ML19332D527

Contract: Newspaper Clipping Svcs, Awarded to Press Intelligence,Inc

ML19332D527
Person / Time
Issue date:	11/03/1989
From:	Mark Flynn, Jackie Jones NRC OFFICE OF ADMINISTRATION (ADM), PRESS INTELLIGENCE, INC.
To:
Shared Package
ML19332D525	List: ML19332D524 ML19332D527
References
CON-FIN-D-1873, CON-FIN-D-1873-0, CON-NRC-39-90-186 NUDOCS 8912040085
Download: ML19332D527 (65)

Text

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NRCJ39-90-186' November 1. 1989

- RS-IDM-90-186

.. AOM Na r tR Lo e v ut o,ng,non e,,,, u cc:E L, CooE { _

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+ unsueOev-UAS. Nuclear Regulatory Commission _

~ Division of-Contracts and Property

. Management"

- Washinoton. OC :20555

..ctLiveRv a N AMc A~wooR us OF CON T R Act o R.s...,ru t...tv. cour,tva,et, ano m codr, Press Intelligence, Inc.

[:ceOsicin g OTsER tsce.cio-,

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1334 G' Street, N.W.

.. oiscovNT roR pRou,T PAvMeNT Washington - DC 200005

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s Net 30 g

10 S.; SMIT INVOICES -

l'iEM -

" co>ic"a*a a'a*

1See Section kesc snec /ic<ts TO THE CODE'

F ACILITY CODE I ADDREES SHOWN IN-b.2

11. bMied T O.M Awes F OR

12. PAY MLN I WeLL til M6L 8 4 cc:s #

poog i U.S. Nuclear Regulatory Commission Division of Accounting'& Finance Gov /Com Sectior

See Section F.3 Washinoton. DC 20555

44. ACCQUN TING AND ANHOPRI AT 40N DAT A 0- 18 M4 n.guTHORity rOR Lsino OT-e R TMAN euLL AND OPEN COMPE fi-B&R No.: 0102009250 FIN No.: G7%

i ta u S C.:3can i

R.:

S casatch i

APPN No.: 31X0200.010 OBLIGATED:

$36,000.00

'5A ITEM NO.I 158. SUPPL'E S!SE RVICES I

15C OUANTITY - i150.NITi 15E UNIT P8 RICE ) ISF AMOUNT l

1

~J The U.S. Nuclear Regulatory Commiss ion hereby accdpts Press Intelligence, lnc.'s bid dated: August 22, 1989 in respor se to IFB No. F S-IRM-90-186, entitled

" Newspaper Clipping Services."

l g912040085 e91103 I

._[

165 PDC 15G. TOTAL AMOUNT OF CONTR ACT >'S 83.760.00

16. TABLE OF CONTENTS 6 ISEC. '

DESCRIPTIC'.

IP AGE (S)

V) ISEC !

C E SC RIPTIOA, IPAGEIS)

PART I - THE SCHEDULE PART't - CCNTR ACT CLAUSE 5

-Xl A i SOLtCITATiONICONTR ACT F":V i 1 l I I CONTR ACT CL A.SES I

Xl B ! SUPPLIES OR SET / ICES AND ::'CESICOSTS I 2 PART Ill-LIST OF DCCLYENTS.EXMIBITS AND OTHER ATT ACH.

I C ' DESCRIPTIONISPECSfNORK S~ATEMENT i

X{ J l LIST OC ATTAC-itENTC i d

! O t PACKAGING ANO MARK:NG PART IV - REPRESENTATIONS ANO INSTRUCTIONS I

INSPECTION AND ACCEPT ANCE f

K REPRESENTAMNS.CERTIFIC ATIONS ANo

~iE 2

Xl F 8 CELIVERIES OR PERFORMANCE

! 3 OTHER STATE'.'ENTC OF OFFERORS l

Xi G i CONTR ACT ADMINISTR ATICN C ATA i

'3 L lINSTRS CONCS AND NOTICES TO CF FERORS b Hs i SPECIAL CONTR ACT AECUIR:'.'ENTS I

M i EV ALU ATION = aC*C AS FOR AWARD 6

CONTRACTING OFFICER WILL COMPLETEITEM 110R 18 AS APPLICABLE

- 17; CONTRACTOR'S NEGOTtATED AGREEMENT ICormaetor as re-18.

AWARO IContractor us not venunted to scan thsa document.1 Your nutr?d to sogn this document and return copses to issusne offnce.s otter on SolsCatation Humoer 00fitractor agttet 10 turnesn and deHver all items or cerform als tne services let mCludm9 Ine 3Gdstions or Caenges maae py you wnicn additions or Cnanges

' Orth OF Otnerwise actritified aDOve and On ay COntenuation Smeets for tne are set fortn m full 400ve. 5 Strecy 4CCe0ted 45 to tne items istled 4 Dove and 00ntideration Stated nereen. The regnti and CCalgtt Ons ut tne Dertiet 10 (nli Jn any Contmuetion sneef t. **il awarO Consummates the Contract wneCn Con-

Qntract Snail De SUDieCt 10 and 90verneO Dy tf*e 'Ollowing 00Cuments: (a) Inst

$ssts of tne rollomng 00 Cur" eats-ea) Int Government'S 10hCit4UOn and your

- Saar3/ Contract.10) tne SolicitateOn, if any, and 'C) SuCn DrOvitaOn5. representa-of f er, and (D) tf5:1 awarac C0"M ACt. % t ur tner Contractual document 45 neCet-in 0rD0f ated 0)

Sary.

Sons. CertitaCatiOnt and 10eCtf eCallon1. 45 4'e attaCned Or s

retirinCe noresn..(A(techments are issled herfM #

49A. NAME AND TITLE OF SIGNER iT>pe u prmit 20A. NAME OF CON T R ACT NG GF FICE R a) iso _I, / I dJ01,h:

1/1 Mark J. Flynn 194N AME OF CONT R ACTOR 19C. OATE SIGNEO 200. UNITED ST T 5O M ER aC A 20C. DATE 56GNLD (48 J

h DI 4 1(signatuy o/ Con Qerms officer, 10/31/89

,d tStanoture o/ person esathorued ro savns

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N5. _h.540 0 3 15_2 8069 ST.A.,N..D..A.,R D, FO RM 26 ( R E V. 4 8 5 )

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m Page 2 of 4

.NRC-39-90-186 1.

Section'B.1' entitled "Brief'Descriptien'of Work" is hereby completed as

'follows:

Estimated Unit

+

o

.o Quantity.

Unit Price Amount

1. I ame day-daily and weekend 2,400-EA.

$.90

$ 2,160 S

newspaper clippings in accordance'with.Section C.1.3., Paragraph A.1 (Monthly estimate -

100 clips per month)

-2i National newspaper 48,000 EA.

$.90

$43,200 clippings in accordance with Section C.I.3.,

Paragraph B.2 (Monthly estimate - 2,000 clips per month)*

l --

• SPECIAL NOTE:

To prevent interruption of service due to the time lag in delivery of national clippings, the

, contractor shall be responsible for. service covering the thirty (30)

-day period prior.to November 1, 1989, the effective date of the contract.

Delivery of 4

clippings for this period sh'all be made no later than

' November 16, 1989, 8:30 a.m.

eastern standard time.

3.

Monthly Reading (For Items 24 MO.

$1,600 $38.400 1 and 2 above)

TOTAL AMOUNT:

$83,760

a p$

a 7

.Page 3'of 4 NRC-39-90-186 p

2.

Section.B.2 entitled " Consideration and;0bitgation--Firm Fixed Price,"

is'hereby revised as follows:

C I

B,2 CONSIDERATION AND OBLIGATION-a, The total = estimated amount-of'this contract (ceiling) for the-products / services ordered, delivered, and accepted under this o

contract is-$83,760.00.

The Contracting Officer may unilaterally I

increase this amount as necessary for completion of orders placed with the Contractor during-the contract period provided such orders are within any maximum ordering limitation prescribed under this b

contract,

b. The amount presently obligated with respect to this contract is

$36,000.00.

The Contracting Officer or other individual specifically authorized under this contract may issue orders for work up to the amount presently obligated.

This coligated amount I

may be unilaterally increased from time to. time by the Contracting

.0fficer by written modification to this contract. The obligated amount shall, at no time, exceed the contract ceiling as specified in paragraph a above. When and if the amount (s) paid an'd payable to I

the Contractor hereunder shall equal the obligatec amount, the

. Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall-increase the p

amount obligated with respect to this contract. Any work uncertaken

- by the Contractor in excess of the obligated amount specified above-is done so at the Contractor's sole risk.

3.

Section F.2 entitled " Duration of Contract ?eriod" is nereby revised to-read as follows:

F.2 DURATION OF CONTRACT PERIOD The contract shall commence on November 1, 1989 and snali expire on

.f October 31, 1991.

4 Paragraph a. of Section G.1 entitled " Project Officer Authority" is jl hereby completed as follows:

The Contracting Officer's authorized representative hereinafter a.

referred to as the Project Of ficer for this contract 's:

Name:

Eileen Chen Address:

Library Branch Division of Information Succort Services Washington, DC 20555 Telephone No.-

301/492-8501 n

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NRC-39-90-186-

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4 L5;

.Section.G.2 entitled " Remittance' Address" is hereby deleted-:in its d

J entirety. ; Substitute:injli_eu thereof; the following:

g. 3 [

('

~.1 L.G.2'LPAYMENTL 1

N

Invoicesivill:be paid in'accordance'with Attachment No./1' entitled-d 2

M

' " Billing? Instructions-for Fixed Priced Contracts" as' revised 8/89.

?

1 l-e" 6.

'Att'achment No.11' entitled " Billing--' Instructions" under Section M:is?

hereby deleted in its -entirety. ~ Substitute:in. lieu thereof-theJ

,,l

~

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following:

e l Billing Instructions'_forJFixed. Price Contracts <

ti

Attachment:

No, 4 1M, Revised 8/89 W

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! SOLICITATION. 0FFER AND AWARD 7'r Page 1 of-2 Pages-M

1. 'This contract is a rated order under OPAS(15 CFR 350): RATING:

F

2. CONTRACT NO.

l3. SOLICITATION _NO.

l4, TYPE OF SOLICITATION l

RS-IRM-90-186 L

(X) SEALED BID (IFB) r O

l l

( ) NEGOTIATED (RFP)-

3 l-lTHIS'IS A 100% SMALL' BUSINESS SET-ASIDEJ

5. DATE ISSUED l6. REQUISITION / PURCHASE REQ. NO.

7/24/89 l

RS-IRM-90-186 k5

-7 ISSUED BY CODE

8. ADDRESS OFFER TO L-l

.(If.other than Item 7)

E

'U.S.-Nuclear Regulatory Commission l-Offer must be addressed as shown Olv. of-Contracts & Property Mgmt.

l in Item 7.

Handcarried offers Contract Neg. Branch No.1; P-1020 l

(including Express Mail) must be-

' Washington, DC 20555

[

delivered to the address in Item 9 t

[

NOTE: In sealed bid solicitations, " offer" and "of feror" mean ',' bid" ano

" bidder".

~

SOLICITATION i

9. Sealed offers in original and 3 signed copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Room 1011, 7920 Norfolk Avenue, Bethesda,- MD 20814, until 2:00 p.m. local time on 3/23/89.

