Text

Solicitation,Offer & Award of Tsunami Bibliography, to Technocrats,Inc
	ML20003A978
Person / Time
Issue date:	01/27/1981
From:	Lebo C, Mandlik K; NRC OFFICE OF ADMINISTRATION (ADM), TECHNOCRATS, INC.
To:	;
Shared Package
ML20003A974	List: ML20003A973; ML20003A978;
References
	CON-NRC-10-81-368 NUDOCS 8102100144
	Download: ML20003A978 (70)
	v • d • e

.__.

-.,r PART i

~

l I

SCUCHATION, CFFER AND AWARD T, [ '"

y

" ' ' " ~

, ~,...

.-~ ~

IF3 No. RS-ACM-81-368 O

coo, i

. m = o ro,. -

NRC-10-81-368

~~pa

== s,= @==rw= m 12/12/80 RFPA No. ACM-81-368 i.f. 5. h:: ear Regulatory C missicn Civision of C:ntracts Wasni. g.:n, D.C.

20555 Same as Block No. 7 a.

a SOUC2TATl000 A. ' : c.*.

s a. J U.% '2 lita4. 31bitti.t cm.y L

.c Easteri Avenue: e -

u. e % de t., r e

.n.s i

m ts. a..r s %

,1,, Mr.! 286. 7915 11003_,,_,,,,,,,,,, 1 / t o m t 511ver Spring MD 20910 o,,,,,,

t.

, o

. ei.==.

cu r:cw - u rs ossene s i

,s.,s s,

, c (Telegraphfc responses are not i

u

. ai.

autherized)

2. n 1 _

i w3 a 2u Januarv 1973 2,y,,.3,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,%

.,. : ~~

sm.

=

. _., _ m m-

_ ~

e:n c.wr>corcAu.m a e

,.anu.

,an,se. Q { f Ua9%; 3Qy4Q-Q,,gQOcgniga,0ffyer Sc>.anuta g

-,.oj J,, :.. i,.r c.

.. w.u.

c.

is ou.

W E: The address shcwn in Block 7 is for raai ling enly

!and-carriec bids should be delivered to the: Sid Opening Offfcer or the Sid 4hCC0 'C#

'p Opening Officer's Representative at the guarcs cesk, main lobb; at 7915 Eastern Avenue, Silver Spring, Maryland.

Telegraphic responses ARE NOT AUTr'iCRIZED.

CFPIM(D.g 2.,,e Je,,u.ta.

De,ue,yc a.,..e Oy o,r.,U,7

i. _ m r..

uw o,

~,

.. n,. n...,,,

m..

e.s

.+c a

@ica n

- = cx-e ca.u c.n

n. cart.ca

ceI i

- cun coor t

'a r.aa ^=* nn 8 c' "aSo" aun*"'<*o to se cana a

e

'O:' ~ r :'r'rrTnym tpul:pm TyI r ;

KUSUM MAN'DLIk', Ph D-O.: ';"

J. W.'.'.:. 2 % / %.

. D.:..:.

v.

I m g % :,,,y r.

.i e-.,.

,.c.aT C,,.,p, S.e.e.below. fGff '. f

.. s c

,u

-t

.MTa

. u,.

o.,.

.-v u

uue g

$l 5li%i.

= - - - -

.:.m_n.,

- -- - -. - i. -....

ro e, ce,.,

, co

,r

r...:1. = - n --- - mo

,, ou,

22.c:=u.

-.r.o.,o.,.

B&R: 48-20-25-604 E.1

$4,000.00 Acoropriation: 31X0200.401 m,_--_

a ;;.gn.r,vo, i.usc>=-..

x o

r.. u c m.

1.

%.7 *3 p.,,

CDot l 2,..., vs.gg.g esagg..

Ccad {

J. e U.S. Nuclear Regulatory Connission CON, Division of Accounting, L-316 Washington, D.C.

20555 as e ::

p.

=w3 0 ct.,,,

23. UtteTED STATES Cp.aadtpr.A Aa aa.

o ;. *a Craig D. Lebo

'L--

_ S.gr.,ur. or car *,.c*u s art c.at I

l

...,.~.-n.s.,.,~.-.n..~..~.

2. m si

,. % u,.. g av 2.rn

E1 CPM

'. A r.y -

70Rt'ANCE: 66$1 W Sunnys...c d w ww w "o' cran'm oe o

D 0

i M,'ca ge., IL. 6c63c ENCLOS' IRE E (Gi2.)

281.12.'7 8 810 210 0/M'

t-

'3EIQ 5 - CCNTRAC FORM AND REPRESENTAT10NS, CERTIFICAT10NS AND OTHG STA EuENTS OF 0FFER0R Page 2 i

IF9 R3 ACM-s?-368 R EPI 4 ESEN TATICNS. CZHTIFICATIONS AND ACXNCWLt.OGMENTS o iM Eis NTATICN5 IOect or :omotore att avotreacte canoe or otocksJ e ;*", :e 'erreseats as cart of his of fer tnat.

1.

5:. TAU. 3USINES$ tSer car 140n SF HA) e Ls. C.s not. a trnsd tus. ness :encern if offeror is a smaal Dumness concern and is not ttte manuf acturer of rne sucches offored.

., a u r: resents.nat : sucches to ce furnisned mereunder C will C well not, be manuf Mturered or rircouced by a smast business concern

.- : e

.:ec 5:are. 2 ocssess.ons. or Puerto Rico.

%%CRITY SUSINES3 ESTERPRISE

e 3 s. 2.s nct. a minonty musness enteronse. A nsmonty busmess unterprise is defined as a "buuness, at reast 50 percent of wn cn

.s :,,=ec :ry m.r.or.tv ;rouc memoors or.in case of pubsecty owrted bunnesses, at least 51 percent of the stock of weicn is owned bymenonty ye,.o -c-oers - Fcr ne purpose of this defimtion, minonty group members are NeSoes. Spanish sosakmg American persons.

