ML19327A091
| ML19327A091 | |
| Person / Time | |
|---|---|
| Issue date: | 06/27/1980 |
| From: | Mattia M, Richardson H NRC OFFICE OF ADMINISTRATION (ADM), NUCLEAR SYSTEMS, INC. |
| To: | |
| Shared Package | |
| ML19327A085 | List: |
| References | |
| CON-FIN-B-1618, CON-NRC-06-80-304, CON-NRC-6-80-304 NUDOCS 8008010146 | |
| Download: ML19327A091 (78) | |
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- d. Citivit0 704 N ArtONAL Off tNlt UNQt t 3034 JUN2YDArt1380RFPA No. OSP-80-304 "j;,,2 '" ' C ' "" > "
- 1. CONTRACT ( Prog. less. (Jeet / NO.
NRC-06-80-304 f.111UED SY CODE l
- 4. ADMINt5ftREO SY CODE l
- 7. DEuvrev (l/ eteer shae 4/=4 9)
FCS DESTI.
U.S. NUCLEAR REGULATORY COMMISSION
@ NAnON DIVISION OF CONTRACTS 0 +ory,,,,,,
WASHINGTON, D.C.
20555 se-I
- t. CONTRACTOR CODEq l
FACILITY t 0DE l
- 9. 0 5COUN1 FOR 9 tom 919AtutNT NAME AND ADDRE$$
GAMMA INDUSTRIES DIVISION OF NSI
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P.O. BOX 2541, 2255 TED DUNHAM STREET
'*"U#"1, ATTh: HARRY RICHARDSON BATON ROUGE, LOUISIANA 70821 i o. su.-n i=0, Cts
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- 12. PAYMENT WILL SE MADE SY CODE l
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U.S. NUCLEAR REGULATORY COMMISSION U.9. NUCLEAR P.EGULATORY COMMISSION OFFICE OF STATE PROGRAMS OFFICE OF THE CONTROLLER ATTN: JIM ASHLEY WASHINGTON, D.C.
20555 WASHINGTON, D.C.
20555 O a usc = - I
- 13. THt$ PeOCuttMENT W As O A=vtar'sto. O ~foo'iarto au SuANr 10, a di U.s C. 252 la10 m,
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. Pe9C # ele lJD St.AMSUNDNG ANfl0N SYfEATAB&R N.
FIN NO. AMOUNT APPROPRIATION B&R FIN AMOUNT OPRIA 31X0200.800 80-19 _08-03 B1618 54,358 LIX0200,300 30- 19-06 XIT83 54,358 tr in 13.
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lit M NO.
SUPeutS/Stevicts Q U ANTffY UNif UNIT PfeCE AMOUNT The Government hereby accepts your offer to conduct training courses entitled " SAFETY ASPEC"5 0F INDUSTRIAL RADIOGRAPHY FOR STATE REGUALTORY PERSONNEL" in accordance with your proposal dated May 6, 1980 as revised by letter sub-mission dated June 19, 1980, all of which are incorporated herein by this reference. Therefore, under ARTICLE V - CONSIDERATION AND PAYMENTS, insert the amount 58;716.00 in section A and the amount $4,358.00 in section B.1 and B.2 respectively.
l FIRM FIXED PRICE 2t-TOTAL AMOUNT OF CONTRACT $d, Ib.UU LONTR. t CTLWs UFFKER WILL Co.5tPLETE BLOCK 22 OR 26.tS.4PYl1C.4BLE
- 22. } CONTRACTOR S **tGO11Af tO AGEUntNT (Coorresser on reguered se noge ts. Q AWARD tCower. aster us met required se sage ohon Juamret.)
Yeerener A sepers to insnout oth.e.p* Cea*recer egren en sei.e.o e.en Neanser
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- 23. NAM 4 OF CONTRACTO4
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MARY JO MATTIA a. n. m. e...... 3 c e, m. o..m.,,.
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[] $ ! comun uunouunas su mun snut es. son asu uran novoc t=uisau toen in < son n>4us nx sum June 19, 1980 U. S. Nuclear Regulatory Commission Attn:
Mr. Mark J. Flynn M/S 286SS Division of Contracts RFP. No. RS-OSP-80-304 7915 Eastern Avenue, Room 208 Silver Springs, Maryland 20910
Dear Mr. Flynn:
Please refer to RFP
Title:
RFPA No. OSP-80-304 entitled
" Safety Aspects of Industrial Radiography for State Regulatory Personnel."
The following data address specific items in your Telex:
TECHNICAL 1.
The final examination can be altered t o meet your requirements.
2.
It is suggested that Dr. Roy A. Parker be accepted as a substitute for Dr. B.
P. Pullen.
A resumd of Dr. Parker was submitted in the original response to the RFP.
3.
Supplementary resumed of Messrs. Weiler and Riddle are enclosed.
Both of these men have been involved for several years presenting training programs to radiography personnel.
COST 1.
No change in cost is required to accommodate the changes.
Mr. Flynn, as you are aware, the Telex message was interrupted by a power failure induced by lightning.
Only a portion of the message was received.
In order to meet your deadline, the information
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contained herein is presented.
If other information is desired, please call me and the material will be promp'ly su'bmitted.
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l Sincerely, Sv-k+-
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Harry D.
Richardson President HDR/jc Encls.
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Donald H. Riddle P. O. Box 2543 Baton Rouge, Louisiana 70821 I.
Education 1.
B.S., General Studies with Nuclear Engineering options,
Louisiana State University, Baton Rouge, Louisiana, 1974.
2.
Military Training A.
Instructor training, Submarine Base, New London, Connecticut, 1965 B..
Nuclear instrumentation, reactor control systems, steam plant controls, FBM Advanced Training, New London, Connecticut', 1964 C.
Advanced reactor operator, U.S. Naval Training Center, Windsor, Connecticut, 1963 D.
Basic nuclear power, U.S. Naval Training Center Bainbridge, Maryland, 1962 E.
Submarine School, U;S. Naval Training Center, New London, Connecticut, 1961 II.
Military Background U.S. Navy 1960-1969 1962-1963 U.S.S. Hardhead SS365, New London, Connecticut 1964-1969 U.S.S. Robert E. Lee SSBN601 Holy Loch, Scotland Job Descriptions 1.
Senior Reactor Operator - Planned and supervised reactor controls division activities relating to pressurized water reactor controls and instrumentation.
2.
Training Petty Officer - Planned and implemented crew l
training programs ranging from reactor theory to radiological health.
3.
Reactor Operator - Conducted approximately 150 reactor startups to criticality including initial l
criticality after refueling.
C 4.
Special Qualifications A.
Reactor Shutdown Supervisor
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B.
Pressurized Reactor Operator C.
Fleet Ballistic, Polaris Submarines D.
Fleet Submarines III.
Job Experiences POSITION DESCRIPTION 1/79 - Present Manage overall operation of Operations Manager radioisotope manufacturing Gamma Industries facility, design of radiation Baton Rouge, Louisiana detection equipment, QA responsibility for manufacturing.
Radiation Safety Officer Training Manager for Industrial Radiography Training Program.
Manage safety program in compliance with Agreement State, Nuclear Regulatory Commision and Department of Transportation rules and regulations.
2/76 - 1/79 Operations Manager Manage overall operation of Gamma Industries radioisotope manufacturing facility.
Houston, Texas Radiation Safety Officer Training Manager for in-house radiological control programs.
Manage safety program in compliance with Agreement State, Nuclear Regulatory Commission and Department of Transportation rules and regulations.
8/73 - 2/76 Health Physics Product Manage production and design of Manager health physics instrumentation.
Gamma Industries Baton Rouge, Louisiana
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5/72 - 8/73 w
Associate Design and construction of Project Engineer basic research equipment for Louisiana State University projects funded by National Physics Department Science Foundation.
Proj ect Baton Rouge, Louisiana Engineer for high energy cosmic ray experiment utilizing advanced nuclear detection techniques and high altitude balloon flights in Churchill, Canada.
3/71 - 1/72 Hospital Equipment Service Established and implemented Company preventive and breakdown Baton Rouge, Louisiana maintenance program for cardiac care units in South Louisiana.
1/70 - 8/73 Radiation Technician 1)
Hot Cell Operator - Fabrication Gamma Industries of radioactive sources for Baton Rouge, Louisiana radiography 2)
Production, calibration and trouble shooting of health physics instruments for radiography and other industrial applications.
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EXPERIEliCE PROFILE JOHfi H. WEILER w.
FORMAL EDUCATION Industrial Engineering B5 - L.S.U.
fiutlear Engineering - Graduate School - L.S.U.
Health Physics - Oat Ridge Associated Universities CONTINUING EDUCATI0fi 1966 - Industrial Radiography - L.S.U.
1967 - Applied Health Physics - Oak Ridoe National Laboratory 1968 - High Energy Accelerators - Argonne National Laboratory 1974 - Basic Ultrasonic Testing - Krautkramer 1974 - ASME Section V and XI - ASME 1975 - Ultrasonic Weld Inspection - Krautkramer 1977 - Radiographic Processing - Kodak 1978 - Westinghouse Management Course WORK EXPERIENCE Primarily nondestructive examination, quality control and nuclear engineering with experience in manufacturing engineering, field project management and corporate management.
PRODUCT EXPERIENCE Nuclear Power Plant Fossil Power Plant Shipbuilding (Nuclear and Commercial)
Refinery and Pipeline Precession Nuclear Mechanical / Electrical components Pressure Vessels and Piping MATERIALS EXPERIEriCE Stainless Steels Steel and High Strength Alloys Uranium, Tungsten and Zirconium Lead Nickel Alloys Aluminum Alloys CODE EXPERIENCE ASME NRC ABS ASTM API AWS ANSI Standards Mil Standards N
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5/72.- 8/73 97 Associate Design and construction of Project Engineer basic research equipment for Louisiana State University projects funded by National Physics Department Science Foundation.
Proj ect Baton Rouge, Louisiana Engineer for high energy cosmic ray experiment utilizing advanced nuclear detection techniques and high al~itude balloon flights t
in Churchill, Canada.
3/71 - 1/72 Hospital Equipment Service Established and implemented Company preventive and breakdown Baton Rouge, Louisiana maintenance program for cardiac care units in South Louisiana.
1/70 - 8/73 Radiation Technician 1)
Hot Cell Operator - Fabrication Gamma Industries of radioactive sources for Baton Rouge, Louisiana radiography 2)
Production, calibration and trouble shooting of health physics instruments for radiography and other industrial applications.
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C EXPERIENCE PROFILE:
JOHN H. WEILER PAGE 2 f
PROFESSIONAL RECOGNITION te Registered Professional Engineer - Nuclear ASNT Certified NDT Level III - RT, UT, MT, PT Who's Who in the South and Southwest Authored Technical Publications a
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1 A PROPOSAL to U. S. Nuclear Regulatory Commission Division of Contracts Washington, D. C.
20555 RFP
Title:
RFPA No. OSP-80-304 SAFETY ASPECTS OF INDUSTRIAL RADIOGRAPHY for STATE REGULATORY PERSONNEL Solicitation No. RS-OSP-80-304 Offered By A
Gamma Industries Division Nuclear Systems, Inc.
Post Office Box 2543 Baton Rouge, Louisiana 70821
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By : }llt-, hly' vi % '< ^ ~
Harry D.
Richardson President May 6, 1980
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UNITED STATES
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g NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 3
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April 11, 1980 Gentlepersons:
Subject:
Request For Proposal No. RS-0SP-80-304 Entitled " Safety Aspects of Industrial Radiography For State Regulatory Personnel" The U.S. Nuclear Regulatory Commission (NRC) is soliciting proposals for the above titled project. Your firm is one of those invited to submit a proposal.
All proposals received will be evaluated by the criteria specified in Part II of this solicitation and by the fairness and reasonableness of the cost to the Government. A signed original and three (3) copies of your proposal, prepared in accordance with the requirements of this solicitation must be received on or before 11:00 a.m. on May 12,1980.
U.S. Nuclear Regulatory Commission Division of Contracts, Room 286-SS Uashington, DC 20555 Attn: Elois Wiggins If your proposal is to be hand carried, please adhere to the instructions contained in Block No.11 of Page 1 of this solicitation. You are also instructed to submit three (3) originally signed copies of this solicitation.
Please direct any questions concerning the requirements of this solicitation to Ms. Elois Wiggins, Contract Specialist, at Area Code 301, 427-4021.
Sincerely.
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Mary Jo Mattia, Chief Administrative Contracts Branch Division of Contracts Office of Administration
Enclosure:
As stated i
a REQUEST FOR PROPOSAL (RFP)
Solicitation No. RS-0SP-80-304
- CONTENTS -
Page a
Part I - GENERAL INSTRUCTIONS A.
Standard Form 33; Solicitation Offer and Award 1
B.
Representation, Certifications, and Acknowledgements 2-6 Part II - SOLICITATION INSTRUCTIONS AND CONDITIONS AND NOTICES TO OFFERORS A.
Standard Form 33-A; Solicitation Instructions and 7-8 Conditions B.
Motices to Offerors No. '
- 20. Notice of Proprietary Information
-9 21. Size, Standard and Product Classification 9
- 22. Disposition of Proposals 10
- 23. Conduct of Negotiations 10 24 RFP Identification 10
- 25. Acceptance Period 10
- 26. Cost of Proposal Preparation 10
- 27. Award Notification 11
- 28. Other Contractual Connitments 11
- 29. Type of Contract 11
- 30. Proposal Preparation and Format 11 - 12
- 31. Technical Proposal. Content 12 - 13
- 32. Business Proposal Content 13 - 15
- 33. Evaluation of Procosals 16 Part III - CONTRACT SCHEDULE Article I
- Statement of Work 17 Article II
- Delivery 21 j
21 Article III - Period of Performance Article IV
- Option to Provide Additional Training and 21
- Extend the Period of Performance Articlell
- Consideration and Payments 22 Article VI
- Responsibilities of the Project Officer 22 Article VII - Technical Of rection 23 Article VIII - Inspection and Acceptance 24 i
4 Page 2 Table of Contents (Cor.tinued)
Page Article IX
- Billing Instructions for NRC Fixed Price 25 - 26 Contracts Article X
- Preservation / Packaging / Packing 27 Article XI
- Key Personnel 27 Article XII - Subcontracts for Work or Services 27 Article XIII - Private Use and Protection of Unclassified 27 Government Information Article XIV - General Provisions and Alterations Thereto 28 Part IV - ATTACHMENTS 1.
Optional Form 60 a.
Fixed Price Supply Contract General Provisions, dated February 15, 1978.
NRC Contractor Organizational Confitets of Interest (41 CFR Part 20) 3 e
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SOLTCITATION, OFFER AND AWARD
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The address shown in Block 7 is for mailing Note:
only. Handcarried solicitations should be addressed as indicated in Block 7 and deposited in the 501.ICITATION DEPOSITORY located in toom 286 at 7915' Eastern Avenue. Silver Spring MD. Telegraphic respont.as ua.. int.mstar.f zed.
OFFER tp.ges 2.nd 3 must.nso on tusty compoened by otteror)
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'$ECf10N 8 - CONTRACT FORM & REPRESENTATIONS. CERTIFICATIONS AFP RS- 05P 80 A@ OTW:D STAT m:NTS OF 0 F00q
.A REPRk&tNI AllONS. CERT!*iCATIONS AND ACKNOWI.EDGMENTS raQe 2 RE PR ESENTATiON3 ICheck or com'olete all wclocable beaes or blocks.1 The offeror verwesents as part of his offer that:
SMALL sustNESS (See par.14 on SF DA.)
1.
He d es, O es not, a smat bus. ness concern. If offeror is a smalt business concern and is not the manuf acturer of the, supplies of f ered, Pie also represents that.Il supplies to be lutnished hereunder O will, O will not. be manuf acturered or produced by a small business concern
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in the Umted States,its possessions, or Puerto Rico.
, MINORITY BUSINESS Ef+TERPRISE 2.
He O is,9 is not, a minority business enterprise. A minority business enterprise is defined as a " business, at least 50 percent of which is owned by minori y group members or,in case of publicly owned businesses, at least 51 percent of the stock of which is owned bymenority t
group membees." Fof the purpose of this definition, minority group members are Negroes, Spanish.spealiing American persons, American-Orientals American. Indians, American Eskimos, and American.Aleuts.
3.
REGULAR OE ALER - MANUF ACTURER (Applicabic onty to supply contracts escreding $10.000.)
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He is a Q regular dealer in O manuf acturer of, the supplies offered. -
- A.
4 CONTINGENT FEE ISer par.1S on SF DJ.)
. (a) He O has,3 has not, emplsyed or retained any c'o'mpsny or persons forhee than a full time bona fiL'e employee working solely for the o//cror) to solicit or secure this contract, and (b) he O has,&has not, paid or agreed to pay any company or person (other than a tull.
. time Dono ride employee ieorksng solely for the o//erorf any f ee, commission, percentage, or brokerage fee contmgent upon or resulting from the award of this contract; ard agrees to f urnish information relating to (a) and (b) above, as requested by the Contracting Officer. (Interpre.
tation of the representation, including the term " bona fide employet "see Code of Federal Regulation.t, Title 41, $ubpart 1 1.S.)
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TYPE OF BUSINESS ORGANIZATION He operates as O an individual.O a partnership, O a nonprofit organization,53 a corporation, incorporated under tne laws of ine State af 6.
AFFILIATION AND toENTI FYINC D ATA (Avolicable onty to advertised solicirations.1 Each of f eror snail comosete f a) and (b) if apotecable, and (c) below:
(a) He E is, O is not, owned of controlled by a parent company. (See par. f 6 on SF.r-A.)
(b) If the off eror is owned or contsolled by a parent company, he shall enter in the biocks below the name and main office address of the parent company:
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"',7 ' T.'"eM E E"i Nuclear Systems, Inc.
924 Joplin St., Box 25'43
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ra 7nel er. e -so,ee s sos.omcat o.
, eamis(# pWeLas # 22-ai o**daoa s s s.
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.,o Same 75-1292808
~ 7,MOUAL OPPORTUNITY (al He O hes. Ghas r$ot,' participIted in a brevlous ciantract or sabcontract' subject either to the Ecual Opmrtunity clause herein or
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the riauv. originally coniantert in section 301 of Esrcutwe Order No.10925. or the clause contained in Secreon 201 of E=ecutive Orrter No.
