ML19308C085

Request for Procurement RS-RES-79-209 to Execute Human Factors Evaluation of Control Room Design & Operator Performance at TMI-2

ML19308C085
Person / Time
Site:	Crane
Issue date:	07/17/1979
From:	Hogan T NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
CON-NRC-04-79-209, CON-NRC-4-79-209, TASK-TF, TASK-TMR RS-RES-79-209, NUDOCS 8001210380
Download: ML19308C085 (55)

Text

{{#Wiki_filter:/ 7 f o, UNITED STATES NUCLEAR REGULATORY COMMISSION y g E WASHING TON, D. C. 20555 g o 'S9.....,o SOLICITATION NO. RS-RrS-79-2,0? " HUMAN FACTORS EVALUATION OF CONTROL ROOM DESIGN AND OPERATOR PERFORMANCE AT TMI-E" NOTE TO 0FFER0RS: 1. Your attention is invited to Block 9, Page 1 of the Request for Proposal. Sealed offers of an original and two (2) signed copies are required. An original and two (2) copies of the Request for Proposal are to be returned in their entirety with the required representations and certifications completed. For evaluation purposes, six (6) copies each of your technical and cost proposals are required. 2. Offerors should note on envelop transmitting reponse to the following: "RFP No. RS-RES-79 ? 07 Closes 2:00 Pl1 July 25, 1979 MAILROOM: DO NOT OPEN" 8 0 01210 MO h

d s I og 3 CUI'aFit0 FOn peAfiC**At OL7tse54 UNCts SC5A e EG 2 Asso on Dws e EG i eeAng SOLICIT TION, OFFER AND AWARD 1 41 sA,,NG 'l CDesf RACT sMas #aes secar # ArO 2 $3Lacsi ATION s O S Da f l iS54t 0 4 #EOu'5+T80N'PU Chabt at(#vt St peo ~RS-RES-79-20 7 7/17/79 O Ao 'a "Sio O Noo 'a RFPA No. RES-79-2.47 Coci [ s Accatss cer ta To en eme< ww e'eca /s i inuto se U. S. Nuclear Regulatory Commission Division of Contracts Washington, DC 20555 no.e,. e e o,,e, a,., o,,e,o, e,..e a. co,,s,,,,ee,. ~ m, SOLICITATION ei,,nisning in, s.,ppi.es or sm.ces in tne Scneue .si t,e receNeo at the pixe specif eo.n nico s. or dannocmr. tWo (2I coa. tot 9 Seaied offers m origina ano July 25,1979, Rm. 286. 7915 Fadorn Avenup _,, n t,i 7 00 PM ioc,, r,m, ,n,ne mo,,,or, ioc,in,n if inis is a, ao eri. o sos.c, tar.on o t)rMcM,hrich raa ter,e b CAUTIO V - !, A TE OFFERS: See pers. 7and 8 of Solicitaten instructions and Conditions. All offers are s JDject to 1Pe 'Ollowing l-7h 3 The Scheme includeo herein and/or aManeeereto. 1 The Sohcration instructions and Conditions. SF 33 A. editica at.cn s atacneo or incorporated herein by reference g ,,,g,,, 2-15-78 eo.t.on..n.cn,,,naneo anacneo o,,nco,oo,a,eo ne,e.n oy,eeerence 2 Tne ceee.i F, .s.ons sF 32. of *rt kapo'ated neteen by refererice. f gg q ron innan rion cm in.e a weeno-e no <no conece wia > Mr. Timothy F. Hagan T ABLE OF CONTENTS ' ACE ext l5Ecl Fact

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e s. SECTION B Page 2 s REPRESENTATIONS, CERTIFICATIONS AND ACKNOWLEDGMENTS REPRESENTATlONS (Check or complete a// app /rcable bones or blocks.) The offeror represents as part of his offer that: 1. SMALL BUSINESS (See p 14 cn SF 33 A.) i He O is. O is not, a small business concern. If offeror is a small business concern and is not the manufacturer of the supplies offered, he also represents that all supplies to be furnished hereunder O will, O will not, be manufacturered or produced by a small business concera in *he United States,its possessions,or Puerto Rico. 2. MINORITY BUSINESS ENTERPRISE He O is. O is not, a minority business enterprise, A minority business enterprise is defined as a ** business, at least 50 percent of which is owned by rmnority group members or,in case of publicly owned businesses, at least 51 percent of the stock of which is owned byminority grcup members." For the purpose of this defmition, minority group members are Negroes. 5panish stwaking American persons, American-Orientals, American Indians, American Eskimos, and American Aleuts. 3, REGULAR DEALER - MANUFACTURER (Apphcable on/y to supply contracts exceeding $10.000.) He is a O regular dealer in D manufacturer of, the supplies offered. 4, CONTINGENT F EE (See par,15 on SF 33.A.) (a) He O has O has not, employed or retained any company or persons (other than a lu// time bons /ide emp/oyce working so/riy for the offeror) to solecit or secure this contract, and (bl he O has O has not, paid or agreed to pay any company or person (other than a fu//. time bona /ide employee norking solely for the o//cror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b) above, as requested by the Contracting Officer. (Interpre-tition of the representation, including the term bona fide employee,"see Code of Federal Regulations Title 41, Subpart I.T.S.) 5 TYPE OF BUSINESS ORGANIZATION He operates as O an individual.O a partnership, O a nonprofit organization, O a corporation, incorporated under the laws of the State of 6. AFFILIATION AND IDENTIFYING DATA (Applicable only to advertised solicitations.f Exh of feror shall complete (a) and (b) if applicable, and (c) below: (a) He O is, O is not, owned or controlled by a parent company,(Seepar.16 on SF JJ-A.) (b) If the offeror is owned or controlled by a parent company, he shall enter in the blocks below the name and main office address of

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thmeesnee tu9 coes (CD EMPLOYER 5 sotMTipscatsom pe;wegRssig was er one ss 33-a; osef mon s g # no paaf %r CowPA%F s i 8 to 7 EQUAL OPPORTUNITY (a) He O has, O has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause herein or 853 clause originally contained in section 301 of Executive Order No.10925, or the clause contained in Section 201 of Executive Order No. 11114; that he O hes O has not, filed all required compliance reports; and that representations indicating submission of required compliance rcoorts, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the equal opportunity clause.) (b) The bidder (or offeror) represents that (1) he O has developed and has on file. O has not developed and does not have on file, at aach establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 601 and G0-2) or (2) he O has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulaiions of the Secretary of Labor, (The above representation sha// be completed by each bidder for o//eror) whose bid foller) is $50,000 or more and who has 50 or more employees.) CERTIFICATIONS / Check or como/cre a// soo/scable bones or blocks / 1. BUY AMERICAN CERTIFICATE The offeror certifies as part of his offer,that: each end product, except the end products listed below,is a domestic end f defined j en the clause entitled " Buy American Act"); and that components of unknown origin have been considered to ced, or muyfactured outside the United States. ggg% % hi tactuoto o o -wucis g onis,s

/, o Page 3 CLEAN AIR AND WATER (Applicable if the bid or offer exceeds $100,000,or the contracting officer has determined that orders 2 or a facility to be used has been the subject of a conviction under an indefinite quantity contract in any year will exceed $100,000, under the Clean Air Act (42 U.S.C.1857c-Bic)(1))or the Federal Water Pollution Control Act (33 U.S.C 1319(c)) and is listed by E or is not otherwise exempt.) The bidder or of feror cer;ifies as follows: (a) Any facility to be utilized in the performance of this proposed contract O has, O has not, been listed on the Environmental Prct:cti::n Agency List of Violating Facilities. (b) He will promptly notify the contracting officer, prior to award,of the receipt of any communication from the Director, Off FIdiral Activities, Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of the contr:ct is under consideration to be listed on the FPA list of Violating Facilities. (c) He will include substantially this certification, including this paragraph (c), in every nonexempt subcontract. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (See par.18 on SF 33-A) 3. fs) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement: (1) The prices in this offer have been arrived at independentle, without consultation, communication, or agreement, fo purpos2 of restricting competition, as to any matter relating to such prices w th any other offeror or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this offer htve not been knowingly disclosed of fsror and will not knowingly be disclosed by the offeror priur to opening i1 the case of an advertised procurement or prior to award in case of a negotiated procurement,directly or indi'ectly to any other offeror t r to any competitor; and (3) No attempt has beer'. made or will be made by the offeror to induce any other person or firm to submit or not to sub offsr for that purpos'e of restricting competition. (b) Each person signing this offer certifies that: (1) He is the person in the offeror's organitation responsible withi.' that organization for the decision as to the prices bei of fersd herein and that he has not participated, and will not participate,in any action contrary to (a)(1) through f a)(3), above; or (2) (i) He is not 'the person in the offeror's organization responsible within that organization for the decision as to the prices being of fered herein but that he has been authorized in writing to act aogent for the persons responsible for such decision in certif such persons have not participated and will not participate, in any action contrary to (a)(1) through (a)(3) above, and as their agent do hereby so certif y; and (ii) he has not participated, and will not participate,in any action contrary to (a)(1) through (a)(3) above. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to (1) contracts, (2) subcontracts, and (3) agreements with 4. applicants who are themselves perform ng federally assisted construction contracts, exceeding S10,000 which are not exemp provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their servic location under his control, where segregated facilities are maintained. He certifies further that he will t'ot maintain or provide for his employ-ees any segregated facilities at any of his establishments,and that he will not permit his employees to perform their services at an under his control, where segregated f acilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this tification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term " segregated f acil ties" means Eny waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and otherstorage o drsssing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, becaus of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceedmg $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in h;s files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Notice to prospective subcontractors of requirement for certifications of nonsegregated facilities. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exsmpt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all i subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making /alse o//ers is prescribedin is U.S.C 1001. autuouest so catt autuoutst no og % [F U, ff h hgg g ACKNOWLEDGMENT OF AMENDMENTS v The offorce acknowledges r.eceipt of amend-m.nt.,oth. s _,o, .,s and,e,at.d OMhk documents numbered and dated as follows-tvo re: Oliers must set toren ruil. accurate and compiete intormation as required by enis soticitation rincluding attachments). The penaity --~~--

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8. 8.

Utilization of Minority Business Enterprises (1-1.1310-2) 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 subcontracts to the fullest 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 owned by minority group members 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 def'initi'on, minority group members are Negroes, Spanish-speaking American persons, American-Orientals, American-Indians, American-Eskimos, and American Aleuts. Contractors may rely on written representations by subcontractors regarding their status as minority business enterprises in lieu of an independent invest-igation. Minority Business Enterprises Subcontracting program (1-1.1310-2) b. The Minority Business Enterprise Subcontracting Program clause shall be included in all contracts which may exceed $500,000 and which in the opinion of the procuring activity, offer substantial subcontracting possibilities. 1. The Contractor agrees to establish and conduct a. program which will enable minority businesses (as defined in the clause entitle " Utilization of Minority Business Enterprise") to be considered fairly as subcontractors and suppliers under this contract. In this connection, the contractor shall: (a) Designate a liason officer who will administer i the Contractor's minority business enterprises program. (b) Provide adequate and timely consideration of the potentialities of known minority business enterprises in all "make-or-buy" decisions. (c) Assure that known minority business enterprises will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation j of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of minority business enter-t prises.

9 t b Page 5 9 (d) Maintain records showing (i) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minor-ity business enterprises, (ii) awards to minority business enterprises on the source list, and (iii) specific efforts to identify and award contracts to minority business enterprises. (e) Include the Utilization of Minority Business Enter-prises clause in subcontracts which offer substantial minority business enterprises subcontracting opportunities. Utilization of Small Business Concerns (1-1.710-3)_ B.9. The l'tilization of Small Business Concerns clause shall be a. incitded in all contracts in amounts which may exceed $10,000 except (1) contracts which, including all subcontracts there under, are 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 as declared by the Congress that a fair proportion of the purchases and con-tracts for supplies and services for the Government be placed with Small Business Concerns. The Contractor agrees to accomplish the maximum amount 2. of subcontracting to small business concerns that the Contractor finds to be consistent with the efficient performance of this contract. Small Business Subcontracting Prugram The Small Business Subcontracting Program clause shall be included b. and which in the in all contracts which may exceed $500,000 opinion of the procuring activity offer substantial subcontract-ing possibilities. The Contractor agrees to establish and conduct a small business subcontra: ting program which will enable small business 1. concerns to be corsidered fairly as subcontractors and suppliers In this connection, the Contractor shall: under this contract. Dr.signate a liaison officer who will (i) maintain (a) liaison with the Government on small business matters, (ii) super-vise compliance with the Utilization of Small Business Concerns clause, and (iii) administer the Contractor's "Small Basiness Subcontracting Program." Provide adequate and timely consideration of the (b) potentialities of small business concerns in all "make-or-buy" decisions. Assure that small business concerns will have an (c) equitable opportunity to compete for subcontracts, particularly

Page 6 by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of small bus. ness concerns. Where i the Contractor's lists of potential small business subcontrac-tors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (d) Maintain records showing (i) whether each prospective subcontractor is a small business concern, (ii) procedures which have been adopted to comply with the policies set forth in this clause, and (iii) with respect to the letting of any, subcontract (including purchase orders) exceeding $10,000, informations sub-stantially as follows: (1) Whether the award went to large or small business. (2) Whether less than three or more than two small business firms were solicited. (3) The rceson for nonsolicitation of small business if. such was the case. (4) The reason for small business failure to receive the award if such was the case when small business was solicited. The records maintained in accordance with (iii) above may be in such form as the Contractor may determine, and the information shall be sumarized quarterly and submitted by the purchasing department of each individual plant or division to the purchasing department of each individual plant or division to the Contractor's cognizant small busi-ness liaison officer. Such quarterly sumaries will be considered to be management records only and need not be submitted routinely to the Government; however, records maintained pursuant to this clause will be kept available for review by the Government until the expi ation of 1 year after the award of this contract, or for such longer period as may be required by any other clause of this contract or by applicable law or regulation. i 1 (e) Notify the Contractin j quotations on any subcontract (g Officer before soliciting bids orincl Contracting Officer's consent to the subcontract (or ratification)(ii) $10,000 if (i) no small business concern is to be solicited, and is required by a " Subcontracts" clause in tais contract. Such notice will state the Contractor's reasons for nonsolicitation of small business con-cerns, and will be given as early in the procurement cycle as possible so that the Contracting Officer may give SBA timely notice to pennit SBA a reasonable period to suggest potentially qualified small business concerns through the Contracting Officer. In no case will the procurement action be held up when to do so would, in the Contractor's judgement, delay per-formance under the contract. (f) Include the Utilization of Small Business Concerns clause in J subcontracts which offer substantial small business subcontracting oppor-tunities. l

I 4 Page 7 (g) Cooperate with the Contracting Officer in any studies and surveys of the Contractor's subcontracting procedures and practices that the Contracting Officer may from time to time conduct. (h) Submit quarterly reports of subcontracting to small business concerns on either Optional Form 61, Small Business Subcontracting Program Quarterly Report of Participating Large Company on Subcontract Commitments to Small Business Concerns, or such other form as may be Except as otherwise provided in this contract, specified in the contract. the reporting requirements of this subparagraph (8) do not apply to small business contractors, small business subcontractors, educational and non-profit institutions, and contractors or subcontractors for standard com-mercial items. e e w

7 Page 8 8,1(). COST ACCOUNTING STANDARDS (Applicable only to negotiated contracts exceeding $100,000 except when: see Federal Procurement Regulation, Temporary Regulation 44 dated March 29, 1978.) A. It has been determined by the contracting of ficer or his duly authorized reoresentative that this requirement /~~7 is h is not in support of the national defense pursuant to 4 CFR 331.20(b). B. If it has been determined that this requirement is in support of the national defense, complete this section. If it has not been determined to be in support of the national defense, proceed to Section C. (1) DISCLOSURE STATEMENT - COST ACCOUNTING PRACTICES AN3 CERTIFICATION Any contract in excess of $100,000 resulting from this solic! tation except (i) when the price negotiated is based on: (A) Established catalog or market pr, ices of commercial items sold in substantial quantities.in i the general public, or (B) prices set by law or regula-tion; (ii) contracts awarded to small business concerns-(as def.ined in 1-701.1 of the Armed Services Procurement Regulations or FPR 51-1.701-1); or (iii) contracts which are otherwise exempt (see 4 CFR 333,30(b)) shall be subject to the requirements of the Cost Accounting Standards Board. Any of feror submitting a proposal, which, if accepted', will result in.a contract subject the requirements of the Cost Accounting Standards toBoard must, as a condition of contracting, submit a Disclosure S tatement as required by regulations of the Board. The Disclosure Statement must be submitted as a part of the of f erors proposal under this splicitation (see (I), below) unless (i) the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards exceeding ' the monetary exemption for disclosure as established by the Cost Accounting Standards Board (see (II),- below); (ii) the offeror ex ce ed e'd the monetary exemption in h'is cost accounting period immediately preceding the cost accounting period in which this proposal was submitted but, in accordance with the regulations of the Cost Accounting Standards Board, is not yet required to submit a Disclosure Statement (see (III), below); (iii) the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pr icing of this proposal (see IV), below); 4

Page 9 4 (iv) post-award submission has been authorized See 4 CFR 351.70 for orby the Contracting Of ficer. to the Cost submission of cop'y of Disclosure Statement Accounting Standards Board. A practice disclosed in a Disclosure CAUTION: Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed to practice for pricing proposals or accumulating and reporting contract performance cost data. Check the appropriate box below. CERTIFICATE OF CONCURRENT SUBMISSION OF / / I. DISCLOSURE STATEMENT (S) The offeror hereby certifies that he has submitted, as a part of his proposal under this solicitation, copies of the Disclosure Statement (s) as follows: original and one copy to the cognizant contracting (i) (ACO), see officer (Administrative Contracting Officer DOD Directory of1 Contract Administration Components (DOD 4105.598)); and (ii) one copy to the cognizant contract auditor. Date of Disclosure Statement (s): Name'(s) and Address (es) of Cognizant ACO(s) where filed: The offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed f in the Disclosure S tatement(s ). CERTIFICATE OF MONETARY EXEMPTION / / II. tocether with The offeror hereby certifies that he, j all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated J contracts and subcontracts i national defense prime to Cost Accounting Standards totaling more than subject immediately S10 million in his cost accounting period preceding the period in which this proposal was submitted. -The offeror further certifies that if his status changes prior to an award resulting from this J Proposal, he will advise the contracting of ficer immediately.

Page 10 t j Offerors who submitted a Disclosure c CAUTION: Statement under the filing requirements previously by.the Cost Accounting Standards Board may established - claim this exemption only if the dollar volume of CAS coverad national defense prime contract and subcontract awards 1.' their preceding cost accounting period did the S10 million threshold and the amount not exceed Such of this award will be less than $10 million. offerors'will continue to be responsible for maintaining the Disclosu,re Statem'ent and following the disclosed practices on CAS covered prime contracts and subcontracts awarded during the period in which a Disclosure Statement was required. CERTIFICATE OF INTERIM EXEMPTION / / III. The offeror hereby certifies that (i) he first exceeded the monetary exemption for disclosure, asin this cost account defined in (II) above, immediately preceding.the cost accounting period in (ii) in which this proposal was submitted, and accordance with 'the regulations of the Cost Accounting Standar'ds Boa'rd (4 CFR 351.40(f)), he is not yet required' to submit a Disclosure Statement.' The offeror further ceritifies that if an award resulting from this proposal has not been made within 90 days after the a revised end of that period, he will immediately submit in the form certificate to the Contracting Officer, (I), above or (IV), below, as specified underto verify his submission of a completed appropriate, Disclosur e 'S tatement. Offerors may not claim this exemption CAUTION: if they are currently required to disclose because they were awarded a CAS sovered national defense prime contract or subcontract of S10 million or more in the current cost accounting period. Further, the exemption applies only in connection with proposals to expiration of the 90 day period submitted prior in which the following the cost accounting period monetary exemption was exceeded. ) ( CERTIFICATE OF PREVIOUSLY SUBMITTED l /__[ IV. DISCLOSURE STATEMENT (S) ) ) The offeror hereby certifies that the Disclosure StatemenH)) were filed as follows:

Page 11 i Date of Disclosure Statement (s): Name(s) and Address (es) of Cognizant Contracting Officer (s) ( ACO ( s )') where filed: The offeror further certifics that practices used in 1 estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement (s). -COST ACCOUNTING STANDARDS - EXEMPTION FOR CONTRACTS (2) OF $500,000 OR LESS If this proposal is expected to result in the award or less, the offeror shall. j of a contract of $500,000 indicate whether the exemption to the Cost Accounting Standards clause under the provisions of 4 CFR 331.30 (b)(8) is claimed. Failure to check the box below shall mean ' t, hat the resultant contract is subject to tha t the I the Cost Accounting Standards clause or offeror elects to comply with such clause. The offeror hereby claims an exemption from the / / Cost Accounting Standards clause under the provisions and certifies that he has received of 4 CFR 331'.30(b)(8) notification of final acceptance of'all deliverable all prime contractors or subcontracts items on (i) in excess of $500,000 which contain the Cost Accounting Standards clause, and (ii) all prime contracts or subcontracts of $500,000 or less awarded after January 1,1975, which contain the Cost Accounting Standards The offeror further ' certifies he will immediately clause. in the event notify the Contracting Officer in writing be is awarded any other contract or subcontract containing the Cost Accounting Standards clause to the date of this certificate but prior subsequent the date of any award resulting from this to proposal. (3) COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is eligible to use the modified Provisions of 4 CFR 332, and elects to do so, he shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject the Disclosure and Consistency of Cost Accounting to Practices clause in lieu of the Cost Accounting S tandards clause. .. ~.

