ML19332F178
| ML19332F178 | |
| Person / Time | |
|---|---|
| Issue date: | 11/27/1989 |
| From: | Edgeworth P NRC OFFICE OF ADMINISTRATION (ADM), SOUTHERN NEW ENGLAND TELEPHONE CO. |
| To: | |
| Shared Package | |
| ML19332F173 | List: |
| References | |
| CON-FIN-D-18510, CON-NRC-10-86-259 NUDOCS 8912130500 | |
| Download: ML19332F178 (11) | |
Text
jfW
- 4. CON 1 RACT 4D CODE PAGE OF PAGL5
{
AM8NDMENT OF SOLICITATION / MODIFICATION OF CONTRACT y
g 4
- 2. AML t4DMLN T /MODif ICAllON NO.
- 3. i f I LCl eVL DAT L
- 4. stLQUIStT TON /PU6tCHA$0 HLQ. NO.
- 6. PHOJLCT NO. (if appJaca6ic)
ARM-86-259 dtd 9/11/89 Eight (8) 10/01/89 I
' ^ " " ' " ' ' ' ' " ' " " ' " * * " * * " " ' " ' ' '
- 5..ssuto av CooE COoE U,$. Nuclear Regulatory Comission Division of Contracts & Property Management 1"
Washington, D.C.
20555 S. NAML AND ADOHL$h Of CONI el AC I Olt (No.. sfrees. tc>ainty. S terc and 2Jp Code) g 9A. AM[NOMLNI OP SOLICIT AllON NO.
'" o^'Co(S m m te Southern New England Telephone Company 5 West Service Road
^%.o'"c^"o" o' co"' "^c V " o'"
8 Hartford, CT 06120 X
NRC-10-86-259 R OD. DAT LO (Sit iTLht 8 39 5/29/86 CODE.
lF ACIUTY COOL 11 THIS ITLM ONLY APPLIES TO AMENOMENTS OF SOLICITATIONS O T he.ho numtered sehci,a.ee is.meeeed as set ie,t in i e i. The ho r.nd date sreci<ied,o,, ceio, of Orie,s Ois.,ene tended.
Of f rs must ad nowledge receipt of this amendment prior to the hour and date specified in the soticitation or as amended,by one of the following methods:
copies of the amendment. (b) Dy acknowledging receipt of this amendment on each copy of the of fer I:) Dy complet no items 8 and 15. and returning submitted; or (c) By sepente lette' or telegram which includes a reference to the solicilation and amendment numbers FAILURE OF YOUR ACKNOWL EDG-MENT TO DE HECElvCD AT THE PLACE DE$1GNATED FOH THE RECEIPT OF OFFERS PHIOR TO THE HOUR AND DATE $PEC IN hEJEC110N OF YOUR Of f E H. Il by virtue of this amendment you desire lo chanDe an offer already subrmtted.such chago may be made by telegram te Offit f. Provided each telegram Uf letter makes feference to the schcitation and this amendment, and is received prior to the opening hour and date specified.
Y[ ACCOUNTING AND APPROPHI A110N DAT A (l/ required; APPN No.: 31X0200.010 B&R No.: 010-20-62-230 FIN No.: 018510 OBLIGATE:
$37,376.00 13 Tit 1S IT EM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS / ORDERS, 11 MODIFIES THE CONTR ACT/ ORDER NO. AS DESCRIBED IN ITEM 14.
A. T Hl$ (. H ANG[ OROC H 15 lbhut'O PUHbuAr i 10: (Spec #f, outhorety) T HE CHANGLb SE1 f OH1H IN llLM 14 AHC MADE IN T HC CON-
~
v g
T R AC T 0 84 DLit NO. IN It i M loa.
H.1HE ADOVE NUMBE RE D CONT H ACT/OHOr R 15 MODIFIED 1 O 64[rLECT T HE ADMINISTR ATIVC CHANGCS (such as changes in partne office, approptichon dele, etc.) $( T F ORT H IN 4 T L M 14. PultLU Ald 'O T HE AUT HORIT Y OF F A R 4 3.103(ti).
