ML19329G230
| ML19329G230 | |
| Person / Time | |
|---|---|
| Issue date: | 06/16/1980 |
| From: | Mattia M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| References | |
| CON-NRC-10-80-669 RS-ADM-80-669, NUDOCS 8007140210 | |
| Download: ML19329G230 (69) | |
Text
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- 3. CERTFIED FQH MATIONAL DEFEPset uNDER OPS RES 1 AND/QR Dhd$ RE4 8 4FAGE Of SOLICITATION, OFFER AND AWARD
=TiNo N/A 1
28
- CO,NT ACT f 8,os. sass se.ar A NO J SCUCa(AIiCN No 3 parEisbuto 6, tQuia.tiWuMCre..n saisuta r No RS-ADM 669 3UN 1 6 1980
@ AovEnfisEoom ONEoomitoem ADM 669 i issuEo e, coc, l
. AccR Ess c,, E R t o,.,.,... r, U.S. Nuclear Regulatory Commission Division of Contracts Washington, DC 20555
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.-e SOUCITATION
- 3. Sealed of f ers in originas and t..fn ( ? )
copies for furnishing the supphes or services in the Schedule weil be received at the osace specified en block 8, or Jl;andcarroed en the droository tocated ksm i H1. Mii i % te Bi dq.,
..n t,i 2 ;00 0.m. local time-l l i 0 l00 7915 Eastern Ave, Silver Spring mouri mares If this is an advertised sohcitation. offers will be publicly opened at that terne.
Maryland CAUTION - LA TE OFFERS: See pars. 7 and 8 of SoI> citation Instructions and Cond,tions.
All cifIrs are subject to the following:
- 1. Tha solicitation Instructions and Conditions, SF 33.A.
I/7S
- 3. The Schedule included herein and/or attached hereto, edition which is attached or incorporated herein by reference.
- 4. Such other previsions, representations, certifications, and specifications
- 2. The General Provisions. SF 32.
9/lE/7n edition. which is as are attached or incorporated herein by reference, attached or encorpotated hereen by reference.
(Attachmen ts ar? Josted on schedule.1 FOR INFORMA TION CALL (Name & terechone no.1 (No collect calls) >
(734q g, (qbn, (3Q}) d2] fG2]
SCHEDULE See Pace 4 y,',,
is uNif emiCE is AMouNY io if Eu so it suPPutS stRv CEs 42 cuANTirv The address shown in Block 97 is for mailing d, o t 3:
of bids only.
Handcarried bids should be ad-dressed as indicated in Block #7 and delivered to: Sid Opening Officer at the Guard ned at 7915 Eastern venue Silver Spring, MD 20910. Telegrapnic bids will not be accepted.
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.o unaw. on o.a. a OFFER (pages 2 and 3 must aoso De tuity comptered Oy otteror)
In cornphance with the above, the undersigned agrees of this of f er is accepted wither.
calendar clays (60 calendar davs unless a det/erent period es insfried by the ot/eror! from the date for receipt of offers specified above, to furnish any or allitems upon which prices are offered at the price set opposite each item, d3vered at the designated pointIsl. withpi the time specified in the schedule.
i6 Ol5CCONT POR PROVPT PavMENT sSe.o t 9 # JJ As
% io CALENOAR OAv$
% 2o CALENDAR DAYS
% 30 CALENDAA CAv5 CALENOAR DAYS
- 17. OFFEROR C00fl l
Faciu ry Coot l is NAME AND TITLE OF PER$CN AufMORIZED r0 $iGN CFFER r fuc. or or.nto
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AWARD I TO 0e comoteled Dy Governmenf) 21 ACCEPTED AS TO iTEVS NUM8tREO
?? AMOUNT 23 ACCOUNTING ANO APPaOPaiAflON DATA B&R 48-20-26-5-06 Approp.
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2s Muh'E 70 A00RESS SNowN iN BLOCis di u $ C 232(c) t
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~4 ADuiNtSTERED BY COCf l 27 PavuENT *sLL BE MACE 8v CCof l i
a., e., r,,, a. r, THIS DOCUMENT CONTA NS POOR QUAUTY PAGEE t f o. or 9,. ors
- L Wr48 iED STATES OF AMERICA M Anamo oArE
.:s NJ.ME OF CONTRACTING CFF.CER i
Mary Jo Mattia Mary do Mattia (Signature ot contracting ollicer)
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a. o te en. cn,n a ro,e or on stanaa,e s rm ze or e. or,.e, or,.c.e,.reen nn*<.
o 33-131 S""'"'S"'*"'
8007140JT.
Prescribed by GSA. FPR 8'1 CFR) 1-16101 L.
TABLE OF CONTENTS This Invitation for Bid (IFB) consists of the following:
Pace
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Part I - GENERAL INSTRUCTIONS A.
Standard Form 33; Solicitation, Offer and Award B.
Table of Contents C.
Representations, Certifications, and Acknowledgements 2-7 Part II - SOLICITATION INSTRUCTIONS AND CONDITIONS AND NOTICES TO BIDDERS A.
Solicitation Instructions and Conditions 8
B.
Notices to Bidders 1.
Notice of Requirement to Certify Nonsegregated Facilities 9
2.
Bid Identification 9
3.
Period of Performance 9
4.
Cost of B1d Preparation 9
5.
Other Contractual Commitments 9
6.
Award Notification 10 7.
Type of Contract and General Provisions 10 8.
Bid Evaluation 10-11 9.
Nondiscrimination Because of Age 11 10.
Listings of Employment Openings 11 11.
Commitment of Public Funds 11 12.
Minimum Bid Acceptance Period 12 13.
Bidder Qualifications and Past Experience 12-13 14.
Availability of Funds 13 15.
Utilization of Small Business Concerns and Small 13 Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals 16.
Size Standard and Product Classificacion 14 Part III - CONTRACT SCHEDULE Standard Form 33, Solicitation, Offer and Award Article I Statement of Work 16-22 Article II Delivery 24 Article III Period of Performance 24 Contracting Officer's Authorized Representative 24-26 Article IV Inspection and Acceptance 26 Article V Preservation /Packagina 26 Service Contract Act Wa/Packina Article VI ge veter ination 27 m
Article VII Article VIII Place of Performance 27 Incorporation of Representations and Certifications 27 Article IX Subcontracts for Work or Services 27 Article X Article XI Billing Instructions 27-28 Article XII Option to Extend the Term of the Contract 28 Article XIII Notice to the Government of Delays Part IV - ATTACHMENTS 1.
Reserved 2.
General Provisions for Fixed Price Cup,n " Contracts 3.
NRC, 41 CFR Part 20, Contractor Organizat;cnal Conflicts of Interest 4.
U.S. Department of Labor Wage Determination
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Paga 2 a i.M MJ TAiNM. Ga.3 G e ;CA nONS AND m;.L.C'iLGli;MnYS
- 'i.oR E!2
- 1 TAT:CNS (Checx or commere art aconcacie noxes or clocks.I W onerer reeresents es part of his offer nat:
Ci1ALL 3U51NE$3 (Sze car.14 on SF 23-A.)
He C ts, C is ret, a sma;l busmess c:r. carn. if of*eror is a small ousiness concern and is not tr'e.?anufacturcr of ine.suoplies offered, a siso reoresents that ali succaes to oe furni!n?d hereuncer C will, C will not, be manufacturereo or croduceo bv a smail business concern in the United States. ts cossessions, cr P.:erto Rico.
?.;1NCRITY SUSINESS EM-TERPRISE Ha C is C is not, a minority business entercrise. A minority business enterprise is defined as a " business, at least 50 percent of wnien s cwneo ov minority grouo memoers or,in case of pu0licly owned bus.nesses, at least 51 cercent of the stock of wnicn is owned ovminority group memoers." For tne purpose of this definit:on, minority group memoers are Negrees, Spanisn. speaking Amencan persons, Armrican Orientals, American. Indians, American Eskimos,and American.Aleuts.
REGULAR DEALER - MANUFACTURER (Appucaole only to sucaly contracts exceeding Sto.CCO.)
He is a C regular dealer in C manufacturer of. the supplies offered.
CCNTINGENT FEE (See par.15 on SF 33.A.)
d) He C has C has not, emp:oyed or retained any company or cersons torner than a /ull-time bona /irle emplovee working solely for I
' e ot/eror) to solicit cr secure this contract, and (b) he C has,C has not, paio or agreed to pay any company or person (other than a full-vme cona /ide employee wortrag soleiv for the o//eror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from s.e awaro of this contract; and agrees to furnisn information relating to (a) ano (bl above, as recuested by the Contracting Officer. (Interpre-m? ion of t*e representation, including the term " bona /ide employee." see Code o/ Federal Regulations. Title J1, Subpart 1 1.5.)
ii.
TY?'I OF BUSINESS CRGANIZATION
' e ooerates as C an individual, C a partnership, a nonorofit organization, C a corporation, incorporated under the laws of the State
- t 4,=?lLIAT:0N AND lCENTlF'!\\NG DATA lApolicacie only to advertisea solicitadons.)
ich offeror snali ccmolete (a) and (b) if ::colicacle, and (c) below:
%) He C is, C is not, owned or controlled oy a parent company. ISee par.16 on SF JJ.A >
ici lf the offeror is owned or controaled by a parent company, he shall enter in the blocks below the name and mai i office acdress of
.1e carent company:
.AME CF **AtW CCV9aNY 43 'AA,N CmCE AoCREss sewc2 ZJ coces C. Eum;YER 5 2CENTJ'CAfiuN %UeEH'his ne ir sn y JJ-A GFE*o4 S f r ho a*.E v r CoWAW S E J No o
7.
EQUAL CPPORTUNITY (a) He O has O has not, participated in a previous contract or subcontract subject e.ther to the Equal Opcortunity clause herein or the ctause originaily contained in section 301 of Executive Order No.10925, or the clause contained in Section 201 of Executive Order No.
1 11114; that he O has, O has not, filed all required compliance reports; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained priot to subcontract awards. (The above representation need not be submitted in cont'ection with contracts or subcontracts which are exempt from the equal opportunity clause.)
(b) The bidder (or offeror) represents that (1) he O has developed and has on file, O has not developed and does not have on file, at aach establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 601 and 60-2) er C) he O has not previously had contracts subject to the written af firmative action progt ams requirement of the rules and regulations of the.
Sect:tary of Labor. (The above representation shall be completed by each bidder (or offeror) whose bid (offer) is S50,000 or more and who has 50 cr more employees.)
s CERT lFtCATIGNS rCheck or comotete all aochcaole boxes or blocks!
1.
BUY AMERICAN CERTIFICATE Th3 of feror certifies as part of his offer, that:.each end product, except the end products listed below, is a domestic end product (as defined in the clause entitled " Buy American Act");and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States.
ERCluoEo ENo pacoucis CovNtav OF cnio,N -
becasd Fcrm 13 Page 2 IPt.V. 3 77) l
Page 3
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L C1.2AN AIR AND WAT2n (ApplicaWe if the bid or orfer exceeas ::C7C00,or the contrac ing officer has determined tr:at orcers under an indefinite quantity.:cntract in any year wiil excera SICO,0CO, or a facility to ce used has been it,e subject of a conviction under the C;aan Air Act (42 u.s.:. ?157c-3(c){:))or tne federal water Pollution Control Act (32 U.S.C.1319fc)) and is listed by EPA, or is not otnernse exemot.)
The bidder or affaror certifies as fonows:
{a) Any fac lit'/ to be utilized in Ine cer ormance of this proposed contract C has, C has not, been listed on the Environmental
?rctection Agency List of Violating Faciiities.
(b) He will promptly notify tne centracting officer, prior to award,of the receipt of any communication from the Director, Office of Federal Activities, Environmental Protection Agency, incicating that any facility whicn he proposes to use for the performance of the contract is under consideration to be listed on the EPA list of Violating Facilities.
(c) He will include sucstantially this certification, including this paragrapn (c), in every nonexempt suocontract.
3.
CERTICICATION OF INDEPENDENT PRICE DETERM! NATION (See par.18 on SF 33 A) la) By suomission of this offer, the offeror certifies, and in the case of a joint offer, eacn party thereto certifies as to its own crqanization, that in connection with this procurement:
(1) The prices ir, this offer have been arrived at indepencently, witnout consultation, communication, or agreement, for the purpose of restricting competition. as to any matter relating to sucn prices with any otner offeror or with any competitor; (2) Unless otherwise required by law, the prices wnicn have been Quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly ce disctosed oy the offeror orier to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any comoetitor; and (3) No attempt has been made or will be mace by tne offeror to induce any otner cerson or firm to submit or not to submit an offer for that purpos's of restricting competition.
(b) Eacn person signing tnis offer certifies that:
(1) He is the person in the orferor's organization resconsible within that organization fcr the decision as to the prices being
- fertd herein and that he has not carticipated, and will not participate, in any action contrary to (a)(1) througn (a)(3), above;or
!2) (i) He is not tne person in the offeror's orgartiz: ion responsible within tnat organization for tne decis.on as to tne prices caing off ered herein cut tnat he nas been authorizec in writing to act as-agent for tne :ersons responsible for sucn decision in certifying th&t suen persons have not partic: pated and will not par *1c:pate, in any action contrary to (a (1) througn (a)(3) above, and as their agent does n
hereby so cartify; and (ii) he has not participated, and will not par:icipate,in any action contrary to (a)(1) througn fa)(3) above.
s.