Page 12 I claims an exemption from the / / The offeror herebds clause under the provisions Cost Accounti,ng. Standar'y and certifies that he is of 4 CFR 331.30(b)(2), eligible for use of the Disclosure and Consistency of (i) during his Cost Accounting Practices clause becausecost accounting p in which this proposal was submitted, he received less than $10 million in awards of CAS covered national and'(ii) defense prime contracts and subcontracts,the sum of such his total sales during that. cost accounting period. if his status The offeror further certifies that changes prior to an award resulting from this proposal, he will advise the contracting officer immediately. Offerors may not claim the above T eligibility for modified contract coverage if this, 1 CAUTION: in the award of a is expected to result i contract of 51'O million or more, or if, during the rthey have been award proposal current-cost accounting period, a sing 1,e CAS-covered national defense prime contract or subccntract of $10 million or more. ADDITIONAL COST ACCOUNTING STANDARDS APPLICA (4) TO EXISTING CONTRACTS The offeror shall indicate below whether award of the contemplated contract would, in accordance with of the Cost Accounting Standards paragraph (a)(3) require a change in his established cost accounting practices affecting existing' contracts and

clause, subcontracts.

C YES L/ NO and If the offeror has checked "yes" above,he will is awarded the contemplated contract, NOTE: required to comply with the Administration. beof the Cost Accounting Standards clause. this requirement is not If it has been determined that in support of the national defense, complete this I C. section. j COST ACCOUNTING STANDARDS ELIGIBILITY FOR MOD l (1) CONTRACT COVERAGE. the modified If the offeror is eligible to use and elects to do so, he shall provisions of 4 CFR 332, i I H l 4

Page 13' Checking the box 3ndicate by checking the box below. is subject below shall mean that the resultant contractthe Disclosure;an Practices clause in lieu of the Cost Accounting to Standards clause. - 7 The of feror hereby claims an exemption fro ~m the Cost Accounting Standards clause under the provisionsand certifies th / cf 4 CFR 331.30(b)(2), for use of the Disclosure and Consistency of Cost (i) during his Accounting Practices clause because cost accounting period Immediately preceding the period received less in which this proposal was submitted, he than $10 million in awards of CAS covered national and (ii) the defense prime contracts and subcontracts, sum of such awards equ his total sales during that cost accounting period. that if his status The offeror further certifiesresulting from this changes prior to an awar. proposal, he will advise the contracting of ficer immediately. Of f erors may not claim the above CAUTION: eligibility for modified contract co.verage -if this in the award of a contract proposal is expected to resultof Slo million or more or if, during their curre cost accounting period, they have been awarded a single CAS-covered national defense prime contract or subcontract of S10 million or more. COST ACCOUNTING STANDARDS CERTIFICATION - (2) NONDEFENSE APPLICABILITY in excess of S100,000 Any negotiated contract to resulting from this solicitation shall be subject requirements of the clauses entitled Cost the (FPR Accounting Standards - Nondefense Contract S 1-3.1204-2(a)) and Administration of Cost (FPR S 1-3.1204-1(b)) if it Accounting Standards to a contractor's business unit that is is awarded performing a national defense contract or subcontract to cost accounting standards pursuant which is subjectthe time of award, except contracts to 4 CFR 331 at (see FPR Sl-3.1203-2(a) which are otherwise exemptan award resulting from this and (c)(4)). Otherwise, solicitation shall be subject to the requirements of entitled Consistency of Cost Accounting the clauses (FPR S 1-3.1204-2(b)) Practices - Nondefense Contract and Administration of the Cost Accounting Standards (FPR Sl-3.1204-1(b)) if the award is (i) the first I

Page 14 in the event the negotiated contract over $500,000 unit that is not award is a contractor's business l national defense or performing under any CAS covered or (ii) a nondefense contract or subcontract,in the event the negotiated contract over $100,000 that is award is to a contractor's business unit performing under any CAS covered national defense or except contracts nondefense contract or subcontract, which 'are otherwise exempt (see FPR S 1-3.1203-2(a) This solicit'a. tion notice is not and (c)(4)). applicable to small business concerns. Certificate of CAS Applicability The offeror hereby certifies that: is currently performing a negotiated / / It national defense contract or subcontract that A. contains a Cost Accounting Standards Clause and it is currently required to (4 CFR 331),that clause in any new negotiated accept national def ense contracts it receives that are ' subject to cost accounting standards. is currently performing a negotiated /~]7 I t B. national defense or nondefense contract or contains a cost acccunting subcontract that standards clause required by 4 CFR 331 or 332 it is not required or,by FPR Subpart 1-3.12, butto accept the 4 CFR 331 clau national defense contracts or' subcontracts which receives that are subject to cost accounting it standards. is not performing any CAS covered national / / It The C. def ense or nondef ense contract or subcontract. it will immediately of f eror further cer tifies tha t in the notify the contracting officer in writing event that it is awarded any negotiated national defense or nondefense contract or subcontract standards clause containing any cost accounting to the date of this certificate but subsequent prior to the date of the award of a contract resulting from this solicitation. / / It is an educational institution receiving I contract awards subject to FPR Subpart 1-51.3 D. (FMC 73-8, OMB Circular A-21).

Page 15 receiving is a State or local governmsnt E.,f~[/ It to FPR Subpart 1-15.7 contract, awards subject OMB Circular A-8 7). (FMC 74-4, F. / / It is a hospital. Certain firm fixed price negotiated nondefense contracts awarded on the basis of price NOTE: competition may be determined by thethe time of award) (at Contracting Officer to be exempt from cost accounting standards (FPR S 1-3.1203-2(c)(4)(iv)). i Additional Certification - CAS Applicable Offerors The offeror, subject to cost accounting

([]I E,

or F standards but not' certifying under D,further certifies that pr G. estimating costs in pricing this proposal are

above, in the consistent with the practices discussed j

Disclosure Statement (s) where they have been submitted pursuant to CASB regulations (4 CFR 351). Data Required - CAS Covered Offerors The Offeror certifying under A or B above but not is required to furnish the or F above, under D, E, (including agency or department name, address component); and telephone number of the cognizant contracting officer administering the offeror's If A above is ch,ecked, CAS-covered contracts. the offeror will also identify those currently accounting standards, if any, which effective cost upon award of the next negotiated national defense or subcontract will become effective upon contract the offeror. Name of CO: Address: Telephone No.: Standards not yet applicable:

Page 16 l B.11. AUTHORIZED NEGOTIATORS Offeror shall furnish names and telephone numbers of per_so pel n authorized to conduct negotiations and hold technical discussions under this solicitation: Telephone No. (Name - Contractual Matters) Telepho,ne No. (Name - Contractual Matters) Telephone No. (Name - Technical Matters) 9 B.12. MAILING ADDRESS FOR PAYMENT should be Offeror shall indicate below the address to which payment mailed, if such address is different from that shown for the offeror / contractor. Street Office Zip Code State City

Page 17 l B.13 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION 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 paragraph 20-1.5403(b)(1). .If the representation as completed 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 statement in writing which describes in a concise manner 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: (i) 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 6 20-1.5411. The refusal to provide the. representation required by 6 20-1.5404(b) or upon request of the Contracting Officer the facts required by 6 20-1.5404(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 awards; 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 NRC contracts and be subject to such other remedial actions provided by law or.the resulting contract. The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the state-ments 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. The offeror's failure to execute the representation required herein with respect to invitation for bids will be. considered to be a minor informality, and the offeror will be' permitted to correct the omission. -e

Page 38 SfCTION C SOUCITATION INSTRUCTIONS AND CONDITIONS

7. LATE Bif)S, MODIFICATIONS OF BIDS, OR WITHDRAWAL OF

1. DEFINITIONS.

BIDS. (a) Any, bid received at the tHice designated in the solicitation after the euct time specified for receipt will not be considered unless it is (s) The terha " solicitation" means Invitation for Bids (IFB) where the procurement is advertised, and Request for Proposal (RFP) where j received before award is made and either: (1) It was sent by registered or certised maa,l not later than the thz $rocurement is negotiated.( ). The term "oHer" means bid where the procurement is adver. fifth calendar day prior to the date specified for the receipt of bids tised, and proposal where the procurement is negotiated. (e.g, a bid submitted m response to a solicitation requiring receipt of (c) For purposes of this sohcitation and Block 2 of Standard Form bids by the 20th of the month must have been mailed by the 15th or j 33, the term " advertised" includes Small Business Restricted Adver.carlier); or (2) It was sent by mail (or telegram a,f authorn, ed) and it as tumg and other types of restricted advertising. determined by the Government that the late receipt was due solely to ]

2. PREPARATION OF OFFERS.

rnishandling by the Government after receipt at the Government (a) Offerors are expected to examine the drawings, specifications, mstallation. Sch2dule* and all instructions. Failure to do so will be at caeror's (b) Any modification or withdrawal of a bid is subj,ect t'o the same conditichs as in (a), above. A bid may also be withdrawn,in person risk'b) Each ofbr9r shall furnish the information required by the by a bidder or his authorized representative, provided his identity as ( solicitation. The offeror shall sign the solicitation and print or type made known and he signs a receipt for the bid, wt only if the with, his name on the Schedule and each Continuation Sheet thereof on drawal is made prior to the exact time set for receipt of bids, which he makes an entry. Erasures or other changes must be initialed (c) The only acceptable evidence to establish:, by the person signing the offer. OHers signed by an agent are to be (1) The date of mailing of a late bid, rnodification, or withdrawal accompanied by evidence of his authority unless such evidence has sent either by reg,istered or certified mad is the U.S. Postal Service postmark on both the envelope or wrapper and on the been previously furnished to the issuing of5ce, (c) Unit price for each unit offered shall be shown and such price shallinclude packing unless otherwise specified. A total shall be entered the bid, modification, or withdrawal shall be deemed to have been in the Amount column of the Schedule for each item oNered. In case mailed late. (The term " postmark" means a prmted, stamped, or other-of discrepancy between a unit price and extended price, the unit price wue placed impression (exclusive of a postage meter machme,impres-that is readily identifiable without further action as havmg been will be presumed to be correct, subject, however, to correction to the sion)ied and affixed on the date of mailing by employees of the U.S. same extent and in the same manner as any other mistake. suppl (d) ORets for supplies or services other than those specified wi!I not Postal Service. Therefore, oEerors should request the postal clerk,to be considered unless authorized by the solicitation. place a hand cancellation bulfs eye " postmark" on both the receipt (c) Offeror must state a definite time for delivery of supplies or and the envelope or wrapper.) for performance of services unless otherwise specified in the solicitation. (2) The time of receipt at the Government, stallation as the m (I) Time, if stated as a number of days, will include Saturdays, time.date stamp of such mstallation on the bid wrapper or other Sundsys and holidays. documentary evidence of receipt maintained by the insta!Iation. (g) Code boxes are for Government use only, (d) Notwithstanding (a) and (b) of this provision, a late modifi. cation of an otherwise successful bid which makes its terms more

3. EXPLANATION TO OFFERORS. Any explanation desired by an favorable to'the Government will be considered at any time it is re-oHeror regarding the meaning or interpretation of the solicitation, ceived and may be accepted.

drawings, specifications, etc., must be requested in writing and with Note: The term " telegram" includes mailgrams. sufficient time allowed for a reply to reach eTerors before the rub-mission ~of their offers. Oral explanations or instruc ions given before

8. l. ATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND the award of the contract will not be binding. Any information given WITHDRAWALS OF PROPOSALS.

to a prospective ollesor concerning a solicitation will be furnished to (a) Any proposal received at the office designated in the solicita. rJ1 prospective oRerors as an amendment of the solicitation, if such tion after the exact time specified for receipt will not be considered information is necessary to offerors in submitting offers on the solicita. unless it is received before award is made, and: tion or if the lack of such information would be prejudicial to un. (1) It was sent by registered or certified mail not later than the 1 informed offerors. fifth calendar day prior to the date specified for receipt of offers (e'g2 an oder submitted in rcepor.se to a solicitation requiring receipt c

4. ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS.

Receipt of an amendment to a solicitation by an oneror must be offers by the 20th of the month must have been mailed by the 15th or A ccknowledged (a) by signing and returning the amendment, (b) on earlier)); It was sent by mail (or telegram if authorized) and it is (2 page three of Standard Form 33, or (c) by letter or telegram. Such determined by the Government that the late receipt was due solely ccknowledgment gnust be received prior to the hour and date specified to mishandling by the Government after receipt at the Covernment i for receipt of cEers. installation; or (3) It is the only proposal received. J

5. SUBMISSION OF OFFERS.

(b) Any modification of a proposal, except a modification resulting 1 (a) Offers and modi 6 cations thereof shall be enclosed in seated from the Contracting Officer's request for "best and final" offer,is sub-envelopes and addressed to the office specified in the solicitation. The offeror shall show the hour and date specified in the solicitation for ject to the same conditions as in (a)(I) and (a)(2) of this provision, (c) A modification resulting from the Contracting OfEccr s request receipt, the solicitation r. umber, and the name and address of the for "best and final" offer received after the time and date specified in offeror on the face of the envelope. the request will not be considered unless received before award and (b) Telegraphic offers will not be considered unless authorized by the late receipt is due solely to mishandling by the Covernment after the solicitation; however, offers may be modified or withdrawn by receipt at the Government installation. written or telegraphic notice, provided such notice is received prior to the hvur and date specified for receipt. (However, see paragraphs 7 (d) The only acceptable evidence to establish: (1) The date of mailing of a late proposal or modification se'nt rnd 8.) either by registered or certified mail is the U.S. Postal Service post-(c) Samples of items, when required, must be submitted within the mark on both the envelope or wrapper and on the original receipt from time specified, and unless otherwise specified by the Covernment, at the U.S. Postal Service. If neither postmark shows a legible date, the no empense to the Covernment. If not destroyed by testing, samples proposal or modification shall be deemed to have been mailed late. will be returned at offeror's request and expense, unless otherwise The term " postmark" means a printed, stamped, or otherwise, placed l specified by the solicitation. i(mpression (exclusive of a postage meter machine impression) that is

6. FAILURE TO SUBMIT OFFER. If no offer.i,s to be subm.itted, do readily identifiable without further action as having been supplied and not return the solicitation,unless otherwise,specified. A letter or post.

affixed on the date of mailing by employees of the U.S. Postal Service. etrd shall be sent to the issums office advismg whether future solic-Therefore, offerors should request the postal clerk to place a hand statwns,for the type of supphes or services covered by this solic,tation cancellation bull %cye " postmark" on both the receipt and the envelope i tre desired. Failure of the recipient to offer, or to notify the issumg or wrapper.) (2) The time of receipt at the Government installation is the effice that future solicitations are desired, may result in removal of time.date stamp of such installation on the proposal wrapper or other thi name of such recipient from the mailing list for the type of supplies er services covered by the solicitation. documentary evidence of receipt maintained by the installation. AND FQd 6(Rev.1-yW j 't'

• cm) '-58

33 D**,. I n d ' M M .a cw

Page 19 (e) Notwithst:nding (a), (b), and (c), af this provision, a hte 35-45), the Contract Work llours Standards Act (40 U.S.C. 327-330), modi 6 cation of an otherwise suecassful proposal which mthes its tirms tnd the Servica Contract Act of 1965 (41 U.S.C. 351-357) mzy be more favorable to the Government will be considered at any time it is obtained from the Department of Labor, Washington, D.C 20210, or received and may be accepted. from any regional office of that agency. Requests for information should (f) Proposals may be withdrawn by written or telegraphic notice include the solicitation number, the name and address of the issuing ! received at any time prior to award. Proposals may be withdrawn in agency, and a description of the supplies or services. l 'penon by an oReror or his authorized representative, provided his

13. SELLER'S INVOICES. Invoices shall be prepared and submitted

) identity is made known and he signs a receipt for the proposal prior to award. in quadruplicate (one copy shall be marked " original") unless other-Note: The term telegram" includes mailgrams. wise specined. Invoices shall contain the following information: Con-Note: ne alternate late proposals, modi 6 cations of proposals and tract and order number (if any) item numben, description of supplies withdrawals of proposals provis on prescribed by 41 CFR l-3.802-2(b) or services, sizes, quantities, um,t prices, and catended totals. Bdl of l shz]! be used in heu of provision 8, if speciSed by the contract. lading number and weiichtaf shipment will be shown for shipments made on Government bills of lading. )

9. DISCOUNTS.

(a) Notwithstanding the fact that a blank is provided for a ten (10)

14. SMAll. BUSINESS CONCERN. A small business concern for the l

day discount, prompt payment discounts oRered for payment within purpose of Government procurement is a concern, including its affili. less than twenty (20) calendar days will not be considered in evalu-ates, which is independently owned and operated, is not dominant in I the field of operation in which it is submitting oRers on Government ating oRen for award, unless otherwise specined in the solicitation. However, oRered discounts of less than 20 days will be taken if pay-contracts, and can further qualify under the criteria concerning num-1 ment is made within the discount period, even though not considered ber of employees, averante annual receipts, or other critena, as pre. in the evaluation of oRers. scribed by the Small Business Administratiort. (See Code of Federal l (b) I i connection with any discount oRered, time will be computed Regulations, Title 13, Part 121, as amended, which contains detailed t from date of delivery of the supplies to carrier when delivery and industry definitions and related procedures.) acceptance are at po nt of origin, or from.date of delivery at desti-

15. CONTINGENT FEE. If the oReror, by checking the appropriate nation or port of embarkation when delivery and acceptance are at either of those points, or from the date conect invoice or voucher is box provided therefor, has represented that he has employed or retained received in the office specined by the Government, if the latter date a company.or person (other than a full. time bona fide employee work-is later than date of delivery. Payment is deemed to be made for the ing solely for the oReror) to solicit or secure this contract, or that he purpose of earning the discount on the date of mailing of the Govern-has paid or agreed to pay any fee, commission, percentage, or brokenge rnent check.

fee to any company or person contingent upon or resulting from the award of this contract, he shall furnish, in duplicate, a complete Stand.