C.~1 HIS SUPPLL Mt.N A L AGit t.LME N) Ib L NI L 6tL D INT O PUR$U AN T TO AUI HOIteT Y OF a
~
Q. O t HLH (Spenfy tp pc of modsfacehon and authortty)
L X
Mutual agreement of the parties E. IMPORT ANT: Contractor is not, b is required to sign this document ?.nd return 2 Copics to the issuing of fice.
ithe sC nieuON Or AutNovt N:iMOO,1 IcAvT>N (oceamed by ocr <<<non heaa<nes. inename ohcuauonicone ace suweet maner where teauuc.
SEE ATTACHED 8912130500 891127 PDR C ONTR NRC-10-06-259 PNU end S EItsCI
'Ov*de'l fea*f e A # 1 iN r'$g artC C onddtOfM O' If ad 00C uthent telef ehCed ist item 9A Dr loa. ag hevetofore c hariged sematen unchaNeo ano en f ull to'Ce CICWt Al D 1
104. N AfAL ANO flT L L 0F CONT H AC i tr4G 06 6 sCLb #7 3pr o' pMf 8
~
.,t:,t
( H d] spe ce print) 1SA, fd AML Af 40 t ill L 08 d/dlO i 5 T C44Al
/g gg Paul J. Edgeworth, Contracting Officer s, u,,,,,,
n.
a. s, sw L f (p M -
) ", ;, G !
Q f&,..,, o,u m wm..a
- 3 m.ur. _.. - - -
rm n... ~.
. a, u,,
a A
J..g....~..-
H/i 7/rf_
W StAN*)AltDJQe7Y y,,p.
r fd Nd 7 L 4 6 r, ),3,, r '..
4 D. e 14 :: r m ' "..
DH t' v tOus t Del V. vi.uS.WL 4 6AH #4L CrHk
- 3.M ;
A
'~
Contract No. NRC-10-86-259 7
Modificati:n No. Eight (8)
~*
Page 2 cf 4 i
The pu'rpose of this modification is to:-(1) extend the contract's period of performance by one additional year, effective 10/1/89 through 9/30/90; l
(2) modify the Description of Work to include FY 30 services, (3) provide i
funding thereby increasing the contract ceiling and obligated amounts, (4) incorporate Subsection 11.3 - Option to Extend the Period of Performance, (5) incorporate the Drug Free Workplace and Procurement Integrity Provisions, and (6) incorporate the FAR option cl6use.
Accordingly,.the contract is modified as follows:
1.
Under Section B - Supplies or Services and Prices / Costs, subsection 8.3, Description of Work, delete all items in their entirety and 7
replace with the following in lieu thereof:
Unit Service Location Quantity Unit Price Amount ilFD-476-0221 Ongoing Services 12 mo.
$2,530.40
$30,364.80-l Estimated one-time charge
$ 3,000.00 Total Estimated Cost
$33,364.80 Haddem Neck NPP - ENS Circuit GP-001478 Millstone 1, 2 and 3 - ENS Circuit GP-001480 United Nuclear Corp. - ENS Circuit GP-001522 NL-443-0855 Millstone 3 HPN-TSC Ongoing Services-12 mo.
5 39.30 5
471.60 i
Toll = Calls 12 mo.
10.00 S
120,00 Estimated one-time charge 5 '100.00
.i Total Estimated Cost 5
691.60 CHAM-267-2315 11addem Neck llPN-TSC-Ongoing Services 12 mo.
S 78.20 5
938.40 Toll Calls 12 mo.
10.00 5
120.00 Estimated'one-time charge 5
.100.00 Total Estimated Cost 5 1,158.40 NL-443-6370 Millstone 1 and 2 HPN-TSC Ongoing Services 12 mo.
39.30 5
471.60 Toll Calls 12 mo.
5 10.00 S
120.00 Estimated one-time charge 5
100.00 Total Estimated Cost S
691.60 i
NL-443-7284 Millstone 1. 2 and 3 ilPN-EOF Ongoing Services 12 mo.
S 39.30 5
471.60 Toll Calls 12 mo.
5 10.09 5
120.00 5
100.00 Estimated one-time charge 5
691.60 Total Estimated C w
-Contract No. NRC-10-86-259 i
Modification No. Eight (8)-
h Page 3 of 4 vc h
i NL-848-951-
?
p tJnited Nuclear - Montville. Facility Ongoing Services 12 mo >
46.50 $
558.00:
- Toll Calls 12 mo-5.
