ML19338D897

Contract: Wabash Valley Seismic Profile, Awarded to Purdue Research Foundation

ML19338D897
Person / Time
Issue date:	09/08/1980
From:	Greenkorn R, Morton K NRC OFFICE OF ADMINISTRATION (ADM), PURDUE RESEARCH FOUNDATION
To:
Shared Package
ML19338D892	List: ML19338D891 ML19338D897
References
CON-FIN-B-7223, CON-NRC-04-80-224, CON-NRC-4-80-224 NUDOCS 8009240130
Download: ML19338D897 (17)

Text

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.a PiGE OP

$rAPEDARO FCEM

.?, JULY 196

?t E' Woc'"Mo'? /.'"'I'.'i.r,g 4 AWARD /CCNTRACT I

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9. CONTRACT (Frer. Jest. fdest./ NO.

2. E7PEC78vl Dart

2. troursmON/PURQtA$t itQUt$f/PtostcT No.

4. CIETrit0 PCS NATIONAL DUINSE UNDit 501A 8 MSO RES-30-224 dtd 2/26/80 5,L'o^" ' '

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NRC-04-30-224 CODE lggo

4. ADunsttalD tv CODE l

7. ceu.2rv 8.855UtD 87

(!f orber oben blah 1)

PCs Dists.

U. S. Nuclear Regulatory Commission 8 NAnoN Division of Contracts on.rt(sn Washington, DC 20555 6d->

s. CCNrRACTCt CODE l l

F.4CluT)* CODE l

9. DiscoVNT PCS PRQmFT PafmINT NAME APeo ADORE 55 Purdue Research Foundation l

Division of Sponsored Programs (sines. aser.

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Hovde Hal1

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West Lafayette, IN 47907 lo.SUEulf INVQtCES (d sepiss selsu siler r

pas /td> TO ADCat$1 $NOWN IN 8tOCK

n. sme roimax ece CODE l l

i 2. rATucur witt : w oe av CoDel U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research Office of the Controller ATTN: Neil Steuer Washington, DC 20555 Washinoton. D.C.

20555 io U s C. 23o. coi(10)

13. TN3 PROCUSEWNT WAS ADVERTl$tD.

NECCilAflD. PUE$UANT TO, di U.S c. 252 tst l

n. ACCaunNG ANo Amer = Anon o

Estimated Amount B & R 60-19-12-01 FIN. 87223

$100,000.00 13 14.

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ITim NO.

SUPPtst S/ SIRVict3 Q U A NTIT Y UNff UNIT PilCI AAnOUNT AWARD OF A COST REIMBURSEMENT CONTRACT AS THE RESULT OF A COMPETITIVE PROCUREMENT (RFP RS-RES-80-224) FOR A RESEARCH STUDY ENTITLED:

"WABASH VALLEY SEISMIC PROFILE" PERIOD OF PERFORMANCE: 24 MONTHS FROM EFFECTIVE DATE OF CONTRACT Estimated Ceiling rorAt Aucust er cournAct s 256,570.00 2i.

CC:TTRACTING OFFICER TILL CO.\\tPLETE BLOCK 22 OR 26 AS APPL 1 CABLE 22.

CONTE.ACfoe'$ NEGoftAtto AcattutNT (Centrecrer is nyein/ se sr'ge 26.

AWARD (Ceetretter is set nyeind is sage shis duemees.)

fewe.8w em Se ierte en NW. ewe wettweias 9e sois /etwarest ee/ ntere repits to s'ssmieg efse.) Coa #recer agrese r

es se fues:sh end delivee all Jems et perform ett the services see fenh or othet='ee edditions ee chengee seede by yee which oddeiene er ehenges er, see fenh in NA idenhAed ebeve end on any tenefawetion shee's for Se consideration stored herest.

ebeve, is hereby eccep#ed es le me i8eme listed ebeve end en ear coar'avehoe aAeen.

Th.e e=eed ceasvaune is f%e seateed wh.th seasists of the fe3e=ias deevacates let The aes ead obligeneas of the ponies to thee ceaered shell be subied to end gew-r araed by *e felle ing derveeves- (el'As e=eed/temeted, {hl ee esiicdeemen.

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she Goveenmens's ner.citohon and yew ePer, end (b) ese e=ard/teaerect.

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ene<9er eape ged by aer aea<e here.e.

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29. oArt s.se.co Rob;rt Ae Greenkorn

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VicD President for Pro, grams

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Page of ARTICLE II - PERIOD OF PERFORMAtlCE, IS REVISED TO READ:

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The performance of work described in ARTICLE I hereof shall comence as of the effective date of this contract and shall continue to completion thereof, estimated to occur within 24 months after said contract is effective.