CAUTION-LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No.

52.214-7 or 52.215-10.

All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATIONlA.'NAME:

lB. TELEPHONE NO. (Include Area Code) lSharon D. Mearse l

(NO COLLECT CALLS)

CALL:

l l

301/492-4276 l

l 11.

TABLE OF CONTENTS X SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE A-SOLICITATION / CONTRACT FORM B

SUPPLIES OR SERVICES AND PRICES / COSTS C

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D

PACKAGING AND MARKING s

E INSPECTION AND ACCEPTANCE F

DELIVERIES OR PERFORMANCE G

CONTRACT ADMINISTRATION DATA H-SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I

CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J

LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K

REPRESENTATIONS, CERTIFICATIONS AND OTPER STATEMENTS OF OFFERORS L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M

EVALUATION FACTORS FOR AWARD OFFER (Must be fully completec by offeror)

NOTE: -Item 12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period.

EXCEPTION TO STANDARD FORM 33 (REV.4-85)

Prescribed by GSA FAR(48 CFR) 53.214(c)

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3, F.i

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estILII A

..t, wife ( AND AWA60 L.qI s

4 -

Pege 2 Of 2 Pages

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.12. In. compliance with tne acave, tne gncersignec agrees, if tnis-Offer;is

' accepted within' calendar days (60 calencar days unless a different period

'irminsertec'byLthe offere-)'from,the'date for receiet of offers s:ecified above, 'to furnish any or all items uoon which prices are offered at the price' set opposite'each item, celivered at the designated point (s),-within the time-specified in-tne schedule.

~

.-13, DISCOUNT FOR PROMPT C AY. MENT (See Section I,= Clause No. 52.232-E) jn 10' CALENDAR CAYS 20 CALENDAR DAYS 30 CALENDAR DAYS N/ CALENDAR DAYS

,/

1 t/

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~

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14. ACKNOWLEDGEMENT OF AMENDMENT 5 (-The offeror a knowledges receipt of amencments to the SOLICITATION for offerers anc related cocuments numoered ano dated:

AMENDMENT NO.

/

JATE 74 by AMENDMENT NO.

DATE

~

15A, NAME AND f CODE,

ACILITY ;-

l16. NAME-AND TITLE OF :ERSON

+

ADDRESS j

l AUTHORIZED 'O SIGN OFFER

)

I.p,,M3 9.. i.,A,,.L.,,,..,., H C,.

O r,.

(, type or prin-3 3,3 4 e e.,.. e e t...u..W,.

'3......"~"

a r-

Washi.Uta., D.C. 2000 >

. ) /'WA ' 7'} n g c' t IEE TELEPHONE NO {inc;;;e Area

5. CHECK'I REMITTANCE ADDRESS IS Cone)

'i i CIFFERENT FROM ABOVE - ENTER SUCH e'

ACDRESS IN SCHEDULE

.i,'

f*

y IL

17. s1]N,-

GNAIuRE; IE. OF:ER CATE:

/'/

o-v /., _ ; b 7

/. uu_t,. g

.#Ne. g p-AWAR (To De ::moletec ey Government)

/

.)

19. AC7E;TED AS TO ITEMS NJMEERED;20. AMOUNT ZI ACCOUNTING ANO A :ROPR!ATION In-

./

.22. AUTHORITY'::R USING.

s NAN :..L AND OEEN CCMPETITION:

(-)~10 U.S.C. 2504(c)(

(' ) AI U.S.C. 2ES(c)( )

23.;5U5MIT INVCI:E5 TO AC;RE55 SH0wN IN

ITEM

~

(4 cc:1es unless etne-wise soecified) l m.

7;

24. ADMINISTEREC EY CC:E ZE.DkVMENTWILLEEMADEEV lCCE :

(If c~ ner tnan Item

U.S. Nuclear Regulatery ::mmission t

Division of Accounting anc Finance GOV /COM Accounting Section Wasnington, DC 20EEE 26.NAMEOFCONTRACTINGC:::CER;2',UNITEDSTATES0~ AMERICA

25. AWARD

'(Type or Orint)

DATE l(5'gnature of Contractino Office-)'

IMPORTANT - Awarc will be maae on tris -Orm or en stancarc Form 2E, or y otner a.tneri:ec Offi:ial written noticei

. EXCEPTION TO STANDARD FORv 33 (REV.0-EE) w

~

{.4 s

m s

1.'

k

~

. PAGE. 3

. TABLE OF CONTENTS; SOLICITATION, OFFER AND. AWARD.. r.............. -

1.

-TABLE OF CONTENTS...........................:

3' PART I -:THE-SCHEDULE....................

7 --

SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS..........

.7 :

B.1 BRIEF DESCRIPTION OF. WORK (MAR 1987) 7-B.2 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE......

8 1

(JUNE <1988)

.SECTION.C'- DESCRIPTION / SPECIFICATION....

9

/ WORK STATEMENT C.l.

STATEMENT'0F WORK:(MAR 1987)...............,.

9

.SECTION D - PACKAGING:AND MARKING...

-13!

D.1 PACKAGING AND MARKING'(MAR 1987).

13.

SECTION E -' INSPECTION AND ACCEPTANCE................

14' E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE,

14 4

x

'SECTION F -. DELIVERIES OR PERFORMANCE................

15 F.1' NOTICE ^ LISTING CONTRACT CLAUSES INCORPORATED BY. REFERENCE..

15 F.2 ' DURATION OF CONTRACT PERIOD (MAR 1987)..

15 ALTERNATE.I (JUNE 1988)

'F. 3 DELIVERIES AND PERFORMANCE......,,...

15 l

1 SECTION G'- CONTRACT' ADMINISTRATION DATA.......

17-

.G.1 PROJECT OFFICER AUTHORITY (MAR 1987).....

17 ALTERNATE.II (MAR 1987) l G.2 REMITTANCE ADDRESS.(MAR 1987) 17 I

SECTION'H - SPECIAL CONTRACT REQUIREMENTS......

19 f

H.- 1 PRIVATE USE Or CONTRACT INFORMATION AND DATA (JUNE 1988)..

19 j

H.2 ORGANIZATIONAL CONFLICTS OF INTEREST..

19 j

(OMB CLEARANCE NUMBER 3150-0112) (JUNE 1988)

H.3

-DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS....

21 (JUNE 1988) j H.4 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROV!DED 21 l

(JUNE 1988) y H.5 SERVICE CONTRACT ACT OF 1965, AS AMENDED (52.222-41)....

21 j

(MAY 1989)

H.6 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -...

29 PRICE ADJUSTMENT. (52.222-44) (MAY 1989)

PART II - CONTRACT CLAUSES.

31 L ECTION I CONTRACT CLAUSES 31

/

S I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 31 I.2 REQUIREMENTS (FAR 52.216-21) (APR 1984) 32 I.3 CLAUSES INCORPORATED BY REFERENCE 33 (FAR 52.252-2) (JUN 1988)

]

1.4 PROMPT PAYMENT (52.232-25) (APR 1989) 33 I5 DISCOUNTS FOR PROMPT PAYMENT (52.232-8) ( APR 1989).

37 I

[ jggm'

~

' 3l,j TABLE OF CONTENTS :

PAGE J 4 Is6' ELECTRONIC [ FUNDS:TRANSFERPAYMENTMETHODS.,........

- 38 y Y

e i

-(52.232-28)'(APR~1989)-

31.7 DRUG-FREE WORKPLACE;(FAR 52.273-6)..............

39-

~ >

LI.64 REEDIES FOR ILLEGAL OR IWROPER ACTIVITY (52.203-10) (PAY 1989) 41 2PART III LIST OF DOCUMENTS, EXHIBITS.. x 4 2.- ^

AND OTHER ATTACHMENTS 7

e 42:

SECTION J ~ LIST OF ATTACHMENTS......'.............

?J.1- - ATTACHMENTS '(MAR 1987).............. c.

42 IPA'T IV - REPRESENTATIONS AND : INSTRUCTIONS...

!43' R

SECTION K ' - REPRESENTATIONS, CERTIFICATIONS AND..........

43~

OTHER. STATEMENTS OF 0FFERORS s,

iK.1 CERTIFICATE nF INDEPENDENT PRICE..............

43-

-M

_' K. 2 ' CONTINGENT FEE REPRESENTATION AND.......

'44

'L DETERMINATION,(FAR 52.203-2) (APR 1985)

I

, AGREEMENT-(FAR-52/203-4) ( APR 1984)

K.'3.

TAXPAYER IDENTIFICATION (FAR 52.204-3) (NOV;1988).....

43 K.4

TYPE OF BUSINESS ORGANIZATION--SEALED BIDDING ~

46

(FAR 52' 214-2) (JUL 1987)

K.5 PARENT COMPANY AND IDENTIFYING DATA.

46 i

'(FAR 52.214-8) (APR 1984)

K.6

-PLACE OF PERFORMANCE--SEALED BIDDING.

47-a (FAR 52.214-14)-( APR'1985)

K. 7 - MINIMUM BID ACCEPTANCE PERIOD-,.....

47 t '?

(FAR 52.~214-16)-(APR' 1984)

Ki 8 SMALL BUSINESS: CONCERN REPRESENTATION..

'48

-(FAR _52.219-1). (MAY-1986)

K.9 SMALL DISADVANTAGED BUSINESS CONCERN......

48 REPRESENTATION: (FAR 52.219-2) (APR 1984)

K 101 WOMEN-0WNED.SMALL BUSINESS REPRESENTATION.

49 T

'(FAR 52.219-3) ( APR 1984) s K.11' PREFERENCE FOR LABOR SURPLUS AREA CONCERNS.

49 (FAR 52.220-1) ( APR 1984)

.K 12 CERTIFICATION.0F NONSEGREGATED FACILITIES......

50 (FAR _52.222-21) ( AP'l 1984)

D K 13 PREVIOUS CONTRACTS AND COMPLIANCE RFPORTS...

50 (FAR 52.222-22) (APR 1984)

K.14 AFFIRMATIVE ACTION COMoLIANCE 51

-(FAR 52.222-25)-(APR 1984)

~ K.~ 15 ORGANIZATIONAL CONFLICTS OF INTEREST (JUNE 1988).

51

.K.16 QUALIFICATIONS OF CONTRACT EMPLOYEES (JUNE 1988).

51

,K.17 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT (JUNE 1988).

51 K.-18 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,.

52 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (52.209-5) (MAY 1989)

K.19. CERTIFICATION REGARDING A DRUG-FREE WORKPLACE 53 (FAR 52.223-5)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES.

56 TO OFFER 0RS L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED 56 BY REFERENCE L.2 PERIOD FOR ACCEPTANCE OF BIOS 56

"TP y g-

"'S)

TABLE OF CONTENTS

.PAGE

.5-'

(FAR 52.'214-15). ( APR 1984)-

L.3; SERVICE OF PROTEST (FAR 52.233-2) (NOV 1988).

56

.L.4? ~ SOLICITATION PROVISIONS INCORPORATED BY 57 REFERENCE (FAR 52.252-1)- (JUN 1988) a

~ L. S. SMALL BUSINESS SIZE STANDARD AND PRODUCT. CLASSIFICATICN'.,.. -

SS i

-(MAR 1987)-ALTERNATE I (MAR 1987)

L. 6 DISPOSITION OF BIDS (MAR 1987).

........ I.