10,00 5 120,00 L
- Estimate one-time charge 5
100.00 I
Total Estimated Cost-778.00" N
Under Section F - peliverables and Performance, Subsection F.1 P
2 -.
g Duration of Con 1ract Period.is revised to read as follows:
L "F.1 Duration of Contract Period b
The period of performance of this contract.shall commence on October 1,'1987.and end on September 30, 1990 with one twelve month option' period,"
0 3.
Under Section G, Contract Administration Data, Subsection G.5 entitled " Consideration," the-contract ceiling and obligated amounts i-are increased from _"$150,663.00" by $37,376.00 to "$188,039.00."
Therefore, the-first and second sentences are revised'to read as1
~
y follows:
"The present estimate for performing the work under this contract is
$138,039.00, The. total obligated amount of $188,039.00."
I 4, The following clause is hereby incorporated as Subsection 61.3 of the contract.
p "11.3 O_ption to Extend Period of Performance gThis contract may be extended for one additional twelve month period p(m,
atLthe option of.the Government by the Contracting Officer.
The m
Contracting Officer may decide.to exercise this option at any time during the performance of this contract; provided, that the Government 1
k
- shall give the Contractor a preliminary written notice of its intent hc to extend at least 60 days before the contract expires.
The option py,
-.will be exercised in accordance with contract clause 52.217-9, Option
=to Extend the Term of the Contract--Services."
3 1_ ;
j
_I f,
~!
t
p i
o J
y Contract No. NRC-10-86-259 i
Modification No. Eight-(8),
Page 4 of 4 l
h I
5.
Section I -^ Contract Clause is revised to incorporate the Drug Free l
Workplace and Procurement Integrity Provisions as listed in' Attachment i
p
.-A and to incorporate the following FAR option clause-k-
"52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT--SERVICES (APR 1989) l (a) The Government may extend the term of this contract by j
written notice to the Contractor within the time specified in the i
Schedule; -provided, that the Government shall give the Contractor a F
preliminary written notice of intent to extend at least 60 days-b; before the contract expires.
The preliminary notice does not U-commit the Government to an extension.
(b)
If the Government exercises this option, the extended.
h-contract shall be considered to include this option provision.
L (c) The total duration of this contract, including the exercise of the additional twelve month option under this clause,
.t'
- j..
shall not exceed seventy-two months."
[1 All other terms and conditions remain unchanged, r-
{
h_
s l
O i
J
g
=
Attachment A 4
.b,-
~
' l DRUG-FREE WORKPLACE (FAR 52.223-6) tl'.
(a) Definitions. As used in this clause,
" Controlled substance" means'a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21~'U.S.C. 812) and as further defined in regulation.at 21 CFR 1308.11-1308.15.
" Conviction" means a finding 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 statute involving the manufacture,-distribution, dispensing, possession or use of any controlled substance.
" Drug-free workplace" means a site for the performance of work
.done in connection with a. specific contract at which employees of the contractor are prohibited from engaging in-the unlawful manufacture, distribution, dispe-ing, 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 includirg the offeror / contractor.
(b):The Contractor, if other than an Individual, shall --
~(1) Publish a' statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish a drug-free awareness program to inform such
- employees about--
(1) The dangers of drug abuse in the workplace; (ii) The contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The renalties that may be im:>osed upon employees for drug abuse violations occurring in the workpl' ace.
7 y.
g t
i o
s (3)I rovide all employees engaged in performance of the P
contract with a copy of the statement required by subparagraph
. b)(1) of this clause;
(
. (4) Notify such employees in the statement required by
-subparagraph (b)(1) of this clause, that as' a condition of L
, continued employment on this contract, the employee will --
(1) Abide by the terms of the statement;_ and-(11) Notify the employer of any criminal. drug statute conviction for a violation occurring in the workplace no later L.
than five (5) days after such conviction.
(5) Natify the contracting officer within ten (10) days af ter 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 f
' drug abuse violations occurring in the workplace:
L
. (1) Taking appropriate personnel action against such employee, t-up to and incibding termination; or (11) 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.
(7) Make a good faith effort to maintain a drug-free workplace through. implementation of subparagraphs (b)(1) through (b)(6) of this clause.