CERT 1F; CAT:CN CF NCNSEGREG.\\TED F.tC;UTIES (Aoplicacie to (il contracts, (2) subcontracts. and (3) agreements,vith
.:ccucants wno ne themsehes cerrorm>ng fecerally assisted construction contracts, exceeding $10.CCO which are not exempt from the crowsions of the souat Occorrunirs ciause.1 Sv the submissicn of this bd the a:dcer, offeror, acolicant, or subcontractor certifies that he does not maintain or provide for his
)
amployees any segregated facilities at cny of nis establishments, and that he does not permit his employees to perform their services at any
'acation under h.s centrol, where segrecated fccdities are traintainec. He certifies further that he will rot maintain or provide for w, employ.
ees any segregated facilities at any of n.s estcolishments, and that he will not permit his employees to perform their services at any location, onder his control, where segregated facuities are maintained. The cidder, offeror, applicant, or subcontractor agrees that a breach of this cer-tification is a violation of the Ecust Coportunity clause in this contract. As used in this certification. the term segregated facdities" means any wJit.ng rooms, work areas, rest rooms and wasn rooms, restaurants and other eating areas, t!me Clocks, locker rooms and otherstorage or dressing :reas, parking lots, drink:ng fountains, recreation or entertainment areas, transt.ortation, and housing facilities provided for empiosees wntch are tegregatec by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has cotained identical certifications from proposed subcontractors for specific time perioos) he will obtain identical certifications from proposed subcontractors prior to the award of l
subcontracts exceeding S10,000 whien are not exempt from the provisions of the Equal Opoortunity clause; that he will retain such cartific2tions in his files; and that he will forward the following notice to such proposed subcontractors (3xcept where the proposed saccontractors have submitted identical certifications for specific time pericas):
Notice to prospective subcontractors of requirement for certifications of nonsegregated facilities.
A Certification of Nonsegregated Fac:lities must be submitted prior to the award of a subcontract exceeding $10,000 which is not j
exemot from the provisions of the Ecual Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarteily, semiannually, or annually). NOTE; The penalty for making fa/se offers is prescribed in 18 U.S.C. 1001.
AvestveNT r,o OArE AMWevENT.No CAM ACXNOWLEDGMENT OF AMENOMENTS j
The offerer acknowledges receipt of arnend.
monts to the Solicitation for offers and related documents numbered and dated as follows:
NO TE: Otters must set forth ruit, accurate and complete information as required by ttus Sot: citation (including attachments). The penalty for making false statements in offers is prestnbed in 18 U.S. C.1001.
Stancard Form 33 hge a tREV a47) a m
SCHEDULE. Contsna rtion iYguv4
$UPPliES SEAvtCES CUANiif y UNif UNif PR'CE AMOUNT 1.
All Subscriptions Approxima':ely 900 ea 2.
Service Charge-Management fee. Expressed as a percent of the subscription fee TOTAL BID Total bid will be calculated against known subscription requirements. All reporting requirements will be incorporated into the pricing by including it in the service fee.
Note:
The contractor shall acquire and provi de all subscriptions as required by the NRC, as well as the other required services, as detailed in Article I of this contract. This contract is a requireme 1ts-type,
fixed price effort with the charges for subscri ation dependent on that charged by the publishers of the subscription and a fixed service charge or mana gement fee For purposes of exercising any option to extend the term of the contract (see Article XII) the service :harge bid for the first or basic year shall remain fi <ed j
during the life of the contract including any o ation extensions, no greater than 36 consecutive mont as.
4 11 this Schedule is Continued on SF 36, check here>
Stancard Form 33 page 4 tos.y 3-74
IFB RS-ADM-80-669 Page 4 Representations, Certifications, and Acknowledgemer,ts Continued From SF 33 5.
WOMAN-0WNED BUSINESS Concern is (
) is not (
) a woman-owned business. The business is publicly owned, a joint stock association, or a business trust
(
) yes (
) no. The business is (
) certified (
) not certified.
A woman-cwned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operated is defined as actively involved in the day-to-day management.
For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted.
Exempted businesses may voluntarily represent that they are, or are not, woman-owned if this information is available.
6.
PERCENT OF FOREIGN CONTENT The bidder / contractor will represent (as an estimate), immediately after the award of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent isacceptable).
7.
NON-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001)
The bidder hereby certifies as follows:
(
)
(a)
In the performance of Federal Contracts, he and his subcontractors shall not in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational retirement plan, or statutory requirement, and
(
)
(b) That contractors and subcontrac^
's, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts a maximum age limit for such emp'oyment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan, or statutory requirement.
-e,
IFB RS-ADM-80-669 Page 5 8.
UTILIZATION OF MINORITY BUSINESS ENTERPRISES (1-1.1310-2)
~
a.
The Utilization of Minority Business Enterprises clause shall be included in all contracts in amounts which may exceed
$10,000 except (1) contracts which, including all subcontracts thereof, are to be performed entirely outside the United States, its possessions, and Puerto Rico, and (2) contracts for services which are personal in nature.
1.
It is the policy of the Government that minority business enterprises shall have the maximum practicable oppo-tunity to participate in the performance of Government Contracts.
2.
The Contractor agrees to use his best effort to carry out this policy in the award of his subcontracts to the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term " minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, in case of publicly owned businesses, at least 51 percent of the stock i
of which is owned by minority group members.
For the purposes of this definition, minority group members are Negroes, Spa?ish-speaking American persons, American-Orientals, American-Indians, American-Eskimos and American Aleuts.
Contractors may rely on written representations by subcon-tractors regarding their status as minority business enter-prises in lieu of an independent investigation.
9.
UTILIZATION OF SMALL BUSINESS CONCERNS (1-1.710-3) a.
The Utilization of Small Business Concerns clause shall be included in all contracts in amounts which may exceed $10,000 except (1) contracts which, including all subcontracts there-under, are performed entirely outside the United States, its possessions, and Puerto Rico, and (2) contracts for services which are personal in nature.
l.
It is the policy of the Government as declared by the Congress that a fair proportion of the purchases and contracts for supplies and services for the Government be placed with Small Business Concerns.
2.
The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor finds to be consistent with the efficient performance of this contract.
i
es
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IFB RS-Ant:-80-669 Page 6
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- 10. MAILING ADDRESS FOR PAYMENT
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Bidder shall indicate below the address to which payment should be mailed, if such address is different from that shown for the bidder /
contractor.
Office Street City State Zip Coce
- 11. CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:
The award to of a contract or the modification of an existing contract does (
) or does not (
)
involve situations or relationships of the type set forth in 41 CFR paragraph 20-1.5403(b)(1).
If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the bidder shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the Contracting Officer.
If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken:
(i) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the bidder, or (iii) determine that it is othenvise in the best interest of the United States to seek award of the contract under the waiver provisions of subpart 20-1.5411.
The refusal to provide the representation required by subpart 20-1.5404(b) or upon request of the Contracting Officer the facts required by subpart 20-1.5404(c), shall result in disqualification of the bidder for award.
The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the bidder for awards; or if such nondisclosure or misrepresentation is discovered after award, the re-sulting contract may be terminated. The bidder may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
1 IFB RS-ADM-80-662 Page 7
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The bidder's failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor informality, and the bidder will be permitted to correct the omission.
Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-1.5404-1) prohibiting contractors from engaging in relationships which may give rise to an actual or apparent conflict of interest. NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included as Attachment 3.
12.
PLACE OF PERFORMANCE The Government reserves the right.to cLnduct pre-award on-site surveys of the bidder's facilities ;nd equipment. To facilitate such a survey, the bidder shall state below the place (including the street address) where the services will be performed:
Street City, State and Zip END OF PART I
IFS RS-ADM-80-669 COUCITATCN INSTRUCTCNS AND CONElt0hSO
- 7. l. ATE BIDS, MODIFICATIONS OF BIOS, OR WITHDRAWAL OF
- 1. DEFINITIONS.
3tDS.
As used herein:
(a) The term " solicitation" means Invitation for Bids (IF3) where (a) Any bid received at the osce designated in the solicitation afte,r the procurement is advertised, and Req sest for Proposal (RFP) where the exact time specified for receipt will not be considered unless it as the procurement is necotiated.
received before award is made and either:
(b). The term "oder*' means bid where the procurement is adver.
(!) It was sent by registered or certified mail not later than the,
tised, and proposal wnere the procurement is negotaated.
fifth calendar day prior to the date specified,for the, receipt of bids (c) For purposes of this solicitation and Block 2 of Standard Form (e-5., a bid subrmtted m response to a solicitation requirmg receipt of 33, the term " advertised" includes Small Business Restricted Adver-bids by the 20th of the month must have been mailed by the 15th or -
tismg and other types of restricted advertising.
earlier; ; or (2) It was sent by mail (or telegram if authorized) and it is
- 2. PREPARATION OF OFFERS.
determined by the Government that the late receipt was due solely to (a) Offerors are expected to examine the drawinits, specifications.
mishandling by the Government after receipt at the Government Schedule, and all instructions. Failure to do so will be at orferor's installation.
(b) Any modincation or withdrawal of a bid is subject to the same risi.(b) Each offeror shall fumish the informatio a required by the conditions as in (a), above. A bid may also be withdrawn in person solicitation. The orferor shall sign the solicitation and pnnt or type by a bidder or his authorized represent.tive, provided his identity as his name on the Scheduie and each Continuation Sheet thereof on made known and he signs a receipt for the bid, but only if the with-which he makes an entry. Erasures or other changes must be initialed drawai is made prior to the exact time set for receipt of bids.
by the person signing the oder. Oders signed by an agent are to be (c) The only acceptable evidence to establish:
accompanied by evidence of his authorrtv unless such evidence has (I ) The date of mailing of a late bid, modification, or withdrawal postmark on both the envelope or wrapper and on the on sent either by registered or certified mail is the U.S. P been previously furnished to the issuing o$ce.
ginal receipt (c) Unit price for each unit odered shall be shown and such price As" Mclude packing unless otherwise specified. A total shall be entered frem the U.S. Postal Service. If neither postmark shows a legible date, u the Amount column of the Schedule for each item odered. In case the bid, modification, or withdrawal shall be deemed to nave been of discrepancy between a unit price and extended price, the unit price rn, ailed late. !The term " postmark" means a printed, stamped, or other.
will be presumed to be correct, subject, however, to correction to the wue placed impression (exclusave of a postage mete,r machine impres-same extent and in the same manner as any other mistake.
sion) that is readily identifiable without further action as having been (d) Offers for supplies or services other than those specified will not supplied and atYixed on the date of mailing by employees of the U.S.
be considered unless authorized bv the solicitation.
Postal Service. Therefore, orferors could request the postal clerk to (e) OtTeror must state a defin'ite time for delivery of supplies or place a hand cancellation bull's.e3e " postmark" on both the receipt for performance of services unless otherwise specified in the solicitation.
and the envelope or wrapper.)
(f) Time, if stated as a number of days. will include Saturdays, (2) The time of receipt at the Government installation is the Sundays and holidays.
time-date stamp of such installation on the bid wrapper or other (g) Code boxes are for Government use only, documentary evidence of receipt maintained by the installation.
(d) Notwithstanding (a) and (b) of this provision, a late modifi.
- 3. EXPLANATION TO OFFERORS. Any explanation desired ty an cation of an otherwise successful bid which makes its terms more oderer regarding the meaning or interpretation of the so icitation.
favorable to'the Government will be considered at any time it is re-l drawings, specifications, etc., must be requested in writing and with ceived and may be accepted.
sumcient time allowed for a reply to reach offerors before the rub-Note: The term " telegram" includes mailerams.
mission ~of their otters. Oral explanations or instructions given before the award of the contract will not be binding. Arr/ information given
- 3. LATE PROPOSALS. MODIFICATIONS OF PROPOSALS, AND WITHDRAWALS OF PROPOSALS.
to a prospective otYeror concerning a solicitation will be furnished to all prospective etTerors as an amendment of the solicitation, if such (a) Any proposal received at the o5ce designated in the solicita-information is necessary to oderors in submitting orTers on the solicita-tion after the exact time specified for receipt will not be considered tion or if the lack of such information would be prejudicial to un.
unless it is received before aware 8 is made, and:
informed offerors.
(1) It was sent by registered or certified mail not later than the
- * * 'E'
- 4. ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS.
an _er submitted in response to a sohcatation requirmg receipt of' Receipt of an amendment to a solicitation by an offeror must be oders by the 20th of the month must have been mailed by the 15th or acknowledged (a) by signing and returning the amendment, (b) on earlier);
page three of Standard Form 33, or (c) by letter or telegram. Such (2) It was sent by mail (or tslegram if authorized) and it is acknowledgment must be received prior to the hour and date specified determined by the Government that the late receipt was due solely for receipt of oders.
to mishandling by the Government after receipt at the Government installation; or
- 5. SUBMISSION OF OFFERS.
(3) It is the only proposal received.
(a) Offers and modifications thereof shall be enclosed in scaled (b) Any modification of a proposal, except a modification resulting 1
envelopes and addressed to the office specified in the solicitation. The from the Contracting Officer's request for "best and final" offer,is sub-offeror shall show the hour and date specified in the solicitation for ject to the same conditions as in (a)(1) and (a)(2) of this provision.
receipt, the solicitation tumber, and the name and addren of the (c) A modification resulting from the Contracting Officer s request offeror on the face of the envelope.
for "best and final" orTer received after tt e time and date specified in (b) Teleeraphic offers will not be considered unless authorized by the request will not be considered unless received before award and the solicitation; however, offers may be modified or withdrawn by the late receipt is due solely to mishandling tv the Government after written or telegraphic notice, provided such notice is received prior to receipt at the Government installation.
the hour and date specified for receipt. (However, see paragraphs 7 (d) The only acceptable evidence to establish:
and 8.)
(1) The date of mailing of a late proposal or modification sent
, (c) Samples of items, when required, must be submitted within the either by registered or certified mail is the U.S. Postal Service post-time specified, and unless otherwise specified by the Government, at mark on both the envelope or wrapper and on the original receipt from no expense to the Government. If not destroyed by testing, samples the U.S. Postal Service. If neither postmark shows a legible date, the will be returned at otTeror's request and expense, unless otherwise proposal or modi 6 cation shall be deemed tu have been mailed late.
, The term " postmark" means a printed, stamped, or otherwise, placed
(
specified by the solicitation.
i impression (exclusive of a postage meter machine impression) that is
- 6. FAILURE TO SUBMIT OFFER. If no offer,s to be submitted, do readily identifiable without further action as having been supplied and card shall be sent to the,unless otherwise spectfied. A letter or post.
affixed on the date of mailing by employees of the U.S. Postal Service.
not return the schcitation issuing office, advising whether future sohc-Therefore, otTerors should request the postal clerk to place a hand itations for the type of supphes or services covered by this sohe,itation cancellation bull's. eye " postmark" on botn the receipt and the envelope are desired. Failure of the recipient to offer, or to notify the issuing or wrapper.)
cifice that future sohcitations are desired, may result in removal,of (2) Die time of receipt at the Government installation is the the name of such recipient from the mailing list for the type of supphes time-date stamp of such installation on the proposal wrapper or other or services covered by the solicitation.
documentary evidence of receipt maintained by the installation.