58 L. 7 NONDISCRIMINATION BECAUSE OF AGE'(FAR 22.901) (MAR 1997)..

SS i

L. B LOCATION OF BID OPENING (MAR 1987)....... L...,.. _

58 n'

'L. 9 f ' ABSTRACT OF BIDS (MAR 1987)........,......

59

.," t L Of 0ATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (MAR 1987)..

59' i

"L. '1. TIMELY RECEIPT OF, PROPOSALS / BIDS-(JUNE 1988)........

59 SECTION M - EVALUATION FACTORS.FOR AWARD.

63 M1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED....

60 BY REFERENCE M.2-BIDDER OVALIFICATIONS AND PAST EXPERIENCES.-(MAR 1967).

60 j

M.3 BID EVALVATICN (JUNE 1988).

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'RS-IRN-90-1]

-S'ction B-.

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Page17:

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PARTLIl-:THE SCHEDULE:

i 9

f i SECTION.E'- SUPPLIES OR' SERVICES AND PRICE / COSTS 4

hp

=

G, 9 B.1 BRIEF DESCRIPTION OF WORK-(MAR 1987)1 1

m Estimated..

' Uniti 4; = (

Quantity Unit :: Price Amount g1 (f

.1.

JSame day-daily'and weekend 2.400 EA.

5

~

newspaper. clippings in:

o "'

accordance with Section'.

is

' C,1'. 3., Paragraph 1 (Monthly. estimate;-'

-100 clips per month)-

2.

National; newspaper 48,000

'EA.

3

! clippings in accordance-wi th Section. C.1,3...

. Pa ragraph. 2 - (Monthly estimate 2,000 clips-y

.per month)*

• SPECIAL NOTE: ~.To: prevent interruption of. service due' to'theLtime lag in delivery

. of nationa'l clippings, the contractor shall be-i, responsible;for service a

covering the' thirty (30)

' day period prior to LNovember.1, 1989, the effective date of the

~

- contract.- Delivery'of clippings for this period shall be made no later then November 16, 1989,'8:30 a.m.

4

~j eastern standard time.

p 9

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T7 Page 8~

RS-IRM-90-186 Section B ms.

u-Estimated Unit Quantity Unit Price Amount 3.

Monthly. Reading (For itemt 24 M0.

1 and 2 above)

TOTAL AMOUNT:

See Section M.3, Bid Evaluation, for information pertinent to the above items.

(End of Clause) 8.2 CONSIDERATION AND OBLIGATION--FIRM FIXE 0 PRICE (JUNE-1988)

The firm fixed price of this contract is ___*___.

(End of Clause) 85%e

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• U Page 9:

(

,.RS-IRM C Secticn-C-hs SECTION C - DESCRIPTION / SPECIFICATION'

~

/ WORK STATEMENT

e e

r C. I'

. STATEMENT OF WORK (MAR 1987)

C.

1.1 BACKGROUND

The Library Branch of the NRC's Division of Information Support-Services is responsible for providing senior NRC 1

management with a-summary of relevant news clippings in a capsule. format.

To accomplish,this, the Library staff.

6#

gathtrs news clippings and prepares the NRC Media

- Monitor..for daily = in-house distribution, h

C.1 1 OBJECTIVE E

To meet this requirement, the NRC requires the assistance L

'and support of a national clipping service contractor in

[

the gathering and clipping of news articles on a local p-and nationwide basis. -The required clippings must be p

only those relevant to the NRC mission,

C C.I.3 SPECIFICATIONS L '

The contractor shall furnish all necessary qualified b

. personnel, facilities, equipment and materials (including newspapers) unless otherwise specified herein, to perform the following:.-

i 1.

SAME-DAY DAILY AND WEEKEND NEWSPAPER CLIPPINGS The contractor shall furnish original clippings of all relevant information from the following f

newspapers, (including Saturday and Sunday. issues) on a daily government workday basis:

.- New York Times

- Wall Street Journal

- Washington Post U

Same-day clips shall include all relevant c

information in the newspapers, including that contained in syndicated columns, local staff columns, editorials, and letters to the editor.

(See Paragraph 4 below for a definition of " relevant information.") A;l same-day clips shall be prepared and delivered by 8:30 a.m., eastern standard time-l:

Monday through Friday, excluding national holidays and weekends.

Weekend and holiday clips shall be prepared and delivered by 8:30 a.m. eastern standarc

,.lu

-d.--

y

i, +

_Page-10 f,

.RS-IRM-90-186~

Section C

.c time on the first Government workday following the weekend or holiday.

2.

NATIONAL CLIPPINGS i

The. contractor shall deliver to the NRC Library original clippings of-all information appearing in each of approximately 4,000 daily,. weekly, and weekend newspapers published throughout the United States, in accordance with the following schedule:

Tuesday'- Friday of "ach week-Within 20 days of publication Monday of each week Within 22 days of publication National holiday (Monday)

Within.23 days of publication l

4 The NRC recognizes that certain publications may routinely not reach the contractor in time for review and submission of clippings within the required period, despite the best efforts of the

. contractor.

In these instances only, the contractor shall not forward such articles.

Articles arriving.

j at NRC beyond.the acceptance period set forth in the t

above schedule will be rejected as unacceptable.

Clips shall. include all relevant information incluaing those contained in syndicated columns, editorials, and. letters to the editor, (See Paragraph 4 below for a definition of relevant information.)

3.

PREPARATION OF CLIPPINGS Preparation of clippings shall be accomplished by l

clipping the news article from the newsoaper source and past~fng the clipping on 8-1/2 x 11 inch, 20-weight white bond paper, There shall be a one-inch margin on all four edges of the paper.

Clippings shall not be mounted diagonally nor at random.

To the fullest possible extent, clippings shall be placed in columns running down the 11-inch dimension of the sheets.

Clippings shall be placed between the articles and assuring readability.

Above each clipping shall be placed the source and data of publication.

The contractor shall insure that no duplicate articles are submitted.

This is particularly possible with syndicated articles, but it may arise in other items to be clipped.

The Government will reject duplichte, non-aoplicable, illegible, incomplete, or uncated clippings.

t

-- ;?,'4 :

Pag'e 11~

l?

RS-IRM-90-186,

Section!C

>p

.01 4

RELEVANT INFORMATION.

The contractor shall: use' the following subject-item 1

list as a source guide for the defini. tion of i

relevant information.

If an article deals with'any.

of the'following items, the ecntractor shall. clip i

the article and furnish it as required above to.the

~

NRC.-

i A.

Nuclear Energy (Except when related to l weapons);

1.

Atomic Energy 2.

Commercial nuclear power plants 3.-

Manufacturing components for nuclear power plants

-4, Nuclear energy

-5.

. Nuclear ~ fuel (including reprocessing and i'

transportation 6.-

Nuclear-power research and development 7.

Nuclear materials management (transportation and safeguards) 8.

Nuclear health and safety:(regulatory only) 9.

Nuclear power 10.

~ Nuclear. power plant radiation, including environmental effects 11.

Nuclear reactors and power

-12.

Nuclear safeguards 13.

Nuclear waste management, storage,.and transportation.

14.

Plutonium 15.

Thorium 16.

Uranium 17.--

Emergency response preparedness / plans 18.

Earthquakes and geologic / seismic hazards 19.

Foreign countries' plans for utilization-of nuclear materials or installation and operation of nuclear power reactors B.

Energy (Only When Related to Nuclear Power) 1.

National energy policy 2.

Air and water pollution related to production of electric pnwer by nuclear plants 2

Electric utility companies - plans, finances, rates, etc.

4 Power shortages.and conservation (blackouts, brownouts) 5.

Power transmission lines 6.

Projections, plans. policies, decisions, statistics 7.

Siting of nuclear and fossil fueled power plants 9

-,m-

pp{Q.l< l s

- RS-IRM-90-186

~

]

.Page121 Section '. C.

s em

~8.

LThermal_ pollution resulting-from operation

'of nuclear facilities-

~

7 g

C.

. Agencies.(When -Related to Nuclear Power).

t-l '.

. Nuclear ~ Regulatory Commission 2.

= Environmental Protection Agencys e_,

3.

' Department of Energy.

4.

U.S. Congress) 5..

Foreign.and international atomic energy-q,

. agencies D.'

Miscellaneous 1.

The contractor shall not clip advertisements, cartoons.or comic strips even though'they mightlcontain details.of p.

those items under Paragraph 4-of-Section C.

2.

To meet NRC's requirements, the contractor' is expected to read the. entire contents of-

?

r each newspaper except the obituaries, a

L

. classified advertisements, and comics.1 l

-(End of Clause) p f.-

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RS-IRM-90-186/

Section D-yng:.

Page 13J s,

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>;g e:

SECTION D-- PACKAGING AND MARKING-m>

t i

4 L D.1 PACKAGING AND MARKING (MAR 1987)-

.4 o

The; Contractor shall ' package material ~ for shipment to the'NRC.

' f sin'such a manner that will insure ~ acceptance.by common carrier and t

safe delivery at destination.

Containers and closures shall comply

[

V with.the-Interstate Commerce Commission. Regulations,. Uniform Freight

~ !-

[

- Classification Rules; or' regulations of other carriers;as-applicable..

E to the; mode of. transpcrtation. - On the front of; the package. the Contractor shall clearly identify the contract. number under which l

s fi the product is being provided..

j

?>

(End of Clause) j i

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Page"j24'

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-RS-IRM-90-186; Section E w

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SECTION E'-

INSPECTION AND' ACCEPTANCE-L E.1j NOTICE'LI$ TING CONTRACT CLAUSES; INCORPORATED BY REFERENCE

?

' NOTICE:

The.following solicitation provisions and/or contract clauses pertinent to_this.section are hereby incorporated by reference::

~

i

FEDERAL' ACQUISITION REGULATION. (48 CFR CHAPTER 1)

N o

l

' NUMBER DATE TITLE i

52 246-4.. APR'1984' INSPECTION OF SERVICES -- FIXED-PRICE-l

. f L

2 l

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RS-IRM-90-186' Section F SECTION F - DELIVERIES OR PERFORMANCE I F.1 ^ ' NOTICE LISTING CONTRACT. CLAUSES INCORPORATED BY REFERENCE-n NDTICE:

The following_ solicitation provisions and/or cont act c'lauses pertinent to this section are_hereby incorporated by p

reference:

FEDERAL ACQUISITION REGULATION-(48 CFR CHAPTER 1).

i.i NUMBER' DATE TITLE n

None by reference.

l e

?.

F. 2 - DURATION OF CONTRACT PERIOD (MAR 1987)

L ALTERNATE I (JUNE 1988).

p h

The ordering period for this contract shall commence on l.

.and will expire on A.ny orders issued during-this f

period.shall-be completed within the time specified in the order,

.unless otherwise specified herein.

(See 52.216 Ordering),

(End of Clause)

F.3-DELIVERIES AND PERFORMANCE A.

Time of Delivery The following items shall be delivered in accordance with the below listed schedule:

-Item.

Quantity Delivery 1.

