ML19341B845
| ML19341B845 | |
| Person / Time | |
|---|---|
| Issue date: | 01/02/1981 |
| From: | Morton K, Ribera J NRC OFFICE OF ADMINISTRATION (ADM), SRI INTERNATIONAL |
| To: | |
| Shared Package | |
| ML19341B844 | List: |
| References | |
| CON-FIN-B-6793, CON-NRC-04-81-211, CON-NRC-4-81-211 NUDOCS 8102270935 | |
| Download: ML19341B845 (14) | |
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S. :(uclear Regulatory Conaission Ue S. fluclear Regulatory Comraission Office of Nuclear Regulatory Research Office of the Controller ATTal: Mr. Robert Abbey k'ashington, DC 20555 L'ashington, DC 20555 C to u 5 C. 220d tex 3
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(JG di u s c. 2s2 t<X 10 11 A>CCOUNTreG AND AFf tOPR! ADO *d DATA B&R NO. 60190210 FIN NO. 86793
$197,717.00 I S.
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$UPPLif 5/$(RVIC11 OUANIITT UNIT UNf! FilCI A na OUNT 4 RESEARCH STUDY ENTITLED:
" ANALYSIS OF ATMOSPHE RIC JIFFUSION THROUGH APPLICATION OF LIDAR TECHNOLOGY
SS DESCRIBED Ifi ARTICLE I HERE0F AND THE CONTRACT )R'S
, TECHNICAL PROPOSAL EDU-79-12R3 DATED 9/4/30 AND DRIGINAL TECHNICAL PROPOSAL EDU-79-12 DATED 2/9/8).
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TOTAL AMOUNT Of CONTS Act 5 197,717 U0
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Centract No.
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h Page 2 of 14 Table _of Contents Contract No. NRC-04-81-211 This contract consists of:
1.
Cover page (SF-26) 2.
Table of Contents 3.
Special Provisions (Contract Schedule)
ARTICLE I
- STATEMENT OF WORK ARTICLE II
- PERIOD OF PERFORMANCE ARTICLE III
- CONSIDERATION AND PAYMENT ARTICLE IV
- OVERHEAD / GENERAL AND ADMINISTRATIVE RATES ARTICLE V
- PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION ARTICLE VI
- KEY PERSONNEL ARTICLE VII
- TECHNICAL DIRECTION ARTICLE VIII - PROJECT OFFICER 4
ARTICLE IX
- CONFLICT OF INTEREST ARTICLE X
- TRAVEL REIMBURSEMENT ARTICLE XI
- WOMEN-0WNED BUSINESS CONCERNS SUBCONTRACTING PROGRAM (OVER $500,000)
ARTICLE XII
- OPTION TO EXTEND THE TERM 0F THE CONTRACT ARTICLE XIII - GENERAL PROVISIONS / ALTERATIONS 4.
Attachments General Provisions - Cost Type R&D Contracts With Commercial Organizations (2/6/80)
NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20)
NRC Manual Chapter 3202 Billing Instructions for NRC Cost-Type Contracts
Page 3 of I4 PART III CO.NTRACT SCHEDULE ARTICLE I - STAsEMENT OF WORK The contractor shall furnish all personnel, materials, equipment, facilities, and services necessary to perform, and shall therewith perform the technical tasks listed below.
Phase I (1st year)
Task 1 -- Improve lidar system for processing large data bases Task 2 -- Evaluate improved system using existing data Task 3 -- Conduct field study of vertical diffusion and building wake effects in flat terrain Task 4 -- Analyze data from flat terrain field study and compare with results from gas tracer measurements Task 5 -- Deve;op a technical plan for a field study of atmospheric diffusion in rough terrain Task 6 -- Develop experimer.tal designs for a comprehensive field study of atmospheric diffusion at coastal sites Phase II (2nd year)_
(OPTION YEAR)
Task 1 -- Conduct field study of atmospheric diffusion in rough terrain and analyze data Task 2 -- Refine and finalize the experimental design for the coastal diffusion field program Phases III and IV (3rd and 4th years)
(OPTION YEAR)
Task 1 -- Conduct and implement coastal diffusion field program Task 2 - Provide quality assurance and a master compilation of data from all.
participants in coastal diffusion field program Task 3 -- Analyze data from coastal diffusion field program in cooperation with other experimental participants NOTE: THIS EFFORT IS SEPARATED INTO FOUR PHASES. THE INITIAL EFFORT, PHASE I, SHALL BE PERFORMED OVER A ONE (1) YEAR PERIOD. OPTIONS ARE INCLUDED TO EXTEND THIS CONTRACT FOR THREE (3) ADDITIONAL YEARS OR A PORTION THEREOF.
j A GENERAL OUTLINE OF THE WORK REQUIRED UNDER PHASES II THRU IV IS PROVIDED t
AB0VE. A MORE DETAILED STATEMENT OF WORK FOR EACH PHASE MAY BE PROVIDED CRIOR TO EXERCISE OF EACH OPTION.