LLLl4. ahat he C has G has nat, filed all rsstuire f cumpliance reports; and that representations i wticasmg submeuiius of rectoireil comph. nice
~ res=>ris, wgned lay prui=%cil wl contractors, will be nhtainert prior in subcontract awards. (The aineve ecpriwetatu a =vt ewit I sulumis..! io connectum with contr :ts or whenntracts which ori.cnempt from the equal opportunity clause.)
Ih) The indtler tur of f.vur) represent's that (1) he O has deveioped and has nn siin. 9 h.n...i.weot.ni
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.s.. h.w..n i.t.. ai e ch erstahhshment af fismative action programs as nquered by the rules and rejutations al eine Ses:ri.e ry ni Lat is '(41 Cl il GO I
=1 Cfl N w (2) he Q has not prewrobdy'had contracts subject to the written affirmative action programs requirervient of the rseles.s.=f regulasso.n ot steir Secretatt of Labo'r. (The above representation shall be completed by each bidder (or offeror) whose bid fol/er)is 550.003 er mors and who has 50 or mare employees.)
CERTIFeCATJONS ICnecx or comstere att acotoescle ooses or stocssl 1.
BUY AMERICAN CERTIFICATE The of feror certifies as part of his offer, that: each end product, except the end products listed benow, is a domestic end product (as defined in the c/Ju.e entitled **Suy American Act");and that components of Unknown origin have been consedered to have been mined, produced, or manufactured outside the Umted States.
countav or on Gee sactuota gens puooucis NONE NONE Saannaeit Fe.m 33 Paec 2 thE v 3 MI
e RS.0SP-80-304 RF.D
'. SECTION B - CONTRACT FORM & REPRESENTATIONS,' CERTIFICATIONS, AND OTHER Pece 3 STATEMENTS OF OFFEDOR (continued)
C1.EAN AIR AND WATER (Applicable if the bid or offer esteeds $100.000,or the contracting officer has deterrnined that orders 2
or a facility to be used has been the subject of a conviction under an indefinste quantity contract in any year will esceed $100,000, j
under the Clean Air Act (C fl.S.C.1857c.8(cIll))or the feoeral Water Pottution Control Act (2J f,f.S.C tJ19(cIl and iv listed b\\
or is not otherwise esempt.1 3
The bidder or of feror certifies as follows:
(a) Any facility to be utilized in the performance of this proposed contract O has, O has not, been listed on the Environme Pr tection Agency (.ist of Violating Facilities.
(b) He will promptly notify the contracting officer, prior to award,of the receipt of any communication from the Director, Federal Activities, Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of thJ 1
3 contract is under consideration to be listed on the EPA list of Violatir g Facilities.
. (c) He will include substantially this certification, including this paragraph (c), in every nonemempt subcontract.
j CERTIFICATION OF INDEPENDENT PRICE DETERMINATION ISee par.18 on SF JJ Al lal By submission of this offer, the offeror cartifies, and in the case of a joint offer, each party thereto certifies as to its ow 3,
organi:ation, that in connection with this procure nentt (1) The preces in this offer have been arrived at independently, without consultation, communication, or agreement,
- ~
..;. l.
purpose of testricting compet tion, as to any matter relating to such price's with any other off eror or with any competitor;
-e i
(2) Unless otherwise recuired by law, the prices which have been Quoted in this off er have not been knowingly disclos i
d in the (f feror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised prccurement or pr or to awar 2.*
u case of a nejotiated procurement, directly or indi*ectly to any other offerrt or to any competitor; and (3) No attempt has been made or will be made by the offeror to induce any other person or firm to submit of not to subm cf fit for that purpo$ of restricting competition.
(b) Each person signing this offer certifies that:
(1) He is tha person in the offe'or's organiiation responsible within that organization for the decision as to the prices b cf fered herein and that he has not participated,and will not participate,in any action contrary to (a)(1) through (alf3);above; or (2) (i) He is not 'the person in the offeror's organization responsible within that organization for the decision as to the prices bring of fered herein but that he has been authorized in writing to act as. agent for the persons responsible for such decision in sucn persons have not participated and will not participate,in any action contrary to fal(1) through (al(3) above, and as their agent coes hireby so certif y; and (ii) he has not participated, and will not participate,in any action contrary to (a)(1) through (a)(3) above.
C2i1TIFICATICN CF NCNSEGREGATED FAClUTIES (Applicable to (11 contraers. (21 subcontexts..mrt (J).ouruvenhurs owsto 4
app llc:nts who are thernselves perforndng leger.olly assisted construction contracts, eurerbng 510.000 wruch. ore not eso rniit truen the provrkions of the Estual Caportunity clause.)
Sy the submission of this bid, tne bidder, offeror, applicant or subcontractor certifies that he does not maintain er provide for his employees an'y segregated facilities at any of his estaolishments, and tnat he does not permit his employees to perf orm their serv loc;:tm:n under his controt, where segregated f acilities are maintained. He certifies f urther that he will not maintain or provide for his emp ces ariy segregated f acilitses at any of has establishrnents, and that he will r et permit his employegs to perform their services at uncer has control,where segregated faolities are maintained.The bidder, offefor, applicant. or subcontractor agrees that a breach of this tification es J violation of the Equal CD;ortunity clause in this contract. As used in this certification, the t'errn ** segregated facilities ** rne any waiting rooms, work areas, rest rooms and wash rooms, *estaurants and other eating areas, tirne clocks, locker rooms and other storage or (ressing areas, parking lots, drinking fountains, recreation or entertaintnent areas, transecrtatio'n, and housing facilities provided for employers which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, becs
-ef haoet, local custom, or otherwise. He further agrees that (escept where he has obtained. identical certifications from proposed-subcoritractors for specific time periods) *e-will obtain identical certifications from proposed subcontractors prior.to the award of _.
sutsenntracts exceeding $10.000 which are not exempt from the provisions of the Ecual Opportunity clause; that he will retain such curte!..ations in his files; and that he will forward the following notice to such prcocsed subcontractors (except where the propred yt.mnte.v sed, have sulanisseel utenticM ces tifications Inr specific time periods):
N.. sa to pmsyveieve subcnntractoes af reeuween it for certifications of nonsegregaesel focalisies.
A t,*retilic.ation ut Non.gregated Ft.cilities must be submitted prior to the award of a subenntrart eurmt.suisisj,000 whicts is nos esempt from the provi..ons of Ine Ecual Opportun.tv clause. The certification may be subm.tted citrare for each s.1=unis.n:t.v fru 18 subr:nntracts during a period (i.e., quarterly, semiennually, of annually). NOTE: The penalty for irming /.,ise uttas er pre.sc,,heit,,,1:t l
i U.S.C 1001.
=
l l
o.ouw no 1
oara L
wo.o o.t o l
ome ACxNC'.*iLECGMENT OF AMENCMENTS The of.orar scanoeoo;ee roca.ot of smno-
, rems to the f,chc.t: ton for off ers and aMed i
I oocarnents numow.ed and cateo as tok"w's; I
NC 75. Otters mus: set fartn tull, accurate and com,Cete antarmaroon as recurrett cy tr.us Sotocaratoon fonctuc:onyttacammw. Tne p* nalty for m *Vur f.olse staterc~s:s orr alfeet it uteserrhm/in 13 U S C 1001.
7:....
=
i---- -
-y
~
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.RFP RS-OSP-80-304 P* Je 4 Continued From SF Reprre.cntations. Certifications, and Acknowledgaments 33 (page 3)-
~
Wor 4AN-0WNED BUSINESS The business is
- 8. 5.
Concern is O is not M a woman-owned business.
i s trust yes
~~~
The business,is 1 percent no.
A woman-owned business is a business which is, at least, 5or Operated owned, controlled, and operated by a woman defined as exercising the power to.make policy hich are publicly
.~
. For the purposes 'of this definition, businesses w 1
empted.
owned, joint stock associations, and business trus j*
bl e.'
not, woman-owned if this infonnation is availa
~
PERCTUT OF FOREIGil C0r4TEtti diately
- n. 6.
bidder / contractor will represent' (as an estimate), inme i
tent after tne award of a contract, the percent of the fo The f the t is contract award price (accuracy within plus or minus 5 percen j
acceptable ).
r!O::-DISCRIr4fMATION BECAUSE OF AGE CERT 7
B. 7.
-The bidder hereby certifies as follows:
h (a) In the performance.of Federal Co'ntracts, he a
~
ment, advancement, or discharge of employees or in connection with the tems, conditions, or privileges of their employment, discriminate against perso retirement plan, or statutory requirement, and
- - - - - - -... _ d s'ubcontractors, or persons acting That contractors an on their behalf, shall not specify. in solicitations or
~
(b) artvertisements for employees to work on Gcv maximum age limit is based on a bona fide o i,
l I
l l
f
RFP RS-OSP-80-304 Page 5 SECTION B - C0t4 TRACT FORM & REPRESEtiTATIONS. CONDITIONS OF 0FFEROR (Continued) 7.dara) Register (44 FR 22610
~
~
B.8 PROVISI0tt No. 5.5 April 20, l u i
- t *.I:stion of !=:i' 3usiness Concerns
, al Cme;;;1us'=:ss Ca:cer::s Ownes!
and C:=talled by Socisily and Economically C*sedvants;ed ladidduals (a) It is the ;sticy of the Unlied 1:stes that str.a; busi:ess concerns sad s:ssi!
buur.:ss canc:rns owned :sil cont :i!ed by socia!!r :nd ec:nc:nica!!y disadvan::::d indidd: sis sh:!! ha <=
d t msxtmum ;r:ctic:ble :ppart=3
- s pur:ic:pste In tha ;erf :=anc: of ccatracts let by say Federal s;:ncy.
(b)The c:n:r ::or her:by =g ees :s
, carry c3l 813 p*II:y 3 the sw4rdia; of
~.-
- T= -
-d. -
succen::ac:s to the f !! cst extect c:nsistent witis the ef!!: test periores::: of dis cc :::::.%e con:::c:or ivrther agrees :o ce:::= rate is acy atudies or surve/s 2:::nay be candue:ed by the Sms!!!iusiness
~
A-- *s:ratien or the c:attac::ag s t
sr :ncy w::::h =sy be nec=3s:ry in
'**ct=ise de es:ect of be e:::rne:::'s cc::;!!anc: wid iis c!:sse.
(c.'(i! D.: t: =.~smai! bcriness c===:rn* sissI! =enn a sats;; business as de::::d ca::utai := Sec:::= : of :he 5= !! 2::smess Act : din telev:nt re; !asicus prs = 1;;:tcd;ur:::.st th:-::o.2
[:10.e te :n "s=:11 *:uaisess crecarn o-::ed and c:::::!!ed by soci.;;y :nd ec::::: c:!!y diss:iv:::agad
!:::visic:ia si::.1==== s s==:: *cu:iners c::::: t-(il which is at le:st !!;er ::sts:s owned by one or = ore sacia !y ::d.
c-:nomically dit:dv:ntages!
ind!siduals: cr in me case cf any pub::c!y nwced business at least 31 p-r c:=~.am of the stuck of wh!=h is ow=:d by n.c nr :ncr: social!y :nd as::c=:::Ily diaad.ust ;-d indiv:uuals:: d tril whsse nis=:ce=c:it ihd 'd:f!y * - - - - - - -
bu==-ss escr:ttone =re c': trcIled.by or.e er more cisuch individuals.
The ennts:c:cr shsil;resu== that social!v :nd c:: c=ica!!y di adv': t::ed individuais !=:!:d "!::!:
A nene::s. His;::::e A=eric===. Natave Aracticas:. ansi u$cr min:rtties ct any other hidirt:!=al f: =d to bc
<!! advant=;td by :he Smui10:siness
/s.!=t=:::::stic: pur:u:nt Ia sec:!ca U(2) of me Sm:11 Uustaess A:.
(d) Contracters ecting in sW fa::*: may reiy on wntten resresentations by their subcontractors as encier e smelt businese cancern or e small bueenese concem e=med and contmiled by eac:aily and economically disadvantaged Individuala.
9
RFP RS 0SP-80-304 e.
- Page 6 SECTION B - CONTRACT FORM & REPRESENTATIONS, CON 0!TIONS &
a m
OF OFFEROR (Continued)
CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST B.10
.I represent to the best oY my knowledge' and belief that:
of a contract or the The award to
) or does not (
) involve modification of an exts:tng contract ooes (of the type set foith in 41 CFR paragraph situations or relationship:
20-1.5403(b)(1).
the representation as ccmpleted indicates that situations or.[..
relationships of the type set forth in 41 CFR 20-1.5403(b)(1) are -
If involted or the ContractirJg Officer otherwise determines that potential c.
organi:ational conflicts exist, the offeror shall provide a statement
- in writing which'. describes in a concise manner all relevant facts If the bearing on.his representation to the Contracting Officer.
Contracting Officer determines that organizational conflicts exist, the following actions may be taken:
(i) Impor.: appropriate conditions which avoid such conflicts.
~
(ii) disqualify the offeror, or dett.rmine that it is otherwise in the best interest of the (iii)
Uni:ed States to seek award of the contract under the waiver provisions of i 20-1.5411.
5 20-1.5404(b)
The refusal to provide the. representation required by or upon request of the Contracting Officer the facts required by
! 20-1.5404(c)', shall result in disqualificatien of the offeror for.
The nondisclo:u're 'or mi: representation of any relevant interest
.awa rd.
F for awards; or my al:3 result in t.e discualification of the offer:
t if sur.h nnndisclosure or misrepresentation is di'scovered af ter awced.
The offeror may also be the r.:ulting contract may be terminated.
dicqualified frem subsequent related NRC contracts and be subject to
~
such cther recedial action: provided by law or the resulting contract.
l The offernr may'. b'ccau.6 of actu'al or potential ~ organi:stional conflicts
~
~
of int.cres!.. propose to exclude specific kinds'of work from the state-r:ents of work contained in a RFP unless the RFP specifically prohibits.
such escin'. ion. Any such propcsed exclusion by an offeror will be
(
If the NRC con:fdnec<j hy the HFS in the evaluation of proposal:.
connblor:. the proposed excInded work to be an essential or integral, part of tlyr required work and its exclusion would work to the detriment of the competitive posture of the other offerurs, the proposal must be rejected at unacceptable.
The off eror's failure to execute the reprpsentation required herein l
i l
with cer:pect to invitation for bids will he considered to be a minor infrnwility, and the offer n will be permittert to co: act the er.:issinn.
i fu.v cnn.'.ract rc:ulti ig freia a solici tation regulieb nt shall inclui!r general in i
(41 CMt 20-1.540*.-l) prohibiting centr.sctor: from enganine; in:ces t.
l
..:1. Liinn. hips which may give rise to an actual or apparent conflict of
.:dur;;::
- C Crmrac
- or 0.U.ni.ational Ccnflicts of Interest ('.1 C.2 Part 20) i
~
included as' Attachment No. 3.
PART II
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RFP RS-0SP-80-304 Page 7 SOUC!TATION INSTRUCTIONS AND CONDITIONS
- 7. l. ATE Bilis, MODIFICATIONS OF BIDS, OR WITHDRAWAL. Off DEFINITIONS.
- BIOS, (a) Any bid received at the osce designated in the solicitauon after a used hereist (a) The term " solicitation" means Invitation for Bids (IFB) where the canct dme sped 6ed, for receipt will not be considend unless at is e procurement is advertised, and Request for Proposal (RFP) where received before award as made and eithery (1) It was sent by registered or cerused mail not later than the e $recurtsment is negodated.( ).The term "oNer* means bid where the procurement is adver.
Afth calendar day pr or to the date speci6,ed,for the, receipt of bids f
bids by the 20th of the month must have been maa,eq
.ed, and proposal where the procurement is nestinated.
(e t, a bid subreatted in reponse to a solicitation rled by the Isch or (c) For purposes of this so?icitation and Block 2 of Standard Form 1, tese term " advertised" includes Sma!! Business Restdcted Adver.
earlierli or (2) It was sent by mail (or telegram if authorized) and it as n:s ted other types of restricted advertising.
1 determined by the Government that the late receipt was due solely to
. PREPARATION OF OFFERS.
mishandling by the Governrnent after receipt at the Governinest (a) OKerors are espected to emannine the drawings, sp-ci6 cations, installation.
(b) Any mod;6cau,en or withdrawal of a bid,is subject t's the same
- hedric, and all instrucdone. Fai%re to de no s ;11 be at oferor's
- condidens as in (a), above. A bid may alas be wi,thdrawn,in person ik.
by a bidder or his authorised representative, 7rovided h (b) Each oferer shall furnish the information required by the
.liotetion. The oferor shall sign th. solicitation and print or type is nzsne on the Schedule and each Condnuttion Sheet thereof on drawal is inade pner to the epact dme set for receipt of bids.
hich he enames an entry. Erasures or other changes must be inidaled (c) The only acceptahl,e evidence to establish:(1) The d f the person signing the o#er. OKers signed by an agent are to be
-companied by evidence of his authority unless such evidence has
' sent either by resistered or certined mail is the U.S. P,os, cal Service postmark on both sne envelope or wrapper and on the oraginal receipt -
-en previously furnkhed to the issuing esca.
from the U.S. Postal Service. If neither postmars shows a legible date, (c) Unis price for each unit oNered shall be shown and such price salt include packing unies otherwise speci6ed. A total shall be entered the bid, modi 6 cation, or withdrawal shall be deessed to have been i che Amount column of the Schedule for ereh item ofered. In case emailed late. fThe teren " postmark" means a printed, stamped, or other*
i f di,crepancy between a unit price and estended price, the unit pries wise placed impmsaan (esclusive of a postage meter machine smpres-ill be presumed to be correct, subject, however, to correction to the sion) that is readily identinable without further action as having been 6me catent and is the same reanner as any other mistake.
supplied and a5xed on the date of inailing by employees of the U.S.
(d) ONers for supplies or services other than those speci6ed will not Postal Service. Therefore, ofe-ors should request the postal clerk to P ace a band cancallamon bull's-eye "posanark" on both the receipt e considered unless authorised by the solicitation.
l (e) OKeror rouse state a dennite time for delivery of supplies or and the envelope or wrapper.)
(2) The tune of receipt at the Government installau,on,s the er performance of services vales otherwise speci6ed in the solicitation.,
t (f) Time, if stated as a number of daye, will inc.ude Saturdays.
time.date stamp of such i'istallation on the hid wrapper or other undays and holidays.
documentarv evidence of receipt maintained by the installation.