Same day Daily I set originals The contractor and Weekend shall deliver the cx Clippings clippings to NRC by 8:30 a.m. eastern standard time each day excluding weekends and national holidays in accordance with Section C.I.3.1.

4 v'

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1!L '

. RS-IRM-90-186 '

Section F.

6>

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Quantity

. Delivery-t R.: "'.t 2.

Nationwide'-

1 set' originals The contractor'.

l

. Newspapers -,

~

-shall deliver the d

clippings to NRC by?

3

• i

~

8:30 a.m." eastern-i standard time each h

, day excluding.

.f weekends and-national holidays..

1 Clippings'shall be-

'~

O, delivered no later:-

d

('

than acceptance-period set forth in; the schedule under:

Section C.1.3.2..

.i

^

e B.

Place of Delivery i

1 y

Items ~1Tand 2 will'be delivered to the NRC in'accordance with i

the : delivery. schedule. set forth; above to the following address:'

l[

i b

Hand Deliver to:

?

z.

[5

-U.'S. Nuclear Regulatory Commission.

[

7920 Norfolk Avenue Attention:

Library

~!

Bethesda, MD' 20814 I^

(End of Clause)--

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Page: 17 3

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, LR$-IRM-90-186

?Secticn G

~

s SECTION G -' CONTRACT. ADMINISTRATION DATA e-G,1 PROJECT 0FFICER AUTHORITY (MAR -1987)-

Al. TERNATE II (MAR 1987) a.. The Contracting Officer's authorized representative hereinafter referred to as_the Project Officer for this contract is:

-v -

N6me:

Address: _, _* _

Telephone Number:.__

' b'.-

The Project Officer is responsible for:

1)' Monitoring Contractor performance and recommencing to m

the Contracting Officer changes in requirements.

2) -Inspecting and accepting products / services provided uncer the contract.

3) Reviewing all Contractor invoices / vouchers reauest_ing

> payment'for. products / services provided under the contract and making recommendations for approval, disapproval,- or' suspension.

c.

The Project Officer is not authorized to make enanges to the express' terms and conditions of this contract.

(End of Clause)

G.2

. REMITTANCE ADDRESS (MAR 1987)

If item 15C. of the Standard Form 33 has been checkec, enter the remittance address below.

1.

Name:

4 Address:

7, e

s,

iti_'

,; {

,~

~ -,,,, _.

,,,,ng.,

• ~

Page 18 RS-IRM-90-1D Section G ~

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N N_ N..

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Page'19 I

.RS-IRM-90-186 Section H p

i SECTION H - SPECIAL CONTRACT REQUIREMENTS s

g r

H.1 PRIVATE USE OF CONTRACT INFORMATION AND DATA (JUNE 1988)

I Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished to the' Contractor in the r

performance of this contract shall be used only in connection with the work under this contract.

L (End of Clause) i H.2 ORGANIZATIONAL CONFLICTS. 0F INTEREST 4:

(OMB CLEARANCE NUMBER 3150-0112) (JUNE 1988) 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

.I planned interests (financial, contractual, organizational, or i

otherwise) which relate to the work under this contract, and 2)' Does not obtain an unfair competitive advantage over i

other parties by virtue of its performance of this contract.

b.

Scope.

The restrictions described apoly to performance er

' participation by the Contractor as defined in di CFR $20-i.5402(f) f the activities covered by this clause, c.

Work for others.

Notwithstanding any other provision of this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements. with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being

+

performed under this contract.

The Contractor shall ensure that all employees under this contract abide by the provision of this clause.

If the Contractor celieves with respect to itself or any employee that any proposed consultant or other contractual arrangement with i

any firm or organization may involve a potential conflict of interest, the Contractor shall obtain the written 8pproval of the Contracting Officer prior to execution of such contractual arrangement.

d.' Disclosure after award.

1) The~ Contractor warrants to the best of its knowledge anc belief, and except as otherwise set forth in this contract, that it does not have any organizational conflicts of interest, as defineo in 41 CFR 20-1.5':2(a).

I..

5

lY, a y

Page 20 o

'_RS-IRM-90-186 Section.H I

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 must include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts.

The NRC may,-however, terminate the contract if termination is in the best interest of the i-Government.

L e.

Access to and use of information.

1)

If the Contractor in the performance of this contract i

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 this.information for any private purpose until the information has been released to the public:

(ii) Compete for work for the Commission based on the information for a period of six (6) months after either tt.e completion of this contract or the release nf the' informatien to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public, or (iv) Release the information without prior written approval by the Contracting Officer unless the information has previously been released to the public by the NRC.

2). In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by

[

the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat the 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 01 CFR 20-1.5402(h),

the Contractor shall include this clause, including this caragraph, in subcontracts of any tier.

The terms " contract," " Contractor,"

and " Contracting Officer," must be appropriately modified to preserve the Government's rights.

.g.

Remedies.

For breach of any of the above restrictions or for intentional ~ nondisclosure or misrepresentation of any relevant L

' interest required to be disclosed concerning this contract or for L

such erroneous representations that necessarily imply bad faith, the

igW'.p

~-

K f

Page 21' Bf R$-IRM-90-186-Section H' Government may-terminate the contract for default, disqualify the N'

Contractor from subsequent contractual efforts, and pursue other i

remedies permitted by law or this contract.

h, Waiver,_ A' request for waiver under this clause must be directed in writing through the Contracting Officer to the Executive

. Director for Operations (EDO) in accordance with the procedures F

outlined in 41 CFR 20-1.5411.

(End of Clause)

H.3 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS (JUNE 1988) p t

p Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the' minimum allowable monetary wage and fringe benefits prescribed under i

' Wage Determination Number 86-1259 (Rev. 5) dated September 22, 1988 which is attached (See-Section J for List of Attachments).

(End of Clause)

H.4' GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUNE _1988).

The Government will not provide any equipment / property under this contract, (End of Clause)

H.S SERVICE CONTRACT ACT OF 1965, AS AMENDED (52.222-41)

I

-(MAY 1989)

(a) Definitions. "Act," as used in this clause, means the Service l

Contract Act of.1965, as amended (41 U.S.C. 351, et seq.).

" Contractor," as used in this clause or in any subcontract,'shall be deemed to refer to the subcontractor, except in the term

" Government Prime Contractor."

" Service employee," as used in this clause, means any person engaged in the performance of.this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as-these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons

.regardless of any contractual relationship that may be alleged to ~

i exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause

=does not apply to_:entracts or subcontracts administratively exemoted by _ the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in Sub: art C of 29 CFR Part 4

y, m

f; Page 22.

g RS-IRM-90-186 Section H

-(c) Compensation. (1) Each, service employea employed in.the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be v

furnished fringe benefits in accordance with.the wages and fringe 6

benefits determined byzthe Secretary of Labor, or authorized representative-as specified in any wage determination attached-to this contract.

(2)(1) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not

[-

listed therein ana which is to be employed under the contract (i.e.,

=

-the work to.be performed is not performed by ary classification listed in the wage determination) so as to provide a reasonsole relationship (i.e., appropriate. level of skill comparison) between '

t such unlisted classifications and.the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

[

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall subnit Standard Form (SF) 1444,. Request for Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regar ing the agreement or disagreement of the employees'. author 4:ed representatives or the employees themselves

.together with the-agency recommendation), and all pertinent information to the Wage and Hour Division.. Employment Standards Administration U.S. Department of Labor. The. Wage and Hour Division will approve, mocify, or disapprove the action or render a final

' determination in the event of disagreement within 30 days of receipt

.or will notify the Contracting Officer within 30 days of receipt

..that additional time is necessary, (iii) The finai determination of the conformance action by the s

Wage-and Hour Division shall be transmitted to the Contracting Officer who shall romptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written cc:y of such determination or'it shall be postec as a part of the wage cetermination.

'(iv)(A) The precess of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage 6etermination cannot be reduced to any single formula.

The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be reliec upon, Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federai Wage Board Pay System and the Geperal Schedule) or from other wage determinations issued in the same locality. Basic to the j

i (A

1. • 9' E3 RS~1RM-$0-186 Section H fy establishment of any conformable wage rate (s) is the concept that a pay relationship should be maintained between job classifications i

based on.the skill required and the duties performed.

e (0) In the case of a contract modification, an exercise of an 4

' option,.or extension of an existing contract, or. in any other case.

F

. where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a ~ new conformed wage rate and fringe

. benefits may be assigned to'the conformed class 4fication ey indexing (i.e., adjusting) the previous conformed. rate and fringe cenefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified.for all classifications to be used on the contract which are listed'in the current wage determination, and those specified for the corresponaing classifications in the previously aeplicable wage determination Where conforming actions are accomplisned in accordance with this paragraph prior to the performance of contract work by'the unlisted cisss of. employees, the Contractor snall advise

- the Contracting Officer of the action.taken out the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be catd less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standarcs Act of 1938, as. amended.

(v) The wage rate and fringe benefits finally determineo uncer this subparagraph (c)(2) of this clause shall be paid to all u

employees performing in the classification from the first cay. on i

which contract wor ( is performed by them in the classification.

L Failure to pay the unlisted employees the compensation agreed upon by the interested rarties and/or finally determined by tne Wage anc Hour Division retroactive to the date such class of empicyees commenced contract work-shall be a violation of the Act and this contract.

(vi) Upon disccvery of failure to comply with subparagraph (c)(2) of this clause, tre Wage ar.d Hour Division shall make a final-c determination of ::nformed classification, wage rate, ancfor fringe E

benefits which sha'l be retroactive to the oate such class or classes of employees commenced contract work.

(3) Adjustment Of Compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits

[

required to be paic or furnished thereunder to service emeioyees under this contract shall be subject to adjustment af ter 1 year anc not less often than once every 2 years, under wage determinations L

issued by the Wage and Hour Division.

. (d) Obligation to Furnish Fringe Benefits. The Contrac::r or subcontractor may ischarge the obligation to furnish fri ge benefits specifiec in the attachment or determined under subparagraph (c)(2) of this clause by furnishing equivalea; combinations of beaa fide fringe benefits, or by making e:uivalent Q

C.

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Page 24 RS-IRM-90-186 Section H x:

or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum Wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the_ Fair r

labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor.'or any subcontractor of any other obligation under

.i law or contract for payment of a higher wage to any employee.

(f) Successor Contracts, if this contract succeeds a contract j

subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages i

L and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting # orth such collectively bargained wage rates and

- fringe benefits either the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the l

contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits-;*ov % d for in such collective bargaining agreement, to which such employee would have been entitled if l

employed under the predecessor contract, including accrued wages and i

fringe benefits and any-prospective increases in wages and fringe benefits providec for under such agreement. No Contractor or subcontractor uncer_this' contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.lb(b) apply or unless the Secretary of '_ abor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages 4

and/or fringe berefits provided for in such agreement are subs'antially at.ariance with those which prevail for services of a t

character similar in the locality, or determines, as provided.in 29 CFR 4.11, that tre collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a -esult of arm's length negotiations. Where it is found in accordan:e with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe beaefits contained in a predecessor Contractor's collective barga'-ing agreement are substantially at variance with those which prevai! for services of a character similar in the locality, and/or :nat the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the i

Department will 'ssue a new or revised wage determination setting forth the applica:le wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with t e decision of the Administrator, the Administrative Laa Judge, or the Board of Service Contract Appeals, as the case may :e, irrespective of whether such issuance occurs prior to or af te- :ne award of a contract or subcontract (53 Como.