ARTICLE III - C0 tis'IDERATION Att0 PAYME!!T, PARAGRAPH A, IS REVISED TO READ:

4 I

Under ARTICLE VI - KEY PERSON!!EL, the following names are added:

J. L. Sexton L. W. Brafie W. J. Hinze Under ARTICLE VII - TECHilICAL DIRECTI0ft AttD AUTHORIZED REPRESEt4TATIVE insert the following name:

Neil Steuer Under ARTICLE VIII - TRAVEL R" 'SURSEMEtlT, the solicitation Article is deleted and replaced by the f P sing:

" ARTICLE VEll-TRAVEL REEMSURSE::E:q 1.

The contractor will be reimbursed for reasonable dcmestic travel costs incurred directly and specifically in the* performance of this contract and accapced by the Contrac :ng Giiicer, in accordance wi;h the con rac;or's ' approved travel policy cn file with the ilRC.

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C ntract N3. NRC-04-80-224

.- g p2 em 3 2.

The cos5 of travel by privately c.ned autccabile sha'11 be reimbu'rsed at the mileage rate prescribed by the contractor's established, generally applicable travel policy; crovided, however, that such reimbursement shall-not exceed the cost of less than first-class travel by ccanon carrier.

3.

The cost of trav.e1 by rented automobile shall be reimbursed on a reasonable actual expense basis that does.not exceed the rates prescribed by the contractor's estabitshed, generally appifcable travel policy.

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4.

All cor. mon carrier travel reimbursable hereunder shall be via economy class rates when available.

If not available, reimbursement vouchers will be annotated that economy class acc tr:.odations were not available.

First-class air travel is not authorized.

5.

Reasonable actua? costs of lodging and subsistence, or per dien in iteu of actual costs, shall be a11cwable to the extant thac such actual costs or per diam amounts do not excaed the amounts or per die:n rates prescrfkel by the contractor's estabitshed, generally app 1fcable travel policy.

6.

Receipts are recuired for ccc. on carrier transportation, Todging and miscellaneous itams in excess of 315.00.

7.

Any revision to the contractor's estabitshed, generally applicable travel policy approved by the cognizant audit agency during the period of per-for=ance of this contract shall be effective, without formal mcdificatica to this contract, upcn delivery to the Contract.ing Officer of a copy of such revised policy together with evidence of cognizant audit agency approval thereof."

Under ARTICLE IX - GENERAL PROVISIONS / ALTERATIONS, the General Provisions, cr. titled, " Cost Type Research and Development Contracts with Corrmercial Orgnaizations" dated 2/6/80 is hereby deleted and replaced by the General Provisions, entitled, " Cost Type Researci, and Development. Contracts with Educational Instf tutions" dated 2/15/78.

The following clause is added to the above General Provisions:

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" Utilization of Small Business Concerns June 20, 1979 Reg No. 50 and Small Business Concerns 0>med and Controlled by Socially and Economically Disadvantaged Individuals" ARTICLE X - CONFLICT OF INTEREST IS HERE8Y ADDED AS FOLLOWS:

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Contract No. NRC-04-80-224 Page 4 of 5 ARTICLE X CONFLICT OF INTEREST _

(a) Purpose. The primary purpose of this article is to aid in ensuring that the contractor:

(1) is not' placed in a conflicting role because of current 'or planned interest (financial, contractual, organizational, or otherwise) which relates 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 320-1.5402(f) in the activities covered by this article.

(c) W 'e for others. Notwithstanding any other provision of this contract.

during the '

4 of this contract, the contractor agrees to forego entering into consulting ce other contractual arrangements with any firm or organization, the 3

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 i

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

+

article.

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 othenvise set forth in this contract, it I

does not have any organizational conflicts of interest, as i

defined in 41 CFR 520-1.5402(a).

(2)

The contractor agrees that if after award it discovers organiza-

,)

tional conflicts of. interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement shall include a description 2

of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.

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

(e) Access to and use of information.

(i)

If the Contractor in the performance of this contract obtains access to information, such as NRC plani, policies, reports.

studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been G

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.j Contract No. NRC-04-80-224 Page 5 of 5

.s released to the public, the contractor agrees not to:

(i) use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of such infor-mation to the public, or (iv) release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.

(2)

In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in 1

accordance with restrictions placed on use of the information.

(3) The contractor shall have, subject to patent and security provi-sions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requir e-ments of this contract have been met.

(f) Subcontracts.

Except as provided in 41 CFR 320-1.5402(h), the contractor shall include this article, including this paragraph, in subcontracts i

of any tier.

The terms " contract," " contractor," and " Contracting Officer,"

shall be appropriately modified to preserve the government's rights.

(g) Remedies. For braach 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 4

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 (E00) in accordance with the procedures outlined in 620-1.5411.