(g) Code bones are for Government use only.
(d) Notwithstanding (a) and (b) of this provision, a late modifi-cataos of an otherwise successful bid which rnales its terms more
- . EXPl.AN ATION TO CFFERORS. Asy explanation desired by an favorable to'the Govemment will be considered at any time it is tv-.
Aror regarding the meaning or interpretation of the solicitation, ceived and may be accepted.
rewings, speci6cadons, etc., caust be requested in writing and with uscaent tame aliewed for a repir to reach oKerors before the sub-Noto The term " telegram" includes maileracne.
sissyn'of their osers. Oral espianations or instruedons siven before 8.IATE PROPOSALS. MODIFICATIONS OF PROPOSAt.S. mfd he award of the contract will not be binding. Any inforrnation given WITMDRAWALS OF PROPOSALS.
o a prospective olleror concerning a solicitation will be furnished to (a) Any proposal received at the oEce designated in the solicits-J1 prospective offerors as an amendment of the solicitation, if such don after the exact time specified for receipt will not be considered nfs'rmatian is necessary to offerors in submitting oders on the solicita.
unless it is received before award is made, and:
ion or if the lack of such information would be prejudicial to un-(1) It was sent by registered or certi6ed mail not !ater than the ci t U sfumed oKeron.
pec df to a,
t, u ng L ACXNOWLF.DGMENT OF AMENOMENTS TO SOUCITATICNS.
oKers by the 20th of the me. nth must have been mailed by the 15th or a oK r s m d of an amendment to a solicitaden by an oKeror must Le teceipt earlier);
chnowledged (a) by signing and returning the amendment, (b) on (2) It was sent by mail (or tehgram if authorized) and it is three of Standard Foran 33, or (c) by Istter or telegram. Such determined by the Govemment that the late receipt was due solely
.cinswledgment must be received prior to the hour and date specined to mishandling by the Govemment after receipt at the Government
.cs or receipt of oders.
installadont or (3) It is the only propesal received.
- 1. SUBMISSION OF OFFERS.
(b) Anv medincadon of a proposal, except a modincation resulting (a) Offers and modi
- cations thereof shaII be enclosed in sealed from the Contracting Odicer*: request It,r "best and naa!" oKer. is sub.
-nveloperand addreawd to the oece specined in the solicitation.The Ject to the same condidons as in (a)(1) and (a)(2) of this provision. ~
I
',Keror sha!! show the Isour and date specined in the solicication-for -
(c) A medincation resulting from the Contracting 05cer's request l
the soli.htions runnber, and the masse and address of the for best and Enal" oder received after the time and date speci6ed in
- eceipt, the request will not be considered unless received before award and
,Keror en the f ace of the envelope.
(h) Teicerschic. oKers will not be considered unless authorized by the late receipt is due solely to mishandling by the Govemment after ha so..cita asiii; however, oKers ma* be roodi6ed or withdrawa by receist at the Government inst.*Ilation.
~
written nr teleeraphic notice, provided such nodce is received prior to (d) The o@ areptable evidence to establisli he haur and date speciArd for receipt. (However, see paragr3phs 7 (1) TF m:e I mailing of a late proposal or modiGeation sent either by 5 %ed a i:ertiEed mail is the U.S. Postal Service poet.
.ad 8. )
(c) Samples of licsias, when required, must be submitted within the mar's e' osi.. e en-74pe or wrapper and on the original receios from inne spwified. and unless otherwise speciErd by the Government, at th-d y S *; Serms. If neither postmark shows a terible date, the m evnte in th-Governa.ent. If not destroyed by testing, sarnples
, nncaien shall be deemed to have been mailed late.
ma w
.ill 1.c sutunned at oscrur's request and crpense. unless otherwise asek" recans a printed, stamped. or otherwise, placed pecili.:J try the solicitation.
N* i M o a$sive of a postage meter machine impression) that is wreswo.
,e
- 5. FAILURE TO SusMIT OFFIR. If age e.Ker.is t he subem.eted,da Mily idend=# without further action as haviner been supplied and ae.ned on the das, of nailing by employees of the U.S. Postal Service.
nut r. enen the inli. itate.n unless nahermse,pecirust. A leverr..e post.
s
- tsd h.ill be wat to the issuins orTere adviseng whether future sn, r-.
Therefore, oricrors snad request the postal clerk to piace a hand h
cancellation bull's-cye "podrnark'* on both the receipt and the envelope itats.n for the ime of.nf. plies g.c services envered by this sniscy,tation 1%i..ne..f the trein.cnt to e.Ker, or in notify the muing or wrapper.)
at the Government installation is the i
are.l
...,4 (2) h time of receipt future ial;eitaui..ns are deured, may result in removal,ni time.date starnp of such insta!!ation on the proposal = rapper or other
..mre ib.it the n.unc..f.n. h c.
ipirne frnne the maihng list for the type s.f supphes documentarv evidence of receipt maintained by the installaden.
..e servie ruserrd Isy the sol catation, 3Ie.t#DanO Fonss 334 Utov.1-78)
Presenhed by GA FFR (48 CyR) 1-16.101 l
32
.+
d
~... - - -
(
(e) Notwithuanding (a), (b), and (c). of this peevision, a late 35-45),the Contract work II..urs Standarels Act f 40 U.*in %7-3h81.
modincation of en otherwise successful proposal which makes its terms and the Service Contract Act af 19G5 (41 U.S.C. 351 3',7) may i=-
more favorable to the Govemanent will be considered at any time it is nietained frani the Department af Lahar. Washinet..n, D.C. 2WJin, or (nm, any regiunal ornce af that agency Reqm-sts f,,r inia.nnatiam sh'aild received and may be accepted.
(f) Proposals snay be withdraw by written or telegraphic nodce incleide the solicitatiun number, the ; cime and address of the,asums; t
seceived at any time prior to award. Proposals snay be withdrawn in aprney, and a descriptian of the supnhes ser services.
person by an oferer or his autMriand representative, provided his
- 13. SELLER'S INVolCES. Invoices shall be prepared and subrau.tted adensity is maoe known and he signs a receipt for the proposal prior in quadruplicate (one copv shall be snaiked "onginal") unless other-to award.
Con-Note: The norm "talegram" includes mailgrams.
wise specined. Invoices shall contain the following information:
,itern numbers, description of supplies Note: The alternate late proposals, modi 6 cations of proposals and tract and order nurnber (if any)it prices, and entended totals. Bill of or services, aius, quantities. un withdrawals of proposals provision presenbed by el CFR l-3.802-2(b) lading number and weight of shipment will be shown for shipseenes oball be used in lieu of provision 8, if speci&ed by the contract.
. esade on Government bills of lading.
j E MCOUM
- 14. SMALL BUSINESS CONCERN. A small keinem concern for'the (a) Notwithstanding the fact that a blank a provided for a sea (10) purpose of Government procurement is a concern, includ6.g its afEli-day discount, prompt pavinent discounta ofered for payment within less than twenty (20) calender days will not be considered in evalv-ate, which is independently owned and over-t:2, h not doeninant in sting o#ers for award, unless otherwise speci8ed in the solicitation.
the 6 eld of tion in which it is su'.anienns oKers on Government can fureer qualify under the criteria concerning num-However, ofered discounts of less than 20 days will be taken if pay-her of employees, average annual receipts or other criteria, as pre-
- contracu, ment is made within the discount pened, even though not considered scribed by the Small Business Administratiert. (See Code of Federal
.in the evaluation of ofers, (b) In connection with any descount ofered, timme win be computed Regulations. Title 13, Part 121, as amended, which contains detailed frosa date of delivery of the supphes to carrier when delivery and industry definidens and related procedures.)
acceptance are at point of origin, or from.date of delivery at desti-
- 15. CONTINGENT FEE. If the oferor, by checking the appropriate nation or port of embarkation when delivery and acceptance are at sicher of those points, or from the date correct invoice or vowcher is boa provided therefor, has represented that he has employed or retained y or person (other than a full. time bona Adc ernployee work-received in the of5ce spciAed by the C-a, if the latter date a cena is later than date of delivery. Payinent is deesned to be made for the ing ely for the o6eror) so solicit or secure this contract. or that he purpose of earning the discount on the date of mailing of the Govern-has paid or agreed to pay any fee, comm' sion, percentage, or broheage a
seent check.
fee to any company or y*esen contingent upon or resultina from the sward of this contract, he shall furnish, in duplicate, a completc Stand-
- 10. AWARD OF CONTRACT.
and Form 119, Contractor's Statement of Contingent or Other Fees. If (a) The contract will he' awarded to that responsible oferer whose oNeror has previevely furnished a completed Standard For n 119 to the oKer conforming to the solicitation will be most advantageous to the ofEce issuing this solicitat on, he may accompany his oKer with a signed
~
(a) indicating when such completed form was*previously Government. pnce and ather factors considered.
,tatement (b) The Government emervn the right to reject any or all oEers furnished, (b) identif>ing by number the previous solicatation er con-l and to waive informalides and minor irngularities in ofers received.
tract, if any, in connecuon with which such form was submitted, and (c) The Government enay accept any item or group of items of anY (c) represendog that the statement in such form is applicable to this ofer, unler the oferor qualines his offer by speci5c lindsations. UN-
- oger, LESS OTHERWISE PROVIDED IN THE SCHEDULE, OFFERS MAY BE SUBMITTED FOR ANY QUAhTITIES LESS THAN
- 15. PARENT COMPANY. A P* rent comp'nY for the P"#P" of this
- i ch e.st u was w cent the actmues and be THOSE SPECIFIED: AND THF. GOVERNMENT RESERVES bun / s a company wness policies of the oNetw. To wn, anoeu emnpany mea THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A o the votmg nghu m t P'"*"U QUANTITY LESS THAN THE QUANTITY OFFERED AT THE
" **I"*** * "'*J "'Y I""" ' ""
P"""' """P'"Y ""." " hat company. To control anotner company, such -
4 i
UNIT PRICES OFFERED UNLESS THE OFFEROR SPECIFIES i
OTHERWISE IN HIS OFFER.
Ownersh8p as not required; if anothe,r company is able to farmulate, i
(d) A written award (or Acceptance of Ofer) mailed (or onlier.
determine, w vem basic busmess pohry decisions of the o#eror, such wise furnished) to the successful oEeror within the time for acceptance other company a considend the pannt comparq of the,o5eror. This specined in the oder shall be deemed to result in a binding contract control may be exercise,d through the use of dommant mmonty votmg i
4 without further action by either party.
rights, use of proxy voung, contractual anangemenu, w otherwise.
1 The following paragraphs (e) through (h) apply only to negodated solicitations:
- 17. EMPLOYER *S IDENTIFICATION NUMBER. (Applicable only to (e) The Go unment may accept witida the time speciaed therein, advertised solicitadons.) The oKeror shall insert in the appiieable space i
an> oKer (or part thereof, ne provided in (c) above), whether or not on th,e oder form, if"he has no parent company, his own Ernolo-er's i
there are negotiations subsequent to its receipt, unless the oEer is with, Idenu6 cation Number (E I. No.) (Federal Social Security Nurnber l
drawn by writtra notice received by the Government prior to award.
used on Ernolayer's Quarterly Federal Taz Return. U.S. Treasury If subsequent negodations are conducted, they shall not constitute a Department Forra 941), or,if he has a pawnt corspany, the Employer's rejection or counter oKer en the part of the Government.
(f) "Ilse right is reserved to accept other than the lowest oRer and Idenuncatson Number of his parent, company, se reject anv or all ofers.
- (g) The'Covernment may award a contract, based on.inida! oNers
- 18. CERTIFICATION OF INDEPfMDENT PRICE DETERMINATIDM.
Jaeceived, without discusion of such ofers. Accordingly, each laidal
( ) Iltis certincation on the oder form is not applicable to a feirigt
)
j offer'should be submitted on the esost Nrable, terms from a pnce oNeror submitting an oKer for a contract which. requires performance and technical wandpoint which the oNeu can mbmit to the Coverni or delivery outside the United States,its possenions, and Puerto Rico.
(b) ^n oKer will not be considered for award where (a)(I), (a)(31, asen t-(hl Amy Anandat data subenitted w. h any oNer hereunder or an7 or (b) of the cerdAcaden has been deleted or modined. Where (a)(':)
it t.arasentauon concemmar facilities or Anancmg will not form a part of the certiscation has been deleted or modiEcd, the oKe'r wil! not be l
of any resulung contract; provided. however, that,if the resulting con" considered for award unless the oNeror furnishes with the oKer a mirned tr3ct contasas a clause preved.ng for pnca reduccon for defecuve cost sentement which sets forth in detaII the circusastances of the disclosure or pricing data, the contract pnce w31 he subject to reduction if cost and the head of the agency, or his designee. determines that auch dis.
i or pncing data ferrushed hereunder as incomplete, anaccurate, or not cles re was not made for the purpose of reasticting competition.
current.
- 19. ORDER OF PRECEDEN f an incondssency be.
tween provimons of the solnes,CE. I i the
- 11. GOVERNMENT FURNIS'HED PROPEfmf. No saaterial, labor, or
- tahoo, facilities will be furnished by the Government unless otherwise pro, ons; (c) General Prov,couie; (b)
(a) the Sch Solicatauon Instructions and Condiu(ng order:
vided for in the solicitation.
isions; (d)
- 12. LA80R INFORMATION. General informadon regarding the re.
other provisions of the cuntract. whether incorporated by reference or quirernents of.the Walsh.Healey Public Contracts Act (41 U.S.C.
otherwisci sad (c) the speci5cadena.
f STANDARD FORh4 3a-A Beta Issev.3-723
- o u. S. oemeean.ees e seese meness eers-stianerMast a
i! --- -
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RFP RS OSP-80-304 Page 9
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NOTICE OF PR0pRIETARY IhFORMATION 20.
(a) Notice of Proprietary Information - Offerers are advised tha.t 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 ~
- a.
The clause set forth in paragraphs b. and c., below purpose.
should be utiliged by.the offerer in marking his, proposal.
a (b) Use and Disclosure of Data - Freedom 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 other 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 sh'all have the right to duplicate, use or -
disclose the data to the extent provided in the c:ntrac't.
This restriction does not limit the Government's right to use information contained in the: data if it is obtainable frem another source without restriction. The data subject to this i
restriction is contained in sheets Our failure to mark the preposal with a legend or otner.:ise 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 b'y the NRC pursuant to a Freed:m of Information Act request.
,(c) P.oreover, each sheet for which the offercr desires to restrict disclosure shall be. marked with the following legend:
"Use or disclosure of pioposal data is subject te the restriction on the title page of this proposal..I claim.
- - that-information contained herein is proprietary and-shall not be dis:lesed by the NRC in ac: rdanca with Exemption 4 of the ' Freed:m of Infer ation Act."
21.
SIZE. ST.mDARO AND PRODUCT CLASSI:ICATION It has been determined that.the material described herein is classi-fied under the Standard Industrial Classification Manual as No. 73g2
~
and a concam whose average annual receipts for its preceding 3 fiscal years do not exceed 52 million is c:nsidered as a small business concern
.o RFP RS-05F-80-304 Page 10 1
It:57RUCTI0t:5 & CONDITIONS & tiOTICES TO OFFEROP.5 (Centinu D157051 TIC:! CF FRC705ALS 22, Af ter award of c:ntract, one c=py of each unsue:essful pr:p sal will be re::ined by NRC, Division of Contracts, for a period of six (6) can: : and unless othe. wise notified by the offerer, u;:n
- u::iss
.,cf pr:posal, all other copies will be destroyed.
23.
C07:OUCT OF 11EGOTIATIC::5 Tc facilitiate the ne;ctiations process, if necessary, the offar:r i.s recuested to lis-the names and telephone number (s) of person (s) authori:ed to c:ndue: ne;::fatiens.
Jack Richard Mna) 387-0846 TELif n0 ii nisi-il Don Riddle (504) 38.3-7791
- E:i TELi?nG:li RF7 IDENTIFICATION
~
24 Mailing envelcpes should be marked with the RF? number. Aiss, include :ta RFP nu=ter in your cover letter and on each page of your pre;: sal. The preposal must be' signed by an individual e=pewered to bind the organization contractually.
F - '- C MW 25 54:::::s of -he ti=e required by the Government to evaluats prepesals adecuately, offercrs are recuested to specify a preposal ac:sptance period of not less than 90 days.
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' COST 'F PROP 05'AE P'RE'PA'RATI6N' ~ ~ ~ ~
~~
~
~~~-~-
0 ~
26.
This solicitation does' not comit the Government to pay any costs incurred for the preparation of proposals or for necessary studies or designs for the preparation thereof; nor to procure or contract for the articles or services shown under Article I herein. It is also brought to your attention that the Contracting Officer is the only individual who can legally comit the Government to the expen-diture of public funds in connection with the proposed procurement.
t l
I i
i 8
~ ~ ' ~
wm-
RFP RS-OSP-80-304 Page 11
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- INSTRUCTIONS & CONDITIONS & NOTICES TO OFFERORS (Continued)
- 27.
AWARO fl0TIFICATION All offerers will be notified of their selection or nonsalection as seen as ;cssible. Fernal notification of nonsaiection will not be ade until a c:ntract has been awardad.
28.
OTHER CONTRACTURAL CDPfiITMENTS The offer:r shall list any c:mnit=ents with other agencies, governmental or orivate, and indicate unether these c:.rait=ents will or will not intar'ere with the c:mcietion of work and services c:nta. : lated under this preposal.
29.
Tf E OF CCIII ACT It is c:ntanpla:ad that a fixed rice Contract will be awardad; hcwever, the. Govern = ant' rese-ves the righ: :: negotiate and award whatever type c:ntract is de e-=ined to be most acprepriate.
Tne fferer may submit an altarnate pr:cesal en any c:her basis c:nsidered a::repriate in addi:fcn :
.he c:s: rainbursa-:en: ype pr:pesal rwuested herein. In additien :: the s:scial pr:visicas of this request for pre:csal, any resultan c:ntract shall include the general pr: visions acclicable :: the selected offe r's cr;ani:1:1:n and type c:ntrac:s awarded. Any additienal clausas recuired by Public Law, Exec =:ive Or:ar, er pr:curement regula:icns in effect at, the time of execution cf the pre;csad contra: wili be included.