Gen. 401 (1973)). :n the case of a wage determination issueo solely as a result of a U nding of substantial variance, such determination shall be effecti.e as of the date of the final administrative t

P'9* 25 RS-IRN-90 186 S:cticn:H-7 decision.

(g) Notification to Employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, r

or shall-post the wage determination attached to this contract. The L.

poster provided by the Department of Labor (Publication WH 1313) i shall be posted in a prominent and accessible place at the worksite.

Failure to comply with this requirement is a violation of section p

2(a)(4) of the Act and of this contract.

W (h) Safe and Sanitary Wcrking Conditions. The Contractor or subcontractor shall not permit any part of the services called for.-

by this contract to be perf'ormed in buildings or surroundings or under working conoitions provided by or under the control cr supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or. subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records. (1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives'of the Wage and Hour Division, Empicyment Standards Administration, a record of the P

.following:

L

'(1) For each e noloyee subject to the Act --

[

l

( A) Name and aedress and social security number;.

~

. (B) Correct work classification or classifications, rate or rates i

of monetary wages caid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly 5

compensation:

E (4 Daily and weekly hours worked by each employee; and (D) Any deducthns, rebates, or refunds from the total daily or weekly compensati:n of each employee, f

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determireo by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of tnis clause. A copy of the report required by i

subdivision (c)(2)(11) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor's employees which had been furnishec to the Contractor as prescribed by paragraph (n) of-this clause.

(2) The Contia: or shall also make available a copy of this contract for inspection or transcription by authorized L.~

en h

Page 26 RS-IRM-90-186 Section H.

't representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these

_ records for inspection and transcription shall be a violation of the-i>

regulations and this contract, and in the case of failure to produce P

these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or_ advance of g

funds until the violation ceases.

V l

(4) The Contractor shall permit authorized representatives of'the L

Wage and Hour. Division to conduct interviews with employees at the worksite during normal working hours.

F L

(j) Pay Periods. The Contractor shall unconditionally pay to each h

employee subject to the Act all wages due free and clear and without subsequent-deduction (except as otherwise provided by law or F

Regulations, 29 CFR Part 4), rebate, or kickback on any account.

L These payments _shall be made no later than one pay period following the end of-the regular pay period in which the wages were earned or accrued. A pay. period under this Act may not be of any duration i

longer than semi-monthly.

-(k) Withholding of Payments and Termination of Contract. The 3

Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the

, Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of_ failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the Contracting Officer may,'after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such. violations have ceased. Additionally, any failure to comply witn the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

(1) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act.

(m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or i

any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government i

Prime Contractor snall report such f act to the Contracting Of ficer, together with full information as to the application and accrual of i

i L

such wages and fringe benefits, including any prospective increases, l.

to service employees engaged in work on the contract, and a copy of

{y

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Page 27 E

RS-IRM-90-186 Section H y

b the collective bargaining agreement. Such report shall be made upon' commencing performance of-the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective'at a

[

later time during the period of contract performance such agreements-L shall be_ reported promptly after negotiation thereof.

e L

(n) Seniority List. Not less than '10 days prior to completion of any contract being performed at a Federal facility where service l

employees'may be retained in the performance of the succeeding t

I4 contract and subject to a wage determination which contains vacation or other benefit provisions based-upon length of service with a Contractor (predecessor) or successor (29 CFR a.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified e

list of the names, of all service employees on the. Contractor's or i:

subcontractor's payroll during the last month of contract e

performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor LContractors of each such service employee. The Contracting Officer f

shall turn over such list to the successor Contractor at the commencement of the succeeding contract.

(o) Ruling's and Interpretations. Rulings and interpretations of the Act are contained in Regulations, 29 CFR Part 4.

(p) Contractor's Certification. (1) By entering into this t

contract, the Contractor (and officials thereof) certifies that l

neither it (nor he or she) nor any person or firm whc has a.

substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions-imposec under section 5 of the Act.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act.

(3) The penalty-for making false statements is prescribed in the U.S. Criminal Coce, 18 U.S.C. 1001.

(q) Variations, Tolerances, and Exemptions Involving Employment.

Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business.

(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise reautred by section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of the Act, in accordance with the conditions and procedures prescribed for the employment of l

l t

g,

m Page 28

~RS-IRM-90-186 Section H h

apprentices, student-learners, handicapped persons, and handica.pped clients:of sheltered workshops under section 14 of the Fair Labor.

Standards Act of 1938, in'the regulations issued by the

. Administrator (29 CFR Parts 520, 521, 524, and 525).

(2) The Administrator.will issue certificates under the Act for

the. employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject

to the Fair Labor Standards Act of 1938, or subject to different g

i

' minimum rates of pay under the'two acts, authorizing appropriate rates of. minimum wages '(but without ch'anging renuirements concerning t

fringe benefits or supplementary cash payments in'11eu thereof),

applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1933 (29 CFR Parts 520, 521, 524, and 525).

L (3) The-Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 f

and 528.

(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or' f f no such recognized l

L agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and 1 raining Administration. U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and. fringe benefits contained in the applicable wage determination for the journeyman classification 'of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination.

The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than h

the ratio permitted to the Contractor as to his entire work force

-under the registered program.

(s) Tips. An employee engaged in an occupation in which the emoloyee customarily and regularly receives more than 530 a month in tips may have the amount of these tips. credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations 29 CFR Part 531. However, the amount of credit shall not exceed 51.34 per hour beginning January 1,1981. To use this provision --

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);

I l

l

i Page 29 RS-IRM-90-186 Section H

-t (3) The-employer must be able to show by_ records that the employeeireceives at least the applicable Service Contract Act mitsimum wage through the combination of direct wages and tip credit;-

and 4

(4).The use:of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of-i section-4(c)oftheAct, (t) Disputes Concerning Labor Standards. The U.S. Department of Labor has set forth.in 29 CFR Parts 4, 6, and 8. procedures for

+

resolving' disputes.concerning labor standards requirements. Such disputes'shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the s

i meaning.of this clause include disputes between-the Contractor (or any of its subcontractors) and th3 contracting agency, the U.S.

x Department of labor, or the employees or their representatives.

F (End of clause)

H6-FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT'--

PRICE ADJUSTMENT. (52.222-44) (MAY 1989)

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to Contractor collective bargaining agreements; i>

.(b)' The. Contractor warrants that the prices in this contract do L

not inciude any allowance for any contingency to cuver increased costs for which adjustment is provided under this clause.

(c) The contract price or contract unit price labor rates will be adjusted to reflect increases or decreases by-the Contractor in wages and fringe benefits to the extent that these increases or-decreases are made to comply with --

b (1) An increased or decreased wage determination appliea to this

. contract by operation of. law; or (2) An amendment to the Fair Labor Standaras Act.of 1938 that is enacted subsequent to award of this contract, affects the minimum-

- wage, and becomes applicable to this contract under law.

(d) Any such adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (b) of this clause, and.to the accompanying increases or decreases in social

. security and unemployment taxes and workers' compensation insurance; it shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(e) The Contractor shall notify the Contracting Of ficer of any l-increase claimeo under this clause within 30 days after the effective date of the wage change, unless this period is extended by the Contracting Officer in writing.

The Contractor shall promptly o

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Page 30 R$*1RM-90-186

'Section H 2

-t-

,L 4

notify the Contracting Of ficer of any decrease under this. clause.

h but nothing.in.the clause shall preclude the Government from, L

asserting-a> claim within the period permitted by lawvThe notice i

l~

shall-contain a statement ofithe amount claimed and any relevant 4..

p supporting data.that the Contracting 0fficer may reasonably require, p

Upon agreement of the' parties, the contract price or contract unit -

7;.

l' price labor rates shall be modified:in writing.

The Contractor

[t~

.shall continue performance pending agreement on.or determination of t

any such adjustment:and its effective.date.

-l

~

(f)iThe Contracting Officer or an authorized representative shall, until.the expiration of 3 years after final payment under the.

E contract, have access.to and the right to examine any directly-

. pertinent books, documents, papers, and records of the Contractor, r

(End of clause) j t

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Page 31

~~

Section !

RS-IRM-90-186

~

PART II - CONTRACT CLAUSES SECTION.I' - CONTRACT CLAUSES

'I.1, NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE-NOTICE:

The-following solicitation provisions'and/or contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR C'3PTER I)

NUMBER DATE TITLE 52.202-1 APR 1984 -DEFINITIONS 52.203-1 APR 1984 0FFICIALS' NOT TO BENEFIT 52.203-3 APR 1984 GRATUITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203 JUL 1985 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT 52.203-7 0CT 1988 ANTI-KICKBACK PROCEDURES 52.214-29 JAN 1986' ORDER OF PRECEDENCE --

SEALED BIDDING 52.219-6 APR 1984 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE 52.219-8 JUN 1985 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CONCERNS 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.222-37 JAN 1988 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.229-3 APR 1984 FEDERAL, STATE, AND LOCAL TAXES i

52.229-5 APR 1984 TAXES -- CONTRACTS PERFORMED IN U.S.

I POSSESSIONS OR PUERTO RICO i

n -w ;:m s$ $

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Page 32, RS-IRM-90-IS6 Section I.

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52.232 APR 1984 PAYMENTS-

~

EXTRAS 52.232-11 :APR'1984 Sir

52.232-17

APR 1984 INTEREST

'W 52.232-23LJAN,1986 ASSIGNMENT OF CLAIMS.

52.233-1

.APR 1984-l DISPUTES 52.233-3+ EJUN.1985' PROTEST AFTER AWARD E 52.243-IL -AUG 1987. CHANGES --. FIXED. PRICE ALTERNATE I ( APR 1984)

M 52.249-B

-APR 1984-DEFAULT'(FIXED-PRICE '

SUPPLY AND SERVICE)

~

52.2'9-2 APR 1984 TERMINAT10N FOR CONVENIE.';CE'0F

THE.'GOVERNf1ENT (FIXED PRICE)

!.2 REQUIREMENTS.

'This'is a re:uirements contract for tt:e supplies er serviqes s:ecified,-anc effective for the period. stated in the knedule, g-a

,f Except as tnis. contract otherwise provides, the Government shall.

1 tr:er from the" Contractor-all the supplies or services s:ecified in trej$checuleltnat are required to be purchased by the G:vernment-activity specified in'the Schedule, i

(End of. Clause) 3

,1

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Page 33 RS-1RM-90-186 Section I-(End of Clause) 4 1.3 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (JUN 1988)

-This: contract incorporates one or more clauses by reference, with the same force and effect as'if they were given in full ~ text. Upon N

request, the. Contracting Officer will-make their full-text available.

(End o' Clause) y 1.4 PROMPT PAYMENT (52.232-25) ( APR 1989)

.(

Notwithstanding any.other payment clause in this contract, the

'~

Government will make Invoice payments and contract financing payments under tne *.erms and conditions specified in this clause.

Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. Definitions of

. pertinent terms are set forth in 32.90'!. All days referred to in this clause are calendar days, unless therwise specified.

y>

(a) Invoice Payments (1)-For purposes of this clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract or other authorization for supplies or services accepted by the

-Government. This includes payments for. partial deliveries that have.

been accepted by the Government and final cost or fee payments where amounts-owed have been settled between the Government and the

. Contractor.

