hou a and Safety Standards Act Ma*e such ployment without ngsra to race, color, religton, sax, or caricnal !aborer, meenanic, apprenties, trsinee. watchman or g ard re-or.g.s. eetves compensa:an at a nte sat less than one and onM times (c) Se Contnctor wtH send to each 1sbor uion or npasants-his baste este of pay for sil such hours verked in excess of e2cet die of workers vith which he has a codeenve harpin:sg agree-hours in say calencar day or is excess of forty hours in such ment or other contrset or ucerstanding, a not:ce. Is he ;ronded vericweek. en:c ever is the greater numeer of overnme hours. by to scency Contnc=st Odcor, sdnsing de acer 2:ron or ib) Violation: Habdit7 for upatd wages: liqc; dated damages. worxers' representattre of de Cont setor's -c=ents uder is $e event of my violadou of de provtstons of parsgnpa (11 dis Equal Opportunity clause, and shall post copies of the notice ce Contractor aset any succontrsetor responsible therefer shad in consoaccous places availabia to c.mployees and appucants for to ;isole to s=y afected employee for his unpaid wages. 's addi* emptornant nos. such Centractor and subcontractor shall be IIsole to de (d) Se Conersetor etu eempty with til provisions of Exees. United 5tstas for liquidated damages. Sacs Uquidated dastages eve Order No.11:46 of Septemoer 24. 1963, ss amended by Exec.suve Order No.11073 of Ocober 13.1967 ud of de r: es, shall he computed with respect to e2en individual laborer. =,ensnie, scprenner. rsinee, warcentan, or pard ersplayed in r.gulations, sud relevsnt orders of de Secretary of bber. - oist:en of no prorts: ens of parsgn;h (s) in de sum of 113 (,3 ne contracror etu fura.2sn all infor-ianon ud neor s f:r esen es:en sr isy in miten suca e=:iovae ess -~rstrat or q.:1 ad by Exce:t:ve Oner No.10 6 et Se;tember 24,1M3
- er=
- t so to be ammorad os sucs vorx is ex:ess of e2ct hours
- ,3
- ,mence.s by E,;eeu ;ve er:er No..n;3 af Ococer 10.1M7 or m excess of his atsccard verxwees of forty hours vithout pay-sno by ine rules. ngulacons. sr.d or:ers of de Seentar7 >f
=ent of the overnme rages requred by paragraps (a). I. abor, or punusst tsereto. sad mil per=at access to his hooics. (c) T!!hhold!st for nga2d wages and liquidated damses. Se r= cords, and sceounts by the contrac=mg agency and de Secretary Con nets Ofeer may mthhold from de Goem=ent P!.me of I.asor for yar-oses of investigs=on to ascertain corsttiance Contractor, frem ur =eners paratie on secourt of woric per-vith suca r:les. ngsiscons. sad orcers. er-med by ce Cosmetor or nbeentnetor, sucs sa=ss as :tsy (f) Is the event of de Contncter3 noneempliance mth de e sc=inizmtrely te determinea to be tecessary to sacsf7 say Eeusi opport:nty e!suse of eis enerset or mth sny of ce !!sotlit'.as of s ch Contractor or succentnear for 2 paid wages said :=sles. nguianons. or orders. th:s contr:et =av be ennevied. and Hau2dstad damages sa provided in de provts: ens of pars-terminated. or screenced. :n -thele or in part sad -he Contractor graph (bh may be declared inaugtble for further Government contraes is (d) Subcostnets. So Contnctor shall insert ;arstrsphs (a) scecreance md procertures suthertmed in Executive Orcer No.
- 12:6 of September 26.1363, as amenced by Executive Order No.
Snugs ed) of this clause is 211 succontracts, and shad requtre 11,73 of Octeoer 11 1967. and such other rancuans may be im. tear 1:casion is all subcontrsets of any ter, m 2ecorcs. Se Contractor shall =sistsin ;sTrod records posed and nmecies i vesed as prov ded in Ixecuttre Cruer No. 11.246 of September 24.1963. as amended by Exec :tive Order No. costam:sr the information soeet.a.ed is 23 C73 316.:(a1. Sues 13 3 of October 13.1967. or by cie reguiscea, or oreer of de ecords ssail be preserved for three years from the cotuplecon I*er"ary of I.soor. or as acer e se premied by law. of ce conmet. (g) Se Conmerce mu !scisce de provtsions of parsgnons
- 17. Tanza.Hr.atzy Pt'2!.= C3 sac 5 Ac?
(s) drougn f g) is every subcontrzet or purchase orter ulees If $is numet is fer.he manufsemrs or f:rnisht=g of exempted by nles, reestations. or orcers of de Seentary of Rhor issued purnant -' section 004 of Z:ee:=ve Orcer No. = ster sis, npplies. artfeles, or souspment is as amount wnich 11:46 of Septem:er 24.1943. as smenced by Exee tive Orter No. exceecs tr =sy exceed 310.000 2nd is ccheretse sus!*c to de .M 73 sf Ce ccer 11 1967, so dat nen ; rov sions
- 11 te banc=g T:.li..Eesley Public Costnets Act. ss s=ences t 41 C.S. C,:ce
?J-3). :.en an herrey =cerpersted by nference sil represen-non esca succorrse:r ar -.cer. Se contnear mn use such tan:ns ans sue !s=cns r*:stred by sa:d Act and :=vis=ons scnon mth nsnac to any m:conmet or ur-.:s* mer ss me .ssued tr.areuncer by the Secretary of Rhor, sucs nor*settis-e~tmetag ue ty msy fir et ss s
- esns of eterent nes r7vistetts. i.e;; ding 3snenens fsr oneempliance: P-armed, n:ns sna supu.stons het:; rssiect is ad 2;piicssie :iings s:n Sowever. ".:st :n me event de Conmet:r becomes : vved is.
s m..Amo rems ! % s-2n 4
or is threatened mth. litigation with a subcontractor or vendor small business concerns: (2) other certifed-eligible concerns vith as a result of such direenon by de contracting agency, the Con. a irst preference: (3) earnded-eligsble concerr.s with a second tractor may request the United States to enter into such utigation preference which are also smail business concerns: (4) other to protect the interests of the United States, certided*lig:ble concerns with a second preference: (3) per. UD" D EU" sistent or substantial labor surplus area concems vhich are also No member of or delegate to Congress, or resident Commis-sman business concerns: i d) other permstant or substantial labor siener, shall be admitrec :o any saare or part of dis contnet, or surplus area concerns: and (7) small business concerns wnics to any benedt dat may anse derefrcm: but 21s prov:ston shad 23.ot Isbor surplus ans concens. not be construed to extend to this contrset if made mth a corpo-
- 22. Crt:.26Trox or Mixost:TT 3rsrstas Ex tarntsrs ntian for its genent benedt.
(a) It is *he policy of *he Govemnent that =inanty business
- 20. CorceANT AcArsst Coxt:xczxT Ftts entarpnses shall have the mazamum practiesble opportuntry to
- he Contnetor warrsata dat no person or se!Ung agency has part:c: pace is the performanes of Government contne:s.
[ been employed or retained to solicit or secure this contract upon (b) The Contrsetor agrees :o use h:.s oest eforts to carry out this policy in the award of his subcontne:s to de funest extent an agreement or understanaing for a e-W percentage
- brokersgo, or continget fee, excepting bona dde employees or eensistent with the edicient performance of this contract. As bons dde established commeretal or selling agene:es maintained med in dis conerset, de tens 5::inenty business enterpns#
by de Contne:or for de purpose of secunng business. For means a business, at least 30 percent of which is owned by breacs or notatfon of this warranty the Government shall have minonty group memoers or,in esse of public!r owned bus:nesses, the rfght to annul his contrset vithout liability or in its disen-at least 31 percent of de stock of which is owned by minenty tion to deduct from the contrset pnee or considerst:en, or other-group members. For de purp. es of this dainition. =inenty wise recover, the f:11 amoast of such comm:ssion. percentage. group members are Negrees. Spanisa-speaking Amenean persons. brokersge. or connngent fee. Amenesa-Orientals..u=enesn Indians. Amer:ess-Eskimos and .uneness Aleuts. Contrsetors may eir on wntten representa.
- 21. CT :.:IAnos of S:tszJ. Brsrxtsa Coxczass tions by subcontnetors regarding deir status as manenty busi.
(a) It is the ;olicy of de Government as deciared by the Con-sess enterpnses in Heu of an ince;endent investigation. gress that a fsir propordon of :ne punhsses sad contrac:s for
- 24. Pt:ctNG or ADJt:sT5fty 5 suppiies and ser-.ces for de Government be placec with small bustness concerns.
When costs an a fae:ct in say deterr.. inst:en of 2 cent =ct (b) The Cantne:or sgr*es to secomplish de maximum amount pece adjus::=ent pursuant to de Changes clause or any cther of suteentnenne to smsil busmess concerns thet de Centnet:r pronton of dis contract. suen ces: shall be in sceernance n:h inds to be cons: stent with de ef.c:ent performanes of dis e contne: er,st pr neieles and proe-scres in Part ;-13 of de Fecerni P.ocurement 2eguistions (41 C72 bl3) or Seenen.I'/ conenet. of the Armed Sere:ees Procurement Reguiscien. as applicable.
- 22. U ::.::AT:ox cr LAsca SC2Pixs.OtzA Conc:3ss dich an in edeet on the date of Ws conmet.
(2) it is de polley of the Govenment *o swsrc contracts : 2~. PAnrce? cr INT !ttsT oN con *MC*CRs* C;.AIT13 3 labor surplus ans eeneerns that (1) have been eernded by de Secretar-of Labor (henafter nfernd to as cernded-elichle (a) If an appesi is died by de Contractor from a insi decisica encerns :th drst or second preferences) ngstriing 2e employ-of de Centnenng Of!cer ascer the Disputes cisuse of this con- =ent of a ;raeornons:e number of disadvantsred inaiwiusis md inet, denyme a cisim snsmr under de cont =ct. 3: mole interest on de unount of the c:2:m dnnily detern:ned md by de Govern-have sgnad to ;erform ms:s==2117 (1) in or nesr secnons of ment shsil ha parsble to the Crime:or. 5::eh :nterert ansil be at nneen:=:ec unem91ov--ent 3r unden rpiorment 3r n ers:s:* : 0+ nte ceter-.:ned iv -he fee
- 2r - :.:e T -asur-rn:usnt o e su:sisnns!.sar sumus stesJ 3r.H
- n steer areas of -?.e
? w..c '.sx 02-.L M S:s:. / :r m -.e r.:e.:e C nme:.r fu s ~;..ned S:2:es. Nepeenvely, cc (21 are ncncernied :encerns
- vh:en have ag--ad :o er'orm sucstant: ally in persistant or sus-nises :o ne Con:rse:mg 0:".cer his vn :en appesi unaer ce sinntial !sbor surpius sress. there dis can be done consistent Disputes c!suse of this contnet. !o de date of (!) s insi judg-vith de ed!etent performsnes of the contnet and at pr:ees no ment bv 2 court of comeetent fu. sdiction, or #2) mailing :n de Contne:or of a sunplemental sgnement for execu* ion e:dar con-nigher das are catsinacie elsewhere. T* e C ntnctor agrees to drmm:r completed negenations betwaen the par:ies or carr tag 2se his best ador.s s piace his suteentnets in sceerdance with 5:s poiler.
out a cee:ston of a board of conene: sppesla. (b) In complying -nd parag spn (a) of this e!suse and vith db) h*ottrithstanding is) acces. f1) interest shall be 2: piled
- srsgrsph (b > of de elsuse ef this contact entit!ed "UtiH
- stion oni:- frem de (iste parment ess due, if such ds:e is Ister dsu de d!!=g of sppest. and t2) in:erest shall not be paid for sny of Small Busmess Concerns" the Con:=ctor in placing his sub-
- ened of *inie dat the Contneting 02.cer determmes de Con-eentnces shsil cbse-e the following order of preference
- (1) nctor has unduir deisyed in pursumg his nmedies before a Cernded-elig:ble concerns vith a drst preference rehich are also board of contrse: appesis or a court of eempecent junsdienen.
I f jf f I[ i) b q ~** Le M w--
- ?=*a~a P r"-!. *.
s s 3*AldCARO MeM 22 ' sew. h3
FPR CHANGES AND NRC ADDITIONS TO STANDARD FORM 32 (1-16.101(c)) N PR07:SICNS (SUPPLY CCNTRACI) Uune 1976) ADDITICNS CCNS M 2 C LCICLES THRCUCH 26. ALTE3A!!ONI d The folleving alterations to the provisions of Standard Form 32, General Provisions, of this contract were made prior to execution of the contract by the parties: 1. DE7ETITICNS a. The following paragraph (d) is added to this clause: "(d) The tern "Cc=siseien" or "URC" neans the United States Nuclear Regulatory Coc=1ssion or any duly authori:ed representative thereof, including the Contracting Officer except for tht purpose of deciding an appeal under the Article " Disputes." 27. LIST 2iG OF EMPLOT.ENT OPEIINGS (FPR Temp. Reg. 39) (Amplicable to Contracts Involving $10,000 or More) DISA3 LID 7ETERXIS AND beeXIS OF THE 71E"'UAM ERA The cenersetor v111 not discr1=inato assinst any e=ployee or applicant for a. e=ployment because he or she is a disabled veteran or veteran of the Vietnam s.ra in regard to any posi:fon for which :he u::ployee or applicant 3er e=ple'rment is qualified. The contrac:or agrees to take affir=stive action to e= ploy, advance in e= ploy =ent, and otherwise : rest qualified disablad vetarsas and veternas for the Vietna= -va vi:hou: disc d-4" tion based upcn their disab11':7 or veterans status in all e= ploy =ent prse:1ces such as the folloiring: e=ployment upgrading, de=ction or ::susfer, recruit =ent, adver-
- 1 sing, layoff or ter=inatien, rates of pay or other forms of ce=pensation, and selectica for ersining, including apprenticeship.
b. The contractor agrees :ha: all sui:sble e= ploy ent openings of the contrac:or which exist at the t1=e of the execution of this contrac: and those which occur duri=g the perfornance of this contract, including those not generated by this contract and including those occurring at an establish =ent of the cenerse:or other than the one whsrein the ccatrset is being perfor=ed but excluding those of independently operatad corporate affiliates, shall be listed at an appropriaca local office of the State employ =ent service systes wherein the opening occurs. The contractor further agrees to provide such reports to such local office regarding a= ploy =ent openings and hires as ss be required. State and local gover=me7c agencies holding Federal contrac:a of $10,000 or nore shall also list all their suitable openings with the appropriate office of the State e=ployment service, but are not required :s provide those reports si.: forth in paragraphs (d) and (e). 5-
Listing of employnent openings with the a= ploy =ent sertice system pursuant c. to this clause sha n be =ade at least concurrently vi:h the use of any other recruitsen: source or effor and shall involve the nor=al obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nouveterans. ~he listing of e=ploysant openings 3 does not require the hiring of any particular job applicant or from any i particular group of job applicants, and nothing herein is intended to relieve the contractor f:cs any requirements in y.xecutive orders or regulations regard-ing nondiscrimination in employment. d. The reports required by paragraph (b) of this clause shan loclude, but not be limited to, periodic reports whieb shall be filed at least quarterly with :he appropriate local office or, where the contractor has = ore than one hiring location in a State, with the cen::a1 office of that State e=ployment sortice. Such reports shall indicate for each h1:1ag location (1) the nu=ber of indivi-duals hired during the reporting period, (2) the number of ncndisabled veterans of the V14 na:s era h ', red (3) :he nu=ber of disabled veterans of :he Vietnam era hired, and A) the :etal nu=ber of disabled veterans hired. ~he repor:s should include covered vetersas hired for on-the-job :: sin 1=g under 38 U.S.C.1737 n e contractor shall submi: a repor. vi:hin 20 days af:er the end of each .eporting period vnerein any perfor=ance is nade on this contract identif7ing da:a for each hiring location. The contractor shall naintain at each hiring location copies of the reports subsi::ed until the expiration of one year af:ar final paTsent under the contract, during which t1=a these reports and related documentation shall be made available, upon request, for m
- cion by any authori:ed representatives of the contracting officer or of the Secretary of Labor.