Ar e, ar-.Or.entais. Ameracan encoans. American Esnimos. and Amor can Aleuts.

1.

3 EGt,11.AR OEA1.ER - MANUFACTURER IAcolocaate onty to sucoty contracts esconoms $10.000.2

e $ s C reggar ces.er m C manufac: user of, tne supohes offered.

NA s.

AT1NGENT FEE: Seeoar.15 on SF HS2 a,-e ~ nas.y as not. emonayed or retanned any comoany or versons father than a tutt-time r>ona rice emotove= wortung sosety for

., :r'e ~. o. coot or secure enes contract. and Ibi ne 2 nas.O nas not. paid or agreed to pay any company or person ather raan. /ut.

r

r, c:r:a ?.ce a noseve, weremg sodery /or tr'e ot/erors any fee. commits on percentage. or oronerage f ee contingent t.oon or resultmg from se e. art :f ru :entract and agrees to furnests information relating to (al ar'd (bl above. as requested by the Contractmg Officer. //nrerpre.

at.:n or : e re..resentation. met:,ocong the term ** bona fuor erretaioyer.** see C)de of Federal Regularrons.17tte i T. Suoaart 1 1.3.1 5.

~v?! CF 3USIN ES: CRGANIZATION

-e : cerates as C an.nceveduas. O a cartnersnio. C a nonprofit organizaticn.

corporation,incorourated under tne laws of me State fLLI e :S 5.

AFMUATION AND 80ENT1FTING DATA (Anchcause onN to advertised schcitarrars.)

Ea: :."erer :paal corposete tal arts (b) if apolecaole, and (c) bemw:

so -e 2 rs.fs not. owned or contraaled by a parent comoany. lSee par.16 on SF Ha o

* :ne offecer is owned or controlled 3y a carent company, ne snell enter in the blocxs be*ow tne name and mam office address of

,.4re' ! :Dr'acarty:

w zus.=e,.:ue

=cm acces:*

i p.=

1

. v,,~.:-se s u~r nou m ess.us m r.,- u ns.

c"s=on s s. us

ueer coa **~* s s..a

%* 2315 T$b 7.

EO.uAL. CPPCRTUNITY r p a, C nas. $nas not, particicated en a crewrous contract or suecontract sutnect ettner to tns Eatias Cooortumty clause neren or l

a

e a.:se :rs. aal, conts.ned in sectron 'Of of Enscutive Order No.10925. or me clause contameo en See.an 201 of Executive Crder No.

11-Lt. : sa. e C *:as. C nas not, filed all recuired compleance reports: and tnas representations incecatmg subme on of recuired comonance

ci s. sq.neo o, orcoosed succontrac:or a.il be cetamed orier to suocontract awarcs. (The aoove reoresentation ne not ne suemetted m

o.. ee-r.,

..tn comract.s or suocontrac:s wmen are esemot from tne ecuas ocoortumsy cfause.s

"*be m cer 'or offerert reoresents that (1) ne C has dovetooed and has on file. C has not developert and does not Mave on file, at ea== es so.snraent affirmative action :fograms as recuared by tfte rules and repalations of the Secretary of Laoor 141 CFR 60 I and $0-29 or U e 2 :s ~!t Ormoi.Wv Mad contracts suoleet to tne written affiratative action orograrns recuar* ment of ine ruses anc regulatsens of tne Sec i arv J La:ct iine score recrementaroon snaot or comotered Oy racM 3 racer for offerory anose ord toffeel os S$0.CCQ or more anc we'o nas i

5,.':r we woovevs t CE R TLRCA TICNS rC.ucer or car"oiere sit suorocacia ~oses er mocno BUY AMERICAN CERTIFICATE Tre o e r :e if as as rar of ' tis offe*, trat: eacn end oroduct, except tne end products hsted aciow. s a cortestic end orcouct tas defined n

n re..a enterred "Suv Amer cza 1 ct'*). and !nat components of ununown origen nu, teen considereo to nave been mined. creduced. or r.Jac ree :utuce tre cmreo States.

I e L ;a: t< **::*.J. s Cownt** CF Casas N-A

' ~ ~ ~ ~ " * ~ ~

D "' ' o *p g

Andh lh we

-..g g

l

e SECUCN 3 CONTDUED N U#

8 0

Pace 3 t

2.

CLEAN AIR ANO wATEa (Acosacacio of the Ord or offer escreas $100.000.or rne contracting allecer has determarted snar oreer uncer an oncelintre quantury contract m any year wrtl encord $100.000 or a factory to be used has been the suc ect of a convoctson r

unore ene cran Aor Act (42 U.S C 1857c-8tc)ttllor the feceral Water Posturson Cantrol Act (D U.S C 1212fc)) and us lasted by f?A or as not ornermse esemor.l The Dicder or offefor certif.es as foslows; (ae any tachty to be uniezed in me performece of this prooosed contract C nas. O has not, been listed on tne Environmentas erotecton Agency t.ast of v.oiaong Factities.

(b) He weil promptly nonfy the contractmg officer, prior to award.of the retztot of any commumcation from the Director Office of Fecer:6 Ac awties. Enwronmental Protocron Agency, mdicarmg tnat any facSty which he proposes *o use for the performance of the i

contract is uncer cortsideracon to be listed on the EPA list of Violating Faclines.

(c) Me mil mctuce sucstantially this certa'ication, including this paragraort (c). in every nonexempt subcontrJct.