.(2) Except'as indicated in subparagraph (a)(3) and paragraph (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

(1) The 30th day after'the designated billing office has received a proper invoice from the Contractor.

(ii) The 30th day after Government acceptance of supplies delivered or services performed Dv the Contractor.

On a final J,

invoice where the payment amount is subject to contract settlement actions. acceptance shall be deemed to have occurred on the effective date of the contract settlement.

However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed l

to be the 30th day after the date the Contractor's invoice is dated.

'provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor comoliance with contract requirements.

(3) The,due date on contracts for meat ana meat food products, contracts for perishabfe agricultural commodities, contracts for 1

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-Page 34

. RS-IRM-90-186 Section.I h

dairy prodbets, edible fats or oils, and food products prepared from edible. fats or oils, and contracts not requiring submission of an

~

O invoice' shall be as follows:

1 i-(1) The due date for meat and meat food products, as defined in Section' 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C.

,c 182(3))'and further defined in. Pub. L.98-181 to include any edible

~ fresh or frozen poultry meat, an perishable poultry meat. food product,-fresh eggs, and any perishable egg product, will be as close as possible to, but not later than, the 7th day after product delivery.

(ii) The due date for perishable agricultural commodities, as defined in Section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(44)), will be as close as possible to, but not later than, the 10th day af ter product delivery, unless

/

another date is specified in the contract.

(iii) The due date for dairy products, as defined in Section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C.

4502(e)), edible fats or oils, and food products prepared from edible fats or oils, will be as close as possible to, but not later than the 10th day after the date on which a proper invoice has been received.

(4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed.

An invoice shall be prepared and submitted to the designated billing officer specified in the contract.

A proper invoice must include the items listed in subdivisions (a)(4)(i) through (a)(4)(viii) of this clause.

If the invoice does not comply with these. requirements, then the Contractor will be notified of the defect within 7 days after receipt of the invoice at the designated billing office (3 days for meat and meat food products and 5 days for perishable agricultural commodities, edible f ats or oils, and

.l food products prepared from edible fats or oils).

Untimely j

notification will be taken into account in the computation of any 1

interest penalty owed the Contractor in the manner described in-j subparagraon (a)(6) of this clause, j

i (i) Name.and address of.the Contractor.

i (ii) Invoice date.

i 4

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

l (v) Shipping and payment terms (e.g., shipment number and date of

'i shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments or Government bills of lading.

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.'Page 35-k RS-1RM-90-186 Section 1 (vi) Name and address of Contractor off.icial to whom payment is to be sent (must-be the same as that in the contract or in a. proper

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- notice of assignment).

(vii) Hame (where practicable), title, phonc number and mailing address of person to be notified in event of a defective invoice.

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-(viii) Any other information or documentation required by other p

requirements of the contract (such as evidence of shipment).

(5) An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not made by the due date and the conditions listed in subdivisions (a)(5)(1) through (a)(5)(111) of this clause are met, if applicable.

An interest-penalty shall not be paid on contracts awarded to foreign vendors outside the United States for work performed outside the United States.

(1) A proper invoice was received by the designated billing.

office.

(ii) A receiving report or other Government documentation autnorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the= Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(6) The interest penalty shall be the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other i

i governmental authority. This rate is referred to as the

" Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice payment amount approved by the Government and be compounded in 30-day increments

-inclusive from the first day after the due date through the payment date.

That is, interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period.

If the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in paragraph (a)(4) of this clause, then the due date on the corrected invoice will be adjusted by subtracting the number of days taken beyond the prescribed notific uion of defects period.

Any interest penalty owed the Contractor will be based on this adjusted due date.

Adjustments will be made by the designated payment office for errors in calculating interest penalties, if requested by the Contractor.

(i) For the sole purpose of computing an interest penalty that

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.RS-IRM-90-186~

Section I (9

might'be due the Contractor, Government acceptance shall'be deemed to have occurred constructively on the 7th day (unless otherwise

.specified in_this contract) after the Contractor delivered the suppl 1_es or performed the services in accordance with the terms and r

L conditions of the contract, unless there is a disagreement over quantity, quality, or contractor compliance with a contract, provision, In the event that actual acceptance occurs within the constructive acceptance' period, the determination of an interest penalty shall be based on the actual date of acceptance, The constructive acceptance requirement does not, however, compel i

Government officials to accept supplies or services, perform contract administration functions,_or make payment prior to fulfilling their responsibilities.

(ii) The following periods of time will not be _ included in the determination of an interest penalty:

(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days l

(3 days for meat and meat food products and 5 days for perishable j

agricultural commodities, dairy products, edible fats cr oils, and food products prepared from edible fats or oils).

(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.

(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year.

Interest penalties of less than

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$1.00 need not.be paid.

(iv) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily. withheld or retained in accoraance with the terms of the contract.

Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.

(7) An interest penalty shall also be paid automatically by the designated payment office, without request from the contractor, if a-discount for prompt payment is taken improperly.

The ' interest penalty will be calculated as cescribed in subparagraph (a)(6) of j

.this clause on the amount of ciscount taken for the period beginning l

with the first day af ter the end of the discount period through the date when the Contractor is paid, i

(8)

If this contract was awarded on or after October 1, 1989, a penalty amount, calculated in accordance with regulations issued by the Office of Management and Budget, shall be paid in addition to the interest penalty amount i' the Contractor-(i)

Is owed an interest pe alty; (11)

Is not paid tne interest penalty within 10 days after the

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RS-IRM-90-186 Section 1

[.E date the invoice amount ~is paid;.and

( 11'i) Makes a written demand, not later than 40 days after the date the invoice amount is paid, that the agency pay such a penalty.

(b) Contract Financing Payments-(1) For purposes.of.this clause, " contract financing payment" means a Government disbursement of monies to a. Contractor under a contract clause or other authorization prior to acceptance of supplies or services by the Government.

Contract financing payments include advance payments, progress payments based on cost under the clause at 52.232-16, Progress Payments, progress payments based on a pe centage or stage of completion (32.102(e)(1)) other than those made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or' the clause at 52.232-10. Payments Under y

Fixed-Price Architect-Engineer. Contracts.-and interim' payments on cost type contracts.

(2) For contracts that provide for contract financing, requests for-payment shall be submitted.to the designated billing office as specified in this contract or as directed by the Contracting Officer.

Contract financing payments shall be made on the (insert day. as prescribed by Agency head; if not prescribed, insert 30th day) day af ter receipt of a proper contreict financing request by the designated billing office.

In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designateo payment office is not compelled to make payment by the due date specified.

'j i

(3) For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requests, j

payment shall be made in accordance with the corresponding contract l

terms or as directed by the Contracting Officer, j

(4) Contract financing payments shall not be assessed an interest l

penalty for payment delays.

(c)

If this contract contains the clause at 52.213 1, Fast Payment Precedure, payments will be made within 15 days after the date of receipt of the invoice.

j (End of Clause)

I.5 DISCOUNTS FOR PROMPT PAYMENT (52.232-8) ( APR 1989)

(a) Discounts for prompt payment will not be considered in the i

evaluation of offers.

However, any offered discount will form a part of the award, and will be taken if payment is made within the discount :eriod indicated in the offer by the offeror.

As an alternative to offering a prompt payment discount in conjunction with-the effer, offerors awarced contracts may include prompt payment ciscounts on individual invoices.

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i RS-IRM 90-186 Section I se.

-(b) In connection 'with any discount offered for prompt payment, time shall be computed from the date of the invoice.

For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the I,

payment check or the date on which an electronic funds transfer was made.

(End of Clause)

I.6 ELECTRONIC FUNDS. TRANSFER PAYMENT METHODS (52.232-28) (APR 1989)

Payments under this contract will be made by the Government either

-by-check or electronic funds transfer (through the Treasury Fedline' Payment System (FEDLINE) or the Automated Clearing House (ACH)), at the option of the Government.

After award, but no later than 14 days before an invoice or contract. financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments, and shall submit this

[-

designation to the Contracting Officer or other Government official, i

E as directed.

'(a) For payment through FEDLINE, the Contractor shall provide the following information:

(1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.

(2) The American Bankers Association 9-digit identifying number for wire transfers of the financing institution receiving payment if the institution-has access to the Federal Reserve Communications System.

(3) Payee's account number at the financial institution where funds are to be transferrea.

-(4) If the financial institution does not have access to the j

Federal. Reserve Communications System, name, address, and I

telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains wire transfer activity.

Provide the telegraphic abbreviation and American Sankers Association identifying number for the corresponcent institution.

(b) For payment through ACH, the Contractor shall provide the following information:

(1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE).

(2) Numoer of account to which funds are to be deposited.

(3) Type of depositor account ("C" for checking, "S" for savings).

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L Page 39 RS-IRM-90-186.

Section !

.(4) If the Contractor.is a new enrollee to the ACH system, a t-

" Payment Information Form,"'SF 3881, must be completed before payment can be processed.

'(c) In the event the Contractor, during the performance'of this contract', elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be. received by the appropriate Government official 30 days prior to the date such change is to become effective.

I (d) The documents furnishing tne information required in this I

clause must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well.

1 as the Contractor's name and contract number.

(e) Contractor failure to properly designate a financial

' institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.

(End of Clause)

I.7 DRUG-FREE WORKPLACE (FAR 52.223-6)

(a) Definitions As used in this clause,

" Controlled substance" means a controlled substarce in schedules I through V of section 202 of the Controlled Suostances Act (21 U.S.C. 812) and as further cefined in regulation at 21 CFR 1308.11-1308.15.

" Conviction" means a finoing of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

" Criminal drug statute" means a Federal or non-Federal criminal i

statute involving the manuf acture, distribution, dispensing, j

possession or use of any controlled substance.

j i

" Drug-free workplace" means a site for the performance of work done in connection with a specific contract at which employees of i

the contractor are prohibiteo from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

" Employee" means an employee of a contractor directly engaged in the performance of work under a Government contract.

" Individual" means an offeror / contractor that has no more than one employee including the offeror / contractor.

(b) The Contractor, if otner than an individual, shall --

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LRS-IRM-90-186_.

'Section I',

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b,

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.(1)' Publish a statement notifying its employees that the unlawful.

manufacture,- distribution, dispensing, possession, or use.of a-t

- controlled substance is prohibited in;the contractor's workplace and-f.

specifying the actions that will be taken against employees for s

violations of such prohibition; E

.(2) Establish a drug-free awareness program.to inform such employees about--

(i) The dangers,of drug abuse in the workplace; (ii).The' contractor's policy'of_ maintaining a drug-free L

workplace; e

-(iii) Any available drug counseling, rehabilitation,,and employee

~

assistance programs; and a

f (iv) The penalties that may be imposed upon employees for drug abuse-violations occurring in-the workplace.

(3) Provide all employees engaged in performance of the contract with a-copy of the statement required by subparagraph (b)(1_) of this clause:

.(4) Notify'such empl_yees in the statement required by o

L subcaragraph-(b)(1) of this clause, that as a condition of continued employment on this contract, the-employee will --

('i) Abide by the terms of the statement; and i

(ti)' Notify the employer of any criminal drug statute conviction

_i l

for a violation occurring in the workplace'no later than_five (5) days after'such conviction.