10. AWARD OF CONTRACT.

ard Form 119, Contractor's Statement of Contingent or Other Fees. If (a) De contract will be awarded to that responsible oReror whose oReror has previously furnished a completed Standard Form 119 to the oRer confonning to the solicitation will be most advantageous to the office issuing this solicitation, he may accompany his oRet with a signed (a) indicating when such completed form was previously Government, pnce and other factors considered. statement (b) The Government reserves the right to reject any or all oRers furnished, (b) identifying by number the previous solicitation or con-and to waive informalities and minor irregularities in oRers received. tract, if any, in connection with which such form was submitted, and (c) The Government may accept any item or group of items of any (c) representing that the statement in such form is applicable to this oRer, unicu the oReror qualifies his oRer by specine limitations. UN-oKer. LESS OTHERWISE PROVIDED IN THE SCIIEDULE, OFFERS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN

16. PARENT COMPANY. A parent company for the, purpose of this THOSE SPECIFIED; AND THE GOVERNMENT RESERVES oRer is a company which either owns or controls the activities and basic THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A business policies of the oReror. To own another company means the QUANTITY LESS THAN THE QUANTITY OFFERED AT THE parent company must own at least a majority (more than 50 percent) 1 P I ES OFF RE NLESS THE OFFEROR SPECIFIES of the voting rights in that company.To control another company,such wnenh8p is not required; if anoth r company as able t formula (d) A written award (or Acc"eptance of ORer) mailed (or other-eunmne, or Sto bas,ic bunnm po icy ecumns o wise furnished) to the successful offeror within the time for acceptance other company is considered the parent company of the,oEe,ror. 'Ihis specined in the oRer shall be deerned to result in a binding contract c ntrn! may be percned tbush the ine o hant mmonty mang without further action by either party.

rights, use of proxy voting, enntractual arrangements, or otherwise, The following paragraphs (e) through (h) appiv only to negotiated solicitations'-

17. EMPLOYER'S IDENTIFICATION NU,MBER,. (Applicable only to (e) The Government may accept within the time specified therein, advertised solicitations.) De oReror shall insert in the applicable space any oRer (or part thereof, as provided in (c) above), whether or not on the oRer form, if he has no parent company, his own, Employer's there are negotiations subsequent to its receipt, unless the oRet is with, Identification Number (E..I. No.) (Federal Soc,al Secunty Number i

the Government prior to award. drawn by written notice received b[ucted, they shall not cnnstitute a used on Employer's Quarterly Federal Tax Return. U.S. Treasury If subsequent negotiatinns are con Department Form 941), or,yf he has a parent company, the Employer's rejection or counter offer on the part of the Government. Identification Number of his parent company. (f) The right is reserved to accept other than the Inwest oRer and to reject any or all oRers. (g) The Government may award a contract, based on initial oRers

18. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION.

received, without discusion of such oRers. Accordingly, each initial (a) This certincation on the offer form is not applicable to a foreign oRer should be submitted on the most favorable terms from a price oReror submitting an oRer for a contract which requires performance and technical standpoint which the oReror can submit to the Govern-or delivery outside the United States,its possessions, and Puerto Rico. (b) An oRer will not be considered for award where (a)(1), (a)(3), 1 ment. (h) Any, financial data submitted with any oRer hereunder or anY or (b) of the certincation has been deleted or modified. Where (a)(2) representation concerning facilities or financing will not form a part of the certification has been deleted or modified, the oKer will not be i of cny resulting contract; provided, however, that, if the resultmg con-considered for award unless the oderor furnishes with the oKer a signed tract contains a clause providmg for pnce reduction for defective cost statement which sets forth in detail the circumstances of the disclosure er pricing data, the contract pnce will be subject to reduction af cost and the head of the agency, or his designee, determines that such dis. er pncing data furmshed hereunder is incomp!cte, inaccurate, or not closure was not made for the purpose of restricting competition. i l current.

19. ORDER OF PRECEDENCE. In the event of an inconsistency be-

11. GOVERNMENT. FURNISHED PROPERTY. No material, labor, or' tween provisions of this solicitation, the inconsistency shall be resolved facilities will be furnished by the Government unless otherwise pro.

by giving precedence in the following order: (a) the Schedule; (b) vided for in the solicitation. Solicitation Instructions and Conditions; (c) General Provisions; (d)

12. LABOR INFORMATION. General information regarding the re-other provisions of the contract, whether incorporated by reference or 4

quirements of the Walsh Healey Public Contracts Act (41 U.S.C. otherwise; and (e) the specifications. ] 9 i a %. i-m f' D srw e v. s... e

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l Page 20 NOTICE OF REQUIREMENT FOR CERTIFICATION OF NONSEGR I By signing this Bidders and offerors are cautioned as follows: bid or offar, the bidder or offeror will be deemed to have signed C.2 0 and agreed to the provisions of the " Certification of Nonsegregated The certification provides that Facilities" in this solicitation. the bidder or offeror does not maintain or provide for his employees facilities which are segregated on a basis of race, creed, color, or national origin, whether such facilities are segregated by directive The certification also provides that he.will or on a de facto basis. Failure of a bidder or not maintain such segregated facilities. offeror to agree to the Certification of Nonsegregated Facilities will render his bid or offer nonresponsive to the tenns of solicitations involving awards of contracts exceeding S10,000 which are not exempt from the provisions of the Equal Opportunity clause. Pursuant to the provisions contained in Clause C.5, Paragraph (b), ~ C.21 telegraphic bids are not authorized. C.2 2 NCNDISCRIMINATIO!1 BECAUSE OF AGE (FpR 1-12.1001) It is the policy of the Executi te Branch of the Government that (a) contractors and subcontractors e ngaged in the performance of Federal contracts shall not, in connecticn with the employment, advancement, or discharge of employees or in connection with the tems, conditions, or privileges of their employment ciscriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement, and (b) that contractors and subcontractors, or persons acting 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 maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. C. 2 3 LISTING OF EMPLOYMENT OPEi1INGS (1-12.1102-2) Bidders and offerors should note that this solicitation includes a provision requir'.ng the listing of emplo) vet openings with the local office of the Federt.1-State employment servic system where a contract award is for $2,500 or more. C.2 4 grE OF CONTRACT _ ,4 It is contemplated that a cost plus fixed fee type contrect will be awarded as a result of this solicitation. However, the government reserves the right to negotiats and award whatever type of contract is deemed most appropriate. i

Page 21 4 C.25 Availability of Funds Funds are not presently available for performance under this contract. The Government's obligation for performance of this contract is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the Government for payment of any money for performance under this contract shall arise unless and until funds are made available to the Contracting Officer for such performance and notice of such availability, to be confirmed in writing by the Contracting Officer, is given to the Contractor. C.26 Level of Effort It is estimated that the work outlined herein can be accomplished by applying approximately 1 1/2 man-years of effort technical / clerical. C.27 Proposal Presentation and Format a. Proposals will be typewritten or reproduced on letter-size paper and will be legible in all required copies. Unnecessarily elaborate brochures or other presentations beyond that sufficient to present a complete and effective proposal are not desired and'may be construed as an indication of the offeror's lack of cost consciousness. Elaborate art works, expensive paper and binding, expensive visual and other presentation aids are neither necessary nor desired. b. In order to conduct the evaluation as expeditiously and as ccmpre-hensively as possible, the Government desires that offerors respond in accordance with the guidelines set forth below: Proposals submitted in response to' this Request for Proposal shall be in two (2) parts: iM) A " Technical Proposal" and a " Cost Proposal." Submit fourJJ) cooies of each. Each of the parts shall be separate and complete in itseif so Inat evaluation of one may be acccmplished independently of the evaluation of the other. All documents submitted shall have a cover page with the identifying RFP title, the solicitati,on pumber, and name of the offeror. (1) TECHNICAL PR0p0 SAL - (See the following paragraph No. C.28 for specific content requirements.) The " Technical Proposal" shall not contain _any_ reference to cost. Resource information such as data concerning labor hours, and categories, materials, subcontracts, travel, computer time, etc., shall be included in the " Technical Proposal" so that offeror's understanding of the scope of work may be evaluated. (2) COST PROPOSAL - The contractor shall utilize the Ootional Form 60, Contracting Pricing Proposal in submitting his cost proposal. Offerors may, however, submit the necessary information in a different format where the offeror's l l

Page 22 acccunting syttem makes the use of the form imoractical, or when required for a more effective and efficient presentaticn of cost In either instance, the information furnished shall information. include pertinent details sufficient to shcw the elements of cost upon which the total cost is predicated. Cost will be evaluated on reasonableness, validity and reliability. If your records are currently under audit cognizance of a Govern-ment audit agency, the address and telephone of that office should 1 One (1) copy of the technical and cost preposal be furnished. shall be submitted by the offeror to the ccgnizant Government audit agency concurrent with the submittal of the proposal to the NRC. C. 2 8 TECHNICAL PROPOSAL CONTENT _ The offerer shall submit with his technical proposal full and.completa infor ::a: ion in the order set forth below to permit the Government to maka a thorough. evaluation and a sound detennination that the proposed approach will have a reasonable likelihood of meeting the requirements 'and objectives of this procurement in accordance with the evaluation criteria set for:h under Section D. Statements which paraphrase the scope of work withcut c:mmunicating the specific innovation proposed by the offeror or statements to the effect that the offeror's understanding can or will c: moly with the scope of work may be construed as an indication of the offeror's lack of understanding of the scope of worA and objectives. The technical proposal shall be submitted in four (4) parts as described below. Part I. The technical proposal shall include but not be limited to the following and any pertinent additions thereto: (a) Discussion of the requirements of the Scope of Work to substantiate the offeror's understanding of the effort. (b) Discussion of the technical approaches and a detailed outline of the proposed program for executing the requirements and achieving the objectives of the Scope of Work. (c) Discussion of anticipated major diff'icultie's-and problem areas, together with potential or recommended approaches for their resolution. (d) Statements of any interpretations, requirements, or' assumptions made by the offeror.

Page 23 (e) Discussion of the extent to which the proposed approach can be expected to meet the requirements set forth in the scope of work. (f) The individual (s) authoring the technical proposal shall be identified. Part II. The Qualifications, Experience and Availability proposal shall include but not be limited to the following and any pertinent additions thereto: (a) Resumes for all key professional personnel to be utilized in the performance of any resulting contract listing qualifications and experience of personnel specifically assigned to this particular effort and the percentages of time to be devoted to each task includ_ing subcontractors, if any. (b) Offeror's experience in designing and developing studies similar to this effort in tenns of operational and subject area requirements of industrial clients and Government agencies, including a listing of Government agencies and contracts pertinent to this effort. Discuss offerors experience in related fields. Part III. The M3nagement proposal shall include but not be limited to the following and any data pertinent thereto: (a) Management organizational structure delineating areas of responsibility and authority under the proposed effort. Describe the relationship of the project organization to corporate management and to subcontractors, if any, Discuss the functions and authorities of the project manager. (b) Procedures to periodically review in-house organi-zational functions, program reviews and controls and subsequent coordination with the NRC. (c) Management controls expected to be utilized to preclude a contract cost growth. (d) Project scheduling and contingency planning demon-strating a logical progression and integration of the tasks to insure completion within the period of per-formance and without program slippage.

Page 24 C.29 Cost Proposal A. The Cost / Pricing Section - Shall be submitted on Optional Form 60 or similar format, supported by necessary schedules and documentation, including but not limited to the following: Material - A detailed listing of items including the quantity, basis of cost estimate, unit cost and sources of cost. Labor - The basis for the estimated hours broken down by category, and the source of labor rates. Indirect - The source and basis of determination of all indirect costs. Travel - A breakdown of all travel by trips, segregating all transportation and per diem costs. A copy of the official Government approval of the offeror's travel policy if granted, or in lieu thereof, a copy of the offeror's travel policy. Other - The offeror's fiscal accounting period (Fiscal Year) and the name, address, and the telephone number of the offeror's cognizant Government Audit Agency. B. Offeror's cost proposal also shall include the following information: ADDITIONAL FACILITIES In the event the offeror contemplates acquiring additional facilities in the performance of this work, such facilities shall be separately l identified, COMMITMENTS The offeror shall list commitments with the Government relating to the specified work or services and indicate whether the'se commitments will or will not interfere with the completion of work and services ' l contemplated under this proposal. MANPOWER AVAILABILITY Describe the source of personnel required for performance of each task l and not presently employed by the offeror. If any of the personnel noted earlier are under tentative conunitment, describe the terms of the commitment (s). Note specifically the personnel that will be on board expecting a contract award. MANPOWER STABILITY Furnish an attrition record for supervisory personnel and for professional / technical non-supervisory personnel, within the proposing entity for the following years: 1976, 1977, -1978 - The attrition rate may be expressed in a percent, providing the offeror explains the method used to compute the percentage figure.

Pag 2 25 c C0flSULTAflTS Explain need for services. List proposed principal consultants if known by name. For each list show (a) nature of services, (b) name of employer, (c) fee rate, and (d) total consultant fee and any other allowable related costs which may be involved, such as travel and per diem. Such fees may not be paid to employees of the contractor or to employees of the U.S. Government. C.30 NOTICE OF PROPRIETARY INFORMATION_ i In cases where an offeror wants technical data included in the proposal to be used only for purpose of evaluation, he must specifically identify the data by marking the title page with the following restrictive legend: The data, described below, contained in this proposal shall be used, duplicated, or disclosed only for NRC .. evaluation purposes and this notice shall be applied to any reproduction or abstract of such data. This restriction does not apply to data if the data: (1) is generally available to the public, (2) is already available to the Government on an unrestricted basis, (3) becomes available to the Government from another source, including the proposer, without restriction, or (4) is required to be publically disclosed pursuant.. to the Freedom of Information Act (5 U.S.C. 522). This notice covers the following data: (Here described in detail the location of the material claimed to be proprie-tary - list specific pages or paragraphs, as appropriate - general statements will not be acceptable.) The submitter must also mark each sheet of data which he wishes to restrict with the following legend: Use or disclosure of the technical data on this page is subject to the restriction of the title page of this proposal. , C,. 31 DISPOSITI0ft 0F PROPOSALS Af ter award of contract two (2) copies of each unsuccessful proposal will be retained by NRC, Division of Contracts, and, unless otherwise notified by the offeror, all other copies will be l destroyed. .) j

Page 26 'SECTION D - EVALUATION FACTORS FOR AWARD D.1 AWARD OF CONTRACT Nowithstanding paragraph 8 entitled " Award of Contract" of the Standard Form 33A, the award of any resulting contract will be made to that responsible offeror within the meaning of the Federal Procurement Regulations 1-1.12, conforming to tim solicitation which will be most advantageous to the Government, cost and other factors considered. Selection of the successful contractor will be based upon the evaluation criteria set forth under paragraph D.2. Also, offerors are advised of the possibility that award may be made without discussion of proposals received and, hence, that proposals should be submitted initially in the most favorable terms, from a cost and technical standpoint. D.2 EVALUATION OF PROPOSALS Proposals. submitted in response to this RFP will be evaluated in accordance with the following factors with a maximum total score of 100 points. Criteria Points Experience of. Staff 50 a. In evaluating the application of human factors principles in complex man / machine systems assoc-iated with control design, operator training and selection, and emergency procedures. (20) b. In evaluating the actual performance of operators responding to emergency situations using human factors principles. (20) c. With familiarity in nuclear plant operations, regulatory requirements and standards. (10) Management Approach 30 a. Does the management plan insure proper communica-tions and adequate scheduling to meet program objectives and required coordination with the NRC project manager?. (15) ) b. Has the offeror conmitted key individuals to the project and prioritized responsibilities to ensure sufficient control and timely project performance? (15) Technical Approach 20 a. Does the offeror's approach demonstrate an adequate understanding of the RFP's requirements. i.e., is the approach feasible in terms of,the objective of the project? (20) TOTAL POINTS 100

Page 27 D.3 OTHER FACTORS Also to be considered in the evaluation will be other such factors, without numerical weight, as may be deemed necessary in the best interest of the Commission in making a Contractor selection. These include but are not limited to: (1) proposed cost, (2) ability to 4 meet required schedule, (3) the offeror's willingness to accept NRC contract provisions in principle, (4) the proposers financial status, (5) contractual and organization relationships of the offeror, its employees, or expected subcontractors on this contract, with industry etc.) and suppliers thereof (permittees, or applicants (e.g., utilities, associations, NRC licensees, e.g., architect engineers and reactor manufacturers, etc.) which might give rise to an apparent or actual conflict of interest in the event of a contract award to an offeror, and (6) such other factors as may be deemed to be necessary in the best interest of the Commission in making a Contractor selection. Part II - The Schedule Section E - Supplies / Services and Prices E-1 Services The Contractor shall provide the necessary qualified personnel, materials and services, not specifically identified as government furnished, to perform a Human Factors Evaluation of Control Room Design and Operator Performance at TMI-2 as required under Section F below. E-2 Estimated Cost, Fixed Fee and Obligation (to be completed at time of award) a. It is estimated that the t3tal cost to the Government for full performance of this contract will be $ of which the sum $ represents the estimated reimbursable costs, and of which the sum of $ represents the fixed fee. b. There shall be no adjustment in the amount of the Contractor's fixed fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual cost performance of that work. c. The amount presently obligated by the Government with respect to this contract is $ Section F - Description / Specifications F-1

Background

Following the accident at Three Mile Island Unit No. 2, the Commission l established a Special Inquiry to assure that the NRC will have the fullest possible understanding of the events at Three Mile Island. The purpose of j that evaluation is to take whatever furthe.r steps may be necessary to prevent any similar accident in the future. A major area of investigation t,y the i Special Inquiry is the response of the operating personnel to the events. i Specifically, the Inquiry must determine to what extent the control room design, operator training and selection, operator performance, and other factors, significantly influenced the sequence of events. The work scope l described below is essential to the completion of this objective. j

Page 28 F.2 Objectives A. Task A - Identify the factors which influenced the human engineering design aspects of the CR. B. Task B - Describe the operator activity taking place in the early phases of the accident. Based on the actual operator / performance and an understanding of the control room functional design, develop an underderstanding of the control room design factors which significantly influenced the outcome of the accident. C. Task C - Where significant actions / inactions by CR operators are found to result primarily from operator performance, as opposed to CR design, determine whether the problem is a result of the operator training received, the inherent capabilities of the operators, procedures or other factors. D. Task D - Evaluate the application of human factors principles to Three Mile Island Unit 2 control room design as reflected in the control room system characteristics and emergency procedures. Compare the application of these principles at TMI-2 with the approach to the design of comparable complex systems F.3 Statement of Work Task A - Control Room Design at TMI-2 The Contractor shall: 1. Identify the criteria which directly influenced the CR design as specified by the NRC and standard organizations, a. Review Title 10 of the Code of Federal Regulations, NRC Regulatory Guides and Standard Review Plans as provided by the NRC which dictated the design of the control room and point out those criteria which require the application of human engineering principals to such designs. i b. Identify relevant standards and recommended practices published l by organizations other than NRC which deal with nuclear power plant control room design. c. Identify which of the criteria identified in 1.b. were utilized in the design of the TMI-2 control room. 2. Identify the actual design basis and operating logic which led to the l as-built design of the control room. Review the design studies and analyses of Metropolitan Edison Co. and i~ts associates as provided by the NRC leading to as-built design of the control room and de'.er-mine what human engineering principles were applied 3. Determine if the CR was designed in accordance with the design basis and criteria identified in 1 and 2 above. Review control room contractual documents, Final Safety Analyses a. Report, Construction specifications and as-built drawing as pro-vided by the NRC to determine the hu; nan factors. aspects of the con-tro; room design.

Page 29 ~ b. Visit Three Mile Island site for familiarization and to complete accurate description of the control room in its pre-accident con-figuration. In conjunction with the NRC Special Inquiry contract project manager c* ("NRC project manager") compare the human factors aspects of the actual design of the control room (as determined under 3 a and b above) with the criteria and bases that led to the design (as determined under 1 and 2 above). d. In conjunction with the NRC project manager, and using the results of 3.c., identify those implicit philosophical or broad based design concepts which had a significant impact on the human factors design of the control room (i.e. single failure concept). Determine if the quantity and prominance of information presented e. in the control room are consistent with the design bases and criteria. 4. Compare the design process for TMI-2 CR with that used in other nuclear plant control rooms of the same vintage, In conjunction with the NRC contract manager, identify a limited a. number of plants (at least 2) of the same generation as TMI-2. .b. Obtain reconnaissance level-information.(documents and discussions) - on-human factors criteria and design bases used. ~ ~ c. Visit the control rooms identified above, and assess the degree to which these designs were lonstructed in accordance with their respec-tive criteria. NRC will assist contractor in obtaining access to such control rooms.

d. On a broad basis and in conjunction with the NRC contract manager, compare the process that resulted in the application of human engineering principles to the design of the control room of TMI-2 with that of the plants identified in 4.a above.