30.
F:.C705AL F:E3ENTATICN AND FCAPAT (a) P ::csals will be typewritten or re:r:duced on lettar-si:e paper and will be legible in all recuired c: pies. Unnecessarily eish:rsta br: huras er ::her =resan.ariens beycnd that sufficient to presan a c:mplete and effective pr::csal are nc desired and cay be c:nstrbed a's ~an f ndication of the offeror's inck cf
~
c:st :: scicusness.
Ela~ erate art works, ex ensive paper and c
binding, ex;ensive visual and other presentati:n aids are neither necessary or desired. i.egibility, clarity, and c:.cleteness are i=; r. ant.
(b) In ceder : '::nduct the evaluatien as excediticusly and as c:morenensively as possible. :he Govern = ant de: ires that offer:rs respond i.n ac::rdance with the guidelines set f rth beicw:
i
- w. e.
m
a p-e-RFP RS-OSP-80-304 Phge 12 INSTRUCTIONS A CONDITIONS & NOTICES TO OFFERORS (Continue PROPOSAL PRESENTATION AND FORMAT (Continued) 30.
(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 four (4.)
copies of each. Each of the parts shall be separate and complete
. in itself so that evaluation of one may be accomplished independergtly 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 ProoosaT - (See the following Paragraph 31 for tne specific content requirements.) The sechnical Resource Proposal shall not contain any reference to cost.
information such as data concerning ' abor hours, and, categories, materials, subcontracts, travel, commuter 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 aoproach in as much detail as possible including, but not limited to the requiremants of the Technical Proposal contents as listed in Paragraph 31.
'(2) Cost Procosal_ - (See the following Paragraph 32 for specificcontentrequirements.) The contractor shall utilite the Optional Form 60, Contract Pricing Proposal (Research &
Development), Attachment 2, in submitting his cost proposal.
0fferers may, however, submit the necessary-information in a different format where the offeror's accounting system makes use of the form impractical, or when required for a 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.
If your records are currently under audit cogni:ance of a Government audit agency, the address and telephone of that office should be furnished. One (1) copy of the technical and cost proposal shall be submitted by the offeror to the cognizant Government audit agency concurrent with the' submittal of the prepcsal to the NRC.
31, TECMICAL PROPOSAL CONTENT The offeror shall submit with the technical proposal full and i
ccmplete information in the order set ferth below to permit the Gosern9ent to make a thorough evaluation and.a sound determination that the prcposed acercach will have a reasonable likelihood of meeting the recuirer.ents and objectives of this procurement in accordance with the evaluation criteria set forth in Paragraph 33.
- _ _ _ ~ _.
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RFP RS- 0SP-80-304 Page 13
. INSTRUCTIONS & CONDITIONS & NOTICIS TO OFFER 0RS (Continued) 31.
TEcMMICAL PP.cPcSAL CcNTENT ('.cntinued)
)
Stataments which par'.
- sa the scope of work without communicating the specific innova'. ion *.cpesed by the offaror or sta: aments to the effect that the affa.:r's understanding can or will comply with I
the scene of work may be construed as an indication of the offeror's lack of understanding of the scope of work and objectives.
The technical preposal shall sat forth as.a minimum the following:
(1) Of scussion of :ha sc::a f werk requirecents i: : ts 23:12:2 tne offer:r's unders:sadin; of the ;r:-!am and hi3 pr ? 250 me:hed Of 2::r:sen to mee: the etjective.
(2) Discus:ter. of the effer:r's ex;erienca in teacning safety aspects of industrial radiography. Include the contract numbers and Government / commercial points of contact.
(3) Includa resumas fer all pr:fessional parsennel to be utili:sd in the perf:r :nca of any resulting c:n:rac:. Include ecucational back;r:und, specific pertinent work ex;erienca and a lis of any pertinent ;utlica icns authored by :he individual.
(*) 01::uss su:::r: ;ers:nnel and facilities available to as:ist
- te erfasri nti ca-?.a---1 (Include a description of classrc m and field exercise facilities. List the equipment (make and model) to be used for classroom demonstrations and field exercises.
(5) Indicate potential problem areas and the approach to be taken to resolve said areas.
(6) Provide a course outline for entire course including lecture and field exercise time for each topic.
(7) Provide copies of texts and handouts from s.imilar courses.
Include a sample of closed book examination.
(8) Statements of any interpretations, requirements, or assumptions made by t he o f fe te r...
(9) Management structure proposed for this effort delineating areas of responsibility and authority. Describe the ralationship of the project organization to corporate management and to subcontractors, if any.
(10) Project scheduling and contingency planning to insure completion within the performance period, t
RFP RS-0SP-80-304 Page 14 t
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32.
COST PROPOSAL CONTENT
(:) Cast Fr:: s:1 Offerer's c:st preposal shall be submitted on c; icn21 Fcra 50 or similar fc-=st, su;; rted by necessary schedules and docu entati:n, includt: bu: cet 1tmi:ad to the felicwin;:
P.a:arial
- A detailed 'iisting of ita :s in:1uding the quality. basis of :::: estica:a, unt: c:::
and s:ur:ss :! c:::.
Lab:r
- The basis fer the esti:1:ad h urs tr:'<an d:wn by es a; ry and task, and :re s:ur:2 of labor rates.
Ir.dir2c: C::: - Tha scur:e and tasis cf data. ina:i:n of all incire:: ::s.:.
- The breakdown of all travel by trips, segregating Travel all transportation and per dia: c:sts." Copy of the official Govern:::ent ap reval of the offarcr's travel policy if Srinted, or in lieu thereof, a c:py of the effaror's travel policy.
- The offeror's fiscal a ::unting period (Fiscal Other Year) and the name, address, and the teleph:ne nuiber of the offerer's c:gnizan: Goverr.7.ent audit a'gency.
(3) P.ane wer Availability-Describe the source of personnel required for perfor=ance of the work and not presently employed by the offeror.
If any of the personnel are under co=itment, describe the ter=s of the comitment(s). Note specifically the personnel that will be on board.exoecting.a contract award..
-(c)-Censultants Explain the need for consultant services. List croposed 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 pere diem.
Such fees may not be paid to employees of the contractor or to employees of,the U. S. Government.
6 9
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RFP RS-0SP ao_304 Page 15
- INSTRUCTIONS & CONDITIONS & NOTICES TO OFFERORS (Continued) 32.
BUSINESS PROPOSAL CONTENT (Continued)
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(d) Subcontractors If th'e offeror plans to subcontract out any of the work to be
. perfor=ed, list prooosed subcontractors if known by name. -
Provide a detailed breakdown of specific work to be subcontracted out and the approximate cost involved.
(e) Labor $urolus Area Procram Recuirements In keeping with the Federal Labor' Surplus Area-Program, the offerors are recuired 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.
(f)" Government-Furnished Facilities Each offerer should identify any Government-owned facilities available to him which can be used in the performance of this
.propcsed contract. The following information concerning such
, facilities should be provided: -
a.
Value b.
Contract under which ac:cuntable c.
Cognizant Government Agency d.
General Provisions (where applicable) e.
Effect on proposed cost or performance if use is denied
( g) Additicnal Facilities or P-oce-tv In the event the offeror contamplates acquiring additicnal facilities or preperty in-the performance of this work, such~--
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facilities or proper'ty shall be separately identified. ~
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L
RFP RS.0SP-80-304 7eg3 16
. ~.
3 3. Evn.t At cb 0; ponoosALS ils will By use of museri::1 and =s :azive se::' s technicues, proposthe evaluatics fac: ors s
'be subjectively ev 1:a:ed agains:
or qualifica: ion, to acces:
rezarves :he righ:, vi:hou:
ll offerers any or all ;;oposals, to naso:is:e with any and a The coveress=:
regardless of :he :erms of the o:iginal propesal, and :o recues rejec:
infor=s:ie:
add':10 a1 clarifyis; infor:ation either through wri::e:All efferers are so:ified f
or th:: ugh confera=ce vi:h the off erers. discussion of p;cpesals a:d, :herefore, award =ay be =ade wi:hou:
favorable :er=s, proposals should be subci::4d 1:1:1a117 on the most
- ha:
I i l sta:dpoist.
, fro = a cost and techn ca A separate cost analysis will be performed on each cost proposal.
ll Cost proposals will be evaluated by adding the total price for a ity.
option quantities to the total price for the basic quant i
Evaluation of options will not obligate the Government to
'the option.
Any proposal which is materially unbalanced as to pri-es fo'r basi An and option quantities will be rejected as non responsive.1 is one wh less than cost for some work and prices which are significantly unbalanced proposa, overstated for other work.
A ard vill be : da :s -Es: cffer:: (1) vhese p =pesal is :af- '-
y rela:icaship is :he =es:
a :sp: b;e, (2) chese tech:1 all s:and (3) who is c::sidered to 'se advanta;sous :: :ha OcVer==a:::
Racul.:1 :s
-* e saa=1:; of :he Teceral 7:ecn;e=es:
respetsibic v'-'3-will be a fac :r in the evalcation of pr:pesais, 1-1.1'1. A1:h:=-h ::::as =tasursd by the below spe:'fied nu=tri:21 evalua:1:n sc: ni:21 =ert:
in tha seie:: ion of a c:ntract:r.
h' wever, t
fac::rs'will ha cort siinifi:2n:
be bo:h resiistic 5
r an award, :ne pr:pesed ::::s : s to te sale: a: o and reas nable.
l se eri::1 Sales:i:: 7:: : s The !c;1=vi.sg e z1 ::1:: f ae:::s,
".-h a:21; ed :::eri::" *sei;h:1:;:,
and lis:ad is descending : dc of i==:::::cs, vill be 17711** "-*
ef ;;:;osal.s :o :es '- '--- :h'.s s=lici:s:1:.
er:1ua:12: - -- -- --_....-.. -
~
'Vei:h: (lasad on 100 :::al ::te::)
. ?sc:. r Weichts (1) Proposed methods of meeting the requirements in the Statement of Work (Part III, Article I) 35 25 (2) Technical qualifications and experience of personnel (wno will be teaching the course) as related to teaching the technical and safety I
aspects of industrial radiography described in the Statement of Work 25 -
(3). Adequacy and Completeness of laboratories and equipment required to meet the objective,s of the Statement of Work (4) Teaching qualifications and experience of personnel 15 (who will be teaching the course) as related to l
instructing others in the technical and safety aspects of industrial radiography described in the Statement of Work' m
RFP RS-0SP-80-304 Page 17 PART III - CONTRACT SCHEDULE ARTICLE I - STATEMENT OF WORK A.
OBJECTIVES 1.
Pursuant to the provisions.of section 274 i of the Atomic Energy Act of 1954, as amended, the Commission provides training to State regulatory personnel. This training is designed to increase and maintain the technical competence of State radiation control personnel.
2.
Specifically, the students will gain an understanding of industrial radiography operations and the importance of radiation safety as it relates to those operations.
B.
SCOPE OF WORK The Contractor shall furnish the necessary qualified personnel facilities, materials, texts, and services ta prepare and teach two (2) identical training courses, with an option for two (2) additional courses, entitled " Safety Aspects of Industrial Radiography for State Regulatory Personnel."
1.
Descriotion of Course Each training course shall be one week (5 days) in duration and class hours should start approximately 8:00 a.m. and end approximately 5:00 p.m.
each day. The class size is to be approximately 16 students. All attendees will be preselected by the Nuclear Regulatory Commission (NRC),
Office of State Programs. The course objectives shall be accomplished through a combination of lectures, discussions, films, demonstration i
of equipment and field exerci,ses providing hards on experience in the various
(
aspects of industrial radiography operations.
In particular, the course shall encompass the following:
a.
The technical aspects of industrial radiography. This shall include principles and techniques used in making a radiograph -- from set
. u,p to, finished p,1c_ture. _
e e
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RFP RS-0SP-80-304
- l Page 18 l
b.
Equipment (types and principles of operation) used to make a radiograph.
(1) Radiation Sources Isotopic Machine (2) Exposure devices (3) Film (4) Stopwatch, linear measure, etc.
c.
Required radiation safety equipment
-(l) Survey meters (2) Film Badge /TLD (3) Pocket dosimeters (4) Other d.
Radiation safety as.it applies to the receipt, use, storage and transportation of industrial radiography radiation sources.
Tra. _, _ _ _d supervision of radiographers.
. e.
ining an f.
Organization and operation of radiography companies.
g.
NRC and State licensing and other r'egulatory requirements for industrial radiography operations.
h.
Proper conduct of inspections and investigations of licensed industrial radiography o'perations and unusbal occurrences.
i e me6 e
_e i
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RFP RS-0SP-80-304 Page 19
'Exper'ience with and case histories of industrial radiogra,phy i.
accidents.
- j. Packaging and transportation of industrial radiography radiation sources.
2.
General Requirements (1)
The Contractor shall be required to conduct field exercises which shall be designed to allow each student to gain hands-on experience in handling all the tools and equipment required of a radiographer.
Exercises shall include but not necessarily limited to the following:
a.
Practice operating various industrial radiography exposure devices using dummy sources.
b.
Practice chinging live sources between exposure devices and source changers.
c.
Make an actual radiograph using a live scurce and film. This shall
~. include the use of technical and radiation safety considerations required of the radiographer.
d.
Package and label and otherwise prepare a radiation source for
. transport in-accordance with US DOT regulations. - - - - - -
e.
Observe and practice the safe recovery of a disconnected source.
f.
Visit to, radiography source and device manufacturer.
g. Observe and " inspect" an actual commercial industrial radiography i
job-site operation.
l S.
e
RFP RS-OSP-80-304 Page 20 (2) The Contractor shall also furnish personnel monitoring equipment for each student. This equipment shall consist of a 0-200 mR self reading pocket dosimeter and either a film badge or TLD device.
(3) All course activities shall be conducted in strict compliance with Title 10 of the Code of Federal Regulations (10 CFR) or equivalent Agreement State radiation control regulations.
(4) A written, closed book, examination shall be given on the last day of each course. The examination shall cover all areas of the course subject matter with special emphasis on the radiation safety aspects. The examination shall include a mixture of questions requiring an answer in the form of 1ssay, basic calculations, multiple choice and True/ False. The original of all completed and graded examinations shall be submitted to the Contracting Officer's Technical Representative (C0TR) in accordance with the sc.hedule set forth in Article II.
(5) The instructors who will conduct the lectures and field exercises shall have broad knowledge and practical experience in the industrial radiography industry from both a technical and ' regulatory standpoint.
As a minimum, these persons shall include:
a.
One individual having practical experience as a licensed radiographer.
- b. One individual who is, or has had recent experience as, a manager of a licensed radiography concern.
c.
One individual represe'nting a licensed s ur e and device manufacturer.
o c d.
One or more individuals who are skilled in licensing, inspecting, and investigating industrial radiography operations involying the use of sealed sources.
These individuals shall have had experience in providing instruction to, and supervising activities of, individuals who have had no previous experience in handling the equipment and sources in this course.to assure. _
applicable NRC add 3 tate safety requirements are met. This experience shall include handling of multicurie industrial radiography sealed sources.
(6) The contractor shall be required to provide the NRC Project Officer with a copy of the following material 30 days prior to the start of each course:
a.
Class Agenda b.
Copy of texts and handouts to be issued to students c.
Copy of closed book examination The NRC Project Officer will review the above material and provioe his.
approval and/or disapproval ten (10) days after receipt from the contractor.
If the above material is determined to be unacceptable by the NRC Project Officer, the contractor shall correct any deficiencies and resubmit the material for NRC's approval. NRC approval of the material shall be required at least one (1) week prior to the start 6f each course.
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RFP RS-0SP-80-304 Page 21 Reporting Requirements The following report two (2) copies shall be required upon the completica of each course:
1.
A letter report summarizing the course activities, which shall include as a mininum:
a.
Graded examinations b.
Student Critiques c.
Individual dose monitoring records ARTICLE II - DELIVERY _
A.
Time of Delivery The report specified in Article I, Paragraph B3 entitled " Reporting Requirements" shall be submitted s,o.as. to be received at destination.by no later tnan 60 days after.the completion of each course.
B.
Place of Delivery _
The report specified above shall be delivered to:
U.S. Nuclear Regulatory Commission Office of State Programs Attn: Mr. E.C. Ashley Washington, DC 20555 ARTICLE III - PERIOD OF PERFORMANCE The performance of work described in Article I shall commence as of the effective date of this contract and shall continue to completion thereof, estimatt.d to occur within (to be incorporated into any resultant contract) months after said contract.
The two {2} courses are tentatively planned to be held during the months of August and November,1980. The definite schedule for each course shall be mutually agreed upon between the contractor and the NRC Project Officer.
ARTICLE IV - OPTION TO PROVIDE ADDITIONAL TRAINING AND EXTEND THE PERIOD OF PERFORMANCE The NRC may request th'e Contractor to conduct two additional courses, in accordance with ARTICLE.I and at the prices set forth in ARTICLE V during Fiscal Year 1981.
The Contracting Officer may exercise this option by giving written notice of the
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Government's exercise of such option to the Contractor not later than the last, day of the term of the contract. The Contracting Officer may give preliminary written notice of an intent to exercise such option within thirty (30) days prior to the last day of the term of the contract; such preliminary notice shall not be construed as an exercise of the option. If the Government exercises such option, the total duration of this contract, including the exercise of any option under this clause, shall not exceed two (2) years.
Delivery of the services added by the exercise of this option shall be in accordance with the terms of this contract.
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0 RFP RS-0SP-80-304 Page 22 ARTICLE V - CONSIDERATION AND PAYMENTS A.
In full consideration of the Contractor's performance hereunder, NRC shall pay the Contractor the fixed sum of (to be incorporated into any resultant contract) in accordance with Article 7 of the General Provisions, entitled " Payments."
B.
Payment shall be made on a per course basis at the prices set forth below after delivery and acceptance of the services, and after submission of the Contractor's voucher in accordance with Article IX.
1.
Two (2) courses 0 $
per course (Initial Requirement) 2.
Two (2) courses 0 $
per course (Cption Item)
SCHEDUE ARTICLE VI-Responsibilities of the Project Officer The Project Offi'cer is responsible for:
(1)' Monitoring the Contractor's technical progress, including the surveillance and assessment of performance and reccmmending to the Contracting Officer chan'ges in requirenents; (2) interpreting the statement of work; (3) performing techr.ical evaluation as required; (4) p,erforming technical inspections and r.cceptances required by this contract; and (5) assisting the~ Contractor in the-Withir resolution of technical problems encountered during performance.
the purview of this authority, the representative is authorized to approve payment vouche',s for supplies / services required under the cent r
The Contracting Officer is responsible for directing or negotiating a changes in terms, conditions, or amounts cited in the contract.