Page 4 of la REPORTS, DOCUMitiTATION, AtiD OTHER DELIVERABLE EtiD ITEMS _
l To assure that formal '!RC contractor documents will carry the registered f RC designation "tJUREG" as tne prime identification, the technical reports listed below are to be doc.umented, produced, and disseminated in accordance with tiRC i
Manual Chapter 3202, which is incorporated herein by reference and made a part of this contract (HRC Manual Chapter 3202 is applicable only to the Final Report).
Annual Report An annual report sumarizing each year's activities and findings shall be subnitted in August of each year of the contract.
The annual report shall elim-4 i
inate the need for the 4th Quarter Report.
1 Quarterly Progress (Letter) Reports A quarterly letter progress report, in reproducible master and one copy to the l
Project Officer and one copy to the Contracting Officer, shall be due by February 1. !!ay 1, and November 1 of each year and shall include as a minimum:
a technical report of progress describing Tiadings to date, problems a.
incurred and solutions proposed, and plans for the ensuing quarter; i
b.
a report of costs incurred to date as follows:
-- Direct labor costs
-- Travel - expenses
-- Overhead
-- Additional costs
-- Forecasts for contract completion f
Topical Report At the conclusion of each task, a summary topical report shall be submitted in i
l.
camera-ready copy and one copy to the Project Officer.
As a minimum, these I
reports shall include:
I a.
Research methodology b.
Experimental design c.
Analysis techniques d.
Conclusions l
e.
Identification of uncertainties f.
Reco=endation for future work g.
All data in reduced form as an appendix Final Report l
Sixty (60) calendar days prior to expiration of the contract, the contractor j
shall submit one camera-ready copy of a final report to the fiRC Project Officer and one copy to the Contracting Of ficer. This report shall eliminate the need l
for a Quarterly Progress Report in the last month.of the contract.
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The final report shall contain, as a nininum, a ccmprehensive sur.r.arization l
Of the erotice contract offort.
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SRIEFIt!G5/MEETIt!GS Within thirty (30) days of the IlRC's receipt of each annual report, the contractor shall attend a one-day briefing at the I;RC facilities in Silver Spring,1:aryl and.
The purpose of this meeting shall be:
a.
to r? view the progress to date; b.
to review anticipated future work activity; and to receive tiRC comments on the annual report.
c.
The briefing shall involve the contractor's key personnel, fiRC technical staff assigned to t.his contract, and any other participants deemed necessary by the ARC ARTICLE II PERIOD OF PERF0Td4 NICE The perfomance of work described in ARisCLE I here,of shall comence as of the effective date of this contract and shall continue to completion thereof, esti-mated to occur within 32 nonths after said contract is effective.
ARTICLE III - CONSIDERATI0( NJD PAYMEtq (Fully Funded CPFF)
A.
Estimated Cost, Fixed Fee and Oblication 1.
It is estimated that the total cost to the Governrent for full perform-of which the sum of ance of this contract will be 5 197 717.00 represents the estimated reimbursable costs, and of which represents the fixed fee.
9 There shall be no adjustcent in the amount of the contractor's fixed 2.
fee by reason of differences between any estimate of cost for perfomance of the work under this contract and the actual cost performance of that work.
The amount presently obligated by the Government with' respect to this.
I 3.
contract is S 197,717.00 B.
Payment The Government shall render payment to the contractor in approximately thirty (30) days after submission of proper and correct, invoices or vouchers.
Additional provisions relating to payment are contained in Clause 5.1-1 i
of the General Provisions hereto.
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Contract No. NRC-04-E,1-211 Page 6 of 14 ARTICLE IV - OVERHEAD / GENERAL A*;D ADMINISTRATIVE RATES Pending the establishment of final overhead rates, which shall be negotiated based on audit of actual costs, the Contractor shall be reimbursed for allowable overhead costs at the current provisional rates negotiated with Contractor's cognizant Government audit agency, DCASMA - San Francisco.