Occumentation would include persennel records raspecting job openings, recrui:=en:, and placemen:. %enever :he con::sc::: 4. beco es con::se:ually bound :o the '.isting ?:o*?iai:ns of :his clause, t.: shall advise the (=picy:en: servics sys:em in asca 3:ata vnere i: has establish =ents of :he.ama and location of each hiring locacica in the State. As long as the contractor is centractually bound to these provisions and has so advised the Sea:e system, :here is no need to advise the Sta:e system of subsequent contracts. The contrac:or =ay advise :he State system when 1: is no longer bound by this centract clause. f.
- his clause does not apply to the lia:1sg of e=ployment openings which occur and are filled outside the f0 States, the Distric: of Colu=bia, ?uerto Rico.
Coas, and the Virgin Islands. 3 he provisions of paragraphs (b), (c), (d), and (e) of this clausa do not apply to openings which the contrac:or proposes to fill f:cm within his own organi:stien or to fill pursuant to a customary and ::adi:1onal e=ployer-unica hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organi:stion or empJoyer-union arrange = ant for that opening. G
h. As used in this clause: (1) "All suitable e= ploy =ent openings" includes, but is not limited to, openings which occur in the following job categories: pecduction and non-production; plant and office; laborers. and nachanics; superrisory and nonsupervisory; tecLaical; and executive, u 4"istrative, and pro-J fessional openings that are ce=pensated cu a salary basis of less than 4 $25,000 per year. This cars includes full-ti=a e=ployment, ce=porary e=ployment of nore than 3 days' duration, and part-cise e= ploy =ent. It does not include openings which the contractor proposes to fill from within his evn organi:ation or to fill pursuant to a customary and traditional e=ployer-union hiring arrangement nor openings in an educa-tional institution which are restricted to students of that institution. Under the =ost compelling circu::Lstances an e=ployment opening =a7 not be suitable for listing, including such situations where the needs of the Covernment cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Govemnc. (2) " Appropriate office of the State e= ploy =ent service system" =eans the local office of the Federal / State nations 1 system of public e=ploymen. offices with assigned respcusibility for serving tha area where the e=plovnent opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Isir.nds. (3) " Openings which the contractor proposes to fill from within his own organization" means e=ployment openings for which no consideratica vill be given to persons outside the contractor's organi:ation (including an7 affiliates, subsidiaries, and the parent co=panies) and includes any cpe-.ings which the cont:setor proposes to fill from regularly established " sca" sts. (4) " Openings which the contractor proposes to fill pursuant to a cust =ary and traditional e=ployer-union hiring arrange =ent" sans emplo7=ent openings which the contractor proposes to fill from union halls, which is part of the custo=a:7 and traditional hiring relationship which exists between the contractor and representatives of his e=ployees. 1. The cont:setor agrees to ec= ply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. j. In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance =ay be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. k. The contractor agrees to post in conspicuous places a*a11able to e=ployees and applicants for e=ployment notices in a fors to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the contractor's obligatics under the law to take affir=stive actics to e= ploy.
and advance is employ =ent qualified disabled veterans and veterans of :he Vietnas era for e=ployment, and the rights of applican:s and e=ployees. 1. The contractor vill notify each labot union or reprasenta:ive of workers with d which it has a collective barga*ning agreement or other cont:sc: understanding that the contractor is bound by ter=s of the 7ietnam F.ra Veteran's Readjust =ent Assistance Act and is co=mitted to take affir=ative Action to employ and advance in employment qualified ' disabled veterans and veterans of the Vietnam era. The co tractor vill include the provisions of this clause in every subcantract s. or purchase order of $10,000 or more unless exe=pted by rules, regulations, or orders of :he Secretary issued pursuant to the Act, so that such provisions vill be binding upon each subcontractor or vendor. he contractor vill taka such action vi:h respect to any subcontract or purchase order as the D1: actor of the Office of Federal Conerset Comuliance Progra=s =ay direc:
- o enforce such provisions, including action for concompliance.
23. DGlCT."2;T OF *?.I ?.A:; DICA??ID (F?R Temp. Reg. 38) a. he cont:sc:or vill no: dis c:"' =te against any employee or applicant for employ =ent because of physical or : ental handicap is regard to any posi:1on for vnich the e=ployee or applicant for employmen: is qualified. The contractor agrees to ske affi:=ative action to employ, advance is employ =ent and otherwise creat qualified handicapped individuals without discrisina:1on based upon their physical or : ental handicap in all employment prac:1ces such as the following: employ =ent, upgrading, de=otion or ::ansfer, re-c 1:=ent, advertising, layoff c: :a:=1:atica, ra:es of pay or other for=s
- f :::cenaa: ice, and selec:ica for ::aini:;, in: Lding appre :1:aship.
b. The con::setor agrees :s ce= ply with :he rules, agulations, and releva=: orders of :he Secretary of Labor issued pursuant :o the Rehabili:stion Act of 1973 as amended Is the event of the Contrac:or's conce=pliance with the requirements of this c. clause, ac:icus for conce=pliance :ay be taken in accordance vi:h :he rules, regulations and relevant orders of the Secretary of ' abor issued pursuant tq the Act. d. The Contractor agrees to post in conspicuo us places, available to e=ployees and applicants for employ =ent, notices in a form :o be prese:1 bed by the Director, office of Federal Contract Ccsoliance Programs, Depart =ent of Labor provided by or through the Contracting Officer. Such notices shall state the contractor's obligation under the law to take affir:a:ive. action to e= ploy and advance in emoloy= ant qualified handicapped employees and appli-casts for employment, and :he rights of applicants and e=ployees. The Contractor vill notify each labor union or representa:17e of verkers e. with which it has a collec:1ve bargniMng agreement or other con::ac: unce:- s:anding tha: the con::ac:or is bound by :he :a:=s f see:1on 303 of the Act, and is co==1::ed :s taka afit :ative ac: ion :o e : play and advance in employ =en: physi. ally and -ac al*y handicapped incividuals. f. The Contractor will include the provisions of this clauses in every sub-contract or purchase order of $2,500 or more unless exe=pted by rules, reg-ulaticus, or orders of the Secretary of Labor issued pursuant to Jaction 503 of the Act, so that such provisicus will be binding upon each subcontractor or vendor. The Centractor will cake such action with respect to any subcon-tract or purchase order as the Director of the Office of Federal Contract Couplia=ce Progrs=s may direct.co enforce such provisions, including action for noncompliance. 29. CLEAR AIX AND WAl"21 (1-1.2302) (Applicable only'if the contract exceeds $100,000, or the Contracting Officer has derermined that orders under an indefinite quantity contract in any one year will exceed $100,000 or a facility to be used has been the subject of a conviction under the Clear Air Act (42 U.S.C. 1957c-8(e) (1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by E?A, or the contract is not otherwise exempt.) a. The Contractor agrees as fonows: (1) To comply with all the require =ents of section H4 of the Clean Air Act, as a= ended (42 U.S.C. 1357, et seq., as a= ended by Pub. L. 91-604) and section 308 of the Federal Water Pouution Ccutrol Act (33 U.S.C. 1251 et seq., as amended by Pub. L. 95-500), respec-tively, relating to inspection, =cnitori=g, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of the contract. (2)
- hat no portion of the work required by :his pri=e contract will be perfor=ed in a facility listed on the Environ = ental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the E?A ald"d"'tes the na=a of such facility or facilities frem such listing.
(3) To use his best efforts to co= ply with clean air standards and clean water standards at the facilit/ in which the contract is behg perfot=ed. (4) To insarr the substance of the provisions of this clause into any nonezempt subcontract, including this paragraph (a)(4). b. he ter=s.used in this clause have the fonoving maa"igs: (1) The tern " Air-Act" means the Clean Air Act, as a= ended (42 U.S.C. 1857 et. seq., as amended by Pub. L. 91-604). (2) he cars " Water Act" means Federal Water Pollution Control Act, as a= ended (33 U.S.C. 1251 et. seq., as a= ended by ?ub. L. 92-500)..
I (3) The ers " clean air standards" means any *.nforceabla rules, regulations, guidelines, standards, li=1:stions, orders, controls, prohibi:1ons, or other require =ents which are contained in, issued under, or othervise adopted pursuan: to the Air Act or Executive Order 11738, an applicable i=plementation plan as described in section 110(d) of the Clean Air Act
- s (42 U.S.C.1357c-5(d)), an approved i=ple=entacien procedure or plan
( unner see:1on 111(c) or section 1H(d), respectively, of the Air Ac: (42 U.S.C.1857(c) or (d)), or an approved i=plementation procedure under sectica 112(d) of the Air Act (42 U.S.C. IS57c-7(d)). (4) The ters " clean vater sta=dards" means any enforceable limitation, control, condition, prohibi:1ca, standard, or other require =ent which is pro-sulgated pursuant to the Water Act or contained in a per:1: 1ssued to a discharger by the Environ = ental Protec:icu Agency or by a Stata u= der an approved progras, as authoriced by sec:1on 402 of :ha 'Ja:er Ac: (33 U.S.C.1342), or by local gover en: to ensure cc=pliance with pre:reat- =ent regulations as required by sec:1on 307 of the Water Act (33 U.S.C. 1317). (5) The ter: "cc=pliance" =eans ce=plianca vi:h clean air or vacar standards. C:=pliance shan also sean ec=pliance vi:h a schedule or plan ordered or approved by a court of co= pecan: jurisdic: ion, the hvir:n=en:al ?rotection Agency or an air or va:er pollution centrol agency in accor-dance with :he require =ents of the Air Act or 'iater Act and regulattens issued pursuant thereto. (6) The tar: " facility" neans any building, plant, instaH acion, sc:ve:ura, mine, vessel or other floati=g craf:, location, or si:a of operaticus owned, leased, or supervised by a centrac:c or subcon::ac:or, :o be utiliced in the perf:::ance of a c:n: ac:
- sube:ntrac:.
- 'c.ere a
_ cacica c si:a cf opera:i::s c:n: sins or inciacas : ore ::an ene building, planc, insta H atien, or structure. :he entira location or si:a shan be dee=ed :o be a facili:7 except where the Direc: r, Office of Federal Activities, hviron= ental protectica Agency, decar=ines that independent facilitias are colloca:ad is ene geographical area.
- 20. ?EDE?Z., STATE, AND 1CCAL TA225 (1-11.401-1(c))
(a) Except as =ay be othersise provided in this contract, the contrac: price includes all applicable Federal, State, and local : axes and duties. (b) Nevertheless, with respect to any Federal excise tax or du:7 on :he trans-actions or property covered by this centract, if a sca:ute, cour: decisien, vri::en ruling, or regulation takes effect af:ar the c:ncrac: da:a, and-- 1. 2esul:s in the Contractor being required to pay or bear the burden of any such Federal excise :ax or duty or increase in :he rate thereof which would not c:herwise have been payable en such ::ansac:icns or proper:7, :he contrac: price sha n be increased by :he a=ount of such
- a= or duty er rata increase: Provided, tha: he Cen::ac:ce if requested.