33 STANDARD FORs4 33-A (Rev.1-73)
Presenbed by CSA, FPR (41 CFR) 1-16.101 l
- - -v
s (a) Netwithstanding (a), (b), and (ch of thb rrovi* ion, a lite 35-45), tha Contract Work Hours standaros Act a 40 U.S.C. 327-330),
modi 6 cation of an otherwise successful proposal which mtkes its terms and the Service Contract Act of 1065 ; +1 U.S.C. 331457) may 1:e
.nore favoraole t3 tn2 Gove-nment viii 'ce considered at any tirne it is cbtained from tne Dep.trtawnt of Labor. Washincton, D.C. 20210, nr received and may be accepted.
from any regional office of th2t agency. Requests forinformation should (f) Proposals may be withdrawn hv written or telegraphic notice include the soineitation r.umner, the nrme and address of the issuing received at any c:me criar to award. Proposals may be witndrawn in agency, and a description or the aupplies or services.
Firson bv an orferor or his authon7ed representative, provided his
~
.dentity is made known and he signs a receipt for the proposal prior
- 13. SELLER'S INYOICES. Invoices snail be prepared and submitted ta awtrd.
In quadn plicate (one copy shall be marked " original") unless other-Note: The term "telegt.,:n'* includes mailrrama.
wise speci5ed. Invoices shall centain the following information: Con-
~
Note: The aiternate late orooosais, mooifications of prooosals and tract and order number (if any), item numbers, description of supplies withdrawals of proposals provision presenbed by 41 CFR l-3.302-2(b) or services. sues, quantities unit prices, and extended totals. Sill of
- hall be wed in lieu of provision 3, if specided by the contract.
lading number and weizht of shipment will be shown for shipments
- d' A DISCOUNTS.
(a) Notwithstanding the fact that a blank is provided for a ten (10)
- 14. SMAl.L BUSINESS CCNCERN. A small business concern for the day discount. prompt pavment discounts odered for payment within purpose of Government procurement is a concern, including its affili-less then tnenty (20) calendar days will not be considered in evalu-ates, which is independently owned and operated, is not dominant in sting orfers for award, unleu otherwise specified in the solicitation.
the field of operation in which it is submittmg oders on Government However, orfereo discounts of less than 20 days will be taken if pay-contracts, and can further qualify under the criteria concerning num-ment is made within the discount penod, even though not considered ber of employees, average annual receipts, or other criteria, as pre-in the evaluation of offers.
scribed by the Small Business Administration. (See Code of Federal (b) In connection with any discount odered, time will be computed Regulations, Title 13, Part 121, as amended, which contains detailed from date of delivery of the supplies to carrier when delivery and industry definitions and related procedures.)
acceptince are at pomt of origin, or from date of delivery at desti-nati:n or port of embarkation when delivery and acceptance are at
- 15. CONTINGENT FEE. If the oderor, by checking the appropriate eith1r of those points, or from the date correct invoice or voucher is box provided therefor, has represented that he has employed or retained wecived in the otSce specified by the Government, if the latter date a company or person (other than a full. time bona fide employee work-is later than date of delivery. Payment is deemed to be made for the ing solely for the orferor) to solicit or secure this contract, or that he purpose of earning the discount on the date of mailing of the Govern-has paid or agreed to pay any fee, commission. percentage, or brokeage ment check.
fee to any company or person contingent upon or resultmg trom the award of this contract, he shall furnish,in duplicate, a complete Stand.
- 10. a, WARD CF CONTRACT.
ard Form 119, Contractor's Statement of Contingent or Other Fees. If (a) The contract will be awarded to that terponsible orTeror whose oderer has previcusly furnished a completed Standard Form t19 to the orfer conforming to the solicitation will be most advantageous to the edice issuing this solicitation, he may accompany his orfer with a signed Government, price and other factors considered.
statement (a) indicating when such compicted form was previously (b) The Government reserves the right to reject any or all oders furnished, (b) identifying by number the previous solicitation or con.
c.nd to vaive informalities and minor irregularities in oders received.
tract, if any, in connection with which such form was submitted, and (c) The Government may accent any item or group of items of any (c) representing that the statement in such form is appiicable to this oder, uniess the orTeror qualifies his orfer by soecific limitations. UN.
oder.
LESS OTHERWISE PROVIDED IN THE SCHEDULE, OFFERS MAY BE SL'BMITTED FOR ANY QUANTITIES LESS THAN
- 16. PAREllT COMPANY. A parent company for the purpose of this T!!OSE SPECIFIED: AND THE GOVERNMENT RESERVES oder is a company which either owns or controls the activities and basic THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A business policies of the orTeror. To own another comoany means the QUANTITY LESS THAN THE QUANTITY OFFERED AT THE parent cornpany must own at least a majority (more than 50 percent)
~
LNIT PRICES OFFERED UNLESS THE OFFIROR SPECIFIES of the voting rights in that company. To control another company, such OTHERWISE IN HIS OFFER.
ownership is not required; if another company is able to fermulate, (d) A written award (or Acceptance of Offer) mailed (or ot'her-determine, or veto basic business policy decisions of the oderor, tuch wise furm,shed) to the successful offeror within th,e time for acceptance other company is considered the parent company of the oderore This
- pecified in tSe oder sha!! be deemed to result m a binding contract control may be exerried through the use of dominant minority voting e) tfi gh (h) apply only to negotiated rights, use of proxy voting, contractual arrangements, or otnerwise.
e follo ing a grap s sciicitations-adver ised solicitations.) The oderor s NUMBER. (Applicable only to
- 17. UAPLOY,ER'S IDENTIFICATION (e) The ' Government may accept within the time specified therein, nall insert in the applicable space any offer (or part thereof, as providd in (c) above), whether or not there are negotiations subsequent to its receipt, unless the offer is with.
on the offer form, if he has no parent company, his own Emoloyer's drawn by written notice received by the Government prior to award.
Identincation Number (E..I. No.) (Federal Social Security Number If subsequent negotiations are conducted, they shall not constitute a used on Employer's Quarterly Federal Tax Return, U.S..reasury rejection or counter offer on the part of the Government.
Department Form 941), or,if he has a parent company, the Employer's (f) The right is reserved to accept other than the lowest oder and Identification Number of his parent company.
to reject any or all cars.
(g) The Gosernmen- -
-- a e ntract, based on initial offers
- 18. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION.
received. without discuss %.
. cn otters. Accordingly, each initial (a) This certification on the oder form is not applicable to a foreign u
crfer should be submitted a the most favorable terms from a price offeror submitting an oder for a contract which requires performance and technical standpois shich the offeror can submit to the Govern-or delivery outside the United States,its possessions, and Puerto Rico.
men t.
(b) An offer will not be considered for award where (a)(I), (a)(3),
(h) Any financial data submitted with any orTer hereunder or any or (b) of the certi6 cation has been deleted or modi 6ed. Where (a)(2) representation concerning facilities or financing will not fonn a part of the certification has been deleted or modified, the offer will not be of any resulting contract: provided, however, that if the resulting con
- considered for award unless the orferor furnisher with the offer a signed tract contains a clause providmg for price reduction for defective cost statement which sets forth in detail the circumstances of the disclosure or pricing data, the contract price will be subject to reduction if cost and the head of the agency, or his designee, determines that stah dis, or pricing data furni.ied hereunder is incomplete, inaccurate, or not closure was not rode fee the purpose of restricting competition.
current.
- 11. GOVERNMENT FURNISHED PROPERTY. No material, labor, or
- 19. ORDER,OF PRECEDENCE. In the event of an inconsistency be-facilities will be furnished by the Government unless otherwise pro.
tween provisions of this solicitation, the inconsistency shall be resolved vided for in the soincitation.
by giving precedence in the following order: (a) the Schedule; (b)
Solicitation Instructions and Condidons; (c) General Provisions; (d)
- 12. LABOR INFORMATION. General information regarding the re-other provisions of the contract, whether incorporated by reference or quirements of the Walsh-Healey Public Contracts Act (41 U.S.C.
otherwise; and (e) the specifications.
STANDARD FORM 33-A Beck (Rev.1-7M c u. s, o..
.. e pr.mene omse ists-ast.44b4es s e
mm, MMH MMW '
M SH 1
~ _ _ _. _
TFB RS-ADM-80-669 Page 9 PART II (Continued)
~
B.
NOTICES TO BIDDERS 1.
Notice of Recuirement to Certify Nonsecrecated Facilities Bidders are cautioned as follows: By signing this offer, the bidder will be deemed to have signed and agreed to the provisions of the
" Certification of Nonsegregated Facilities" contained on page 6 of this solicitation.
Failure of the bidder to agree to the certi-fication of nonsegregated facilities may cause his bid to be re-jected as nonresponsive.
Moreover, each sheet for which the offeror desires to restrict disclosure shall be marked with the following legend:
"Use of disclosure of proposal data is subject to the restriction on the title page of this proposal.
I claim that information contained herein is proprietary and shall not be disclosed by the NRC in accordance with Exemption 4 of the Freedom cf Information Act."
2.
Bid Identification Mailing envelopes shall be marked with the IFB number as specified on Page 1, Block #2 of this solicitation. The IFB number should also be referenced in your cover letter and on each page of your bid.
3.
Period of Performance The work required hereunder shall be completed within one (1) calendar year following the effective date of the contract.
4.
Cost of Bid Preparation This solicitation does not commit the Government to pay any costs incurred it the preparation of bids or for any studies or analyses that may be conducted in the preparation thereof; nor is the Government committed to procure or contract for the articles or services t'escribed under Part III of this solicitation.
It is ai;o brought to your attention that the Centracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed procurement.
5.
Other Contractual Commitments The bidder shall list any commitments with other agencies, governmental or private, and indicate whether these commitments will or will not interfere with the completion of work and ser-vices contemplated under this solicitation.
IFB RS-ADM-80-669 Page 10 6.
Award Notification
~
All bidders will be notified of their final selection or nonselection as soon as possible following the completion of the formal NRC bid opening and subsequent detailed examination ob bids and conduct of responsibility checks.
Formal notification of nonselection to unsuccessful bidders will be made following contract award to the successful bidder.
7.
Type of Contract and General Provisions It is contemplated that a fixed price requirements type contract will be awarded.
In addition to the special provisions of this Invitation For Bid, any resultant contract shall include the general provisions applicable to the selected bidder's organization and to the typa contract awarded. Any additional clauses in effect at the time of execution of the resultant contract are hereby included by reference.
8.
Bid Evaluation A.
Bids in response to this Invitation for Bids shall set forth full accurate and ccmplete information as reouired herein.
The penalty for making false statements in bids is prescribed in 18 U.S.C.1001.
B.
Bids will b~e evaluated for purposes of award by first ascertaining the sum of the proposed total amounts for each of the two line items contained on Page 4 of this solicitation.
To this " Total Bid Amount" will be applied any applicable consideration for discounts offered in Block #16 on Page 1 of this IFB.
(See Part II, A, " Solicitation Instructions and Conditions," " Discounts.") This will constitute the bidder's " final bid amount."
C.
Any bid which is matt-ially unbalanced as to prices for the separate items specified on Page 4 of this IFB may be rejected as nonresponsive. Such an unbalanced bid is defined as one which is based on prices which, in the opinion of hRC, are sigaificantly less than cost for come work and/or pri:Ts that may be significantly overstated for other work.
IFB R3-ADM-80-669 Page 11 D.
Award will be made to that responsive, responsible bidder within the meaning of Federal Drocurement Regulations 1-1.12 whose total bid amount, as set forth by the bidder in the appropriate blank of Page 4 of this IFB, after NRC consi-deration of any applicable discount, constitutes the lowest overall evaluated final contract price to the Government based upon the requirements as set forth in the schedule.
E.
Notwithstanding Part II, A, Paragraph 10, Award of Contract, the award of any contract resulting from this solicitation will be made on an "all or none" basis. Thus, bids sub-mitted on fewer than each of the two items listed on Page 4 of this IFB, or on fewer than the estimated quantity of lines for one or more of the items will cause the bid to be rejected as nonresponsive.
F.
Separate charges, in any form, are not solicited. Bids containing such charges for discontinuance, termination, failure to exercise an option, or for any other purpose will causa the bid to be rejected as nonresponsive.
9.
Nondiscrimilation Because of Ace (FPR l-12.1001)
It is the policy of the Executive Branch of the Government that (a) Contractors and Subcontractors engaged in the performance of Federal contracts shall not, in connection with the employ-ment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or. statutory requirement, and (b) that Contractors and Subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.
10.
Listing of Employment Openings (FPR l-12.1102-2)
Bidders and offerors should note that this solicitation includes a provision requiring the listing of employment openings with the local office of the Federal-State employment service system where a contract award is for $2,500 or more.
11.
Commitment of Public Funds The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this procurement. Any other commitment, either explicit or implied, is invalid.
..g
2 ITB RS-ADM-80-669 Page 12
- 12. Minimum Bid Acceotance Period Bids offering fewer than sixty (60) days for acceptance by the Government from the date set for cpening will be rejected as nonresponsive.
- 13. 2,idder Oualifications and Past Experience In order to be considered qualified for performance under any cor tract to result herefrom, the bidder shall have been involved in providing the same or substantially similar c' vices to those required herein.
The bidder shall substantiate such experience in his bid.
In addition, the bidder shali list below at least four (4) previous or current contracts for the.3me or substantially similar services:
(1) Contract No.:
Name and address of Government Agency or Commercial Entity:
Point of Contact and Telephone Number:
(2) Contract No.:
Name and address of Government Agency or Commercial Entity:
Point of Contact and Telephone Number:
(3) Contract No.:
Name and address of eovernment Agency or
,or.ercial Entity:
= :--
a :.:. -... - z -.:
Page 13 (3) Point of Contact.and Telepnone Number:
(4) Contract No.:
Name and Address of Government Agency or Commercial Entity:
Point of Contact and Telephone Number:
- Additional information will be supplied to Centracting Officer upon request.