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PART I

& CEMYW4WD fotM pt&TU'eAL DEPe!1HE t#4 DEA CPS 84ECL 9 AeOUt Case feett 3 e p.G(

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SOUC1TATION, OITER AND AWARD 1

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ou.s.rces, c.nau aan,ur o RS-RES-80-224 3/27/80 RES-80-224 dated 2/26/80 O eevru o ce= IU a=r to m rno.

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authorized)

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4. Such.mer orov.3,ons. reares.cist.ons.certifican.ons. and io.oficassoas

2. The Generes P ov.saans. $P 32.

edisson. anch as as are atGhad or incorporated hers.a by reference.

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.nser'dd OF ft'd @## rCF, 880 I4 tRe date for rec 3.of of Offef3 50ccali.d soow.. to furnese any or ad4 iterras upon van.cft proces are of f er.d et tne Dr.cs set ocoot.et sa.it

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• PRINCIPAL PLACE OF PERFORMANCE:

RFP RS-RES-80-224 U@o

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Page 2 of 35

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REPRESENT ATIONS. CERTIFICATIONS AND ACKNOWLEDGMENTS REPRESENTATIONS ICheck or comotete att auchcable cases or O!ocks.)

The offe or represents as part of his offer that:

1.

SMALL BUSINESS ISee var I4 on SF 23-A.)

He C is. It is not, a small business concern. If offeror is a small busmess concern and is not the manuf acturer of the supo..es of fered.

he also represents tnat 1.1 sucolies to be furnisned hereunder C will.Tcwill not, be manuf acturered or produced by a small busmess concerts ~

in the United States.s possess.ons, or Puerto Reco.

2.

MINORITY BUSINESS ENTERPRISE He C is. Tc es not, a minority Dusiness enterorne. A minority busmess enterprise is defmed as a "busmess, at least 50 percent of wheen is owned by mortority group members or.in case of publicly owned businesses at least 51 percent of the stoca of which is owned byminceity group members." For the puru.e of this defmition, minority group members are Negroes. Spanish.speakmg American persons, American Orientals. American indians. American Eskimos. and Arnerican.Aleuts.

3.

REGUL AR DE ALE R - MANUF ACTURER (Apohcable only to tuvoly contracts escreding S10.000J He is a C regular dealer in C manufacturer of, the supplies offered.

N/A This is an R & D contract.

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4.

CONTINGENT FEE ISee uar. ts on SF 23 A.I tal He C hat. X has not, empioved or retained any company or persons (orner than a /ut/.tsme cona / ice emo/ove. working solery for the o//erort to soticit or secure tnis contract. and (b) he g has.E has not, paid or agreed to pay any company or person forher taarr a full-tsme Dona foce emptorer woremg solery for the offeror) any fee. commission, percentage. or brontrage f ee contmgent uccn or resulting trom the award of this contract, ano agrees to furnish information relating to tal and (b) above. as recuested by the Contractmg Officer. Innterpre-tation of the representarson, uncl.idong the term ** bona foce employer."see Code of feceral Regulations. Title t1. Succart 1 1.5.1 5.

TYPE OF BUSINESS ORGANIZATION He operates as 2 an mdividual.C 4 partnership. El nonprofit organizaticn 3 a corporation. mcorporated under ine laws of the State of Indiana j

6.

AFFiLiATtoN ANO tDENTlFVING DATA IApohcable only to advertised solicstatuor:s.)

Eacn of feror snan compiete tal and Ibn if aooticaole, and (ci below:

las He C is.f is not owned or controlled by a parent company. (See oar.16 on SF JJ 4.s (bf if the offeror is owned or controlled by a parent company, he shall enter in the blocks beiow the name and main office address of the parent comoany:

we o.r..at %t cowe==

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EOUAL OPPORTUNITY tal He 3 nas. C h.s not. particioated in a preveous contract or subcontract subiect eitner to tne Ecual Opportuni v clause nevenic' the clause orig.nais, contained in section 301 of Esecutive Order No.10925. or the etause contameo in Section 201 of Esecutive Orcter Ne 11114, tnat he E! has. C has not. filed all reovered comodiance reports. ano that reoresentations moscating submission of recuired comotiance reports, signed bv oroposed subcontractors, will be cbtained prior to subcontract awards. (The above reoresentation need not ce suemitted m cont ection with contracts or subcontracts which are esemot from the ecual opportunity clause i tbl The bidder tor offerori teoresents that til he C has deveicoed and has on fine. O was noi deveicoed and coes not have on fine. ai each estachsnment attirmative action programs as reouired by tne rules and regulations of tne Secretary of Lacor (41 CF R 60 t anc 60 21 c' (21 he C nas not previously had contracts suetect to the written affirmative action programs reouirement of tne rules and reoulations of tne Secretarv of Laoor. t The acove representation snait ce cometered by esca coccer for otteror) wnose cod totterb es !$0.000 or more ana wno nas

.' 50 or mnre emorovers b C E R T S F IC A T LO NS

• Decs or como,ere an xos,caose t

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BUY AMERICAN CERTIFICATE

. The of f eror certif.es as'part of his of f er, that: eacn end product, except the end products hated betow. es a domestic emt prottuct tas (termed i

- en tne clause entitled " Buy American Act"). and tPat components of unknown origm nave been considered to have been mined, produced. os manufactured outs.de the United States.

secwcan s=o csws ceu.ru orcae.w None si.