by the Cont:seting Officer, warrsnes in writing that no a=ount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price as a contingency reserve or otherwise; or (2) Results in the Contractor not being required to pay or bear the burden of, or in his obtaining a refund or drawback of, any such Federal excise ? tax or duty which would otherwise have been payable on such transacticus or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refund, or drawback, or the a=ount shall be paid to Gover==ent, as directed by the Contracting Officer. The contract price shall be similarly decreased if the Contractor, through his fault or negligence or his failure to follow instructions of the contracting Officer, is required to pay or bear the burden of, or does not obtain a refund or d suback of, any such Federal excise tax or duty. c. No adjustment pursuant to paragraph (b) above vill be =ade under this cont set unless the aggregate a=ount thereof is or =ay reasonably be expected to be over $100. d. As used in parag:sph (b) above, the cars " cont set date" sesns the data set for the bid opening, or if this is a negotiated cont set, the date of this contract. As to additional supplies or sarvices procured by =odifiestion to this cont set, the ters " contract date" means the date of such modification. Cnless there does not exist any reasonable basis to sustain an exemption, the e.a Govertsent, upon request of the Cont setor, without further liability, ag ees", except as otherwise provided in this contract, to furnish evidsnee appropriate to establish exe=ptien f:cm any tax which the Cont:setor warrancs in writing was excluded from the contract price. In addition, the Cent:seting Officer =ay furnish evidenta t: c.stablish exe=ptien f:c= 2ny tax that =ay, pursuant to 4 this clause, give rise to either an increase or decrease in the cont: set price. Except as otherwise provided in this contract, evidence appropriate to establish exemption from duties vill be furnished only at the discretion of the Contracting Officer. f. The Contractor shall promptly notify the Cont:seting Officer of = attars which will result in either an increase or decrease in the cont set price, and shall take actica with respect thereto as directed by the Contracting Officer. 31. "IREIATICN FOR CCN7ENIINC2 07 THE GCVERmE'Nr (1-3.701) a. The perfor=ance of work undar this contract =ay be terMnnted by the Govern =ent in accordance with this clause in whole, or from time to ti=e in part, whenever the Contracting Officer shall datermine that such terninstion is in the best interest of the Gover= ment. Any such cersination shall be effected by delivery to the Contractor of a Notice of Ter*mation specifying the extent to which perfor=ance of work under the contract is termi=ated, and the date upon which such tarni=ation beccmes effective. 1; _
b. Af ter receipt of a Notice of Te=ination, and except as otherwise direc:ed by the Contracting Officer, the Contractor shall: (1) Stop verk under the contract on :he date and to the extent specified in the Notice of Te=ination; 3 \\ (2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the contrac: as is not ter=1 sated; (3) Ters1nate all orders and subcontracts to the extent that they relate to the perfor=ance of work terminated by the Notice of Termination; (4) Assign to the Gover=sent, in the sanner, at the ti=es, and to the extent directed by the Contracting Officer, all of the right, ti:le, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Gover==ent shall have the right, in 1:a discretion, :o settle or pay any or all claims arising cu: of the :er-instion of such orders and subcontracts; (3) Settle all ou: standing liabill:ies and all clai=s arising out of such
- er=ination of orders and subcontrac:s, vi:h :he approval or ratification of the Contracting Officer, to the extant ha =ay require, which approval or ratification shall be final for all the purposes of this clause; (6) Transfer :itle to the Gove=sent and deliver in the =anner, at the t1=es, and to the extent, if any, directed by :he Contracting Officer, (1) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connec:ica vi:h the perf:=anca of, :he work :erminac2d by :he No: ice Of Te=1:a:1:n. and (ii) :he completad or partially ce=cleted plans, f ravings, inf o=ati n and other property which, if the centrac: had been completed, vould have been required :o be furnished to :he Govern =ent; (7) Use his best efforts to sell, in the manner, at :he times, to the er:ent, and at the price or prices directed or authorized by :he Con:: set _.g Officer, any property of :he types referred :o in (6) above:. rcoidani, h.=; aver, That the Contractor (1) shall not be required to entend credit to any purchaser, and (ii) =ay acquire any such property under the condi-tions prescribed by and at a price or prices approved by the Contracting Officer:
And, rovifad f.a*:h.s?, That the proceeds of any such ::ansfer or disposition snall be applied in redue:1on of any pay =ents :o be =ade by the Gover==ent to :he Contractor under this contract or shall otherwise be credi:ed to the price or cost of the work covered by this con::act or paid in such other sanner as the Contrac:ing Officer =2y direct; (3) Complete performance of such pret gf the work as shall not have been ta=inated by the Notice of Ter=ination; and (9) Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Cover: ment has or may acquire an interest. ' ~ c. At any ef=a after expiration of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procure =ent Regulations (41 CyR 1-8.1), as the definition say be amended from ti=e to time, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of any or all ite=s of termination inventory not previously dis-posed of, exclusive of items the disposition of whb h has been directed or authorized by the Contracting Officer, and =ay request the Gover==ent to remove such items or enter into a storage agree =ent covering them. Not later than fif teen (15) days thereafter the Government win accept title to such itens and re=ove them or enter into a storage agree =ent covering the same: !+cuidad, That the list submitted shall be subject to verification by the Contracting Officer upon re= oval of the items or, if the ite=s are stored, within forty-five (45) days from the date of sub-sission of the list, and any necessary adjustment to correct the list as submitted shan be sade prior to final sectie=ent. Af ter receipt of a Notice of Ter=ination, the Contractor shan submit to the c. Contrac:ing Officer his ter=ination clais, in the form and with certificatien prescribed by the Contracting Officer. Such clais shan be submitted pro =ptly but is no event later than one year from the effective date of ters1=ation, unless one or = ore ex ansions in writing arin granted by the Contracting Officer upon request of the Contractor made in writing within such one-year period or authorized extension thereof. However, if the Contracting Officar deter =ines a that the facts justify such action, he =ay receive and act upon any such ter=ination clais at any ti=a after such :ne-year period or any axtension thereof. Upon failure of the Contrac:or to sub=1e his ter=ination clais within the c1=e aHoved, the Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execuchn of this contract, determine, on the basis of infor=ation available to him, the amount, if any, due to the Contractor by reason of the ter=1=ation and shall thereupon pay to the Contracecr the a=ount so deter =ined. d. Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, the Contractor and the Contracting Officer =ay agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the corsi or partial ter rheion of work pursuant to this close, which a=ount or amounts say include a reasonable anovance for profit on work done: Prcr1Lisd, That such agreed amount or amounts, exclusive of settlesent costs, shan not exceed the total contract price as reduced by the amount of payments otherwise =ade and as further reduced by the contract price of work not terminated. The contract shan be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribi=g the amount to be paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to agree upon the whole a=oun: to be paid to the Contractor by reason of the ter=ination of work pursuant to this clause, shall be dee=ad to l'* :, res:rict, or othervise deternise or affect the a=ount or a=ounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph (d). 3 In the event of the failure of the Contractor and the Contracting Officer :o e. agree as provided in paragraph (d) upon the vbole aoount to be paid to the Contractor by reason of the termination of work pursuant to this clause, the Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of :his contract, determine, en the basis of infornation available to him the a=ount if any due to the Contractor by reason of the terminatica and shall pay to the Contractor the amounts decer:21:ed as follows: (1) For ce=pleted supplies accepted by the Gover==ent (or sold or acquired as provided in paragraph (b) (7) above) and not theretofore paid for, a sus equivalent to the aggregate price for such supplies co::put'ed in accordance with the price or prices specified in the cen:: set, apprcpriately adjusted for any saving of freight or other charges; (2) The :otsi of-(1) ~he costs incurred in the 7erfor=ance of :he cork ter=inated, includi:3 1:1:ial costs and ;;eparatorf expense allocable thereto, but exclusive of any costs attributable to supplies paid or to be paid for under paragraph (e) (1) hereof; (ii) The cost of settling and paying clai=s arisug out of the :er=ina:1cn of work under subcon:: acts or orders, as provided in paragraph (b) (3) above, vr.ich ara picperly char esb'.a :o :he :er-Se:ad po::i:n of :he cent:se: (exclusive of a=oun:s paid or payable en accou== of supplies or =acerials delivered or sertices furnished by subec=c:setors or vendors prior :o the effective date of :he 'iotics of Ter=ina:1cs, which a=ounts shall be included in the costs payable under (1) above); and (iii) A su:2, as profi: en (i), abcve, deter =ined by the con:: acting office pursuant to i 1-a.303 of the Fedaral Procurement Regulations (41 CyR l-8.303), is effect as of the date of execution of this centrac:, to be fair and reasonable: Prrr ded, h.raarer, That if it appears that the cent:setor would have sustained a loss on the entire centract had it been c==pleted, no profit shall be i=cluded or allowed under this subdivision (iii) and an appropriate adjust =ent shall be made reducing the a=ount of the settle =ent to reflect :he indicated rate of loss; and (3) The reasonable costs of se::le=ert, including accoun:ing, lessi, clerical, and other expenses reasonably necessary for the preparation of set-dement cla1=s and supporting data vich :sspect :o :he :er=inated portion of the 13 -
contract and for the eersination and settlement of subcontracts the reunder, together with reasonable storage, transportation, and other costs incur:ed in connection with.the protection or disposition of proper *.y allocable to this contract. i The total su:2 to be paid to the Contractor under (1) and (2) of this i paragraph (e) shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the er.atract price of work not terminated. Except for nor=al spoilage, and except to the extent that the Gover=nent shall have othereise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor as provided in (e) (1) and (2) (1) above, the fair value, as decernined by the Contracting Officer, of property which is destroyed, lost, stolen, or damaged so as to become undeliverable to the Gover= ment, or to a buyer pursuant to paragraph (b) (7). f. Costs cla1=ed, agreed to, or detersined pursuant to paragraphs (c), (d), and (a) of this clause shall. be in accordance with the applicable contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations (41 Cn 1-15) in affect on the data of this contract. e a g. The Contractor shall have the right to appeal, under the clause of this contract entitled " Disputes," from any determination =ade by the Contracting Officer under paragraph (c) or (a) above, except that, if the Contractor has failed to submit his cla1:2 vithin the cima provided in pqragraph (c) above and has failed to request extension of such t1:e, he shall have no such right of appeal. In any case where the Contracting Officer has made a deter =inatien of the amount due under paragraph (c) or (e) above, the Gover=sent shall pay to the Contractor the following: (1) if there is no right of appeal hereunder or A if no ti=ely appeal has been takan, the a=ount so detarsined by the Contracting Of ficer; or (2) if an appeal has been taken, the a=ount finally decarmined en such appeal. h. In arriving at the amount due the Contractor u= der this clause there shall be deducted (1) all unliquidated advance or other payments en account theretofore sade to the Contractor, applicable to the terminated portion of this contract; (2) any claim which the Govern =ent say have against the Contractor in connection with this contract; and (3) the agreed price for, er the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor or sold, pursuant to the provisions of this clause, and not otheraise recovered by or credited to the Govermt. 1. If the corsination hereunder be parrial, prior to the settlement of the termi-naced portion of this contract, the Contractor =ay file with the Contracting Officer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not carsimated by the Notice of Tarsination), and such equitable adjustment as may be agreed upon shall be =ade in such price or prices. ) j. The Gover==ent say from time to time, under such terss and conditions as it =ay prescribe, nake partial pav=ents and payments on account against costs incurred by the Contractor in connec: ion vi:h the terminated portion of this cont: set whenever in the opinion of the Contractin; Officer the aggregate of such pay =ents shall be vi:hin the a=ount to which the Contrac:or 4 vill be entitled hereunder. If the total of such paynents is in excess of the a:nount finally agreed or decernined to be due under this clause, such excese shall be payable by the Contractor :o the Gover= ment upon demand, together with interest computed at the race of 6 percent per annum for the period from the date such excess payment is received by the Contractor to the data on which such excess is repaid to the Gover==ent: .Drcr* dad, Itcusver, That no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's clata by reason of retention or other disposi:1on of termination i=ven:ory until tan days af:er the date of such retention of disposi: ion, or such later data as deter =1 sed by the Contracting Officer by reason of the circumstances. k. Unless otherwise provided' for in this con:: set, or by applicabla s:s:u:a, the Cont sc or, fres the effec:1ve da:e of :ermination and for a period of three years af:ar final settle ent under this contrac:, shall preserve and make available to the Gover==ent at all reasonable ti=es at
- he office of the Contractor but without direc: charge to :he Govern =ent, all his boeks, records, documents, and other evidence bearing on the costs and expenses of the Cont:sc:or under this cont:sc: and relating to the work :er=inated hereunder, or, to the ex ent approved by the Contracting Officer, photog:sphs, sierophotographs, or other authentic reproductions thereof.
32. MI:;0RI T 3CS :iESS I:.JRISIS SU3CO:t 3ACTI:tG ?RCG3xi (1-1.1310.2(b)) 1. 'ha Cont:se:c: a;rees to establish 2nd condue: a pre; 2= un:.ch sili anabla ninor:.:7 business en:ar; rises (as defined in :he cisuse enti:12c "U:ili:s:1:n of Minert:7 Business Encer; rises") :o be considered fairly as subcentrac: ors and suppliers under this conerse:. In this connec: ion, :ne Con:rsc:c shall-- (1)
- esignate a liaison officer who will ad,wicer the Con:rsetor's sinority business enterprises program.
(2) Provide adequate and ti=ely consideration of :he potentialities of known sinority business en:erprises in all "=ake-or-buy" decisions. (3) Assure that k= ova sdsority business enterprises vill have an equitable opportuniry to compete for subcentrac:s, particularly by arranging solici:stions, ti=a for the preparation of bids, quantities, specifica-tions, and delivery schedules so as :o facili:ste the participation of sinority business enterprises. (4) Maintain records showing (1) procedures which have been adopted :o comply with the policias set forth in :his clause, including the establish =ent of a source list of sincrity business enterprises. (ii) awards to sinori:7 business enterprises on :ha source list, and (iii) specific effer:s :o identify and award cont:se:s to =inori:7 business encar; rises. (5) Include the Utili:stion of Minority Business Enterprises cisuse in subcontracts which offer substantial sinority business enterprises subcontracting, opportunities. (6) Cooperate with the Contracting Officer in any studies and surveys of the Contractor's sinority business enterprises procedurcs and practices t that the Contracting Officer may frem ti=e to time conduct. ('i) Submit periodic reports of subcontracting to k=own minority business enterprises with respect to the records referred to in subparagraph (4), above, in such form and =anner and at such time (not more often chan quarterly) as the Contracting Officcr =ay prescribe. b. The Contractor further agrees to insert, in any, subcontract hereunder which =ay exceed $500,000, provisions which shall cenform substantially to the language of this clause, including this paragraph (b), and to cotify the Contracting Officer of the names of such subcontractors. 33. PREFERENCZ FOR U.S. FLAG AIR CARRIIRS (1-1.323-2) '?ub. L. 93-623 requires that all Federsi agencies and Gover==ent conersetors a. and subcontractors will use U.S. flag. air carriers for international air transportation of personnel (and their personal effects) or property to the extent service bF such carriers is available. It further provides that the Conperoller General of the United States shall disallow any expenditure from appropriate furds for international air transportatien on other than a U.S. flag air carrier in the absence of satisfactory proof of the necessity therefor. b. The contractor agrees to utili:e U.S. flag air carriers for inter.scic al air transportation of persocnel (and their perscnal effects) or property to the extent service by such carriers is available. In the event that the contractor selects a carrier other than a U.S. flag c. air carrier for international air transportation; he'will include a certifica-tion on vouchers involving such trae m rtarian whic.h is assentisily as follows: CERTIyICATION OF CNAVAII.ABILI"Y OF U.S. YLAG Ara t mnw I hereby certify that ersnaportation service for personnel fand their personal effects) or property by certificated at carrier was u=available for thu following reasons: (state reasons) 34 NOTICI TO T3Z GOVERICETT OF LABOR DISFUIZS (1-7.203-3) k"henever the Contractor has knowledge that any actual or potential labor a. dispute is delaying or threatens to delay the timely perfor=ance of this ' See Federsi Procure =ent Regulations (41 C7R 1-1.323-3) or section 1-336.2 of the Ar:ed Services Procurs=ent Regulations, as applicable. contract, :he Contrac:or shan i==ediately give notice thereof, including all relevant infor=ation with respect : hereto, to :he Contrac:ing Officer. ,b. The Contractor agrees :o insert :he substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispu:e d =ay delay the timely performance of this contract; except that each such subcontract shall provide that in the event its ti=ely performance is delayed or threatened by delay by an actual or potential labor dispute, the subcon-tractor shall 1.unediately notify his next higher tier subcontractor, or the pri=e Contractor, as the case say be, of au relevant infor=acion with respect to such disputes.