For guidance from the Project Officer to the Contractor to be valid (1) be consistent with the description o'f: work set forth in L...
must:
contract; (2) not constitute new assignment of work or change to the expressed terms, conditions, or specifications, incorporated into this
- - - - contract; (3) not constitute a basis for an extension to the period of _
. performance-or contract delivery schedule; (4)nbt constitute a basis for any increase in the contract price.
If the Cohtractor receives guidance frc= the Project Officer which the Contractor feels is not valid under the criteri~alcited above, the Contractor shall immediately notify the Project Officer.
If the two are not able to resolve the question within 5 days, the Contractor shall notify the Contracting Officer.
The Contracting Officer will designate the NRC Project Officer within seven (7) calendar days of the effective date of this contract. A copy of the letter of designation will be forwarded to the Contractor immediately following designation, l
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RFP RS-0SP-80-304 Page 23 ARTICLE VII-TECHitICAL DI5ECTION Officernamed in this contract is responsible for guiding the technical aspects of the project and for The NRC Project (a) d The Project
.generaf surveillance of the work performe.
Officer is not authorized to make any concitments or any -
changes which constitute work not within the general scope of this contract, or constitut2 a basis for any increa Performance.
Technical direction must be within the general scope ofThe Projec (b) work stated ip the contract."have the authority to and may not is which:
(1)' Constitutes an assignment of additional work outside the general sccpe of the contract.
Constitutes a change as defined in the clause of the _
(2)
General Provisions, entitled " Changes."
In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time (3) required for contract perfor=ance.
(4) ' Changes to any of the expressed terms, ccnditions or specifications of the can, tract.
15_SHALLSEISSUEDINWRITIdGSYTHE ALL TECHNICAL nIRECTIO 4E0 3Y HIM/HER Iti URITII;3 (c)
PRO 'ECT OFFICER OR SHALL BE C0tiFIR:(10) WORR:::G D A c:py of said written direction shall be prcvided to the Centracting WITH!t: TET:
Officer.
In ths even'. the Project Officer desires a change to the centract w'g. thin one or core of the catec: ries as (d)
_suc.)
throu i (~4) of ~ para ~ graph 8 above, se /she must dir:ec:
i The Contracting Officer-
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(1) re;;est to the Centracting Officer.
will handle the request in accordance with applicable
- la'.;is and regulaticns.
the Project Any unIuth::ri ed cc. mitment or direction issued by Officar may result in an unnecessary delay in the Centracter's (e) its cwn perfccmance and may even resule in the Cen:ractor expending -
r funds for uncilcuable costs undar tha contrac:.
j e
-e
- l ll RFP RS-0SP-80-304 Page 24
- g ARTICLE VIII-INSPECTION AND ACCEPTANCE A.
Inspection of the services and deliverables called for hereunder shall be performed by the NRC Project Officer.
B.
Acceptance of the services and deliverables called for hereunder shall be accomplished by the Contracting Officer, or the NRC Project Officer.
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RFP RS-0SP-80-304 Page 25 Article IX BILLING INSTRUCTIONS FOR FIXE 0 PRICE CCMRACTS AND PURCHASE ORDERS General. The contractor shall' submit vouchers or irivoices as prescribed herein.
Fo rm.
Claims shall be submitted on the payee's letterhead, invoice or on tne Government's Standard Form 1034 "Public Voucher for Purchases and Services Other Than Personal," and Standard Form 1035 "Public Voucher for Purchases Other Than Personal -- Continuation Sheet." These forms are available from the Government Printing Office, 710 North Capitol Street, Washington, DC 20801.
Number of Cocies and Mailina Address. An original and six copies shall be sucmittaa to IIRC offices' icentified below.
Frecuency. The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in performance of the centract unless otherwise specified in the contract.
Precaration and Itemization of the Vaucher. The voucher shall be prepared in inx or typewriter (witncut strikeovers) and correcticns or erasures must be initialed.
It must include the following:
(a) Payor's name and address.
(i) Adcress the original voucher (with 4 copies) to:
U.S. Nuclear Regulatory Ccmmission, Division of Accounting, Office of the Controller, ATTN: GOV /CCM Acccunts Sections, Washingtcn, DC 20535.
(ii) Address 2 copies to:
U.S. Nuclear Regulatory Commission, ATTN: E. L.
Halman, Director, Division of Centracts, Washington, DC 20535.
(iii) The cricinal cecv of the voucher should indicate that (21 cecies nave caen fer.< arced to tne Centractina Officer,
.-'r (b) Voucher number.
(c) Date of voucher.
(d) Contract number and date.
(e) Payee's name and address.
(Shcw the name of the centractor and its correct address, except when an assignment has been made by the centractor or a different payee has been designated, then insert the name and address of the payee.)
i (f) Description of articles or services, quantity, unit price, and total amount. -
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. !tFP E.t MSP-80-304 Page 26 (g) Weight and zone of shipment, if shipped by parcel post.
(h) Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express.
(1) Instructions to consignee to notify Contracting Officer of receipt of shipment.
(j) Final invoice marked: " FINAL INVOICE" Currency. Billings may be expressed in the currency nomally used by the contractor in maintaining his accounting records and payments will be made in that currency. However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract.
End of Article IX.
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RFP RS-0SP-80-304 Page 27 ARTICLE X - PRESERVATION / PACKAGING / PACKING All materials to be delivered under this contract shall be afforded the degree of packaging (preservation and packing) required to prevent i
deterioration and/or damages due to hazards of shipment, handling, and storage. Such packaging shall be accomplished in such a manner j
as to insure safe delivery at destination.
ARTICLE XI-KEY PERSONNEL The following individuals are designated as " Key Personnel" under this contract, and as such, are regarded by the Government to be essential to the work being performed thereunder. These individuals shall not be replaced without the prior written approval of the Contracting Officer.
In such event, the Contractor agrees to substitute persons possessing substantially equal ability and qualifications satisfactory to the Contracting Officer.
)
- To be specified at time of award ARTICLE XII-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 hereund,er.
ARTICLE XIII-PRIVATE USE AND PROTECTIDN OF UNCLASSIFIED " GOVERNMENT INFORMATION
.A.
Drept as specifically' authorized by this centract, o,r as otherwise approved by the contracting officer, records er other in'-.ation, dec..nents and ratorial furnished by the Cc=rission to the Centracter in the perfemance of this centract, c: infccation develcped by the Centract=r in_ the, c=urse of the work here'.:nder, shall be used
. cnly in mection with the work perfc=ed under this centract.
.me Centracter shall, upon c=pletien er te=ination of this centract, seit to the C=rissien all records cr other inferatien, doc =ents and raterial, and any c= pies thereof, furnished by the C.
nissien to the Centracter or develcped by the Centracter in 'the perfemance of this centract.
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B.
The Centractor sh:ll be respcasible for safe 70.arJ-ing fr= unautheri::ed disclesure any inforation er other decrea.ts a.d raterial e:.:empt
- f... public discicsure by the Cw...issien's re?.'.laticas and rede available to the Cent.re:: r id cennecticn with de perf:=ance of werk under this centract.
S.e Centr:cter agrees to conic =t to all regulaticns, requirements, and directicas cf the C=rissicn with res-e to such l
ratarial.
C.
t o C0ntracter's dutics under this clause shall not be construed to lirit or affect in any way the Cent :cter's ebligation to confcm to all acc trity replations and requirc:nents of the Connissien turraininq to c1:acified info =1 tion and raterial.
RFP RS-OSP-80-304 Page 28 i
ARTICLE XIV -
GENERAL PROVISIONS This contract is subject to the Fixed Price Supply Contract General 15, 1978, which incorporates the Standard Provisions, dated February Fom 32 (Rev 4-75) General. Provisions and FPR Changes and Additions t
to Standard Fom 32 General Provisions (June 1976), attached hereto
)
and made a part heretf by this reference.
FPR Changes and NRC Additions to Standard Form 32 General Provisions is further modified as follows:
Clause No 32 entitled " minority Business Enterprises Subcontracting Program" ' 3 deleted in its entirety.
Clause No. 33 entitled " Preference For U. S. Flag Air Carriers" is deleted in its entirety.
4
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l End of Part-III, j
RFP RS-OSP-80 >304 Page 29 PART IV-ATTACHMENTS The following attachments are found in this part:
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Attachment No.
Item l
Optional Form 60 2
Fixed Price Supply Contract General Provisions, dated Februa ry 15, 1978, which incorporates the Standard Form 32 (REV 4-75) General Provisions and FPR Changes and Additions to Standard Form 32 General Provisions ' June,1976).
3
.1RC Contractor Organizational Confli-ts of Interest (41 CFR Part 20) 4 i
i y
w..
p,-
2/15/78 Consisting of Pages 1 through 23 GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT TABLE OF CONTENTS Standard Form 32, General Provisions (Supply Contract) Containing the following listed Articles on pages 1 through 5 of the foca plus additional Articles on pages 6 through 20 attached thereto.
ARTICLE TITLE PACE 1
1 Definitions.....................................................
1 2
Changem.........................................................
1 3
Extras..........................................................
1 4
Variation In Quantity...........................................
1 5
Inspection......................................................
2 6
Re spo ns ib ili ty Fo r Supp lies.....................................
2 7
Payments........................................................
2 8
Assignment of Claims............................................
2 9
A d di tio na l B ond S e curity........................................
10 Examination of Records By Comptroller General.....
2 2
11 Default.........................................................
3 12 Disputes........................................................
13 Notice and Assistance Regarding Patent and Copyright Infringement..................................................
3 3
14 Suy American Act................................................
15 Convict Labor...................................................
4 16 Contract Work Hours and Safety Standards Act -
4 Overtime Compensation.........................................
4 17 Wals h-He aley Public Contracts Act...............................
4 18 Eq ua l O p p o r tuni ty...............................................
19 O f f i cials No t To Be ne f it........................................
5 20 Covenant Agains t Contingent Fees................................
5 21 Utilization o f Small Business concerna..........................
5 22 U tilization o f Labor Surplus Area Concerns......................
5 23 U tilization of Minority Business Concerns.......................
5 24 P ricing o f Adj us tmen ts..........................................
5 25 Payment o f Interes t on Contractors ' Claims......................
5 26 Alterations.....................................................
6 27 Listing of Employment 0penings..................................
6 28 Employment of the Handicapped...................................
i 29 Clear Air and Water.............................................
10 30 Federal, State and Local Taxes..................................
11 31 Te rmination For Convenience of the Government................... 12 32 Minority Business Enterprises Subcontracting Program............
17 33 Pr ef erence For U.S. Flag Air Carriers..........................
18 j
34 No tice To the Gove rnment of Labor Disputes...................... 18 l
35 Permits.........................................................
19 36 Renegotiation...................................................
19 37 P a t e n t I n d emni ty................................................
19 38 Reporting Royalties.............................................
20 39 Notice Regarding Late Delivery..................................
20
o GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT (Cont.)
ARTICLE TITLE PAGE 40 Stop Work Order.............................................
21 41 Publ i ca tion and Publ i ci ty............ '.......................
22 42 Dissemination of Contract Infonnation......................
22 43 Wo rk fo r O th e rs.............................................
23
)
t ii
s GENERAL PROVISIONS (Supply Contract)
- 1. DErINITIONs without limitation raw materials, composeats, intermediate As used throughout this contract, the following terms shan assemblies, and end products) shall be srbject to inspection and test by the Government, to the extent practicable at all times and have the meaning set fore belewt (a) The terra " heed of the agency" or " Secretary" as used places including the period of manufacture, and in any event prior lwrwin monas the Secretary, the Under Secretary, any to acceptance.
Assistant Secretary, or any other head or assistant head (b) In case any supplies or lots of supplies are defective in of the executive or military department or other Federal material or workmanship or otherwise not in esaformity with the agency; and the term "his duly authorised representative" requirements of this contract, the Gm..
..t shall have the means any person or perseas'or board (other than the right either to reject them (with or without instructions as to Contracting Officer) authorised to act for the head of the their disposition) or to require their correction. Supplies or lots agency or the Seerstary.
of supplies which have been rejected or required to be corrected (b) The term " Contracting OfBeer" means the person executing shan be removed or,if permitted or required by the Contracting this contract on h=h=If of the Government, and any other Of!!cer, corrected in place by and at the expense of the Contractor omeer or civilian eenployee who is a properly heign=*=d promptly after notice, and shall not thereafter be tendered for Contracting Oecer; and the term includes, except as other-acceptance unless the former rejection or requirement of corree-wise provided in this contract, the authorised representa-tion is disclosed. If the Contractor fails promptly to remove such tive of a Contracting Oseer acting within the limits of his supplies or lots of supplies which are required to be removed, or authority.
promptly to replace or correct such supplies or lots of supplies, (c) Except as otherwise provided in this contract, the term the Government either (i) may by contract or otherwise replace
" subcontracts" includes purchase ordere under this or correct such supplies and charge to the Contractor the cost contract.
occasioned the Government thereby, or (ii) may terminate this contract for default as provided in the clause of this contract i
- 2. CHANGas
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entitled " Default." Unless the Contractor corrects or replaceF l
The Contracting Oscar may at any time, by a written order, such supplies within the delivery schedule, the Contracting Omcer end without notice to the sureties, make changes, within the gen-may require the delivery of such supplies at a reduction in price (ral scope of this contract, in any one or more of the following:
which is equitable under the circumstances. Failure to agree to (i) Drawings, designs, or spectAcations, where the supplies to b*
such reduction of price shall be a dispute concerning a question furnished are to be specially manufactured for the Government of fact within the meaning of the clause of this contract entitled la accordance therewith; (11) method of shipment or packing;
" Disputes."
I and (iii) place of delivery. If any such change causes an increase (e) If any inspection or test is made by the Governme.nt on the or decrease in the cost of, or the time required for, the perform-premises of the Contractor or a subcontractor, the Contractor ance of any part of the work under this contract, whether changed without additional charge shan provide au reasonable facilities
)
or not changed by any such order, an equitable adjustment shall and assistance fer the safety and convenience of the Governmot be made in the contract price or delivery schedule, or both, and inspectors in the performance of their duties. If Government i
the contract shall be modined in writing accordingly. Any claim by inspection or test is made at o point other than the premisse of the Contractor for adjustment under this clause must be asserted the Contractor or a subcontractor,it shall be at the expense of within 30 days from the date of receipt by the Contractor of the the Gowrnment except as otherwise provided in this contract:
notification of change: Provided, however. That the Contracting Provided. That in case of rejection the Government shall not be Omeer, if he decides that the facts justify such action, may re-Ilam fw
- de M valu of wlm M M wm ceive and act upon any such elahn asserted at any time prior to wh M inspada or test. AH Wedon W m W &
final payment under this contract. Where the cost of property G
nt M M d in M a em u m u Wuy made obsolete or excess as a result of a change is included in the delay the work. The Government reserves the right to charge to i
Contractor's claun for adlustment, the Contracting Omcer shall the Contractor any additional cost of Govermnent inspection and have the right to prescribe the manner of disposition of such test when supplies are not ready at the time such inspection and property. Failun to agne to any adjustment shall be a dispute h med h h Ceactu w h rupeede w et concerning a question of fset within the meaning of the clause of is necessitated by prior rejection. Acceptance or rejection of the this contract entitled " Disputes." However, nothing in this clause i
lin hu h e as p@ as pracMle afte del %
shall excuse the Contractor fross proceeding with the contract as except as otherwise provided in this contract; but failure to
- **"d*
inspect and accept or reject supplice sha'? neither relieve the
- 3. EmtAs Contractor from responsibility for such supplies as are not in accordance with de entract nquhments nor hpme Mty Except as otherwise provided in this contract, no payment for ntras shall be made unless such extras and the price therefor (d) The inspection and test by the Government of any suppl.ies have been authorized in writing by the' Contracting Omcer.
or lots thereof does not relieve the Contractor from any responsi-bility agarding defects or other failures to meet the contract t Vra: Arrow IM QUAyrtTr No variation in the quantity of any item called for by this con.
requirements which may be discovered prior to acceptance.
tract will be accepted unless such variation has been caused by Except as otherwise provided in this contract. acceptance shall conditions of loading, shipping, or packing, or allowances in be conclusive except as regards latent defects, fraud, or such manufacturing processes, and then only to the extent, if any, gross mistakes as amount to fraad.
specif ed elsewhere ta this contract.
(e) The Contractor shall provide and maintain an inspection system acceptable to the Governmenn covering the supplies
- 5. bstmrow hereunder. Records of all inspection work by the Contractor (a) All supplies (which terra throughout this clause includes shall be kept complete and available to he Government during STANO 'RD FORM 32 (Rev. 4-3 2a. see 1
Pmesnbod try GSA. FPM (4t CFM t-16.4ot
the performance of this et stract and for such longer period as surety falls to foranah reports as to his A=eml condition from may be speciaed elsewhere in this eentract.
time to time as requested by the Government, the Contractor shall PNaptly fuM uch aMM secumy as may b requimd
- 6. Rt;smNatant.177 rom 3tirrt.sts from time to time to protect the interests of the Government and Except as othemse provided in this contract, (1) the Con
- of persons supplying labor or materals in the prosecution of the tractor shall be responsible for the supplies covered by this work contsunplated by this contract.
contract until they are delivered at the designated delivery point, regardless of the point of inspection; (ii) after delivery to the
- 10. ExAuswarnow or P=- sr CourTsct.tza GtxsaA1, Government at the designated point and prior to acceptance by (a) This classe is applicable if the amount of this contract the Government or rejection and giving notite thereof by the exemds $10,000 and was entered into by means of negotiation, Gewernment, the Government shall be responsible for the loss or inctading small business restracted advertising, but is not appli-destruction of or damage to the supplies only if such loss, cable if this contract was entered into by means of formal destruction, or damage results from the negligence of edBeers, advertising trents, or employees of the Government acting within the scope (b) The Contractor agrees that the Comptroller General of the of their employment; and (iii) the Contractor shall bear all risks United States or any of his duly authorised representatives shall, am to rejected supplies after notice of rejection. except that the until the expiration of 3 years after final payment under this Government shall be responsible for the loss, or destruction of, or contract or such lesser time speciaed in either Appendix M of the dimare to the supplies only if such loss, destruction or damage Armed Services Pa _nt Regulation or the Federal Procure-results f rom the gross negligence of ofheers, agents, or employees ment Regulations Part 1-20. as appropriate, have access to and of the Government acting within the scope of their employment-the right to examine any directly pertinent books, documents, papera, and records of the Contractor involving transactions re-
- , PAYMENTS The Contractor shall be paid, upon the submission of proper (c) The Contractor further agrees to include in all his sub-invoices or vouchers, the prices stipulated herein for supplies deliv, red and accepted or services andered and accepted, less contracts hereunder a provision to the effect that the subcontrac-tor agrees that the Comptroller General of the United States or desturtions. if any, as herein provided. Unless otherwise speci6ed, any of his duly authorised representatives shall, until the expira-payment will be made on partial deliveries accepted by the Gov-tion of 3 years after Saal payment under the subcontract or such ernment when the amount due on such deliveries so warrants; lesser time speci6ed in either Appendix M of the Armed Services cr. when requested by the Contractor, payment for necepted par, tiil deliveries shall be made whenever such payment would equal Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have sceess to and the right to examine or execed either 31,000 or 50 percent of the total amount of this any directly pertinent books, documents, papers, and reconis of contract.
such subcontrac*or, involving transactions related to the sub.