Ask B - Control Room Activity The Contractor shall: 1. Construct a full scale mock-up of the TMI-2 control room panels utilizing photographs for the panels identified in the table below. The mock-up must be transportable in sections. Drawings of the panels will be provided by NRC in conjunction with Task A.3.b. Visit the TMI-2 CR to provide familiarity with the actual CR layout. 2. prepare a timeline diagram of the control room activities during the first-150 minutes of the accident, Using event chronologies and operator interview provided by NRC, define a. operator activities. b. NRC will identify the critical timeline actions / inactions within the control room which significantly influenced the outcome of the accident. 3. Videa tape an enactment of the timeline sequence of events for use in the analysis of operator performance. 4. Based on the emergency procedures and other formal guidance available to the operators, develop an idealized timeline. s

Page 30 In conjunction with the NRC project manager, identify the control room design 5. Emphasis factors which influenced critical actions / inactions (2.b. above). should be placed on the most significant human engineering issues. Table of Control Room Panels to be Modeled Control Room Desk - CONS-1 Computer Console - C0f15-2 Aux. Systems Control Console - C0f15-3 Plant Control Console - CONS-4 Turbine Control Console - CONS-5' Electric Control Consoles - CONS-6A, 68, 6C Fire Detection Panel - PflL-7 Coolant Systems Monitoring Panel - PNL-8 Reactor Coolant Drain Tank Panel - PNL-8A Push Pull Control Panel - PNL-9 Plant Equipment Temp. Recording Panel - PNL-10 Radiation Monitoring Panel - PNL-12 SFAS Panel - Pt1L-13 Control Rod Drive Panel - PNL-14 Containment Isolation Panel - PNL-15 Turbine Supervisory Panel - PNL-16 Turbine Auxiliary Monitoring Panel - PNL-17.. Station Ele'ctric Aux. Monitoring. Panel .PNL.-18.._ s Vital Power Panel - PNL-19 Nuclear Instrumeatation - CAB-20, 21 HVAC Panel - PNL-25 Dissel Generator No. 1 & 2 Panels - PNL-26, 29 Computer Programers Console - CAB-188A Task C - Operator Performance The Contractor shall: 1. Determine the adequacy of the training program to assure the operators capability to diagnose problems and take appropriate actions during normal and emergency conditions. a. NRC will provide documents describing operator training program, TMI-2 cmergency operating procedures and will make available NRC operator licensing personnel to describe the regulatory program. b. In conjunction with the NRC project manager, determine if the operator training was adequate in particular with respect to the significant actions / inactions taken by the operators on the TMI-2 accident. 2. Identify the basis for each significant action / inaction resulting from operator performance that cannot be attributed to inadequate training. Where additional interviews with operators are required, this will be arranged through the NRC project manager. Types of results that might be obtained include: mismatched operator aptitude, poorly defined lines of authority or task assignments within the CR, etc. 3. Evaluate the adequacy of the transfer of information between shifts, and between operators and maintenance personnel at TMI. Review HRC and Met Ed requirements for information transfer and the implementation of these require-ments at TMI-2. Compare the information transfer procedures of TMI-2 with those used in the plants identified in Task A.4.a. above. i

a s Page 31 Task D - Application of Human Factors Principles to Control Room Design s The Contractor shall: I Identify the systems components and procedures in the control room which played 1. a critical role during the first 150 minutes of the accident. NRC will identify the critical timeline actions / inactions (critical points) t within the control room which significantly influenced the outcome of the a. accident (B.2.b.) and provide applicable emergency procedures (C.1.a). For each critical point, identify the systems, components and procedures b. in the control room which did or should have played a role in the decision process. NRC will provide documentation of the chronology of events and existing i operator interviews as necessary. Requirements for additional interviews c. i . will be coordinated through, the NRC contract manager. For each critical system, c mponent and procedures identified in 1 above, ~ 2. identify the relevant human factors considerations. This will include the factors in the relevant Human Factors engineering standards. 4 Determine the degree of compliance of the critical system and component oesigns and procedures to the applicable human factors principles (standards). 3. Where areas of non-compliance are identified in 3 above, in conjunction with 4. the NRC project manager, determine the impact on operator performance at j critical points. 5. Utilizing the information obtained in Task A and B and in 1-4 above, and in conjunction with the NRC project manager, evaluate the' inte-gration of the control room design with the reactor system design in the context of human factor program development. This should include the utilization of task analyses of: the role of the CR operator; generating CR staff selection and training requirer.ents; development and. testing of operational procedures (including energency actions); ~ and the effectiveness of Licensee Event Reports (L?.Rs) feedback. l 6. Identify the approach taken by other agencies and organizations in the design of comparable complex man / machine systems with respect to the application of human factor principles and one example of advanced CR-design concept being offered by a U.S. nuclear plant supplier. The . agencies and organizations investigated should include comparable industries (chemical, etc.), the armed services and NASA. The procedural and decision-making process employed by each. elected organization will be compared to the process utilized in the design of THI-2. Significant variations should be identified and their impact 4 on the performance of the operation estimated in conjunction with the - - ii i NRC managers. Y r

Page 32 s F.4 Delivet ables

1. For all task: A-D a.

Letter status reports every 2 weeks. b. Preliminary final letter report of all findings by September 28, 1979. c. f1RC will provide comments by October 3,1979, and Final Letter Report of all findings incorporating fiRC comments shall be provided to fiRC by October 10, 1979. 2. Contractor may be required to deliver the CR n:ock-up to the Washington, D.C. metropolitan area before the termination of the contract. If the mock-up is not requested by the fiRC by contract termination, the contractor may dispose of the mock-up (for cost proposal purposes, assume that the CR mock-up will have to be delivered to fiRC, Washington, D.C.).

3. The contractor sh511 be available to brief f1RC Commissioners and othe'r

~ groups (not to exceed 10 briefings or hearings) regarding their work and findings on an as needed basis.

4. Except as specifically authorized by this contract, or as othenvise approved by the Contracting Officer, records or other information, documents and material furnishing by the Commission to the Contractor in the performance of this contract shall be used only in connection with the work performed under this contract.

The Contractor shall, upon completion or termination of.this contract, transmit to the-Commission all records.or other information, documents and ma~terial, and'any copies thereof, fu'rni'shed'by the' Commission to the Contractor or data developed by the Contractor in the performance of this contract. SECTI0fl G - Packaging and Marking, All materials to be delivered hereunder 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 safe delivery at destination. SECTION H - Deliveries or Performance 9 H.1 Period of Performance i The period of performance for the work required hereunder shall j commence as of the effective date of the contract and shall expire i on December 31, 1979. H.2 Place of Delivery i The deliverable 5 required hereunder shall be delivered to the C0AR l at the following address: i l

Page 33 TMI Special Investigation Group 6935 Arlington Road Bethesda, MD 20014 SECTION I - Inspection and Acceptance I.1 Inspection and acceptance of the deliverables required hereunder shall be accomplished by the Contracting Officer or his Authorized Representative. SECTION J - Special Provisions J.1 Technical Direction and Authorized Representative The Contracting Officer may designate an authorized representative under this contract for the purpose of assuring that the services required under the contract are ordered and delivered in accordance therewith. Any technical instructions issued shall be signed by the authorized representative of the NRC. As used herein, technical instructions are instructions to the Contractor which provide details, suggest possible lines of inquiry, or otherwise complete the general scope of work as set forth within, and shall not constitute new assignments of work or changes of such a nature as to justify an adjustment in fixed fee, cost or performance schedule. Such representative as may be appointed will be specifically designated in writing to the Contractor from the Contracting Officer, including the extent of such designee's authority. For purposes of this centract, the designated C0AR will also be the NRC project manager described in Section F. J.2 Government Furnished Material The NRC will provide the Contractor with the following materials upon execution of the contract. Task A 1. Title 10 of CFR 2. NRC Regulatory Guides (Division 1) 3. NRC Standard Review 4. Three Mile Island (TMI) - Preliminary and Final Safety Analysis Reports 5. TMI-2 Construction Permit and Operating License Safety Evaluation Reports and Supplements Task B 1. Drawings of TMI-2 control room panels and' layout 2. Event chronologies and operator interviews Task C 1. NRC document describing requirements for operator training and TMI-2 emergency operating procedures

e Page 34 The NRC will provide the materials set forth below by August 6,1979. Task A 1. Metropolitan Edison Company and Associa1.es (liet Ed contractual documents 2. Met Ed special study reports relating to control room (CR) and human factors considerations 3. Met Ed CR and human factors design analyses Task B 1. Med Ed documents describing the operator training program, the training received by the operators on shift at the time of the accident, operator selection criteria and qualification records of operators on shift at time of accident. 2. Identification of the critical points of action / inaction in the event chronology which contributed significantly to the course of the accident. J.3 Key Personnel Pursuant to Clause No. 40 - Key Personnel, the following individuals are considered to be essential to the successful performance of the work hereunder and shall not be replaced without the prior approval of the Contracting Officer. In such event, the Contractor agrees to substitute persons possessing substantially equal abilities and qualifications to the Contracting Officer. (To be completed at time of award) J.4 NRC Assistance All contact with the NRC stcff and Metropolitan Edison Company and its associates and other NRC licen>ees will be coordinated through the NRC project manager. The contractor shall notify the NRC project manager of information needed from Met Ed and the need for additional interviews. These will be obtained by the NRC project manager. The NRC project manager will monitor the work of the contractor and will provlde guidance in the critical evaluations as indicated in the scope of work. This will require frequent visits between the NRC project manager and the contractor.

Page 35 J.5 Privacy Act Considerations ,1. Notification This procurement action does require the Contractor to operate a system of records on individuals to accomplish an agency function in accordance with the Privacy Act of 1974, Public Law 93-579, December 31,1974 (5 U.S.C. 552a) and applicable agency regulation. Violation of the act may involve the imposition of criminal penalties. Specifically, the Contractor may be required to maintain records of interviews and data regarding training, job performance and other relevant personal information. This information will be maintained for reporting requirements only during the life of the contract and it shall be returned to the NRC upon completion of the contract. 2. The Act Privacy Act (a) The Contractor agrees: (1) To comply with the Privacy Act of 1974 and the rules and regulations issued pursuant to the Act in the design, development, or operation of any system of records on individuals in order to accomplish an agency function when the contract specifically identifies (i) the system or systems of records and (ii) the work to be performed by the contractor in terms of any one or combination of the following: (A) design, (B) development, or (C) operation; (2) to include the solicitation notification contained in this contract in every solicitation and resulting sub-contract and in every subcontract awarded without a solicitation when the statement of work in the proposed subcontract requires the design, development, or operation of a system of records on individuals to accomplish an agency function; and (3) to include this clause, including this paragraph (3), in all subcontracts awarded pursuant to this contract which require the design, development,or operation of such a J system of records. (b) In the event of violations of the Act, a civii action may be brought against the agency involved where the violation concerns the design, .., development, or operation of a system of records on individuals

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-p; = i 1

Page 36 to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency where the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act when the contract is for the operation of a system of records on individuals to accomplish an agency function, the contractor and any employee of the contractor is considered to be an employee of the agency. (c) The terms used in this clause have the following meanings: (1) " Operation of a system of records" means performance of any of the activities associated with maintaining the system of records including the collection, use, and dissemination of records. (2) " Record" means any item, collection, or grouping of informa-tion about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the indi-vidual, such as a finger or voice print or a photograph. (3) " System of records" on individuals means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. a -... -+... 9 W unaw gp e w ,w, pww hNoh+ m 6N=uWBeium ' 6 t w

Page 37 SECTION K - Contract Administration Data BILLING INSTRUCTIONS FOR NRC COST-TYPE CONTRACTS Gene ral_. The contractor shall ' submit vouchers for cost-reimbursement in the manner and form {t deferibed herein and as illustrated in the sample voucher. ~ ~ Fom. Claims shalT 6e submitted on the payee's letterhead, invoice or on the Government Standard Form 1034, "Public Voucher for Purchases and Services Other Than Pe'rs'6nal," and " Standard Fom 1035, Public Voucher for Purchases Other ThansPgrsonal - Continuation Sheet." These forms are available from the G6vernment Printing Office, 710 North Capitol Street, Washington, DC 20801. Number of Cooies. An original and six copies should be mailed to the NRC offices identified below. Frecuency. The contractor shal-1 submit' claims for reimbursement once each month unless othenvise authorized by the Contracting Officer.' Billing of Costs After Exoiration of Contract. If cost-reimbursements are incurred during the contract period and claimed after the contract has expired, the period during which these costs were incurred must be cited. Cu rrency. Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records; payments will be made in that currency. 'However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract. Superhession. These instructions supersede all previous billing instructions. Preparation and Itemization of the Voucher. The contractor shall furnish the information set forth in the explanatory notes below. These notes are keyed to the entries on the sample voucher. (a) Payee's Name and Address. (i) Address the original voucher (with 4 ) copies) to: U.S. Nuclear Regulatory Commission, Division of. Accounting, Office of the Controller, ATTN: GOV /COM Accounts Section, Washington, DC 20555. (ii) Address 2 copies to: U.S. Nuclear Regulatory Commission, ATTN: E.L. Halman, Director, Divison of Contracts, Washington, DC 20555. (iii) The original copy of the voucher should indicate that (2) copies have been fonvarded to the Contracting Officer. (b) Voucher Number. insert the appropriate serial numb,er of the voucher. a

n Page 38 ~ (c) Date cf Voucher _. Insert the date the voucher is prepared. (d) Contract Number and Date'. Insert the contract number and the date of the contract. (e) Payee's Name and Address. Show the name of the contractor as it appears in the contract and its correct address; except when an approved assignment has been made by the contractor, or a different payee has been designated, then insert the name and address of the payee. (f) Contract Amount. Ins'ert the total estimated cost of the contract, exclusive of fixed-fee. For incrementally funded contracts enter the amount currently obligated and available for payment. ~ (g) Fixed Fee. Insert total fixed-fee (where applicable). (h) Billina Period. Insert the beginning and ending dates (day, month, and year) of the period in which costs were incurred and for which reimbursement is claimed. (i) Direct Costs. Insert the major cost elements (i)(1) Direct Labor. This consists of salaries and wages paid (or accrued) for direct performance of the contract. (i)(2) Frince Benefits. This represents fringe benefits applicable to direct labor and billed as a direct cost. Fringe benefits included in direct costs should not be identified here. (i)(3) Capitalized Nonexcendable Ecuipment. For educational institutions list each item costing 51,000..or more; for contractors other than educational institutions list each item' costing $200. or more and having a life expectancy of more than one year. List only those items of equipment for which reimbursement is requested. A reference shall be made to the following (as applicable): (1) the item number for the. specific piece of equipment listed in the Property Schedule; (2) the Contracting Officer's Approval Letter, if the equipment is not. covered by the Property Schedule; or (3) be preceded by an as'terisk (*) if the equipment is below the approval level. Further itemization of v.ouchers shall only be required for items ) having specific limitations set forth in the contract. (i)(4) Materials, Supplies, and Noncapitalized Equipment. This is consumable materials and supplies and equipment other than that described in (i)(3) above. (i)(5) Premium Pay. This is remuneration in excess of the basic hourly rate. (i)(6) Consultants' Fee. These are fees paid to consultants. (i)(7) Travel. Domestic travel is travel within the United States, its territories, possessions, and Canada;.it should be billed

4 Page 39 ~ separately from foreign travel. (i)(8) Other. List all other direct costs in total unless significant in amount. If significhnt, list cost elements and dollar amount separately, e.g., subcontracts. (j) Indirect Cost ~s--Overhead. Cite the formula (rate and base) in effect during the. time the cost was incurred and for~which reimburse-ment is claimed. ~ (k) Fixed-Fee. If the co'ntract provides for a fixed-fee, it must be claimed as provided for by the contra,ct. Cite the formula or method of computation. (1) Amount Billed for Current Period. Insert the amount billed for the Ehjor cost elements, adjustment, and adjusted amounts for the period. (m) Cumulative amount from Inceotion to Date of this Billing. Insert the cumulative. amounts billed for the major cost elements and adjusted amounts claimed during this contract. (n) Total Amounts Claimed. Insert the total amounts' claimed for the current and cumulative periods. (o) Adjustments. This includes amounts conceded by the contractor, outstanding suspensions, and. disapprovals subject to appeal. (p) Grand Totals. O l + i I s

Page 40 SECTION L - General Provisions L.1 General Provisions i This contract is subject to the provisions of Appendix A, General Provisions, Cost-Type Contract With Concerns Other Than Educational Institutions, dated February 15, 1973, which is attached hereto and by this reference made a part hereof. L.2 Alterations In addition to those general provisions set forth in Appendix A hereto which are by their terms self-deleting, the following deletions and/or modifications to Appendix A are as follows: 1. Clause 3 entitled " Limitation of Funds" is deleted in its entirety. 2. Clause 53 entitled " Private Use of Information and Data" is deleted.in its entirety, and the following is substituted in lieu thereof: " CLAUSE 53 - PRIVATE USE AND PP,0TECTION 0F UNCLASSIFIED GOVERNMEN_TT INFORMATION A. Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, records or other information, documents and material furnished by the Commission to the contractor in the performance of this contract, or information developed by the Contractor in the course of the work hereunder, shall be used only in connection with the work performed under this contract. The Contractor shall, upon completion or termination of this contract, transmit to the Commission all records or other information, documents and material, and any copies thereof, furnished by the Commission to the Contractor or developed by the Contractor in the performance of this contract. B. The Contractor shall be responsible for safeguarding from 3 unauthorized disclosure any information or other documents d and material exempt from public disclosure by the Commission's regulations and made available to the Contractor in connection l with the performance of work under this contract. The Contractor l agrees to conform to all regulations, requirements, and directions of the Commission with respect to such material, l l C. The Contractor's duties under this clause shall not be construed to limit or affect in any way the Contractor's obligation to conform to all security regulations and requirements of the Commission pertaining 13 classified information and material." 9 The Clause entitled, " Service Contract Act of 1965," as amended, attached hereto and forming a part hereof, is added as Clause No. 62. w

c y Page 41 PART IV - LIST OF DOCUMENTS AND ATTACHMENTS SECTION M - List of Documents, Exhibits, and other Attachments This solicitation contains the following attachments: M.1 General Provisions M.2 Nuclear Regulatory Commission 41 CFR Part 20, Contractor Organizational Conflicts of Interest M.3 Option Form 60, Contract Pricing Proposal i t t l t [ 1

..).* I o.n a 1 ~:. s[ 'onday. Aent ::. tm / state..ad nec aluns j ~ yederst zepet.e / vol 44. Na 3979. Contain an edr prion pro sion elldves will make little if any pr 0Uudj. = ca ru.trNts sopiarien cC4rACf; c.. rer ce. the a:nend= cats 4..nos:rgif which reads: 'i:LmQt'..rd. Frnaent CuiJulines y C Ries (P.H.55:1. Ennrarunental t! pen satisfac:nry 4. onstnnen y the ,tod

• wn! Jcoly only to NPOEs nr;;:::s dbdarpe. any oserI:u. ::= ease in volume issuet n f;n:a for= May 119. 7.

Tro. c::os A;.ncy. 43131 Servet. Sa*4 of i dischar-e. cr aschar:e fror *3 by; ass ca:ew.t.

.tgri.

Was. m* en. o.C. ; aeC-sysiera, resuite; from a to 3 e:8: nour oc tw,; u MrAny mPontAT1o*C On !arget pncpuauos pent'or fd:t a cow l a,:m StJpet L. 37s. DA proposed . ment of equnalent voice. ic~ts fac:Unes Cctober :s : if e:4Jr.434.: nd 4 4.42 penseel regulationkdding Part 434 to TIlle 40 of. designed. constructed at:d Eaintained tocontain or trent the valm=tof water uch 40 CTR 43 4.:, '. 434.3-' ] and ~ 1 I j

• the Code ci yderal Regulaticas (40 FR would result face a to It hour 434,4;;g),7,,,gg,,,,; d,to read s's subsequent aieg;ulations, with 45330J. Ucsev

nc;nanon nest. sh ot be subject ta the gg

) d=ents. established Hatations ses fonMs. ansnph(aps eC!uent !' nitatloag guidelines based an i u use of the best praqicable ecstrol Upon satisfactor-- e;ganstra:ica by the discharger, an

w. != cress' in volu::e of a df.sch4[dver:

techncdegy cuznnti$ available (SFT) for Finally, the fica surface r. =, =, g i ex: sting sources in afkcoal t= ntas point regulaticas. signq3 by the Secretary of

e. or charge fr==s source category.Thesqvare followed.

Interior on.\\tarch 3.1373 and cresting :0 a bypass systens/res;ultin5 rep a 10 f or Aprti:5.:377,with ! 3FT ef!Iuent CFR Chapter VO. state la their relevant

3. ear /28 hour oMer predpqon l

IImitataons guidelines to category portions: 8 evens or frcr:d[show melt of eq ' valent (al A dischaissTrora the disturbed anss is volur ~ *f-i--r* sci"~d -s desi ned. s-(4:FR :1:so). not suhiset t.ithe Cuent CO:::cs:s ci th 1 c nn. :c:c. san., A On e.eptemoer12.1577.. 4 stoc7

f gM"' dis is liemenscrated by the or treat th/ volume of waterwhich published;roposed standardof j

pericr=ance for new sources ( discharg n resufred frors a would radIt frors a 10 year /:8 hour within this category based on pacipitados event equal to or larger than a precipi Cion event. shat! not he subiect f ?l appIIcation of the best available ?, to. eaefs. hour;na:ntanon evenc and to the IAnitations set forth in paragraph 4 demonstrated c=ntrol tech =oicgy (( FR (2) Wdischarge is hum (acutaes designed. g,g, ;,,,, g,,, l cc"**8c:'d *nd =2ialained la acesrdance 6 4693:1.These standards of pericrmance e @ecents oms Part. N were promulgated in Enal form on - m k early, there are difarences la the

• Norl ding of the three prodstons. and yet j

January 12.19r9. 44 FR 2556.

