ML19318A017
| ML19318A017 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/1979 |
| From: | NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| References | |
| CON-NRC-08-80-338, CON-NRC-8-80-338 RS-OIP-80-338, NUDOCS 8006170732 | |
| Download: ML19318A017 (152) | |
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r SECTIQ1 B - COttnUci IGH & REPRESMATIO1S, CERTIFICATIOU;, AND 01HER"
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STATExc7PS CF umKR REPRESENTATIONS, CERTIFICATIONS AND ACKNOWI.EDGMENTS pace 2 REPR ESENTATIONS (CFeck or complete att apotecable boaes or blocks./
i The af feror represents as part of his offer that:
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SMAl,L SUSINESS (See oar. f 4 on SF 31AJ He C is, d is not, a small business concern, if offeror is a small busaness concern and is not the manufacturer of the supplie 1.
he also represents that all supplies to be fumished hereunder O will,C will not, be manuf acturered or produced by a small business con 1
in the United States,its possess.ons,or Puerto Rico, 1
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MINORITY BUSINESS ENTERPRISE e;
He C is, D is not, a mmority business enterprise. A minonty bustriess enterpr:se as defined as a **busmess, at least 50 perce 2.
T is owned by mmority group members or,in case of pubiscly owned bussnesses, at least 51 percent of the stock of which is owned by mi pre up members." For the purpose of this definition, minority group members are Negroes..Soanish40 easer g American persons.
American4reentals, American Indians, American Eskimos,and American Aleuts, r
REGULAR DEALER = MANUF ACTURER / App /, cable only to supply contracts exceedmg $10.000.7 3,
He is a O regular oester in O maiufacturer of, the suppines offerecl.
m CONTINGENT FEE ISee par. IS on SF 31A.I 4.
tal He O has, El has not, empboved or retained any company or persons (other than a full time bona fide employee working so the g/teror/ to solicrt or secure this contract, and (b) he O has,$ has not, paid or agreed to pay any cornpany or person (other than a fu//.
rame bona fiae employee workmg solely for the o//eror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from L
die award of this contract: and agrees to furnish information relating to (a) and (b) above, as recuested by the Contracting Officer.//nreram-t:rion of the vrpresentatnon, including the term ** bona fide employee,"see Code of Feders/ Regulations, 7"itle 41, Subpart 1 1.5)
TYPE OF SUSINESS ORGANIZATION 5
Me operates as O an individual,O a partnership,3 a nonprofit organization O a corporation, incorporated under the laws of t VennSylvania og L
AFFILI ATION ANO IDENTIFYING DATA'(Applicable enty to advertisef so//ci ations.1 Each off eror shall complete (al and (b) if acclicable, and (c) below:
(al He C is, El is not, owned or controtted by a parent company,(See par.16 on SF JSA./
(b) If the offeror is owned or controlled by a parent company, he shall enter in the blocks below the name and main office addres he perent cornpany:
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same=rsoweaaresaeso sci ses%ovsa e notataricalo.e easesoameset aam er sa as nas osseaos s a e no 23-1370501 EQUAL OPPORTUNITY la) He 3 has. O has not, participated in a previous contract or subcontract subject either to the Ecual Ooportunity clause herein or Order No.
, me clause originally contained in section 301 of Executive Order No.10925, or the clause contained in Section 201 of Executsve 11114i that he E has, O has not, filed ali required compliance reports: and that representations indicating submissior of reavared compliai reports, signed by proposed sJbcontractors, will be obtained prior to subcontract awards. (The above representat on need not be subm connection with contracts or subcontracts which are exempt frt,m the equal ooportunity c!ause.1 lb) The bidder for offeroci reoresents that (Il he O has devetooed and h:.s on file, O has not developed and does not have on file. at j
- ch establishment affirmative action programs as reavired by the rules and regulations of the Secretary of Labor (41 CFR 601 and 60-21 or (2) he O hos not previovity had contracts subject to the writion affirmative action programs requirement of the rules and regulations of the Secretary at Labor, tThe above representatoon ahatt be comptered by each bidder for offerorf whose brd (offeelis 350.000 or inwe and who
$0 or e.m empeoyeen,1 CERTIFICATIONS ICneca or comotore att econcaose Domes or blocks!
1.
BUY AMERICAN CERTIFICATE eacn end product, except the end products listed below, is a domestic er.d product (as defined The offeror certifies as part of his offer, thet:
in the c/eime entitled " Buy American Act"); and that components of unknown origin have been considered to have been msned, produced, or manuf actured outside the United States, cov=rns oronioes sichto suo reoowts NONE l
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'"rrICN B - CCCRTCf FOP!1 ti REPRESETTATIRS, t 1.wICATICNS, NO OTHER RFP RS-0! P-80-33_8 S*A rmrs oc* GTEnott (contLM Pane 3 CLEAN AIR ANO W ATER (Aopticable at the bro or offer escords $100.000 of the contracting officer has detrimaned tnar orcer 2,
or a facshty to be used has been the subject of a convoctoon under an onorfmote quantity contract on any year will escrec $100,000, unoer the Clean Aor Act M2 US.C 1857c.8tcill])st the feceral Water Pollutical Control Act (33 L*.S.C1319 fell and os listed by EPA or os not otherwise esemptj The b.eder or offeror certifies as follows:
(a) Any facility to be utilized in the performance of this proposed contract C has C has not, been listed on the Environmenta Pctection Agency List of Violating Facihtaes.
lb) He will promptly notify the contracteg officar, prior to award.of the receipt of any communication from the Director, Offic Feceral Activities Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of the contract is under consideration to be listed on the EPA list of Violating Facilities, (c) He will include substantially this certificatun, incruomg this paragraph ic), in every nonemempt subcontract.
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (See par.12 on SF JJ-Al By suormsuon of this offer, the offerot certifies, and in the case of a joint offer, eacn party thereto certifies as to its own 3,
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orgnitatet,9, that in connection with this procurement:l'8 The practs in this offer have been arrived at independe purpose of restrictmg competition, as to any matter relating to such prices with any other offeror or with any competitor; (2) Unless otherwise recuired by law, the prices which have been cuoted in this offer have not been knowingly disclosed by t gff eror and will not knowingly be disclosed by the off eror prior to opening in the case of an advertrsed procurement or prsor case cf a negotiated procurement, directfy or indi*ectly to any other offeror or to any competitor; and (3) No attemot has been made or will be made by the offeror to induce any other person or firm to submit or not to submi an t
af fer for that purpose of restrictmg competition.
(b) F.ac*i person segning this offer certifies that:
- 11) He is the presors in the offer. t organization responsible within that organization for the decision as to the prices being af fired herein and that he ha. not participated, and will not participate,in any action contrary to (a)(tl through (a)(3), above;or (2) li) He is not the person in the offeror's organization responsible within that organisation for the decision as to the prices being offered herem t$ut that he has been authorized in writmg to act as agent for the persons responsible for sucti decision in cer such persons have not participated and will not participate,in any action contrary to (a)(1) through fa)(3) above, and as their agent does hertov so certif y; and liil he has not participated, and will not participate,in any action contrary to (a)(1) through (ali3) above, CERTIFICATICte OF NONSEGREGATED FACILITIES (Appilcab/s to (11 contracts, (2) succontraca, and (J/ agreements with b
aophcants who are themselves performmg receratty assisted sonstructron contracts, escreamy $10.C00 which are not esempt'from t prowsrons of the EqualCpoortuniry clauseJ By the suomession of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not rnaintain or provide fo employees any segregated facilities at any of his estabbshments, and that he does not permit his employees to perform their servic kcation under his control, where segregated facihties are maintained.He certifies further that he will net maintain or provide f or his em ees any segregated f acilities at any of his estabbshrnents, and that he will not permit his employees to perform their services under his control, where segregated f aolities are maintained. The bidder, offeror, apolicant,or subcontractor agrees that a breacti of th tilication is a violation of the Ecual Opportunity clause m this contract As used in this certification, the term ** segregated f acilities** me any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areat, tame clocks, locker rooms and other stora cresung areas, parking lots, drinking fountsms. recreation or entertainment areas, transportation, and housmg facilities prov emplovws which are segregated by emphcit directive or are in fact segregated on the basis of race, color,rehgion or national origin, becaus af haost, local custom, or otherwise. He further agrees that (except where he has cbtamed identical certifications from proposed suhaontractors for spacafic tirne periodst he will obtain identical certifications from proposed subcontractors prior to the award of sutxemracts encevoing $10,000 which are not esempt from tne provisions of the Equal Opportunity clause; inar he will retain such rzetitMJfions in his files; and that he will forwaffl the following notice to suCtt proposed subcontractors fear.Tpt where the proposed tuticuntractors have submitted identical testif ecwons for specific time periodsl:
Nerice to prospectiva subcontractors of sequirement for certifications of r onsegregated f acilities.
A Certification of Nonsegregated Facihties must be submitted prior to the award of a subcontract exceeding $10.000 which is not enmot from the provisions of the Ecual Ocportunity clause. The certification may be subtnitted either for each subcontract or for all suoosntracts during a period (i.e., cuarterly, semiannually, or annually). NOTE: The penetty /or making false offers as prescrec US C 1001.
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o^Ys ACXNOWI.EDGMENT OF AMEN 0MENTS he orWor acnaowieoges receet of ameaa-n' eats to tne Sobcstaten for offers and togtee ootwmeats numeews ano daies as fosowe:
NO(L Otters must ser forta futi, accurate anc comporte mformatron as recuorest by this Schcstarro's lanctuomp attxnm
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RFP RS-0IP-80-338 page 4 g
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Representations Certifications, and Acknowledgements Continued From S 33 (page 3)
B. 5.
WO:%N-0WNED BUSINESS _
The business is Concern is C is not 6a woman-owned business.
yes publicly owned, a joint stock association, or a business trust The business,isgcertified Gnot certified.
no.
A woman-owned business is a business which is, at least, 51 percent or women. Controlled is owned, controlled, and operated by a woman Operated defined as exercising the power to make policy decisions.
is def.ined as actively involved in the day-to-day management.
For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted.
Exempted businesses may voluntarily represent that they are, or are not, woman-owned if this infonnatic. is available.
B. 6.
PERCENT OF FOREIGN CONTENT _
The offeror / contractor will represent (as an estimate), immediately af ter the award of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent is acceptable ).
f NON-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12 B. 7.
d The offeror hereby certifies as follows:
h (a) In the perfonnance of Tederal Contracts, he and hissub ment, advancement, or discharge of employees or in privileges of connection with the tenns, conditions, or their employment, discriminate against persons because of their age execpt upon the basis of a bona fide occupational retirement plan, or statutory requirement, and f
j That contractors and subcontractors, or persons acting g(b) on their behalf, shall not specify, in solicitations or t
advertisements for employees to work on Government contracts a maximum age limit for such employment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan, or statutory requirement.
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RFP RS-0!P-80-338 Page 5 i
SECTION B - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS 0F OFFEROR (Continued)
B.8 UTILIZATION OF MINORITY BUSINESS ENTERPRISE (FPR 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, ircluding all subcontracts thereof, are to be performed entirely outside the United States, its possessions, and Puerto Rico, and (2) contracts for services which are personal in nature.
1.
It is the policy of the Governmpnt that rdnority 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'initfon, 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.
B.9 UTILIZATION OF SMALL BUSINESS CONCERNS (FPR 1-1.710-3) a.
The Utilization of Small Business Ccncerns clause shall be included 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 Busin,ess Concerns.
2.
The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor finds to be consistent with the efficient performance of this contract.
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RFP RS-0IP-80-338 Page 6 SECTION 8 - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS OF OFFEROR (Continued)
P B.10 COST ACCOUNTING STANDARDS (Applicable only to negotiated contracts exceeding $100,000 except when:
see Federal Procurement Regdlation, Temporary Regulation 44 dated March 29, 19,78.)