- 35. PERF.I'S (9-7.5006-48)
Except as otherwise directed by the Contrac:ing Officer, the contractor shall procure au necessary permits or licenses and abide by an applicable laws, regulations, and ordinances of the Uni:ed States and of the Stata, territory, and political subdivision in which the work under this cenerse: is perfor=ed. 36. RETECOT7ATICN (9-7.50Ck-20) If this contrac: is subj ect :o the Renegotiation Act of 1951, as amended, :he folleving provisions shall apply: a. This centract is subj ect :o the Renegotiation Act of 1951 (50 U.S.C. App. 12H, et. seq.), as a= ended, and to any subsequent act of Congress providi=g for the renegotiation of contracts. Nothing contained in this clacsa shall i= pose any renegotiation obliga: ion with respec: :o :his contract or an7 subcontrac: hereunder which is not i= posed by an ac: of C:ngress hers: f:ra or harasf:ar enac:ac. Subjac :: :he forag: ng, -his shall be dee=ec :o centain all :he provisions recuirad by sec:ica c:n=rac: 104 of :he Renegotia: ion Ac: of 1951, and by any such other ac:, vi:hout subsequent con::act a=end=ent specifically incorpora:ing such previsions. b. ~he contractor agrees to inser: the provisions of :his clause, including this paragraoh (b), in an subcontrac:3, as that :er= is dafined in see:1on 103 3. of the Renegotiation Ac: of 1951, as a= ended. 37. PAFi! INDEdNITT (9-9.5009(c))
- he Contractor agrees :o inde=nify the Gover==ent, its officers, agents, servants, and a=ployees agaisse liability of any kind (including costs and expenses incurred) for :he use of any invention or disenvery and for the infringe =ent of any Letters ? stent (not including liabilley, arising pursuant to See:1on 133, Ti:le 35, (1952) U.S. Code, prior to the issuance of Lat:ers Patent) occurring in the perfor=ance of this contract or arising by reason of the use of disposal by or for the acccuse of the Gover~ ent of items =anufactured or supplied under :his C ntract.
- L9 -
- 33. REPORTING OF ROYALnZS (9-9.3011)
If this centract is in an amount which exceeds $10,000 and if any royalty pay =ents are directly involved in the contract or are reflected in the contract price to the Government, the Contractor agrees to report in writing to the ,3 Co:=:sission (Patent Counsel, Offi<>e of the Executive Lagal Director) during the perfornance of this contract and prior to its completion or fi=al settle =ent the amount of any royalties or other payments paid or to be paid by it directly to others in connection with the perfor-tance of this contract together with the names and addresses of 11 censors to whom such payments are made and either the patent nu=bers involved or such other infor=ation as vill - per=1t identification of the patents or other basis on which the royalties are to be paid. The :pproval of the Co= mission of any individual pay =ents or royalties shall not estop the Government at any cine frem contasting the enforceability, validity or scope of, or title, to, any patent under which a royalty or pay =ents are made. 39. NOTICZ REGARDING LATZ DELI 7ERY (1-7.004-4) In the event the Contracecr encounters difficulty in meeting perfor=anca requirements, or anticipates difficulty in ce= plying with the contract deliver 7 schedule or date, the Contractor shall i= mediately notify the Contracting Officer thereof in writing, giving pertinent details, including the date by which it expects to complete perfor=ance or ~ake delivery: Provi.ded, hecever, That this data shall be informational only in character and that r,eceipt thereof shall not be construed as a vaiver by the Govern =ent of any contract delivery schedule or date, or any rights or remedies provided by law or under this contract.
30. STCP '.40RX ORCER (a) The Contracting Officer may, at any time, by written order to tne Contractor, require tne Contract:r to ::co all, or any cart, cf =e work called for by this centract for a period of ninety (90) days after the order is celivered to the Contractor, and for any further :eriod at wnich the parties may agree. Any tuch order snall be specifically identified as a Stop Work Order issued pursuant to this clause. Upon i 4 receiot of such an order, the Contractor shall forthwith comoly with its tems and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoccage. Within a period of ninety (90) days after a stop work order is delivered to the Contractor, or within any extension of that period to wnich the parties shall have agreed, the Contracting Officer 'shall either: (i) cancel the step work order, or (ii) terminate the work covered by sucn Orcer as provided in the "Cefault" or the " Termination for Convenience" clause of 2nis Contract. (b) If a st:s work order issued under this clause is cancellec or tne ceriod of :ne or:er or any extension thereof exoires, the C:n:ractor sna11 essume wor <. An equitacie adjus=ent snall be made in the celivery senedule or contrac: orice, or botn, and :he c:ntract shall be
- cdified in writing ac:Orcingly, if:
(i) the stop work order results in an increase in :ne time recuired for, er in the Contractor's cost ro:erly allecable to, tne cerformance of any part of tnis 0:ntraC, anc (ii) the Contrac:Or asserts a claim for sucn acjus=en: rii :ni n
- nirty (30) cays after the end of the :eriod Of work s ::: age; provided that, if the Contracting Officer decides the facts justify sucn action, he may receive and ac:
u:en any sucn claim asserted a: any time price to final payment under this c:ntract. (c) If a 3:00 work order is not canceled and the work covered by sucn order is terminated for the convenience of the Government, the reasonaole costs resulting fecm the st p work arcer snall be ailewec in arriving at the ternination settlement. (d) If a step work order is not canceled and tne work covered by sucn order is :arminated for default, the reasonable costs resulting fecm the s: p work order snail be allcwee by equi:able adjustment or c=er.41se. 21
41. PUBLICATION AND PUBLICITY Unless otherwise specified in taf contract, the Contractor is encouraged 4 to publish and make available through accepted channels the results of its work under this contract. The Contractor shall submit a copy of each article or other information to the Project Officer orier to publication or dissemination for public use. If the article or other information is subsequently modified or altered in any manner, the Contractor shall promptly notify tne Project Officer and furnish him/her a copy of the article or other information as finally submitted for publication or dissemination. The Contractor s. hall ackncwledge the support of the U. S. Nuclear Regulatory Commission whenever publici:ing the work under this contract in any media. To effectuate the foregoing, the Contractor shall include in any publication resulting from work performed under this contract an acknowledgement substantially as follows: "The work ucon which this pubitcation. is based was performed pursuant to Cootract (insert number) with the (insert name of constituent agency), U. S. Nuclear Regulatory Ccmission." Either Clause No. 42. entitled " Dissemination of Contract Information" or Clause No. 41 is for appitcation cut not botn. In ene aosence of a clear delineation, Clause No. 41 applies. 42. DISSE *4I"ATICN OF CONTRACT IMF0pMATION The Contractor shall not publish, permit to be pubitshed, or distribute for public consumption, any information, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. (Two copies of any material oroposed to be pus 11shed or distributed shall be submitted to the Contracting Officer.) Failure to comply with this clause shall be grounos for termination of this contract. 22 s e
43. 'iCRX FOR OTHERS tiotwithstanoing any atner provision of nis contract, during the term of this contrac:, the contractor agrees to forego entering into consulting or otner contractual 6
- ngements with any firm or organization, the result of wnica may give rise to an actual or apparent conflict of interest with respect to the work being performed under this contract.
The contractor shall insure that all employees designated as key personnel f f any, under this contract abide by the provisions of this clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organi:ation may involve a possible conflict of interest, the contractor shall obtain the written aporoval of the Contracting Officer prfor to execution of such contractual arrangement.
( l 44 l PRI::I REDUC !ON FOR DEFIG CCST OR PR1"ING DATA - ??.ICI ADJUSTMICS (1-3.314-1(b) ) i (a) This clause shall bec==e operative o=1y with respect to a=y =odifica:ics of this c=ct:se: which i=volves aggregate increases and/or de: eases is costs plus i applicable profits in excess of $100,000 u:less the modification is priced on the basis of adequate price ce=pe:1:1on, established catalog or =arket prices of ce= er d inc=s sold is substantial quantities to the general public, or prices set by law or regula:ioc. The right to price reduction under this clause is 'd-d:ed to def ects in da:a relating to such modification.. (b) If any pric'n, includi=g profit, or fee, negotiated is connec:1on with any price adjus =en under thht contract was increased by a=y significant su=s because: i i (1) The Con = actor furnished cost or pricing data which was not ac:ura:e, co=ple:e and curren: as certified in de Contrac:c 's Cartificate of I Curren: Cos: or ?: icing Data; (2) A sube::::act::, pursu::: to the clause of this e::=act entitled l "Subcontrac:c: Cost or ?:ici:3 Dats" or "Subces:: actor Cos: c ? 1:1:3 Da a-? ice Adjus =a:.s" or any sube::::ac: clause therei: requhed, furnished cos: or pricing da:a which was not accura:e, co=plete and current as certified in the subconnae:c 's, Certifica:e of Current Cos: or ?: icing Data; i I (3) A subconnae:c: or p:cspe::ive subcen = set:: furnished ces; or i pricing da.s which was required to be accurate, co=picte and curren: and to be suk-d ---d c supper: a subcon=ac: ecs: esti= ate furnished by the Cot.crac= : bu:- which was not accurate, cceplete and current as of the da:e ce "'d ad d-the Ce - trac:c:'s Certificate of Curren: Cos: or ?:1:1:3 Data; c: (4) The Con::a ::: or a subce== actor c: p;cspe::ive sube::::a:o furni:hed any da:2, ac: within (1), (2) c (3) abeve, which was no: accurate, as subcited; che price shall be reduced ac:ordingly and the cc =se: shall be codified is writing as sy be necessary :o reflect such reduction. However, any reductie l 1: the cen 2 : price due to def ective subco==act da:s of a prospe::ive subces-trae:::, whe the sube:n cac: was no: subsequently awarfed :o. such subec=::se:::, ill be li=i:ed to de a=oun:-(plus applicable overhead and p cfi: =aricap) by whi:h the 20::21 subcennac:, er ac:usi ecs: :o de Con::sc:c if dere was o subce= =act, was less das the p =psac:1ve subcon=act cos: es"-4:e sub=ined by :he Con::sc o= P::vided the ac:nal sube=ana:: price was =ct affe::ed by defac:ive ::s: or p:1:1:3 da:a. (No te: Since the cen =act is subject to redue:1on under this clause by reason of defactiva cost or pricing data subsit:ed is connec:1on with certain subcentrac s, it is expected da: the Contrac:or :ay wish to include a clause is each such sube=ucrae: requi:1:.3 the subcostrac::: :o appr:pri.s:cly ind y de { Con =ac:or. It is also expected thac an7 subcon=ac:c subj ect to such inde-* 'i-cacion vill generally require substaned d 'y si=ila: 1:d* fica:1:n for defec:ive ! cose or pric1=g data required to be subsi::ed by his lower tier subc::=ac: ors.) 2 l (c) Failure to ag ee en a reductica shall be a disputa concerni:3 a ques:1:n of fac: vi-'d-the seasing of the "Dispu:as" clause of thia con =ac:. . _.. ~.