• * ~ On * -t fa both existi=g source rep!ations and =ew source pericrmance standards
• En erTect the provisions are quite sirnilar.

t j there is an exemption provided for * ' Nevenhaless. In order to make DA's W R BMWM estastrophic predpitation events that SFT regniations identical to the new C M SS M ~ t ) overwheim properly designed and ,'sgurce performance standards in this '~ j maintained treatment familties. The sqpect..and to make both DA 4 CFR Part 23 i need for such an esemption provisic=ns regladocs censistent with the Surface i esplaised in the preamble to the lird Stings Regulations. DA today is Centractor Crganizational Conf!! cts of j existing source regulations. 4:FR 31-corder:m=g the EFT regulations to the Interest

(Aprd 25.1977).

new slurce perior=ance standards. De ne a;propriateness of DA'sd ASencFgad announced In the January accecn Nuc!:ar Rep! story c:tsstrophic precipitation provtdon is 12 prear-le that intention to ra:Le SFT Com=:issica. one of the issues before the Urlted and new e stacdsids identicsf with 3c7 c,e,inal Rule. c States C :;rt of Appeals for tjf Fourth respect to estsstmphic precipitation Creuit in chaltenges to the existing exemption. FR :5:8. sumuan This rep!stion establishes source EPT rep!sticas. Q$o//dation In de or:pgl BFT replations DA policies and procedures for the Nu:! ear Ceul Q-et c!. v. Certir, etc. No.. s- -Intended dat die burden of Repistory Csomissica (NRC; with 11M etc. De q.cstfun od:ow a demonstrsting ' t de exemption is respect to the avoidance of contractor es*3 strr; hic,rtrei; ::.: a event justified is on th Ischarper. Dat is orpnirstio rs! coni!Icts ofinterest.De - .esr: : siun snou!N u[orded a**o has now made expli sad is consistent rep!ation is intended to avoid. 1.een twfure the Cepdment ofIn:rrior with the Surface hhi::g Act repiations, eIIminate. or neutraII:s contractual in its :.-!c:: Aing invC! ring Ocre is an additic=al change. As a relationships which =ight !ead NRC c::virunmental st shrds for surface result of the ac:escL --ts announced oiTerors and c=ntrseters to give addce

sines under the Grf:.ca Athing Cantrol today. BPT regulat:otkviE-- like the and assistance that is not unbiased.

i=partlaf. obiective and tech irsi.!y and Rec!arsstic *'Act of 1977. Pub. L 25-other two-4!e the exer;g;tfon to demonstration that an ae ual sound. Additionally.it seeks to a7.

• liminate the opportur:ities fcr an unfair De esem on in the BPT rep!:tions catastrophie. event occu.Dd rather than e

promulgateENn Aprst :5.1977;rovidest simply Bat the properir ckiped and competitive advantage that =f;ht ac:::e Any tntnv$ os erttowl increase in volume maictsined containment fae ity to an NRC contrsetor. Q of a poins sdrce discharge. or discharge frota esperienced an overifow or gass. Emc7nre cArc Sfay 3.1979. e (The Agency be* eves that in qctic's a by-pass Este:n frc::: faatitles designed. u roa min lucmAm cMact -i cons:ruc /!. and =sistained to contaus or there would'hrve been no difTe cein Edwstd L Halman. Cirector. Divisios cf tnat the 2:schartes frors the fac:litics and application of the exemption pr

• ions Contracts. O!?Ica of Adminis:::tio._ I.*.S.

a.ess cdered by this subpart v.hich would in that regard.) N.aclear Replatory C =t:.iss:en. resul ocs a tM e er nhout pnapitation In an effort to avoid disturbir:3 i Washingten. D.C. 2533. ! 02) 41 -.t4M. "e, sha(IF.ot he schiect to the !;munions NNg3 per nits dat hsn un sw n s se7arth is parssrsph (a) cI&s secnon. based on the 3FT rep,aations and stanserm inrearam:N: Sect!:n t ran,d2rds promuigsted on Janusry 11* pessibly csusing confusion i.nd lit!;stion 7 of Pub. L 95-::3. the NRC e ::ew source performance a over a change in isnpage that EPA authori:stion Act for fiscsl acar :33. 'T D Y]O d a Y".i :..:.5A1 .=2 M.1.2 ,.,., 3,, ( --- - )

. reeera3 K'548"' I V8L *** N8- { S'*"d*F. Asnt t.15rg / Itmiee and Resulations( ,19173 -s - p required the NRClo pro =u!gste e to avoid the coh,,A g _ ' ; for~L ;he used in a foUow-oo ce=petitive ~ .uide!!:es regardice crgaru:ational '- waiver of the poucy is provided under,

• precuter:ent of producs or servi:es conTJets ofInterest. Tne Ca:!erence sorrowly dear.ed circ== stances when c: vend by such spec:T. stions nis C::.:=ttee stated != lts report (H2. Rece + the work cannet be perict:nad other 4

g; rs31 dat de NRC guide! ices could be _ them by a contractorinvolved la e ~ 7 c:ntract clause new proddes that such contrac:sr is larugible L oca I c.; !ed en these previously adopted by ;'contracs requinng the contracter to conflict A clause wiU be ac!uded in par'ucipat=2 or ;erfor==g the Erst or C: ; tss for the Federal T.nergy t L.itial c=ntnet effort based on se

j Ad;=

::stramos (FIA) and the E.:e.gy*

refrain hoca other work, which =ay give specuicaricus in questics rather dan l : Research and Development rise to a concet and giving the NRC the nstricting the esetractor per=asest!y as Ad =iniscatics [ERDA).

ower to ter=imate the contraet if a.

the ru!e had originally been drafted. Os January :4.1978. the NRC. cen!!!ct is dhcovered after award.

2. A co== enter suggested NRC -

t published is de Teden1 Re;: ster (43 FR !s response to the es==ents on the through it.:; oposed rerdation. should 2=.s);roposed replations on the proposed rule, several substantivi and distinguish spes of es= tract perfer=ess avoida:ce of cas: racer or;acizational edi.orial chaeges have been =ade to the as well as types of ecstract aceuties. J co=mes afinterest.ne propcsed r=le. ne most sig=Ecant ec==ents and SpecfScauy it is pointed out that de i regu!acons incorporated the substance the responses are su==2rized below. nar:re and diversincad:s of de weric e of 1s FEA and ERDA statutes c===esded to NRC by Corgress. -'""**'T ~'**d**'P***** perfer=ed by an bde;utadent Contraet=g Research Crgar:f=atiqn i hterested persons were Isvited to.

1. nne es== enters requested (ICC) seeds to be evaluated ace:rd!.:q,

rubr::it

---

ts en the ;repcsed-c!ar:Scation of the tt=e period over to e different set of c.Ekt of hte.est i

r i 9 resJ-ations usel Febr:ary :11373. !a which a c::Cet ofIsterest =ight be standere's than a... --d8----- Nove=her.1973 P:b. t. J.ern add-d < c n:!dsr-8?1 - ".~~ ~ r y . a.:1 -.' a.. : y..

::..uus..n w..a.oa. :a e i: -~

~--~'*"~n l , n., :.:... ; c:.:: ::a c..;:. r...a 40:6cr : es(:7=adac x::t==...n; the e.:== e::cr heileves tha: t:s worx ci -. 1 ac:=rdasca with 3 tLS.C. 331De after which existf 3 co=Ects ofi=tenst as 100 would !:se its I:depesce=== !a:;: age of Section 170A is would he waived. and objec:ivity by the restrictions substastiacy idenecal to cat of de Res; case Whetherprior wade

! aced on it by da preposed NRC ERDA a=d FA statures upes which the pe

fsr=ed by as offerer gives rise to a regulation.

..-w c NRC ; reposed rule was based.No conEct of htanst is a question which Response Sete is :sthi=g !=herect lii ii substantive changes in the proposed rule =ust he dealt with is the context of Se the nature of!CO's which would .H are required because of the enac=:ent facts of each case.If. forisstanca the

nvest emndets of 6terest Sc= arising.

e of Sect:en 173A.SI== the public has cente= plated NRC effort isvolves the While ICC's do :ot --d= a proft as .' d .'* ready been affordedcetics of and the evaluatfoc of a produc supplied to such. Sey sett! decend upon gover==est ? .n o;;orra:ity for c===ent upon the !=dus try by 4:' oi'arer the offa:or ws!! he and I=dustry for deir business and 1 ps-> posed -da. the Co==Ission for good faeHgshfe for the contract regsidIess of ec=pete with other E:=s for dis i N csuse finds that additional:otice and the langth of t!=a benveen the business. The NRC recopi:ss that i j' un=ecessary. Accordi=siy, the TcIIowbg the award of the NRC contract. Is other against a fir = yield 6g to a =ot ye for pubHe procedures thereon is h::ushi:3 of the product to industry and en!!shte=ed self-Interest =ay =iHtate rr;ulations are adopted is E=al for= cases, a te=porary exclusion f.-o= bias but c:=not ;er=it de ex!stenes of

ur

uant to the authonry of Section centracti=; =ay suiHee. For example, a such a esotive,re2ard! ass of the i tepry tr:A of de Ato=ic E:ergy Act of 1954.

c=ntracer who develops spec:5 cations ofits cenesctors. It is hoped &st dis as a= ended. for a ec=centive procurernest =ay be rule wtH ::n=:bute to. rather $as Tis fo!!owing !s a brief su==asy of ex !uded by a c!anse is de contract decrease. de bdece=dence and tori:Jor festures of de r !e.ne rule ho:: c:=;eting fer the first cer=petitive objectivity of NRC es seacrers. sets forth two en=ary tests to be prec=n=ent which ut:!I:ss the 1 Oce c:==a=ter ex;nssed de 2eptied by NRC in its effsst to avoid specircations. Sic:darfy, a con =acter, heHef that the p.oposed re;ulatiens do c:.vractor c:garu:auc=al c =fics of who has ac: ss to data not avanable to not recognize the auten:=cus =sn:.e of interest: (tl '. fight $e centracer. if the puhuc ccacer=ing NRC ;!ans. ICO !aboratories. warded de c = tract be placed Is a policies orprogrs=s which is 6te; al to RespeseIfNRCIs ass =:ed dat

nsitiert where its jud;=ect =ay be h

ure c=ct;ective procure =ects may be aiHHates operate bdependent!p dat hiesed and (:) htight the co==ac:ce pe:=itted to c:=pete after the data is techsical c== els do not e=asate E==

3 recene an u fair es=pective advantage =ade ;cbHe. In a=y case the oc:urre::ce a ec==on hiera:=hp that legai!y each

b. sed on de perfor.ases of de cf certain events.rsther than Se =ere sEI!iate is autoco=ous. Ses ICO 7.

co::act Solicitatfo:s fer certain passage of t!.:=e. =ay recove a afGHates ws!! he t:eated bdependent of cc eacts wd1 require offerers to centracer frc:: a c:niHet ofInterest one anotherfo e==ilut ofInterest rr; resent wheder de award of a situation. Fsch Jud;=ent will he esade .pur;=ses.!fNRC'a analysis revesis 6at ca: Tac wculd Involve fac ual os as ad ho: basis using de citeria set therr is not autono=y between aIEHates ut:stices of de tge set forth is the rule farth is 1:0-tSc:(a). Whers or es=ponents of a parent es=pany. = wh:ch c:ay lead to ceniHets ofinterest, apprope! ate. ledindual c!auses can be then the cc:t.Ci:* of!nterest rules woe.!d r p tf so an of'eror = rest sub=it !afor=ation negotiated to deal with the proble=s be appUcable sdth respe=: to the

• ~

re;arding its relatlanships so that the presented by a particular set of

• rela ticeship between the ICO and its L

'#~22ctial ciUcer =ay decide upon ao cir=u=sra:ces as prcWded Is I ::>. affinates. ap;;spriate c urse of ac!!ce.If the ISCS-:(A),

4. A co==entor suggested that eravsetf:I ciUcer deter =ines that a b additior. as a result of de abcre

~adherecca to de Representstien C#[c! ofinte. rest exists. the centracting dis.:ussiort. Section 23-IS05-Z(b)(2) is State =e:t propos ed by CF;P !s far !ess. . N. ' de clau.disenalWy the el!ssee,or W' ar =ay ,redsed to te= orarily bar the c stractor cu=be so=e and =cra =anageah!a thsa ses la the contraist designed 3. who ; epa es ;specfcaticas which wdl the analcgotts } 00-1SM(b)is de h~stC 3 i

i .,...) \\ Federal Revister / Vol 64. No(r.. l Mandsv. Aen3. tW ( f '. tetee ~l 4:l* progesed rer:!ation because it a!!ows esperience gsiaed whi!e perf=rmine a censumin; to other;hases of the se, .I ~ the c:stractor to r=ake its own contract.nis ru'e is not aimed at the project. determination as to possible con!!icts.* c m;etitive advantaste which for de clearintent.on of de reg !ation.tg !atter. R.ther. it is air.ed at unfair Responser NRC believes. in view of Responser!!is NRC's Intention to require offerers to d!sclose nlationships exar:;le rnight a:crue to one centractor it would be manifestly inap;rc;nate *s such as those outlined in j :D-1.34C (b) being prwy to infor=stion r.ot ava !a' le pant a class exernation for architee. o rather dan resching their owin . to the public. 2 angir.eer services. De purpose of de regu!ation. as intended by the Caepe c:nclusions regarding the cancict.of S. Two commenteri ree:mtsended b!erest I=plications of those that rince they are already operating and the Commission. was to avoid g reladonships.NRC beIIeves.that it is the cader the Ce; art:.ent of Energy (DOE) preciseiy the type of relatienship the, f. responsibility of the government to c=rulict of fsterest re;uladons any commenter envisioned. nat latestfe:!: 7.. evaluate potential ceni1Ict ofInterest

• additienal reguhtions would be to ;tec!ude a centractor fro = bei=g ::

J-niaticeships.ne situations set forth In supercuous. b the position of evaluating his awa;* 5.~. .~. 103-1.54c:(b}(1) are latended to assist Response Eecause of the protection predaus work as a condit!:n pre edent 'i.

• U the otTerorin cornpleting the a!resdy efforded by DCEreplations.

to the perfor=ance of a related foI!aw. g,- H representation required by Sectics :3 the NRC-DCE hfe=crandum of on eibrt. . gt : ~ isot(b). Understa:tding and SRC HErat:sl;c?. It 11 Cse cem= enter stated dat the 4. -1

5. Cne c:== enter questioned the

• is NRC's !stention =ot to impose desir% " Commission 6 ;romu! gating de

'. !8 3 absence of" development" from the regulations on intera;ency agne=ents

/ttpesed regu!ation has attempted to

• M.

N definition of *nsearch'* in 1 :3-between DCE and NRC. Provisions establish requirements that exceed the.f.L

• d tac:fb).

J directed at avoidhg conUJ:ts ofinterest Stent of P:b. L S"'?. Oscs..h-- L t T Response V.1 Sin $a ;rasent s::pa ci wul *:e inci cad in spee=ents with 1977 di.ec ng

• C;==n m t2

.C r .? Its =ission.NRC does not ig:dartake agencies other than DOE as appropriate. * "pmmu/pte stridelines*(italics M development. De existing deiinitions Section:D-1.34ct(c)'has been added to su;; lied) and recern= ends that NRC 6 ~i ~** and scope of the rule adequately c:ver da!Iceste the se:pe of the rule. adopt de guidelines found In Appe=dh..% the activities of NRC 6 de research

10. Cne ec== enter expressed the C of the Ar=ed Sersices Frecure=ee.t. YJ.'."

• Seld.

view that Covern=ent-Owned Regulaticas (AS;R). a-b ;

5. A cocunestor asked that there be e. Cant.scter-Opera ted (CCCC) faci 1Itf es Response ne Cor= mission's

,S.b-! c!ari!Ication of the ter=ization =ethod siould be exe=pt ham NRCs proposed. rephtions setting forth cchnic of";. $% which would result Eom the ep;!icatica ceni:Ict of fsterest rep!ations. brenst guidelines are c=nsistant mth $*p of dis ;roposed replatf n, the supervision and c=ntrol by a given to it by the Congess. Whife Pubi.m. Respense nere is nothicg inhetent in and notin deregation of the =andate ig43 Response bas =uch as th!s replation wil! St into the hamewcrk of a specfic gover==ent agency ever the conduct

1. 25- 03 d!ncted the Cam =ission to.* p

contract, the contractor's procedural and and actinties of a c=ntractor which ";r==ulgate guidelines." the Conten=ca. % appeal ri; hts thereunder will be covered would prevent coni 1Icts ofinterest hocs Report. H.R. Rep. 95-r7>L speciEcaHy t;4.,'" by the applicahie contract clauss.no arising.However. it shculd be pointed irated dat de C:==issica's guideli=es }.. r=le has been modiSed in i 23-1.5scs. cut that CCCC faci!Ities pernr=ing csuid be ctoceled on those which Q. Ita) to =ake c! ear the right of the NRC work u= der inter 25ency task orders with Congess previously adopted for the M.' .a to ter=inate for default fa those CCE will be pver:ed by the DOE E.A and IRDA. In Pub. L 93-6ct. circu= stances where a centractor's ceni!Ict ofi:terest rules. Congess added Section 17CA to the q; cendisdosure or erroneous IL Cne cc==entar verbally Squired Ate =ic Energy Act ofIS34.Q in.g ce representation a=ounts to bad faith. whetherit was the intent of the lang=sge sit =2hr to that ap;!!:able to ",:g

7. Two co==ar. tors feel that NRC has ;roposed nle to cover NRC's !! censing EA and ERCA. nquiring the sever had a significant situation or precedures for nuclear power plants.

Co==ission to adopt a nie on ceni!* cts q,i relaticaship to which the proposed Res. ense ne c=nflict ofintense rule oibterest. t is the jud;=ent cf Se 7 refe!ation would apply and which has ~ contracters and offer =rs or.ly.. Appendix C wculd not satisfy be

• f. t.; ;

centa=ed in this subpart applies to CcMsion that the guidelbes f.s AST2 g ~ worked to NRCs detriment. Rss; nsene NRCis requind by !aw I dinduals or fir =s who have other require =ents of Sectfon170A cf de th. to for=a:I:s throuzh the rule =aking re!ationships mth NRC(e.g. parties to a Atornie E:ergy Act. C.Y

recedure. its stan'dards regare!ng IIcensi=; proceeding) are not cavered by

14. Two ce==entors believe that t c:ni!icts ofistatest. ne fundamental this rep!ation. nis rule does not apply aimed at requiring efferers to disc!csr.,

references th.cughout de proposed r:5.. their "potentiai" conRicts of hterest an conce;ts found in the rule have always to the accuisition of c:nsultbg services been apolied by the Corr =issioc.In fact, thr: ugh the perso. sel appoint =ent /',.h the NRC has had to resolve process.NRC agne=ents with other too bread and should be fi=ited to q -l crpni:stional conifict ofInterest pver==ent stences.1:ter:ational aveiding "acnal" coni!Icts of!=terest.g ritustions..which otherwise could have crpr.f=stions. er state. !ocal. or foreip only. ~. =aterially and adversely affected NRC gover==ents: sepsrate precedures for Responserne :ule is concerned c.* j bterests. avoidi=3 c:nificts ofI terest will be ult!=ately with a determination as to "h L Ene c==tentors sug;;ested that e=;leyed in such agerments. as whether an act:: /conifict ef!sterest 'tg ? the pro;csed rule wsII war.k to the appropriate. exists. An offerer or contract:r =ay::t t.. N diradvantage of the ce=petitive process

17. Cne c:=rnenter ex;nssed cencern be elirninated f em consideration br

~4 by exc!udSg those cont.acters who that strict applicatica of de NRC awardif a c:ncict ofinterest f;s have gai ed ex;erience by urtue of proposed ngulations w:I! prec!ude relatienship is determined to be re=cta 9,a l prior NRC c:ntracts. arc.titect-engineer fir =s fro:n secu:ing or decreticsL In Section 20-1.3STtth). l Responsenese co=rnentors are additional werk beyond the Initial;hase we state the ultI= ate test is:?.Eght de 'y l equating" unfair

• compe ttive advantage of a partic:lar; reject in which dey

Iaced in e pcsition where its jue,ct.Se t contracter. If swarded the c

ntra mth $a ner=al!nenase in espet-ise were invcived. It is ; inted out tha t this

=s

t ",

br ught abcut by virtue of the restriction will be cest!y :nd ti=e rnay he biased er where it =ay have an 1 O ?",. e ~. 9 em -

r s e "s ,.? ** } e, C C 19177 Tedent Re:istne / Vol 44. No. 54 / Nfonday. Ann!