N A-t V

CERTIFICAT:CN OF INCEPENCENT price DETERAMNATION /Seepar.18on SF M-4J 3y suom ss.on ef tnis offer, the offeror cernfies, and iri me case of a ruint offer, each party thereto cernfies as to its own rat orgamzation. tnat m conne:pon mtn thrs procurement:

(1) The onces in nes offer have been amved at inoepencently. etttout consultation commumcation, or agreement

. for the gur:ose of restr.:;tng cornostition. as to my matter relatmg to such crices with my otner offerer or with any cornoetitor:

C) Unies: ottformse required oy 'aw. the crices wnica nave coen quoted m tnis offer nave not been knowmgiv disc!csed by t atf erer anr1 wsH not knomt' gly be cascored by the offeror prior to ocemog m the case of an advertised orocurement or prior to award m the

,;ase of a negotiated crocurement oirec*!v or mds'ectly to any otner offeror or to any comoentor; arid

10) No a,ttemot has been mace er mal be mace by the offerer to mcuce my other person or firm to subrmt or not to suurett an of'er for tnat ourocse of restrienng competition.

ice Eacn :erson signmq this offer certibes that:

til He is the person :n tne ot*e or's orgamzation responsidie etnm that orgamzanon for the deosion as to tne prices temg ot'ered aerem and tnat ne nas not carticoated, and mal not particoate. in any action contrary to (aHil througn (alC) acove. or G) W He is not tne person m tne orferor's orgamzation responsible withm inat orgamration for the decision as to the oncas

e,ag of t eo nerem ut tnat me nas een autnanted m wntmg to act as. agent for the persorts responsible for sucn deosion m certifym e

suc :ersons nave r ot cartic:ated and m;I not partercate, n any action contrary to laH1) tttrougn (4H31 aoove, ed as tneir agent does meteoy so cernty; and (M ne nas.iot partcoated, arto mil not partiegate. in any action contrary to (aH1) througn (aH3) aoove.

l 1

CERT;F' CAT;CN CF NCNSEGFIEGATED FAC;UT;ES(Acorreacte to its contr. cts. (2) u.acontracts, and (2) agreements men aco rcanrs ano are rtsemerves oorforming fecerstly awsrud catrstruen a contracts. rus reding $10.000 wsren are not esempt trans rne arnwsootts of the Ecual Caportt.nory Clause.1 3 / *Me luctmssio't oi inns Did, the O'CCer. offefor, apolicant, or suCContraC!or cert ".

fnat ne does not mamtam or provice for Ms emc:osees any segre rateo factities at any of nes estachsnments. and tnat ne does not permit nos empiovees to perform tneir services at any

ceattnn..rme ms 'ontro8. *nere segregate $ f ac3 ries are maintainet. He certifies furtner that ine m#1 not maentain or prov,oe for nis emcsoy.

ees env ;egregated f aciirres at my of nos estsettsnrnents, ad tnat no wist not permit nes emosevees to perform tnete servicas at any location, unr*:r ms contrm, enere gregated f achties are mamtained. The biocer, offeror, acodicant, or succontractor agrees tnat a Oceacn of tnis car.

96 cation is a <iosarion of the Ecuas Coocrtumty cause in tais contract. As used en this cernficapon. the term " segregated fachtief* means j

stiv mait.ng rooms..voric areas. rest rooms anc r; ash roorns, restaurants ed otner eating areas. time cfocks, tocker rooms ed otner storaqe or

ressmg areas, mmg tots. crmiong fountains, recreation or entertamtnent areas. trattsportation, ed nousing fachttes prov.ced for ernouvar s wmen are segregated by emoliet direenve or are en fact segregated on ttte Oasis of race, color, refegiors or national origm. because a

of nacit. !ccat custom. or otnermse. He 'urtner agrees triat (exceot enere ne has cotamed idenocal certifications from proposed succ:ntractors 'or s eefic time periccss ne mil ootam 4enacas cerDfications from proposed suocontractors ortor to the award of mocentr2c s exes.omg $10.000 wn=en are not exemot from the =rovisions of the Ecual Cooortunity dause: tnat no win retain suca certifications m his Nes:

i ed that Pe. vill forward cne followmg notice to sucn prooosed subcontractors (excect artere the proposed succentractors nave sucmitted identicas cerDhcations for specfic time ceriods):

Nottee to crosoective succontrsetors of recuerement

A certifications of nonsagregated facilities.

A Cet rification of Nonsegregated Fac lit *** ".st De sucrmited orror to the award of a succontract exceeding $10.0C0 anicn.s not from the prowsions of tne Ecual Ocoortumey cause. The certification may be suomitted entner for eac's subcontract or for aH en arnct u.cconer,icts armg a pened i..... cuarteny semienuasty, or mnuauvl. NO TE. The senatry for ertaking /aise o!!cer or prester,oed,n ts u:: tcot Continued on Page 4

.i.e cw=r %c t.ru i

m e=r o I

ws ACxNOWt.5CGMENT OF AMENCMENT5

%e enerer acxrew.eones socinct et arreno.

g

eres to **e ScaC*. acon fCe Cf*er1 trW waef ett Joc; ree'A *Ln"Derso ario Oaico a.s.*O*iewt l

,l I

l i

i

' C 75 Pr* erust ser rorr~ r al Jcura:e ano samurere setormwon as recuorec' cy rius Sohc:rerron :metuarny arexnments: The ;e=arry u

v voo%r then* sr.:::*r'tn*; on orfe*e rt :rv*:rrQW1 m 10.o 5 C IC0f

'4'

'a' Q

yi Saaoats s em 4 dace 4 mt...

e i

cd J

WW m

e i

e Page 4 Representations, Certificaticns, and Acknowledgments - Continued SF-33 (Page 3) 5.

WCMAN-0WNED BUSINESS Concern is 6 is not 6 a woman-cwned business. The business _is publicly

~

cwned, a joint stock association, or e business trust /_/ yes /_/ no.

The business is 6 certified 6 not certified.

./Awoman-ownedbusinessisabusinesswhichis,atleast,51percentowned, controlled, and operated by a wcman or wcmen. Controlled is defined as exercising the power to make policy decisions. Operated is defined as actively involved in the day-to-day management.