R. AmCNMPET OF Ct. AIMS contract. The term " subcontract" as used in this clause excludes (nn Pursuant to the parisions of the Assignment of Claims (1) purchase orders not exceeding 310.000 and (2) subcontracts Act of 1940, as amended (:11 U.S.C. 203,41 U.S.C.15), if this or purchase orders for public utility servic.'s at rates established contract provides for payments aggregating $1,000 or more, for uniform applicaollity to the general public claims for moneys due or to become due the Contractor from the (d) The periods of access and examination described in (b)
Government under this contract may be assigned to a bank. trust and (c), above, for records which relate to (1) appeals under company, or other Anancing institution, including any Federal the " Disputes" clause of this contract, (2) litigation or the Irndine agency, and may thereafter be further assigned and settlement of eisim: arising out of the performance of this con-reassiened to any such institution. Any such assignn.ent or re-tract, or (3) costs and expenses of this contract as to which ex-anzienment shall cover all amounts payable under this contract ception has been taken by the Comptroller General or any of his and not already paid, and shall not be made to mon than one duly authorised representatives, shall continue until such appeals, party, except that any such assignment or reassignment may be litigation, claims, or exceptions have been disposed of.
mide to one party as agent or trustee for two or more parties g 3, participating in such Snancing. Unless otherwise provided in this contract, payments to an assignee of any moneys due or to (a) The Government may, subject to the provisions of para-lecome due under this contract shall not to the extent provided graph (c) below, by written notice of default to the Contractor, in said Act, as amended, be subject to reductisn orssetof. (TN terminate the whole or any part of this contract in any one of preceding sentenee applies only if this contract 6s made in time of the following einumstances-war or national emergency as deemed in said Act and is with the (i) If the Contrac*or fails to make delivery of the supplies or liepartment of Defense, the General Services Administration, the to perfom the services within the time speciSed herein or any Energy Research and Development Administration, the National extension thenof; or Asronauties and Space Administration, the Federal Aviation (II) If the Contractor fails to perfom any of the other pro-Administration. or any other department or agency of the United visions of this contract, or so fails to make progress as to States designated by the President punuant to Clause 4 of the endanger perfomance of this contract in accordance with its terms, and in either of these two circumstances does not cure proviso of section I of the Assignment of Claims Act of 1940, as amended by the Act cf my 15,1951,65 Stat,41.)
such failun within a period of 10 days (or such lonwee perind (b) In no event shall copies of this contreet or of any pleas, as the Contracting Omeer may authorize in writing) after streineations, or other similar documents relating to work under receipt of notice from the Contracting Omeer s.<tfying such I*N*I'*
this enntract, if marked " Top Secret,"" Secret," or " Con 8dential,"
le furnished to any assirnec of any claim arising under this (b) In the event the Government terminates this contract in enntmet nr to any other person not entitled to receive the same.
whole or in part as provided in pararraph (p) nt this clause, tha linwever, a enpy of any part or all of this contract so marked may Government may procun, upon such tems and in such manner le furnished. or any information contained therein may be dis, as the Contracting Omcer may deem apprnprinte, supplies or services.similar to those so terminated, and the Contractor shall rinned, to such assignee upon the prior written authorisation of the Contracting Omcer.
be liable to the Government for any esecen costs for such similar supplies or services: Provided. That the contrnetor shall continue
- 9. AlmtrtO*fA1. BOND SCCIIa!TY the psyfermance of this contract to the extent not terminated If any surety upon any band furnished in ennnection with this under the provisions of this clause.
i enntract becomes unacceptable to the Governmtnt or if any such (c) Except with respect to defaults of subcemtractors, the sramoano Pomu ar m v.a-m 2
r
,_. _...-.-~, - - -., - -,, ~
e C4ntractor shall not be lieble for any excess costs if the failure to ing Omeer, who shall redmee his decision to writing and mail or perform the contract arises out of causes beyond the control and otherwise furnish a copy thereof to the Contractor. The decision without the fault or negilgence of the Contractor. Such causes of the Contracting Oscer shall be Anal and conclusive unless, may include, but are not restricted to, acts of God or of the public within 30 dare from the date of receipt of such copy, the Con-enemy, acts of the Governmost in either its soveuign or cos.
tractor mails or otherwise furnishes to the Contracting Oscer tractual capacity, ares, floods epidemics, quarantine restriedens, a written appeal addressed to the Secretary. The decision of the strikes, freight embargoes, ad unusually severe weather; but Secretary or his duly authorised representative for the determi-In every case the failure to perform must be beyond the control nation of such appesis shall be final sad conclusive unless de-rad without the fault or negifgence of the Contractor. If the termined by a court of competent jurisdiction to have been fri' urn to perform is caused by the default of a subcontractor, fraudulent, or espricious, or arbitrary, or so grossly erroneous and if such default arises out of causes beyond the control of both as noossaarily to imply had faith, or not supported by substantial the Contractor and subcontractor, and without the fault or evidence. In connection with any appeal pra*=adine under this negilsence of either of them, the Contractor shall not be liable clause, the Contractor shall be aforded an opportunity to be fit any excess costs for failure to perform, unless the supplies heard and to ofer evidence in support of its appeal Pending ne services to be furnished by the subcontractor were obemin=Ma Anal decision of a dispute hereunder, h Contractor shall proceed from other sources in suscient time to permit the Contractor to diligently with the performance of the contract and in accordance meet the required delivery schedule, with the Contracting Oscer's decision.
(d) If this contract is terminated as provided in paragraph (b) This " Disputes" clause does not preclude consideration of (an of this clause, the Government, in addition to any other rights law quesdons in connection with decisions provided for in pars-provided in this clause, may require the Contractor to transfer graph (a) above: Provided. That nothing in this contract shall be title and deliver to the Government. In the manner and to the construed as making final the decision of any administrative extent directed by the Contracting Oscer, (i) any completed oscial, repressatative, or board on a question of law.
supplies, and (ii) such partially completed supplies and materials,
- 13. NortCE AND AsstsTANCE REGAsDING PATENT AND parts, tools, dies, jigs, fixtures, plans, drawings, information, CmatonT INrsINCE3 TENT and contract rights (hereinafter called " manufacturing ma-t: rials") as the Contractor has specifically produced or spe-The provisions of this clause shall be applicable only if the cifically acquired for the performance of such part of this contract amount of this contract exceeds $10.000.
as has been terminated; and the Contractor shall upon direction (a) The Contractor shall report to the Contracting Omeer, of the Contracting Omcer, protect and preserve property in promptly and in reasonable written detail, each cotice or claim possession of the Contractor in which the Government has an of. patent or copyrightinfringement based on the performance of interest. Payment for completed supplies delivered to and ac-this contract of which the Contractor has knowledge.
cepted by the Government shall be at the contract price. Payment (b) In the event of any claim or suit against the Government for manufacturing materials delivered to and accepted by the on account of any alleged patent or copyright infringement I
Government and for the protection and preservation of paperty arising out of the performance of this contract or out of the use shall be in an amount agreed upon by the Contractor and Con.
of any supplies furnished or work or services performed here-tractine Omcer; failure to agree to such amount shall be a disputa under, the Contractor shall furnish to the Government, when concerning a question of fact within the mesmng of the clause of requested by the Contracting Oscer, all evidence and information this contract entitled " Disputes." The Government may withhold in possession of the Contractor pertaining to such suit or claim.
from amounts otherwise dse the Contractor for such completed Such evidence and information shall be furnished at the expense supplies or manufacturing materials such sum as the Contracting of the Government except where the Contractor has agreed to Omcer determines to be necessary to protect the Government indemnify the C.wsset.
against lose because of outstanding liens or claims of former tien h:Iders.
- 14. BtrT AWEsICAN Acr (e) If, after notice of termination of this contract under the (a) In acquiring end products, the Buy American Act (41 U.S.
provisions of this clause, it is determined for any reason that the Code 10 a-d) provides that the Government give preference to Contractor was not in default under the provisions of this clause, domestic source end products. For the purpose of this clause:
or that the default was excusable under the provisions of this (1) " Components
- means those articles, materials, and sup-li P es, which are directly incorporated in the end products; eliuse. the rights and obligations of the parties shall. If the con.
tract contains a clause providing for termination for convenience
(!!) "End products" rn==n= those articles, materials, and of the Government, be the same as if the notice of termmation supplies, which are to be acquired under this contract for public had been issued pursuant to such clause. If, after notice of termi.
use; and nation of this contract under the provisions of this clause, it is (iii) A " domestic source end product" means (A) an un.
determined for any reason that the Contractor was not in default manufactured end product which has been mined or produced l
under the provisions of this clause, and if this contract does not in the United States and (E' an end product manufactured in enntain a clause providing for termination for convenience of the the United States if the cost of the components thereof which Cavernment, the contract shall be equitably adjusted to compen.
are mined, produced, or manufactured in the United States ex.
=ste for such termination and the contract modified accordingly; coeds 50 percent of the cost of all its components. For the fa:Iure to arree to any such adjustment shall be a dispute con.
purposes of this (a)(iii)(B), components of foreign artgin of cerning a question of fact within the meanints of the clause of this the same type or kind as the products referred to in (h)(ii) or enntract entided " Disputes."
(T) of this clause shall be treated as components mined. pro-l 1f) The rights and remedies of the Government provided in this duced. or manufactured in the United States.
l claume = hall not be etetusive and are in addition to any other (b) The Contractor agnee that there will be delivered under rwhts and reme.fies provided by law or under this contract.
this contract only domestic source end products, except end (g) As used in paragraph (c) of this clause, the terms "sub.
products:
contractor" and " subcontractors" mean subcontractor (s) at ti) Which are for use outside the United States; any ticr.
(ii) Which the Government determines are not mined. pro.
duced or manufactured in the United States in suscient and 1 Dist m s reasonably available commercial quantities and of a satisfactory (a) Except as otherwise provided in this contract, any dispute quality; concerning a question of facs arising under this contract which (iii) As to which the Secretary determinee the domestic is not disposed of by agreement shall be decided by the Contract-preference to be inconsistent with the public interest; or 3
STANDARD FORM 32 (Rev. 4-75)
1 i
\\
i (iv) As to which the Secretary deesseines the east to the interpreentions of the Secretary of labor which are now or may Goveramu.t to be unremessabia.
assenfter be la e.fest.
1 (The foregoing regairemesats are administesed in asserdamse t
with Execuuve Order No.10842, dated Dec 17,1954.)
- 13. Ewas. Om (The feuewing einese is apphenhie salens this eastreet is ex-l
- 15. Cowyser lases esipt under the raies, regulassoas, and relevant orders of the in ceanection watt the perforunaase of work under this esacreet, Seerusary of labor (41 CFR,eh.80).)
the Contreeier agma mot to mapley any person ondergoing sen-Derer the perferesames af M esstract, the Centreeter agnes l
ten N of inipriranment at hard labor asespt as provided by Pahlic as feuover 14w 89-176, septensber 10,1965 (18 U.S.C. 4082(e)(2)) and (a) The Centrasser wu! not discrissinate against any employee Eaecutive Order 11755 Decemoorfts,1973.
er apphenat for employment beesuse of rees, color, nligion, sex,
- 16. CowTeact Womat Hot as Asro Sarirry 3rANDAmas AcT-
***I'**I Owenssa CwsNEAM0w ensure that apphenats are employed, and that employees are treated daring esiployment. Withoet regard to their rees, solor, This eentreet, to the estest that it le of a character speciaed rehenen, sea, or natiemal erista. Seek sedon shall inclose, but not in the Contract Werk Hours and Safety Standards Act (40 U.S.C.
be heited to, the following. Employment, upgrading, demotion.
- 1::7433). is subject to the following provienens and to all other or transfer; recruitament or recruitaient advertising; layoff or applicable provisione and eseeptions of oneh Act ashi tk segula-tersaimation; raens of pay or other forms of componestion; and tiene of the Seentary of labor therenader.
esteetles for training, laeloding apprenticeship. The Contreeter j
(a) Overume requironments. No Centrueter er subesotreeter assess to post in seaspicosas pleems, available to senployees and contracting for any part of the so treet work which may requin applianats for eenployment, notices to be prowwied by the Con-i er involve the employasent of laborers,4=w apprentises, tracting Osser setting forth the,._ -- of this Equal Opper-I trainees, watchmen, and guards shall require er permit any g 3,7 i hborer mechanic, appr==tw trainee, wee >h=== or guard in (b) The Centractor will, in all solicitations or advertasements eny workweek in which he is esiployed en such work to work in for esaployees pissed by or en hahalf of the Contractor, state excess of eight hours in any calendar day or in excess of forty that all quali6ed applienate will receive seasiderstion for em-hours in such workweek on work subject to the provisaons of the ployment without regard to rose, color, rehrion, sex, or national Centreet Work Hours and Safety Standards Act malens seek
,,ggia, tr.borer, mechanie, apprentice, tratace, watchman, or guard n-(e) The Contractor will send to each labor union or npresents.
ceives compensation at a rate not less thaa one and one half times tive of workers with which he has a collective barsmining agree-his basic rate of pay for all such hours worked in excess of eight meat or other contract or understanding, a notics, to be provided hours in any calendar day or in excess of forty hours in such by the agency Contracting Omeer, advising the labor union or wnrkweek, whichever it b greater number of overtime hours.
,,,k,,.. representative of the Contreeter's esamitments under (b) Violation; liability for unpaid wages: liquidated damages.
this Equal Opportunity classe, and shall post copies of the notice In the event of any violation of the provisions of paragraph (a),
in conspieuses places available to senployees sad applicants for the Contractor and any sabeentreeter.,:-Sle therefor shall employassat.
be Fable to any affected employee for his napsid wages. In addi-(d) The Contractor will comply with s11 provisions of Execu-tion, such Contractor and sabeentractor shall be liable to the tive Order No.11246 of C^ ^ 1-24, 1965, as amended by United States for liquidated damages. Such liquidated damages Executive Order No.11375 of October 13,1967, and of the rules, shall be computed with respect to each individual laborer, regulations, and relevant orders of the Secretary of I. abor.
mechanic, apprentice. trainee, waerh=== or guard employed in (e) The Contractor will furnish all information and nports violation of the provisions of paragraph (a) in the som of 310 required by Executive Order No.11246 of September 24, 1965,
?
ftr each calendar day on which sneh employee was required or as amended by Executive Order No.11375 of October 13, 1967, pennitted to be employed on such work in exeems of eight hours and by the rules, regulations, and orders of the Secretary of er in excess of his standard workweek of forty hours without psy*
Labor, or parenant thereto, and will permit access to his books, ment of the overtime wages required by paragraph (a).
records, and aseounts by the contracting agency and the Secretary (e) Withholding ior unpaid wages and liquidated damages. The of Labor for purposes of investigation to ascertain compliance Contreeting OSeer may withhold from the Government Prinse with such rules, regulatises, and ordere.
Centractor, freen any moneys payable en account of wcrk per-(f) In the event of the Contractor's paneemplianee with the fermed by the Centreeter or sobeest:setor, snel, sans as may Equal Opportunity clause of this contract or with any of the cdministratively be determined to be meessnary to satisfy any amid reiss, regulations, or orders, this contreet may be canceled, Indilities of such Contractor or sabeestractor for unpaid wages ternuanted. or suspended, in whole or in part, and the Contreeter sad liquidated damages as provided la the provisions of pars-may be declared ineligible for further Governament enntracts in graph (b).
assordance with procedures authorised in Executive Order No.
1 (d) Subcontracts. The Centractor shall insert paragraphs (a) 11346 of C - t 24,1965. as amended by Executive Order No.
through (d) of this clause in all sobeantracta. and shall require 11875 of October 13,1967, and seeh other manetions may be im-their inelnalan in all subcontreets of any tier.
pened and vesnedies invoked as provided in Executive Order No.
(c) Records. The Contractor she*1 malatsin payroll records 11346 of Septaunber 24,1965, as amended by Executive Order No.
l containing h information speci6ed in 29 CFR 516.2(a). such 11375 of October 13,1967, or by rule, regulation, or order of the records shall be preserved for three yeare from the essapletion seentary of Imber, or as otherwise provided by law.
af the contract.