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RFP RS-RES-80-224 i

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's 2.

Ct,EAN AtR AND WATER (Acolicable if the bid or offer excercs $100.000,or the contracting officer has cetermoned enar orcers under an sadefinore quantsty centract un any year,wil esceed $100.0C0, or a facility to be used has been the sub ect of a conrocrson l

under the Clean Aor Act I42 U.S.C 1857c.4fellfilot the feceral Water Pollution Cantrol Act (23 U,$.C 1319fc)) and as listed Oy EPA.

or os not otherwise esemot.)

The bidder or offeror certifies as follows:

(a) Any facility to be utilized in tne performance of this proposed contract C has.f has not, been listed on tne Environmental Protecticn Agency List of Violating Fachties.

(b) He will promptly notify the contractmg officer, anor to award.cf the receiot of any communication from the 0. rector, Office of Fecers: Acuvities. Environmentas Protection Agency,.ndicatmg that any faclity which he proposes to use for the performance of tne contract is under conuderation to be listed on the EPAlist of Violating Faclities.

{c! He will mctuce substantially this certification, inc!uding this paragraph (c), in every nonaxempt subcontract.

3.

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION ISce par.13 on SF JJ-Al f a) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own qqanaation, that n connection with tnis procurementt i

(11 The onces in tnis offee have been arrived at andecencently, without consultation, communication, or agreement, for the Nt,ow of restrcing competition, as to any meer re:Jtine) to sucn pricas with any otner offeme or wicn any ecmcatitor:

(2) Unless otnerwise required by taw. the prices whica have oeen cuoted in tNs offer have not teen knowingly cisciosed by the offeror and will not knowingty ce disclosed by ter offeror poor to ocenmq in tne case of an advertised procurement or poor to award in tne case of a negotiated procurement. directly or indi**ctly to any otner offeror or to any comcatstor; and (31 No attemot has been made or wd! ce made by tne offeror to mduce any other person or firm to sucmit or not to submit an of for for tnat purpos's of restnetmg competition.

(b) Each person signmg tnis otfer cartifies thatt (Il He is.the person in the offecor's organization responsible witam that organization for tne cecision as to the prices teing offered herein and that he has not particoated, and will not particoate. in any action contrary to (a)(1) tnrougn taH31. aoove; or (2) (i) He is not tne person so tne offeror's orgam2ation responsible witnm that crganization for the decision as to tne prices

sseg offered herein but that ne has been autnonzed in wntmq to act as. agent for tne perrons resporisso:e for sucn cecv in certifymq that such persons have not particoated and weil not participate,in any action contrary to (al(1) througn (a)(3) above, and a tneir agent does hereoy to certify; and (ii) he has not particoated, and will not particcate,in any action contrary to (a)(1) through (al(3) atme.

4.

CERTIF;CATTCN CF NCNSEGREGATED FAC;UTIES(Aconcable to if) contracts. C) subcontracts, and 131 agreements worn anchcants ano are themselves performmg lederally utested construction contracts. escerdung S 0.C00 anoen are not esemat trom the prowstons of the Ecust Ocoortunuty clause.)

Sv the sucmission of tnis bid, the bidcoe, offeror, sopticant. or subcontractor esitifies that he does not maintain or provide for Ms empsovees my segregated faclities at my of his estactisnments, and that hedoes not permit his emoloyees to ::erform (neir services at any

'ocation ander Ns controf.wnere segregated faclities are mamtained.He certifies furtner tnat he will not mainta n or provide for nas employ-ees any segregated f aclities at any of his estaclisnartents, and tnat he will not permit his employees to perform their services at any fccation.

uricer his contros, where segregated f achties are maintained. The bidder, off ator, apolicant, or suocontractor agrees mat a breacn of this cer-tefication is a v.clation of ins Ecual Caportunity c:ause in tn s conuact. As used in tnis certification, tne term sagregateo f actit;es