For the purposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted. Exemoted businesses may voluntarily represent that they are, or are not, woman-owned if this informaticn is available.

6.

PERCE?iT OF FOREIGN CONTENT y

The efferor/ contractor will represent (as an estimate), irr=ediately after the award of a contract, the percent of the foreign content of the item or service being precured expressed as a percent of the contract award price (accuracy within plus or minus 5 percent is acceptal'e).

7.

NCN-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001) l The offerce hereby certifies as folicws:

t l

6 (a) In the performance of Federal contracts, he and his subcontractors l

shall not in connection with the employment, advancement, or disr.harge of employees or in connection with the ter.n, conditions, or privileges of their emolayment, discriminate against persons because of their age except upcn the basis of a bona fide occupa-tional retiremer.C plan, or statutory requirement, and I

g (b) That contractors and subcontractors, or persons acting on their bN1f, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such emolayment unicss the specified maximum age limit is based en a bona fidc accupational qualification, retirement plan, or statutory requirement.

8.

CERT!FICATICN OF RECCVERED MATERIALS (1-1.2504(b))

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

~.

y u

Page 5 SECTION B - CONTRACT FORM AND REPRESENTATIONS, COUDITIONS AND OTHER STATEMENTSOF0FFEROR(CONTINUED)

S.8 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:

The award to T ECH NOCRATS INC of a CofRTact or the modification of an existing contract coes ! / or coes not Lf involve situations or relationships of the typ 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 determines 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-l tation to the Contracting Officer.

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

(a) impose appropriate conditions which avoid si.ch conflicts, (b) disqualify the offeror, or (c) deternine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 8 20-1.5411.

The refusal to provide the representation required by 320-1.5404(b) or ucon request of the Contracting Officer the facts required by 520-1.5404(c),

shall result in disqualification of the offerer for award. The"nondisclo-i l

sure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for awards; or if such nondisclosure or misrepresentation is disco,ered after award, the resulting contract may l

be terminated. The offerer may also be disqualified from subsequent related NRC contracts and t subject to such other remedial actions pro-vided by law cr the re:ulti 1 contract.

The offeror may, because of ctual or potential organizational conflicts of interest, propose to exr.hde specific kinas or work from tne stataments of work contained in an RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offerer will be considered by the NRC in the evaluation of proposals.

If the NRC considers the pro-posed exc%ded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the otaer offerers, the proposal must be rejected as unacceptable.

ihe offeror's failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor informality, and the offerer will be permitted to correct the omission.

Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-1.5404-1) prohibiting contrac*ars from engaging in relationships which may give rise to an actual or apparent conflict of interest. Note: NRC Contractor Organizational Conflicts of l

Interest (41 CFR Part 20) is included in Part IV as Attacnment No. A.

l

. y. y w;,; < q;m: =

v ~ n 3..e ?y

%mwfyg. M.g%;.3 - g i.,,%,4 ' gj

1 Paga 6 3.9 Contacts Sidders shall furnish names and telephone numbers of personnel to de contacted in the event that clarification of bids is required:

32. K. M ANDLIls

('Sil)- 181-2178 (liame - Contractual ttatters)

Telegnone Nuccer OR {} f1)- 99(r-08 3 5" D2 I h1 A rd D Llt

("3i1)- 282.-12.78 (Nace - contractual natters)

Telepnene Numoer o R (34 2) - 744-3&19 mR, SHAM 3ABADGHA0

( 3 4 o.) _ 439-0 505 (Name - Contractual t4attersj Telepnene Numoer 3.10 Public or private Organi:ations For The Handicapped or Handicapped Individuals (Execute if a small business set-aside is involved and the offerer deems himself to be eligible.)

He is / 7 a public or private organi:ation for the handicapped

~

or a handicapped individual, as provided in the Small Business Act, as amended, and the regulations of the Small Business Administration.

The term "public or private organization" is one "... (i) which is organited under the laws of the United States or of any State, operated in the interest of handicapped individuals, the net inc::ce of which does not inure in whole or in part to the benefit of any shareholder or other individual; (11) which c::=clies with any applicable oc:upational health and safety stancard prescribed oy the Secretary of t. abor; and (iii) which, in the pecduction of commodities and in the provision of services during any fiscal year in which it receives financial assistance uncer this subsection, c= cloys handicapped individuals for not less than 75 per centum of ther man-hears.equired for the production or provision of the com=odities or services... "

(15 U.S.C. 636h(1)(A)).

The term " handicapped individual" means a "... person who has a physical, mental, or emotional impair-ent, defect, afleent, disease.

or disability of a per:anent nature which in any way limits the selection of any ty::e of ecticy=ent for which the pe-son would otherwise be qualified or quailifiable..." (13 0F?.Ila.2(f)).

(End of 'lotica)

+*

-h-

+

w-

-4***

-*e

'+

9 e

w

Page 7 PART H SOUCITATION INSIKUCTIONS AND CONDmONS

1. DEFINITIONS,

7. LATE sint, MOOfHCATIONS OF 8105.04 WITHORAWAL OF As used hereta:

BIOS.

(al The term " solicitation

means Invitauon for Bids (IFB) where (a) Any bid re-rem d a. ih, uts e.ir teuerd in the schritation af ter a

the procurement is advertised, and Rrquest for Proposal (RFP) where the case e ume sperined for rcreme wait wt be considered unless it is the procureraent a neeotiated.

received before award ta made.nd riehrr-I (b) The term " offer" means bid where the procurement is adver.