(c) The Contractor, if an individual, agrees by award 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 Contractor'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) a
O
_ v Page 1 REQUIREMENT FOR CERilFICATC' 0F PROCUREMENT INTEGRlTY -- M 52.203-9 (MAY.1989)
(a)' Definitions. The definitions set forth in FAR 3.104-4 are hereby
- incorporated in this clause.
, (b) The Contractor agrees that it will crecute the certification set m.
forth in paragraph (c) of this clause when requested by the Contracting Of ficer in connection with the execution of any modification of this -
contracti A contract modification may not be' executed without-the' certification,-
~I r
(c) Certification. As required in paragraph (b) of' this clause, the t.
J of ficer or employee responsible for the modification proposal shall execute f
b p,
the following certification:
t
.CER11FICATE OF PROCUREMENT INTEGRITY -- H00!FICATION (
(Name of certifier),
r
. (1)I, am the officer or employee responsible for the preparation of-this
[
modification proposal and hereby certify that, to the best' of my.Lnowledge and belief, with' the exception of any f rtformation described in this certification, I have no information concerning a violation or possible.
t s
violation of subsection 27(a), (b), (c), or (e) of the Of fice of Federal-t referred to as the I
Procurement; Policy Act (4) U.S.C. 423), (hereinaf ter Act), as itnplemented 'n the FAR, occurring during the conduct of this'
_) (modification
' procurement (contract number
- number
).
i further certify (2) As ' required by subsection 27(d)(1)(8) of the Act, representative, and c that each of ficer, employee, agerst, (Name of offeror) i F
who has participated personally and substantially in the preparation or submission of this proposal has certified that he or she is f amiliar with,_
and will comply with, the requirements of subsection 27(a) of the Act, as concerning a violation or possible violation of subsectio 3
as-implemented in the FAR, pertaining to this f(c), nr (e).of the Act, procurement, (3) Violetions or possible violations: (Continue on plain bond paper if Modification necessary and label " Certificate of Procurement Integrity W
(Continuation' Sheet)") (ENTER "NONE" If N0ttE EX1515) k-TW $ e
m4=Wmmi 4 y st=f 9dar. -
- '*P h"
v.
- , n. o.
- o. n
, ?.W i ~,.
- , w
).
2-m,. ;...,
s t
-. e Page 2 (Date)-
.:a a,
(Typed Name of the 0f ficer or Employce Resporisible.for the Modification)
- Proposal)4
,~
N
+
. '1HIS CER11FICATION. CONCERNS A MATTER WITHIN THE AGENCY 0F THE. UNITED STATES AND THE MAKIN i,
- i
- . 11TLE 18,' UNITED STATES CODE,:SECTION 1001.
-(End of certification)
(d) In making the' certification in paragraph-(2) of the certificate, the Contractor reay rely upon the certification by an of ficer, employee, agent,.
representative, or. consultant that such person is in compliance with-the requirements.of subsections 27 (a), (b), (c), or (c) of. the.0f fice of Federal Procurement Policy Act (4) U.S.C. 423), as tenplemented -in the FAR
~
l Lunless the Contractor-knows,i or should have. known,
~l
'obtained at least annually, supplemented with periodic t 6 years f rom the date of execut f on.
L(c)lThe certification required by paragraph.(c) of tLis clause 15:
1 e
+
imaterial: representation of -f act upon which reliance vill be-placed in j
executing,this modification, (End of cla'use) i q
?
- ?
I
(
q d
+
I 3..
1 h
t
_F;
%s,.
-y.,
n Page 1 i
REME01ES FOR ILLEGAL OR IMPROPER ACTIVITY (52.203-10) (MAY 1989) p (a) The' Government, at its election, may reduce the price of-a fired peice type contract o_r contract modification and.the total cost and-fee
~
under a cost-type contract or contract modification by the amount of profit forth in paragraph (c) of' this clause if the' head
-or: f ee determined as set of ~the agency or his or her designee, determines that there was a violation l
.'of subsection 27(a) of the Of fice of Federal Procurement Policy Act (41 L
'U.S.C. 423) as. implemented in the FAR. In the case of a' contract-modification, the fee subject to reduction ($ the fee associated with the e
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 calendar days af ter 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 t'
contract modification price or fee by an amount which is less'than the amount determined under paragraph (c) of:this clause.
h
[(c) The-price or fee reductior, referred to in paragraph (a) of this clause shall be -
-(1) For cost plus-fired-fee contracts, the amount of the fee specified 7
in the contract 'at-the time of award; p'
(2)-For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award notwithstanding any minimum fee or " fee-L floor" specifii'd Ir, the contract.