• means ativ waitmg rooms, worit areas. rest rooms and wash rooms, restaurants ed otner eatmq areas, time c!ocks, locker rooms ano otherstorage or dress.ng arass, parkmq Icts, ~crinkmg fountams, recreation or entertainment areas, transoortation, and nousing faelities proviced for emptavges wnicn are segregated by explict cirective or are in fact segregated on toe basis of race /coior, religion or national origm. tecause of haast, tocal custom, or otnerwise. He 'urtner agrees that (except wnere no has obt' med identical cert:fications from prooosed a

subcontractors for sceofic time periods) ne weil obtam identical certifications from orooosed succorstractors anor ro 'tne awarc of l

subcontracts exceedmg $10,000 wrucn are not exemot from the provisions of t e Ecual Cooortunity ctause: t tat ne will retain sucn certifications in his files; ma that he will forward tne following notice to such proposed subcontractors (except enere the orcoosed succontractors have submitted identical certifications for specfic time penodsl:

l 1

Neoco to prospective subcontractors of requirement for cert @ cations of nonsegregated facilities.

]

I A Cartification of Nomegregated Faclities must be sucmitted onor to tne award of-a suecontract exceeding $10.000 whicn is not 3

• e mot from the provisions of tne Ecuas opportunity cfause. The certification may be suomitted eitner for escri suecontract or for as subcontrac s during a period (i.e., quarterty, samaannuatty, or annually). NO TE. The penalty for making fa/re o/rers,s prescruced in is 1

ys.C toot.

R Continued on Page 4 j

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.neme a coosnents ruicervo ano caise as folours:

i NO TE: Orrers must.et torta tutt. accurate a<ta commete amormatoon as recurred cy trus Sat cstation tractusing attacn-tents The penas tr

'cr.naesne false staterrients en offers os presented on !$ f,1.5.C 2001.

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RFP RS-RES-80-224 Pag; 4 of 35 PART I Changes and/or Additions to SF-33 and Representations, certifications, and Acknowledgments 5.

WOMAN-0WNED BtJSINESS Concern is 6 is not 6 a wcman-owned business.

The business is publicly owned, a joint stock association, or a business trust / / yes / / no.

The business is 6 certified 6 not certified.

A woman-owned business is a business which.is, at least, 51 percent owned, controlled, and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions.

Operated is defined as actively involved in the day-to-day management.

For the purposes of this definition, businesses which are publicly cwned, joint stock associations, and business trusts are exempted.

Exempted businesses may voluntarily represent that they are, or are not, woman-owned if this infomation is available.

i 6.

PERCENT OF FOREIGN CONTENT The offeror / contractor will represent (as an estimate), immediately after the award of a contract, the percent of the foreign content of the item or service being procured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent is acceptable).

7.

NON-0ISCRIMINATION BECAUSE OF tGE CERTIFICATION (~1-12.1001)

The offeror hereby certifies e.s follows:

6 (a)

In.the performance of Federal contracts, he.and his sub. contractors shall not in connection with the employment, advanc' ment, or e

discharge of employces or in connection with tne terms, conditions, or privileges of their employment, discriminate against perscns ' - -

because of their age except upon the basis of a bona fide occupa-tional retirement plan, or s'tatutory requirement, and

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6 (b) That contractors and subcontractors, or persons acting on their behalf,,shall not specify, in solicitations or advertisements for.

employees to work.on Government contracts,- a-maximum age limit for such employment unless the specified maximum age limit is based on a bona fide oc(:upational qualification,' retirement plan, or. statutory reguirement.

CERTIFICATION OF RECOVERED MATERIALS (1.-l.2504(b)).

8.

The offeror / contractor certifies that recovered materials will be used as required by specifications referenced in the solicitation /centract.

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s' RFP.RS-RES-80-224 Page 5 of 35-9.

CONTRACTOR ORGANIZATIONAL CONFt.ICTS OF INTEREST

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! represent to the best of my knowledge and belief that:

The award to Purdue Research Foundation of a co01.ract or the modification of an existing contract does L_/ or oces.not /_x/ involve situations or relationships of the type set forth in 41 CFR paragraph 20-1.5403(b)(1).

If the representation as completed indicates that situations or relation-ships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise detennines that potential organizational conflicts exist, the offeror shall provide a-statement in writing which describes in a concise manner all relevant factors bearing on his represen-tation to the Contracting Officer.

If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken:

(a) impose app'ropriate cond'itions which avoid' such conflicts.

(b) d'isqualify the offeror, or (c) detennine that it is othenvise 'in the best interest of the United

. States to seek award of the contract under the waiver provisions of 5 20-1.5411.

The refusal to pro'ide tha representation required by 620-1.5404(b) or v

upon request of.the Contracting Officer the facts required by 120-1.5404(c).

l shall result in disqualification of the offeror for award. The nondisclo-sure or misrepresentation of any. relevant interest may also result in the 1

disqualification of the offeror for awards, or if such nondisclosure or misrepresentation is discovered after award,.the resulting contract may be tenninated. _ The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions pro-vided by. law or the resulting contract.