(I) It was sent bv recau.ed m e cmlied mail not later than the i

1 used, and proposal where the procurement is negousted.

fdth calendar das pnur to th darr spuihed for the trcnpt of bada (ci For purposes of this solicitauen and Block 2 of Standard Forra (e s., a bad submitted m rea;rns, m a dettauon requinne receipt of 33, the term " advert sed" includes Small Bunness Restricted Adver.

bids by the 20th of the month must hae hern maded by the 15th or timing and other types of restnered adverusing.

earlier) ; or

2. PREPARATION OF OFFERS.

(2) It was orne hv mad (or es tegram if authonard) and it is (a) Oderors are espected to eammine the drawings, speci6cauona, determmed by the Government that the late receipt was due soiely to aushandling bv the Government after rceript at the Government Sc%edule, and all innrucuons. Fadure to do so will be at oderor's installation.

risk.

(b) Any mod 6 cation or withdrawal of a bid is tub;cet to the same (b) Each oderor shall furnish the information required by the conditions as m (a), above. A tud may alen be withdrawn in person solicitauan. The orTeror shall sign the soisotauon aAd print or type by a bidder or has authonzed repreicntative. provided his idenuty is his name on the Schedule and each Contanuation Sheet thereof on made known and he signs a receipt foe the md. but only if the with-which he makes an entry. Ersaures or other changes must be initialed by the pessoa sagning the orTer. Oders sagned by an agent are to be drawai is msde pnor tc. the esart time set for receipt of bids.

(c) The only acceptable evidence to establish:

accosapansed by evidence of his authonty unless such evidence has (1) The date of mailing ol a iste bid. modincatran. or withdrawal been previously furnished to the issuing oSce.

sent either registered or cernfied mad is the U.$. Postal Service (c) Unit pnce for each unit odered shall be shown and such pnce postmark on th the envelope or wrapper and on the crispnal receipt shall include packing unless otherwise spec 6cd. A total shall be entered from the U.S. Postal Service. If neither postmark shout a legible date, in the Amount colusan of the Scheduie for each item orTered. In case the bed, tuodincanon. or withdrawal shall be deemed to have been of daserepancy between a urut pnce and extended price, the unit pnce maaled late. (The term " postmark" means a pnnted, stamped, or other.

will be presumed to be correct, subject, however, to correctaon to the wise placed impresson (exclustve of a postase meter machine isnpres.

same entent and in the same raanner as any other roastake.

(d) Oders for supplies or services other than those spec 6ed will not saan) that is readily identinable without further scuan as having been be conadered uniens authortaed by the solicacauon.

supplied and affixed on the date of mailing by empiovees of the U.S.

Postal Service. Therefore, otTerors should request the postal clerk to (e) Offeror must state a deftnste urne for delivery of supplies e, place a band e-ilataea bull's-eye " postmark" on both the receipt for ovenance of services unies otherwsse speoned in the solicstauce, and the -avelope or wrapper.)

( ) Time, if stated as a number of days, wi!I melude Saturdays, (2) The ttme of receipt at the Government installation is the Sundays and holidays.

time.date stamp of such installation on the bad wrapper or other (g) Code boxes are for Government use only.

documentary evidence of recerpt maintained by the installation.

(d) Notwithstanding (a) and (b) of this provision, a late modin.

3. EXPT ANATION Tt' OFFutORS. Any explanacon desired by an cation of an otherwise successful bid which makes its terms more orferor regarding

- .e meaning or neerpretanon of the soliotauon, favorable to the Government wdl be consseered at any tame it is re.

drawings, spa cations, etc., mist be requested in wnting and with cerved and may be accepted.

suecient unne allowed for a reply to reach otTerors befe e the sisb-

^

Note: The term " telegram" includes rnaalerams.

maasson of their oders. Oral explanations or instructions given before the award of the contract will noe be banding. Any infonnataan given S. LATE P9tOPrtSALS, MOOfFIC1TIONS OF PROPOSALS, AND to a prospecuve orlerer concernang a solicitation will be furmahed to WITHORAWAs.S OF PROPOSALA all prospective orTerors as an amendment of the solicitations, if such (a) Any proposal received at the oEce designated in the solicita.

informanon is necessary to orferers in submatting oders on the solicita.

tion or if the lack of such infortnation would be prejudicial to un.

tion after the exact time speci6ed for receipt wdl not be considered unless it is received before award is made, and:

informed oderors.

i (1) It was sent by repstered or certi6ed mail not later than the 6fth calendar day prior to the date speci6ed for receipt of o

4. ACMMOWLEDGMENT OF AMENOMDfTS TO SOLJCITATIONS.

an orTer submatted in

c. corse to a solicitation requirsag receipt e Receipe of an amendment to a solicitation by an orferer must be acknowledged (a) by signing and returning the amendment, (b) on odert by the 20th of the month must have been mailed by the 13th or earlier) ;

page three of Standard Form 33, or (c) by letter or wiegensa. Such (2) It was sent by mail for telegram if autherned) and it is scanow6edgaaent must be recetved prior to the hour and dass speci6ed determined by the Government that the late receipt was due solely for receipt of oders.

I to mishandling by the Government after receipt at the Government

5. SUSMISSION OF OFFUt$.

installation; or (3) It s the only proposal received.

(a) Oders and modi 6 cations thereof shall be enc!oned in sealed envelopes and addressed to the o&ce speci6ed in the soiiettation. The (b) Any modi 6 canon of a proposal. except a mods 6 cation resultant offeror ansil show the hour and date spec Ged in the solicitataon for frein the Contracung 05cer's request for "best and 6aal" orTer,is sub-receipt, tae sodicatataon r.umner, and the narne and address of the ject to the same conditions as in (a)(1) and (a)(2) of this provision.

oderer nn the face of the envelope.

(c) A modi 6 canon resulting from the Contractine 05cer's request for "best and 6nal" orTer received after the tirne sna date speci6ed in (b) Telegraphic orYers *di not be considered unless authonsed b, the request wdl not be considered unless received before award and the solicitanon; however, oders may be rnodined or withdrawn by the !ste receipt is due solely to mishandling by the Government after t

l wnsten or telegraphac notice, provided such notice is received prior to recerpt at the Government installauen.

the hour and date spec 26ed for recaspt. (However, see parsersohs 7 (d) The only acceptable evidence to establish:

and 3.)