A.
It has been determined by the contracting of ficer or his duly authorized reoresentative that this requirement /~7 is
@ is not in support of the national defense pursuant to 4 CFR 331.20(b).
B.
If it has be'en determiaed 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 AND CERTIFICATION -
Any contract in excess of $100,000 resulting from this solicitation except (i) when the price negotiated is based on:
(A) Established catalog or market pr, ices of commer~cial items sold in substantial quantities.~in e the general public, or (B) prices set by law or regula-tion; (ii) contracts awarded to small business concerns (as defined in 1-701.1 of the Armed Services Procurement Regula tions or FPR 51-A.701-1); or (iii) contracts which are otherwise exempt (see 4 CFR 331.30(b)) shall be subject to the requirements of the Cost Accounting Standards Board.
Any offeror subm,itting a proposal, which, if accepted,~ will result in, a contract subject to the requirements of the Cost Accounting Standards Board must, as a condition of contracting, submit a Disclosure Statement as required by regulations of the Board.
The Disclosure Statement must be submitted as a part of the offeror's proposal under this s.olicitation (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 exceede~d the monetary exemption in his cost accounting period immediately preceding the cost accounting period in which this proposal was submitted but, in accordance with the regulations of the Cos t 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 pricing of this proposal (see IV); below)';
RFP RS-0IP-80-338 Page 7 SECTION B - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS OF 0FFEROR (Continued) j'.E B.10 COSTING ACCOUNTING STANDARDS (Continued)
(iv) post-award submission has been authorized or by the Contracting Of ficer.
See 4 CFR 351.70 for submission of cop'y of Disclosure Statement to the Cost Accounting Standards Board.
CAUTION:
A practice disclosed in a Disclosure 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.
/
/
I.
CERTIFICATE OF CONCURRENT SUBMISSION OF 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:
(i) original and one copy to the cognizant contracting officer (Administrative Contracting Officer (ACO), see DOD Directoty of' Contract Administration Components (DOD 4105.59H)); 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 in the Disclosure Statement (s).
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II.
CERTIFICATE OF MONETARY EXEMPTION The off eror hereby certifies that he, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated na tional defense prime contracts and subcontracts subject to Cost Accounting Standards totaling more than 510 million in his cost accounting period immediately preceding the period in which this proposal was submitted.
The offeror further certifies that if his status changes prior to an a' ward resulting from this proposal, he'will advise the contracting of ficer immediately.
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RFP RS-0!P-80-338 Page 8 SECTION B - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS
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OF 0FFEROR (Continued) 37 B.10 COST ACCOUNTING STANDARDS (Continued)
CAUTION:
Offerors who submitted a Disclosure Statement under the filing requirements previously established by.the Cost Accounting Standards Board may claim this eiemption only if the dollar volume of CAS covered national defense prime contract and subcontract awards in their preceding cost accounting period did not exceed the 510 million threshold and th'e amount of this award will be less than $10 million.
Such offerors'will continue to be responsible for maintaining the Disclosure Statedent and following the disclosed practices on cas covered prime contracts andysubcontracts awarded during the period in which a Disclosure Statement was r equired.
/ /
III.
CERTIFICATE OF INTERIM EXEMPTION The offeror hereby certifies that (i) he first exceeded the monetary exemption for disclosure, as defined'in (II) above, in this cost accounting period immediately. preceding.the cost accounting period in whick this proposal was submitted, and (ii) in accordance with the regulations of the Cost Accounting Standar'os Boa'rd ( 4 CFR 351. 4 0 ( f ) ), h e is n o t y e t r e qu ir,ed, to submit a Disclosure Statement. ' The off eror further ceritifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, he will immediately submit a revised certificate to the Contracting ' Officer, in the form specified dnder (I), above or (IV), below, as appropriate, to verify his submission of a completed Disclosure " Statement.
CAUTION:
Offerors may not claim this exemption if they are currently required to disclose because they were awarded a CAS covered national defense prime contract or subcontract of 510 million or more in the current cost accounting period.
Fur ther, the exemption applies only in connection with proposals submitted prior to expiration of the 90 day period following the cost accounting period in which the monetary exemption was exceeded.
O IV.
CERTIFICATE OF PREVIOUSLY SUBM'TTED DISCLOSURE STATEMENT (S)
.The offeror hereby certifies'that the oisclosure Statement @) were filed as follows:
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RFP RS-0IP-80-338 Page 9 SECTION B - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS OF OFFER 0R (Continued)
B.10 COST ACCOUNTING STANDARDS (Continued)
Date of Disclosure Statement (s):
Name(s) and Address (es) of Cognizant Contracting Officer (s) (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 in the Disclosure Statement (s).
(2)
COST ACCOUNTING STANDARDS - EXEMPTION FOR CONTRACTS OF $500,000 OR LESS If this proposal is expected to result in the award of a contract of $500,000 or less, the offeror shall.
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 the Cost Accounting Standards clause 'or that the offeror elects to comply with such clause.
/
/
The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 4 CFR 331*.30(b)(8) and certifies that he has received notification of final acceptance of 'all deliverable items on (i) all prime contractors or subcontracts in excess of 5500,000 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 clause.
The offeror further ' certifies he will immediately notify the Contracting Officer in writing in the event he is awarded any other contract or subcontract containing the Cost Accounting Standards clause subsequent to the date of this certificate but prior to the date of any award resulting from this 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 elec.ts to do so, he shall indicate by checking the box below.
Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting
-Practices clause in~1ieu of the Cost Accounting Standards clause.
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RFP RS-0!P-80-338 Page 10 SECTION B - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS OF OFFEROR (Continued) 9
- B.10 COST ACCOUNTING STANDARDS (Continued)
/
/
The offeror hereby claims an exemption from the Cost Accounti,ng. Standards clause under the provisions of 4 CFR 331.30(b)(2), and cer tifies tha t he is eligible for use of the Disclosure ~and Consistency of l
Cost Accounting Practices clause because (i) during his cost accounting period immediately proceding the period i
in which this proposal was submitted, he received less than 510 million in awards of CAS covered national -
i defense prime contracts and subcontracts, and (ii) the sum _of such awards equaled less than 10 percen't of his total _ sales during that cost accounting period.
The offeror further certifies that if his status changes prior to an award resulting from this proposal, he will advise the contracting officer immediately.
CAUTION:
Offerors may'not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a contract of S1'0 million or more, or if, during their current cost accounting period, they have been awarded a sing 1,e CAS-cnvered national defense prime contract or subcentract of $10 million or more.
(4)
ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS The offeror shall ir.dicate below whether award of the contemplated contract would, in accordance with paragraph (a)(3) of the Cost Accounting Standards d
clause, require a change in his established cost accounting practices affecting existing' contracts and subcontracts.
/
/
YES
/~El NO NOTE:
If the offeror has checked "yes" above, and is awarded the-contemplated contract, he will be required to comply with the Administration.
of the Cost Accounting Standards clause.
C.
If it has been determined that this requirement is not
.in support of the' national defense, complete this Section.
(1)
COST ACCOUNTING STAN0ARDS ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is eligible to use the modified provisions of 4 CFh 332, and elects to do so, he shall 1
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RFP RS-0ZP-80-338 Page 11 SECTION B - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS OF 0FFEROR (Continued) fry..,
8.10 COST ACCOUNTING STANDARDS (Continued) 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 Standards clause.
-/
/
The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions cf. 4 CFR 331.30(b)(2), and certifies that he is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (i) during his cost accounting period immediately preceding the period in which this. proposal was submitted, he received less than 510 million in awards of CAS covered national defense prime contracts and subcontracts, and (ii) the 4
sum of such awards equaled less than 10 percent of
.his total sales during that cost accounting period.
The offeror further certifies that if his status changes prior to an award resulting from this proposal, he will advise the contracting officer
}
immediately.
CAUTION:
Offerors may not claim the above eligibility for modified contract co.verage-if this 4
proposal i:s expected to result in the award of a contract of Slo million or more or if, during their current cost accounting period, they have been awarded a single CAS-covered national defense prime contract or subcontract of $10 million or more.
(2). COST ACCOUNTING STANDARDS CERTIFICATION.-
NONDEFENSE APPLICASILITY Any' negotiated contract in excess of $100,000 resulting from this solicitation shall be subject to j
the requirements of the clauses entitled Cost 1,
Accounting Standards - Nondefense Contract (FPR S 1-3.1204-2(a)) and Administration of Cost Accounting Standards (FPR S 1-3.1204-1(b)) if it i
is awarded to a contractor's business unit that is performing. a national defense contract or subcontract which is subject to cost accounting standards pursuant to.4 CFR 331 at the time of award, except contracts which are otherwise exempt (see FPR 51-3.1203-2(a)
'and (c)(4)).
Otherwise, an award resulting from this solicitation shall-be subject to the requirements of the clauses entitled Consistency' of Cast Accounting Practices - Nondefense Contract (FPR S 1-3.1204-2(b))
and Administration of the Cost Accounting Standards
.(FPR SI-3.1204-1(b))Lif the award,is (i) the first n
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RFP RS-0!P-80-338 Page 12 SECTION B - CONTRACT FORM !. REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS OF 0FFER0R (Continued)
\\1 B.10 COST ACCOUNTING STANDARDS (Continued) negotiated contract over S500,000 in the event the award is a contractor's business unit that is not performing under any CAS covered national defense or nondefense contract or subcontract / or (ii) a negotiated contract over $100,000 in the event the 1
award is to a contractor's business unit that is
{
performing under any CAS covered national defense or nondefense contract or subcontract, except contracts which 're otherwise exempt a
(see FPR S 1-3.1203-2(a) and (c)(4)).
This solicita. tion notice is not
~
applicable to small business concerns.
Certificate of CAS Applicability The offeror hereby certifies that:
A.
/
/
It is currently performing a negotiated national defense contract or subcontract that contisihs a Cost Accounting Standards Clause (4 CFR 331), and it is currently required to accept that clause in any new negbtiated national defense contracts it receives that are '
su bj. e ct to cost accounting standards.
l B.
/
/ It is curr,ently performing a negotiated national defense or nondefense contract or subcontract that contains a cost accounting 1
standards clause required by 4 CFR 331 or 332 or, by FP3 Sub'part 1-3.12, but it is not required to accept the 4 CFR 331 clause in new negotiated national defense contracts or' subcontracts which it receives that are subject to cost accounting 1
standards.
C.. /~~7 It is not performing anys CAS covered national diffense or nondefense contract or subcontract.
The of f eror further certifies tha t it will immediately notify the contracting officer in writing in the event that it is awarded any negotiated national defense or nondefense contract or subcontract containin'g a'ny' cost accounting s'tandards clause subsequent tos the date of this certificate but prior to the date of the award of a contract resulting from this solicitation.
D.
/
/
It is an educational institution receiving contract awards subject to FPR Subpart 1-51.3 (FMC 73-8,'ONS Circular A-21).
/ X / It is exempt under FPR l-3.1203. (No defense contracts in excess of $500,000).
RFP RS-0!P-80-338 Page 13 SECTION B - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS L~
OF OFFER 0R (Continued)
B.10 COST ACC0UNTING STANDARDS (Continued) l E.
/7 It is a State or local government receiving i
contract, awards subject to FPR Subpar t 1-15.7 l
(FMC 74-4, OMB Cir cular A-8 7).
l T.
/
/
It is a hospital.
NOTE:
Certain firm fixed price negotiated nondefense contracts awarded on the basis of price competition "may be determined by the Contracting Officer (at the time of award) to be exempt from cost accounting standards (FPR S 1-3.1203-2(c)(4)(iv)).