- 45. AUDIT (1-3.814-2(a))
(a) General. ne Contracting Officer or his represe::stives shall have the audi: and 1:spection rights described in the applicable paragraphs (b), (c) and (d.) belev. (b) Exa=i=ati== of costs. If this is a negotia:ed fi=ed-price cype, cost-j r ei= burs e=es: :ype, '---~'ve, ti=e and =atarials, labor hour, or price rede:er-i r.1:able contract, or acy ce=binatice thereci, the Cent:se::: shan =ain sis, a=d l the Con = acting Officer or his represents:1ves shan have he righ: to e=a=1:e books, re:ords, docu=ents, end other evidence and accounting procedures and practices, sufficient to reflue: properly all direct and indirec: costs of whateve: =a t= e clai=ed :o have been incu=ed and anticipated to be i= curred for the perfor=ance of this contrac:. Such right of av'-4--:.on shall include 1:spectice at all reasonable :1=es of the tontracter's pla::s, or such parts thereof, as =sy be engaged in the performasce of this cc =act. l I (c) Cos: or pricing data. If the Cent ac:or sub=1 ed cos: or pricing data in co==ectics with the pricing of thir. contract or any change or niedification thereto, unless such prici=g was based on adequa:e price c = petition, es:ablished estalog or = ke: prices of co==er:ial ite=s sold is subs a:- quanti:ies to.he,eneral ~ public, or prices se: by hv or reguhti:, the Con :a :ing Officer or his rep- . rese::stives, who are e=pl yees of the U:1:ed S 2:ss Gever =a : shan have he right to av' dme all books, records, docu=ents and other data of the Ccatrae::: related to the negotiati::, pricing er perfo::ance of such contrac:, change c: =odification, t fe the purpose of evalue.:i=g the ac:=acy, ce=pleteness and c=re :y of the ces: f or pri:ing da a submi::ed. Additi:: ally, in the case of pricing c=y 4'
- e c
=odifica:iion exceeding $100,000 to fer=any adver.ised contracts, the Cc=p::clier l Gener 1-of the United States c: hi.s represents:1ves who are e=ployees of the Uni:ed i S:2:es Gover==e:: shall have such rights. n e ri;h of e" '--:1:: shall e=:end t: an docu=en_s necessary to per.1: adequate evaluatic: =f the ces: c: prici=g da_a subcitted, alcag vi.h the creputa: ions a:d projectie:s used thereis. 1 I (d) Availability. ne =2:erials described is (b) a:d (c) ab ve, sha.11 be cade available a: the office of the Cc = 2::::, at all rease able ti=es, fe inspe::1 :, audi: c reprodu::1 =, until the expiratics of 3 ye :s f := the dste of final pay =en: under -'de
- ac: or such lesse: '-- specified i: Par: 1-20 of the Federal procee=en: Regula:1ces (41 CyR ?ar: 1-20) and fe such longer period, if acy, as is required by applicable statute, or by other clauses of -' d e
cen eset, or by (1) and (2) belev: (1) If this con =act is c =ple:ely c partiany te =inated, the receris seh:ing :o he work :er=ina:ei shan be =ade available for a peried of 3 years f:c: the date of any resulting final se::le=ent. (*) Records which rela:e to appeal.s under the " Disputes" clause of this con =ac:, or litigati:n or the.se::le=e:: of cla1=s arisi g out of the perfor=ance of this cent::ct, shall be made avaihble u=:il such appeals, litigati :, c: clai=s have bee: disposed of. (e) n e Cecerac::r s"211 i=ser: a clause ceneaining all che previsicus of
- his chuse, includi:g :his paragraph (e), is all subc::= acts hereusder em:ap:
al:ered as cecessary for pr per ide :ificatica of :he con =ac ' 7 parties and the Cen=sc-' ; Cffice: u:dar the OcVer==en: pri=e ce= =ac:. (f) Repce:s. n e Con =ac::: shall furnish such pr:gress reports and schedules, f *--- l and cost repor.s and other repor.s cencer=ing the work under :his cc =a : as the ces::ac:ing effice: :ay f:: 1=e to ti=e require. h@ W e eM
- .i h
4 W O O
( .~ Clause 46.- Subcontractor Cost or Pricing Data - Price Adjust:nents FPR 1-3.814-3(b) D ~ [,,f ' n],,, L SmuccarTsacTom Carr ca.PsJerA Dah Aamerarmers (a) Paragrspha (D) and (c) qf 1. hts chuse shan become operntsve only wtth respect so any mod 1Scarica made pursuant to cae or EDort prot 1alona Of this CEntrac1 Wik3ch 13 volves aggrepte nr.creasse and/or decreases in ecsta paua appitentle procta expected *4 exceed $100hCO. *:te require enta of this clause snan be 12n21 tad to such :nociacaucas. (b) W Centractcr shall require subeca. trac.4rs cereunder tu sammit cost or prtetsg d&Ca under the following circutnatance8' (1) P-ter to the avant of any subca-wt the amount of *=hich la eayected to , ed $100.C00 when eatered into. -(2) Prter to the pricing of any subcon. tract oci.astien wtttch inMires aggregste increases and/or decremaea Ln costa plus apa p11 cable prodte expected to exc ed $100.0001 except waere tue prtco is based on adequata price compet1*1on, establi.had catalog et znarset prices of ccm=eretsa itazas sold in sumatsnt:a1 quan:Ites to tre genersi pub- !!c. ce prices ses by law or regulaticn. (c) ':ta Con:rsctor saall requtre suboon. tracters to cert:fy that to the best of their know! edge and belief the ccet or pricing dat.s suotnitted under (b) above is accurate, com. ~ ' plate. and cur ens se of the date of agr-e-me.1% on the negotiated price of the subcont. 45 or su bcont.vt change or w mod 1*ca non. (d) The Contracter stad insert the sub. stance of this clause :nclucing this pars-graph (d) in eac.h subcontract unica exceeda $100.0'M. e 4 6 g-O G.
f~ ( ~ j. Clause No. 47 ' SERVICECONTRACTACi0F1965,ASAMENDED(FPR 1.-12.904-1) (Contracts in Excess of $2,500) This contract, to the extent that it is of the character to which e the Service Contract Act of 1965, as amended (41 U.S.C. 351-357) applies, is subject to the folicwing provisions and to all other applicable pro-visions of the Act and regulations of the Secretary of Labor thereunder. (a) Comoensation. Each service employee employed in the performance of this contract oy tne Contractor or any subcontractor shall be paid not less than the minimum monetary wage and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or his authorized representative, as specified in any attachment to this contract. If there is such an attachment, any class of service employees which is not listed therein, but which is to be employed under. this contract, shall be classified by the Contractor so as to provide a reasonable relationship between such classifications and those listed in the attachment, and shall be paid such monetary wages and furnished such fringe benefits as are detemined by agreement of the interested parties, who shall be deemed to be the cont.racting agency, the Contractor, and the employees who will perform on the contract or their representatives. If the irterested parties do not agree on a classification or reclassification which is, in fact, confor=able, the Contracting Officer shall submit the question, together with his recommendation, to the Office of Special Wage Standards, Employment Standards Administration (ESA), Department of Labor o for final determination. Failure to pay such employees the cocoensation agreed upon by the interested parties or finally determined by the Adminis-7 trator or his authorizec representative shall be a violation of this contract. No employee engaged in performing work on this contract shall in any event be paid less than the minimum wage specified under Section 6(a)(1) of the Fair Labor Standards Act of 193,8, as amended. (b) Adiustment. If, as authorized pursuant to Section 4(d) of the Service Contract Act of 1965, as amended, the term of this contract is more than 1 year, the minimum monetary wages and, fringe benefits required to be paid or furnished thereunder to service employees shall be subject a to adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations to be issued by the Employment Standards Administration, Department of Labor as provided in the Act.. (c) Oblication to furnish frince benefits. The Contractor or subcontractor may otscnarge tne coiigation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of fringe benefits, or by making equivalent or differential payments in cash in accordance with the _. applicable rules set forth in 29 CFR Part 4, Subparts 8 and C, and not - - - othemise. .:a -e e_ Wh e a pg
f ~ i . Mme Ib. 47l(cmimwl) (d) Minimum waoe. In the absence of a minimum wage attachment for this contract, neitner the Contractor nor any subcontractor under this contract shall pay any of his employees performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by Section 6(a)(1) of the Fair Labor Standards Act of s.4 1938, as amended. Nothing in this provision shall relieve the Contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage to any employee. (e)' Oblications attributable to oredecessor contracts. If this contract succeecs a contract, suoject to tne Service Contract Act of 1965, as acended, under which substantially the same services were furnished and ser/ ice employees were paid wages and fringe benefits provided for in a collective bargaining agreement, then in the absence of a minimum wage attachment for this contract neither the Contractor nor any subcontractor under this contract shall pay any service emoloyee perforning any of the contract work less than the wages and fringe bene-fit's, provided for in such collective bargaining agreements, to which such employee would be entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under'this contract may be relieved of the foregoing obligation unless the Secretary of Labor or his authorized representative determines that the collective, bargaining agreement applica-ble to servica employees employed under the predecessor contract was not entered into as a result of arm's-length negotiations, or finds, after a hearing as provided in Department of Labor regulations, 29 CFR 4.10, that the wages and fringe benefits provided for in such agreement are substan-tially at variance with those which prevail for services of a similar character in the locality. (f) Notification to emolovees. The Contractor and any subcontractor under this contract. snal a notiry each servica " employee ccmmencing work on this contract of the minimum wage and any fringe benefits required to be paid pursuant to this contract, or shall post a notice of such wages and benefits in a prominent and accessible place at the worksite, using sucn poster as may be provided by the Department of Labor. (g) Safe and sanitary workina conditions. The Contractor or subcon-- tractor shall not permit any part or tne services called for by this contract to be performed in buildings or surroundings or under working - conditions provided by or under the control or super /ision of the Contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the Contractor or subcontractor shall comoly.dth the safety and health standards applied under 29 CFR Part 1925. ,n
- 4 er
f (' ls y 3- ~ clause No. 47j (Ccntirred) (h) Records. The Contractor and each subcontractor performing work subject to tne Act shall make and maintain for 3 years from the completion of the work records containing the information specified in subparagraphs a-(1) through (5) of this paragraph for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Employment Standards Administration (ESA), Department ,,;,g of Labor-. (1) His' name and address. (2) His work classification or classifications, rate or rates of monetary wages and fringe benefits provided, rate or ratas of fringe benefit payments in lieu thereof, and total daily and weekly compensation. (3) His daily and weekly hours so worked. (4) Any deductions, rebates, or refunds from his total daily or weekly compensation. (5) A list of monetiry wages and fringe benefits for those classes of service employees nnt included in the minimum wage attachment to this contract, but for which such wage -rates or fringe benefits have been determined by the interested parties or by the Administrator as defined-in 41 CFR l-12.902-2(c) or his authorized representative pursuant to the Labor Standards Clause in paragraoh (a) of this clause. A copy of the ~ ~ ~.. report required in paragraph (m)(1) of this clause shall be deemed to be such a list. (i) Withholdina of cavment and termination of contract. The Con- ~ tracting Ofricer snali witancia or cause o be witnnelo from the Govern-ment Prime Contractor under this or any other Government contract with the prime Contractor such sums as he, or an appropriate officer of the Department of Labor, decides may be necessary to pay underpaid employees. Additionally, any failure to comply with the requirements of this clause relating to the Service Contract Act of 1965 may be grounds for termina-tion of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arr'angements for completion ~ of the work, charging the Contractor in default with any additional cost. (j) Subcontractors. The Contractor agrees to insert this clause relating to tne Service Contract Act of 1965 in all subcontracts. The term " Contractor" as used in this clause in any subcontract, shall be deemed to refer to the subcontractor, except in the term " Government ~ Prime Contractor." tr.d ~. u.-
f ~ .4-Clause No. 47 '(Ccntinued) (k) Service emoloyee. As used in this clause relating to the Service Contract Act or 1965, as amended, the term " service employee" means any person engaged in the performance of a contract entered into by the United States and not exempted under Section 7, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States (other than any person employed in a bona fide executive, 4 administrative, or professional capacity as those terms are defined in Part 541 of Title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations); and shall include all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (1) Comcarable rates. The following classes of service employees expected to ce employea under the contract with the Government would be subject, if employed by the. contracting agency, to the provisions of 5 U.S.C. 5341 and would, if so employed, be paid not less than the following rates of wages and fringe benefits: Employee class: Monetary wage--fringe cenerits: (m) Contractor's recort. (1) If there is a wage determination attachment to tais contract and one or more classes of service emoloyees which are not listed thereon are to be employed under the contract, the Contractor shall report to the Contracting Officer the monetary wages to be paid and the fringe benefits to be provided each such class of service ^' employee. Such report shall be made premptly as soon as such compensation has been determined, as provided in paragrapn (a) of this clause. ~ (2) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bar-gaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe .~ benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining . agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance, such agreements shall be reported promptly aftbr negotiation thereof. e m
- M e
( ' Clauce Ib. 47l (CopMnmvi) (n) Reculations incorocrated by reference. All interpretations of the Service Contract Act or 1965 expresseo in 29 CFR Part 4, Subpart C, are hereby incorporated by reference in this contract. (o) Exemotions. This :lause relating to the Service Contract Act of 1965 shall not apply to the following:
- M (1) Any contract of the United States or District of Columbia for construction, alteration, and/or repair, including painting and decorating-of public buildings or public works; (2) Any work required to be done in accordance with the provisions of the Walsh-Healey Public Contracts Act'(41 U.S.C. 35-45);
(3) Any contract for the carriage of freight or personnel by vessel, airplane, bus, truck, express, railway line, or oil or gas pipeline where published tariff rates are in effect, or where such carriage is subject to rates covered by Section 22 of the Interstate Commerce Act; (4) Any contract for the furnishing.of services by radio, telephone, telegraph, or cable companies, subject to the Communications Act of 1934; (5) Any contract for public utility services, including electric. light and power, water, steam, or gas; (6) Any employment contract providing for direct services to a Federal agency by an individual or individuals; (7) Any contract with the Post Office Department (U.S. Postal Service), the principal purpose of which is the operation of postal contract stations; (8) Any services to be furnished outside the United States. For geographic purposes, the " United States" is defined in Section 8(d) of the Service Contract Act of 1965 to include any State of the United States, the District of Columbia, Puerto Rico, the Vi gin Islands, Outar Continental Shelf lands, as defined in the Outer Continental Shelf Lands Act, American Samca, Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoll, Johnston Island, and Canton Island. It does not include any other territory under the jurisdiction of the United States or any United States base or ~ possession within a foreign country; (9) Any of the following contracts exempted from all provisions of the Service Contract Act of 1965, pursuant to Section 4(b) of the Act, which exemptions the Secretary of Labor, prior to amendment of such section by Pub. L. 92-473, found to be necessary and proper in the public =
- M.:,
n
(' s .. Clause No. 47 L (Ccntidnued). interest or to avoid serious impairment of the conduct of Government business; (i) Contracts entered into by the United States with common carriers for the carriage of mail by rail, air (except air star routes), bus, and ocean vessel, where such carriage is performed on regularly scheduled runs of the trains, airplanes, buses, and vessels over regularly established routes and ac, counts for an insubstantial portion of the revenue therefrom; (ii) Any contract entered into by the U.S. Postal Service with an individual owner-operator for mail service where it is not contemplated at the time the contract is made that such owner-operator will hire any service employee to perform the services under the contract except for short periods of vacation time or for unexpectad contingencies or emergency situations such as illness or accident. (p) Soecial emolovees. Notwithstanding any of the provisions in paragraphs (a) tnrougn (n) of this clause relating to the Service Contract Act of 1965,-the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to Section 4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public intarest or to avoid serious icpair=ent of the conduct of Government business: (1)(i) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by Section 2(a)(1) or 2(b)(1) of the Service Contract Act of 1965, without diminishing any fringe benefits or cash payments in lieu thereof required ~~~-* under Section 2(a)(2) of that Act, in accordance with the procedures prescribed for the employment of apprentices, student-learners, handicacped persons, and handicapped clients of sheltered workshops under Section 14 of the Fair Labor Standards Act of 1938, (29 U.S.C. 201 et seq.) in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525). (ii) The Administrator will issue certificates under the Service Contract Act of 1965 for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two Acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu tnereof), applying procedures prescribed by the apolicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525); e. e a G D @a e g
( ,~ 7-Clause No. 47[.lCcntinued) (iii) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations. (2) Any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips may have the amount ,;g,g of his tips credited by his employer against the minimum wage required by Section 2(a)(1) or Section 2(b)(1) of the Act, in accordance with the regulations in 29 CFR Part 531; Provided, however, That the amount of such credit may not exceed $1.325 per hour beginning January 1,1978, $1.305 per hour beginning January 1, 1979, $1.24 per hour beginnina January 1, 1980 and $1.34 per hour after December 31, 1980. If the employer. pays in full cents the $1.325 figure must be rounded down to $1.32 and the $1.305 figure to $1.30, in order that the employer will not be crediting more than the permissible percentage. [End of clause.] O h a e M G e en en m e e e e me e mes e e en e e e m ~ S T ',;,. ,m., .W
( NRC PCRu 187 U. S. NUCLEAR REGULATORY COMMISSION 1. The posecles, proceeures and criterle (2 76) WASHINGTON, D. C. 20555 of NRCM 2101. NRC Security Program. NRCM 2101 (Pencing leeuencel appur er annonce of We conwact. h.0URITY/CLASSIFIC/-TION REQUIRCMENTS COMPLETE CLASSIFIED ITEMS B Y SEPARA TE CORRESPONDENCE. 2.