• 1sr3 / Rufe, and Revulations

3.

caf.it advant.ge? !.!!rwise in Sect:ca suc:essor in interest. Includin; its chief prescngtions or for :ntenticnal

3-ISco, the rep:!stion states dat after esecutive. directors. key persennel acadise!csure o. =isreprese=tstion of evaluaung a!!imore.stion. a contncting (ident: Sed in de contractl. ;roposed any reievant interest requ: red to be

• I ofEcer snust deier=tc.e whether a consultants or subcon:nctors. which is disc *osed concerning this centract. cr f:r

~ i c::Sict ofinterest eust'. ne term a party to a contract with the United such erreneous representstinns as s

otential confict of tsterest* denned in States of Amedca.* *Co sponsor and necessanly imply bad faith, the 1

! ::-tSO:Il) is used throughout the rule. " sue:essors in interest'* have been gover==ent =ay ter=inate the centact - =erely to assist and guide me otTuor added to the dei!=ition of contractor to for default. disqualify the c:ntractor. and the NRC In deir deliberations as to bring these legs] entities within purview fr== subsequent contnetGal eff:rts and. whether sunicient infor=atics is of the rule. censistent mth the c:ntract pursue other re=edies as =ay be available to raaka a ; roper clause densition set forth in ! ::>- per=itted by law or this contract."The deter =ina tion. 1.540 (f). words ";tescriptions assinst . Is additica to chacges brought about (c) Section:D-tac (a)is revised to nondbefosun are grac=atically ~r by c:==ents rec'eived and discussed !=dicate that a determi=ation of unfair Inc=r ect. Additionady, the secnon now abore, additional sta T ce=petitive advantage =ust begin by censolidates the re:: dy;t videdin rec:=:tendatiens account for the - ki 2 the question t=ight an offerer i 23.tS05-1(d){I!ik which is deleted.

e de!etica of I

3-tSo (b)(a).nis the accr:e 1:nclait c =petitive advantage and =akes clear that the remedies are view of NRC dat since its Enc:!ans n-bv virt e af te aw-~'.

,n.--..a..--2-...--.w-..,t.-.a j f a pare.:ar tsc;;stry to oeces.it fr==.a.. os asterest *.:as wrn.

u s q g.4 g,g3,3 3-1SCM) b re@d c

stract even dougs the otTaror or ISO:fj) to c!anfy the process by wmch to r: vide for the use of special c:ntract.

, c:: trac:ce as part cf that ladustry would the NRC scer.s to deal with act:al - Eh% foMu avoidance or -d receive na specialbenefits is re=ote. - condic:s cfI:terest. Se n-hdon of conck.s. as ..as situatica wouad be recte hxcay to (el Add a new subpangraph (c! to at:se in productos or develop = ental I:3-tsot to re!!ect that ce c:=iUc: of apprepnate. In de case og c:ntncts not c =ctorJy associated mth 'isterest r:Is applics to contractors and

• *" *" N#8 85 '" I"' "I' **,$**d. ' '#,',", *'

a wasver =ust Erst he obtaan NRC's =issiori. Also. de word "Sture* otTerers only and does not apply to s l In 123-tSC:(b)(:) (i). (II), and (Illk IndiMduals who have other (I) Revise j.3-ISc5-:lbX ) by, desc-;bing situations or relatienships relationships with NRC (e.T-partf es to e deleting de word "any* after de wor +- r i 1 which =ay give rise to organi:stf ocal Uce: sing proceeding), the acquisition of "In" and before the word "c:strac:ual". I cenHIcts ofInterest is deleted.ns I= pact consulting services through the and insert in fleu th:reof the words "the Initial." As restructured. the centnct was = ore of fer= rather than substance person =e1 appoi=t= ent proc =ss. or clause would bar a contractor fro = l and does not =aterially assist offerers. interagency agree =ents. participating or perior=ing the Isitial c c:ntnetors. (f) Revise 5 03-tsc::(e) to read "For j

15. Two c:==entors feel dat the purpose of this policy contract (nrst) contract e Tort based en his 3

appiication of the rule wdl severely =eans any centract, apreement. or other drafting of the spec!!wiens rsther than i restrie: coci;etition to the point dat arrsn;e=est with the NRC exempt as decishng sucs contractor per=anentiy i new ar=3 or those with minimal proviced in 1 3-1Sct(c).- ineligible to partic:;a.e in all anticipated i experience and ability will be the (g) Section:3-tSc3(b) has been fal!aw.on efforts. l

n= sty sources for NRC c

n:nct woric restruc =ed.ne situati =s and

(=) Secause the ter= "subc:ntrac:or* t to the detr:.:est of NRC's research relationships have bee: subdivided into exc!udes suppiy sube==tnets frs= de ."two estegories.- 'b)(1) and (b)(:. De. ru!e. !an;uage is deleted fr== 1 :3-esis. st category la ai=ed at de disclosure

.5410 as superiluous.

Eer:ense Cs==entors assu=e dat work fer the re;ulated industry ofinfor=ation sb=ut these situations (n) Section :3-IS11 is revised to sute=sticsEy excludes a firra fec= which are essentia:!y within the ;urview reflec: de standsrd required by statuta perfer ning u: der an NRC ::ntract. The of de o:Terer er contrae:cr's k=:wled;e. to be aeplied in the granting of a waiver. NRC does not be!! eve that de drust of ne second este2 cry deals with those 3,c,;y'. $at it is in the best interest of these rules wi!!!=; air indus:ry's situaticas which by their nature are the United States.De third ele =ent

articipatien or otherwise i=pede the already kno,wn to tha NRC and warrant necessary for waiver. that spptc;riate j

c:=;etitive prec ss.!n this c:n=ection. furderinquiry. Also, the proposed 103- ' meas =es ein be e=-layed to neutralize i 3-tSc3(c) is illustrative of me Iso 3(b)(a) dealics with general henefit the centlict. is chan;ed to refer to {

ru!ts one =ight ex;ect 'rs= JudIcfous to the industryis deleted becsuse it fa!!s cennic:s in ;eneral rather San to de acp!!:stics of &!s ru!e to c:strac:ers outside the nature of the Co=r=:ssion s

',,;jc3g3, c,,, wg,,, 33, c ng;=g =,y was perfer= woric for both ce regulated activity. fin Hy. de word. " future'!s tesult In bissed performancz of de Ind:stry and the NRC. deleten fr== 1 :3-1.34C:(b)(:) (1), (ii). ,,g ) fdd an Introdue: cry sentenes to (?) Sectien.*31SI:Is revised to 237 o satee r=ase clear that the rc=edy ;tsvided in (J) ne authority Une is revised to 123-tso:(c) to read "The k!! swing, this seeaors !s. debar =ent. res.ect passate of Pub. L 95-601. e.x = pies are i!!ustrative r..dy and are direcung NRC :o prorr.ulgate a rule on not fate =ded to identify and resolve all Pu.suant to the Ato=ic F.ner;y Act of - c:nC: cts of Interest. Pub. L SS-.501 centrac:or or;sni:stional confict of US4. as ar. ended. the l'.ncrgy added Sectica 17::A to the Atemic interest situations." Reor;sni:stion Act of 1974, as a= ended.. (i) A new exa=ple is added as % 23.- and See:!cns !!! and 533 of Tit!e 5.. 7.at";y Act of 1954. as amended. ~ ISoJ(cM3).nis e.ta=;!e represents a 3 to Title 41 C;de et Tec,ci!: wing Part Ifnited States C:de. de i, (b) Revise 1 :3-1.240:(f) to read er34 'C:n:racter means any pe6cn. St=. current. typical situstion talen frors unincorpora:ed associatica, joint experienca. . Regu!sticas is hereby sdopt,ed and - ventre. :o-s;cnsor. ; art.ership. (j) See:f=n 23-1.3;c5-1(;)is revised to ;ublished as a docu=ent suspc: to cor;; ration, siIIIIstes dereof. or their rend-For bresch of any =ide above c:dificatice. b 1 _ (k0 ( ^ A

'5 i e t-( (-

• ^ '

i ) J

• D.) '

19194 l'ederna Revistee / Vol 4A Na 64 / Atendav. A:nl 2.17:1/ Rules and Rers!ang ) .- u a f PARy:0 1 Gy.NERAI. process.NRC agree =ents with other and subc:stnets in a=ounts of St:4tr m g ver==ent agences. interna:: anal or !sss. Subcart ::.t.JMantrsetor ogsni:stices. or state. loes! cr ferrign (i) "7tospec:ive c:ntracter* or 1.* Crg:nization:t C nflicts of Interest gose==ents: separate procedures for "oi?cror* =eans any ;erson. Er=, .5 avoiding cocaicts of!ntenst will be uninect; crated assocation,foint .D N.54ct sease and;o;;h WW in sd a.7eeme.s. as ____.n.r e. ;artnenh co.poratien. or 7.M

5.t.s4c cetinitions.

appropriate. - affIIIates thereof. Includbg its chief N Q:;f.,

2-844cs catena far ne=;sicr4 cenrac:or

• 3-8.f402 cer:mtJena.

executive, direc: ors. key personsal. .pJ.w artaruu uansi comte.s of bierest. . (a)"Crgartizational condic's of c asu!! ants. cr subc:ntractors. (Ident:Eed In tha proposal). ptc;csed * . f* ' Oc-tJ4o4 Rerresentaden. =-wes contract c!susas. Interest = ans dat a re!stionshiP sub=itri=g a bid or proposal. solicited c 5 .@k $N.bNc exists whereby a esatnctor or unsolicited. to the NRC to obtais a

s-t s4::s teainacon.7aNprEIces.

nadugs, and coarrac prospec:f ve contrac:ct has presest or

centract, j-

...,A pla==ed Interests related to the worx to gy Fotential c=ni!Ict of fsterest'

5-tJaar cance s idenni'ed attae award.

ce ;eriormed under an NRC c:ntract = cans dat a factu! situatica exists th. $,M l

j t24ca es rv wruc :(1) May dI=inish its capacity to 3,gsu (Edkates) dat an acW

=-t.s4to-kdconesciars. give impartial technicaHy sourd, c=utct of 6tensmay anse frem t.2*.,; =c-t. san t waiver. obles:ive assistanca sad ad.ica er =ay Gf

s-1.s4t: Re=edies.

otherwise neult !a a tiased wors . award of a proposed c:ntrac.t.ne ter:r ...,3g,; g., 3g gg... 3 aumoarrr:ree s. Pub.!.s 401. acdfag sec.

r=cuc. ur t.g =sy nsch

s :e:,23 s,gnify dese struamens which ::N

~

%"q-

~# "tr:A ta hh. t. as-rcs. sa stat sts. as g:ven an usfati ce=spetitive advantage. hvestf gatica ;rier to c:ntract awa.-d ta .'C; a= ended (42 tJSC. ch. tel. (b) "Researth* =aans'asy scent:Sc cr crder to ascertsis wheder award woule , *l 1vI e retical

ive rise to an act

:al c:=i!Ict erwhich I:s-t.!441 ~-- e and ;MT~

ans!ysts. e.x;lora:ios. cr m.j,g y. npryd 'a 22 :-.~::= '= ~d .K _Q (a)!!!s the policy of the (J.S.Nuc!aar expen=enta tion. offcerforinvestigatio8 f der arise - n i=a (NRC} to avoid. Regulatory ("am (c) "Eva! effort hvow,uation activities * =esns any dun =3 centract perfor=ancs.

g+

s A---ste or neutranze c:nt metor ing the appraisal of a .u,!N . orgenisstional con.CI ts of bterest.ne. technology. ;roces s. product cr po!!cy. -! Os-1.54C3 Criteria f'oe recogni=irug,,, .h NRC achieves t.'ds objeccie by requiring (d) " Tech ical ecesulth; and contraco, crgatunuonas centues of. - M s.> aII;tespec:!ve contraciars to sub=it t=asage=ent support services * =es=s. I#"8'" p-J I far=stion desc:ibhg relat!caships.if Inter =al assistance to a c:=ponest of (a) Ce=eral.7wo q:estions wi2 he any.wid organi:stica.s or persess the NRC In the for=ulatica or asked is deter ' 8~; wheder ac:ual or M (bebdi=g those reg =Jared by NRC) a<*-r-istration ofits.;regrams. pr:iects.

otential organizaticeal coc!Uc

s of 72g whics may give rise to ac:ual or or polices which sor=a!!y require the interest exisc(1) Are dere coccictuig _,

y..;

oten

fal cendics of!=terest is de contractor to be given access to ecles which =ight bias a c ctrac:ct s,

/.-;.F event of contract award. Infor=stion which has not been =ade Judgment in relatica to its work for the YM.L ~ (b) C strsctor cendict ofInterest available to the public cr proprietary NRC? (:) May de c=ntractor be give= a: i.., deter =i=atiocs esn=ot ha =ade. Infer =:ation. Such serMees typically unfair co=;et:tive advactage based on antec:aticsily or routine!p $e Inc!ude assistance in the ;re;aration of the perior=ance of the cen:ract! ne @E, C app!!cstion of sound jud;=ent on pregracs plans: and ;tepantica of ulti= ate dster=inatien by NRC as to~ i;.".t; virtuafy a case-by-c:se basi.s Is nrelI=isary desig=s spec 5cancss.or wheder or;ami:stienal cenniets of * .E neerssaryif the po!!cyis to be applied statements of work. 6ter:st exist will be =ade is!!ght of 2.7" so as to satisfy the over:II;ublic (e) "Castract* =eans any centract. cors=on sense and good business $)2 I:terest.!!!s not possible to;resenbe In agree =ent. cr other arrange =ent with jud;=ent based upon de relevant facts - ..r r advance a speciEc =edad or set of the NRC except as predded is 1 ::o dise!csed and de work tb be ;erfor=ed. c.:eria which would serve to identify 1.5401(c). While it is difHeult to identify med :o and resolve 211 of the c:nt.sc*ar cen!!!ct (f) -Cantracter" = cans any person, presc=be fa advance a specie =eded. i~n'b ! however. exar=;tes are pr:vided In venture.co-sponsor. partnership.. or relationships which c!;ht hvolve oficterest s!!uations which etight arise Er=1. uninc:rporated assodatiert joint for avciding til of de various situaticas._ ~5 .f.%. ' these regulations to guide ap;!!cstien of corporatiert, afn!!ates thereof, or their potential crgani:stional ceni!!c:s of -41 the po!!cy.NRC ecntrac!=g sad successors !s interest,I cludi:g their interest.NRC ;ersonnel will;ay J:k - pregn: of!Icfa!s =ust be alert to other chief executives. direc: ors. key

2rticular a

entica to pre;csed-si:tatiens which =ay warrsst

ersonnel (idantiSed la the c

::rse:).

c:stracual require =ents.which call far appiication of this policy guidance.ne proposed c=nsultants or subcentrac: ors. the re=derd; of advice, c::sul:stien or L.S u!:i= ate test is: Might de contract:r. if which is a party to a centract with the evaluation ac:ivities. or si=ilar ..r? awarded de contract, be; laced in a

NRC, ac:fvities dat lay direc: groundwork for f.Y positics where its judgment =ay be (g) Afli!!a:es* =eans business de NRC's decisions on re.:!atory 18 biased. cc where it =ay have an unfair c:ncerns which are ain!!ates of each ac:futies.fu:urs ;tecura=ents.and,

gr:;. co=;stitive advantagef other when either d! ect!y cr indirec!y research ;te;-a=s. 9:(j (c) ne c:sflict ofintersst rule cne concern or 6dividual controls or * (b) Situaticas er re!stion: hips which .;7f c:n:ai:ed In :his subpart app!!:s to has the power to c=ntrol an ther. or =ay give rise to organi:stiensi c:nnic:s c:: trac: ors and ciferers oniv. when a third par:7 controls or has de ofInterest. (1) De a:Teror or c:n:rac::r ~f_; Individuals er Er=s who have other power to control both (41 CTR t-1.scs. shaildisc!:se infsr=stien c:ncerning .---y' relatienshi;s with NRC (e.g. parties to a 1(e)). re!ationships which =ay give rise to 5. IIcensing proceed::g) are not covered by [h) "Sube:ntrac:or* = cans say cr;sni:sti nal-conn!c:s ofInterest unde: f '.i this.egulation. nis rule dees not apply subcontrac:or cf any tier which the foli: wing circu=s:2nces: -?.gr to de ac:tuisi:fon of c:nsul:ing services

erfor=s werk under a contrac

wid de (i) Where the cifer:r or c:-* setor 14 t'.r:qh de persennel a;;: int =ent NRC except sube:ntrac:s f:r sup;!ies

revides advi i

d2!!:es qg ' .*4.* %..s. : U 0

• • 7*/ a L

y

y; s t ( f .. 6 tedersi Re;ister / Voi, 44. New 64 s endav. Aen!.19r1/ Rulee and Reeuleuone ' l unpo I* to th2.YtC in a f echnica! ana in which addses that it is cu.rently performing cf the policy =av he warranted. Any it is also provid:n; consulting assistance similar analyses for ce reactor such wan er shall be fuiiy documented in the same area io any crgast:stion m.aufac:urer. cad c Ordinated in ace:rdance sus the regulated by the NRC, Caidance. An NRC c:n:nct for that wais er ; revisions of d:s ;s! icy with (ii) Where de olferor or centractor

ar

icular work nor=s!!y weuld not be

articular at

entica :o the est:c!!sh=ent provides advice to de NRC en de sa=e awarded to de.PC Carp. becsuse it of; tete t:ve =echamsms to guard would be ;! aced fa a ;ositfon is which against bias.

or similar =atter in which it is also providing assistance to any organization its judg=ent esuld be biased in (4] hample. ne ABC Cs sub=its a relationship to its work fer NRC. Since pr:posal fer a new systecs for s regulated by deNRC, (iii) Whers the a:Teror or c:ntractor there are other weU.quali5ed com:;snies evaluating a specEc reac ce evaluates its own products or services, available. thera wculd be no re ason for co=;onent's perfor=ance for de. er the produe:s or services cf another censidering a waiver of the pelicy. purpose of developing standards that~ entity where the offerer or costnctor (2) ht=ple. De ASC Corp. In are i=;or: ant to the NRC pregn=t. ne has been substantially involved In their rispense to a RF7. ; reposes to perform ASC Cs has advised NRC Sat it 1 develop =ent or c arketing. cartais analyses of a reacter co=;onest. [cteeds to seH de r:ew syste= !s d (lv) Where de award of a contract which are unique to one type of Induscy :nce its practica'etlity has been would oderwise reeult is placing the acranced nae:cr. As is ths case with de=enst. rated. Cther c:=;anies in dis offerer or c strac:or is a c::i1Ic:=3 role other tech..icaUy qualiHed c:=panies business are using cider syste=ts fer i.s which its judg=ent =ay be biased is res;=ndi:3 to the RFP. the ABC Corp. is evaluatica of de z;eene reac:or r-htien to its w' ark for $s NRC ce =av perict=ing various prefects for several c:=;onest. otnut <.a rum.:..: _:.:.: r:.:;2aave.:. as: :C.~ .a.;..... r! S r. :': Cai.!:n- *. A -- "---: advantage for the oCerce or contractor. - Ccrp.;r=jec:s have any relation iup to awarded to de A3C Cs provided :at- .o ' (:) ne c:ntracting oCicer =ay the watk caEed foris the RFP. Based ca 'he c:ncact sti;ulates that no request s;ecac isfor=tatics heca an the NRC evaluation. ths A3C Corp. !s ini=r=stica produced under the emntract cCer:r or c:ntrue:or or =:y require censidered to be th best qualified will he used is de car: trac:cr's ;rivate.. special centact ;rovisions such as c =;any to ;erfor:a tse work outiined ac:ivities utdess such ini:r=2tice haa prcvidedis 1:3-t.3405-Zis de to the RFP. ~ tees nported to NRC. *nior=ation C#danca. As NRC c:ntnetn r= ally which is reported to NRC by c:n: actors foUowiss circu= stances: (i) Where the offer =r or e:ntractor c:uld be awarded to the ABC Corp. wt3 ::r=aHy be disseminated by NRC j, prepares spec 5 cations which are to be because no conH!ct of fsterest exBts . to others so as to preclude an unfair used is cc=peutive proc===ents of which would =otivate bias with respect ce=;etitive advantage that =ight

teduct.

or serdces esvered by such td the worie. As appropriate clause otherwise accruei. When NRC h=ishes would be included in the contract td infer =atica to es centractor for the spec 5 cations.