- 14. Availability of Funds (1962 SEP)
Funds are not presently available for this procurement. The Government's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the Government for payment of any money shall arise unless and until funds are made available to the Contracting Officer for this procurement and notice of such availability, to be confirmed in writing by the Contracting Officer, is given to the Contractor.
- 15. Utilization of Small Business Concerns and Small Business Concerns Owned anc Controlled By Socially and Economically Disadvantaaed Individuals (a)
It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of contracts let by any Federal agency.
(b) The contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with the efficient performance of this contract. The contractor further agrees to cooperate in any studies or surveys that may be conducted by the Small Business Administration or the con-tracting agency which may be necessary to determine the extent of the contractor's compliance with this clause.
(c) (1)
The term "small business concern" shall mean a small business as defined pursuant to Section 3 of the Small Business Act and in relevant regulations promulgated pursuant thereto.
m
ZFB RS-ADM-80-669 4
Page 14 (2) The term "small business concern owned a nd contralled by socially and economically disadvantaged inlividuals" i
snall mean a small business concern (i) which is at least 51 per centum ownod by one or more socially and economically disadvantaged indivi-duals; or in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (ii) whose management and daily business operations are controlled by one or more of such individuals.
The Contractor shall presume tha' socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, and other minorities, or any other individual found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act.
(d) Contractors acting in good faith may rely on written representations by their subcontractors as either a small business concern or a small business concern owned and con-trolled by socially and economically disadvantaged individuals.
- 16. Size Standard and Pro uct Classification It has been determined that the services described herein are classified under the Stindard Industrial Classification Manual as No. 7399 and that the concern's average annual receipts for its preceding three (3) fiscal years must not exceed 52 Million to be classified as a small business concern.
.~_ _
I.
IFB RS-ADM-80-669 Page 1 5 PART III - CONTRACT SCHEDULE ARTICLE I
~
STATEMENT OF WORK A.
Background and General Information The NRC currently subscribes to approxicately nine hundred (900) serial titles ranging from highly technical research journals (e.g. Journal of Nuclear Materials) to popular magazines (e.g. U.S. Mews and World Reoort).
Approximately 76% of these titles are technical hournals and 25% are pop-ular. A large number of the technical journals are of foreign origin which creates a communications problem with the various publishers.
The importance of such serial literature lies in the timeliness of the information, conveying, as it does, the most current ideas and develop-ments in the fields of interest of the NRC.
Since hundreds of different titles and publishers are involved, the services of a qualified subscription agency is necessary to save the NRC a large amount of administrative work and costs which would be incurred by the issuance of hundreds of purchase orders.
In addition, the time required for foreign renewals is substantially reduced through use of a subscription agency.
The specific requirements, performance s,'ecifications, deliveries, and all other pertinent details are contained in the following Sections.
B.
Definitions 1.
Agency Price. The terms " agency price", as used in this contract, means the established publisher rate to the subscription agency and service charge for the subscription delivered to the NRC Library delivery points. The Contractor's overhead, profit, and any other expenses will be included in the service charge.
2.
Subscription. The term " subscription", as used in the contract, means a serial or periodical publication and related services.
It shall also include back issues of serial:, or periodical publications, but not earlier than one year before the current volume. A sub-scription may be for a period of more than 12 months, but shall not extend beyond the end of the calendar year represented by this contract, i.e., December 31, of the fiscal year of the contract, unless it is designated as a multiple year subscription.
3.
C0AR.
See Article IV below.
.mh
IFB RS-ADM-80-669 Page 16 C.
Reouired Lervices 1.
The contractor shall place new and renewal subscriptions for domestic and foreign periodicals, serials, and other related services at agency price and guarantee delivery of all issues on each subscription.
Publisher permitting, all subscriptions are to be bandled on a January through December calendar year basis, and shall terminate December 31 of the fiscal year of the contract, unless it is designated as a multiple year subscription 2.
The Contractor shall place all orders at the " agency price" with publishers within five (5) working days after receipt of the order by Contractor.
In those cases where followup is required by Contractor before an order can be placed, Contractor is responsible to furnish Library with a monthly report regarding the title status.
In those cases where publications are available through a direct order arrangement only, the Contractor shall so notify the NRC Library through a standardized timely mechanism no later than ten (10) working days after notification of unavailability. The Contractor shall also administer all subscriptions placed until the expiration of the subscription.
All subscriptions ordered for one year except when, publisher permitting, prorated to meet a common expiration date.
Multiple year subscriptions to be ordered upon direction from the Contracting Officer's Technical Representative (C0TR).
3.
The Contractor shall be able to pay all orders in advance. The successful vendor / offeror shall have an established professional reputation and a large body of satisfied customers for its ser-vices, particularly among Government libraries.
The Contractor shall have the ability to make additional payments as necessary to adjust for unforeseen contingencies such as currency fluctuations, additional volumes, etc.
4.
Day-to-day Subscription Services a.
New Subscriptions b.
Late Renewals c.
Back Issues d.
Additional copies eN NW
1FB RS-ADM-80-669 Page 17 Day-to-day subscription services relate to items sent to the NRC Library by authorized persons throughout the year which are ordered on standardized order forms. The COAR will forward to the Con-tractor orders for subscriptions.
These requirements will be placed by the Contractor with the publisher for the subscription period indicated. One copy of each order will be forwarded to the Contractor, edited as follows:
1.
Title and address of " Bill to" and " Ship to" address 2.
Account number chargeable 3.
Contract number and order number.
4.
Title 5.
Quantity 6.
Volume 7.
Subscription period.
8.
"New", " Renewal", "Back Issue", or " Additional Copy" information as appropriate.
9.
Publisher Within ten days after placing the order with the publisher, Contractor will forward to the NRC Office of the Controller four (4) copies of each invoice (separate invoice fc" each
" ship to" address) confirming that the order billed thereon was entered with the publisher at the current rate known at that time.
5.
Special Orders Contractor has responsibility to notify subscriber of special issues, supplements, cumulative indexes, etc. not included in the basic subscription price. These items shall be available by subscribers special order under this contract at the publisher's retail price, with no additional charges, except any handling and transportation costs which are charged to the Contractor by the publisher, 6.
Additional Materials i
Title pages, tables of contents, annual or other indexes, etc.
that are normally supplies by the publisher at no added charge to a requesting subscriber, are to be supplied automatically by the Contractor at no additional charge.
Items for which the publisher charges the Contractor shall be handled in accordance with the terms of Article XI, below.
7.
Renewal Subscription Services Renewal Review Listing for Subsequent Calendar Year N
"[se,,
dbWE
--w.
9 IFB RS-ADM-80-669 Page 18 A.
On or before August 15 of each calendar year the Contractor shall supply NRC Library with an annual renewal listing (4 copies).
Any needed additions, deletions, corrections, etc. will be made by the COTR.
B.
The following shall occur in, and only if, the Government elects to exercise the option detailed in Article XII.
The listing will be returned to the Contractor on or before October 15. The Contractor shall place the renewals with the appropriate publishers on or before November 1.
The Subscription Renewal Review Listings shall be on separate pages for each " ship to" address and will alphabetically list all subscriptions titles ordered or on record for that consignee. Renewal Review Listings from Contractor will contain the following information.
1.
Title and address of " Bill to" and " Ship to" address 2.
Account number chargeable 3.
Contract number 4.
Title 5.
Quantity 6.
Volume 7.
Subscription Period 8.
New or Renewal Subscription 9.
Price:
List Price, Service Charge, Adjustments 10.
Frequency 11.
All additional titler. which may not be due for renewal but which are on record for a specific consignee.
On or before November 30, Contractor will forward to the Bill-to-address copies of each invoice (separate invoice for each " Ship to" address) confirming that the orders billed thereon were entered with the publisher and at current rates known at that time.
8.
Data Requirements (a) Subscription Listing Contractor shall provide on demand at no additional charge an l
alphebetical subscription listing of all subscriptions on order or paid through. This listing shall include in addition to title, the consignee, quantity, period covered, and invoice number.
j (b) Ship to List Contractor shall provide on demand at no additional charge a listing of all NRC consignees and their full mailing addresses.
r IFB RS-ADM-80-669 Page 19 (c) Claims Lists Contractors shall supply to C0AR a quarterly listing of all claims made within the previous three months and any responses received from the publishers.
If an additional claim is required for an item appearing on the report, the report itself may be used as a turn around document to return to Contractor.
(d)
Proof of Payment Listing The Contractor shall supply on demand at no additional charge a proof of payment listing which includes: Address of each title, invoices, date " publisher paid, check number, period for. which order was entered, invoice number, page number and line, and frequency.
(e) Slow Publications List Slow publications list of standard services shall be generated monthly by the Contractor and supplied to NRC Library for up-dated title information.
(f)
Claiming The Contractor shall provide a mechanism for NRC Library to notify Contractor as needed to claim specific titles. The Contractor shall provide rush claim services to foreign publishers when necessary.
9.
Special Services (a)
Information Bulletins The Contractor shall proyide at no cost monthly information bulletin containing latest known updating information on subscribed serials ti tles.
(b) Membership Entitlements Contractor shall provide written summary on a monthly basis of all publications and/or mate sal received through memberships, i.e.,
title, frequency, quantity, of each publication and special member-ship benefits. Negative reports are not required.
(c) Contractor shall request sample copies of a serial when requested to do so by NRC Library.
mm--
IFB RS-ADM-80-669 Page 20
- 10. Administrative Services (a) Claims for Missing Issues The Contractor will supply the C0AR with claim forms to be used to follow-up for missing issues. All claims sent to the Contractor will be processed by the Contractor to the publisher within five (5) working days of receipt of the claim by the Contractor. The claim notice sent from Contractor to the publisher shall include the following information:
1.
Title being claimed 2.
Specific issues 3.
Date of Contractor's order to publisher 4.
Order period 5.
Amount of Contractor's check 6.
Check number A listing of claims which have been made shall be furnished as indicated under Paragraph 8(c) above.
(b) Subscription Status Information Contractor shall notify COAR in writing of any subscription which is found to be one of the following: bill later, non-cancellable, discontinued, order direct, not due for renewal at this time, period restricted, establishing contact with publisher, temporarily suspended publication, foreign title, estimated price, price in-creased since last billing published price. This written report is to be. furnished by Contractor within two weeks on his notification by publisher.
(c)
Refunds for Lost Periodicals, Replacements, and Discontinuance of Publication The Contractor will act as the agent of the NRC Library with the publisher in obtaining replacement copies of periodicals found to be defective, mutilated or determined to have been lost in transit.
The Contractor agrees to make a refund in full of all amounts refunded by the publishers as well as Contractors service charge.
In those instances where a refund has been requested due to timely cancellation of subscription, Contractor shall provide written evidence of his attempts to secure the refund for the Government.
(d) Changes of Address Contractor is responsible for notifying publisher when consignee changes of address occur.
=. _ _ -._
IFB RS-ADM-80-669 Page 21
- 11. Bibliographic Verification Contractor will provide bibliographic verification of data not
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available for requestor, such as price, latest edition, etc.
- 12. Rush Orders Rush orders shall be ordered by Contractor at no additional cost.
Specifically, upon receipt of a phone call requesting rush order, Contractor will telephone within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> that order to the publisher.
If publisher will not accept order without payment, Contractor will send out payment within that same 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period.
- 13. Notwithstanding the period of performance, the Contractor shall be responsible for the complete delivery through the period of the subscription, which is normally January 1 through December 31 annually. The Contractor shall ensure delivery from the publisher or receive a refund for those subscriptions which are terminated or discontinued (see paragraph 10(1) above.
- 14. Pricing Adjustments Invoices for subscription price adjustments originated by the publishers shall be submitted in accordance with Article XI, below. N3twithstanding the period of performance of this contract, it is intended that all such pricing adjustments will be handled by the NRC consistent with the subscription year prescribed as January I through December 31.
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1 IFB RS-ACM-80-669 Page 22 ARTICLE II DELIVERY A.
Time of Delivery The following items shall be delivered ir, accordance with the below listed schedule:
Item Quantity Delivery 1.
Subscriptions As required New and renewal subscriptions for domestic and foreign periodicals, serials and other related services shall be delivered regularly in accordance with the subscribed service.
2.
Subscription Listing As required Within 5 days after each COAR request 3.
Ship to List As required Within 5 days after each C0AR request 4.
Claims List As required Within S days following the close of each calendar quarter beginning with the quarter ending December 31 5.
Proof of Payment Listing As required Within 5 days after each C0AR request 6.
Slow Publication List As required Within 5 days following the close of each calendar month beginning with the first month of the contract 7.
Information Bulletin As required Within 5 days following the close of each calendar month beginning with the fiFst month of the contract 8.
Membership Entitlement As required Within 5 days following the close of calendar month beginning with the first month of the contract. Only required if membership entitlements are received during a given month
)
IFB RS,_ADM-80-669 Page~cJ B.
Method of Delivery All items shall be delivered through whatever means the Contractor chooses that assures undamaged receipt by NRC within the time require-ments specified in Paragraph A, above.
C.
Place of Delivery All deliverables except the subscription under this contract shall be submitted to the following address:
U.S. Nuclear Regulatory Commission Library Branch Phillips Building 7920 Norfolk Avenue Bethesda, MD Note:
The U.S. Nuclear Regulatory C,mmission, Library Branch, mailing address is:
U.S. Nuclear Regulatory Commission Library Branch Mail Stop 160 Washington, DC 20555 Note:
All subscription items shall be delivered by the publisher to the address indicated on each agency order.
ARTICLE III PERIOD OF PERFORMANCE The period of performance shall commence on the effective date of this contract and shall not extend beyond one {}) year. This period of performance may be extended as described in Article X ARTICLE IV DESIGNATION OF CONTRACTING OFFICER'S AUTHORIZED REPRESENTATIVE (C.0.A.R.)