- t. CCNT AACT NUMBER CR OTHER ICENTI.
DATE TO BE 4 THIS SPECIFICATICN t flNG NUMBER i#rrme conrrscrs must ce CCMPLETE D THIS SPECIFICATION IS E F F E CTIVE IS FOR: arrown for sol ashcontracts) (Esometeal Gee nota cetow) CATE e. 4NVITA7 TON FOR INVITATION FOR 8f 0. RECUEST FOR PRCPOS AL OR REGUEST a. 810 OR REQUEST FOR QUOTE a. OReROPCsAL IFB No. RS-SEC-79-150 ORIGINAL 9-16-74 b. A pneug PRIME CONTRACT tn REVISEO Supersecas a# c.
- a. FIRST TIEM SU8 CONTRACT provous spect.
desput( SUBCONTRACT / ascong) 0 & OTHE Rf Spec 41
- O'H *
- 0***'NS
- 5. FGH FCLLOW.CN CONTRACT. ENTER PHECE CING CONTR ACT NUMBER ANO O ATE COMPLETED.
L3 CCES NOT APPLY CONTR ACT NUMBER DATE CCMPLETED 6a. NAME AND ACCRESS CF PRIME CCNTRACTCR. OFFERCR, b. NAME AND ADORESS CF RESPONSIBLE CCGN1ZANT OTHER tScw.dy: incluce Z;o Coce) SECURITY CFFICE //nctuce ZJo CaceJ U. S. Nuclear Regulatory Camlission Division of Security Washington, D. C. 20555
- 73. NAMC AND ACORESS CF SUSCCNTRACTCR //nctuce b.
NAME AND ACCRESSCF RESPCNSIBLE CCGNIZANT Z:p Cacel ataopocsciet SECURITY CFFICE Une:vas Z.;o Caces 3. PRO.ECTTlTLE AND CTHER ICENTIFilNG INFCRVATION 9. PERFCRMANCS WILL RECulRE: w YE3 I NO TS l S l C l NSI l RO ACCESS TO NRC SECURITY AREAS CNLY. a. y y O. ACCESS TO CLASSIFIED INFORMATICN OR MATTER AT COVE RNMENT F ACILITIE3 CNLY. l l X X l l X alEC31PT. GEN E R ATION, STCR AGE OR SAF EGU ARCING l l c. OF CLAO3IFIEO CCCUMENT3. y l y ly M ANUF ACTURE. PRCCES$1NG CR SAFE GUARCING CP ct. CLAS33FIE D M ATERI AL. \\ l ACCESS TO CLASSIPIED CCMSEC IN FORM ATICN OR e. M AT E RI AL. y y y f. ACCESS TO CLAS$1 PIED IN FORMATICM CR MATERIAL CURRENTLY PCS3ESSED SY ANOTHER AGENCY. s USE OF AN AUTCMATIC OATA PRCCESSING SYSTEM. k Y .m.% n. OTHE R ISpeer&) --.e.-
- 10. INFCRMATlON PERTAINING TO THIS RECUIREMENT OR W tEF, EVEN MOUGH SUCH INFORMATiCN IS dCNS4 CERED UNCLASSIFIED,SHALL NOT BE RELEASED FOR CISSEMINATICN EXCEPT AS AMOVED 6ELCW:
PRCPCSED C4S3EMINATICN SHALL SE SUBMITTED FCR APPRCVAL PRICR TO RELEASE Q DIRECT M THRCU Samuel J. Chiik, Secretary of the Cam:ission 3 ,,RC,0 - e., ,2.T., -eeuucug3-llu'ygg, n .~ ~ ^
PROT'!CTION
- 11. SECUP3TY/KKadSUQLuxWREQUtREMENTS ARE SET FORTH 8ELOWtWXJIM4cMsXeM/JOS4 Q% % $$M$jli#X ###MIIrKMXIMs4 DXMJWUlkKMKX xdmxmmxmmunxpuXinXMXMX44UXM O AS STATED BELOW:
1. Storage of classified information at contractor facility is approved at the SECRET RESTRICTED DATA (RD) level cnly. 2. TOP SECRET transcripts and/or recoding (all copies) must be forwarded by the Office of the Secretary to the Infomation Security Branch, Division of Security, for appropriate recording and control of TOP SECRET information. 3. Information believed to be TOP SECRET can only be classified as TOP SECRET by the Chaiman, the Carmissioners, and the Executive Director for Operations. 4. Reproduction of TOP SECRET information is limited to the Information Security Branch, Division of Security. 5. Distributien of TOP SECRET documents and/or transcripts is authorized only af ter coodination with the Information Security Branch has been made. 6l Prior to the use of a roan in which TOP SECRET information will be discussed and recorded, arrange ents trust be made with the Division of Security to ensure the roon is sec'Jre. 7.' Individual transcripts will be reviewed and classified when necessary by the office spcnsoring the presentation transcribed, and will provide a written determination to the Office of the Secretary as to the apprcppiate markings to be placed on the transcript and any typed or printed copies made therefmm 6. The Office of the Secretary will maintain a record as outlined in Appendix 2101, Part III, of all classified documents (transcript tapes and stenegraphic notes ) forwarded to the contractor by the Office of the Secretary. 9. The marking, handling, transmission, and storage of classified CCNFIDENTIAL.- SECRET informat;cn is subject to the procedures outlined in Appendix 2101, Part III, "Centrol of Classified Informaticn and Docunents".
- 10. There should be no subcentracting of classifiec hearings without the prior esy= 4 &
- cn snaey3] o f t h o 'J Q (*
n i ificinn & C o,-.. e 4 6.,
- 12. RECUlRED CISTRIBUTICN CF NRC FORM 187 Acc TICN Al. CISTRI BU TICN 9 $7CNSCRING NRC CPFICE CR CIVISION CPRIME CCNTRACTCR (/ tem 6d/
@ OlvlSIGN CP SECURITY (/ fem JJc1 O SuSCCNTRACTOR (/fsm 7ai % OlVISICN CP CCNTRAC*S (i;sm fJol O RsSPCNSists/CCoNizaNT SECURtTV CPFICS (stems ia and 7bl SECUHITY/ CLASSIFICATION HECuidEMENTS F0rt SOECON TRACT 5 RtSULTING F NOM ThiS CCNTRACT WILL BE APPROVEO BY THE OFF CIALS NAMED IN ITEM 13c ANO d BELOW. I
- 13. THIS SECURITY /CLASSIFICATICN RECUIREMENT ANO ATTACNMENTS REFERENCED HEREIN WILL 6E AMROVEO BY THE FCLLOWING;WITH FIN'. APPRCVAL SY WE CONTRACTING CFFICES CR HIS REPRESENTATIVE NAMED IN ITE M 10d 3ELOW.
NAME SIC' ATURE l CATE J A CPPtCE OR OlvisiCN auTHCRt450 CLAssipiER a. John C. Hoyle M-Y-d 7k Chi $, Secretary Yh)ANb -' b A 0 Sa el J s omecTCR. civisicN CP sacumrY e f. J Ravmand J. Brady h-[/jfffA/ 6) bM Wk/N R Crc. civis Cc~ r-n. n NRc -,..,., y-FACw _.ACa
i5-t U.S. DEPARTMElli 0F L ADOR y. m... - Pap,e 1 of 3 l',, %. * -. EMPt0YMEttT ST At40ARDS ADttit415TRAT10H nf AllflHG 10tt, D.C. 20210 3,,,,, District of Columbia ** +,. -: REGISTER OF WAGE DETERMlllisTIONS UNDER 3,e., niatrict of Columbia 0.01 I j'y 3 Tile SERVICE CONTRACT ACT tocAtin DitJIrectien of she 1.cretorr of Later s /' Wage determination number: 78 623 Date M 3 0 m-Fringe benefit paymerits him Class of service employee hously llcalth & Vacation lloliday Other wage Wellege 76-10 4 6( Hev.-1) dated Augu'$t 17, lS(f. 1 Supersedes R .e : $ 5.143 1. Clerk, accounting,' class A 8.35 2. Clerk,~ accounting, clean B. 8 1.65 j 3. Clerk, file, class A 6 4e Clerk, file, cles 3 is.29 5. Clerk, file,-claan C 3.86 1.76 6. Clerk, order 4 / 7. Clerk, payroli 5.12 1.61: 8, Keypunch operator, clase'A 4 c 1.20 l 9 Keypunch operator, class B 4 i 14. 1 6 "p 10. Hgnaenger 4 .u . r 11. Secretary, class A 6.81 9 12. Secretary, class B 6.38 l,' -
- 13. ' Secretary, class C
~ '- .j'. ' '^ 5.85 14. Secretary, class D 5.72 a 15. StenoCrapher, general I* ' 91
- 16.
Stenographer, senior '5 01 17. Switchboard operator 3. 61s, e. 18. Switchboard operator - receptionist s '4.1 3 ' 4 5 lI' i 19. Transcribing - nachine operator 20. Typist, class.A ii. Is 3, .,.6 I' 10 l 21. Typist, class B 6.74l,
- 22.. Computer operator, class A i
l. 23. Computer operator, cleas B 5 99 :
- 24.. Computer dparator, cleau C 1.95 4
a g* t i s 1
-,{ f::~.. \\~ s U.S. DEPARTI.tEllT OF L ADOR PacJo 2 of 3 l EMPLOYMENT ST At4DARDS ADt48tt 1TRATION J.. t Asuresciota. o.c. 202:0 singe: Diatrict of Columbin
- 0) e e
. REGISTER OF WAGE DETERMlHATIONS UNDER A,e.: District. of Columbia v' Tile SERVICE CONTRACT ACT LOCALITY e _a r.co.a. si,. 5.c..,,.i t..i, l / &....}...t.?.,8 _. I .. v....=... ei.a... Wege delenainolion : unber:! 78 623 De l. ..fDN 3 0 gg Afinimum "I' P" 7 Class of service ernployee libuily llealth & Vacation' ilolidhy dthet 8 wage Welfare a 1 PS. Ccmputer programmer, claso A $ 9".'O l[ 1 [ h
- 26. Cenputer programmer, claso D T.h2.$ '
.h] Ef,. Co:. muter p ocrammer, cleos C 6.22 .1 D E. , ras.ter, e ass A c Ng' . 'I I 2). Draf ter, class B 8.016 j 6.40'
- 30. Dra f ter, class c 5 16 i
- 31. Electronien technician, cloos A 8.40 e
w + cry @,
- 32. Electronico technicien, class D' 6.77 9
33 Electronics tecianic.len, clacc C 5 938 , 34 Tecluilcal Illustrator 6.77 Fringo benefit.s applicablo to clasros of service .a.ployces crgaged in contract performance s 2/ g y h-r===s ~/ Doea not apply to employees employed in a bona fide executive, administrative, or profe'sional capacity 1 s T as defined and delineated in 29 CFil Part 5fal. (See section 4.156, 29 CFR Part h.) g/ 2 vechs paid vacation art.er 1 year or service uith a contractor or successor. $.21 an hour or$0.40 a ucek or $36.40a month. 3 Length of cervice ~ includes the whole span of continuous service with the present (successor)contractoruhergve.r._...,......,'.. employed, and stith predecessor contractors in the performance.of similar work at the Federal (Reg,h.171(b)(2).) 2..... .? facility. g h/ 9 paid holidays per ycur: ifcu Year's Iby, Washington's Birthday, Good Friday, Memorial Day, 'g ~ dependence Dny, Labor ray, Vet.erans' Iby, 'Thankogiving Iby, and Christmas I%iy. (Acontractor n nay substitute for any or the nerr.ed holidays another. day off with pay in accordance with a j. plan cornmunicated to the. employees involved.) %ic vngo deternination alao applicable to: I, Virginia - Arlington, Fairfax, Lovdcun sad Prince William Countico; and.indept. indent citica of ~' Alc. ton tria, Fairfax, and Falls Church i thry1ml = Chcrleo. IMnt,noi.orr.ond Princo Georr.eu Coitiittas g' r
e _ _,,.,, _,., _.. - - - -.. - ~ - - - . w wc.a: : 1; ,,..... :.f F y,- ,..._ _ 1 _,' ga ,l 'y,l. l .g. N U.S. CEPARTMEllT OF LABOR ..v, EMPLoYMD4T STAl4DARD5 Apul:115TnATioH Page 3 of 3 e a wasmuc ron, o.c. uno l s. l, sie.te: REGISTER OF. WAGE DETERMINATIONS UNDER; Dintrict of C01951 e ~~ l ~ ,( 11 4 i E .. N Tile SERVICE CONTRACT AC' T LocAt.ryy 3,e : District of Columbin Y, . n a...uo,s.: o,. 5....,. t.i, i / l ( A..... (5.i,-(A ., I ~ as.s.i...............,es.s.a..