1 The offeror may, because of actual or potential o'rganizationa'l conflicts of interest.. propose to exclude specific kinds or work from the statements l-of work containad in an RFP unless the RFP specifically prohibits such 1

exclusion. Any such proposed exclusion by an offeror will be considered i

by the NRC in the evaluation of proposals.

If the NRC considers the pro-

+

posed excluded work to be an esse.ntial or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unac.ceptable.

l The offeror's failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor infomality, and.the offeror will be pennitted to correct the omission.

l Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-1.5404-1) prohibiting contractors -from engaging in relationships which may give rise to an actual or apparent conflict of interest. Note: NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV'as Attachment No.1.

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m RFP. RS-RES-80-224

.Page 6 of 35

10. COST ACCOUNTING STANDARDS (Applicable only to negotiated contracts exceeding

$100,000 except when:

see Federal Procurement Regulation, Temporary Regula-tion 44 dated March 29,1978).

• A.

It has been determined by the Contracting Off.icer or his duly author-of the national defense pursuant to 4 CFR 331.20(/_V is not in support ized representative that this requirement / / is b).

B.

If it has been determined that this requirement is in support of the national defense, complete this section.

If it has not been determined to be in support of the national defense, proceed to Section C.

(1) DISCI.05URE STATEMENT - COST ACCOUNTING PRACTICES AND CERTIFICATION Any contract in excess of $100,000 resulting from this solicitation except (i) when the price negotiated is based on:

(A) Established catalog or market prices of comercial items sold in substantial quantities to the general public, or (8) prices set by law or regu-lation; (ii) contracts awarded to small business concerns (as defined in 1-701.1 of the Armed Services Procurement Regulations or FPR 11-1.701-l); or (iii) contracts which are otherwise exempt (see 4 CFR 331.30(b)) shall be subject to the requirements of the Cost Accounting Standards Board. Any offeror submitting a proposal, which, if accepted; will' result in a contract subject to the require-ments-of the Co,t Accounting Standards Board, must, as a condition of contracting, submit a Disclosure Statement as required by regula-tions of the Board. The Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation (see (I),

pelow) unless (i) the offeror, together with all divisions, subsid'-

iaries, and affiliates under cannon control, did not receive net j

awards exceeding the monetary exemption for disclosure as estab-lished by the "ost Accounting Standards Board (see (II), below);

(ii) the offeror pr.eeded the monetary exemption in his cost

' accounting period imediately preceding the cost accounting period in.which this proposal was submitted but, in accordance with the l

regulations of the Cost Accounting Standards Board, is not yet required to submit a Disclosure Statement (see (III), below);

(iii) the offeror has already submitted a Disclosure Statament disclosing the practices used in connection 'with the pricing of this proposa! (see IV), below; or (iv). post-award submission has j

been authorized by the Contracting Officer.

See 4 CFR 351.70 for submission of copy of Disclosure Statement to the Cost -

Accounting Standards Board.

CAUTION: A practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed to practice for pricing proposals or accumu-lating and reporting contract performance cost data.

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RFP RS-RES-80-224 Pag 2 7 of 35 o

4 Check the appropriate box below.

6 I.

CERTIFICATE OF CONCURRENT SUBMISSION OF DISCLOSURE STATEMENT (S)

The offeror hereby certifies that he has submitted, as a part of his proposal under this solicitation, copies of the Disclo-3 sure Statement (s) as follows:

(i) original and one copy to the cognizant Contracting Officer (Administrative Contracting Officer (ACO), see 000 Directory (of Contract Administrationii) on Components (000 4105.59H)); and contract auditor.

Date of Disclosure Statement (s):

5 Name(s) and Address (es) of Cognizant AC0(s) where filed:

The offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement (s).

6 II. CERTIFICATE OF MONETARY EXEMPTION The offeror hereby certifies that he, tcgether with all divisions, subsidiaries, and affiliates under comon control, did not receive net awards of negotiated national defense prime contracts and subcontracts subject to Cost Accounting Standards totaling more than $10 million in his cost account-ing' period imediately preceding the period in which this proposal was submitted. The offeror further certifies that if his status changes prior to an award resulting from this proposal, he will advise the Contracting Officer imediately.

CAUTION: Offerers who submitted a Disclosure Statement under the filing requirements previously established by the Cost Accounting Standards Board may claim this exemption only if the dollar volume of CAS covered national defen~se prime centract and subcontract awards in their preceding cost accounting period did not exceed the $10 million threshold and the amount of this award will be le'ss tha'n $10 million. Such offerors will continue to be respon-sible for maintaining the Disclosure Statement and folicwing the e

' disclosed practices on CAS covered prime contracts and subcontracts awarded during the period in which a Disclosure Statement was required.