A.
Performance of the work under this contract shall be subject to the written technical direction of the Contracting Officer's Authorized Representative (C0AR). The term " technical direct n" is defined to include, without limitation:
1.
Directions to the Contractor which redirect the contr;.. affort, shift work emphasis between work areas or a task, require pursuit
IFB RS-ADM-80-669 Page 24 of certain lines of inquiry, fill in details, or otherwise serve to accomplish the contractual work requirements.
2.
Provision of written information to the Contractor shall assist in the interpretation of drawings, specifications, or technical portions of the work description.
3.
Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.
B.
Technical direction must be within the scope of work stated in the contract. The C0AR does not have the authority, and may not, issue technical direction which:
1.
Constitutes an assignment of additional work outside the scope of the contract.
2.
Constitutes a change as defined in the contract clause entitled
" changes".
3.
In any manner causes an increase or decrease in the total estimated contract cost of the time required for contract performance.
4.
Changes or waives any of the expressed terms, conditions, or specifications of the contract.
5.
Interferes with the Contractor's right to perform the terms and conditions of the contract.
6.
Gives ' supervision to Contractor's employees.
C.
If, in the opinion of the Contractor, any instruction or direction by the C0AR is within one of the categories as defined in Paragraph B, above, the Contractor shall not proceed out shall notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer will do one of the following:
1.
Advise the Contractor that tria technical direction is within the scope of the contract effort and does not constitute a change under the " changes" clause of the contract; i
2.
Inform the Contractor not to perform under the direction and to cancel the direction; or 3.
Initiate a modification to the contract.
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IFB RS-ADM-80-669 Page 25 Failure of the Contractor to notify the Government, in accordance with the above instruction, of COAR directions which it may feel falls within one of the six (6) circumstances described in Paragraph 3, above, shall be deemed by the Government as the Contractor's acceptance of the direction as not failing within one of the specified categories.
Should the Contractor notify the Government of directions which, it feels, falls within one of the above six (6) categories, and the Contractor and Contracting Officer fail to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto, resolution of the matter shall be subject to the provisions of the contract clause entitled " Disputes."
D.
The Contracting Officer will designate a C0AR 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.
ARTICLE V INSPECTION AND ACCEPTANCE A.
Inspection of the services and deliverables called for hereunder shall be performed by the C0AR.
B.
Acceptance of the services and deliverables called for hereunder shall be accomplished by the Contracting Officer, or the C0AR.
ARTICLE VI PRESERVATION / PACKAGING / PACKING All materials delivered under this contract shall be afforded the degree of packaging (preservation and packing) required to prevent deterioration and/or damages due to hazards of shipment, handling, and storage.
Such packaging shall be accomplished in such a manner as to insure safe delivery at destination.
s IFB RS-ADM-80-669 Page 26
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ARTICLE VII SERVICE CONTRACT ACT WAGE DETERMINATION This contract is subject to the U.S. Department of Labor Wage Determination Reg-isters that are hereby incorporated and which are included as Attachment No 4.
hereto. The applicable DOL Wage Determinatior, will be included and numbered as an attachment at the time of award.
ARTICLE VIII PLACE OF PERFORMANCE The work reouired under this contract shall be performed at the Contractor's office facilities.
ARTICLE IX INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS The offeror's representations and certifications submitted in accordance herewith are hereby incorporated by reference.
ARTICLE X SUBCONTRACTS FOR WORK OR SERVICES No contract shall be made by the Contractor with any other party for furnishing any of the werk or services required herein without the prior written approval of the Contracting Officer.
This provision shall not be construed, however, as requiring the prior approval of contracts of employment between the Contractor and personnel assigned by the Contractor to provide services hereunder.
ARTICLE XI BILLING INSTRUCTIONS A.
Form.
Invoices shall be submitted in an original and four (4) copies on the Contractor's letterhead, invoice, or on the Government's Standard
.ee.
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e IFB RS-ADM-80-669 Page 27
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Form 1034, "Public Voucher for Purchases and Services Other Than Personal" and Continuation Form 1035. These forms are available from the U.S. Government Printing Officer, 710 North Capitol Street, N.W., Washington, DC 20801.
B.
Destination.
Invoices sr.all be submitted in the form and number prescribed above in Paragraph A to the following address:
U.S. Nuclear Regulatory Commission Division of Accounting; Office of the Controller Attn: GOV /COM Accounts Section Washington, DC 20555 C.
Frequency.
The Contractor shall submit invoices as frequently as once each month, if desired, unless more frequent billing is authorized by the Contracting Officer.
D.
Content 1.
Name and address to which payment is to be sent 2.
Voucher No.
3.
Date of Voucher 4.
Contract number and date 5.
Designation of transcript number for which payment is requested, number of lines, cost per line, and total. This should be repeated for each transcript for which the Contractor is invoicing. Grand total invoice amount.
6.
Indicate period covered by invoice.
7.
Final invoice under contract marked: " Contract No.
Final Invoice."
ARTICLE XII OPTION TO EXTEND THE TERM 0F THE CONTRACT This contract is renewable, at the service charge awarded, at the option of the Government, by the Contracting Officer giving written notice of renewal to the Contractor by October 1st of each year, or within 30 days after funds for the fiscal year become available, whichever date may be the later; pro-vided that the Contracting Officer shall have given preliminary notice of the Government's intention to renew at least 30 days before this contract is to expire. Such a preliminary notice shall not be deemed to commit the Govern-ment to renewals.
If the Government exercises this option for renewal, the contract as renewed shall be deemed to' include this option provision. However, the total duration of this contract, including the exercise of any options ur. der this clause, shall not exceed 36 months from the contract award date.
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1FB RS-ADM-80-669 Page 28 of the necessary funds to the Nuclear Regulatory Commiss arise unless and until such appropriation shall have bee No legal ARTICLE XIII NOTICE TO THE GOVERNMENT OF DELAYS In the event the Contractor encounters difficulty in meeting performance delivery schedule or date, or whenever the Contracto actual or potential situation' is delaying, or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer, and the Contracting Officer's Technical Representative in writing, giving pertinent details; provided, however, that this date be informational only in character and that this provision shall not be construed as a waiver by the Governmenc of any delay schedule, or date of any rights, or remedies provided by law, or under this contract.
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Conaisting of Pages 1 through 2 GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT TABLE OF CONTENTS Standr.rd Form 32, General Provisions (Supply Contract) Containing the following itste I Articles on pages 1 through 5 of the form plus additional Articles on nage. 6 through 20 attached thereto.
PAGE TITLE ARTIC _LE 1
1 Definitions.....................................................
1 2
Changes.........................................................
1 3
Extras..........................................................
1 4
Variation In Quantity...........................................
1 5
Inspection......................................................
2 6
Re spo ns ib ility Fo r S upplie s..............................
2 7
Paynents........................................................
2 8
Assignment of Claims............................................
2 9
Ad d i t io na l 3 ond S e cu r ity........................................
2 10 Examination of Records By Comptroller General....................
2 11 Default.........................................................
3 12 Disputes........................................................
13 Notice and Assistance Regarding Patent and Copyright 3
Infringement..................................................
3 14 Buy American Act................................................
4 15 Convict Labor...................................................
16 Contract Work Hours and Safety Standards Act -
4 Ov e r t ime C omp e n sa t io n.........................................
4 17 Walsh-Healey Public Contracts Act...............................
4 1
18 Equal Opportunity...............................................
19 O f f icials No t To Bene fit........................................
5 5
20 Covenant Against Contingent Fees................................
21 Utilization of Small Business Concerns..........................
5 22 Utilization o f Labor Surplus Area Concerns......................
5 23 Utilization of Minority Business Concerns.......................
5 5
24 Pricing of Adjustments..........................................
25 Payment o f In teres t On Contractors ' Claims......................
5 6
26 Alterations.............................,........................
6 l
27 Listing of Employment 0penings..................................
9 28 Employment of the Handicapped...................................
29 Clear Air cnd Water.............................................
10 30 FederaA, 9 tate and Local Taxes..................................
11 31 Termination For convenience of the Government...................
12 32 Minority Business Enterprises Subcontracting Program............
17 33 Pr e f erence Fo r U. S. Flag Air Carriers...........................
18 34 No tice To the Government of Labor Disputes......................
18 35 Permits.........................................................
19 19 36 Panegotiation...................................................
37 Patent Indemnity................................................
19 38 Repor itt Royalties.............................................
20 39 Notice Rc;?;4ing Late Delivery..................................
20 m'
,, _ _ _ _ _ ~.
. _ ~...
i GENERAL PROVISION FIXE 0 PRICE SUPPLY CONTRACT (Cont.)
ARTICLE TITLE PAGE 40 S to p Wo r k O rd e r.............................................
21 41 Publication and Publicity...................................
22 42 Dissemina tion o f Contract Info rmation.......................
22 43 Wo rk fo r O t h e rs.............................................
23 44 Disputes 34 4
45 Utiliaati5n'5E05mbn-dwnif $uil6hii'C6ndhrns'(0v V $10',000):'.:
46 Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled By Socially and Economically Disadvantaged Individuals........................................ 25 ii
GENERAL PROVISIONS (Supply Contract)
- 1. Dutstrross without limitation raw materials, components, intermediate assemblies, and end products) shall be subject to inspection and As used throughout this contract, the following terms shall test by the Government, to the extent practicable at all times and hava the meaning set forth below:
places including the period of manufacture, and in any event prior (c) TFe term " head of the agency" or " Secretary" as used to acceptance.
herein means the Secretary, the Under Secretary, any Assistant Secretary, or any other head or assistant head (b) In case any supplies or lots of suppHes are defective in of the executive or military department o. other Federal material or workmanship or otherwise not in conformity with the agency; and the term "his duly authorized representative" requirements of this contract, the Government shall have the means any person or persons or board (other than the right either to reject them (with or without instructions as to Contracting Omcer) authorized to act for the head of the their disposition) or to require their correction. Supplies or lots agency or the Secretary.
of supplies which have been rejected or required to be corrected (b) The term " Contracting Omeer means the person executing shall be removed or, if permitted or required by the Contracting this conteact on behalf of the Government. and any other Omcer, corrected in place by and at the expense of the Contractor odicer or civilian employee who is a properly designated promptly after notice, and shall not thereafter be tendered for Contracting Omcer; and the term includes, except as ott tr-acceptance unless the former rejection or requirement of correc-wise provided in this contract, the authorized representa-tion is disclosed. If the Cor. tractor fails promptly to remove such tive of a Contracting Omcer 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 othervise provided in this contract, the term the Government either (i) may by contract or otherxise replace
" subcontracts includes purchase orders 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
- 2. Cuncts entitled " Default." Unless the Contractor corrects or replaces The contracting Omcer may at any time, by a written order, such supplies within the delivery schedule, the Contracting Omeer and without notice to the sureties, make changes, within the gen
- may requin the delivery of such supplies at a reduction in price crat 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 speciacations, where the supplies to be 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 in recordance therewith; (ii) method of shipment or packing;
" Disputes."
and (iii) place of delivery. If any such change causes an increase (c) If any inspection or test is made by the Government on the or decrease m the cost of, or the time required for, the perform-premises of the Contractor or a subcontractor, the Contractor anca of any part of the work under this contract,whether changed without additional charge shall provide all reasonable facilities or nnt changed by any such order, an equitable adjustment shall and assistance for the safety and convenience of the Government be made m the contract price or delivery schedule, or both, and inspectors in the performance of their duties. If Government the ront ract shall be modided in writinr accordingly. Any laim by inspection or test is made at a point other than the premises of the Contractor for adjustment under this clause must be asserted the Contractor or a subcontractor, it shall be at the expense of 0 days from the date of receipt by the Contractor of the the Government except as otherwise provided in this contract:
withm {tyon of change: Provided. henver, That the Contracting notifica Procided, That in case of rejection the Government shall not be Omcer, if he decides that the facts justify such action, may re-liable for any reduction in value of samples used in connection ceive and act upon any such claim asserted at any time prior t with such inspection or test. All inspections and tests by the final payment under this contract There the cost of property Government shall be performed in such a manner as not to unduly 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 Gntractor s claim for adjustment, the Contractmg Omcer shall the Contractor any additional cost of Government inspection and havs the right to prescribe the manner of disposition of such test when supplies are not ready at the time such inspection and property. Failure to agree to any adjustment shall be a d,spute test is requested by the Contractor or when reinspection or retest i
conce rning a question of fact within the meaning of the clause of is necessitated by prior rejection. Acceptance or rejection of the this enntract entitled " Disputes." However, nothmg in this clause supplies shall be made as promptly as practicable after delivery, hall excuse the Contractor from proceedmg with the contract as except as otherwise provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the
- 3. Ex7nu Contractor from responsibility for such supplies as are not in Except as otherwise provided in this contract, no payment for n the Government therefor.
extran shall he made unless such extras and the price therefor (d) The inspection and test by the Government of any supphes l
have been authorized in writing by the' Contracting Omcer.
or hts thereof does not relieve the Contractor from any responsi-bil[ty regarding defects or other faiIures to meet the contract
- 1. V AitI \\T!oN IN QtfANTITY i
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, stdpping, or packing, or albwances !n be conclusive execpt as regards latent defects, fraud, or such maniifacturing processes, and ther only to the extent, if any, gross mistakes as amount to fraud.
vecified elsewhere in this contract.
(e) The Contractor shall provide and maintain an inspection system acceptable to the Goverrmant covering the supplies hereunder Records of all inspection work by the Contractor (a) All supplies (wMeh term throughout this clause ircisdes shall be kept complete and available to the Government during STANDARO FORM 32 rRev. 4-19 32-109 1
Prescribed by GSA. FPR (41 CFR) t-16.401
the perform'nca cf this ec; tract and f r such bnger period as surety fcils to furnish reports as to hi3 financi:1 condi*l,n from
- nay be mecined escub:re in thi2 contract.
tim) to time as reque ted by th 3 Ccernment, th) C:ntractor shrli promptly furnish ruch additi:n11 xecurity as may be required
- d. Ibiwimu ry ron Lit'rtstr.s from time to time to protect the intereste of the Gosernment and 9xcept an other vm prowied in this contract. (i) the Con
- of persons supplying labor er materials m the prosecution of the tractor shali la responmble for the supplies covered by this work contemplated by this contract.
n.ntract until they are delisered at the designated delivery pcirt,
- 10. EXA31tNATION Or RECORD 3 BY CO3!!"rnotua CtsraAr.
reeardien of tho point of insnection; (ii) after celivery to the G,vernment at the de<ignated point and prior to acceptance by (a) This clause is applicable if the amount of this contract tio G,vernment or rejection and riving notice thereof by the exceeds $10,000 and was entered into by means of negotist.un.