Additional Certification - CAS Applicable Offerors G.
U The offeror, subject to cost accounting standards but not ~ certifying under D, E, or F above, fur ther cer tifies th'ct practices used in estimating costs in pricing this proposal are consistent.with the practi.:rs discussed in the Disclosure Statement (s)
>ere they have been submitted persuant to CA5B regulations (4 CFR 351).
Data Required - CAS Covered Offerors j
The Offeror certifying under A or B above but not under D,
E, or F above, is required to furnish the name, address (including agency or department component); and telephone number of the cognizant contracting officer administering the offeror's CAS-covered contr acts.
If A above is c.hecked, the offeror vill also identify those currently effective cost accounting standards, if any, wFich upon award of the next negotiated national defense contract or subcontract will become effective upon the offeror.
i Name of CO:
Address:
Telephone No.:
Standards not yet applicable:
0
RP RS-0!P-80-338 Page 14 SECTION B - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS OF OFFER 0R (Continued) p.
B.11 AUTHORIZED NEGOTIATORS Offeror shall furnish names' and telephone numbers of personnel authori.ed to conduct negotiations and hold technical discussions under this solicitation:
R. F. Lovelace, Contracts Administrator 215/448-1303 (hame - Contractual Matters)
Telephone No.
J. R. Stover, Vice President, FRC 215/448-1217 (Name - Contractual Matters)
Telephone No.
Bonnie C. Talmi, Oak Ridge Office 615/482-6922 (Name - Technical Matters)
Telephone No.
B.12 AVAILABILITY OF TELECOPIER Automatic X
Telecopier No. 215/448-1296 Non-automatic Verification No.
B.13 MAILING ADDRESS FOR PAYMENT Offeror sha.11 indicate below the address to which ntyment should be mailed, if such address is different from that shown in Block 17, Page 1 for.the offeror / contractor.
Office Street Ci ty State Zip Code b
i 1'.
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RFP RS-0IP-80-338 Page 15 SECTION B - CONTRACT FORM & REPRESENTATIONS, CONDITIONS & OTHER STATEMENTS OF 0FFEROR (Continued)
\\;.:
B.14 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST '
I represent to the best of my knowledge and belief that:
The award to The Franklin Institute of a contract or the modification of an existing contract does (
) or does not ( x ) involve situations or relationships of the type set foirth 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 *onflicts exist, the offeror shall provide a statement in writing which.dascriM s in a concise manner all relevant facts bearing on his repre;ent.; ion to the Contracting Officer.
If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken:
(1)
Impose appropriate conditions which a' void such conflicts, (ii) disqualify the offeror, or (iii) detennine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 5 20-1.5411.
The refusal to provide the. representation required by 9 20-1.5404(b) or upon request of the Contracting Officer the facts required by 5 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 hereir.
with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitte,d to co'rrect the omission.
Any contract resulting f, rom a solicitation requirement shall include general prohibiting contradtors from engaging in clauses (41 CFR 20-1.5404-1) relationships which may give rise to an actual or, apparent conflict of interest.
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included as Attachment M.l.1.
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Page 16
"" " 3 "*
SECTION C SSUCITATIGN INSTRUCTIGNS AND CONDITIONS submitted in response to a sclicitation requiring receipt of bids by the I C EFINITIONS.
20th of the month must have been mailed by the,15th or carrer); nr As t' sed hereiru (2) It was sent by mail (or telegram if authorned) and it is deter.
(c) The term " solicitation ** means Insitation for Ilids (IFB) where handi, by the Government that the late reccept was due solet. to rnis mined th*e procurrrnent is adsertised, and Request for Proposal (RFP) where mg by the Government after receipt at the Government mstallation.
thr prm urement is negotiated.
(b) Any modincr ion or withdrawal of a bid, is subject to the same (b) The term "c,ffer" means bid where the procurement is advertised, c nditioks as in (a),7 ove. A bid may also be withdrawn in person by a b
end pr:posal where the procurement is negotiated.
bidder or his authorized representative, provided his identity is made (c) For purposes of this solicitation and E!ock 2 of Standard Form 33, known and he signs a receipt for the bid, but only if the withdrawal is the term dscrtised" includes Small Business Restricted Advertising and made prior to the exact time set for receipt of bids.
s.thir t>pe. 4 restricted advertising.
c) The only acceptable evidence to establish:
- 1) The date of. mailing of a late bid, modification, or withdrawal
- 2. PREPARATION OF OFFERS, sent either by registered or certified mail is the U.S. Postal Sersice post.
(c) Oderors are expected to examine the draw. mss, specifications, mark on the wrapper or on the original receipt from the U.S. Po<tal Serv.
Schedule and all instructions. Failure to do so will be at the offeror's ice. If neither postmark shows a legible date. the bid, modi 6 cation, or rA withdrawal shall be deemed to have been mailed late. (The term " post.
(b) Eas o6eror shall furn. h the information required by the solics..
mark" means a printed, stamped, or otherwise placed irnpression that is readily identifiable without further action as having been supplied t:tior.. The oNeror shall sign the solicitation and print or type his name on thr Schedule and each Continuation Sheet thereof on which he and af5xed on the date of mailing by employees of the U.S. Postal mikis an entry. Erasures or other changes rnust be initialed by the person 3,,,;ce,)
agent are to be accompanied by evi-(2) The time of receipt at the Government installation is the time-signing the offer. OfTeri signed by an,dence has been previously furmshed date stamp of such installation on the bid wrapper or other dxumen-dinee of his authonty unless such cu ta the issu ng ofhce.
tary evidence of receipt maintained by the installation.
sh.Il,melude pack,for ach unit offered shall be shown and such pr.ing unless otherwise speciSed. A t;tal shall be entered tion of an otherwise successful bid which makes its terms more favorabic (d) Notwithstanding (a) and (b) of this provision, a late rnodiSca-(c) Unit price ice it the Amount colurnn of the Schedule for each item o5ered. In case of to the Government will be considered at any time it is receised and may discrepancy between a unit pric,e and extended price, the unit price will be accepted.
be presumed to be correct, subject, howeser, to correction to the same B. LATE PROPOS ALS, MODIFICATIC'N5 OF PROPOS ALS, AND WITH.
suent and m the same manner as any other mistake.
DRAWALS OF PROPOSAL 5.
(d) ONers for supplies or services' other than those sperined will not be considered unless authorized by the solicitatiori.
(a) Any proposal received at the office designated in the soIIcitation (e) O:Teror must state a definite time for delivery of supplies or for af ter the exact time specified for receipt will not be considered unless it is performance of serdces unless otherwise specined in the solicitation, is receised before award is made, and:
(f) Time, if stated as a number of days, will include Saturda>s, Sun.
(1) It was sent by registered or certined mail not later than the fifth dus and hol. days.
calendar day prior to the date specified for receipt of ofTers (e.st., an offer (g) Code bones are for Covernment use only, submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th or earlier);
- 3. EXPLANATION TO OFFEROR 5. Any explanation desired by an offeror (2) It was sent by mail (or telegram if authorized) and it is deter-regreding the meaning or interpretation of the solicitation, drawings, mmed, by the Government that the late receipt was due sole!v to rms.
handhng by the Government af ter receipt at the Government mita11ation; specifications, etc., must be requested in writing and wit) sufficient time or cllowed for a reply to reach offerors before the submission of their (ffers. Oral emplar- *ns or instructions gisen before th? award of the (3) It is the only proposal rece,ved.
i I.r m(b) Any modi 6 cat.on of a proposal cxcept a mod conertet will not be binding. Any information given to a prospective the Contractmg Officer's request for "best and final" offer.,is sub-offeror concerning a solicitation wi!! be furnished to a!! prospective cffernrs as an arnendment of the solicitation, if such information is ject to t'e same conditions as m (a)(1) and (a)(2) of this prov:sion.
(c) A modification resultmg from the Contracting Officer s request for necessary to offerors in submitting offers on the solicitation or if the lack "best and final' offer received after the time and date specified in the of such information would be prejudicial to uninformed off.erors.
request will not be considered unless received before award and the late
- 4. ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS. Re.
' "*'"'.ely t mishandling by the Gosernment after receipt at
"
- I'
'"
- II *
- I "*
ceipt of an amendment to a solicitation by an offeror must be acknowl.
() The date of ma#e w.dence tilmg of a late proposal or modific e nly accept i
establish:
cdged (a) by signing and returning the amendment, (b) on the reverse of Standard Form 33, or (c) by letter or telegram. Such acknowledg.
ngutere r ce mai t e I emce pgmad on die mint must be receised prior to the hour and date specified for receipt of wrapper or on the original receipt from the U.S. Postal Service. If neither
- g "**
postmark shows a legible date, the proposal or modincation shall be deemed to hase been mailed late. (The term " postmark" rneans a
- 5. SUIMISSION OF OFFERS.
printed, stamped, or otherwise placed impression that is reada, identi-(a) Offers and modifications thereof shall be enetoled in sealed fiable without further action as having been supplied and aLed on ensetopre and addrened to the office speciSed in the solicitation. The the date of mailing by emplosres of the U.S. Postal Service.)
oHeror shall show the hour and date speciSed in the solicitation for (2) The time of recciot at the Government installation is the time-receipt, the solicitation number, and the name and address of the offeror date stamp of such installation on the proposal wrapper or other docu-cn the face of the envelope.
mentarv evidence of receipt maintained bv the installation.
(b) Tetrgraphic offers will not be considered unicss authorized by the (c) Notwithstanding (a), (b), and (c), of this provision. a late modiG-solicitation: however, offers may be modined by telegraphic notice, pro.
cation of an otherwise successful proposal which makes its terms more vided such notice is received prior to the hour and date speciGed for favorable to the Covernment will be considered at any time it is receised acceipt. (llowever, see paragraphs 7 and 8.)
acd may be accepted.
(c) Sampics et items, when required, must be submitted within the (f) Proposals may be withdrawn by written or telegraphic notice tim 2 specified end unless otherwise specified by the Government, at no received at any time prior to award. Propmals may be withdrawn m expense to the Gogernment. If not destroyed by testing, samples will be person by an offeror or his authorized represe ntative, provided his identity returnad at nfieror s request and capense, unless otherwise specified by is made known and he signs a receipt for the proposal prior to awasd.
the solicitation.
Note: The term " telegram" includes maih: rams.
Note: The alternate late pro,osals, modification of proposals ar.d
- 4. FAILURE TO SUBMIT OFFER. If no offer is to be submitted, do not withdrawal of proposals provision prescribed by 41 CFR l-3.802-2(b) retura the solicitation unless otherwise specined. A letter or postcard shall be used in lieu of provision 8, if specified by the contract.
should be sent to the issuing office advising whether future solicitations
?. Ol5 COUNTS.
for the type of supplin or services covered by this solicitation are desired.
(a).Notwithstanding the fact that a blank is provided for a ten (101 Frilure et the recipient to offer, or to notify the issuing office that future solicitations are desired, may result in removal of the name of such day discount, prompt pasment discounts c.lfrred for payment withir) less rrcipient from the mailing list for the type of supplies or services covered than twenty (20) calendar days wi!I not be con idered in evaluating by the solicitation.
offers for award, unless otherwise specified in the solicitation. Ilowever, offered discounts of less than 20 dass will be taken if pasment is made within the discount period, even though not considered in the evaluation
- 7. LAf f BIDS, MODIFICATIONS OF BIDS, OR WITHDRAWAL OF BIDS,
- $ connection with any discount offered, time will be computed (t) Any bid receised at the office designated in the solicitation after
(
the me time specified for reuipt will not be considered unless it is from date of delivery of the supplies to carrier when delivery and accept-seceised before award is snade and either:
(1) It was sent by registered or certiRed mail not later than the fifth STAND ARD FORM 33-A (Rev. 7-77) elendar day prior to the date speciGed for the receipt of bids (e.g., a bid Prescribed by GSA, FPR (41 CFR) 2-16.101 n-to s L_
T RH' RS-01P-80-336 Page 17 sites, quintities, unit prices, and esti nded entals. Bill ef ladinc number ance tre at poixt pf'oririn, or from dm of delivery tt destinition or and weight of shipment will be shown for shipments made on Gosern.
port of eniharkation when dihsery and acceptince tre at either of t ose h
points, e.t froi.e the data correct invoice or voucher is received in the ofGce ment bills of ladmg.