(g) The Centreeter will include the provisions of paragraphs (a) through (g) in every subcontreet or purchase order unless
- 17. Wat.su HsAsav Pustac CowTnAcTs Act esempted by rules, regulations, or orders of the Secretary of If this contreet is for the manufacture or'fornishing of Labor issued pursuant to section 304 of Executive Order No.
materials, sopplies, articles, or equipment in an amount which 11246 of Septesaber 24,1945, as amended by Executive Order No.
exceeds or may exeeed 310.000 and le otherwise subject to the 11375 of Oesober 13,1967, so that such provisions will be binding Wr.lsh.Healey Public Contreets Act, as amended (41 U.S. Code upon each sabeantractor or vendor. The Contractor will take such 3-45), there are hereby laeorporated by referenee all represen-action with respect to any subcontract or purchase order as the.
tations and stipulations required by said Act and regulations sentreeting attency may direct as a sneans of enforcing such issued thereunder by the R.ry of Labor, seeh repressata-
_ laeloding sanctions for noncompliance: Provided.
tions and stipulations being subject to all applicable rulings and heerever, That in the event the Contractor becomes involves' in, staneano pseu as tes a.ps 4
s
. m
e or is threatened with, litigaties with a sabeestreeter or vender sesall beelmess esseerns; (2) other se" -M esseerse w nh as a result of seek directies by the centreeting asemey, the Com.
a $ ret puferanes; (3) 4" ' ";ible conearns with a sensed traster may request the United States to enter inte seek litigatism preferases which are aise small b==i==== concerns; (4) other to protect the interests of the United States, certia*d"*ligible concerns with a sesend preference; (5) per-
- 19. Orrsc Ata Nor To EsNart?
sistent or esbetastiallabor surples area concerns which are also
===11 b=Wa== esseerns; (4) other persistant or sabotaatial labor No member of or delegate to CongTees, or resident Comads-surples area concerns; and (7) small business concerns which sieser, shall be adentted to any share or part of this centrast, e' are not labor surplus ares esseerns.
to any beneet that may arise therefrous; but this provieles shall not be construed to extend to this contreet if made with a carpe-
- 23. UTsusATsoN or Mzieca:TT BustNass ENTsBrBIssa ration for its general beneet.
(a) It is the pelley of the Government that mimerity b-===
+
- 20. CovsNANT AGAINsT CONTINoENT Fuss esserprises aball have the==n=== practiemble opportunity to participate la the perforinasse of Gewersunsat contreets.
The Contractor warrmats that no perusa or seillag agency has (b) The Contreeter agrees to use his best eforts to carry out been employed or rotasaed to solicit or soeum this contreet upon this policy la the award of his subcontreets to the falleet extent an agreement or understanding for a
-=i==u=
per m tase, consistent with the edicient performance of this gntract. As brokerage, or contingent fee, excepting beam fide employees or used in tMs centract, the term " minority business enterprise" hons $de established conumercial or saillag agemeios maintalmed means a business at least 50 percent of which is owned by by the Contreeter for the purpose of securing business. For minority rroup seembers or. la cass ef publicly-owned M beach or violation of this warranty the Government shall ha" at leset 51 percent of the steek of which is owned by minority the r'ght to annat this contreet without liability or in its disen*
group===h6es. For the perpeens of this dedaition, minority tion to deduet frees the contract price or consideration, or other-
- gag, h e are Negroes, Sa==* g _ ling Amerieaa pereene, wise recover, the full amount of such comunission, percentage.
American-Orientals. Ameriema Indians. American Fairimos, and brokersae. or contingent fe*-
American Aleuts. Contractors may rely on written representa-
- 21. UTruzaTroM or SwAr.z. BestNess Ccacsans tions by subcontractors agarding their status as minority boei-(an It is the polley of the Government as declared by the Con-nas enterprises in !Ieu of an independent innectgation.
gress that a fair proportion of the purchases and contracts for
- 28. Perc2No or AnstirrMENTs supplies and services for the Government be placed with small When costs are a fsetor in any determination of a contract buriness concerns.
price adjustment pursuant to the Changes clause or any other ib) The Contractor maTees to accomplish the maximum amount provision of this contract, such costs shall be in accordance with of subcontrseting to small business concerns that the Contractor the contract cost principles and procedures in Part 1-15 of the ands to be consistent with the edicient performance of this FeCeral Pwcat Reguistions (41 CFR 1-15) or Section XV centract.
of the Armed Services Proc.roment Regulation, as applicable.
- 22. UTruzATroM or LAson SUserxs ASEA CONCIRNs wMeh an in efect on the date if tMs contract.
(a) It !s the po!!cy of the Government to award contreets to
- 25. PAYMENT or INTEsEsT oE lONTsACTORs' CLAIMS labor surplus area concerns that 11) han been cert 16ed by the (a) If an appealis filed by the Contractor from a anal decision Secretarv of Labor (hereafter refened to as certiSed-eligible of the Contracting OSeer under the Disputes clause of this con.
concerns with Arst or second preferences) regarding the employ-tract denytag a claim arising under the contract, simple interest msnt of a proportionate number of disadvantaged indinduals and on the amount of the claim finally determined owed by the Govern-have arreed to perform substantially (!) in or near sections of ment shall be payable to the Contractor. Such interest shall be at concentrated unemployment or underemployment or in persistent the rate determined by the Secretary of the Treasury pursuant to or substantial labor surplus areas or (ii) in other arves of the Public Law 92-41,85 Stat. 97. from the date the Contractor fur-United States, respectively, or (2) are noncertided concerns nishes to the Contracting Officer his written appeal under the which have agreed to perform substantially in persistent or sub-Disputes clause of this contract, to the date of (1) a nnal judg-stantial labor surplue areas, where this can be done consistent ment by a coort of competent jurisdiction, or (2) mailing to the with the emetent performance of the contract and at prices no Contractor of a supplemental agreement for execution either con-hieher than are abtainable elsewhere. The Contractor agrees to firming completed negotiations between the parties or carrying une his best eforts to place his subcontracts in accordance with out a decision of a board of contreet appeals.
this r.oliev.
(b) Notwithstanding (a), above. (1) Interent shall be applied tid In complying with parasraph (a) of this clause and with only from the date payment was due, if such date is later than parneranh ib) of the clause of this contract entitled " Utilization the filing of appeal, and (2) interest shall not be paid for any of Smnli Rusiness Concerns
- the Contractor in placing his sub-period of time that the Contracting Omcer determines the Con-contracts shall observe the following order of prefkrence: (1) tractor has unduly delayed in pursuing his remedies before a Certined.cligible concerns with a first preference which are also board of contract appeals or a court of competent jurisdiction.
e.-....u..
5 STANDARO FORM M (Row. 4-m
-.u m. m.+.n#
i
I FPR CHANGES AND NRC ADDITIONS TO STANDARD FORM 32 (1-16.101(c))
GENERAL PROVISIONS (SUPPLY CONTRAC:')
(June 1976)
ADDITIONS, CONSIST OF ARTICLES THROUGE
- 26. ALTERATIONS The following alterations to the provisions of Standard Form 32, General Provisions, of this contract were made prior to execution of the contract by the parties:
1.
DEFINITIONS The following paragraph'(d) is added to this clause:
a.
"(d) The term "Cos'sission" or "NRC" means the United States Nuclear Regulatory Consnission or any duly authorized representative thereof, including the Contracting Officer except for the purpose of deciding an appeal under the Article " Disputes."
27.
LISTING OF EMPLOYMENT OPENINGS (FPR Temp. Reg. 39)
(Applicable to Contracts Involving $10,000 or More)
DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA a.
The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment,. and otherwise treat qualified disabled veterans and veterans for the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, adver-tising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
b.
The contractor agrees that all suitable employment openings of the contractor which exist at the tit. of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and includ@g those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affi31stes, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required.
State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not reguired to provide those reports set forth in paragraphs (d) and (e).
6-
c.
Listing of employment ooenings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which 1
attach to the placing of a bona fide job order, including the acceptance of j
referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any 4
particular group of job applicants, and nothing herein is intended to edieve
]
the contractor from any requirements in Executive orders or regulations regard-l ing nondiscrimination in employment.
d.
The reports required by paragraph (b) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the contractor has more than one hiring location in a State, with the central office of that State employment service.
Such reports shall indicate for each hiring location (1) the number of indivi-duals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired. (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should i
include covered veterans hired for on-the-job training under 38 U.S.C. 1787.
The contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for awa=4 nation by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment, and placement.
Whenever the contractor becomes contractually bound to the listing provisions e.
of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location i
in the State. As long as the contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise i
che State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause.
i f.
This clause does not apply to the listing of employment openings which occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, j
Guam, and the Virgin Islands.
g.
The provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening..
,,nn,,,--,n--w.m..
,,.,_,,.._.e,n_.m.n-r,
l 1
h.
As used in this clause:
(1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: production and non-production; plant and office; laborers.and mechanics; supervisory and nonsupervisory; technical; and executive, =d=4rdstrative, and pro-feasional openings that are compensated on a salary baats of less thac S25,000 per year. This term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment. It does not include openings which the contractor proposes to fill from
)
within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educa-tional institution which are restricted to students of that institution.
Under the most compelling circumstances an amployment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Government.
(2) " Appropriate office of the State employment service system" means the local office of the Federal / State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.
(3) " Openings which the contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the contractor proposes to fill from regularly established " recall" lists.
(4) " Openings which the contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment openings which the contracter proposes to fill from union halls, which is part of the customary and t aditional hiring relationship which
]
exists between the contractor and representatives of his employees.
1.
The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
j.
In the event of the contractor's noncompliance with the requirements of this clause, actions'for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
k.
The contractor es eas to post in conspicuous places available to employees and applicants for englsyment notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the contractor's obligation under the law to taka affirmative action to employ.
5
o and advance in employ' ment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees.
i 1.
The contractor win notify each labor union or representative of workers with which it has a collective bar =4=4=5 agreement or other contract understanding j
^
that the contractor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to take affirmative Action to uploy and advance in employment qualified disabled veterans and veterans of the Vietnam era.
The contractor will include the provisions of this clause in every subcontract m.
or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions win be bindine upon each subcontractor or vendor. The contractor will,taka such action idith respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, inc1'ading action for noncompliance.
28.
EMPLOYMENT OF THE HANDICAPPED (FPR Temp. Reg. 38) a.
The contractor win not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, re-cruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
b.
The contractor agrees to comply with the rules, regulations, and relevant l
I orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973 as amended c.
In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be takan in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act.
d.
The Contractor agrees to post in conspicuo us places, available to employees and applicants for employment, notices in a form to be prescribed by the J
Director, office of Federal Contract Compliance Programs, Department of Labor provided by or through the Contracting Officer. Such notices shan state the contractor's obligation under the law to taka affirmative action to employ and advance in employment qualified handicapped employees and appli-cants for employment, and the rights of applicants and employees.
I e.
The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agr-at or other contract under-standing that the contractor is bound by the terms of section 503 of the Act, and is committed to take affirmative action to employ and advance in l
employment physically and mancany handicapped individuals. -
i f.
The Contractor will include the provisions of this clause in every sub-contract or purchase order of $2,500 or more unless exempted by rules, res-ulations, or orders of the Secretary of Labor issued pursuant to section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. 'The Contractor will taka such action with respect to any subcen-tract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action-for noncompliance.
- 29. CLEAR AIR AND WATER (1-1.2302)
(Applicable only if the contract exceeds $100,000, or the Contracting Officer has determined that orders under an indefinite quantity contract in any one year will exceed $100,000 or a facility to be used has been the subject of a conviction under the Clear Air Act (42 U.S.C.1957c-8(c) (1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or the contract is not otherwise exempt.)
a.
The Contractor agrees as follows:
(1) To comply with all the requirements of section 114 of the Clean Air Act, as amended-(42 U.S.C. 1857, et seq., as amended by Pub.
L.91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C.1251 et seq., as amended by Pub. L.95-500), respec-tively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of the contract.
j (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the nome of such facility or facilities from such listing.
(3) To use his best efforts to comply with cisan air standards and clean water standards at the facility in which the contract is being performed.
(4) ToiIsertthesubstanceoftheprovisionsofthisclauseintoany nonexsept subcontract, including this paragraph (a)(4).
b.
The terms used in this clause have the following====4=gs:
(1) The term " Air-Act" means the Clasa Air Act, as amended (42 U.S.C.
1857 et. se'q., as amended by Pub. L.91-604).
(2) The term " Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et. seq., as amended by Pub. L.92-500)...
(3) The term " clean air standards" means any enforceable rules, regulations, i
guidelines, standards, limitations, orders, controls, prohibitions, or j
other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable
)
implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C.1857c-5(d)), an approved implementation procedure or plan under section 111(c) or section 111(d), respectively, of the Air Act (42 U.S.C. 1857(c) or (d)), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C.1857c-7(d)).
(4) The term " clean water standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is pro-mulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C.1342), or by local government to ensura compliance with pretreat-ment regulations as required by section 307 of the Water Act (33 U.S.C.
1317).
4 (5) The term " compliance" means compliance with clean air or water standards.
Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an air or water pollution control agency in accor-dance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto.
(6) The term " facility" means any building, plant, instanation, structure, mine, vessel or other floating craft, location, or site of operations owned, leased, or supervised by a contractor or subcontractor, to be utilized in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire locac1on or site shan be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collocated in one geographical area.
30.
FEDERAL, STATE, AND LOCAL TAIES (1-H.401-1(c))
(a) Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and local taxes and duties.
(b) Nevertheless, with respect to any Federal excise tax or duty on the trans-actions or property covered by this contract, if a statute, court decision, written ruling, or regulation takes effect after the contract date, and--
1.
Results in the Contractor being required to pay or bear the burden of any such Federal excise tax or duty or increase in the rate thereof which would not otherwise have been payable on such transactions or property, the contract price shall be increased by the amount of such tax or duty or race increase: Provided, that the Contractor if requested l
-H-
by the Contracting Officer, warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in j
the contract price as a contingency reserve or otherwise; or (2) Results in the Contractor not being required to pay or bear the burden of, or in his obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refund, or drawback, or the amount shall be paid to Government, as directed by the Contracting Officer. The contract price shall be similarly decreased if the Contractor, through his fault or negligence or his failure to follow instructions of the Contracting Officer, is required to pay or bear the burden of, or does not obtain a refund or drawback of, any such Federal excise tax or duty.
No adjustment pursuant to paragraph (b) above will be made under this contract c.
unless the aggregate amount thereof is or may reasonably be expected to be over $100.
d.
As used in paragraph (b) above, the term " contract date" means the date set for the bid opening, or if this is a negotiated contract, the date of this contract. As to additional supplies or services procured by modification to this contract, the term " contract date" means the date of such modification.
Unless there does not exist any reasonable basis to sustain an exemption, the e.
Government, upon request of the Contractor, without further liability, agrees, except as otherwise provided in this contract, to furnish evidence appropriate to establish exemption from any tax which the Contractor warrants in writing was excluded.from the contract price. In addition, the Contracting Officer may furnish evidence to establish exemption from any tax that may, pursuant to this clause, give rise to either an increase or decrease in the contract price. Except as otherwise provided in this contract, evidence appropriate to establish exemption from duties wir be furnished only at the discretion of i
the Contracting Officer.
l f.
The Contractor shall promptly notify the Contracting Officer of matters which will result in either an increase or decrease in the contract price, and shall take action with respect thereto as directed by the Contracting Officer.
31.
TERMINATION FOR C0tWENIENCE OF THE GOVERNIENT (1-8.701) a.
The performance of work under this contract may be terminated by the Government l
in accordance with this clause in whole, or from time to time in part, whenever l
the Contracting Officer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery l
co the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective, t
-M-I 1
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a b.
After receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer; the Contractor shall:
(1) Stop work 'under the contract on the date and to the extent specified in the Notice of Termination; (2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated; (3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; (4) Assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest j
of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to l
settle or pay any or all c1=f== arising out of the termination of such orders and subcontracts; (5) Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent he may require, which approval or ratification shall be final for all the purposes of this clause; (6) Transfer title to the Government and deliver in the manner, at the times, and to the extent, if any, directed by the Contracting Officer, (1) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (ii) the completed or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Government; (7) Use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Contracting
' Officer, any property of the types referred to in (6) above: Providad, 1:owever, That the Contractor (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the condi-tions prescribed by and at a price or prices approved by the Contracting Officer: And provided f: ether, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Contracting Officer may direct; (8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and - - - - -. - -
4 l
s (9) Take such action as may be necessary, or as the Contracting Officer may I
direct, for the protection and preservation of the property related to this contract which ~1s in the possession 'of the Contractor and in which the Government has or may acquire an interest.
At any time after expiration of the plant clearance period, as defined in i
Subpart 1-8.1 of the Federal Procurement Regulations (41 CFR l-8.1), as
)
the definition may be amended from time to time, the Contractor any submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously dis-posed of, exclusive of items the disposition of which has been directed or authorized by the Contracting Offir.er, and may request the Government to remove such items or enter into a storage agreement covering them.
Not later than fifteen (15) days thereafter the Government will accept title to such items and remove them or enter into a storage agreement covering the same: Provided, That the list submitts d shall be subject to verification by the Contracting Officer upon removal of the items or, if the items are stored, within forty-five (45) days from the date of sub-mission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement.
c.
Af ter receipt of a Notice of Termination, the Contractor shall submit to the Contracting Officer his termination claim, in the form and with certification prescribed by the Contracting Officer. Such claim shall be submitted promptly but in no event later than ene year from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon request of the Contractor made in writing within such one-year period or authorized extension thereof. However, if the Contracting Officer determines that the facts justify such action, he may receive and act upon any such termination claim at any time after such one-year period or any extension thereof. Upon failure of the Contractor to submit his termination claim within the time allowed, the Contract.ing Officer any, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined.
d.
Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done: Provided, That such agreed amount or amounts, ew1=ive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Centractor shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to agree upon the whole amount to.
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be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict, or otherwise determine or affact the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph (d).
o.
In the event of the failure of the Cor.tracter and the Contracting Officer to agree as provided in paragraph (d) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, the Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available to him the amount if any due to the Cor.:ractor by reason of the termination and shall pay to the Contractor the amounts determined as follows:
(1) For completed supplies accepted by the Government (or sold or acquired as provided in paragraph (b) (7) above) and not theretofore paid for, a sua
)
equivalent to the aggregate price for such supplies computed in accordance j
with the price or prices specified in the contract, appropriately adjusted for any saving of freight or other charges; (2) The total of-(1) The costs incurred in the performance of the work terminated,
)
including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies paid or to be paid for under paragraph (e) (1) hereof; (ii) The cost of settling and paying < 1n4== arising out of the termination of work under subcontracts or orders, as provided in paragraph (b)
(5) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (1) above); and (iii) A sta, as profit on (1), above, determined by the contracting officer pursuant to 5 1-8.303 of the Federal Procurement Regulations (41 CFR 1-8.303), in effect as of the date of execution of this contract, to be fair and reasonable: ProtnMad, herJeve2', That if it appears that the contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (iii) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated race of loss; and (3) The reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of sectiement claims and supporting data with respect to the terminated portion of the r
contract and for the termination and settlement of subcontracts the 4
I rounder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of property allocable to this contract.