8 !!i) Where the offerer or contrac:or preclude the ASC Corp. Se:s

erfor=saacs of centact work. it shall prepares plass for specine approaches subsequent!y ecscaenna for work net be used is the contrac

ct's private er =cthodolcgies that are to be during the perfor=ance of the NRC.

activities t=less such infor=ation is Incorporated into ce=petitive c:ntnet with the pnvate sector which generacy svaiIable to others. Fidder.

roc =e=ents usi

3 such ap;rcaches or c:uld create a canniet.For exa=ple.

tha c:ntract wi!! stipub:e that the =e&od !=sies. A3C C:rp.wcuId be precluded frors the c:ntrac:ct wtU infor= de NRC (iii) Where the offerer or centraeter is perior=ance of si=ilar work for the , centracting ofCcar of alt rituaticas in gnated ac:ess to information not c:=pany develeping the advanced which the infor=ation deve!oped under available to the public c:sce=ing NRC reac:ct =esti:ned is the exa=;le. Se centract is p:: posed to be used. l

Ians. ;olicies or;rograms whics could

13) ba:sple. As a restdt of operating (5) bar:ple. De A3C Carp. In for= 4e basis for a later precure=ent

r

ble=s is a certain type of respense to a RF? ;roposes to assemble acue=.

co=rnercial nuc!e'ar fac:!ity, it is a map showing certain seis=ological l [iv) Where de offerer or c:ntractor is i=;erative that NRC see :re specine fistuns of the Appalachiart fold belt.In n I granted access to prcprieta.y data on various cperaticnal aspec:s of ac:crdsnce with the representa.! ion in infor=ati:n ofits c:rspe!!!:rs. that ty;,0 of pisnt so as to assure the RJ7 and i 20-1.!;c:(b)(1)(i). A3C (v) Where the award of a contract adequate safety protection of the publice C:rp. Informs the NRC Sat it is rnight otherwise result la pbci=g the Crtly one =acufac:urer has extensive presently doing seismological studies for offerer or c:stractor !s a cenificting role expenence with that ty;e of plant. saveral utilities in de Lsters tinited is which its jud;=ent =ay be biased In C:nse;tently, that c:=pany !s de ordy States but none cf de sites are withis relatica to its work for Se NRC or =ay en with who:s NRC can c=ntract which the geegraphic area c:ste= plated by the othe: vise result in an t= fair cornpetitive can develop and cenduct the tasti=g NRC studye advantage far de offeror or c:ntractor.

r

gracts required to obtain the data in,

Caidance. ne contneting efncer (c) Felicy application guidan:e.no - nason hte ti=e.nat cc:=;any has a would normally c:ncluda that award of fcIlowing examples are iCustrative only deEnite interest in any NRC decisions a c:ntnct would n:t ;Iace A3C Corp. In and are not intended to identify and dat cight result frors de data ; reduced a coniUcting role wv.ere its fud;=ent ' resolve all c:ctrac ct crgani:st! anal because those decisions affect the. =ight be t!ssed. nt'werk for =ders c:nRict of !sterest situations. reac:or's design and $us de corn;any's clause of I :0-1.5+05-1(c) would

rec!ade ABC Corp. fr== sc

coting (1) ha=;le.ne XYZ Carp. in costs.

response to a request for ;rc;csal (RFF). ' Ceidance.n!s situation would ;! ace work, during the ter= cf ths, NRC

re; ses to undertake certam sn

lyses the =anufact:rerin a role in which its c:ntact which esuid create a c:n:.ict of

=f a reactorc==ponent as called forin jud;=ent could be biased in relatier: ship In:erest. the RFP.nr XYZ Corp. is or.e of to its work for NRC. Since the nature of ' (d) Oder considerations. (1) ne fact - several cern;anies censidered to be the work requiresi i~s vitally important in that the NRC can ident:f/ and Ster technic:!:y well q.:aliCed.Ia response to terms of NRC's responsibilities and no avoid, eliminate. or ac :: tali:e any the inquiry la de RF?. Se XYZ Carp. reasonable a!!ernative exists. a waiver

o'ential ergani

s:icnal c:ntlic:s arising e

e 9 e s

o

4.. =

et yederal Reester / Vol sa..*re. e4 /(:.. ute,, A,n3. gg 2 / Riles and ( L { ts 30 0 F ft::t 6e ;erfer=ance of a c:n :act is of!!cer de! ermines that organi:sticaal particf;atters by de c:nt:.ac:cr as n:: reievant to a detarms.stica uitha con $ie:s exist. :he f:! : mag ac::Jns deOned in 41 CFR I M.2400;f) in de i =ay be ta* en-(i) S:;cse apptc;nate scitvit:cs esvered by th:s cI use. ex:1:en:e of such c=Uic!s ;nor tc the ~ m award of a c:.-::act. c=dittens whic: avoid such cenSic:s. (c) II*ari for cr.ters..va:w:+.s: adi:3 (:) !t is not relevard 6st de (iil dis: alify the ciferor. r(iiil .ny other; ovision of1:s c:ntra:!. ?, cent:sc:=r has de ;r=iessional. determise that it is obermse is :he best dunng de term cf dis centrac. de 9 re;u:ati:s of being ah!e to resist.' I::erest of de IJnited 5:stes is seek. c:nt se:ct agrees to f:qo enter::g i=to ter:;:ations which arise hecs award of $e con:rset undar de waiver c:nsulting cr other c:n::ac:ual orgs=:a tac::s! c:rIJcts of inten st. ct

rovisi=s of I 20-1J 412.

arrangec:ents with ar.y Cr:s or that a feUow-os procute=ent is not ' (2) ne re!:: sal to ;revide de cqa:u:.stf am. Se result of which r=ay. 6velved. or that a contnct is awarded re;tesentatlan required by 1 :o. give nse to a ceniUct ofI:terest with as a c:=;eti:fve er a scle source bas.s. IJ404(b) or u;os request of the respect to the work being ;erfer=ed contracting oincar de fac:s required by under this c:ntisci.De c=tisc : shall j.. t2c4 ne;tesantstson. I:3-1.54c4(c). shag resuIt is ensure that all e=*'ayees who are ..~ (a) ne fellowi:g;rocedures are Equa!!Ecatics of de oEer:r for award, es=;!ayed hi! ti== c= der dis c=tiset des!:::ed !s assist the NRC centne:f=g ne =endisc!cru:e er =iste;nsestatics sad e: pl:yees desig:stad as key ersennel,if any, under dis c =eaet o.n zin deter- " g.vhether si:uatic s. cf any relevact I:terest =ay s!so result p'ef da by the ;r=visies of this chuse. If t.:.e!aticeshi;s e.xist which =ay . In de disqualiaca: fos of de oCeror fcr a .c:nsti!u:e a.qasi:stfonsi c:nRIcts of

• award: or if such sond.!sc!crure or.

.de.c:ntrac:or heIIeves with respect to ... r... .a (b) Ra;nsectatics ;;ocedu:n.no ter=ina:ed.ne oGer:r =ay also be arrange =ect wtth any fir: or l-f:U: wing orga:ts:fs:si conCicts of . Esqualifed hecs sub'seve:t re!ated eqa=:stics ::ay kvolve a potential 6:erest repnse::ation provisios shan .NRC cenese : and be subject to such c:ndic: of bter:et. the conesc: r shan 'he inchded Is aII so:icitatio:s und' oder reced!al ac:f :s pro.idad by law obtsin da wnties approval cithe uss:iicihd pro;cials ten (1)Ivahatfei ;ct de res d:i=3 c=:c2ct. c:neac:f g of5 car;n=r to executi=a of { (d) ns ci'eror =ay. because of actual such cent =ce:al arange=ent. g services or ac:fvities:(:) tech =ical. c=sulti:T a=d =anage=ent rupport cr;otectfal ogasi:s:icn.al e::E! cts of (d) Ciselesure epar await:f. (1) ns services:(3) research: a:d 4 other .'!:itarest. ;;cpese txxclude speci5c cencac:or warrasts that to the liest of :=. 5-c:ntac:usi situati:ss wEer(e)special I ki=ds of work be:s de stater:ests of its k=swiedge and beIIeiand e.xcept as ~ eq2ni:a:io:al conHIcts ofI::enst

• werk contained is a RF? unless the as7 cthe: wise set forth Is this emn:rac*. it pr visions are otedis de soIIcitaties

.s;ecifics!!y;r=hibi's such ex=! sion. does not have any crpnirsti=al j and wou!d be I:cluded IA the resulag. A.cy such preposed exclusies by as conUIc:s ofInterest as defIced !s 41 g c=cac:. nis re:resentatica offer:rwillbe c :sidered by the NRC h C22 :3 12 m (a).

• g,,

require =est shall also ap;Iy to aH the e rsluation of proposals. If the NRC (:)ne contrac::r apres Sat if s!:ar

cifcatiorts fr.r addtional eifert under cons den the preposed exchded work award it Esc: vers eqani:stional de c:stnct ex: apt $cse issued u:dar to be an essentfal erintegral; art'ff de c=i!!c:s ofintenst with respect to t'ds the c:anies clause. '.nen.hewever.

required work and its exe!usi= would c:neset, it shan =ske an !==edate and - a s:2:a=e=t :(the type required by the work to the det==est =f de c:= pet:tive NII dischsure in wnti=g to the organi:s:icnal c:nn: cts cf :ntenst posture cf Se other offaren de c=ese: fag officer.nis state =ent shal! represents:!on ;rovisica has ;riviously pre; sal =ust he rejec:ed as in:hde a desc=;tien of de ac:fsa'which s been sch:t:::d with.egard ts de u=ac:r;tsh!e. the ces::seter hs.s :sien or;roposes to e:nesc* being =cdi!:ed. only an (ej ne cifa:or's failure to execute the take :o avoid er =i:igste such c= Hie:s. updat! 3 :(such stata=ent s=a!Ibe n;tesentation recuired by arspaph (b) ne NRC =sy. however. :er=i:3te the nquired. . of dis secifsn wit}:iespec:;:o butatica c:strac: fer c=venience if it dee=s C - * '- ds =1 cat cts of f:r bids willbe c=sidered to be a minor such 14= ins:bs to he is de best - ' I^I8 83I tud de offerer wi!! he istensts of the ;;over = nt. 2 I:: rest 2e' resent:I i ~ca pe=itted to cornc We c=ission. (e} Ac::ss 12 cao use of=fx=ch,en. I:r;rrsest to de best ef =y k owimfge ersi-(1)If de c:ntracteris de ;erfer=snes ~ pel2sc l :3.tJ44 Cent set c':uses .of this cen:rset obtsins ac:sss to .-e award !3 of a css sc:ct tafer=a.,en. such as NRC ;!ans. ( de meddestics of as e.ds"-* - set ses j 231J4:5.I Cenerst e:r: trac: c!:u e w

elicies. n orts. stud!cs. Scancis!;14

s.

( )crdsesas )!=volve prua:::es er .s!I c:s:. sets of th e ty; es set T:rd b ga. :.at dsEa prote::ed by the Trivacy rg ge ry;e set..re 1:us C-2 100-1J4c.i('s) s'uH bdads the Ac d m PA N4 dau fcIIowing c! uses: which has not bees nicased to the (c)

• s:nc:fc: s to offeron.ne (a) /ur;cse. Le pri= sty put;cse of public. de c:ntne:or arr:es =ct :o:(il f:llowing shai! be inchdad !n al! NRC dis clause is to aid in ensu:=g est the Use such inic=ation fir any private solici:sticas:(:)If de representation as, centnctor:(!!!s :st placed !n a~"

purpose untd de inic=stien hss been c:=;!ated !:dicstes det si:uations or c:ni!!cting ::!e becsure of current or n! eased to the public (ii) c:=;ete fer re!atiseshi;s of de ty;e set ferth is 41

!acced !=

a:est (Scancf al c=::ac:ual. - work for de C:==ission based on such C7R :3-tJ40:fb){ ) are involved. or de eqani:stional. se see.. vise) which Inte=atbn for a peri:d of six (5) eentrac:f.3 offcar otherwise dete=ftes relate to the work nnr'ar t'.ts c:n::act.

months af: t either the c's=;Ie:Icn of dat ;::en:isi eqsni:st!cnal c:ndfc:s. and (:) does r:et obt:;n an unfair $fs c:ntract or de niense ci such exist. de efferer shaQ ;rodde a, co=pstitive acvantsge over oder info =stien to the ;uh!!c. whichever!s l stata=ent isx:ifi=g which describes la parties by vi: :e of!:s ;eric:=asca cf Srst. (iii) submit as unsolici:ed ; :;os al o a c::cise =2n=4r ad re! event facts . this c:ceac*. to the g:re:.=er:: b: sed en such _es=; on.!: te;:esentatics to the (b) 5:::e.ne ast:-Ic*f=s described !..!:= tie: unt:1 c=e year af:et de meac ; otEcar.!!de c:st:sc".=g herein rh'20 a;;!y to ;e:f::=acce er re! esse cisuch i I::=s*ien to the f I i .I l 2 ,s D* ]D'3'TY( o o m o.Ph.lh C a .i J

..o( .s f ( .b..e..ree, "g g,,;,s.e / vol 44. No. S4 't Monday. Aeni 2.1979 / Rules and Reenla: 12::1 ..ai 'e n:n=rodu :ica c:n: ac: previcusly (b) Avoid er e!!=i= ate such c=ncic:s I T"gc, or (iv) reiesse the infer = tios 4

• '~~~yg ;nc wn::en a;; t val by the

ener=ed sy de c

n:ne:oc by 4;;t:;nate m:ssures: or

[ .. -- ein:er c!:s: sucs (:) Sef: ware exc usien dseses: (5) Award de c:n:: set = der de 8 ) U."~.g[c's has ;reviously been [3] Causes w!ich require de w sn er ;r visica cf 13-tJ411.

1. d to the ;ubli: by the.WC.

c::trae:=r (and certais cf his key ).

1. .fr addition, de contractor spect

ersonari) to avoid certsfa

{:,1J4C7 Cant!ic:s14an*.f ed after I-* ..e extect it receives cr ir gives or;ani:2, tic:al conilic 4 cf !=tenst: asd 3**'- If; temth! c:;a:I:ade=s! c:ni!Icts of 3 -r:prietary dsta, data (t) Causes which provide for 8 .!^~ 4" protec ics of c::Edential data sad bt: rest are ide:tifed altu award with

'hg,d'ty the Pnyscy Act of 1974,

-5 7). or ether c

:lident! 1 or. gustd against !!s u:su6erized use.

respe:: to a ; articular contact:r. Se T.)".'.;,[21 :.tec=atias under this n' * .d technicsL business. or (b) The fei!: wing additio:a! c:::: set c:n:ractL g ofE:s deter =i=es that such } c!suse =ay be i:c!uded as sect!ca (i)is c:=ficts do. in fact, exist and that it Q. ~ ce cc: tract:r siail: est sucs the c!sese set ferth is i =-124c3-1 wedd not be is the best isterests of the' f["*E:aIics is ac: rdancs with. ";ees ;!a:rd os use of the whes it is deter =ised that award of a g:ve :.::ent to ter=I= ate the c:=:nct as 'y fe!bw.on centaet wedd cc stitute a3

r

vided is the c!suses required by C.,,:=s tics crgat:isst!c=21 cenilict ofInterzst..

10-tJ4c3. de c:stned; ci3:er wiH.. ]p:,e c::t=ct:r shah have, sub[ect (i) 7:Gow cs effort,(1)ne c:ntac: r take every resso:able ac !=a to avoid. J .l g,ptcat and:ec=rity prswhicas of this shall be Indigible to psr:ici;ste is NRC ,;t.-i-ate. or. aner o'c:ai.i. ; a waiver in : g 3tnc. de r:;ht to use tec =ac:.I dats. c:ntracts. sube::ttsets. or pre;csals sce:rdancs with !.0-12411.seutnH:s .c .. thereier (sod:sted er =scu,=ted) wra. h. the.eCrcis of da iden:ifed conn!ct. -,. ~

t -

educes undu this c=ctract for c

1 .:ivate ru::cses pesvided..at a2, ste=: dI:rctly c.om de so: tract:r's ' H e ~ 3

i.

gi} Sdc:: t::ctr. :_.n: ;t as ;:cvidna cinc:ca i: v.n:.:,.:. :.

.:..r.:

~ ' r .C. cincer, the. c:::nc:sr,,shs!! ::t ;eriens ..g _:bce dis c.,Cs). S,e c,en.:.neter 1. t.34to,. J. tr: cts.. - .. u Cy?, =, -1.340: ~.. ause..s,, uceg tds any tec.::ues,. censult.g er =ana:ece:t t r-4 2 offer:n ind.ed:g c: :::::. H nqder

• T12C: tn 2

.'~g2;;sph. Is subc=ntraets of any der. su;; ort serdcas work cc evaI= ados

I -.

c:ntnc* :s to su,bcut a y,. I '... a c=ese:." -do::rsetor.* and. acovities under dis c:stne: ca a=y of ~ Its produca or services or de ;= ducts repres =tatics s:atement !s a=5t:fsa,ci: ":"'i 3*.. U 'te:ic:nq cC er." sia!! be '~n .l - 3 rc sisteiy =edi??ed to preserve the er services of another fi=s if the with ! 03-1.24c;(b).'rc= subenstract :s,,".. i. ,y "*

• Ser:;me=t s ri; hts.

c stnetor has been substss:faHy. i.. and c:nsultan:s.ne c:strachg o -- .u. r ~ .4 g;2 rdfes.Ter heisch of asy cf the bvc!ved is de davelo;=est or-shai!nqdre the c ::racter to induda i-.. ' 2.

beveproscriptices er fori=testio al

,=stketing of such products cr serd::s. c::: se: chuses is ac ::dases with i

==::d:sc!csure or =!stepr:sestatica of (2)If de con:rsc: r u:dar this 1:3-12:03 !s c::sultant agee=e=ts or 7 - - :=y ::Ieva:t != erest required to be con:rse: prepares a cer=ple!.m.or sabe:nt.scis involvic; pericr---4 of .h disd: sed c:ncer=isa dis ess:ract erfar essentiaily complete s:ste=ent of werk .werk = der a pri== c:st:sc: c:vered by 1 sud c:::ceous n;nsen:adons as.

• or speciS:s th:s. the cent:ze:ct shall be thh schse den.

j

c:ssari!y.!=;!y hsd faith, the Iselign!s to pen ~ct=2 or;anici; ate is the i

ner.=ent =ay

er::i= ate ce c:stract initial c:strac: al eifer:wckhis based I not.5411 waim-

{ kr d: fault. dbq=aII.'y de c:straeter . on such s:sta=ent of work or ~ ~ (s) h de Ent I:stanca. deter =1:stics [ ' := subseq: ant cestnc: sal efforte. a:d specccadecs.no c=n:rse:: shsil sat with respect :o the need to seek a 3

sue cther =edies as =af be Ine

rperste its ;reducts or serMc:s is wajver for s:ecnc c::t se: swards ~

~~ ,. 4

=itted*

y!aw cr this contract.

such stater:ent cf work or :peciSraticas dallbe cade by the c:ntnc!b eincer 2 { (h) ;'.*ciren A requestlerwaiver cnless so directed is writing by,the with de advictand c:n:::: rence of de

• centrac:63 cHIcar. Is which esse the t dcr dis c!acse shall be directed is. reseiction in bis su:;arspapa smal! =ot y,,r: pars cince dire.c::: and da Cf~== cf f

weth; d ce;3.eect:r for C;erations de c:nese:ing oincer to ,,;3gy, t,;3g g ne:Er. t*;ca the the :2ecuthe i. apply. r ree: =endarios cf th c:n-sc&g ,7 _=.. and at:er e'- sultat as with de (3).'!athing is this ;srag=ph shail-t.-,C)!n ac::rdan=a with de Ch[r"ef :he CenerE C,a:ud's

: d: es out! bed La ] O-tJ412.

techde the c=stncter from offn'

3 or seIIbgits s:s=dsrd c==st a1 iter:s to 3-iJ4:5-2

=ay waive. the ;:I.scy. specci:::ses u !aec ss centac: provisierrs, e stan save._. _e.cf.- c e . s he c. te:: anes. hat.,t,s u.sts.s.est (a)II:t !s deter =I::ed frei:s the natura cf the ; : posed c:strac: dat I U*t.!*:S Evabst!crg ::nd*ags, sad Sterest of the United States to do ss., .u .c sui:stionai cerute:s of bterest' exist, cas:ra ct swarts. (b) Sech a : bit shsil be s::ic !y .9 er c::: acting oincer =sy dete:=ise ne c:nt sc:Sg einc:twii! eva!uate U:.ited :s 6:se situaticas is which (!) s J-dat such c:ni:I::::n he avoid:d or - a!!ntevant facts sub: hit:ed by as ne work to be perf=r=ed t= der ~ .a ' si!ct obt:ini 2 2 waiver is ac:ordance.