(lovernment, the Geernment shall be responsible for the loss or including small business restricted advertising, but is not sppli-detruction cf or damage to the supplies only if such loss, cable if this contract was entered into by means of formal detruction, or damage results from the negligence of omeers, advertising, acents, nr emp%yees of the Government actine within the scope (b) The Contractor agrees that the Comptroller General of the of their employment; and (iii) the Contracter shall bear all risks United States or any of his duly authorized representatives shall, nw to reiacted supp!!es 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 catract or such lesser time specified in either Appendix M of the damage to the supplies only if such loss, destruction or damage Armed Services Procurement Regulation or the Federal Procure-rmults irom the gross negligence of officers, agents, or employees ment Regulations Part 1-20, as appropriate, have access to and of t.he Government acting within the scope of their employment.
the righs to examine any directly pertinent books, doc':ments, papers, and records of the Contractor involving transactions re-
- 7. Pmichts lated to this contract.
The cartractor shall be paid, upon the subm.nsion of proper (c) The Contractor further agrees to include in all his sub-inv.oim or vouchers, the pricas stipulated herein for supphes ochured and accepted nr services rendered and accepted, less gg g
gggg dedm tions if any, as here,m provuled. Unless otherwise specified, payment will 1 e made on partial deliveries accepted by the Gov-d3>ehNmn&W&mnM ernment when the amount due on such deliveries so warrants; g
or, wl.en rmpiested by the Contractor, payment for accepted par-Procurement Regulation or the Federal l'rocurement Regulations tial dehverics shall be made whenever such payment would equal Part 1 20, as appropriate, have access to and the right to examine or ewml cither $1,000 or N percent of the total amount of this any d,rectly pertinent books, documents, papers, and records of i
'" " I '"#
such subcontractor, involving transactions related to the sub.
M. Aute:xstr.sr or Ct.A sts contract. The term " subcontract" as used in this clause excludes (a) Pursuant to the provisions of the Assignment of Claims (1) purchase orders not exceeding $10,0n0 and (2) subcentracts Act of a to, as amended G1 U.S.C. 203, 41 U.S.C.15), if this or purchase orders for public utility services at rates established contract provides for payments aggrecating $1,000 or more, for uniform applicability to the general public, riaim4 for moneye due or to become due the Contractor from the (d) The periods of access and examination describad in (b)
Government umier this contract may be assigned to a bank, trust and (c), above, for records which relate to (1) appeals under rompany, or other financing institution, including any Federal the " Disputes" clause of this contract. (2) litigation or the lemHne neency, and may thereafter be further assigned and settlement of claims arising o tt of the performance of this con-rens<iened to any such institution. Any such assignment or re-tract, or (3) costs and egenses of this contract as to which cx-auiemnent 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 more than one duly authorized representatives, shall eontinue until such appeals, Mrty, except that any such assignment or reassignment may be litigation, claims, or exceptions have been disposed of.
mado to ona party as agent nr trustee for two or more parties g
participatmg in such financing. Untw otherwise provided m (a) The Government may, subject to the provisions of para, thh omtract, payments to an assiuTiee of any moneys due or to herome shie under this contract shall not, to the extent provided graph (c) belew, by written notice of default to the Contractor.
terminate the whole or any part of this contract in any one of in said Act, as amended, he subject to reluction orcetoff. (The the following circumstances:
preceding sentence applies only if this contract is made in time of (i) If the Contractor fails to make delivery of the supplies or var or national emereency as defined in said Art and is with the to perform the services within the time specified herein or any i mpartment of Defense, the General Services Administration, the extension thereof; or linerey Research and Development Administration, the National (ii) If the Contractor fails to perform any of the other pro-Aeronautics ami Space Administration, the Federal Aviation visions of this contract, or so fails to make progress as to Llmini<tration, or any other department or agency of the United endanger performance of this cortract in accordance with its Mtates designated by tho President pursuant to Clause 4 of the terms, and in either of these two circumstances does not cure ormian of section 1 of the Assignment of Claims Act of 1940, as such failure within a period cf 10 dayn (or such longer perimi amended by the Act of May 13,1951,65 Stat. 41.)
as the Contractine Omecr may authorize in wri:ing) after th) In nn event shall copics of this sentract nr of any plans, receipt of notice from the Contrac+ing Ofiker spceifying such vecincatior.s. or other similar documents relating to work under I8II"F'-
I his com ract, if marked " Top Secret," " Secret," or " Confidential,"
bo furnished to any asnignee of any claim arising under this (b) In the event the Government terminates this -antract in rontract nr to any other person not entitled to receive the same.
u-hole or in part as provided in parneraph (a) of this clause, the flow ever, a copy of any part or ali of this contract so marked may Gos rnment may procure, upon such terms and in such rsanner he Nrnivhed, or any information contained therein may be dis.
as the Contracting Omeer may dec n appropriate, supplies or services.similar to thwe so terminated, and the C.mtractor shal' ilei, to nurh auience upon the prior w*itten authorization of be liable to the Government for any cvress costs for such similar 4 he t'ontracting Omccr.
supplies or services: Provided That the Cont ractor shall continue 1 AHuttovn How Secrittyy the performance of this contract to the estent not teminated If any nnrety upon any inmd furnished in connection with this under the provisions of this clause.
ointract becomes unac<cptable to the Government or if any such (c) Except with respect to defaults of <ubc.mtractors, the STANCARD FORM 32 (Rev 4 75) 2
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e contractor th:11 not be liabl2 for any excess coats if tha f ailure to ing Omcer, wh) antil reducs his decision tT writing cnd adl or rerform the contract arises out of causes beyond the centrol and otherwise furnish a copy thereof to the Contractar. The decision whout de fauit or nerbgence of the Contractor. Such causes of the Contracting Oscer snall be final and Nsive unless, ena/ mehle, but are not restricted to, acts of God or of the public within 30 days from the date of receipt o'
, the Con-enemy, acts of the Govermnent in either its sovereign or con-tractor mails or otherwise furnishes to ig Omcer tractual capacity,.irr. :!oods, epidemics. quarantine restrictions, a written appeal addressed to the See
.sion of the a
strikes. freight embart;oes, and unusually revere weather: but Secretary or his duly authorized r h
.c the determi-
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m every caen the (mlure to perform must be brynnd the control nation of such appeals shall b"
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.msive unlesi de-termined by a court of co' [Y' etion to have been and without the fault or negligence of the Contractor. If the fraudulent, or capricious.
r so grossly erroneous faduro to perform is caused by the default of a subcontractor, t
and if such default arises out of causes beyond the control of both as necessarily to imply
- g
. supported by substantial the Contractor and nubcontractor, und without the fault or evidence. In connecC
.ppeal proceeding under this negliecnce of either of them, the Contractor shall not be liable clause, the Cont-afforded an opportunity to be g
for any excena costs for failure to perform, unless the supplies heard and to bt
.n support of its appeal. Pending or wrviers to be furni>hed by the subcontractor were obtainable final decisio-t
.reunder, the Contractor shall proceed p
frnm other enurces in numcient timt to permit the Contractor to diligent!"
.mance of the contract and in accordance c[t nm the required delivery schedule.
with t' smeer's decision.
(d) If this contract is terminated as orovided in paragraph
('
.es" clause does not preclude consideration of 4 a) of this clause the Government,in addithn to any other rights law -
. connection with decisions provided for in para-provided in this clause, may require the Coctractor to transfer graph sve: Provided. That nothing in this contract shall be title and deliver to the Govermnent, in the mar ner and to the construeu as making final the decision of any administrative ettent directed by the Contracting Omcer. (1) any completed omeial, representative, or board on a question of law.
supplies, and (ii) such partially completed supplies and materials,
- 10. NOTICE AND ASSMTANCE RECARDING PATENT AND parts, tools, dies, jigs fixtures, plans, drawings, informat.on, C0rYRfCIIT INFRINGE 5!ENT and contract rights (hereinafter called " manufacturing ma.
terials") as the Contractor has specifically produced or spe-The provisions of this cituse shall be applicable only if the citically acquired for the performance of such part of this contract amount of this contract exceeds : ).000, u has been terminated; and the Contractor shall, upon direction (a) The Contractor sha!! report to the Contracting Omcer, of the Contracting Omcer, protect and preserve property in promptly and in reasonable written detail, each notice or claim ponession of the Contractor in which the Government has an
'f patent or copyright infringement based on the performance of interest. Payment for completed supplies delivered to and ae-
.nis contract of whi:h 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 Government and for the protection and preservation of property arising out of the performance of this contract or out of the use Aall be in an amount agraed upon by the Contractor and Con.
of any supplies furnished or work or services performed here-t ractine Omccr; failure to agree to such amount shall be a dispute under, the Contractor shall furnish to the Government, when concerning a question of fact within the meaning of the clause of requested by the Contracting Omeer, all evidence and information this centract entitled " Disputes." The Government may withhold in possession of the Contractor pertaining to such suit er claim.
from amounts otherwise due the Contractor for such completed Such evidence and information shall be furnished at the expense
<upplies or manufacturing materials such sum as the Contracting of the Government except where the Contractor has agreed to Otficer determines to be necessary to protect the Government indemnify the Government.
against loss because of outstanding liens or claims of former tien 1.olders.
~
- 14. BifY A5tERICAN Ac7 (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 (i) " Components" means those articles, materials, and sup-clause, the rights and obligations of the partiet, shall, if the con-plies, which are directly incorporated in the end products; tract contains a clause providing for termination for convenience (ii) "End products" means those articles, materials, and u( the Government, be the same as if the notice of termination 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 under thn provisi<ms of this clause, and if this eontract does not in the United States and (B) an end product manufactured in contain a clause providing foe termination for convenience of the the United States if the cost of the components thereof which Gavernment, the contract shall be equitably adhsted to compen-are mined, produced, or manufactured in the United States ex-sate for such termination and the contract modified accordingly; ceeds 50 percent of the cost of all its components. For the fadure to aereo to aav such adjustment shall be a dispute con.
purposes of this (a)(iii)(B), aomponents of foreign origin of cernme a question of fact within the meaning of the clause of this the same type or kind as the products referred to in (h)(ii) or cont ract entitiml " Disputes."
(iii) of this clause shall be treated as components mined, pro-(f) The rights and remedies of the Government provided in this duced, or manufactured in the United States.
aauw < hall not l>e exclusive and are in addition to any other (b) The Contractor agrees that there will be delivered under riehts and reme<hes pravided 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:
coetractor* and " subcontractors mean subcontractor (s) at (i) 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 sudicient and E m st m 44 reasonably available commercial quantitics and of a satisf actory (3) ljxcept as cthe
- CTE
'. any dispute qua;ity; cancern rg a,
ce6 stract which (iii) As to which the Secretary determines the domestic a
ia not "
ded
...ued by the Contract-preference to be inconsistent with the public interest; or c u9 a
3 STANDARD TORM 32 (Rev. 4 75)
s (iv) As ts which tha Secretary determmes tht cost to the interpretations of the Secretary cf Labor which tre now or m:y Government to be u; reason ble, hereaf ter be in e:Tect.
(The foregoing requirements are administered in accordance with Cxecutive Order No.10532, dated December 17, 1954.)
- 13. EQUAL Orr0RTUNITY (The following clause is applicable unless this contract is ex-
- 15. CON \\fCT IJSom empt under the rules, regulations, and relevant orders of the In connection with the performance of work under this contract, Secretary of Labor (41 CFR,ch. 60).)
~
the Contractor agrees not to employ any person undergoing sen-During the performance of this contract, the Contractor agrees tence of imprisonment at hard labor except as provided by Public as follows:
Law 89-176, September 10. It35 (18 U.S.C. 4082(c)(2)) and (a) The Contractor will not discriminate against any employee Executive Order 11755, December 29,1973.
or applicant for employment because of race, color, religion, sex.
r nati nal rigin. The Contractor will take atfirmative action to
- 16. CoNTttAc7 WORK llot3S AND SAFETY STANDARDS ACT-O\\ERTISTE Co%trENSATION ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, This contract to the extent that it is of a character specified religion, sex. or national origin. Such sction shall include, but not in the Contract Work Hours and S.sfety Standards Act (40 U.S.C.
be limited to, the following: Employment, upgrading, demotion,
- 27-333), is subject to the following provisions and to all other or transfer; recruitment or recruitment advertising; layoff or applicable provisions and exceptions of such Act and the regula-termination; rates of pay or other forms of compensation; and tiona of tha Secretary of Labor thereunder.
selection for training, including apprenticeship. The Contractor (a) Overtime requirements. No Contractor or subcontractor agrees to post in conspicuou= places, available to employees and contracting for any part of the contract work which may require applicants for employment, notices to be provided by the Con-or mvolve the employment of laborers, mechanics, apprentices, tracting Officer setting forth the provisions of this Equal Oppor-trainm, watchmen, and guards shall require or permit anY tunity clause.
taborer. mechanic, apprentice, trainea, watchman, or guard in (b) The Contractor will, in all solicitations or advertisements any workwaek in which he is employed on such work to work in for employees placed by or on behalf of the Contractor, state exersa of eight hours in any calendar day or in excess of forty that all qualified applicants will receive consideration for em-hou 4 in such wnrkweek on work subject to the provisions of the ployment without regard to race, color, religion, sex, or national contract Work Hours and Safety Standards Act unless such origin.