.p.. iind by the Gmernment. if the latter date is later than date of deliv.
- 14. SM ALL SU51NE55 CONCERN. A small business con <crn for the ers, l'a> ment is dremed to be made for the purpose of earning the dis.
purpose of Covernment procurernent as a concern, including its afhliates, e.,unt on the date of mailinc of the Government check.
which independently owned and operated, is not dc.minant in the f rid of op5; radon in which it is submittinc offers on Gosernment contracts,
- 10. AWAgD OF CONTR ACT.
t and can further qualify under the criteria concerning num ser of em.
(a) 't he contract will be awarded to that responsible offeror whose Alnerace annual receipts. or other criteria, as prescritied by the oftr e conformmg to the subcitation wil,I be most advantageous to the
[ mall Dusinen Administration. (See Code of Federal Regulations, Title
(,uvernment. price and other factors cons.dered.
13 Part 121, as amended, which contains detailed industry definitions (b) 'I he Government rescases the right so rej.ect any or all offers and
,,'d related procedures.)
to waive mfi rmahties and minor irregular, ties m offers received.
i (c) The Government snay accept any item or group of items of anY
- 15. CONTINGENT FEE. If the offeror, by checking the appropriate boa offer, unless the olie ror quali6cs his offer by specific limitations. UNLESS provided therefor, has r,nresented that he has emplo>cd or retained a OTill.RWISE PROVIDED IN Tile SCl!EDUI.E. OFFERS MAY company or person (other than a full-time bona fide employee working IlE SUllMITIED FOR ANY QUANTITIES 1.ESS TIIAN TIIOSE solely for the offeror) to solicit or secure this contract, or that he has SPECllIED; AND Titl; GOVERNMENT RESERVES Tile RIGitT paid or agreed to pay any fee, $ommission, percentage, or brokerage fee
'8 0 MAKE AN AWARD ON ANY ITEM FOR A QUANTITY LESS to any company or person contingent upon or resulting from the award TilAN Tile QUANTITY OFFERED AT Tile UNIT PRICES OF.
of this contract, he shall furnish,in duplicate, a complete Standard Form FERED UNLESS Tile OFFEROR SPECIFIES OTI,IERWISE IN 119, Contractor's Statement of Contingent or Other Fees. If offeror has 1115 OITER.
previously furnished a completed Standard Form 119 to the o!nce issuing (d) A written award (or Acceptance of Offer) mailed (or otheru,se ih;, sol; citation, he may accompany his offer with a signed statement furnished) to the succruful oneror within the time for acceptance,spect-(a) indicating when such completed form was previously furnished, fied in the offer shall be deemed to result in a binding contract without (b) identifying by number the previous solicitation or contract, if any, :
further attion by cither party.
in connection with which such form was submitted. and (c) representing '
The following paragraphs (c) through (h) apply to negotiated that the statement in such form is applicable to this ofter.
solicitations:
- 16. PARENT COMPANY. A parent company for the purpose of th.is ofter is a cocupany which either owns or controls the activities and basic busi-(el The Government may accept with.m the tirne specified thesc.an.
anc offer (or part, thereof, as provided in (c) above), whether, or not neu pohcies of the oficror. To own another company rnears the parent there are negntiations subwquent to its receipt, unless the offer is with-company must own at Icast a majority (mo e than 50 percent) of the vot-drawn by written notice receised by the Cosernment prior to award.
ing rights in that company. To control another company, such ownership If, subvquent negotiations are conducted, they shat! not constitute a is not required; if another company is able to formulate, determine, or rejection or c,ounter offer on the part of the Government.
veto basic business pcilicy decisions of the offeror, such other company is (f) The right is reserved to accept other than the lowest offer and to considered the parent company of the offeror. This control may be caer.
seject anv or all offers.
cised through the use of dominant minority voting rights, use of proxy (g) The Governrnent, may award a contract, based on..tial offers voting, contractual arrangements. or otherwise.
mi received, w,thout discussion of such offers. Accordingly, each mitial offer i
should be submitied on the most favorable terms from a price and tech.
- 17. EMPLOTER'S IDENTIFICATION NUMBER. (Applicable only to ad.
nical standpoint which the olTeror can submit to the Government.
vertised solicitations.) The offeror shall insert in the applicable space on (h) Ans financial data submytted with any offer hereunder or any the offer form, if he has no parent company, his own E.mployer's Identi-representation concerning facihties or financmg will not form a part of fication Nurnber (E.I. No.) (Federal Social Security Number used on any resultmg contract; provided, however, that if the resultmg contract Eruployer's Quar'erly Federal Tax Return, U.S. Treasury Departrnent contains a clause provedmg for pnce reduction for defective cost or Form 941), or, if he has a parent company, the Employer's Identifica.
pricjng data, the contract price,will be subject to reduction af cost or tion Number oi his parent company.
pricing data furmshed hereunder is incomp!cte, maccurate, or not es.trent.
- 15. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION. (a)
- 11., GOVERNMENT. FURNISHED PROPERTY. No material. labor, or fa-This certification on the offer form is not applicable to a foreign offeroe cilities will,be furnished by the Government unless otherwise provided for submitting an offer for a contract which requires performance or deliv-m the schestation.
cry outside the United States, its possessions, and Puerto Rico.
(b) An ofter will not be considered for award where (a)(1), (a)(3).
- 12. LAIOR INFORM ATION. Cencral information regardiny the require-or (b) of the certification has been deleted or modified. Where (a)(2),'
ments nf the Walsh IIcaley Public Contracts A-t (4I UA C. 35-45)d of the certification has been deleted or modified, the offer will not be th2 Contract Work IIours Standards Act (40 U.S C. 327.130), an considered for award unless the ofTeror furnishes with the offer a signed the Service Contract Act of 1965 (41 U.S.C. 351-357) may be abtained statement which sets forth in detail the circumstances of the disclosure from the Departenent of 1. abor Washington, D.C. 20210, or fra any and the head of the agency, or his designec, determines that such disclo-rrtional ofhce of that agency. Requests for information should inci de sure was not made for the purpose of restricting competition.
the sol c,tation number, the name and address of the issuing agency, and g
i a description of the supplies or services.
- 19. ORDER OF PRECEDENCE. In the event of an inconsistency between provisions of this solicitation, the inconsistency shall be resolsed by giv-
- 13. SELLER'S INVOICES. invoices shall be prepared and submitted in mg precedence in the following order: (a) the Schedule; (b) Solicita.
quadruplicate (one copy shall be marked "orkinal") unten otherwise tion Instructions and Conditions; (c) General Provisions; (d) other specified. Invoices shall contain the following information Contract and provisions of the. contract, whether incorporated by reference or other.
order number (if any), item numbers, description of supplies or services, wise; and (e) the specifications.
9 Q in s.c,se terr.o.2gt. uu m te STANDARD FORM 33-A Beck (Rev. 7-77) k i
RFP RS-0IP-80-338 Page 18 SECTION C - INSTRUCTIONS & CONDITIONS & NOTICES TO 0FFER0RS' (Continued)
E NOTICE OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES C.20 Bidders and offerors are cautioned as follows: By signing this bid or offer, the bidder or offeror will be deemed to have signed and agreed to the provisions of the " Certification of Nansegregated Facilities" in this sclicitation. The certificate provides that the bidder or offeror does not maintain or provide for his employees facilities which are segregated on the basis of race, creed, color, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that he will not maintain such segre5ated facilities. Failure of bidder or offeror to agree to the certification of nonsegregated facilities will render his bid or offer nonresponsive.
NOTICE OF PROPRIETARY INFORMATION C.21 (a) Notice of Proprietary information - Offerors are advised that those portions of the technical proposal which are considered to be proprietary shall be so identified.
In the event the offeror fails to indicate on the title page and each sheet of the proposal what portions of the proposal are proprietary, the NRC assumes no liability for disclosure or use of unmarked technical data and may use or disclose such data for any purpose. The clause set forth in paragraphs b. and c., below should be utilized by the offeror in marking his proposal.
(b) Use and' Disclosure of Data - Freedcm of Information Act Requests -
This data shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed in whole or in part of any purpose othar than to evaluate the proposal; provided that if a contract is awarded to this offeror as a result of or in connection with the submission of this data, the Government shall have the right to duplicate, use or disclose the data to the extent provided in the contract.
This restriction does not limit the Government's right to use information contained in the data if it is obtainable from another source without restriction.
The data subject to this restriction is contained in sheets Our failure to mark the proposal with a legend or otherwise identify and restrict the disclosure and use of data in the proposal shall be interpreted by the NRC as an acknowledgement that the contents of the technical proposal may be released, disseminated, or otherwise disclosed by the NRC pursuant to a Freedom of Information Act request.
(c) Moreover, each sheet for which the offeror desires to restrict disclosure shall be marked with the following legend:
"Use or disclosure of proposal data is subject to the restriction on the title page of this proposal.
I claim that information contained herein is proprietary and shall not be disclosed by the NRC in accordance with Exemption 4 of the Freedom of information Act."
RFP RS-0!P-80-338 Page 19
)
SECTION C - INSTRUCTIONS & CONDITIONS & NOTICES 9'
DISPOSITION OF pRCPOSALS_
C.22 Af ter award of contract, one copy of each unsuccessfu
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(6) conths and unless otherwise notified by the offeror, upon submission of proposal, all other copies will be destroyed.
COMCUCT OF NEGOTIATIONS _
C.23 To facilitiate the negotiations process, if necessary, the offeror i,s requested to list the names and telephone number (s) of person (s) authori:ed to conduct negotiations.
215/448-1303 R. F. Lovelace, Contracts AdministratorTELEPHONE NAME 215/448.-1217 J. R. Stover, Vice President, FRC TELEPHONE NAME RFP IDENTIFICATION C.24
- Also, Mailing envelopes should be marked with the RFP number.
include the RFP number in your cover letter and on each page of d
your tarecosal. The proposal must be signed by an individual empowere
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the organization contractually.
NEE PERICD Because of the time required by the Government to evaluate proposals C.25 adequately, offerors are requested to specify a preposal acceptt.nce period of not less than c0 days.
s C.26 1.evel of Effort _
IT 1/M manvese technical / clerical It is estimated that a one and ona half This estimat.e 3 ht will be reguired for completion of the contract. fu restrictive for proposal purposes.
, judgment in developin9 their proposals.
i COST OF pRCPOSAL PREPARATION C.27 This solicitation doas not comit the Government to pay a or designs for the preparation thereof; n'or to procure or contract It is for the articles or services shown under Section E herein.
also brought to your attention that the contracting Off of public funds in connection with ti e proposed precurement.
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r RFP RS-0IP-80-338 Page 20 SECTION C - INSTRUCTIONS & CONDITIONS & NOTICES T0 (FER0RS(Continued)
C.28 AWARDNOTIFIChTION-All offerors will be notified of their selection or nonselection as soon as possible. Formal notification of nonselection will not be made until a contract has been awarded.
C.29 OTHER CONTRACTURAL COMMITMENTS The offeror shall list any commitments with other agencies, governmental or privatg and indicate whether these commi.tments will or will not interfere with the completion of work and services contemplated under this proposal.