(3) For cost plus-award-fee contracts --
(i) The base fee established in the contract at the time of contract s
zward; (ii) If no base fee is specified in the. contract,10 percent of the amount of each award fee otherwise payable to the contractor for each incentive period or at each award fee determination point.
-(4) For fixed-price-incentive contracts, the Government may --
(i) Reduce the contract target price and contract target profit both by target profit specified in the contract at an a ount equal to the initial the time of contract award;
(!!) When the contract provides f or multiple deliverables, reduce the upon each delfvory and awr' otherwise payable to the cen,trutor tho 'a.' v iing Offir.or to be the n(; t an. by an wy,t dr terr.t nod !:y 4- -
n' un
- e-dati."
9 t a l o f
- v.r
' ion mf ev' r a veih i n
'
- a.:
1<
..q,,,t t?.
1 1,1 * '
< s itr a e
.~.
.t i tN t;ne s
b
iq%%
~
,g H:f 2w,4
?'
Q W,'
Page 2 l
e l
(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-the contractor for payment until' the aggregate progress payments amounts so withheld equal the initial target profit established at the time of. contract award; or (iv) If-the Government elects either (c)(4) (ii) or (111) of this.
clause, at the time of total. final price establishment, the price-established in accordance with the incentive price revision provisions'of the contract shall be reduced:by'an amount equal to the amount of initial target profit _ specified in the contract.at the time of contract' award and -
<J such reduced price shall be the total final contract price. Any progress r
^~
payments amounts retained by the Government in (c)(4)(111) of this clause-shall bt returned to the contractor, If appropriate, (5)' for. firm-fixed-price contract or contract modifications, by 10 t
percent of_the initial contract price; 10 percent of the contract
+
modification price; or a profit amount determined by the Contracting Of f h:er f rom records or documents in existence prior to the date of the contract award or modification.
(d).The Government may, at its election. reduce a prime contractor? s price or fee in accordance with' the procedures of paragraphs (b) and (c). ef-this clause for violations of the Act by its subcontractors by an amount -
i[
not tc. exceed the amount-of profit or fee reflected in the subcontract' at the time the subcontract was f.irst definitively priced.
~
the
. (e) ]n addition to the remedy in paragraph (a) of this clause, The Gevernment may terminate this contract or modification for default.
rights and remedies of the Government specified herein are not exclusive, and are in -addition tc.any other rights and remedies provided by law or under this contract.
l (End of. clause) 9 j
l.
i
,e, E f'
Page 3 4
PROCUREMENT INTEGRiiY (52.237-9) (MAY 1989)
,(a) Definitions, The definitions in FAR 3.104-4 are hereby. incorporated
'in this clause.
'(b) The Contractor shall establish a procurement ethics training program
- f or its employees serving as procurement of ficials, The program shall, at a minimum --
(1)-Provide for the distribution of written explanations of the-provisions of section 27 of the Of fice of Federal Procurement Policy Act (41 U.S.C. 423) as impicmented in the FAR to such employees;. and (2); Require each such employee,- as a condition of serving as a procurement of ficial,-to certify to :the Contracting Of ficer.that'he er she is f amiliar with the provisions of' the Act, as impitmented in the FAR, and will not engage in-any conduct prohibited by subsections 27 (a), (b), (c),
- or;(e) of the Act, as implemented in' the FAR, and will report immediately.
to.the Contracting Of ficer any inf ormation concerning a violation or
=possible violation of the prohibitions.
. (c) Pursuant to FAR =3.104-9(d),. a Contractor employee who is serving as '
a procurement of ficial~may be requested to execute-additional certifications.
(d) If a Contractor' employee serving as a procurement of ficiall ceases pe'rformance of these duties during the ccnduct of such procurement expected' to resultL in a cont'ract or contract modification in excess of 5100,000,
~
such ' employee' shall certify to the Contracting Of ficer -that he or she -
understands the continuing obligation, during the conduct of the agency not to disclose proprietary or source ' selection information -
procurement, related to such1 agency procurement,
~
(End of clause) el '
i