ARTICLE V
- PRIVATE USE A!'O FROTECTION OF UNCLASSIFIED GOVERNMENT INFORMATION Except as specifically authorized by this contract, or as otherwise approved A.
by the Contracting Officer, records or other information, documents and material furnished by the Commission to the contractor in the performance of this contract, 'or information developed by the contractor in the course of the :vork hereunder, shall be useil only in connection with the work performed The contractor shall, upon ccepletion or termination of under this contract.
this contract, transmit to the Commission all records or other information, documents and material, and any copies thereof, furnished by the Commissior to the contractor or developed by the contractor in the performance of this contract.
The contractor shall be responsible for safeguarding from unauthorized dis-B.
closure any information or other documents and material exempt from public disclosure by the Commission's regulations and made ayailable to the con-The tractor in connecticn with the performance of work under this contract.
contractor agrees to conform to all regulaticns, requirements, and directions of the Commission with respect to such material.
C.
The contractor's duties under this clause shall not be construed to limit or affect in 'any way the centractor's obligation to conform to all security regulations and requirements of the Commission pertaining to classified information and material.
ARTICLE VI - KEY PERSONNEL _
Pursuant to this ARTICLE (Key Personnel), the folicwing individuals are censidered to be essantial to the successful performance of the work hereunder and shall not In such event, be replaced without the prior approval of the Contracting Officer.
the contractor agrees to substitute persons possessing substantially equal abilities and qualifications satisfactory to the Contracting Officer.
Dr. Warren Johnson; Dr. Edward Uthe
Tage 7 of 14 ARTICLE VII TECHNICAL DIRECTION Performance of the work under this contract shall be subject to the tech-nical direction of the NRC Froject Of ficer named in ARTICLE A.
this contract.
following:
Technical direction to the contractor which shifts work enphasis between areas of work or tasks, requires pursuit of certain lines of 1.
inquiry, fills in details or otherwise serves to accomplish the con-tractual scope of work.
Providing assistance to the contractor in the preparation of drawings, specifications or technical portions of the work description.
2.
Review and where required by the contract, approval of technical
' reports, drawings, specifications and technical information to be 3.
delivered by the contractor to the Government under the contract.
Technical direction must be within the general scope of work stated in the The Project Of ficer does not have the authority to and maf not
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B.
con tract.
issue any technical direction which:
Constitutes an assignment of additional work outside the general scope 1.
of the contract.
3 Constitutes a change as defined in the clause of the General Provisions, 2.
entitled " Changes."
In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for 3.
contract performance.
Chinges any of the. expressed terms, conditions or specifications of 4.
the contra ~ct.
ALL TECHNICAL DIRECTIONS SHALL BE ISSUED IN WR OR SHALL BE CONFIRMED BY SUCH PERSON IN WRITIN C.
A copy of said written direction shall be.
DAYS AFTER VERBAL ISSUANCE.
submitted to the Contracting Officer.
shall proceed promptly with the performance of technical directions duiy issued by the Project Officer in the manner prescribed by The contractor this article and within such person's authority under the provisions of this article.
m
bke U of centractor, any instruction or direction issued by the Project Officer is within one of the categories as defined If, in the opinion of the through (4) above, the contractor shall not proceed but shall notify Contracting Officer in uriting within five (5) working days after the i g receipt of any such instruction or direction and sha11 request th Oflicer to modify the contract accordingly.from the contracto h
contract modification or advise the contractor in writing that, in t e of this article and does not constitute a change u Any unaut'horized commitnent or direction issued by the Projec result in an unnecessary delay in the contractor's performance, and m D.
d even result in the contractor expending funds for una110wable costs un er the contract.
A failure of the part.ies to agree upon the nature of the instruction or direction or.upon the contract action to be taken with E.
ARTICLE VIII-PROJECT OFFICER is hereby designated as the Contracting Officer's authorized t
f this representative (hereinafter called Project Officer) for tech Robert Abbey terminates which results_in or could result in an increase in contract contract.
ilateral directive whatever.
(1) monitoring the contractor's technical ding The Project Officer is responsible for:
progress, including surveillance ard assessment of performance, and to the Contracting Officer changes in requirements; (2)(4) p(e work; (3) performing technical evaluation as required;
- 5) assisting the inspections and acceptances required by this contract; and f mance.
contractor in une resolution of technical problems encountered during per o i
Within the purview of this authority, the Project Officer is authorized to d tions all costs recuested for reimbursement by contractors and submit recommen a for approval,' disapproval, or suspension for supplies any changes in terms; conditions, or amounts cited in the contract.
the contract.