- Wage delemination niinlyce
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_,,,e. l D;de: - D 3 () Class of senwice einployee y, i n ;.,,,,, 1 Fair ce benefit pays rls liowly tientti ra. I ..,r e uw,,, e g, I g ~ * ' ' -- gg Any class of cervice employee required in the performan shall be c:. ossified by the contractor oc tes io provid ce of the cont.rnet but? not listed abovo.. agreement (evidenced,in writin6) of the interested particaclasses and ~ ary vogco.on are deter:nined by, contracting agency, the contractor, and the emp16yeco vho will , who shell bo deemed to ho the their'repreacntativeo. unge rates la to be cubmitted.to the Department of Labor by thin the aboenco of a final.dotetuinntion, er conformablo (Sco Section 4.6(b) of Ecgulations 29 CFa h).e contractin6 officer for n s .^ pe> _ tc 9 g g,- g g. ~ A '.. y g c=g; = .s gg m %w- - I $0.:::n. + 1 g i.
p.. y y.. Appendix B. Occupational Descriptions Q '.. J. -. E.w -* a dc r The prirnary* purpose of preparing jut, descriptions for the Dureau's wage surveys is to assist f i its field staff in classifying into appropriate occupations workers who are employed under a variety of I payroll titles and different work arrangements from establishment to establishment and from area to b5_ ) area. This pe rmit s the grouping of occupational wage rates r e p re s enting comparable. job content. CQ l flecause of this emphasis on intercetablishment and interares comparallitty of occupational content, the pg - Bureau's job descriptions may differ significantly from those in use in individual establishments or those Tz" prepared for other puu poses. In applying these job descriptions, the Bureau's fleId economists are $1'd instructed to exclude working supervisors; apprentices: learners; beginners; trainees; and handicapped, cm i part. time, t e mpo r a ry, and probationary wo kers. 9D f Ga h t-OFFICE P SECRETARY SECR ETA R Y-Continued Assigned as personal escretary, normally to one individual. Ef ain-May also perform other clerical and secretarial taske of comparable tains a clos, and highly responsive relationship to the day-to. day work of the nature and difficulty. The work typically requires knowledge of office routine g s upe rviso r. Works fairly Independently receiving a minimum of detailed and understanding of the organlaation, programs, and procedures related to g supervision and guidance. Performa varied clerical and secretarial dueles, the work of the supervisor. usually including most of the followigi Exclusions
- a. Receives telephone calls, personal callers, and incoming mail, i
answers routine inquiries, and route s technical Inquirie s to the proper FJot all positions that are titled
- secretary" possess the above char.
persons: acteristics. Examples of positions which are excluded from the definition are as follows: l.* Establishes, maintains, and revisse the supervisor's files b
- a. Posillone which do not meet the " personal" secretary concept
- c. Afsintal.no the supervisor's calendar and makes appointments se described abovs:
Inst ructedi
- d. Relays messages from supervisor to subor'dinates A Stenographers not fully tralned in secretarial. type duties
) Sten (Ja,aners mvirs as oUice assistants to a group of p'rofes. I Reviews correspondence, memorandums, and te orts prepared by c. e. others for the supervisor's signature to assure procedura and typographic sional, technical.cor managerial persons; accuracy: J. Secretary positions in which the dv8es are either substantisily more routine or substantially more complaz and res onsible than those char-
- f. Performs stenographic and typing work.
acterized in the definition; r e s des nning with calendar year 1976 surveys, the Bureau has grouped occupations studied in its I i area wage surveys into job families in order to present information on re'ated occupations fra sequence. l Job families have not been titled, however, since doing so might have added extraneous elemente to the job matching process, i The Bureau has also revised several occupations 1 titt'es. The titles snore nearly reflect usual l word order and are more descriptive of the survey jobs. I
SECilk:TA tt y-continued SECit ETAll Y-Codinued .'\\. Exclusions-Continued Class C c. Assistant-type positions which involve rnore difficult or more
- 1. Secretary to an executive or mensge rial' person whose teapan-responsible t e c hnic al, sJministrative, s upe r vi so r y, or specialized clerical alb!Iity is not equivalent to one of the specific level. situations in the de~lladtiert '
duties which a re not tyl.ical of sec retarial work. for cle sa D, but whose organizational unit normally numbers at Ic ut several down s mppyces and is usually divided into organizational sepnent s which are of ten, in turn, lusther subdivided. In some companics, this level includen a NOTE: The term " corporate officer," used in the level definitions wide range of organizational echelons; in others, only one or two; pr following7 refers to those officials who have a significant corporatewide policymaliing role with regard to major company activities. The titto "vic e 2 Secretary to the head,of an individual plant, factory, etc. (or pr e sident, " though normally ludicative of this rolo, does not in all cases other equivalent level of official) that employs, in all, fewe r than 5. 000 identify such positions. Vice presidents whose p@ary responsibthty is to persons. 1 t rans actions Te.g., ' approve or leny act pe rsonally ch Individual cases or Individual loan or credit actions; administer in*lividual trust account s; directly Class D i supervise a clerical staff) are not considered to be " corporate officers" f I 1 Secretary to the supervisor or head of a small organizatienal unit yposes of applying the following level definitions. g 3
- 2. Secretary to a non supe rviso ry staff specialist, professional Class A employee, administrative officer, or assistant, skilled technician, or eapert.
- m (NOTE: Etany companies assign stenographers, rather than sec ret a rle s as I, Secretary to the chairman of the board or prestJent of a company de sc ribed above, to this level of supervisory or nonsupervisory worker.)
that employs, in all, ove r 100 but fewer than 5.000 persons: or STENOCit A PIIER 2 Secretary to a corporate officer (other than the chairman of the board or pre st. lent) of a company that employs, in all, ove r 5,000 but fewej Primary duty is to take dictation using shorthan t, and to taanscribe than 25 000 persons: or r 3 the dictation. Elay also typc from written c 'y. Efay operate f rom a steno-graphic pool. May occasionally transcribe fro, voice recordings (if piimary
- 3. Secretary
- to the head, immediately below the corporate officer duty is t ran sc ribing from recordings, see Tran sc r ibing-htac hine Typist).
level, of a major segment or subsidiary of a cornpany that employs, in all, , ove r 25,000 pe r sons. NOTE: This job le distinguished from that of a secretary in that a secrolary norrnally works in a confidential relationship with only one manager or cuocutivo and performs more responsible and discretionary taska es Cla ss l} described in the secretary job definition.
- 8. Secretark to the chairman of the board or president of a company Stenographer, General that employs, in all, fewer than 100 persons or Dictation involves a normal routine vocabulary. May maintain files,
- 2. Secretary to a corporate officer (other than the chairman of the k**P simp e records, or pe rform othgr relatively routine clerical tasks.
l board /os president) of a company that ernploys, in all, over 100 but fewer than 5,000 persm; or 8'*" Eag h e r, Senio r Dictation involvce a varied technical or specialised vocabulary such
- 3. Secretary to the head, Irnmediately below the officer level, over as in legal briefs or reports on scientific research. Afay also set up and either a rnajor corporationw@, functinnat activity (e.g., marketing, research, maintain files, keep records, etc.
operations, industrial, relations, etc.) g a major geographic or organia.tional segment (e.g., a regional headquartes s; a major division) of a company that g e mploy s, in all, over 5,000 but fewer than 2M00 cmployee s;. t.r s'e rfo r, s stenographic dulles requiring significantly greater inde-m pendence and responsibility than stenographer, general as evi.lenc ed by the
- 4. Secret'ary to the head of an individual plant, fa c t o r y, etc. (or
" wing: Wod requires a high degree of stenographic speed and accuracy; other equivalent level of ofilcial) that employs, in allt ove r 5. 000 pe rsons: a thomugh worliing knowledge of general' business and office procedure; and or of the sgucific baaluess operations, organization, policies, procedures, file s, t w o rli flow, etc. Uses this knowledge in performing stenographic duties and
- 5. Secretary to the head of a large and important organizational re spon siblo clerical tasks such as maintaining followup file s; a s e e mblin g segment (e.g., a middle managesnent supervisor of an organizational segment mateaial for reports, memorandum s, and letters; composing simple letters often involving as many as several hundred persons) or a company that from general lustructional reading and routing incoming mall; 'and answeriog e mploy s, in all, over 25.000 persons.
routine questions, etc. 15 s l l
TR ANSCRinitaC-MACIlltIE TYPIST m.. 7 SWITCll!!OARD OPER ATOR Primary duty la to traneeribe d!ctation involving a normal routtne Class A. Operates a single-or multiple-position tel. phone sw;ts h. N vocabulary from transc rit;ing-machine records. Efay also type from written board handhng incoming, outgoing, Intraplant or office calls. I'r rforr:n full "f. copy and da simple clarical work. Workers transcribing dictation involving telephone information service or handles complex calls, auch an c onf e r e'nce, ' 4 a varied technical or specialised vocabulary such as legal briefs or repurls collect, overaca.s, or similar caAls, either in addition to doing r >utine work' *
- oh scientific research are not included. A worker who takes dictation in a s de scribed for switchboard operator, clasa.". or as a full-tirne assignrmot,
~e shorthand or by Stenotype or elmilar inachine is classilled as a stenugrapher. ("Ful!" telephone information s e rvic e occurs when the establishment has T YPIST varied functions that are not readily understandable for telephone infosmat'on
- purposes, e.g., because of overlapping or interre.ated..actione, and ronre.
,f Uses a typewriter to make copies of various materials or to make quently present frequent pr blems as to which extensions are apps opciate out bille after calculations have been made by another person. Afay incluite I"' '
- II )
\\, typing of etencils, mats, or similar materials for use in duplicating pro-Class B. Operates a single-or multiple-position telephone switch-j i cesses. Af a y 40 'clerleal work involving littje special training, such ao board handKnBncoming, outgoing, intraplant' or office calls. Afay handle keeping simple records, filing records and reports, or sorting and distributing routine long distance c alls and record tolle. May perform limited telephone incoming mall. Information se rvice. ("I.imited" telephone information service occurs if the Class A. Performs one or re of the following Ty' ping snaterial funct ne i the establishment serviced are readily understandable for tela-in final form when it involves com' ea g m a t e rTU f rom severat sources: or phone an fo rma tion purposes, or if the requests are routine, e.g., giving re sponelbility for cor rect spelling, syl Llc ation, etc., of tech-e xten sion numbers when specHic names are fumlehed, or H coinplex calle y nical or unusual words or forelan language mater!mnctisation,al; or, planning layout and are refened to anomer 9erator.) typing of connplicated statistical tables to tnafutain uniformity and balance in These classifications do not include switchboard operators in tele. spacing. Efay typo routine form letters, varying details to suit circumetances, phone companies who assist customers in placing calle, Cla s s H. Performs one or more of the followings-Copy typing frnm SWITCllDOARD OPEH ATOR-RECEPTIOf4IST i a rough or*Mear draftsi or rouUiGi lyptng of foams, insurance policies, etc.I or setting up simple standard tabulationas or copying snore complex table s In addition to performing duties of operator on a single-position or already set up and spacett properly, snonitor-type switchloard, acts as receptionlet and may also type os pe rform routine clerical work as part of regular duties. This typing or clerical work FILE CLERI{ may take the major part of thle worker's time while at s witch boa rd. I File s, classifles, and retrieves material in an established filing ORER MRi{ i ayatem. Elay perform clerical and manual tanks required to maintain files. Receives.cuetomers', orders for material or merchandisc by mall, Ibeltlons are classified into levels on the basis of the following definitione.
- phone, personally. Dytle s involve any combination of the f o stowing or Cla s s A.
Classifles and indexes file material such as correspon l-Ruoting prices tu customers; making out an order sheet listing the items to ence, repor t e, technical documents, etc., in an e st a bli s hed filing eyotem make up the order; checking psices and quantities of items on order shect; .ntonbe r "of varied subject matter fila s. Klay also file this and distributing order sheets to respective departsnente to be filled. Kla y containing a m a te rial. Efav keep records of various types la conjunction with the files. check with credit department to determine credit rating of customer, stknowl-May les 1 a small group of lower level file cler ke. edge receipt of ordere from customers, follow up orders to see that they i have. be en filled, ,up file of orders received, and check shipping invoices Cla s s 11 Sorts, codes, and file s unclassified material by simple with original orders. (subjecL~matterf headings or partly classified material by finer subheadings. Prepares simple r elated indem and c ro s s-reference aide. As reque sted, ACCOUf4TlflG CLERK loc a t e s clearly identified material in file s and forwards m at e rial. Efay Performs une or more accounting clerical taeks such a s posting to perform related tierical tasks r equi r e d to maintain and service file s. registers and ledgera; reconciling bank accounts: verifying the internal con-alstency, completences, and mathernatical accuracy of accounting documente: Cla ss C. Performs routine filing of material that has already been a s sig ning presc albed accounting distribution codes examining and verifying claselfied or which is emelly claselfied in a almple serial classification for clerical accuracy varicus types of reports, II s t s, calculations, po s ting, sy st em * (e.g., alpha be tic al, chronological, or nume ric al). As r eque st ed, etc.' or preparing simple or aestating in preparing more complicated journal loc a t e s readily 'evallable material in files and forwards material; and ruay vouchers. May work in either fill out withdrawal sharge. May perform afinple clerical and manual taske a manual or automated accounting system. required to malatain and service files. The work requ' Ires a knowledge of clerical methods an l office prac- .ticos and procedurse which relates to the ' clerical processing and recording e MESSEf3GER of transactione end accounting in formation. With e xpo r t e nc e, the worker t ypically become s familiar with the bookkeeping and acrounting terme and Performs various routine duties such as running errands, operating procedures used in the assigned work, but la not required to have a knowledge minor office inachines such as sealers or mallers, opening and distributing of the formal principles of bookkeeping and accounting, mall, and other minor clerical work. Exclude positions that require operation Position s are classified into levels on the basis of the followlng' of a motor vehicle as a algn!ficant duty, definitions. ~ l l ,e
A *. N.. - ACCOUNTif4G CLERK-Continued ... \\ p MACitiNE BILLER-Continued - g f. Cla s s A. Under general supervision, pe rforms accounting clerical Boukkeeping~-ma_ chine bllier. Uses a bookkeeping rnachine = '~, example, cle ric ally proces sing comphcated or nonrepetitive accounting trane-typowriter Eeyboard) to prepara custome r s' bills as *pa,.(with or ope ra tion s which require the application of emperience and judgment, fo r without a y rt *of the accounts receiv.ble operation. Generally involvoa the simultarneous entry of actions, sel6cting among a substantial variety of prescribed accotu. ting codos figur u s on custumo ra' laJger record. The machine automatically accumulates a r.d cla s a ntic ations, or tracing t ra nsa tion s through p r e v auu s a c c ous. ting figu r e s on a numbe r of.;rtical columns and computes and usually pr actions to determine source of discrep.ncias. May Le assistud by one ur mut umatic ally the dubit or c redit balanc e s. Doe s not involve a knowledge m,o r e class D accounting clerks, of buokkeeping. Works from uniform and standard t yp'e s of sales. and. credit alipe. Cla s s D. Under class s upe rvision, following detailed instructions PAYl(OLL C LERK and stancfTr'dEMprocedures, performs one or more routine accounting clar-teal operations, such as posting to ledgers, c.rd s, or worksheet s where Compute s wages of company employees and enters the necessary . identification of items and locations of postings are clearly indic.ted; checking data on the payroll sheets. Dulles involves Calculating workers' earnings accuracy and completene s s of standarJased and repetitive r e c o rd s or based on time or production records; and posting calculated data on payroll accounting document s; and coding d oc um e r.t a using a few prescribed sheet, showing information such as worker's name, working days, almu. accounting codes.