Lhorcr. mwhai ic. apprentice, trainee, watchman, or guard re-(c) The Contractor will send to each labor union or representa-cmves compensation at a rate not less than one and ane-half times tive of workers with which he has a collective bargaining agree-his basic rate of pay for all rueh hours worked in excess of eight ment or other contract or understanding, a notice, to be provided hours in any calendar day or In excess of forty hours in such by the agency Contracting Officer, advising the labor union or workwk. whichever is the greater number of overtime hours.
workers' representative of the Contractor's commitments under ib) Violation; liability for unpaid wages; liquidated damages.
this Equal Opportunity clause, and shall post copies of the notice In the event of any violation of the provisions of paragraph (a),
in conspicuous places available to employees and applicants for the Contractor and any subcontractor re<ponsible therefor shall employment.
be liable to any affected employee for his unpaid wager In addi-(d) The Contractor will comply with sll provisions of Execu-ti..n such Contractor and subcontractor shall be litcle to the tive Order No.11246 of September 24,19%, as amended by l'nited States for liquidated damages. Such liqui 6ed damages Executive Order No.11375 of October 13,1967, and of the rules, shall ha computed with respect to each individual laborer.
regulations, and relevant orders of the Secretary of Labor.
mechanic, apprentice, trainee, watchman, or guard employed in (e) The Contractor wi!! furnish all information and reports violation of the provisions of paragraph (a) in the sum of $10 required by Executive Order No.11216 of Sept mber 24, 1965, for each calendar day nn which such employee was required or as amended by Executive Order No.11375 of Ocaber 13, 1967, permitte,I to be employed on such work in excess of eight hours and by the rules, regulations, and orders of the Jecretary of or in exec.. OrrtetAl a NOT D IIENEMT small business concerns; (6) other persistent or substantiallabor No member of or ialerate to Congress, or resident Commis-surplus area conerns; and (7) small business concerns which
~
sioner, shall be admitted to any share or part of this contract, or are not labor surplus area concerns.
to any beneG. that may arise therefrom; but this provision shall
- 23. UTruzATION or MINORITY BUSINESS ENTERPRISES not be construed to extend to this contract if made with a corpo-ration for its eeneral benetit.
(a) It is the policy of the Government that minority business s
e un prac&aMe womnhy to 20 CotENANT ACUNST CONTINGENT FEES P.
partic2pate in the performance of Government contracts.
The Contractor warrants that no person or selling agency has (b) The Contractor agrees to use his best etYorts to carry out been employed or retained to solicit or secure this contract upon this policy in the avcard of his subcontracts to the fullest extent an aereement or understanding for a commission, percentage, consistent with the eMeient performance of this contract. As broherare, nr contineont fee, excepting bona fide employees or used in this contract, thi term " minority business enterprise" h,ina fMe establisheri commercial or celling agencies maintained means a business, at least 50 percent of which is owned by by tho Contractor for the purpose of securing business. For minority group members or,in case of publicly-owned businesses, breach er violatio.1 of this warranty the Government shall have at least 31 percent of the stock of which is owned by minority tha rizht to annul this contract without liability or in its discre-group members. For the purposes of this definition, minority tion to deduct from the contract price or consideration, or other-group members are Negroes, Spanish-speaking American persons, wise recover, the full amount of such commission, percentare, American-Oriertals. American-Indians, American-Eskimos and brokerneo. or contineent fee.
American Aleuts. Contractors may rely on written representa-
- 21. UTiutaTrox or Strar.r. Bes Ness CONCERNS tions by subcontractors regarding their status as minority busi-ness enterprises in lieu of an independent investigation, t a e It 14 the policy of the Government as declared ha. the Con-greu ihar a fair proportion r / the purchases and contracts for 2i. PRtctNo or ADJt'sT> TENTS mnplie< and services for the Government be placed with small When costs are a factor in any determination of a contract honnm c meerns.
price adjustment pursuant to the Changes clause or any other (b s The contractor nerees to accomplish the maximum amount provision of this contract. such costs shall be in accordance with of subcontractin t to small business concerns that the Contractor the contract cost prmelples and procedures in Part 1-15 of the finda to im e<.nsistent with the er'icient performance of this Federal Procurement Herulations (41 CFR 1-15) or Section XV contract of the Armed Services Procurement Regulation. as applicable, 22.1*rtt.r7 frfoN OF LABon St Rrt.t s AREA CONCERN 3 which are in edect on the date of this contract.
(a) It is the policy of the Government to award contracts to
- 25. Pn) ENT OF INTEREST ON CONTRACTORS' Ct.AISIS labor.<urplus aroa concerns that (1) have been certified by the (a) If an appeal is filed by the Contracto; from a final decision Secretary of Labor (hereafter referred to as certified-eligible of the Contracting Omcer under the Disputes clause of this con-con ~rn4 u ith tirst or seennd preferences) reearding the.mploy-tract denying a claim arising under the contract, simple interest ment of a proportionate number of disadvantaged individuals and on the amount of the claim finally determined owed by the Govern-have aere-d to perform substantially (i) 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 f retary of the Treasury pursuant to or sub-tantial labor surplus areas or-(ii) in other areas of the Public Law 92-41,85 Stat. a Irem the date the Contractor fur-l'nited States, respectively, or (2) are noncertified concerns nishes to the Contracting Omcer 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 nral judg-stantial labor surplus areas, where this can be done consistent ment by a court of competent jurisdiction. or (2) mailing to the with the eMemnt performance of the contract and at prices no Contractor of a supplemental agreement for execution either con-hieher than are obtainable elsewhere. The Contractor screes to firming completed,ecotiations between the parties or carrying u.<e his ba<t efforts tn place his subcontracts in accordance with out a decision of a board of contract appenis.
t hi policy.
(b) Notwithstanding (a), above, (1) interest shall be applied el 1 in e nmolying with paragraph (a) of this clause and with only from the date payment was' due, if such date is later than paragranh (b) of the clause of this contract entitled "IJtilization the filing of appeal, and (2) interest shall not he paid for any of Small Business Concerns" the Contractor in placing his sub-period of ti.ne that the Contacting OMeer determines the Con-cent ram.iall observe the following order of preference: (1) tractor has unduly delayed in pursuing his remedies before a t'ertific 141 -ible concerns with a first preference which are also board of contract appeals or a court of competent jurisdiction.
.-=ww
-..-e.e--
5 STANDARD FORM 32 (Rev. 4-75) wuu i m a... + % r. s..
u
t FPR CHANGES AND NRC ADDITIONS TO STANDARD FORM 32 (1-16.101(c))
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GENERAL PROVISIONS (SUPPLY CONTRACT)
~~
(June 1976)
ADDITIONS CONSIST OF ARTICLES THROUGH 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 " Commission" or "NRC" means the United States Nuclear Pegulatory Commission or any duly authorized representative thereof, including the Contracting Officer except for the purpose of deci'ing an appeal under the Article " Disputes."
27.
LISTING OF EMPLOYMOiT OPENINGS (FPR Temp. Reg. 39)
(Applicable to Contracts Involving $10,000 or More)
DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA The contractor will not discriminate against any employee or applicant for a.
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 empleyment 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 time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract anu including 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 affiliates, 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-
e.
e Listing of employment openings with the employment service system pursuant to c.
this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the nor=al obligations which attach to the placing of a Sono fide job order, including the acceptance of referrals of veterans and no veterans. The listing of employment openings does not require the hiring cf any particular job applicant or from any particular group cf job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulatiens regard-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 et ployment 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 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 af ter final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for examination 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, e.
Whenever the contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hir.ng location 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 the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause.
f.
This clause does not apply to the listing of e=ployment openings which occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, 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..
A A
Z.
_ h w N us-ma w
h.
As used in this clause:
(1)
"All suitable e=ployment 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, administrative, and pro-fessional openings that are compensated on a salary basis of less than
$25,000 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 traditicaal employer-union hiring arrangement nor openings in an educa-tional institution which are restricted to students of that institution.
Under the most compalling circumstances an employment apening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing world 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 ervice system" means the local office of the Federal /Stata nationa3 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 companier) 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 openinga which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees.
i.
The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
l j.
In the event of the contractor's noncompliance with the requirements of this clause, actions for ncncompliance may be taken in accordance with the rules, cegulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
k.
The contractor agrees to post in conspicuous places available to employees and applicants for employment notices in a form to be prescribed by the Director, provided by or through tha contracting officer. Such notice shall state the contractor's obligation under the law to take affirmative action to employ _ _ _ _._ _ _ _ _ _. _. _ _
'J g
e
and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees.
1.
The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to take affirmative Action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era.
The contractor will include the provisions of this clavae 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 provisiens will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.
28.
EMPLO'lMENT OF THE HANDICAPPED (FPR Temp. Reg. 38) a.
The contractor will not discriminata against any employee or applicant for employment because of physical or mental handicap in rodard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take af firmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discriminatisu 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 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, acticas for noncompliance may be taken 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 Director, office of Federal coacract Compliance Programs,
'epartment of Labor J
provided by or through the Contracting Officer.
Such notices shall stats the contractor's obligation under the law to take af firmative action to employ and advance in employment qualified handicapped employees and appli-cants for employment, and the rights of applicants and employees, The Contractor will notify each labor union or representative of workers e.
with which it ha_ a collective bargaining agreement 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 employment physically and mentally handicapped indivit'uals.
_9-
,_L-_..-
0 O
f.
The Contractor will include the provisions of this clause in every sub-contract or purchrae order of $2,500 or more unless exempted by rules, reg-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 take such action with respect to any subcon-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 Tas 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 conviccion under the Clear Air Act (42 U.S.C. 1957c-8(c) (1)) or the Federal Water Pollution is not Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or the contract otherwise exempt.)
The Contractor agrees as follows:
a.
(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.
(2) That no portion of the work required by this pri=e 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 name of such facility or f acilities from such listing.
(3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed.
(4) To insert the substance of the provisions of this clause into any nonexempt subcontract, including this paragraph (a)(4).
b.
The terms used in this clause have the following meanings:
(1) The term " Air-Act" means the Clean Air Act, as amended (42 U.S.C.
1357 et. seq., 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). - - - = =
'O O
(3) The term " clean air standards" means any enforceable rules, regulations,
~~
guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable iuplementation 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 ill(c) or section lil(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-nulgated 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 ensure compliance with pretreat-ment regulations as required by section 307 of the Water Act (33 U.S.C.
1317).
(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, installation, structure, mine, vessel or other floating craf t, 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 location or site shall 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.
O.
FEDERAL, STATE, AND LOCAL TA.V9 (1-11.401-1(c))
a) Except as may be otherwise provided in this contract, the contract price s
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 aft r 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 transaccionc or property, the contract price shall be increased by the rmount of such tax or duty or rate increase: Pro dded, that the Contractor if requested...;....
.o for such by the Contracting Officer, warrants in writing that no amount newly imposed Federal excise tax or duty or rate increase was included in the contract price as a contingency reserve or otherwise; or (2) Results in the Contractor not being required to pay or bear the burden of, or in his obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such 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 raquired to pay or beaTr 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 ter= " contract date" means the date of such modification.
e.
Unless there does not exist any reasonable basis to sustain an exemption, the Government, upon request of the Contractor, without further liability, agrees, except as otherwise provided in this contract, te furnisn evidence appropriate to establish exemption from any tax which the Contractor warrants in writing was excluded from the contract price. In addition, the centracting Officer may furnish evidence to establish exemption from any tax that moy, 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 will be furnished only at the discretion of the Contracting Officer.
f.
The Contractor shall promptly notify the Contracting Officer of matters which will result in either an increase or decreare in the contract price, and shall take action with respect thereto as directed by the Contracting Officer.
11.
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (1-8.701)
The performance of work under this contract may be terminated by the Government a.
in accordance with this clause in whole, or from time to time in part, whenever the Contracting Of ficer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery to 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.
k _ _ _ _ _ _ _ _ _ _
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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 tSe 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 termirated 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 of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims 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) Tran~fer 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 Notica of Termination, and (ii) the completed or oartially completed plans, drawings, information and other property which, it the contract had been completed, would have been required to be furnished to the Government; (7) Use his best efforts to sell, in the man er, at the times, to the extent, and at the price or prices directed or authorized by the Contracting Of ficer, any property of the types referred to in (6) above: Provided, hacever, That the Contractor (1) 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 price? approved by the Contracting Officer: And providri fhrther, That the Scoceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the, Government to the Cont _ actor 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 prat of the work as, hall nc
',ve been terminated by the Notice of Termination; and _ _ _ _
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i (9) Take such action as may be necessary, or as the Contracting Officer may d irect, for tha protection and preservation of the property related to
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this contract which is 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 Subpart 1-8.1 of the Federal Procurement Regulations (41 CFR 1-8.1), as the definition =ay be amended from time to ti=e, the Contractor may 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 Officer, 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 submitted shall be subjec t to verification by the Contracting Officer upon re= oval of the items or, if the ite=s are stored, within forty-five (45) days from the date of sub-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 one year from the effective date of termination, unless ene 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 Contracting Officer may, 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 shs11 thereupon pay to the Contractor the amount so determined.
d.
Subject to the previsions 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 terminscion of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done: Prcoided, That such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by tha 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 Contractor 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 tha 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 affect the amount or a=ounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph (d).
In the event of the failure of the Contractor and the Contracting Officer to e.
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 Contractor by reason of the termination and shall pay to the Contractor the amounts determined.s 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 sum equivalent to the aggregate price for such supplies computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving of freight or other charges; (2) The total of--
(i) The costs incurred in the performance of the work terminated, including initial costs and pr1paratory 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 cir ims arising out of the termination of work under subcontracts or orde. s, as providea 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 sum, 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: Previded, hauever, 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 refl2ct the indicated rate of loss; and j
(3) The reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the i '
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contract and for the termination and settlet
, of subcontracts the
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reunder, together with reasonable stora;e, transportation, and other costs incurred in connection with the protection or disposition of property allocable to this contract.
The total sum to be 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) (i) above, the f air value, as determined by the Contracting Officer, of property which is destroyed, lost, stolen, or damaged so as to become undeliverable to the Government, or to a buyer pursuant to paragraph (b) (7).
f.