For guidance from the Project Officer to the cont
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ditions constitute new assignment of work or change to the expressed terms, con basis for or specifications 'incorporat'ed into this contract; (3) not constitute a dl nd, as an extension to the period of performance or contract delivery sche u e; a t cost.
stated above, (4) not constitute a basis for any increase in the contrac
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Contract No. MC-04-cN;l Pane 9 of 14 ARTICLE IX
- CONFLICT OF ltHEREST (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 othenvise) 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.
l (b)
Scope.' The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR s20-1.5402(f) in the activities covered by this article.
(c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed 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 If the contractor believes with respect to itself or any such employee article.
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 app; oval of the Contracting Officer prior to execution of such contractual arrangement.
(d) Disclosure after award.
The contractor warrants that to the best of its knowledge and l
(1) 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).
The contractor agrees that if after award it discovers organiza-(2) 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 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-
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tion to be in the best interests of the government.
(e) Access to and use'of information.
If the Contractor in the performance of this contract obtains (1) access to information, such as NP.C 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 v rw
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Contract No. W-04-El-211 l i
Page 10 of released to the public, the contractor agrees not to:
(i) use
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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) 4 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 i
prior written approval by the Contracting Officer unless such information has previously been released to the public by the t'RC.
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3)
The contractor shall have, subject to patent and security provi-sions of this contract, the right to use technical data it produces under this contract for private purposes provided that all require-ments of this contract have been met.
(f)
Subcontracts.
Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this article, including this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and " Contracting Officer,"
shall be appropriately modified to preserve the government's rights.
(g)
Remedies.
For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
(h) Waiver.
A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 920-1.5411.
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Contract fio. I.RC-04-51-211 Page il of 14 ARTICLE X - TRAVEL REI!GURSEMENT The contractor will be reinbursed for reasonable dcmestic travel costs 1.
incurred directly and specifically in the performance of this contract and accepted by the Centracting Officer, in accordance with the contractor's approved travel policy cn file with the NRC.
The cost of travel by privately cwned automobile shall be reimbursed at the mileage rate prescribed by the contractor's established, generally 2.
applicable travel policy; crovided, however, that such reimbursement shall not exceed the cost of less than first-class travel by cccmon carrier.
Tne cost of travel by rented automobile shall be reimbursed on a reascnable 3.
actual expense basis that does not exceed the rates prescribed by the contractor's established, cenerally applicable trav'ei policy.
All cormon carrier travel reimbursable hereunder shall be via economy class rates when available.
If not available, reimbursement vouchers will be 4
First-class annotated that economy class acc:=odations were not available.
air travel is not authorized.
Reasonable.actua' costs of lodging and subsistence, or per diem in lieu of E.
actual costs, shall be allcwable to the extent that such actual costs or per diem amounts do not exceed the amounts or per diem rates prescribei by the contractor's estabi'shed, generally applicable travel policy.
Any revision to the centractor's established, generally applicable travel 6.
policy _ approved by the cognirant audit ' agency during the period of per-for=ance of this contract shall be effective, without femal modification to this centract, uoen delivery to the Contracting Officer of a copy of such revised policy together with evidence of cognizant audit agency appro.yal the esf.
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. n; Page 12 of 14 ARTICLE XI
- WOMEN-Ob" FED BUSIfiESS CONCERNS SUSCONTRACTItiG PROGRAM _(OVER
$500,000_
(a) The Contractor agrees to establish and conduct a program which will enable women-owned business concerns to be considered fairly as subcontractors and suppliers under tNs contract.
In this connection, the contractor shall:
(1) Designate a liaison officer who will administer the Contractor's "h' omen-Owned Business Concerns Program.
(2) provide adequate and timely consideration of the potentialities of known women-owned business concerns in all "make-or-buy" decisions.
(3) Develop a list of qualified bidders that are women-owned businesses and assure that known women-owned business concerns have an equitable opportunity to. compete for subcontracts, particularly by making information on forthcoming opportunities available, by arranginp i'
solicitat; ions, time for the preparation of bids, quantities,.
specifications, and delivery schedules so as to facilitate the participation of women-owned business concerns.