• cif:rcr ;st:uant to the repres entstics e:nt::c:!s vital ts the NRC ;te;razu (2)

-{ pth i :-t241:. :su:ra!I:ed th:: ugh t'.e require =en:s of 1 :3-1.5;oQ) sad other de we:k ::r=ct be satisisc::n!y - s 34

se of an appropri:te spedal c:n::act. relevant infor=ation. A!!er evaluaths perf::=ed exc:pt by a c:ctract:t whese -

nsien. !! a;;r

;:iste. $a offeror =ay dis hkr=atica against the criteris of Intens:s give rise to a questics of

tI*,tiate the :c:=s and co di:!:ns of I O-1.!iC3. a iInding will be =sde bT c:n!Uct ciin:erest: and (:) c:stnctual j

62:e c!auses.Schdhg the extent and the contrac:bg cificer w'nather and/cr tech.!csl : view and su;e: eisi:s e ;ened of any such restection. organi:stic=al c:nine:s ofinterest exist. ' = the s can be e=p!:yed by.WC to ,y - ;ges* ;r: visions inc!ude but are not with respect to a particuls offeror.ifit neutralhe de c: dict.For any :=ch g - ted ts:. has beeo deter==ed dat cenci::s of waivers, de ;usticcatics and a;; sva! ' jl,)lla ictnest exist.,then the c stnc:ing d:c :=c:s sh:1! be ;!sced Is de.?d:Ic < -.ibit jware eac!=s,os chuses w,nic,s-otScer shall eithen e se:eptsace of;tedue:ks Co"' "-t "' e s. y .{ c::::ac:s fa"owiss a n!sted (a) Cisquality the circnr fri: sward. . t. t. 4 .t ..s - me m y D D 3*. e -=w=..

4 .-d,s < *. e. .v (~ ( 12:::: Federal Reeisser / Vol. 44. No. %. Mondar. A:nl *. Fr2 / Rules sad '4ep!ario.9s 1:St.14 r2 6 eeies. ?O CPI' 172C1'r3 TT.4CKS C.9~-(I J. Kanneth Car:er. Chief. t.* f!!:s!!::6 and In addi:Ica to such other remedies as A Olf!.SJ.V. TCPf!"A ANJ SA A~.4 /Z Cis: :bution Sr:n.it. !..:ars:ste / =ay be ;er=it:sd by law cc c:ntract f:r R.UP*A t CC*.*?ANYis a=end2d by Ca==er:e C:==ission. Wasbfnpen. a breach of da restac:!ans in this subs: kin 2 de f:lfowing ;sragraph (c) 0.C. 323. Tale;h:ne (:::; "2-7340. for paragaph (c) derroc Telex 39-r42. subpart or for any in:entional =isrepresentati n orintentional

• Q*

c,cid,d grarch r, ;g79,, nond!se!csure of any ra!evant interest (c) Evie.Jian c* le. De provisiens of. Upou.8arther c:nsidp/atien of SeMee required to be ;torided for this sec:!cn. this creer sligU r== sis is etTec: until Cedar No.12:0 (4:ET6:230. 43 FR 140:1 g de NRC = sy debar de ces:rse:ct fro: =odifed or sa subsequent NRC c:ntracts. Camr=ission. gsted by ords. ef dis and 4ns3), and good cause a;; earing 3 thercios: f Cated at *.vashegua. D.C dis ud day of E5c!!ra dets.qh!s s=andment shall n is o,. ered S.at SeM:s Cedar No. i Secome eiTec:!vegit:23 p.nt. Sfarch 31 13 a,}:o33.1.~,;3* De Chesa;eale and. Sfarch :Sn. yar ce Nac!a ar Replatory C::==ission. 13'9. + Chio Railway C; ente Cve;fam;any Authori:ad To (o uSc (:c:st-ic:[3 d it:=-st::s).) M m. Tracks of Censelidated

1. ~"*"~~"

This order shsU be Ierved : on'the Rail Cerpo.-dtica be. and it !s hereby. ' AssociatI:Q of Ar:fricab325 ads. Car B, I I SeMce CMsion. as asenizide I*'* V* ?I'$ I*' I*' 3*F* 0 **'*** ~. raiheads subsenbiet to :h. s car se..ies .-* /.

• pea.:.Je..e.

C.".!!S31C:4 .or!*a8 aFee=ent sno upcts tne Of8vt:st*:2a'"e::8La:28CA *::4 -A= rican Short ilze Rai!rcad I, =ep5.d or vacated by ceder of dis e I .I Association. Noti:m oI df.s orda.hhsil be Cain=issica. [,* given to the ge:eral;ublic by de;; siting TIf'etire dete. D.!s amend = ent shall ~ Car S=rvice; *.*IEs:uri Pacific R:I! road a co::yis the CISca cf de S4creta.y.of .pec:=a errec:ive at.nd3 ;. t J.faren 31. Co. Akt:1=rt::a To C;ar::s dver .he Ca==izaics :t Was: ing:en. D.C' .e* 3T1 l Trac 6cf :::s Atenisert.Tc *eks.:nd and by S!Ing a c:py with de Cirecto.-g [ (4s (JS:*-(::::0?-:=0s a=d :.: -12::31.] p Sants ? Ca. i, f. * *. (. Cl}ca of de Fede al Register. 7 g A g3py,g this at:endment.shsU j:a

I Ac t.Ncar

Jste state Cacm

u. 4 Er the Cam =i.ssion. Railroad Servies Board.$

• se Ca==.Issl

/-- - members Jcel E.Bar.s.Rooert 5.Tu.-ki.,gt:s A =rved up:n the Assocf ation of ** ' ~" =-res A 9 * '*tp..er.ican RaiIroads Car Service f.c.cqan.eq.=cy @.. A= esc.- ar.d John R..\\fichael.,. sion. as age rc: su raik: ads ar =ent 7 . sc k. 4

vbscribing to de car senice and car y

no. 4 to Sarece Cre,ar/h.1:12. j. .- bim emt uder de re s ci'ht

nsaav:"Ife.'.cssd::t PaciSc's T* =

• ac.9 t=a A=aw y

ad e ent. and upon d= A=ed an h Shch=fl=* R*^iltc'd Asso=!'ti=3 N*ti;* = 5 D 0=' w" r =L* = -' **s==c A$e' veen W!nReid. pnsas. aad sasas CtyKa

• • C:c8 F:*-*

J of dr3 amendment shall be given to the damaged by Cao'd.jsas, has been 'able. E nz and is iso:er er jener4:ub!!c by depesiting a c:py is Senice Cr:ime Nnt.:3 suderiiss e, -p de Cffi = of the Secretary aide h!:sscurt PsciScfa o#ers:a crer parcifel,' 49 CS Pstt 1033 y C:=inisrign at Washington. D.C. snd -l tracks of de A;?:i?on. Tope'ca and e d h UIInf a gepy with the C: rector. C!Sca Y ~ 4s :1;se points is crder {st Service: The C?:sesp eake end Chio of :be Federal Register. Sata Fe betw$inuedisilt ad service to. Cnsihvay To Cperate Cvs,r 7tmeks of Zy de Caa:m@=n. Rai!nad St.-Hcs 3sa.-d. i lh. t:;rodde c:- sh!;;ers ser-Nd by deg2:dac aged onsolidstad Rail Co$ memhers bei D.Sur s. 'tocer 5. T.:rM. con, . ;ortions of QOs !!ne. Semcs Crder No. Actucn {3:ers;3;a C;=.hg;;g-2nd John R. I.fich(et 1:;3 is published in failh volu=e : of C;==5ssiaa. -g a c.w t . the 7eders[Regis:er at phe 3:ss3. r-ea.4 1* A=end=ept No. 4 ex:end':.this ceder .f.,cM :ensncyr No.1:30. . ' % 7._, n m,m.3,...w er A= enc.: sat ,,,y L ,_,,,=,,w .. u

o. 3 :o Serdes C..

- un:jg cc.n. d or vaested '- .-'.ar o( a ) $is Cor-{,, ission. 4.h , e zumAan Service deder No.1 30 an. tac c=:e :=smA

• sms:Jf' active Itd3 p.m..Etarch 31.

suthori::s the Chess;2ake and Chio 15 3. F; ires when = dined ci acs:ed - R2ilway to operpt!r crer tacks of .g by steyr of dis Cc==issica. ~ Cansolidated RM1 Corpontion between 43 Ca Fsit 1033 g> ,7en peu mroaur.nen c' xra,c= .Hallett. Ohio, a[d Waibrid-- Chio, to J. avoid c ngestion on the itsEs of de car Service:1.enswee C:i;nty Ms.iresd - Cbg tics cranci. Inter: tate.eth Carter. Chief. l. librationand Tc!edo Ter--Tal Railroad Coupany Co,Inc To C; erste C.er. Tracks of C :jr-=2 :e C==issien. Washin k hfy *M. by de Che Ce..so to travfrse this tern.saMe ad. C:nsolidated R:il Ccr;crat',cn 7 ( 3-* '[*M "$ ^' ("-a2I '* '"#*to N'- I tery..e.ervf es Acz3ci:!=ter: tate Co=rnerc=fT D. I g'.

• 3 Crder No.J;f &e Feders! Regis:ar at

o is published is fuH in C==ission.

~* 4 volume 4d d C W ed '.fu.h :s,:grs. T p ge 60:;-i A=endment No.3 to Servics ',cT*:w: T.=et :Scy Crds.- A= n)=ent f IJ)ca fa-der c:nsidarition of Senice k Cedar Nd.' 2:33 ex: ends dis ceder until ..o. 3 to Semce Ceder No. !3::. $ Ceder No. : 33[4:FR :;333,24 04: 43 -m:cied er vacated by order of th:s RaiIrrad :;erates :wo separa:e lin:h ' su uar.r:The t'enawee County ar;eadng dere:,3231. and ;:od esuseD* d$.fec fre Itd3 p.nt. ?.!ar:. 31. FR 1473 and 44 i" *- 5 stf st: N ES n r rMe:sd in de vicinity of C::svar.or. T 2S9N?' '" **diU'0 ****'*0 lt is cr:' red. dat Se: tice Crder No. by cr:er of 6:."=C:==:. !aich!;an Serdcs Ceder No.1::1 ~s 1:13. I 1C:3.::!3.it/SSCU.TI?AC.'?/C s ssion. ' sud:r:::s de '.:n: wee C .:y Rai*r:a d( AAIGCAD CC:.;?ANYAUT iC.il:ED rcn h:anssa tucuan:n cc:or:cn to c;sts:e cycr:.s =it:s of a rne :(6a s 4 hy i r. e I~ b. b I.

/ i CONTRACT PRICING PROPOSAL omce of Min 2remine and liuaget Approvsl No.19-Rols4 (RESEARCII AND del'ELOP> TENT) "O Thse form is for uw when (i) submission of cost or pridng data (see FPR l-3.807-3) is required and (ii) substitutsun for the Optional f orm 99 is authorized by the contracting ofhter. NAmt Of Of fitoa $uPPLit$ AND/OR SERvict$ TO St FURNi$MED HOut Of flCE ADDat$$ Os415sONt$) AND LOCATION ($) WHrtt WORE l$ TO 8t PitFOtuto TOf AL AuOUNT OF PROPOS AL Gov T $O11CITAriON NO. 1 ( DETAIL DESCRIPTION OF COST ELEMENTS TOTAL R EF E R-e. DistCt MAfralAL (Is, wise e. Esh,6,I A) EST COST (5) EST COST' ENCE:

a. PURCHA$tD PARTS 6 $UBCONTR ACitD IYtMS

r. OTHER-( f) taw MAf TRIAL (2) VOUR $fANDARDCOMMERCIAL film $

(9) INTE RDivi$iONAL 1RAN$f tR$ ( At other than test) TO TAL DIRLCT.\\t.4 TE RI.4L 2 mAftEDAL OvinHE AD' (Rate %XS kse = ) E STIM ATE D R ATE / EST

3. DDRECT LA60a (Synofr)

HOURS HOUR COST ($) 101 AL DIRICT L4BOR ~ ~ 4 L A80s Ovt#He AD ($pessfy Departwest er Cost Center)' OH R Af t E BA$t = EST CO5T (5) TOTAL LAll0R Ol'1RillAD + $ $PtCLAL 1t$1 SNG (lestudong fel./ u ori at Genernment restallatsens) t$1Cosi(3) TOTAL SPLCIAL TESTING 6 $0tCIAL EOUIPMENT (if direst aberge) (Icewise en f.shobot A)

7. inAvtl (if Jure <a sharge) (Giue det.oih en atArched %shedule) t$1 Cost ($)

{

a. TaaN$PORTAfaON

6. Pit Diem OR SUS $1$ftNCE I U TA L 1 R 4 5 'f L

8. CONSUL 1 AN15 (identify-purpest-rnte) t$tCO51($)

TOTAL CONSULI.i%TS

9. 01 Hit DistC1 CO$f$ (itewste en 134,644 A) to TOI AL DIRECT COST A %D Di'ERilEAD ll. CINERAL AND ADMINI$f tAfivt (IPEN$t (Rate

% of aest elewest Nes. J'

12. BOYAltitS

• 13.

TOTAL L51918.41IO Co$T 14 f te Os Paorst 15 1UTAL E511\\l AllD COST A%ILIELO%PRTIT m.-y a p '"\\ f Qf 4 i D U U u in W . 6o y Q, '. 'p - t-mensstratun W ' i

• h h b

FPR l-16.806 5060-101 L

,This proposta en orbmittid for u se si connection miih and in rr punse to (Deurshe Ril". et..) reflects our best estimates as of this date, in accordance with the Instructions to Offetors and the Footnotes w hu h follow. a ,,g fYPED NAME AND IITtt SIGNAfuRE DATE OF SU6Mt1560N NAMI Of FleM EXHlBIT A-SUPPORTING SCHEDULE (Specify. If more space is needed, use res erse) COST tL HO. ITEM DiSCalPTtOH (See fo<otnote 5) EST COST ($)

1. HAS ANY EXECUTIVE AGENCY OF THE UNITED $1 Afts GOVERNMENT PERFORMID ANY REVIEW OF YOUR ACCOUNTS OR RECORD $ IN CONNECilON WITH ANY GOVERNMENT PRIME CONTRACT OR SUSCONTR ACT WifMIN THE PA$f TWELVE MONTH 57 YES NO fif yes, identify beleu.)

IlLIPHONE NUMBER /EKTFN$10N NAME AND ADDRESS OF REVitWING OFFICE AND INQiVIDUAL

11. WILL VOU REOutRE THE USE OF ANY GOVERNMENT PROPERTY IN THE PERFORMANCE OF THIS PROPO5ED CONTR ACT?

\\ Yt$ NO (if yes, identsfy en reserse er seperste page) til DO YOU REOuiRE GOVERNMENT CONTR ACT FlNANCING TO PERFORM THt5 PROPO5fD CONTRACT 7 0 Vis O NO lit it. es >: ADvANCiP^YM<N's PRocti$5 PAYMrN's et O ouARA~'iiD ioANs IV. Do YOU HOW HOLD ANY CONTRACT (Or, de yen Ames any sedapendretly f=nesed (IR6D) projests) FOR THE SAME OR $1MIE AR WORK CALLED FOR BY THis j PROPO5ED CONTR ACT7 Ytb NO (if yen. idensofy ): V. DOES THIS COST

SUMMARY

CONFORM WITH THE COST PRINCIPLES SET FORTH IN AGENCY REGULATION 57 0 NO (if ae. esplain en reterse er separese page) Ytb See Rec rie fer lastrnsiness ned l'eetnotes OPTIONAI. FORM 60 (10-71) j 2 D Q1 T Q a 6 2. ei cro: 33;2 0 4so-2E9 OPilON AL IORM 60 (10-71) 4 v

i CONTRACT PRICIN3 PROPOSAL ottice of Mananernent and liuager (RESEARCH AND DEVDOPMENT) Approvsl No. 29-ROl84 This form is foe u w when sia.uhmi inn of re=, or ncir&..,iece s.,e FPH l.4 san 7.4 % i. eenoircel and l e INSTRUCTIONS TO OFFERORS

1. The purpose of this form is so provide a standard format by which

3. When atta(hment of supporring c oin or pri<ing data no this form is the oferor submits so she bosernment a summary of incurred and impracticable, the data mall be desc rehed (with nhedules as appupriate).

estimated costs (nnd ars.uh,d support,ng Inform,t,eef suitable for de. and made available to the contrunng oener or hn reprewnianse upon sailed reyiem and analysis. Prior to the a ard of a contract resulemg request. from shes proposal the o#cror shall, under the conditions stated en E PR I.tsot.) be required so submit a Certificare of Current Cens or

4. The formats for the "Cos Flements" and the "Propowd Contrus Pruang Data 1%ee IPR I 3.807 3(h) and I.3 807 4).

Estimare" are nos intended as rigid requ remento These may be pre-sented in di6erent forman with the prior approsal o( the Contrat:ing

2. In addition to the specific informatica required by this form, the Oduer if required for more cKettive and eRuient presentation. In all o5eror is espnred, in good faith, to incorporate in and submst mich other teipects ihn form will be compleerd and submitted without ihn form any additioned data, supporting schedules, or substannasion change.

m huh are renonably required for the conduct of an appropriate re-view and analysis m the hght of the specific facts of this procurement. S. By submi.sion of ihn proposal the oseror grants to the Contrusing For efecove negonations, is n essennal that there be a clear under. 06act, or his authorised represensative, she right to esamine, for the standing of; purpose of venfying the cost or prking data submitted, show books, enords, documents and asher supporting data w hich mill permas ade

a. The esonng, verifiable data.

quase evaluation of suc h cost or prising data, along u nh the compuna-

b. The judgmental factors applied in protecting

• rom 16nown dat, isons and proiccrions used therein. This right may be esertswd m con-so the einemate, and nnaion with any negonations prior so contrue award.

c. The connngen< ses uwd by the oKeror in his propowd prue.

In short, the oferor's esumatmg proten inelf needs to be duclowd. FOOTNOTES I inter se thn n/ame chose mesenary and reasonable cents abish se the 3 Indnate the rates used and prooide no appropriate esplanation. Irhere judgment of the oferer u tilproperly he insurredin the epsseus perform.ame agreement has bere reashed u nth Genernment representarnes en the_de theme of the seerrect. 59 hee any of the sests in this solume base already been foru ned prisseg rates. deurshe the nature of the agreement. Proo r secarred (a g.. en a letter centrast er thange er.ler). Jrurohr them em an method of comparation and appinatoen of your eurrhead esteme, imladmg anschad wpporting uhedule. Identofy all sales and transfers beturae year sent breakdeu n ned shouing trends ned budgetary data es necessary to plants, doo rnens, er erg.neizations unrJer a ammen sentrol. uhish are in. preside a basis for ennia.utsee of the reasonablueen of proposed rates. sinded at other th.oo the louer of nst ce the ersgmorf transferrer er surrent market prue. 4 If the total se>I entered here is in euen of $2w. Preside en a superate page the follouing inferuration en each seperate i em of repity or furene 2 il bee spast in addorne to that asadable in bhobit A is required, at-fre; anner ned address ofli awwr; date oflicense agreement; patent une-ta< h sepa rate p.oge as nosessary and identify se thn " Reference" celame hers, patent applicarne serial anebers, or other hans en u hish the rey.olly the attachment te u bish Ibo inferonetoon supporting the spropc cost element is payab(e; brief Jeuription, imisding any part er model anmhers of each map be fened. No standard format is preuruhed, hourser. the test er pris. 4,etraat item er component en u hish the revalry is payable: Perseebog* *r mg einen mmt be assurate, amplete ared surreur nad the judgmeet fassers deller rate of reynity per unot; moit prise of contract stem; number of used ** projettmg from the d.ot.o se the estimates marst be stated in suffinent units; ned total dellar amount of reynttoes. In addonen, of spenfsally re-desnol to enable the Centratting Upner ce eunlunte the protesel. For es. quested by the centracting efser, a upy of the surrent furese agreement neple, preside Ihr basis used for prismg materiale such ne by evader que. ned idennjisation of appinable slaims of speafc patents shall be presided. Lenoes. shop ennmates. er oneone prnen; the vennen for me of enerhand resti enhuh depart signo)isaerly frem esperoemed rates f reds.ed solume, n p,,,id, e gne,f p,imipat ite,, u.etha each enregory induerms kneuw pl. owned mejor re arrangemaet. roc.); er jmrofserien for no insrease on er enturpared nurse, quauntp. sust prue. tempetinee obtained and b.nis labor veier (nornop.rted u age and salare omreases etc.). Identify and es of estabinbing seurse ned reannableness of cess. pinse ney sentiegreuen uhnh nre imladed on the proponed prise, smh as netssipated ceser of rejests ned defestine uerk. er nelinpared conheuel dof cultors. CONTINUAflON OF Ehrt4tf A-$UPPORTING $CHEDULE AND HPLif $ TO QUESTION $ 11 AND V. t oo '%\\ i O k he 3w ) R \\ u, 3 GirTIONAL FORM 60 (30 73)

O I 1 1 1 1 I l I l l L CPO : 39U o. 460-269 UI'IION AL IORM 60 (30 73) L 1}}