The total sum to "oe paid to the Contractor under (1) and (2) of this paragraph (e) shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. Except for normal spoilage, and except to the extent that the Government shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor as provided in (e) (1-) and (2) (1)' above, the fair value, as deter =1nad by,the contracting Officer, of property which is dastroyed, lost, stolen, or damaged so as to become undeliverable to the Government, (7).
or to a buyer pursuant to paragrgh (b) f.
Costs claimed, agreed to, or determined purstent to paragraphs (c), (d), and (e) of this clause shall be in accordance wu h thq applicable contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations (41 CFR 1-15) in effect on the date of this contract.
g.
The Contractor shall have the right to appeal, under the clause of this contract entitled " Disputes," from any determination made by the Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor has failed to submit his claim within the time provided in paragraph (c) above and has failed to request extension of such time, he shall have no such right of appeal. In any case where the Contracting Officer has made a determination of the amount due under paragraph (c) or (e) above, the Government shall pay to the Contractor the following:
(1) if there is no right of appeal hereunder or if no timely appeal has been enken, the amount so determined by the Contracting Officer; or (2) if an appeal has been taken, the amount finally determined on such appeal.
h.
In arriving at the amount due the Contractor under this clause there shall be deducted (1) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (2) any claim which the Government may have against the Contractor in connection with this contract; and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor or sold, pursuant to the. provisions of this clause, and not otherwise recovered by or credited to the Government.
Iftheterminationhereunderbepartial,priortbthesettlementofthetermi-
- 1.
nated portion of this ' contract, the Contractor may file with the Contracting Officer a request in,wr$ ting for an equitable addustmeat of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by tha Notice of Termination), and such I
equitable adjustment as may be agreed upon shall be made in such price or prices.
s J.
The Government may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costa incurred by the Contractor in connection with the terminated portion of this contract whenever in the opinion of the Contracting Officer the aggregate of such payments shan be within the amount to which the Contractor will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shan be payable by the Contractor to the Government upon demand, together with interest computed at the rate of 6 percent per annum for the period from the date such excess payment is received by the Contractor to the date on which such excess is repaid to the Government: Providad, hauever, That no interest sha n be charged with respect to any such excess payment attributable to a reduction in the Contractor's clain by reason of retention or other disposition of termination inventory until ten days af ter the date of such retention of disposition, or such later date as determined by th'e Contracting Officer by reason of the circumstances.
k.
Unless otherwise provided for in this contract, or by applicable statute, the Contractor, from the effective date of termination and for a period of three years after final settlement under this contract, shall preserve and make available to the Government at all reasonable times at the office of the Contractor but without direct charge to the Government, all his books, records, documents, and other evidence baaring on the costs and expenses of the Contractor under this contract and relating to the work terminated hereunder, or, to the extent approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions thereof.
32.
MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM (1-1.1310.2(b))
The Contractor agrees to establish and conduct, a program which will enable a.
minority business enterprises (as defined in the clause entitled " Utilization of Minority Business Enterprises") to be considered fairly as subcontractors and suppliers under th4s contract. In this connection, the Contractor shall-(1) Designate a liaison officer who will adminfacer the Contractor's minority business enterprises program.
(2) Provide adequate and timely consideration of the potentialities of known minority business enterprises in au "make-or-buy" decisions.
(3) Assure that known minority business enterprises will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations,' time for the preparation of bids, quantities, specifica-tions, and delivery schedules so as to facilitate the participation of minority business enterprises.
(4) Maintain records showing (1) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minority business enterprises, (ii) awards to minority business enterprises on the source list, and (iii) specific efforts to identify and award contracts to minority business enterprises. _
i l
l (5) Include the Utilization of Minority Business Enterprisec clause in subcontracts which offer substantial minority business enterprises subcontracting opportunities.
(6) Cooperate with the Contracting Officer in any studies and surveys of the Contractor's minority business enterprises procedures and practices that the Contracting Officer may from time to time conduct.
(7) Submit periodic reports of subcontracting to known minority business enterprises with respect to the records referred to in subparagraph (4),
above, in such form and manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe.
b.
The Contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors.
33.
PREFERENCE FOR U.S. FLAG AIR CARRIERS (1-1.323-2) a.
Pub. L.93-623 requires that all Federal agencies and Government contractors and subcontractors will use U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. It further provides that the Comptroller General of the United States shall disallow any expenditure from appropriate funds for international air transportation on other than a U.S. flag air carrier in the absence of satisfactory proof of the necessity therefor.
b.
The contractor agrees to utilize U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available.
c.
In the event that the contractor selects a carrier other than a U.S. flag air carrier for international air transportation; he will include a certifica-tion on vouchers involving such transportation which is essentially as follows:
l CERTIFICATION OF UNAVAILABILITY OF U.S. FLAG AIR CARRrRRR I hereby certify that transportation service for personnel (and their personal effects) or property by certificated air carrier was unavailable for the following reasons:
(state reasons) 34.
NOIICE TO THE GOVERNMENT OF LABOR DISFUTES (1-7.203-3)
I a.
Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this a See Federal Procurement Regulations (41 CFR 1-1.323-3) or section 1-336.2 of the Armed Services Procurement Regulations, as applicable.-
i e
l a,
9
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e e
contract, the Contractor shan immediately give notice thereof, including all relevant informat' ion'with respect thereto, to the Contracting Officer.
b.
The Contractor agrees to insert the substance of this clause, including this paragraph- (b), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract; except that each such subcontract shall provide that in the event its timely performance is delayed i
or threatened by delay by an actual or potential labor dispute, the subcon-tractor shan inmediately notify his, next higher tier subcontractor, or the Prime Contractor, as the case may be, of all relevant infornecion with respect to such disputes.
- 35. PERMITS (9-7.5006-48)
Except as otherwise directed by the Contracting Officer, the contractor shall procure all necessary permits or licenses and abide by an applicable laws, regulations, and ordinances of the United States and of the State, territory, and political subdivision in which the work under this contract is performed.
36.
RENEGOTIATION (9-7.5004-20) i If this contract is subject to the Renegotiation Act of 1951, as amended, the following provisions shall apply:
a.
This contract is subject to the Renegotiation Act of 1951 (50 U.S.C.
1 App. 12u, et. seq.), as amended, and to any subsequent act of Congress providing for the renegotiation of contracts. Nothing contained in this clause shall impose any renegotiation obligation with respect to this contract or any subcontract hereunder which is not imposed by an act of Congress heretofore or hereafter enacted. Subject to the foregoing, this contract shall be deemed,to contain au the provisions required by section 104 of the Renegotiation Act of 1951, and by any such other act, without subsequent contract==<l==c specificany incorporating such provisions.
b.
The contrictor agrees to' insert the provisions of this clause, including this paragraph (5), in, all subcontracts, as that term is defined in section 103 g. of the Renegotiation Act of 1951, as amended.
37.
PATENT INDEMNITY (9-9.5009(c))
The Contractor agrees to indemnify the Government, its officers, agents, servants, ac4 employees against liability of any kind (including costs and expenses incurred) for the use of any invention or discovery and for the infringement of any Letters Patent (not including liability, arising pursuant to Section 183, Title 35, (1952) U.S. Code, prior to the issuance of Letters Patent) occurring in the performance of this contract or arising by reason of the use of disposal by or for the account of the Government of items manufactured or supplied under this contr2CC.
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- 38. REPORTING OF ROYALTIES (9-9.5011)
If this contract is in an amount which exceeds $10,000 and if any royalty payments are directly involved in the contract or are reflected in the contract price to the Government, the Contractor agrees to report in writing to the Commission (Patent Counsel, Office of the Executive Legal Director) during the performance of this contract and prior to its completion or final settisment the amount of any royalties or other payments paid er to be paid by it directly to others in connection with the perfo*mance of this contract together with the names and addresses of licensors to whom such payments are made and either the patent numbers involved or such other information as will permit identification of the patents or other basis on which the royalties are to be paid. The approval of the Commission of any individual payments or royalties shall not astop the Government at any time from contesting the enforceability, validity or scope of, or title, to, any patent under which a royalty or payments are made.
~
39.
NOIICE REGARDING LATE DELIVERY (1-7.204-4)
In the event the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the contract delivery schedule or date, the Contractor shall 1:enediately notify the Contracting Officer thereof in writing, giving pertinent details, including the date by which it expects to complete performance or make delivery: Provided, houever, That this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any contract delivery schedule or date, or any rights or remedies provided by law or under this contract.
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40.
STOF WORK ORDER (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of ninety (90) days after the order is delivered to the Contractor, and for any further period at which the parties may agree. Any such order shall be specifically identified as a Stop Work Order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable' steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of ninety (90) days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either:
(1) cancel the stop work order, or (ii) terminate the work covered by such order as provided in the " Default" or the " Termination for Convenience" clause of this contract.
(b) If a stop work order issued under this clause is cancelled or the period of the order or any extension thereof expires, the Contractor shall resume work. An equitable adjustment shall be made in the delivery schedule or contract price, or both, and the contract shall be modified in writing accordingly, if:
(i) the stop work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract, and (ii) the Contractor asserts a claim for such adjustment within thirty (30) days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this contract.
(c)
If a stop work order is not canceled and the work covered by such order is terminated for the convenience of the Government, the reasonable costs resulting from the stop work order shall be allowed in arriving at the termination settlement.
(d)
If a stop work order is not canceled and the work covered by such order is terminated for default, the reasonable costs resulting from the stop work-order shall be allowed by equitable adjustment or otherwise.
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41.
PUBLICATION AND PUBLICITY Unless otherwise specified in this contract, the Contractor is encouraged to publish and make available through accepted channels the results of its work under this contract. The Contractor shall submit a copy of each article or other information to the Project Officer prior to publication or dissemination for public use. If the article or other information is subsequently modified or altered in any manner, the Contractor shall promptly notify the Project Officer and furnish him/her a copy of the article or other information as finally submitted for publication or dissemination.
The Contractor shall acknowledge the support of the U. S. Nuclear Regulatory Commission whenever publicizing the work under this contract in any media. To effectuate the foregoing, the Contractor shall include in any publication resulting from work performed under this contract an acknowledgement substancially as follows:
"The work upon which this publication. is based was performed pursuant to Contract (insert number) with the (insert name of constituent agency), U. S. Nuclear Regulatory Commission."
Either Clause No. 42, entitled " Dissemination of Contract Information" or Clause No. 41 is for application out not both. In tne aosence of a clear delineation, Clause No. 41 applies.
42.
DISSEMINATION OF' CONTRACT INFORMATION The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, j
without the prior written consent of the Contracting Officer.
(Two copies of any material proposed to be pus 11shed or distributed shall be submitted i
to the Contracting Officer.) Failure to comply with this clause shall be grounds for termination of this contract'.
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s 43.
WORic FOR OTHERS Notwithstanding any other provision of th,is cor. tract, 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 an actual or apparent conflict of interest with respect to the work being performed under this contract.
The contractor shall insure that all employees designated as key personnel if any, under this contract abide by the provisions of this j
clause.
If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangemenc with any firm or organization may involve a possible conflict l
of interest, the contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.
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PART 20-1 -- GENERAL Subpart 20-1.54--Contractor' Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy.
20-1.5402 Definitions.
20-1.5403 Criteria for recognizing contractor organizational conflicts of interest.
20-1.5404 Representation.
20-1.5405 Contract clauses.
20-1.5405-1 General contract clause.
20-1.540542 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) 520-1.5401 Scope and Policy j
i (NRC)(a) It is the policy of the U.S. Nuclear Regulatory Consission to avoid, eliminate or neutralize contractor organizational conflicts of interest. The NRC achieves this cbjective by requiring all prospective 1
contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually
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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 I
in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.
NRC 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 the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?
J (c) The conflict of interest rule contained in this subpart amplies to contractors and offerors only.
Individuals or firms who have other s
relacionships with NRC (e.g., parties to a licensing proceeding) are not covered by tnis regulation. This rule does not apply to the ac:;uisition of consulting services through the personnel appoint =ent crocess, NRC j _
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75g0-01 agreements with other government agencies, international ' rganizations.
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. or state, local or. foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
320,1.5402 Definitions
-(a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or Planned interests related to the work to be performed under an NRC contract which: (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
(c)
- Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d) " Technical consulting and management support services" means internal assistance to a component of the NRC in the formulation or i
i administration of its programs, projects, or policies which normally j'
been made available to the public or proprietary information. Such require the contractor to be given access to information which has not services typically include assistance in the preparation of program plans; arid 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
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controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR 31-1.606-1(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, partnarship, 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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(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.
520-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist: (1)Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC~t (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 common sense and good business judgment based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.
(b) Situations or relationships which may 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:
(i) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same aren to any organization regulated by the NRC.
(11) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing.
(iv) Where the award of a contract would otherwise result in
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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. l
7590-01 (2) The contracting officer may request specific infomation from an offeror or contractor or may require special contract provisions such as provided in s20-1.5405-2 in the following circumstances:
(1) Where the offeror or contractor preoares specifications which
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are to be used in comoetitive procurements of products or services covered by such specifications.
(ii) Where the offeror or contractor preoares 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 infomation not available to the public concerning NRC plans, policies, or programs which could fom the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary infomation of its competitors.
(v) Where the award of a contract might otherwise result in placing l
the offeror or contractor in a conflicting role in which its judgment l
may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example.
The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently perfoming similar analyses for the reactor i
manufacturer.
Guidance. An NRC contract for that particular work nomally 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.
l (2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is perfoming 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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Guidance. An NRC contract nomally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias 4
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 perfomance 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 casumercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to i
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 tems of NRC's responsibilities and no reasonable alternative exists, a waiver of l
the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
(4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's perfomance 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 tne ABC Co. provided that the contract stipulates that no infomation 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 infomation is generally available to others.
Further, the contract will stipulate that the contractor will infom the NRC contracting officer of all situations in which the infomation developed under the contract is proposed to be used. i
I 7590-01 (5) Example. The ABC Corp., in respense 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 s20-1.5403(b)(1)(i), ABC Corp. infoms the NRC that it is presently doing seismological studies for several utilities in the Eastern United Mates but none of the sites are within the geographic area contemplated by the NRC study.
Guidance. The contracting officer would nomally 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 I20-1.5405-1(c) would preclude ABC Corp. from accepting work during the tem of the NRC contract which could crat: 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 perfomance 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 Representatica (a) The following procedures are designed to assist the NRC contracting i
officer in detemining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
I (b) Representation procedure. The following organizational conflicts of interest mpresentation provision shall be included in all solicitations and unsolicited proposals for: ~ (1) Evaluation services or activities; (2) technical consulting and management support servicas; (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would i
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 sutimitted with I
regard to the contract being modified, only an updating of such statement shall be required.
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f 7590-01 l
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ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:
The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR 5 20-1.5403(b)(1).
i (c)
Instructions to offerors. The following shall be included in all NRC solicitations:
(1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 3 20-1.5403(b)(1) are involved, or the contracting officer otherwise datamines that potential organizational conflicts exist, the offeror shall provide a statement in writing Wiich describes in a concise manner i
all relevant facts bearing on his representation to the contracting officer.
If the contracting officer detemines that organizational conflicts exist, the following -tions may be taken: (1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or (iii) detemine that it is othemise in the best interest of the United States to seek award of the contract under the waiver provisions of 5 20-1.5411.
(2) Tne refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by '520-1.5404(c), shs11 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 offerers, the proposal must be rejected as unacceptable.
(a) 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 offerer will be permitted to correct the omission.
I 20-1.5405 Contract clauses 5 20-1.5405-1 General contract clause l l
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1 All contracts of the types set forth in 5 20-1.5404(b) shall include the following clauses:
(a) Purpose. The primary curpose 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 perforiaance of this contract.
(b) Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR I 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 perfomed 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 fim 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 organizattorial 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 insnediate 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, teminate the contract for convenience if it deems such temination to be in the best interests of the government.
(e) Access to and use of information.
(1) If the contractor in the perfomance of this contract obtains access to inforination, 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 released to the public; ii) compete for work for the Comunission based 1 I
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s 7590-01 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) submit 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 contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts.
Except as provided in 41 CFR 120-1.5402(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 for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
(h) Wafver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 120-1.5411.
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 cataining a waiver in accordance with 120-1.5411, neutralized througn the use of an appropriate special contract provisien.
If aopropriate, the offeror may negotiate the terms and concitions of these clauses, including the extent and time period of any sucn restriction. These or;<isions include but are not limited to:
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7590-01 (1) Hardware exclusion clauses which prohibit the acceptance of procuction contracts following a related nonproduction contract previously performed oy the contractor; (2) Software exclusion clauses; (3) Clauses wnich 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 unauthori:ed use.
(b) The following additional contract clause may be included as section (i) in the clause set forth in: 20-1.5405-1 when it is detemined that award of a follow-on contract would constitute an organizational conflict of i~nterest.
(i) Follow-on effort.
(1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract.
Furthemore, unless so directed in writing by the centracting officer, the contractor shall not perfom 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 fim if the contractor has been substantially involved in the development or marketing of such products or services.
(2) If t essentially com.hc contractor under this contract prepares a complete or plete statement of work or specifications, the contractor shall be ineligible to perfom or participate in the initial contractual effort wnich 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.
I 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 f 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 of ficer whether organizational conflicts of interest exist with respect to a particular offeror.
If it nas been detemined that conflicts of interest exist, then the contracting officer shall either:
(a) Disqualify the offeror from award. '.
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7590-01 (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of I20-1.5411.
120-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 120-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.
120-1.5408 (Reserved) s20-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with 120-1.5404(b) from subcontractors and consultants. The contracting officer shall require the contractor to include contract clauses in accordance with 120-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
I20-1.5411 Waiver In the first instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director. Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in scecific 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 wnose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and sucervision methods can be employed by NRC to neutralize the conflict. For any such waivers, the justification and approval cocuments snall be placed in the Puolic Document Rocm. _-
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7590-01 520-1. 5412 Remedies in addition to such other remedies as may be oermitted by law or contract for a breach of the restrictions in :nis subcart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washincton. D.C this 27th day of Mar:h 1979.
For the Nuclear Regulatory Commission 2
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Mht CAit k Samuel 0. Cnilk Secretary ofl the Commission 8 =
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