G III. CERTIFICATE OF INTERIM EXEMPTION The offeror hereby certifies that (i) he first exceeded the monetary exemption for disclosure, as defined in (II) above, in this cost accounting period imediately preceding the cost

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e RFP RS-RES-80-224 Page 8 of 35 i

accounting period in which this proposal was submitted, and (ii) in accordance with the regulations of the Cost Accounting Standards Board (4 CFR 351.40(f)), he is not yet required to '

submit a Disclosure Statement.

The offeror further certifies that if an award resulting from this proposal has not been made within.90 days after the end of that period, he will imediate.ly submit a revised certificate to the Contracting Officer, in the form specified under (I), above or (IV),

, below, as appropriate, to verify his submission of a completed Disclosure Statement.

CAUTION: Offerors may not claim this exemption if they are currently required to disclose because they were awarded a CAS covered national defense prime contract or subcontract of S10 million or more in the current cost accounting period.

Further, the exemption applies only in connection with proposals submitted prior to expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

6 IV. CERTIFICATE OF PREVIOUSLY SUBMITTED OI'SCLOSURE STATEMENT (S) 4 I

The offeror hereby certifies that the Disclosure Statement (s)

- were filed as follows:

Date of Disclosure Statement (s):

Name(s) and Address (es)' of Cognizant Contracting Officer (s)

(AC0(~s)) where filedi The offeror further certifies that practices used'in esti-mating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure

. Statement (s).

(2) COST ACCOUNTING STANDARDS - EXEMPTION FOR CONTRACTS OF $500,000 OR LESS If' this proposal is ex' ected to result in'the award of a contract p

of $500,000 or less, the offeror. shall indicate whether the exemp-1 tion to the Cost Accounting Standards clause under the provisions

)

of 4 CFR 331.30 (b)(8)'is : claimed.

Failure to check the box below 1

shall mean that the resultant contract is subject to.the Cost Accounting Standards clause or that the offeror elects to comply with such clause.

The offeror hereby claims an exe[dption frcm the Cost Accounting Standards clause under the provisions of 4 CFR 331.30(b)(3) and certif tes that he has received notification of final acceptance of 4

all deliverable items on (1) all prime contracts or subcontracts e

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RFP RS-RES-80-224 Pace 9. of 35 4

1 in excess of-$500,000 which contain the Cost Accounting Standards clause, and (ii) all prime contracts or subcontracts of $500,000 or less awarded after January 1,1975, which contain the Cost Accounting Standards. clause. The offeror further certifies that he will ime-diately eatify the Contracting Officer in writing in the event he is awarded any other contract or subcontract containing the Cost Accounting Standards clause subsequent to the date of this certificate but prior to the date of any award resulting from this proposal.

(3) COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED CONTRACT I

COVERAGE If the offeror is eligible to use the modified provisions of 4 CFR-332, and elects to do so, he shall indicate by checking the box l

below.- Checking the box below shall mean that the resultant con-tract. is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

i 6 The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 4 CFR 331.30(b)(2), and certifies that he is eligible for use of the Disclosure and Consis-tency of Cost Accounting Practices. clause because (i) during his i

cost accounting period imediately preceding the period in which this proposal was submitted, he received less than $10 million in awards of CAS covered national defense prime contracts and subcon-tracts, and (ii) the sum of such awards equaled less than 10 percent f

of his total sales during that~ cost accounting period. The offeror further certifies that if his status changes, prior to an award' resulting from this proposal, he will advise the Contracting Officer l

innediately.

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CAUTION: Offerers may not claim the above eligib.ility for modified contract coverage if this proposal is expected to result in the award of a contract of $10 million or more, or if, during their current cost accounting period, they have been awarded a' single CAS-covered national defense prime contract or subcontract of $10 million or more.

(4) A00!TIONAL COST ACCOUNTING STANDAR05 APPLICABLE TO EXISTING CONTRACTS The offeror shall indicate below whether award of the contemplated

. contract would, fri accordance with paragraph (a)(3) of the Cost l

Accounting Standards clause, require a change in his established cost accounting practices affecting existing contracts and sub-contracts.

1 l

6 Yes 6 No NOTE:

If the offeror has checked 'Yes" above, and is awarded the contemplated-contract, he will be required to corrply with the administration' of the Cost Accounting Standards clause.

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4 RFP RS-RES-80-224

' l Page 10 of 35

- C.

If it has been determined that this requirement is not in support of the national defense, complete this section.