Costs claimed, agreed to, or determined pursuant to paragraphs (c), (d), and (e) of this clause shall be in accordance with the applicable contract cost principles and procedures in Part 1-15 of the Federal Procurement Regulations (41 CFR 1-15) in effect on the date of this contract.
3 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 proviaed 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 taken, the amount so determined by the Contracting Of ficer; 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 Centractor, 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.
i.
If the termination hereunder be partial, prior tc the settlement of the termi-nated portion of this contract, the Contractor may file with the Contracting Of ficer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the Notice of Termination), and such equitable ;djustment as may be agreed upon shall be made in such price or prices.
9
e J.
The Govern =ent may from ti=e to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the terminated portion of this contr'act whenever in the opinion of the Contracting Officer the aggregate of such payments shall 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 shall 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: Provided, hccever, That no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim 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 the Contracting Officer by reason of the circumstances.
k.
Unless otherwise provided for in this contract, or by applicable statute, the Contractor, from the ef fective date of termination and for a period of three years af ter 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 bearing 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 SUBCCNTRACTING PROGRAM (1-1.1310.2(b))
a.
The Contractor agrees to establish and conduct. a program which will enable minority business enterprises (as defined in the clause entitled "Utilisation of Minority Business Enterprises") to be considered fairly as subcontractors and suppliers under th,is contract.
In this connection, the Coners ctor shall--
(1) Designate a liaison officer who will administer the Contractor's minority business enterprises program.
(2) Provide adequate and timely consideration of the potentialities of known minority business enterprises in all "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 (i) 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.
(5)
Include the Utilization of Minority Business Enterprises 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 utili=e U.S. flag air carriers for international air transportation of personnel (and their personal ef fects) 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:
CERTIFICATION OF UNAVAILABILITY OF U.S. FLAG AIR CARRIERE 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.
NOTICE TO THE COVERNMENT OF LABOR DISPUTES (1-7.203-3) a.
Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this
' See Federal Procurement Regulations (41 CFR 1-1.323-3) or section 1-336.2 of the Armed Services Procurement Regulations, as applicable.
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18 -
contract, the Contractor shall immediately give notice thereof, including all relevant information'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 or threatened by delay by an actual or potential labor dispute, the subcon-tractor shall i= mediately notify his next higher tier subcontractor, or the Prime Contractor, as the case may be, of all relevant information 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 all 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)
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.
App. 1211, et. seq.), as amended, and to any subsequent act of Congress providing for the renegotiation of contracts. Nothing contained in this clause shall i= pose any renegotiation obligation with respect to this contract or any subcontract hereunder which is not imposed by an act of Congress heretofore or hereaf ter enacted. Subject to the foregoing, this contract shall.be deemed to contain all the provisions required by section 104 of the Renegotiation Act of 1951, and by any such other act, without subsequent contract amendment specifically incorporating such provisions.
b.
The contra'ctor agrees to' insert the provisions of this clause, including this paragraph (b), 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, and 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 contract. _ _ _.
- 9
s 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 invol.ved 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 settlement the amount of any royalties or other payments paid or to be paid by it directly to others in connection with the performance 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 Co= mission of any individual payments or royalties shall not estop 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.
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39.
NOTICE REGARDING LATE DELIVERY (1-7.204-4)
In the event the Contractor encounters c.'fficulty in meeting performance requirements, or anticipates difficulty in complying with the contract delivery schedule or date, the Contractor shall immediately notify the Contracting Officer thereof in writing, giving pertinent details, including the date by which it expects to complete performance or make delivery: Prcrided, however, That this data shall be informational only in character rnd 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. -..
40.
STOP WORK ORDER (a) The Contracting Officer may, at any t.ime, by written order to
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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 Centractor, 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:
(i) 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 : hall 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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21
41.
PUBLICATICil 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 informa+1on is subsequently modified or altered in any manner, the Contractor shall prcmptly 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. fluclear Regulatory Commission whenever publici:ing the work under this contract in any media. To effectuate the foregoing, the Contractor shall include in any publication resulting frcm work performad under this contract an acknowledgement substantially 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. tiuclear Regulatory Commission."
Either Clause flo. 42, entitled " Dissemination of Contract Information" or Clause flo. 41 is for application but not both.
In the aosence of a clear delineatiori, Clause flo. 41 applies.
42.
DISSEMI:lATI0tl 0F C0tlTRACT IllFORMATION The Contractcr shall not publish, permit to be published, or distribute for public consumption, any infonaation, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer.
(Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.)
Failure to comply with this clause shall be ground-for termination of this contract.
22
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1 43.
WORK FOP. OTHERS tiotwithstanding 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 an actual or apparent conflict of interest with respect to the work being perfomed 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 clause.
If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a possible conflict of interest, the contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.
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3 45.
UTILIZATION OF WOMEN-OWNED BUSINESS CONCERN 5 (Over $10,000)
(a) It is the policy of the United States Government that women-owned busir esses shall have the maximum practicable opportunity to participate in the performance of c'ontracts awarded by any Federal agency.
(b) The Contractor agrees to use his best efforts to' carry out this policy in the award of subcontracts to the fullest extent consistent with the efficient per.formance of this contract.
As used in this contract, a " woman-owned business" concern means a business that is at least 31% owned by a woman or women who also control and operate it. " Control" in this context means exercising the power to make policy decisions.
" Operate" in this context means being actively involved in the day-to-day management. " Women" mean all women' business owners.
(End of Clause) 24 I
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46 (2} *: :s the peiicy of :he L~nited Staus :ha; scnail business concerns and s. all business cencerns owned and con cIIed by sociaUy and acenomica!!y disadvantaged Indi. ! duals shall have the maximum practicable cpper: unity to participate in the performance of centracts Je: by any Federal agency.
(b) The centracter hereby agrees to car y cu: this policy in :he awarc:ng oI succentrac:s to :.,.e :ul.,est ex:ent censistent with tn.e ef:!cient performance of :his centract.
The centractor further agrees to cecperate in any studies er surveys as may be conduc:ed by
- ., e small =usiness ncministrat:en or :ne con:racimo acency >. nich a a may be necessary to de: ermine :he extent of the centrac:ct's com.ot:ance ws h :..nts c.,ause.
(c)
(1) As used in this centract, the :erm "small business ccacern" shall mean a small business as defined pursua.nt to sec:icn 3 cf the Smal! Susiness Ac: and relevent reguia:!cns promulgated pursuant thereto.
(2) The :erm "sma!! business concern owned and centre!!ed by scciauv and eccnomica!.!y disadvan: aced individuals" shau mean o.
a sma:! bus:.ner.s concern-(i) which is at less: 31 per centum cwned by cae c. mere sociauy and economicaUy disadvantaged individuals; er in the case of any publicly cwned business, a: leas 51 per centum of the stock of which is owne,sd by one or more mc:vicuals; and sec:ady anc. economica.,ly disadvan:zge (ii) v yse managemen and daily business cperations are cont: : 2ed by cne cr more of such individuals.
The centractor shall presume that socially and economically disadvantared individuals include Black o
- h. t:ve nmericans, a.
nmericans,
- h..ispanic Amer.icans, Asian-Pacific Americans, and c:her minorities, o.any other individual fcund to be disadvantaged by the Small Business Administration pursuant to section S(a) of the S m a!.f.,cusiness nct.
(d)
Centracters acting in good faith may rely on E ritten rep 7sentations by their subcen:rac:crs regarding their status as a small business concern er a small business concern owned and controlled by socia!!y and economically disadvantaged individuals.
(End of Clause) 25
c.
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.
20-1.5405-2 Special contract provisions,
~
20-1.5406 Evaluation, findings, and contract award..
20-1.5407 Conflicts identified after award.
20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-1.5410 Subcontractors.
20-1.5411 Waiver.
20-1.5412 Remedies.
AUTHORITY:
Sec. 8, Pub. L.95-601, adding Sec. 170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) 120-1.5401 Scope and Policy (a) It is the policy of the U.S. Nuclear Regulatory Commission (NRC) to avoid, eliminate or neutralize contractor organizational conflicts of interest.
The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest.
It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy.
NRC 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?
(c) The conflict of interest rule contained in this subpart applies to-contractors and offerors only.
Individuals or firms who have other relationships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation.
This rule does not apply to the acquisition
.of consulting services through the personnel appointment process, NRC _ _.
7590-01 agreewits with other government agencies, international organizations.
or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.
120-1.5402 Definitions (a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has pruent or planned interests related to the work to be perfonned 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, cr experimentation.
(c) ~" Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.
(d)
" Technical consulting and management support services" means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require the contractor to be given access to information which has not been made available to the public or proprietary information.
Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.
(e') " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).
(f)
" Contractor" means any person, firm, unincorporated association, joint venture, co-spons,or, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.
(g)
" Affiliates" means business concerns which are affiliates of each other when either directly or indirectly cne concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR 51-1.606-1(e)).
(h)' " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.
(i)
" Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or Hfiliates thereof, including its chief executive, directors, key personnel
- icentified in the proposal), proposed consultants, or subcontractors, sucmitting a bid or proposal, solicited or unsolicited, to the NRC to cotain a contract.
2
7590.
(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 detennining whether actual or potential organizational Conflicts of interest exist:
(1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC?
(2) May the contractor be given an unfair competitive advantage based on the performance of the contract?
The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of comon sense and good business judgment based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay 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 pregrams.
(b)
Situations or relationships which may give rise to organizational conflicts of interest.
(1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:
(1) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC.
(iii) Where the offeror or contractor evalaates 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 ma rketing.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 520-1.5405-2 in the following circumstances:
(1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.
(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.
9 (iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.
(1) Example.
The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified.
In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing simile r analyses for the reactor manu facturer.
Guidance. An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would be place ' in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects 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.
7590-01 Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict.
For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example.
(3) Example. As a result of operating problems in a certain type of consnercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public.
Only one manufacturer has extensive experience with that type of plant.
Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.
Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.
Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.
Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.
(4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.
has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated.
Other companies in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to NRC. Information which is. reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others.
Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.
5
-o 7590-01 (5)
Example. The ABC Carp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt.
In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(1), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study.
Guidance. The contracting officer would normally 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 $ 20-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest.
(d) Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential Organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract.
(2)
It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.
520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b) Representation procedure.
The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for:
(1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual sicuations where special organizationai conflicts _of interest provisions are noted in the solicitation and would be included in tie 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, !.awever, a statement of the type required by the organizational conflicts of interest representation provision has previously been subtritted with regard to the contract being modified, only an updating of :.:h statement shall be required.
' l
s 7590-01 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).
(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 s20-1.'5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer.
If the contracting officer determines that organizational conflicts exist, the following actions may be taken:
(i) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the offeror, or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 5 20-1.5411.
(2) The refusal to provide the representation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by 520-1.5404(c), shall result in disqualification of the offeror for award.
The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misreoresentation 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 co,ntract.
(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 prohibit; 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 proposen excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.
(e)
The offeror's failure to execute the representation required by subsection.(b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
i 20-1.5405-Contract clauses 5 20-1.5405-1 General contract clause l
1 s.
a 7590-01 All contracts of the types set forth in i 20-1.5404(b) shall include the following clauses:
(a)
Purpose.
The primary purpose of this clause is to aid in ensuring that the contractor:
(1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) do2s not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
1 (b) Scope.
The restrictions described herein shall apply to i
performance or participation by the contractor as defined in 41 CFR I
9 20-l.5402(f) in the actitities covered by this clause.
j (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 j
i of interest with respect to the work being performed under this contract.
i The contracter 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 centractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to i
execution of such contractual arrangement.
(d)
Disclosure after award.
(1) The contractor warrants that to i
the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).
(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer.
This statement shall include a descriction of the action which the contractor has taken or proposes to take to avoid or mitigate such con flicts.
The NRC may, hcwever, terminate the contract for convenience if it deems such termination to be in the best interests of the government.
(e) Access to and use of information.
(1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to: (i) Use such information for any private purpose until the information has been released to the puolic; (ii) compete for work for the Comission based
't 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 o? 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 520-1.5402(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) Waiver. A request for waiver under this clause shall be directed in writing througn the contracting officer to the Executive Director for Operations (E00) in accordance with the procedures outlined in 520-1.5411.
J20-1.5405-2 Special. contract provisions.
(a)
If it is-deter.nined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in aCCordance with t20-1.5411, neutralized through the use of an appropria te scecial contract orovision.
If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time periou of any such restriction. These crovisions include but dre r"t limited to:
9
.. :. o -
7590-01 (1)
Hardware exclusion clauses which prohibit the acceptance of production contracts folicwing a related nonproduction contract previously performed by the contractor; (2)
Software exclusion clauses; (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4)
C1'auses which provide for protection of confidential data and guard against its unauthorized use.
(b)
The following additional contract clause may be included as section (i) in the clause set forth ini 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.
(i)
Follow-on effort.
(1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of such products or services.
(2)
If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications.
The contractor shall not incorporate its prooucts or servicee, 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.
j 5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation recuirements of $20-1.5404(b) and other relevant information.
After evaluating this information against tne criteria of ; 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror.
If it has ceen determined that conflicts of i
interest' exist, nen :ne contracting or h cer snall eitner:
(a). Disqualify the offeror frem award, n..v s
7590-01 (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of 520-1.5411.
!20-1.5407 Conflicts identified after award.
If potent'ai 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 prc' aided in the clauses required by 520-1.5405, the contracting officer will taKe every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.
520-1.5408 (Reserved)
- 20-1.5409 (Reserved) 320-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a representation statement in accordance with 520-1.5404(b) from subcontractors and consultants.
The contracting officer shall require the contractor to include contract clauses in accordance with 520-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
5 20-1.5411 Waiver In the first_ instance, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director.
Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
Such action shall be strictly limited to those situations in which:
(1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict.
For any such waivers, the justification and approval documents shall be placed in the Public Document Room. i l
l
.e.,+
c 7590-01 920-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this subpart or for any intentional misrepresentation 'or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washincton. D.Cthis 27th day of March 1979.
For the Nuclear Regulatory Commission O
N DJJJ A
- Uk Samuel 0. Chilk Secretary oflthe Commission 1.
.