C.30 TYPE OF CONTRACT It is contemplated that a Cost-Plus-Fixed-Fee Contract will be awarded; however, the, Government reserves the right to negotiate and award whatever type contract is determined to be most appropriate.
The offeror may submit an alternate proposal on any other basis considered appropriate in addition to the cost reimbursement type proposal requested herein.
In addition to the special provisions of this request for proposal, any resultant contract shall include the general provisions applicable to the selected offeror's organization and type contracts awarded. Any additional clauses required by Public Law, Executive Order, or procurement regulations in effect at. the time of execution of the proposed contract will be included.
C.31 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 or desired. Legibility, clarity, and completeness are important.
(b)
In order to conduct the evaluation as expeditiously and as comprehensively as possible, the Government desires that offerors respond in accordance with the guidelines set forth below:
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RFP RS-0IP-80-338 Page 21 I
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SECTION C - INSTRUCTIONS & CONDITIONS & NOTICES 70j0FFER0RS (Continued)
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C.31 PROPOSAL PRESENTATION AND FORMAT (Continued)
(b)~ Continued Proposals submitted in response to this Request for Proposal shall be in two.(2) parts:
A " Technical Proposal" and a " Cost Proposal." Submit six (6).
copies of. each. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other. All documents submitted shall have a cover page with the identifying RFP title, the solicitation number, and name of the offeror.
(1) ' Technical Prooosal_ - (See the following Subsection C.32 r
for the 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. It must disclose your technical approach in as much detail as possible including, but not limited to the requirements of the Technical Proposal contents as listed in Subsection C.32.
(2) Cost Proposal
.(See the following Subsection C.33 for specific content requirements.) The contractor shall utilize the Optional Form 60, Contract Pricing Proposal (Research &
Develooment), Attachment 2, in submitting his' cost proposal.
3
Offerors may, however,. submit the necessary information in a different format where the offeror's accounting system i
makes use of the form impractical, or when required for a
- f more effective and efficient presentation of cost information.-
In either instance, the information furnished shall include pertinent details sufficient to show the elements of. cost upon which the total cost is predicated.
Cost will be evaluated on reasonableness, va?'P ty and.
reliability.,
If your records' are currently under audit cogni:ance of a
. Government audit agency, the address ~and telephone of
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that office should be furnished. One (1) copy of.the-s technical and cost proposal shall be submitted by the-offeror to the cognizant Government audit agency concurrent 1
with the submittal of-the proposal to the.NRC.
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C.32-TENNICAL PROPOSAL'CONTENTL t
EThe offero'r shall submit with the technical proposal full and complete? information:in the order. set forth below to permit the-
-Government to make a~ thorough evaluation and a sound determination that the proposed aooroach will have'a reasonable likelihood of
~ ' meeting the requirer.ents and ' objectives 'of this procurement in '..
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- accordance with the evaluation criteria set forth under SECTION D.
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RFP RS-OlP-80-338 Paga 22 SECTION C - INSTRUCTIONS & CONDITIONS & NOTICES TO OFFER 0RS (Continued)
C.32 TECHNICAL PROPOSAL CONTENT (Continued)
Statements which paraphrase the scope of work without comunicating the specific innovation proposed by ths, offeror or statements to the effect that the offeror's understanding can or will comply with the scope of work may be construed as an indication of the offeror's lack of understanding of the scope of work and objectives.
The technical proposal shall set forth' as a minimum the following:
(1) Proposed study aporoach for the total effo,rt providing details and innovations considerably,beyond and in addition to the government supplied work statement.
In particular, the contractor should detail:
The primary (or secondary) data sources that he intends to employ a.
for the study.
b.
A survey plan for the data gathering efforts for Tasks I and II which. reflects his understanding of the possible problems involved.
c.
His degree of access to such data sources and the nature and extent of NRC assistance he believes will be needed to obtain the necessary information, d.
A description of the methods which he proposes to use in Task III, to analyze the adequacy of current information dissemination mechanism and practices.
(2) The contractor's organizational structure and past work related to this' study.
(3) Management structure proposed for this study, with personnel identified by name, resume of education and experience, and fraction of time, by month, to be assigned to this study.
NOTE:
Failure-to discuss any of the above areas may be construed as a' general lack of qualification in that area.
C.33 BUSINESS MANAGEMENT REOUIREMENTS (a) Cost' Proposal Offeror's cost proposal 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 quality, basis of cost estimate.
unit cost and sources of cost.
Labor -
- The basis for the estimated hours broken down by category and task, and the source of labor-rates.
Indirect Cost
- The source and basis of determination of all indirect costs.
RFP RS-0lP-80-338 Page 23 SECTION C - INSTRUCTIONS & CONDITIONS & NOTICES TO OFFER 0RS (Continued)
C.33 BUSINESS MANAGEMENT REQUIREMENTS (Continu
)-
(a) Cost Proposal (Continued)
Travel
- The breakdown of all travel by trips, segregating all transportation and per diem costs. 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) The management aspects shall include but not be limited to the following and any data pertinent thereto:
(1) Project scheduling and contingency planning demonstrating a logical progression and integration of the tasks to insure completion within the performance period and without program slippage.
(2) 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.
(3)
Procedures to periodically review in-house organizational functions, program reviews and controls and subsequent coordination with the NRC.
(4) Management controls expected to be utilized to preclude a contract cost growth.
(c) Manpower Availability Describe the source of personnel required for performance of each task and not presently employed by the offeror.
If any of the personnel are under commitment, describe the terms of
- the conmitment(s). Note specifically the personnel that will be on board expecting a contract award.
(d) Consultants Explain the need for consultant services. List oroposed consultants if known by name. For each list show (a) nature of services, (b) fee rate, (c) total consultant fee and any other allowable related costs which may be involved, such as travel and pers diem.
Such fees may not be paid to employees of the contractor or to employees of the U. S. Government.
RFP RS-0lP-80-338 Page 24 c =.r SECTION C - INSTRUCTIONS & CONDITIONS & NOTICES TO 0FFER0RS (Continued)
C.33 BUSINESS MANAGEMENT REQUIREMENTS (Continued)
(e) Subcontractors If the offeror plans te subcontract out any of the work to be performed, list proposed subcontractors if known by name.
Provide a detailed breakdown of specific work to be subcontracted out and the approximate cost involved.
(f) Labor Surplus Area Program Requirements In keeping with the Federal Labor Surplus Area Program, the offerors are required to provide information on the general economic conditions of the area in which subcontractors are located, exact location of subcontractors (state, city, county),
and the unemployment rate for the area, if known.
I Govehnment-Furnished Facilities (g)
Each offeror should identify any Government-owned facilities available to him which can be used in the performance of this
. proposed contract.
The following information concerning such facilities should be provided:-
a.
Value b.
Contract under which accountable c.
Cognizant Government Agency i
d.
General Provisions (where applicable) e.
Effect on proposed cost or performance if use is denied (h) Additional Facilities or Property In the event the offeror contemplates acquiring additional facilities or property in the performance of this work, such facilities or property shall be separately identified.
C.34 SIZE, STANDARD AND PRODUCT CLASSIFICATION It has been determined that the material described herein is classi-fied under the Standard Industrial Classification Manual as No. 7392 and a concern whose average annual receipts for its preceding 3 fiscal years do not exceed 52 million is considered as a small business concern.
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RFP RS-0IP-80-338 Page 25 SECTION.D~-EVALUATIONFACTORSFORAAARD pb.;, ;
' 0.1 The.following factors, with their relative weights, will be considered in the evaluation of proposals and are listed in descending order of importance:
j Weight
- l D.1.1 TECHNICAL.
55 Points The' methods for a'chieving the described objectives will be evaluated on the bas'is of completeness, clarity and feasibility.
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t The proposer's approach will be evaluated on the basis of problem comprehension as demonstrated in the identification of the objectives and the specific commitments made in the proposal e, !
which will~1ead to a successful completion of the project.
These ar'e broken down as follows:
~
a.
Soundness of offeror's technical approach to ld each task and the probability of success for l
the proposed approach.
(25 Points) b.
Completeness and adequacy of technical proposal and approach and understanding of work statement.
(20 Points)
In general, has the offeror presented an approach to performing the work that is of sufficient quality ~ and in sufficient
' detail to warrant high confidence that useful results wil1~ be produced?
c.
Has the offeror' recognized and offered solutions to potential problem areas that could arise during the course of the study?
(10 Points)
D.l.2 EXPERIENCE-30 Points a.
Relevance to the effort of the experience,
. educational: background and prior accomplishments of the personnel to be assigned.
(15 Points)
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b.: Experience in similar studies by the offeror.
(10 Points)
, c.
Expected availability of proposed personnel.
( 5 Points)
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RFP RS-0!P-80-338 Page 26 SECTION D - EVALUATION FACTORS FOR AWARD (Continued),
Weight D.1.3 MANAGEMENT PLAN 15 Points a.
Adequacy of management plan to insure availability of needed resources, review of project effort, and logical (10 Points) progression to conclusion.
b.
Allocation of appropriate expertise to each task.
( 5 Points) 100 Points
' TOTAL OF ALL WEIGHTED FACTORS D.2 RELATIONSHIP 0F TECHN'ICAL AND COST CONSIDERATIONS While cost may not:be a controlling factor, it will not be disregarded in the nego*' ' ion and award of a contract under this solicitation.
.The degree of its improtance will increase with the degree of equality of proposals in relation to the above factors on which selection is to be based.
A separate cost analysis will be performed on each cost proposal.
To provide a comon base for evaluation of costs proposals, the level of effort data shall be expressed in man hours.
A final best-buy analysis will be performed, taking into consideration the results of the technical evaluation, cost analysis, and ability to complete the work within the Governmt.nt's required schedule.
The Government reserves the right to make an award to the best advantage of the Government, cost and other factors considered.
D.3 AWARD OF CONTRACT Award will be made to the offeror (1) whose proposal is technically acceptable and (2) whose technical / cost relationship is the most advantageous to the Government; and who is considered to be responsible within the meaning of Federal Procurement Regulation 1-1.12.
The Government reserves the right without qualification, to accept or reject any or all proposals, to negotiate with any and all proposers regardless of the terms of the original proposal, and to request additional clarifying information either through written infonnation or through conference with the proposers. All proposers are notified that award may be made.without discussion of proposals and, therefore, proposals should be submitted initially on the most favorable terms, from a cost and technical standpoint.
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1 PART II - THE SCHEDULE 9
SECTION E - SUPPLIES / SERVICES AND PRICES The Contractor shall perform the following under the Technical Direction of the U. S.
Nuclear Regulatory Commission.
1.
Contractor shall perform a Study of U.S.
1 lot Nuclear Health and Safety Information Dissemin-ation to Foreign Countries and furnish documentation thereon in accordance with SECTION F.
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c RFP RS-0!P-80-338 Page 28 SECTION F - DESCRIPTIONS / SPECIFICATIONS f
F.1 Backcround As part of its ongoing concern with reactor safety, the Commission requested the staff to conduct an examination of possible approaches t
The staff analysis (SECY-78-365, July 3,1978)g power reactor expo to health and safety (H&S) issues affectin considered the key factors contributing to the present concern for H&S implications of U.S. power reactor ex;) orts, particularly exports to developing countries, and examined several alternative measures for expanding NRC's role in foreign H&S matters related to U.S. reactor exports.
A copy of the stat f report, SECY-78-365, " Health and Safety (Hf S)
Considerations in URC Reactor Export Licensing and Nuclear Assistance Programs" is attached as Attachment 3 for use by offerors in prepare-tion of their proposals.
One of the alternative measures considered in the staff report and approved by the Commission (Alternative 4) concerns the possibility that either the NRC and/or its export licensees undertake to supply
- recipient foreign governments and utilities with additional informa-tion on H&S matters that might not generally be available to them under existing information dissemination practices. The kind of information considered here would include in particular data on all safety-related changes in U.S. equipment similar to their power reactors imported from.the U.S.