(4) Maintain records showing (i) procedures which have been adopted to
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. comply with the policies set forth in this clause, including the establishment of a source list of women-owned business concerns; (ii) awards to women-owned businesses on the source list by minority and non-minority women-owned business concerns; and (iii) specific efforts to identify and award contracts to women-owned business Concerns.
(5)
Include the " Utilization of k' omen-Owned Business Concerns" clause i
in subcontracts whkh offer substanital subcontracting opportunities.
(6) Cooperate in any studies and surveys of the contractor's women-owned business contarns procedures and practices tha't the Contracting Officer may-from time-to-time conduct.
l Submit periodic reports of subcontracting to women-owned business (7) concerns with respect to the records referred to in subparagraph (4) above, in such form and manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe.
(b) The contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000 or $1,000,000 in the case of contracts for the construction of any public facility and which offers substantial subcontracting possibilitie-provisions which shall conform substantially to the language of this clause, including this' paragraph (b), and to notify the Contracting Officer of the names of such -subcontractors.
(c) The contractor further agrees to require written certification by its subcontractors that they are bona fide women-owned 'and controlled business concerns in accorcance with the definition of a women-owned business concern as set forth in the Utilization Clause 1(b) above at the time of submission of bids or proposals.-
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Page 13 of 14 ARTICLE XII OPTION TO EXTEND THE TEM 4 0F THE CONTRACT A.
At the option of the Government, this contract may be extended for a total ofTHREE(3) additional years, or a portion thereof, by the Contracting Officer j.
giving written notice of extension to the Contractor prior to the expiration date of this contract.
If the Government exercises such option, the contract as extended shall be deemed to include this option provision: Provided, j
however, That the duration of this contract, including the ext cise of any l_
options under this clause shall not exceed forty-eight (48) months.
8.'
In the event that the contract is extended in accordance with paragraph A of this Article, the Contractor shall continue the effort described in ARTICLE I - SCOPE OF WORK, during the 12**
month period immediately following that set forth in ARTICLE II - PERIOD OF PERFORMANCE.
IT IS UNDERSTOOD THAT TBERE SHALL BE TilREE SEPARATE OPTIONS FOR A PERIO OF-TWELVE MONTHS EACH.
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Contract ho. f.RC-04-U.-211 Page 14 of 14 ARTICLE XIII GENERAL PROVIS10.15/A!.TERATIONS This contract is subject to the attached -provisions cf Appendix A, General Provisions, entitled " Cost Type Research and Development Contracts With Commercial Organizations," dated 2/6/80.
NOTE: AVAILABILITY OF TEXT OF CLAUSES _ - The complete text of clauses, incorporated by reference, is available, for a nominal fee, in the publication entitled " Code of Federal Regulations - 41 CFR l-1.000, Chapter 1 to 2, Federal Procurement Regulations (Chapter 1)" which may be obtained from the Superintendent of Documents, U. S. Government Printing Office, Washington, D.C.
20402.
Copies of the ' complete text of specific clauses are availacle from the Nuclear Regulatory Commis-sion Division of Ccutracts, Uashington, D.C.
20555 and will be furnished ' upon request.
P_ rovisions deleted in their entirety:
Provision 1.8
" Payment of Interest on Contractors' Claims" Provisions deleted and superseded by the following:
Provision FPR No.
Reference Title Date i
1.1 1-7.402-1
" Definitions" Aug 4,1975 1.10 1-7.102.12
" Disputes" Feb 5,1980 1.13 1-7.103-3
" Examination of Records Sep 25,1975 by Comptroller General" 3.5 1-1.323-2
" Preference for U.S. Flag Dec 8,1976 A,e Carriers" and "Certifi-cation of Unavailability of
^
U.S. Flag Air Carriers" 13. 9 FPR Temp.
" Utilization of Small fiay 23,1980 Reg.. No. 50 Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals" 2.12.
1-7.402-25 Government Property (Cost April, 1975 Reimbursement, Nonprofit)
Provisions added:
3.13
_ OFPP* Policy
" Utilization of Women-0wned Apr 29,1980 Letter-80-4 Business Concerns"
. 3.14 -
0FPP*' Policy
" Women-Owned Business Concern Apr 29,1980 Letter 80-4 Subcontracting Program" (Applicable to = contracts over 5500,000 or $1,000,000 for-con -
-struction of any public facility) 00FPP (Office of Federal l Procurement Policy)
... -.-