(1) COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE

~

If the offeror is eligible to use the modified provisions of 4 CFR 332, and elects to do so, he shall indicate by checking the box below.

Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost A.: counting Practices clause in lieu of the C,ost Accounting Standards clause.

6 The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 4 CFR 331.30(b)(2), and certifies that he is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (i) during his cost accounting period immediately preceding the period in which this proposal was submitted, he received less than $10 million in awards of CAS covered national defense prime contracts and subcontracts, and (ii) the sum of such awards equaled less than 10 percent of his total sales during that cost accounting

)

period. The offeror further certifies that if his status changes prior to J

an award resulting from this proposal, he will advise the Contracting Officer imediately.

CAUTION: Offerors may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a contract of $10 million or more or if, during their current cost accounting period, they have been awarded a single CAS-covered national defense prime contract or subcontract of $10,million or more.

(2) COST ACCOUNTING STANDARDS CERTIFICATION - NONDEFENSE APPLICABILITY Any negotiated contract in excess of $100,000 resulting from this solici-

.tation shall be subject to the requirements of the clauses entitled Cost Accounting Standards - Nondefense Contract (FPR ll-3.1204-2(a))

and Administration of Cost Accounting Standards (FPR sl-3.1204-1(b)) if it is awarded to a contractor's business unit that is performing a national defense contract or subcontract which is subject to cost accounting standards pursuant to 4 CFR 331 at. the time of award, except contracts which are otherwise exempt (see FPR ll-3.1203-2(a) and (c)(4)).

Otherwise, an award resulting from this solicitation shall be subject to the requirements of the clauses entitled Consistenc Practices - Nondefense Contract (FPR El-3.1204-2(b)y of Cost Accounting

) and Administration of Cost Accounting Standards (FPR 11-3.1204-1(b)) if the award is (f) the first negotiated contract over 5500,000 in the event the award is a 1

contractor's business unit that is not performing under any CAS-covered national defense or nondefense contract or subcontract, or (ii) a negoti-ated contract over $100,000 in the event the award is to a contractor's business unit that is performing under any CAS-covered national defense or nondefense contract or subcontract, except contracts which are other-wise exempt (see FPR $1-3.1203-2(a) and (c)(4)). This solicitation notice is not appitcable to small business concerns.

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RFP RS-RES-80-224 Page 11 of 35 Certificate of CAS Applicability The offeror hereby certifies that:

6 It is currently perfoming a negotiated natio'nal defense A.

contract or subcontract that contains a Cost Accounting Standards clause (4 CFR 331), and it is currently required to accept that clause in any new negotiated national defense contracts it receives that are subject to cost accounting standards.

8.

6. It is currently perfoming a negotiated national defense or nondefense contract or subcontract.that contains a cost accounting standards clause required by 4 CFR 331 or 332 or by FPR Subpart 1-3.12, but it is not required to accept the 4 CFR 331 clause in new negotiated national defense contracts or succontracts which it receives that are subject to cost accounting standards.

6 I' is' not performing any CAS-covered national defense or t

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C.

nondefense contract or subcontract.

The offeror further certifies that it will inmediately notify the Contracting Officer in writing in the event that it is awarded any negotiated national defense or nondefense contract or subcontract containing any cost accounting standards clause subsequent to the date of this certificate but prior to the date of the award of a contract resulting from this solicitation.

It is an educational institution receiving contract awards

& ject to FPR Subpart 1-51.3 (FMC 73-8, OMB Circular A-21).

D.

sub E.

6 It is a State or local government receiving contract awards

-l subject to FPR Subpart 1-15.7 (FMC 74-4', OMB Circular A-87).

F.

6 It is a hospital, NOTE: Certain firm fixed price negotiated nondefense contracts-awarded on the basis of price competition may be determined by the Contracting Officer (at the time of award) to be exempt from cost accounting standards (FPR ll-3.120302(c).

(4)(iv)).

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Additional Certification - CAS Applicable Offerors 1

G.

6 The offeror, subject to cost accounting standards but not certifying under 0. E, or F above, further-certifies that practices used in estimating costs in pricing this proposal are consistent with the practices discussed 'in the Disclosure Statement ('s) where they have been submitted pursuant to CA'SB regulations (4 CFR 351).

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RFP RS-RES-80-224 Page 12 of 35 Data Required - CAS Covered Offerors The of#eror certifying under A or B above but not under 0. E, or

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F above, is required to furnish the name, address (including agency or department component); and telephone number of the cognizant Contracting Officer administering the offeror's CAS-covered contracts.

If A above is checked, the offeror will also identify those currently effective cost accounting standards, if any, which upon award of the next negotiated national defense contract or subcontract, will beccme effective upon the offeror.

Name of C0:

Address:

Telephone No.:

Standards not yet applicaole:

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