(5) Notify the contracting officer within ten (10) days after receiving notice under subdivision (a)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction:

-(6) Within 30 days after receiving notice under subparagraph (a)(4) of this clause of a conviction, impose the following.

sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace:

(1) Taking appropriate personnel action against such employee, up to and ir.cluding termination; or (ii) Require such employee to satisfactorily participate in a

- drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

l (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this clause.

)

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Page 41 P',;

RS-TRM-90-186 Section I-(c)-The Contractor, if an individual, agrees by awara of the contract or acceptance of a. purchase order, not to engage in the unlawful manufacture,' distribution, dispensing, possession, or use of a-' controlled substance in the performance of this contract.

-(d)'In addition to other remedies available to the Government, the Cortractor's failure to comply with.the requirements.of paragraphs (b) and (c) of_this clause may, pursuant _to FAR 23.506, render the. contractor subject to suspension of contract payments, termination of~the contract for default,.and suspension or debarment.

(End of Clause)

I.S REMEDIES FOR ILLEGAL OR IMPROPER ACTIVITY (52.203-10)

(MAY 1989)

(a) The Government, at its election, may reduce the price of a fixed price type contract or contract modification and the total cost and fee'under a cost-type contract or contract modification by the amount of profit or fee determined as set forth in paragrapn (c) of this clause if the head of the agency or his or her designee, determines that there was a violation of subsection 2N a) of the Office of Federal Procurement Policy Act ( 41 L'. S. C.

423) as implemented in the FAR. In the case of a contract modification, the fee subject to reduction is the fee associated with the particular contract modification.

'b) Prior to making such a fee or profit reduction, the agency head or his.or her designee shall provide to the Contractor a written notice of the action being considered and the basis therefor, The Contractor shall have a period determined by the agency head or his or her designee, but in no event less than 30 L

calendar days after receipt of such notice, to submit in person,

in writing, or through a representative, information and argument in opposition to the proposed reduction. The agency ' head or his or her_ designee may, upon good cause shown, determine to reduce the contract or contract modification price or fee by an amount which is less than the amount determined under paragraph (c) of this clause.

'c) The price or fee reduction referred to in paragraph (a) of this :lause shall be --

(1) For cost plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award:

f:1 For cost plus-incentive-fee contracts, the target fee specified in the contract at thn time of award notwithstanding any minimum fee or " fee floor" specified in the centract.

(3) For cost pl.us-award-fen contracts --

ti) The base fee established in the contract at the time of contract award:

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(li)lIf no: base' fee 1s:specified in the contract, 10 percent'of-4 the amount of each award' fee otherwise payable to the contractor 9

.for each-incentive period or at nach award feetdetermination point.

34) For fixed-price-incentive' contracts, the Government mayJ--

. ;(1) Reduce the contract.' target price and contract target profit 4

.both.by anLamount equal-to the initial target' profit:specified-in the contract:atithe. time of contract award; (11) When.the contract provides for multiplb deliverables, reducelthe amount otherwise payable to the contractor upon each delivery'and-acceptance by an amount determined'by the Contracting-Officer to;be the profit portton of-each payable amount until-the cumulative total: of such reductions is equal to the initial target profit amount specified in the contract at the, time of contract -

'qward; i

')

(iii)-In addition to any other withholdings, retentions or--

reserves, reduce the. amount of progress payments otherwise payable-in connection with each invoice or voucher properly submitted by F-the/ contractor-for payment until the aggregate progress payments amounts so withheld equal the initial target profit established at=

W

-the time,of contract award; or liv) If the' Government elects either (c)(a) (11) or (iii) of "this clause, at the time of total final price establishment, the price -established-in accordance with the incentive price revision previsiens of-the contract sha11 be reduced by an amount equal te' l

~

the amount of initial target profit specified in the contreet at R

L the time of contract award and such reduced price shall be the total. final contract price. Any progress-payments amounts.retainec p

b'

by'the Government in (c)(4)(lii) of this clause shall be returned 4

[

to the1 contractor, if appropriate.

l (5) For firm-fixed price contract or contract modifications, by 10 percent of the initial contract price; 10 percent of the contract modification price;-or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award or modification.

(d) ~he Government may, at its election, reduce a prime J

contractor's price or fee in accordance with the procedures of paragraphs (b) and (c) of this clause for violations of the Act by

.its subcentractors by an amount not to exceed the amount of profit l"

or fee reflected in the subcontract at the time the subcontract was first definitively priced, c

.fe) :n-addition to the remedy in paragraph (a) of this clause, the Government may terminate this contract or modification for

-default. The rights and remedies of the Government specified herein are not exclysive, and are in addition to any other rights and1remedios provided by law or under this contract.

(End of Clause) 1.

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.:RS-IRM-90-$86; Section Jl 4

g L..

PART III - LIST OF DOCUMENTS,. EXHIBITS "c

- AND'0THER ATTACHMENTS'

'SECTION J - LIST OF ATTACHMENTS J '. 1.

ATTACHMENTS'(MAR'1987)

Attachment Number Title

-1l Bi.lling Instructions q

2 NRC Contractor Organizational Conflicts'of Interest-(41 CFR Part 20) 3 Wage Determination-

.g d

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1 1

l

1 r-gn REVISED 8/89 J

BILLING INSTRUCTIONS-FOR FIXED PRICE CONTRACTS General:

The contractor shall prepare vouchers or invoices as prescribed herein.

FAILURE T0. SUBMIT VOUCHERS / INVOICES IN ACCORDANCE WITH THESE 4

INSTRUCTIONS WILL RESULT IN REJECTION OF THE VOUCHER / INVOICE AS IMPROPER.

Form: Claims shall be submitted on the payee's letterhead, voucher / invoice, or' on the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet."

These forms are available -from the U. S. -Government Printing Office, 701 North Capitol Street, Washington, D.C.

20801.

Numoer of Copies: An original and three copies shall be submitted.

Failure to submit all the required copies-will result in rejection of the voucher / invoice as improper, Designated Agency Billing Office:

Vouchers / invoices shall be submitted to L

the following aodress:

U. S. Nuclear Regulatory Commission Division of Contracts and Property Management Contract Administration Branch, Mailstop P-902 Washington, D.C.

20555 HAND-DELIVERY OF VOUCHERS / INVOICES IS DISCOURAGED AND WILL NOT EXPEDITE

- PROCESSING BY NRC.

However, should you choose to deliver vouchers / invoices

~

by hand, including delivery by any express mail services or special delivery services which use a courier or other person to deliver the voucher / invoice in person to the NRC, such vouchers / invoices must be L

adcressed to the above Designated Agency Billing Office and will only be accepted at the following location:

l V. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mail Room Rockville, Maryland 20852 HAND-CARRIED SUEMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVE ADDRESS.

Note that the official receipt date for hand-delivered vouchers / invoices will be the date it is received by the official agency billing office in the Division of Contracts and Property Management.

Agency Payment Office:

Payment will continue to be made by the office designated in the contract in Block 13 of SF 26 or Block 25 of SF 33, whichever is applicable.

m m,

i a

e +

7 REVISED B/89 n

Freauency:

The contractor shall submit an voucher or invoice only after NRC's final. acceptance of services rendered or products delivered,in performance of the contract unless otherwise specified in the contract.

~ Preparation and Itemization of the Voucher / Invoice:

The voucher / invoice

~ hall-be prepared in ink or by typewriter (without strikeovers).

s Corrections or erasures must be initialed.

To be considered a proper voucher / invoice, all of the following elements must be included:

i 1.

Contract number 2.

Sequential voucher / invoice number.

3.

Date of voucher / invoice.

4 Project Officer's name and mailstop as designated in the contract.

5.

Payee's name and address.

(Show the name of the contractor and its

. correct address.

In addition, when an assignment of funds has been made by the contractor, or a different payee has been designated, include the name and address of the payee.)

Indicate the name and telephone number of the individual responsible. for answering questions the NRC may have regarding the voucher / invoice.

6.

Description of articles or services, quantity, unit price, and total amount.

7.

Weight ano zone of shipment, if shipped by parcel post.

l 8.

Charges for freight or express shipments.

Attach prepaid bill if l

shipped by freight or express.

9.. Instructions to consignee to notify the Contracting Officer of receipt of shipment.

1

/_

10.

For Indefinite Delivery contracts or contracts under which progress payments are authorized, the final voucher / invoice shall be marked

" FINAL VOUCHER" or " FINAL INVOICE."

Currency:

Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records and payments will be made in that currency. However, the U. S. dollar equivalent for all vouchers / invoices paid under the contract may not exceed the total V. S.

dollars authorized in the contract.

Supersession:

These instructions supersede any previous billing instructions.

- - -...=

~

L

.PART 20-1 -- GENERAL Subpart 20-1.54--Contractor' Organizational Conflicts of Interest c

Sec.

a 20-1.5401-Scope and policy..

20-1.5402 Definitions.

20-1.5403-.

Criteria for recognizing contractor organizational J:onflicts of interest. 1.5404 Representation.

20-1.5405 Contract' clauses..

20-1.5405-1 General contract clause.

20-1.5405-2 Special contract provisions.

L 20-1.5406 Evaluation. findings, and contract award.

20-1.5407-Conflicts identified after award.

L 20-1.5408~

.(Reserved) 20-1.5409 (Reserved) l 20-1.5410-

' Subcontractors.

20-1.5411-Waiver.

20-1.5412 Remedies.

t L

AUTHORITY:

Sec. 8, Pub. L.95-601, adding Sec.170A to Pub. L.

L 83-703 68 Stat. 919, as amended:(42 U.S.C. ch.14) 120-1.5401 Scope.and Policy-l (a) It is:the policy of tiie U.S. Nuclear Regulatory Comission

-(NRC) to avoid, eliminate or neutralize contractor organizational conflicts of interest.

The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including'those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.

L (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 coni.ract, be placed in a position where its judgment.may be biased, or where it may have an unfair competitive advantage?

l (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 iof, consulting. services through the personnel appointment process, NRC s

7590-01 m

agreements with other government agencies, international organizations, or. state, local or foreign governments; separate procedures for avoiding.

conflicts of interest will be employed in such agreements, as appropriate.

-520-1.5402 Definitions-(a)

" Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or Planned-interests related to the work to be performed under an NRC contract which:

(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.

(b)

"Research" means any scientific or technical work involving theoretical. analysis, exploration, or experimentation.

'(c)

• Evaluation activities" means any effort involving the appraisal

-of a technology, process, product, or policy.

I (d)

" Tech in cal 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 l

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; arid preparation of preliminary designs, specifications, or-g l

statements of work.

(c)

" 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-sponger, partnership.-corporation, affiliates thereof, or their successors in interest, including their chief executives,

' directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.

(g)

" Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR 51-1.606-1(e)).

(h)

" Subcontractor" means any subcontractor of any tier which L

performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.

(1)

" Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or 1

affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.

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(j)~ " Potential conflict of interest" means that a factual situation.

exists that suggests (indicates) that an actual conflict of interest may L

arise from award of a proposed contract.

The tem " 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 feported to the contracting-

- )

officer for investigation if they arise during contract perfomance.