While the study did not attempt to specify in detail the nature and extent of the information that ought to be transmitted to foreign governments and clients, it noted three possible ways of selecting and transmitting such information:
Selection and transmittal of detailed information applicable to cach exported power reactor.
Selection and transmittal of generic information on all safety-related, changes generally applicable to exported power reactors.
Transmittal and periodic updating of complcte licensing dockets of U.S. domestic plants similar to the exported power reactors.
The present study is designed to examine more closely the need of developing countries for additional H&S information, the various means of providsna them with such infonnation, and. program costs of various mear.s and quantities of information provided.
RFP RS-OlP-80-338 Paga 29 SECTION F-DESCRIPTION / SPECIFICATIONS (Continued)
F.1 BACKGROUND (Continued) g:.
Objectives:
To describe U.S. H&S-related information* dissemination practices and mechanisms as they exist today, to identify unsatisfied needs of the regulatory authorities of importing countries for U.S. H&S-related information, and to identify and evaluate ways the U.S. might address significant short-comings or otherwise improve the dissemination abroad of U.S. H&S-related information, including better use of NRC records.
Purpose _:
To help assure that the U.S. makes available to the authorities of countries importing U.S. power reactors.
H&S-related information which those authorities may re-quire in order to regulate the construction and operation of those reactors with regard to public health and safety and environmental protection.
F.2 Specific Tasks The contractor shall furnish the necessary qualified personnel, facilities, materials, and services to perform the following tasks:
F.2.1 Task I.
Identify and Review All Sources of Information on Changes _
Made to U.S. Reactors The contractor shall identify and review all the major commercial and governmental information repositories or information dissemination sources in the U.S. which currently supply, or could potentially supply foreign governments with information on all domestic H&S-related technical or operational changes, upgrades or modifications of U.S. reactors similar to those exported to other countries. The information sources to be considered shall include, among others, information bulletins prepared by U.S. nuclear vendors, NRC open document files (Public Document Room or Central Files), commercial technical or regulatory information services and other information repositories.
The output of this task shall be presented in an interim report listing the principal U.S. sources of information that are presently available or could be made available to foreign regulatory authorities, a description of the nature, scope, depth and subscription cost of the information contained in these sources, and a review of the dissemina-tion practices and mechanisms whereby this information is presently made available to foreign authorities involved with nuclear programs.
U.S. H&S-related information, as used in this solicitation, refers to information on the, design, safety analysis, operational limits and condi-tions, and operational performance of selected power reactors in the U.S.s as well as information on radiation monitoring and radioactive waste The control, handling and storage systems employed with such reactors.
reactors of interest are those which are identical or most similar to power reactors which have been exported to other countries.
The principal need of the importing countries is understood to be information pertaining to changes in equipment, design features, or operating conditions introduced or required for safety reasons in domestic reactors subsequent to the sale of similar reactors abrc2d.
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RFP RS-0!P-80-338 Page 30 SECTIOi' F - DE5CRIPTIGii/SPECIFICATI0iiS (Continued)
' f.?.2 Task II.
Survey of Foreign HLS Infonnation Use v
The contractor, with HRC's assistance, shall conduct a survey to identify the infonnation sources and_ documents most frequently accessed by rrulatory authorities in several develcping countries (specifically Orazil, i;orea,~ Mexico, Spain, Taiwan and Yugoslavia) for the purpose of keeping themselves informed en H&S-related information introduced in the Toward this end, the contractor U.S. to reactors similar to their own.
i i
shall develop suitable survey tools (printed questionnaires or other appropriate survey instruments and, after review by the NRC, apply these i
to selected nuclear regulatory authorities in the above-mentioned countries.
On the basis of the above survey, the contractor shall then identify potential weaknesses in existing U.S. information dissemination mech-anisms and practices, and any other information availability or adequacy problems perceived by authorities in these countries.
F.2.3 Task III.
Review and Assessment of Foreign H&S Information Use On the basis of the information collected in the survey in Task II, the contractor shall: 1) review the information acquisition practices in these cous.tries, 2) discuss the adequacy of the information at the disposal of these officials as regards their ability to make sound decisions regarding reactor purchases, equipment upgrades and plant operation, 3) assess the information most frequently utilized by these authorities in light of the available information base identified in Task I, and 4) identify and discuss any pcssible deficiencies or j
problem areas associated with the H&S information availability or usage.
F.2.4 Task IV.
Assess Alternative Ways to Meet Foreign Information Needs The contractor shall identify and propose corrective actions or alter-native options which could help remedy the key deficiencies revealed in the previous tasks.
In proposing several measures or programs of differing scope or breadth to improve the dissemination and quality of H&S information made avail-able to developing countries, the contractor shall focus mainly on those options that build on, and integrate as much as possible existing sources, practices, and mechanisms, rather than developing novel organi-zational structures and mechanisms.
Special emphasis shall be placed on identifying options that could be implemented by the NRC, the major U.S. equipment vendors, other U.S. Government agencies, and the foreign regulatory agencies, etc. by making optimal use of documentation available in the NRC Public Document Room, Central Files, and commercial subscription services.
For each of the options proposed above, expected program effectiveness shall be examined in light of likely program costs to all affected parties (U.S. and foreign), implementation constraints (institutional, political, etc.) and potential increases in the quality and amount of information made available to the appropriate foreign authorities.
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i RFP RS-0IP-80-338 Page 31 SECTION F - DESCRIPTION / SPECIFICATIONS (Continued)
F.3 DOCUMENTATION
-The Contractor shall furnish documentation on the work performed in Subsection F.2 in accordance with NRC Manual Chapter 3202, " Publication of Unclassified Regulatory and Technical Documents Prepared by NRC Contractors, Including Reports Prepared Under or Pursuant to Interagency Agreements," attached hereto as Attachment 4, and the following:
f*3*I Monthly Letter Reports.
Each month, the contractor shall submit 3 copies of a brief letter report wt.ich summarizes:
(1) the work performed during th. previous month; (2) p,ersonnel time expenditures during the previous month; and (3) costs data as follows:
(i) for the current period, (ii) cumulative to date, and (iii) estimated cost to completion. The first month's report' shall provide a detailed outline of the work plan and any preliminary accomplish-ments.
The reports shall be due by the 10th of each month with distribution as follows:
Contracting Officer's Technical Representative (C0TR) - 2 copies Contracting Officer
- I copy Monthly Letter Reports are not subject to the provisions of NRC Manual Chapter 3202.
F.3.2 TASK I Interim Report The Task I Interim Report shall document the results of the effort performed under Subsection F.2.1.
One copy of the Task I Interim Report in draft form shall be submitted to the COTR for review and approval prior to issuances of the Interim Report in final form.
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RFP RS-0IP-80-338 Page 32 SECTION F - DESCRIPTION / SPECIFICATIONS (Continued F.3.3 Fi.nal Report Within five (5) months after the effective date of contract, the Contractor shall furnish to the Contracting Officer's Technical Representative (C0TR) a draft copy of the final report.
The report shall document the work accomplished under the contract including, but not limited to, the following:
a.
Documentation of the principal U.S. sources of information j
on H&S-related changes that are available or could be made available to foreign regulatory authorities, including a description of the nature, scope and depth of the informa-tion contained in these sources, and the dissemination practices whereby this information is presently made avail-d able to foreign regulatory authorities.
b.
Description of foreign information acquisition practices
~
and the particular sources and documents most frequently accessed; forei-jn perceptions or views concerning adequacies /
inadequacies of existing information dissemination practices, and an explanation of the methodology used to make the above
' determination.
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c.
Description and discussion of the major weaknesses of the U.S. information sources and dissemination mechanisms.
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d.
Detailed description of the rationales and methods used for
(
reaching the conclusions in Task II, with special attention
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to limitations in the methods used and deficiencies in j
available data.
l e.
Description and discussion of alternative corrective measures, including likely costs, expected improveinent in the quality and quantity of information made available to foreign authorities, and potential institutional, political or cther possible constraints on their implementation.
Discussion I
of the extent to which these me'.res would be likely to enhance the
[
l ability of these authorities to.ischarge their responsibilities.
l The COTR will f"rnish comments on the draft report to the i
contractor within two weeks after receipt of the draft.
Based p
on these comments, the contractor shall revise the draft and i
submit the final report in an original and five (5) c.opies to i
the COTR and one (1) copy to the Division of Contracts, not later than six months after the e7fective date of this contract.
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RFP RS-0!P-80-338 Page 33 SECTIONF-DESCRIPTION / SPECIFICATIONS (Continu'hE)
F.4 Meetings The Contractor shall be required to visit the Bethesda offices of the NRC to meet formally with the COTR at least twice during the
. period of the study effort--at the end of the third month to discuss the results of the Contractor's work, and at the end of the sixth q
month to brief NRC staff on the final report.
i SECTION G - PACKAGING AND MARKING G.1 Preservation and Packing 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 mannar as to insure acceptance by common carrier and safe delivery at destination.
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RFP RS-0IP-80-338 Page 34 5ECTION H -- DELIVERIES OR PERFORMANCE H.1 PERIOD OF PERFORMANCE Performance under this contract shall begin on the effective date of contract and shall continue for six (6) months thereafter at which time all work specified herein sha.ll be completed.
TASKS may be completed in accordance with the following suggested schedule:
Task I Completed within seventy-five (75) calendar days from effective date of contract.
Task II Completed _within ninety (90) calendar days from
- effective date of contract.
Task III Completed within one hundred and twenty (120 calendar days from effective date of contract.
Task IV Completed within one hundred forty-five (145) calendar days from effective date of contract.
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.e RFP RS-0IP-80-338 Page 35 SECTIONH-DELIVERIESORPERFORMANCE(Continued)dfy.
H.2' TIME OF DELIVERY Documentation and Meetings may be furnisSed in accordance with the following schedule: -
Report Quantity Time of Delivery 3 each 10th of Each Month Monthly Letter Reports
. TASK I Interim Draft 1 each Within fifty (50) calendar days
~
from effective date of contract.
- Interim Final 5 each Within seventy-five (75) calendar days from effective date of contract, Final Report - Draft 1 each Within one hundred fifty-five (155) r calendar days from effective date of contract.
- Final 7 each Within one hundred eighty (180) calendar days from effective date of contract.
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Meetings Quantity Time of Delivery 4
Progress Meeting 1 each Three (3) months from effective date of contract.,
Final Report Briefing 1 each Six (6) months from effective date of contract.
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RFP RS-0IP-80-338 Page 36 SECTIONH-DELIVERIESORPERFORMANCE(Continued){I H.2 ! TIME OF DELIVERY (Continued)
Offerors may indicate alternate delivery schedule below:
Report Quantity Time of Delivery Monthly Letter Reports 3 each 10th of the Month TASK I - Interim Draft 1 each
- Interim Final 5 each Final Report - Draft 1 each
- Final 7 each Meetings.
Quantity Progress Meeting i each Final. Report Briefing i each H.3 PLACE OF DELIVERY The articles to be furnished hereunder shall be delivered to:
U. S. Nuclear Regulatory Commission Attn: Contracting Officer's Technical Representative
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(To be designated after award of contract) and
. Contracting Officer (whichever is appropriate)/or Washington, DC 20555 1
s RFP RS-0IP-80-338 Page 37 h,'
SECTION I - INSPECTION AND ACCEPTANCE I.1 Inspection and acceptance of the supplies and services to be furnished hereunder shall be made in accordance with the specifications set forth in SECTION F at destination by the Contracting Officer's Technical Representative.