- rate, deductions for insurance, and total wages due. Afay make out paychecks and e
anslat payma ste r in making up and distributing pay cnvelopea. Afay use a 13OOKKEEPING-MACl!!NE OPER ATOft calculating machina. Operates a bookkeeping machine (with or without a typewriter key-KEMNCH OWRATOR board) to laep a record of business transactions. Operates a keypunch machine to record or verify alphabetic and/or num e -L data on tabulating cards or on tape. -Class A. Keepa a est of records requiring a knowledge of and emperiencs7n basic bookkeeping principles, and familiarity with the structure Positions era
- classified into levels on the basis of the following of the pa rticuh,r accounting system used.
Determine s proper records and definitions. distribution of debit and credit items to be used in each phase of the work. May prepare consolidated reports, balance sheets, and other records by hand. Class A. Work requires the application of experience and judgment selectTng procedures to be followed and in searching for interpreting, in Class B. !<eeps a record of one or more phases or sections of a selecting, or coding itoms to be keypunched from a variety o[ source docu-ment s. On occasion may also perform some routine keypunch work. May ' set of records usually requiring little knowledge of basic bookkeeping. Phases train inexperienced keypunch operators. or sections include accounts payable, p ay roll, customers' accounts (not including a simple type of billing described under machine biller), cost dis-Class 11 Work is routine and repetitive. Under close supervision tribution, expense distribution, inventory control, etc. } fay check or assist or following specific procedures or instructions, works from varioue stan-la preparation of trial balances and prepare control sheets for the accounting dardized source d cuments which have been coded, and follows specified department. procedurca which have been prescribed in detail and require little or no selecting, coding, or interpreting of data to lie recorded. Itefers to supervisor problem s arising from erroncous itan's or coJos or missing information. . itA ClllNE IllLLER Prepares statements, bills, and invoices on a machine other than an TABULATING-MACll!NE OPERATOR ordinary or electrornatic typewriter. May also keep records as to billings Operates one or a variety of machines such as the tabulator, calcu-e or shipping charges or perform other clerical work incidental to bit!!ng lator, collator, interprete r, sorter, reprodning punch, ope ras son s. For wage study purposes, machine billers are classified by type etc. Excluded from this definition are working supe rvis ors. A s.m excluded are operators of of snachine, as follows: electronic digital connput e r s, even though they may also operate electric accounting snachino equipment. l ~ Billing-machine biller. times a special tailling machine (combination Poaltion s are classifies into levels on the basis on the following g, typing and] Jing mac hine)To prepara bills and invoices from customers' definitione. purchaea or[ers, internally prepared orders, shipping inomorandums, etc. Usua)1y involves application of predetermined discout.ta and shipping chargos } a s.d ent r y of necessary extensions, which may or may r.ut be computed on including devising difficult Cla s s A. Perforras complete reporting and tabulating assignments the billing machine, and totals which are control panel wiring under general supervision. automatically accumulated by A s signment s t ypic ally involve a variety of long and complea reports which machine. The ope ration naua'ly involves a largo number of caa bon copies often are irregular or nonrecurring, regulring some planning of the nature of the bill Lcing prepared and e often June on a f nfold machine. and sequencing of operations, and the use of a varisty of machines. le D ) / dud}DT 6{ {d/d t af 17 g
a i TA DULATING-MACillNE OPERATOR -Continued TAfsUIATING4fACilit4E OPER ATOR-Continued b typically involved in training new operators in machine operations or training the tabulator and c alc ulator, in addition to tha almplor machines usedf by
- g' lower level operators in wiring from diagrams and in the operailug ecquence o clase C operators. May be required to do 'some wiring fr,m diag =ama.
of lang and comple x repo rt s. Does not include pu e t tion e in which wiring May train new employece in basic machine operations. r e s pon sibilit y is limite d to selection and insc'rtion of prewired baarde. Cla s C. Under specific instructions, operates simple tabulating Cla s s D. Pe rforms work according to established procedures and or electrical accounting machines such as the sorter, interpreter, reproducing under spe[cthTEstructions. As signmer.te typically involve complete but rou-punch, coll:.tu r, et c. Aasignments typically involve portions of a worh unit, tine and recurring r e po r t s or parts of larger and more complex re po r t s, for c
- ample, individual sorting or collating runs, or repetitive ope rations.
Operatea rnora difficult tabulating or electsical accounting m. chines such 'a s May pe rfo rm.imple wiring from diagrame, and do some filing work. i ~ PROFESSIONAL AND TECHNICAL COktouTER SYSTEMS ANALYST, BUSINESS COMPUTER SYSTEMS ANALYST, DUSINESS--Continued Analyzes bu sine s e problems to ' formulate procedures fo r solving develope systems for maintaining depositor accounts in a laank, maintaining them by use of electronic data processing equipment. Develups a complete ac c ount s receivable in a retail establishment, or maintaining inve nto r y - ^ de sc rlption of all specifications needed to en.ble programmers to prepare accounts in a snanuf acturing or wholesale establishment.) Confere with pe r-required digital computer programe. Work involves get of the %llowingt sone concerned to determine the data proce s sing p roblu m e and ad vi s e s Analyass subject-m.tter operations to be automated and 13.ntifies condition. subject-matter personnel on the implications of the data processing systems and criteria required to acLieve satisfactory results; specifies number and to be spplied. types of rucords, fa la s, and documente to be used; outlines actions to be OR performed by personnel and computerm in sufficient detail fur pa esentation to management and for programming (typically this invulves preparation of Works on a segment of a complex data processing schemo or system, work and data flow charts); coordinates the development of tent problems and as described for clama A. Works independently on routine assignments and participates in trial adne of new and revised systems; and recommenda equip-receive s inst ruction and guidance on complex assignments. Work is reviewed unent changes to obtain more effestive overall ope rations. (NOTI's Wor k e rs for accuracy of judgment, comp!!ance with Instructions, and to insure proper performing both systems analysis and programming should be classified as n!!gnment with the overall system, systems analysts if this is the skill used to deterinine their pay.) Cla s s C. Works under immediate supervisioc ca.rrying out analy-Does not include employees primarily responsible for the manage-se e as assigned, usually of a alngle activity. Aselge ents are designed to ment or supervision of other electronic data processing employees, or sya-develop and expand practical experience in the applicat.sn of procedures and tems analyste primarily concerned with selentific or engineering problems. =kille required for systems analysis work. For example, may assist a J.igher levet systems analyst by preparing the detailed specifications required by L for wage study purposes, systems analysts are classified as followat programmera from information developed by the higher level analyst. Cla s d. Wo rk s independently or under only general direction on comple x problem s involvig 'all phases of syntum analynia. Problems are COMPUTER PROGitAMMEH, BUSINESS complex because of divarse sources of input data and multiple-use require-unent s of output data. (For exampf develops an integratud producilon ached-Converts statements of business problems, typically prepared by a } ulin g, inventury control, cost a .. and sales analyst e record in which systems analyst, into a sequence of detailed instructions which are r e qui r ed 3 every item of each type is aut. processed through the tuli systein to solve the problems by automatic data processing equipment. Working from } of records and appropriate folk
- are initiated by the computer.)
charts or diagrams, the programmer develops the precise instructions which. Confers with persons concerned 6 .e the data processing problems when entered intc the compuser yatem in coded language, cause the inanipu-and advise s subject-anattor personne. n the implic.tions of new or reviacd lation of data to achieve desired results. Vlo k ipvolves mnet of the folinwing systems of data processing operations. M kes recommendations, if ne ede.l. Applice kno'vic"dge of computer capabilities, maematis. Togic employed by for approval of major systems installations or changes and for obtaining c o ru put e r s, and particular subject matter invo,. 1 to anatyre charts and equipment. diagrame of the problem to be programmed; de Slope asquence of program l steps; writes detailed fluw charte to 'show order in w hic h data will be
- f :.
May provide functional direction to lowe r level systems analyste processed; consorte these charts to coded instructions for machine to follows s j who are assigned to assist, teste and corrects prograrne; preparea instructions for operating personnet - during production run; analyses, reviews, and altera programs to increase Cla s s H.- Work e independently or under only general direction on oper. ting efficiency or adapt to new requirement e; maintains records of I f problems that are relatively uncomplicated to analyze, plan, program, and prog ram development and re vision s. (NOTE: Wo rke rs pe rfo rmin g both of input data ayatems analyste and programming should be claestfied as systems analyets l operate. 12roblems are of limited complexity bec.ues sources are homoge neou s and the output data are closely related. (For exampic, if tl.is is the skill used to determine their pay.) 1 5 10 j >*e
COLf PUTER PROGR AhtMER, llUS!! JESS-Continued COkfPtiTER OPERATOR q Does not include employees primarily responsible for the manage- }.tonitor s and operates the control console, ' f a digital compua r; to o { ment or supervision of other electronic data processing employees, or p m.we data according to operating instructic ns, usuallf Prepared by.N pso- -f grammers primarily concerned with scientific and/.ar engince s ing proLle.n, gr mmer. Wus k includes must of the following: Studica a n s t r ug t aol.s aug. I d e t e r anir.o e q uipme nt setup anl operations; ioads equipment w a % r e cga s d For wage study purpose s, programmers are classified as follows: I". (tapo rec ts, ca r s, etc.h sw ches necenary audan e@ mat inw. c i r c uit. and starts and uperates computer; makes ad, stments to computes to coramct operating problems and meet specjal conditions; reviews errore.nade Class A. Work s ind e pe nde ntly or under only general direction on during operation and d tormines cause or refers problem to supervisor or { complex proLleme which require competence in all phases of prugran. ming prog r amme r; and maintains ope rating records. klay test and a ssist, in conc e pt s and p ractico s. Working from diagrams and charte which identify cor recting program. the nature of desired results, major processing steps to be accomplished, i and the relatlodships between various steps of the probt.du solving routino; For wage study purposes, computer operators are classified as plans the full range of programming actions necdcJ to efficiently utiliac the follows: computer system in act.lsving desired and products. Class A. Operates independently, or under only general direction. l a computer running programs with most of the following ch.aracteristics: fn At this level, programming is difficult because computer equipment tiew program. are frequently tested and introduced; scheduling requirements fl must be organised to produce several interrelated but dives se products from are of c ritic al impo r t a nce to minimias downtime; the programs are of' p numerous ar.d diverse data elements. A wide variety and extensive num be r cosapla desim so that identification of error source utten requires a working i e. of Ir.ternal proces sing actions rnust occur. This requirs e such actions as knowledge of the total program, and alternate programs may not be available. development of common operattune which can be reused, establishment of Liay give direction and guidance to lower level operators. linkage pointe between operations, adjustra.nts to data when program require-inente ' ucced c onnput e r storage capacity, and substantial manipulation. and Class H. Operates independently, or under unty general direction, resequencing of data elements to form a highly integrated progr m. a computer rauming programs with most of the following characteristic s: } Afoot of the programe are established production runs, typically run on a regularly recurring ba sist there is litt % or no te sting of new programs Afay provide functional direction to lower level programmers who are requis ed; alte rna t e programs are providen 8n case original prngram needs as9 gned to assist. major c ha r.g o or cannot be corrected within a reasonably short time. In 1 common error situations, diagnose s cause and 'ake 3rrective action. This usually involves applying previously programmed corrective st eps, or using Cla s s n. Works independently or undet only general direction on stanJard correction techniques. relatively simplo programa or on simple serments of cornplex prograrns. s OR Pragrams (or segments) usually process information to produce date in two or three varied seqbences or formats. Deporte and listings are pruduced by Operates under direct supervision a computer running programs or refining, adapting, arraying, or making r anor adJations to or deletions from segments of programs with the characteristics described for class.A. Ala y input data which are readily available. While nume ro u s records may be assist a higher level operator by indepenJently performing les.s difficult tasks ~ l processed, the data have been refined in prior actitans so that the accuracy a s signed, and performing diffitult tasks following detailed instructions and [' and sequencing of data can be tested by using e law routine checke. Typic ally, with frequent review of operatione performed. j the program deals with routine recordkeeping operations. Clas s C. Works on routine programs under close supervision. Is expected to develop working knowledge of the computer equipment used and 3 OR ability to detect problems involved in running routine programs. Usually hae l Works on complex programs (as described for class A) under close received some formal training in computer operation. Alay assist higher level direction of a higher level prograrnmer or supervisor. hfay.as sist higher ope rator on complex programs. level programmer by independently parforming less difficult tasks a s signed, and performing snore difficult tasks under fairly close direction. DHAFTER May guide or instruct lower level programmers. CI*** A. P38n8 the Eraphic, presentation of complex items having, distinctive design features that differ significantly from estahtished drafting p r e c e de nt s. Works in close suppo rt with the design originator, and snay ,L Cla s s C. Afakes practical app!! cations of programming practices recommend minor design changes. Analyzes the effect of e ch change on the and conc ~epte usually learned in formal a raining course s. Aasignmente are details of form, function, and positional relattunships of components and part s. h designed to develop competence in the application of standard procedures to Wo r k s with a minimum of supe rviso ry assistance. Completed work is l routine problems. Iteceives close supervision on new aspecte of assignments; reviewed by design originator for consistency with prior engineering deter- . [ end work is reviewed to verify sta accuracy and conformance with requircJ minations. Etay either prepara drawings or direct their preparation by lower procedures. level drafters. ( s L '. ,}}