I20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a)

General.

Two questions will be asked in detemining whether L

actual or potential organizational conflicts of interest exist:

(1) Are there conflicting roles which might bias'a contractor's judgment in relation to-its work for the NRC7 (2) May the centractor be given an l

unfair competitive advantage based on the performance of the contract?

The ultimate detemination by NRC as to whether organizational. conflicts of interest exist will be made in light of conmon: sense and good-business judgment based upon-the relevant facts disclosed and the work to be performed.- While it is difficult to identify and to prescribe in advance-i 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 L

research programs.

(b)

Situations or relationships which may give rise to organizational (1) The offeror or contractor shall disclose conflicts of interest.

information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances:

(i)

Where the o'fferor or contractor provides advice and reccmmendations to the NRC in a technical area in which it is also providing consulting r.ssistance in the same aren to any organization regulated by the NRC.

(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization. regulated by the NRC.

(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing.

(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise

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l 7690-01' '

1 l

..(2)

The contracting officer may request. specific information from.

.an offeror or contractor or may require special contract provisions such i

as provided in. 520-1.5405-2 in the following circumstances: ~

-)

(i)" Where the offeror or contractor prepares specifications which are to be used-in competitive procurements of products er services

. covered by such specifications.

~

.(11) Where the offeror or contractor prepares plans for specific I

approaches or methodologies that are to be incorporated into competitive K

procurements using such approaches or methodologies.

(iii) Where the' offeror.or contractor is granted access to information r

not available.to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.

l (iv) Where the offeror or contractor is granted access to proprietary information of its competitors.

l L

(v) Where the award of a contract might otherwise result in placing the offeror or c~ontractor in'a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in.an. unfair competitive advantage for the offeror or contractor.

l(c)

Policy application guidance.

The following examples are illustrative only and are not intended to identify and resolve all (1) Example.

contractor organizational conflict of. interest situations.

The XYZ Corp., in response to a request for proposal (RFP), proposes to

~

L undertake certain analyses of a reactor component as called for in the The XYZ Corp. is one of several companies considered to be technically l

l

.RFP.

In response to the inquiry in the RFP, the XYZ Corp.

well qualified.

advises that it is currently performing similar analyses for the reactor manufacturer.

Guidance. An NRC contract for that particular work norina11y would not be awarded to the XYZ Corp. because it would be placed in a position in which its judgment could be biased in relationship to its work for NRC.

Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.

y (2)

Example.

The ABC Corp., in response to a RFP, proposes to perfom certain analyses of a reactor component which are unique to one As is the case with other technically qualified type of advanced reactor.

companies responding to the RFP, the ABC Corp. is performing varicus projects for several different utility clients.

None of the ABC Corp.

projects have any relationship to the work called for in the RFP. Based

!a on the NRC' evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.

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- Guidance.

An NRC contract normally could be awarded to the'ABC.

Corp.- because no conflict of' interest exists' which would motivate bias with respect to the workc An appropriate clause would be included in:

the contract to preclude the ABC Corp. from subsequently contract.ing for work during the performance of the NRC contract withLthe 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 comercial nuclear facility, it is imperative that NRC secure specific data on various. operational aspects of that type of plant so as to-E assure adequate safety protection of the public.

On'ly one manufacturer L

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 decihions affect the reactor's design and thus the company's costs.

Guidance. This situation would place the manufacturer in a role.in which.its. judgment could be biased in relationship to its work for NRC.

Since the nature of-the work required is vitally important in tems of NRC's responsibilities and no reasonable alternative exists, a waiver of-L the policy may be warranted.

Any such' waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy L

with particular attention to the establishment of-protective mechanisms to guard against bias.

(4)

Example.. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's perfomance for the purpose of developing standards that are impiortant 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.

I 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 nomally 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.

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(5). Example.

The ABC. Corp., in response to a RFP proposes to assemble a map showing certain seismological. features of the Appalachian fold belt.

In accordance with the representation in the RFP and s20-1.5403(b)(1)(1), ABC Corp. informs the NRC that it is presently s

doing seismolog'ical 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 5 20-1.5405-1(c) would preclude ABC Corp. from accepting work during the tem of the NRC contract which could create a conflict of interest.

l (d)

Other considerations.

(1) The fact that the NRC can identify l

and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the perfonnance of a contract is not relevant to l

a-detemination of the existence of such conflicts prior to the award of a contract.

L (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 compet1tive or a sole source basis.

I20-1.5404 Representation (a) The following procedures are designed to assist' the NRC contracting officer in determining whether situations or relationships exist which L~

may constitute organizational conflicts of interest with respect to a I

particular offeror or contractor.

1 (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; l

(3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in toe resulting contract.

This representation requirement l

-sha l also app y to all modifications for additional effort under the l

l contract except those issued under the " changes" clause.

Where, however, a statement of the type required by the organizational conflicts of interest representation. provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.

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ORGANIZATIONAL CONFLICTS OF-INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:

j The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships i of the type set forth in 41 CFR's20-1.5403(b)(1).

( c)'.tInstructions to offerors.

The following shall be included in

.all NRC solicitations:

(1) If the representation as completed indicates j

that situations or relationships of the type set forth in 41 CFR 120-1.5403(b)(1) are involved, or the contracting officer otherwise detemines that potential organizational conflicts exist, the offeror i

shall provide a statement in writing which describes in a concise manner L

all relevant facts bearing on his representation-to the contracting officer.. If the contracting officer determines that Organizational (i) Impose appropriate conflicts exist, the following actions may)be taken: disqualify the offeror, or l

conditions which avoid such conflicts, (ii (iii) detemine that it is othemise in the best interest of the-United States to seek award of the contract under the waiver provisions of I20-1.5411.

(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 i

L L

such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated.

The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other-remedial actions provided by law or the resulting contract.

(d)

The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion.

Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.

If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be l

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 pemitted to correct the omission.

5 20-1.5405 Contract clauses s 20-1.5405-1 General contract clause

~

1 7590-01 i

All contracts of the types set forth in i 20-1.5404(b) shall include the following clauses:

q y

The primary (purpose of this clause is to aid in1) 15 not plai I

(a). Purpose.

ensuring that the contractor:

because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

(b)

Scope.

The restrictions described herein shall apply to

)

performance or participation by the contractor as defined in 41 CFR I

5 20-1.5402(f) in the actitities covered by this clause.

(c)

Work for others.

Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict 1

of. interest with respect to the work being perfomed under this contract.

The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause.

If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.

(d)

Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).

(2)

The contractor agrees that if after award it discovers organizational ' I conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.

This statement shall include a oescription of the action which the contractor has taken or proposes to take to avoid or mitigat.e such conflicts.

The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government.

(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 cohtractor agrees not }o: (i)Use such infomation for any private purpose until the infomation has been l

released to the public; (ii) compete for work for the Comission based l

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a 7590-01 on such:information for a period of six (6) months after either the completion of this contract or the release of such infomation 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 L

prior written approval by the contracting officer unless such information y

has' previously been released to the public by the NRC.'

(2)

In addition, the contractor agrees that to the exteni: it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub.- L.93-579), or other confidential or privileged l

technical, business, or financial information under this contract, the m

l contractor shall treat such information in accordance with restrictions j

placed on use of the information.

(3)

The contractor shall have,. subject to patent and. security l

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 a's provided in 41 CFR 320-1.5402(h), the contractor shall include this clause, including this paragraph, in L

subcontracts of any tier.

The terms " contract," " contractor," and-

" contracting officer,"'shall be appropriately modified to preserve the 1

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 through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined ini20-1.5411.

520-1.5405-2 Special contract provisions.

(a)

If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with 5 20-1.5411, neutralized through the use of an appropriate special contract provision, if appropriate, the offeror may negotiate the tems and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:

r=

j (1)

Hardware exclusion clauses which prohibit' the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; l

(2)

Software' exclusion clauses; J

.(3)

Clauses which require the contractor (and certain of his key personnel) to~ avoid certain organizational conflicts of interest; and (4)

Clauses which provide for protection of confidential data and guard against its unautnorized use.

(b)

The following additional contract clause may-be included as section (i) in the clause set forth in1 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.

Ll (i)

Follow-on effort.

(1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited H

or unsolicited) which stem directly from the contractor's performance of

)

work under this contract.

Furthermore, unless so directed in writing by L

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 anotner firm if the contractor has been 's.ubstantially

. involved in the development-or marketing of such products or services.

L

.(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 services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in'this subparagraph shall not apply.

(3)

Nothing in this paragraph shall preclude the contractor from offering or selling its standarc commercial items to the government.

i 5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted 520-1.5404(b) by an offeror pursuant to the representation requirements of And other relevant information.

After evaluating this'information agains't the criteria ofi20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offerer.

If it has oeen determined that conflicts of interest exist, tnen tne contracting officer shall eitner:

(a)

Disqualify,tne offeror from award, e

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a

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' y 3;s 7590-01 (b). Avoid or eliminate such cortflicts by appropriate measures; or

(c)

Award the contract under the waiver provision of 520-1.5411.

120-1.5407 Conflicts identified af ter award.

If potential organizational conflicts of interest are identified after award with respect to a' particular contractor, the contracting officer determines t*at such conflicts do, in fact,' exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 120-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or,- after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict, i

520-1.5408 (Reserved) j 520-1.5409 (Reserved)-

520-1.5410 Subcontracts J

The contracting officer shall require offerors and contractors to.

submit i representation statement in accordance with !20-1.5404(b) from subcontractors and consultants.

The contracting officer shall require i

the contra'cror 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.

I20-1.5411 Waiver In the first instance, determination with respect to the need to l

seek a waiver for specific contract awards'shall be made by the contracting L

officer'with the advice and concurrence of the program office director f

l and the Office of Executive Legal Director.

Upon the recomendation of l-the contracting officer, and after consultation with the Office of the l

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:

t l

(1) The work to be perfomed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor L

!~

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 occuments shall be placed in the Public Document Room.

~.

,. h 7590 !

'9.?

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.620-1. 5412 Remedies 1

In a'ddition 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 intentionai nondisclosure of any relevant interest required *to be provided for this section, the NRC may debar tne contractor-from subsequent NRC contracts.

Dated 'at,Washincton. D.C this -27th day of Ma'rch-

1979, For the Nuclear Regulatory Commission 2

S,

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Cici_. M N bG i &,

Samuel Cnilk Secretary of the Comission 4

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2/ 2 weeks paid vacation af ter 1 year of service with a contractor or successor; 3 weeks af ter 5 years; 4 weeks af ter 15 years. l.ength of service inclinles the whole spart of v.initinous - service with fire gresent (successor) contractor, wherever onployed, and with predecessor contractor s in tie gw rf orniance of siini tar win k at the s.pne Iederal facility.

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4 3/ 10 paid holidays per yeard tiew Year's Day, thrt in 1.ut her E ing Ilay, Washington's Ilirtinlay, Itinorial Day,.tridepein!cuce llay,

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VA: Count ies of Arlington (013), I~ air f ax -(059). lauquier. (061), K ing George (099), s ondiinn (101), Prince Williain (153),

and Stalfin d (119). Independetit t il ic. of Alex.inde ia (?ul), Iain Iax (761) and I alls f:Inire.ls '7]7).

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