SECTION J - SPECIAL PROVISIONS J.1 SUBCONTRACTS FOR WORK OR SERVICES No contract shall be made by the Contractor with any other party for furnishing any of the work or service herein contracted for without approval of the Contracting Officer, but this provision will not be taken as requiring the approval of contracts of employment between the Contractor and personnel assigned for services hereunder.
J.2 PRIVATE USE AND PROTECTION OF UICIASSIFIED GOVERNMENT INFORMATION A.
Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, records or other infomation, documents and material furnished by the Ca mission to the Contractor in.the perfomance of this contract, or infomation developed by the Contractor in the course of the work hereunder, shall be used only in connection with the work performed under this contract.
'Ihe Contractor shall, upon cmpletion or termination of this contract, transmit to the Commission all records or other information, documents and material, and any copies thereof, furnished by the Conmission to the Contractor or developed by the Contractor in tha performance of this contract.
B.
The Contractor shall be responsible for safeguarding frcrn unauthorized disclosure any information or other documents and material exempt frcxn public disclosure by the Cmmission's regulations and made available to the Cont.ractor in connection with the performance of work under this contract. The Contractor agrees to conform to all regulations, requirements, and directions of the Cammission with respect to such i
material.
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 cm mission pertaining to classified information and material.
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RFP RS-0!P-80-338 Page 38
- ilCIID'1 K - CONTRACT ADMINIS RT ATION DATA h
K.1
<TLCHNICAL DIRECTION AND AUTHORIZED REPRESENTATIVE
-The-Contr6cting 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 inouiry, or otherwise complete the ;eneral 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 perfonnance 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:
K.2 TOTAL ESTIMATED COST AND OBLIGATION OF FUNDS-
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K.2.1 Total-Estimated Cost - The total estimated cost to the Government for perfonnance of this contract for the purpose of Clause 4 of the Cencral Provisions entitled " Limitation of Costs" is $(to be incorpo_r_ ale.d into any res_ l.tinuo_ntract).
u K.2.2 Obligation of Funds - The amount presently obligated by the Government with respect' to this contract is $(to be incorporated into any_resul_ tim contract).
K.3 ALLOWADLE-COST, FEE AND PAYMENT K.3.1 Allowable Cost - The allowable cost under this contract, fixed fee and payment shall be made in accordance with Clause 5 of the General Provisions entitled'" Allowable Cost, Fee and Payment."
K.3.2 Fixed Fee - The fixed fee payable to the Contractor for the performance of the work under this ' contract is $(to bd incorporated into any resultin[L_
l cnntract).
There shall be ne adjustment in the amount of the Contractor's Wed Tee 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.
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RFP RS-0IP-80-338 Page 39 SECTION K - CONTRACT ADMINISTRATION DATA i'
K.4 BILLING INSTRUCTIONS FOR NRC COST-TYPE CONTRACTS Gen 6ral.. The centracj;;;r sh,all submit vouchers for cost-reimbursement in tne manner and foma.t described herein and as illustrated in the sample
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voucher.
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Fom. Claims slialT tfe submitted en the payee's letterhead, invoice or on tne Government Standard Fom 1034, "Public Voucher for Purchases and Services Other Than Pe'rstnal," and " Standard Form 1035, Pubif e Voucher for Purchases Other Than. Personal - Continuatica Sheet." These foms are available frca the Government Printing Office, 710 North Capitol
.s Street, Washingten, DC. 20801.
Number of Cocies.
An original and six copies should be mailed to the NRC offices 1centified belcw.
Frecuencv.
The contractor,shall submit' claics for reimbursement once each menta unless othersise authorized by the Contracting Officer.
Billino of Costs After Exciration of Contract. 'If cost-reimbursements are incurred ouring tne contract period and claimed after the contract has expired, the period during which these costs were incurred mus be cited.-
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Currencv.
Billings may be expressed in the currency normally used by the centractor in maintaining his accounting records; payments will be made in that currency. Mcwever, the U.S. dollar equivalent for all invoices paid under' the centract may not exceed the total U.S. dollars authorized in the centract.
Sucerhes sicn. These instructicas supersede all previous biliing inst ucticas.
Precaraticn c.d Itecizatic'n of the Vcucher. The centracter shall fumish the infomatica set for.a in tne explanatory nctes belcw.
These notes' are keyed to the entries en the sa:ple voucher.
-(a)
Payee's Mace and Address. -(i) Address the original' vcucher (with a copies) to:
U.S. Nuclear Regulatory Cc= mission, Divisicn of', Accounting, Office of the Centroller, ATTN: GOV /CCM Acccunts Secticn, Washingten, DC *20555.
(ii) Address 2 copies to:
U.S. Nuclear Regulatory Co=aission, ATTN:
E.1.. Halman, Director, Divisen of Centracts, Washington, DC 20555.
(iii) Tne oricinal ccov cf the voucher should indicate that (2) cocies nave been for.iarceo to tne Contractinc Gificer.
'(b) Voucher Nucher.
Insert the appropriate serial numb,er of the vcucher.
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J RFP RS-0IP-80-338 Page 40 SECTIONK-CONTRACTADMINISTRATIONDATA(Cont {nbed)
K.4. BILLING INSTRUCTIONS FOR NRC COST-TYPE CONTRACTS (Continued)
(c).Date of Voucher _.
Insert the date the vo.ucher is prepared.
(d). Contract Number and Date'.
Insert the contract number and the date of the contract.
.-t '..
(e) Payee's Name and Address.
Show the name of the contractor as it appears in tne centract and its correct address; except when an approved assiencent has been cada by the contractor, or a different payee has been designated, then insert the name and address of the payee..
(f) Contract Amount.
Insert 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) Billino 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)
D_frect 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 Eenefits.
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) Caoitali:ed Nonexcendable Ecuiement.
For educational instituticns list eacn item costing 51,000..or more; for centractors other than
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educaticnal institutions list each item costing 5200. or more and having a life expectancy of more than ene jear.
List only these items of equipment for which reimbursement is req;ested.
A reference shall be made to the following (as applicable):
(1) the item number for the specific piece of equipment lis ed in the.Oroperty Schedule; (2) the Contracting Officer's "peroval Letter, if the equipment is not. covered by the Property-Schedule; or (3) be preceded by an asterisk (*) 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.
(t)(4). Materials. Sucolies. and Moncacitalized Ecuirment.
This is consu=able materiais anc suppiles ano equipmer.t otner tnan that described in (i)(3) above.
(i)(5) Premium Pay.
This is remundration in excess of the basic hourly rate.
(i)(6) Consultants' Fee.
These are fees paid to censultants.
(i)(7) Travel.
Ocmestic travel is travel within the United States, its territories, possessions, and Canada; it should be billed k
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,o RFP RS-0IP-80-338
.k Page 41
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g SECTION K - CONTRACT ADMINISTRATION DATA (Continupd),
BILLING INSTRUCTIONS FOR NRC COST-T_YPE CONTRACT K.4 a.,
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separately from foreign. travel.+is.t all other direct costs in total unless s
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(i)(8) Other.If significint, list cost elements and dollar amount in amount.
separately, e.g., subcontracts.
Cite the fomula (rate and base) in Indirect Costs--Overhead.effect during the,. time the cost was inc 3
(j)
?
ment is claimed.
If the contract provides for a fixed-fee, it must be Cite the fomula or Fi x ed-Fee _.
(k) claimed as provided for by the contra,ct.
method of computation.
Insert the amount billed for the Amount-Billed for Current Period.
major cost elements, adjustment, and adjusted amounts for the (1) 1 period.
Insert Cumulative amount frcm Inceotion to Date of this Billino_.
the cumulative. amounts billed for the major cost elements and (m)
, adjusted amounts claimed during this contract.
Insert the total amounts' claimed for the (n) Total Amounts Claimed.
current ano cumulative periods.
This includes amounts conceded by the centractor, cutstancing sus;ansiens, and. disapprovals subject to appeal.
(o)
Adjus tments_.
(p) Grand Totals.
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RFP RS-0IP-80-338 Page 42 SECTION K - CONTRACT ADMINISTRATION DATA (Contin,ued)
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K.4 BILLING INSTRUCTIONS FOR NRC COST-TYPE CONTRACTS (Continued)
. SDIPLE YOUC 2?.
(a) Th;es 's Name :nd Address (b) Voucher !!o.
The U. S. Nuclear P.egulatory l
e Comission Division of Acccunting, CON l
(cf Date i*euc' e ?:epared
=
Attention: Gov /Com Accts Section (d) contra:: so. and Da:e
}!ashington, DC 20555 (e) Fa;/ee's same and Address j
(f) Total Isti=ated Ccs. of Con ra::
A3C C.C?20?J.T10'1 100 F.ain Street Arashere, U.S.A.
" ora Assipee for A30 Corycratics (g) Total 71:ed-Fee The National 3a h. A::,-/nere, U.'.A.
S Aramhere, U.S.A.
(V?.en Fa.- ent s =-- 1 **4 ned) i (b) This vcucher represents rei==urseable ecs:s f cs Julr 1 1077 thrcup. ~ul-r I
I lo7m (1)A==unt 3i11ed
(=)Cu=:.ls.:1 ta for Cu::ent A=ount 7,rc=
Period Inception to Date of this "
(1) Direct Cests 3i111 2 I
i 1 Direc Labcr.
$ 3,1;00
$ 6, COO l
600 1,2C0 i 2 Fringe 3enefits i 3 C2:I:ali:ei None ;endable 8
E giprent 5,000 8,000 (i)(b) Yateriale, e.:; plies and No::apitalized Iqu.i; ent
'2,000 h,0::0 1co 150 i 5
?:e in: ray 100 100 1 6 Conr. titan-'s Ise i 7 ravel - De=estic 200 200 l
a Toreip 200 200 (i)(S) Other 4- '
Total Direct Costs
$11,600
$20,650
,(j) INDI".D::7 CCSIS
'. of Direct Labor or Other 3ase (Tc: :.la) h,000 6,000 (k), TIXC.G EAF.';D (7c:=:.1a) 700 1,LCD (n) Total A: unts Clained
$16,300
$28,C50 (o) Adjust =ents (1,700).
Outctandi.g P.:spensicas (p).Cra.dTotals
$16. WJ
$26,'40 1
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a RFP RS-0IP-80-338 Page 43
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. 3.
SECil0N L - GENERAL PROVISIONS L.1 GENERAL PROVISIONS The General Provisions of this contract consist of the " Cost Type Research and Development Contracts with Concerns Other Than Educational Institutions, Appendix A,"
revised 2/15/78, attached hereto as Attachment 5, and by this reference made a part hereof except as follows:
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1.
Clause 3 entitled " Limitation of Funds" is deleted in its entirety.
2.
Clause 23 entitled " Nuclear Hazards Indemnity - Product Liability" I
is deleted in its entirety.
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3.
Clause 36 entitled " Required Source for Jewel Bearing" is deleted in its entirety.
4.
Clause 53 entitled " Private Use of Information and Data" is deleted in its entirety.
5.
The following clause is added as Clause 62:
" Clause 62 - COMPETITION IN SUBCONTRACTING (FPR 1-7.202.30 and 1-7.402.29). The Contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum practicable extent consistent with the objectives and requirements of the contract."
6.
The following clause is added as clause 63:
" Clause 63 - INTEREST (FPR 1-7.203-15 and 1-7.403-25)
Notwithstanding any other' provtston of this contract, unless paid within 30 days. att amounts that become payable by the Con.
tractor to the Governtnent under this con.
tract (net of any app!! cable tax credit under the Internal Iteser.ue Code) sha!! bear in.
terest at the rate determined by the Secre.
s tary of the frosury pursuant to Public Law 92-41,85 Stat. 97. A:nounts sha!! be due upon the earliest of (a) the date flued pursuant to '
this contract: (b) the date of the first writ.
ten demand for payment. consistent with this contract, tricluding demand cornequent upon default termination: (c) the date o' trans.
mittal by the Government to the Contractor of a proposed, supplemental aCreernent to conarm completed negottations ftzmg the amount or (di sf this contract provides for rettston of prtces, the date of arttten notice to the Contracto* stating the amount of Te.
fund payable in connection with a prtetr:r proposal or in connection with a negotisted pricing arrretncut not confir:ned by contract s upple rne nt."