(1) The date of mading of a late proposal or rnodi6 cation sent (c) Sampf-s of items, when required. must be subenitted within the either by registered or cert 26ed maal is the U.S. Postal Service pose.

time spec 26ed and unless otherwise specx6ed by the Government, ag mara on both the envelope or wrapper and on the onginal receipt from no expense to the Government. If not destroyed b/ tesung, samples the U.S. Postal Service. If neither postmark shows a lecble date, the wdl be returned at orTeror's request and ewpense, unless otherwtae Proposal or modancanon shall be seemed to have been ramaled late.

spectied by the selecitauon.

$The term " postmark" recans a pnnted, stamped, or otherwise,

6. FAILURE TO SUBMIT OFFER. If no orfer is to be submitted. da impression (exclusrve of a postage meter machine amoreesson) placed that is not return the solicitanon unless otherwise spectned. A ietter or poet.

readily idenu6aNe without further acuon as havine been upplied and card shall he sent to the issuing oSce advuing whether future sulie.

assed on the date of mailing bv employees of the U.S. Ptatal Servia:e.

stanons for the type of supplies or services covered by this solecitation Therefore, offerors should request the postal clerk to ace a hand are de= red. Fasture of the ree:pient tn oder. nr en notify the issuarig cancellation buire-eye " postmark" on both the receipt an the envelope er wrapper.)

osce that future solicitations are desi. red, may result in remenalff (2) " Die ume of receipt as the Government installation is the the name of such recipient from the mading list for the type of suppues or services covered by the soincitauon.

esme.cate stamp of such installation on the proposal wraoper or other documentary evidence of receipt masneaaned by the metallacon.

33 l

syassoano rones ss wi.v. _m

-na.or m. m to cn> t-iu.,

1 l

_~

.~ __-

SECTION C (Continued)

Page 8 (s) Notwithrudiew (a). (b), and (c), of ibis pru ;i late 35-45), ths Costract Wnth Hours 5stndirds Act i+0 U SE 3M-33?).

need 6 cation of an ashermse successful proposal ohnh makes its terms and the Serv ce Contrast Art ns 19tu (41 U.S.C. Val W) may 1.c more favorable in the G,wernment will he cons.dered at ar.y t:ene it is

..btained f ruits the Department ni I.alu r. Washinstnis. IW, N.'lti,..e received and. mas be accepted-frnta any resinnal.. Mire of that asenry. Requests f.., mienuatines shouisi (f) Propuaals mn be withdrawn by wntien or telegrap$ic notice include the unliittatinn number. the name and addres. 4 the iseumet received at any onw pnar to award. Proposals may be mthdrawn in asency, and a dem riptann ni the supolica ur servius-perwns by an efferne or his authonzed representative, provided his idenuty is made kn~=n and he signs a receipt for the proposal prior

13. SELLER'S INVOICES, Invoicae shall be prepared and submitted to award.

in quadruplicate (one copy shall be me.ked " original") unless other.

Note: The term " telegram" incluoes mailgrams wise speci6ed. Invoices shall contain the following information: Cow Note: The alternate late proposals, roodincations of ;.voposals and tract and oroer nurnber (if any), item numbers, desenption of suppiles withdrawals of proposals provisson prescribed by el CFR l-3.302-2(b) or sarricas, sises, quantines, unit pnns, and extended totals. Bdl of shall be used in lieu of provision 8, if spec 6ed by the contract.

lading number and weuht of shipment mil be shown for shipments

9. DISCOUNTS.

(a) Notmthstanding the fact that a blank is provided for a ten (10)

14. SMALL BUSINESS CONCERN. A small business enaceni for the day discount. prompt paunent discounts odered for payrnent within purpose of Goverr: ment procurement is a concern including its aEl,i-less than twenty (20) calendar days will not he consadered in evalu-stes, which is independently owned and operated, is not dominant in sting oders for awarti. unless otherwise speci6ed in the solicitation.

the 6 eld of operation in which it is subenssting eders on Government However, odcred discounts of less than 20 days will be taken if pay-contracts, and can further qualify under the critena concerning num-reent is maue withm the dist.nunt pened, even though not considered her of employees, averase ' annual receipts, or other enteria, a4 pre-in the evaluation of oders.

scnbed by the Small Business Adaninistration. (See Code of Federal (b) In connestion with any discount offered. time will be computed

.agulanons, Title 13 Part 123, as amended, which contains detailed from date of delivery of the supplies to carner when delivery and industry de6nitions and related procedures.)

acceptance are at pomt of ongin, or from date of delivery at desti-nauon or port of embarkauon when delivery and acceptance are at

15. CONTINGENT FEE. If the oderor, by checking the appropnate either of those points, or from the date correct invoice or voucher is boa provided therefor, has represented that he has emoloved or retained y or person (other than a full-ume bona 6de employee work-received in the or5cc epee:6ed by the Goverriment, if the latter date a com is later than date of deliverv. Payment is deemed to be made for the ing ety for the oderor) to solict or secure this contract, or that he purpose of earnmg the discount on the date of mailing of the Govern-hae paid or agreed to pay any fee, commasion. percentage, or brokesge ment chetk.

fee to any company or person contingent upon or resultmg from the award of this contract, he shall furnuh. in duphcate, a complete Stand-

10. AWARD OF CONTRACT.

ard Form 119, Contractor's Statement of Contingent or Other Fees If (a) The contract will be awarded to that responsible oderer whose oderor has previously furnished a completed Standard Farrn 119 to the oder conforming to the solicitauon mil be most advantageous to the o&ce issuing this elioration he may accompany his nder with a signed Government. pnce and other factors runsidered.

statement (a) indicating when such compicted form was previnualy (b) The Government reacrves the nght to reject any or all oders furnished, (b) idennfymg by number the previo,s solicitation or con-and to waive informalitwo and minor irregularaties m oders received.