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RFP RS-0IP-80-338 Page 44 SECTION L - GENERAL' PROVISIONS (continued)
L.1 GENERALPROVISIONS} continued) 7.
The following clause is added as Clause 64:
" Clause 64 - DISPOSITf0N OF MATERIAL (FPR l-7.304-8 and 1-7.404-7) termination or enmr.letion of all Upon work under this contract. the Contractor prepare for shipment. OcIlver f.o.b.
shall destination. or dispose of all materials re-s.cived from the Government nud all residust m:.tcrials produced in connection with the pertarmance of this contract as may be df-rected by the Contracting O. ect, or as spect.
t fled 10 oth r provisions of this contract. All materials produced or rerguised to be delle-ernt uneler this contract become and remain itio p*e.perty of the Governuwnt.
PART III - LIST OF DOCUMENTS AND ATTACHMENTS SECTION M'-
LIST OF DOCUMENTS AND ATTACHMENTS M.1 This solicitation contains the following attachments:
M.1.1
-NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20),
-Attachment I~
M.l.2 Optional Form 60, Contract Pricing Proposal. Attachment 2 M.I.3 Staff Report.SECY-78-365, " Health and Safety (H&S) Considerations in NRC Reactor Export Licensing and Nuclear Assistance Programs",
-M.1.4-
'NRC Manual-Chapter 3202, Attachment 4 M.1. 5' Appendix A - General Provisions Cost-Type Contracts with Concerns Other Than Educational Institutions, Rev: February 15, 1978, Attachment 5 l
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i PART 20-1 -- GENERAL Subpart 20-1.54--Contractor' Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy.
20-1.5402 Definitions.
20-1.5403 Criteria for recognizing contractor organizational conflicts of interest.
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20-1.5404 Representation.
20-1.5405 Contract clauses.
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. General-contract clause.
20-1.5405-1 20-1.5405-2 Special contract provisions.
20-1.5406 Evaluation.-findings, and contract award..
20-1.5407 Conflicts identified after award.
20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-l'.5410 Subcontractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AUTHORITY:
Sec. 8, Pub. L.95-601, adding Sec.170A to Pub. L.- 83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 120-1.5401 Scope and Policy (a) It is the policy of the~U.S. Nuclear Regulatory Commission (NRC) to avoid., eliminate or. neutrr ize contractor. organizational conflicts
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i of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
(b)
Contractor conflict of 'aterest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest.
It is not possible to prescribe in advance a specific method or set of criteria which would serve to i
identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.
NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance. The ultimate test is:
Might the contractor, if awarded l
the contract, be placed in a position where its judgment may be biased, l
or. where it may have an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. -Individuals or firms who have other
.}
relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC i
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7590-01 agreements with other government agencies, international organizations, or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
520-1.5402 Definitions
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-(a) " Organizational conflicts of interest" means that a relationshir exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which:
(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a
~
biased work product, or (2) may result in its being given an unfair l
competitive advantage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
l (c) " Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d)
" Technical consulting and management support services" means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require the contractor to be given access to information which has not been made available to the public or proprietary information.
Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.-
(e)
" Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).
(f)
" Contractor" means any person, firm, unincorporated association, joint venture, co-sponstor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g)
" Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual
~
controls'or has the power to control another, or when a third party controls or has the power to control both (41 CFR S 1-1.606-1(e)).
.(h)' " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.
(i) " prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.
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7590-01 (j)
" Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract.
The term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.
5 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest f
(a) General.
Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:
(1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay 1 articular attention to proposed contractual requirements which call for the endering of advice, consultation or evaluation j
activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.
1 (b)
Situations or relationships which may give rise to organizational conflicts of interest.
(1) The offeror or contractor shall disclose
)
information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(1) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marke ting.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
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7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 520-1.5405-2 in the following circumstances:
(i) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.
(ik) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational con <lict of interest situations.
(1) Example.
The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified.
In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing similar analyses for the reactor manufacturer.
Guidance.. An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one 1
type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients.
None of the ABC Corp.
. projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP. >
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7590-01 Guidance.
An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work.
An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could~ create a conflict.
For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3) Example. As a result of operating problems in a certain type of commercial nuclear facility, 1,t is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public.
Only one manufacturer has extensive experience with that type of plant.
Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.
Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.
Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms I
to guard against bias.
(4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.
has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated.
Other companies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract
-work, it shall not be used in the contractor's private activities unless such information is generally available to others.
Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.
7590-01 (5)
Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt.
In accordance with the representation in the RFP and 520-1.5403(b)(1)(i), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study.
Guidance. The contracting officer would nonnally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased.
The work for others clause of 5 20-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest.
(d) Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract.
(2)
It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.
520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b)
Representation procedure.
The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for:
(1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be. included in toe resulting contract.
This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause.
Where, however, a statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
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7590-01 ORGANIZATI0hs. 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 520-1.5403(h)(1).
(c)
Instructions to offerors.
The following shall be inclut ; in all NRC solicitations:
(1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 5 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:
(1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or
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(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 520-1.5411.
(2) The refusal to provide the representatior required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by 's20-1.5404(c), shall result in disqualification of the offeror for award.
The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated.
The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
(d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.
If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.
(e)
The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
5 20-1.5405 Contract clauses 5 20-1.5405-1 General contract clause
7590-01 s
All contracts of the types set forth in S20-1.5404(b) shall include the following clauses:
(a)-Purpose.
The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(b) Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR 5 20-1.5402(f) in the actitities covered by this clause.
(c) Work for others.
Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being perfonned under this contract.
The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.
If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.
(d)
Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).
(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.
The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government.
i (e) Access to and use of information.
(1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to: (1) Use such information for any private purpose until the information has been l
released to the public; (ii) compete for work for the Comission based i
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on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first, (iii) subcit an unsolicited proposal to the government based on such information until one year after the release of such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such information has previously been released to the public by the NRC.
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3) The contractor shall have, subject to patent and security provisions of this can' tract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f)
Subcontracts.
Except as prov'ided in 41 CFR 5 20-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and
" contracting officer," shall be appropriately modified to preserve the government's rights.
(g)
Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract far default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law oc-this contract.
(h) Waiver.
A request for waiver under this claust shall be directe.d in writing through the contracting officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined in 520-1.5411.
520-1.5405-2 Special contract provisions.
(a)
If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with 520-1.5411, neutralized through the use of an appropriate special contract provision.
If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:,
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y 7590-01 (1). Hardware exclusion clauses which prohibit the acceptance of production' contracts following a related nonproduction contract previously performed by the contractor; (2) Software exclusion clauses; (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4)
Clauses which provide for protection of confidential data and guard against its unauthorized use.
(b) The following additional contract clause may be included as section (i) in the clause set forth in5 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.
(i)
Follow-on effort.
(1) Tne contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem dire'ctly from the contractor's performance of work under this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of such products or services.
(2)
If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications.
The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply.
(3)
Nothing in this paragraph shall preclude the contractor from offering or selling its standard commercial items to the government.
5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of !20-1.5404(b) and other relevant information.
After evaluating this information against the criteria of i 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror.
If it has been determined that conflicts of interest exist,-then the contracting officer shall either:
(a)
Disqualify the offeror from award, i
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l 7590-01 (b)
Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of 520-1.5411.
l 520-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting l
l officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of thc government to terminate the contract as provided in the clauses required by 520-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after 1
obtaining a waiver in accordance with 520-1.5411, neutralize the effects l
of the identified conflict.
520-1.5408 (Reserved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with !20-1.5404(b) from subcontractors and consultants.
The contracting officer shall require the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work i
under a prime contract covered by this subsection.
r 5 20-1.5411 Waiver i
In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director.
Upon the recomendation of i
the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
Such action shall be strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program;
-(2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict.
For any such waivers, the justification and approval documents shall.be placed in the Public F
Document Room.
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7590-01 520-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any l
.re evant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washinoton D.Cthis 27th day of March 1979.
For the Nuclear Regulatory Commission cud 6t Samuel J. Chilk Secretary of the Commission i
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July 3, 1978-SECV-78-365_
I COMMISSIONER ACTION For:
The Comission From:
James R. Shea, Director Office of International Programs Thru:
Executive Director for Operations,
Subject:
HEALTH AND SAFETY (H&S) CONSIDERATIONS IN NRC REACTOR EXPORT LICENSING AND NUCLEAR ASSISTANCE PROGRAMS Cateoory:
This paper concerns a major policy issue.
Purcose:
To present the results of staff studies in the subject areas requested by the Comission, to identify areas,
where further work is required, and to solicit Comission views on the recomendations of this paper.
Discussion:
On May 10, 1977, the Comission requested that the Export Study Group conduct an examination of possible approaches to health and safety (H&S) issues affectin'g reactor exports.
The examination was to include, among others, approaches analogous to the air frame certification done by the Federal Aviation Administration for aircraft exports, and the possibility of onsite safety reviews in foreign countries.* The staff was to emphasi::e the availability of effective mechanisms for conducting these programs, additional resources needed to do an effective job, and any additional legislative authority required.
Two recent events reflect Congressional concern about H&S aspects of reactor exports. On January 4, 1978, Congressman Clarence Long wrote a letter to Chairman Hendrie requesting answers to several questions on the H&S aspects of U.S. reactor exports:
Contact:
J. D. Lafleur, IP, 492-7131 H. B. Schechter, IP, 492-8155
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The Commission 2
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--Should U.S. reactors be sold overseas witnout assurance (1) that the reactors will be designed and built safely, and (2) that the countries can I
operate them safely?
--Why aren't the American nuclear vendors held responsible for the design and construction of nuclear plants sold abroad?
--Why doesn't the NRC move toward a regulatory safety review of all U.S. reactors sold overseas?
More recently, Congressman John J. Cavanaugh proposed an amendment to the Export-Import Bank Act, which called for NRC to provide, as a condition of Ex-Im Bank financing of the sale of a nuclear reactor, "an evaluation based upon an analysis (i) describing the nuclear regulatory organt:ation and practices of the recipient country, and (ii) indicating the extent to which the Health and Safety standards adopted and implemented by the recipient country are er
' with those established by the Nuclear Regu*
,.onmission." At this writing, the amendment was awaiting House floor vote.
On a related subject, over the last three years the Commission and its staff have discussed opportunities and policy alternatives for providing safety assistance to countries embarking on nuclear power programs.
In accordance with various Commission requests, the analysis also compares bilateral assistance arrangements with multilateral assistance provided through the IAEA, and identifies the principal factors to be considered in providing assistance, such as resource limitations, and how to avoid the risk that countries might misconstrue NRC safety assistance as relieving them of responsibility for indigenous efforts to improve safety.
Because of the close relationship between H&S measures that could be incorporated into the export licensing process, and those ordinarily handled through NRC's international cooperative efforts, the staff (EDO staff, OGC and OPE) has combined the two analyses requested by the Commission into a single analysis, the report of which is attached to this paper. The issues raised by Congressmen Long and Cavanaugh are also addressed in this analysis.
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i NRC STAFF ANALYSIS 0,,f, HEALTH AND SAFETY CONSIDERATIONS IN.
REACTOR EXPORTS AND ASSISTANCE PROGRAMS June 28, 1978 I
U.S. Nuclear Regulatory Commission Washington, D.C.
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