tract, if say, in connection with which such form was submitted, and (c) The Government mav accept any item or group of items of any (c) representing that the statement in such form is applicable to this oder, unlese the oderor quali6es his offer by -oer:6e limitauons. UN-oder.

j LESS OTHERWISE PROVIDED IN THE SCHEDULE. OFFERS MAY SE SUBMITTED FOR ANY QUA.'.*TITIES LESS THAN

16. PARENT COMPANY. A parent cornpany for the purpose of tnis T1!OSE SPECIFIED; AND TilF. GOVERNMENT RESERVES oder is a cornpany which either owns or controls the activities and basic THE RIGHT TO MAKE AN AW ARD ON ANY ITEM FOR A bunness policies of the oderor. To own another company means the QUANTITY LESS THAN THE QUANTITY OFFERED AT THE parent coinpany must own at least a makrity (more than 50 percent)

UNIT PRICES OFFERED UNLE55 THE OFFEROR SPECIFIES of the voting nghts in that company. To control another company,such OTHERWISE IN HIS OFFER.

ownership is not required; if another company is able to formulate, (d) A,wntten award (or Acceptance of Oder) mailed (or other-deterreine, or veto basic business policy deciuons of the oderer, such wise furnished) to the successful oderor within the time for acceptance other company a considered the parent company of the oderor. His j

specahed in the oder shall be dermed to result in a binding contract control may be exercised through the use of dominant minority voung i

without further action by either par n nghts, use of proxy voting, contractual arrangements, or otherwise.

The following paragraphs (c) thr,uch (h) apply only to negotiated 1

17. EMPLOYER'S IDENTIFICATION NUMBER. ( Applicable only no

)

e Government may accept within the time spec 6ed therein.

advertised soliotauenQ De oderer shall maen in the ap@able space any oder (or part thereof, as provided in (c) above), whether or not on the orTer form, if he has no parent counpany. his own Ernplovet's there are negotiations subsequent to its recript. unless the oder is with, drawn by wnsten notice received by the Government pnor to award.

Idenuncation Number (E L No.) (Federal Social Secunty Number used on Employer's Quarterly Federal Taa Return U.S. Treasury If subsequent negotiations are conducted. they shall not constitute a rejectson or counter oder on the part of the Governroent.

Department Ferns 941), or,il he has a parent company, the Employers (f) The nght is reserved to accept other than the lowest oder and Ideno6 canon Number of his parent cosspany.

to reject any oc all oders.

(g) The Government may award a contrut, based on initial oder:

18. CERTIFICATION OF IMOEPEMOENT PRfCE DETERMINATION.

l received, without discusion of such oders. Accosdinely, each initial (a) Dis certi6 cation on the oder form is not applicable to a foreign oder should be submitted on the most favorable terms from a pnce nderer subrnatting an oder for a contract which requires perfocusance l

and technical pandpomt which the oderor can submit to the Govern

or deliverv outside the United States, is possenssons, and Puerto Rico.

(b) An oder will not be conadered for award where (a)(1). (a)(3),

ment-(h) Any nnancial data submitted with ans cder hereunder or any or (b) of the ceru6 canon has been deleted or tendined. Where (a)(2) representation ccacerning faciliues oc nnancing wd1 not form a part of the cert:6 cation has been deleted or rnodi6ed, the oder will not be of any resultmg contract; provided. however. that if the resulting con

conssdered for award unless the oderer furnisher with the otYet a signed tract contams a clause providing for price reducteun for defective cost stasement which sets forth in detasi the circuenstances of the danciosure or pricmg data, the contraca pnce will be subject to reduction if cost and the head of the agency, or his designee, determines that such dis-or pncing data furnished hereunder is incoinph

naccurate, or not closure was not nsade for the purpose of resencting conspetition, current.

19. ORDER OF PRECEDENCE In the f an inconsistency be-

11. GOVERNMENT. FURNISHED PROPERTY. '.. material lahar. o, tween provisaons of this solicitation, the m, event o consistency shall be rrsolved facdoties wdl be furnished by the Government unless otherwise pro-by giving precedence m the following ordert (a) the Schedule; (b) vided for in the solicitation.

Solicitsuon Instruccons and Condinons; (c) Gener:8 Provisions; (d) other provissons of the contract, whether incorporated by reference or

12. t.ASOR INFORMATION. General infonnation regarding the re-quirements of the Walsh.Healey Puolic Contracts Act (4L U.S.C.

otherwise; and (e) the spec 6 cations.

I l

mat m n.s u eu m

.uso._

-.so..

i.e._,s.

r,.m.

D"*D

]DWQ o & A Alfh oe e-e

--n... +

w

Paga 9 C.20 Pursuant to the provisions contained in Clause C.5, Paragraph (b),

telegraphic bids are not authorized.

C.21.

NONDISCRI!11 NATION BECAUSE OF AGE (FPR l-12.1001)

It is the policy of the Executive Branch of the Government that (a) contractors and subcontractors engaged in the performance of federal contracts shall not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment discriminate against persons because of their age, except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement, and (b) that contractors and subcontractors, or persons acting on their behalf, shall 'not specify, in solicitations or advertisements for -

employees to work on government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon i

a bona fide occupational qualification, retirement plan, or statutory requirement.

C.22 L! STING OF E!!PLOYMENT OPENINGS (1-12.1102-2)

Sidders should note that this solicitation includes a provision requiring the listing of employment openings with the local office of the federal-state employment service system where a contract award is for $2,500.00 or more.

C.23 TYPE OF CONTRACT _

It is contemplated that a firm fixed price type contract will be awarded. The contract will include all applicable terms and conditions as prescr 'ed by the Federal Procurement Regulations.

Standard Form 32, Genert Provisions (7/30/80 edition) and FPR Changes and NRC Additions to Standard Form 32 (6/76 edition) are attached and will form part of any resultant contract.

i

)

l C.24 SMALL BUSINESS SIZE STANDARDS l

l The Contracting Officer has determined that the service described '

herein is classified under the Standard Classification ".anual as-Number 7399 as a concern whose average annual roceipts for its preceding 3 fiscal years do not exceed $2 million is considered a small business concern.

i

(

'~

Page 10 C.25 NOTICE OF TOTAL SMALL 3L'SINESS SET-ASIDE A. General. Bids or orcoosals under this crocurement are solicited only frem (1) small business concerns and (2) eligible organizations for the handicaoped and handicapped individuals under the Small Business Act. The procurement te 1 be awarded only to one or more such concerns, organizations, or rals. This action is based

'd on a determination by the Contractii,

cer, alone or in conjunction with a reeresentative of the Small Busta.ss Administration, that it is in the interest of maintaining or mootli:ing the Nation's full productive capacity, or in the interest of war or national defense programs, or in the interest of assuring that a fair proportion of government procurement is placed with small business concerts, or in the interest of assisting eligible organi:ations for the handicapped and handicapped individuals. Sids or crocosals received #com others will be considered nonresconsive.

S.

Definitions. The term "small business concern" means a concern, inclucing its affiliates, whien is independently owned and operated, is not dominant in the field of operation in which it is bidding on government contracts, and can further cualify*under the criteria set forth in the regulations of the Small Business Administration (13 CFR 121.3-3).

In addition to meeting these criteria, a =anufacturer or a regular dealer submitting bids or croposals in his own name must agree to furnish in the performance of the contract end items manufactured or produced in the United States, its territories and possessions, Commonwa 1.h of Puerto Rico, the Trust Territory of the pacific I. nds, and the District of Columbia, by small business conceens: provided, that this additional requirement does not apply ir

setton with construction or service contracts.

C.25 ACCURATE AND CCMPLETE BICS Bids must set forth full, accurate and complete information as required by this invitation for bids (including attachments). The cenalty for making false statements in bids is prescribed in l

13 U.S.C. 1001.

C.27 COST OF 3IO 3REPARATICN j

This solicitation does not ec=mit the government to pay any costs incurred for the preparation of Sics or for necessary studies or designs for the preparation thereof; nor to procure or contract for the articles or services whown under SECTICN E herein. It is also brougnt to your attention that the Contracting.Cfficer is the only individual who can legally c:mmit the government to the expenditure of public funds in connection with the procosed procurement.

l l

1

Page 11 C.23 DEFINITIONS 1.

Business cwners who certify that they are members of named groups (Black Americans Hispanic Americans, Native Aaericans, Asian-Pacific Americans) are to be considered socially and economically disadvantaged.

2.

The pnrase " Native Americans" means American Indians, Eskimos, Aleuts and native Hawaiians. The term " Asian-Pacific Americans" means U.S. citizens whose origins are from Japan, China, the Philippines Vietnam, Korea, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan.

3.

Other individuals may qualify as socially and economically disadvantaged under crocedures which have been separately established by the Small Business Administration at 13 CFR 124.1-1(3)(111).

4 The Office of Minori:y Small 3asiness and Capital Dwnershio Oevelcoment in the Small Business Administration has the final authority to determine the eligibility of a concern to be designated as a small disadvantaged business and shall answer inquiries from prime contractors and others regarding such eligibility.

5.

The term " subcontract" means any agreement (other than one involving and employer-employee relationshio) entered into by a federal government crime contractor or succontractor calling for supslies or services required for the performance of the original contract or subcontract.

I i

I l

l l

O l

l

Page 12 D.

EVALUATION AND AWARD FACTORS D.1 Bids in response to this IFB shall set forth full, accurate, and complete information as required herein.

The penalty for making false statements in bids is prescribed in 18 U.S.C.1001.

D.2 Bids will be evaluated for purposes of award by taking the " Total Bid Amount" reflected under Section E, and applying any due consideration for discounts offered in Black No. 16 on Page No. I of this IFB. (See Part I, Section C, Paragraph 9. " Solicitation Instructicns and Conditions," " Discounts.")

The resultant amount will constitute the offeror's " FINAL BID AMOUNT."

D.3 Award will be made to that responsive, responsible biader within the meanir.g of Federal Procurement Regulations 1-1.12 whose " Final Bid Amount" constitutes the lowest overall evaluated price to the Government based upon the requirements as set forth in the schedule.

e 0.4 5eparate charges, in any form, are not solicited. Sids containing such-charges for discontinuance, termination, failure to exercise an option, or for any other purpose will cause the bid to be rejected as nonresponsive.

0.5 _ A preaward onsite survey of the bidder's facilities, equipment, etc. in

accordance with FPR l-1.1205-4 may be made by representatives of the Commission for the purpose of determining whether the bidder is responsible within the meaning of FPR l-1.12 nd whether the bidder possesses qualifications that are conducive to the production of work that will meet the requirements, specifications, and provisions of this contract. Also, if requested by the Commission, the prospective contractor may be required to submit statements within 72 hours8.333333e-4 days 0.02 hours 1.190476e-4 weeks 2.7396e-5 months after such request: (i) concerning their ability to meet any of the minimum standards set forth in FPR l-1.1203, (ii) samples of work, and (iii) the names and addresses of clients,- government agencies and/or commercial firms which the bidder is now doing or has done business with.

Pagn 13 D. 5 Sidder shall list four (4) previous / current contracts for the same or similar services:

f/26/77) l (1) Contract No.

DOT-CG f 3 -M2 7 l

13 +h CcasF G uchd TishicF, 915 Second Ave.

(2:ame anc Accress of Government Agency /Comercial Entity)

SeaHie, w A q@ l7 4

[2.o6)-412-S S& 6 BR EN DA LEE BAXER, con)Tading c%d),

f (Point of Contact and Telephone tiumcer) 1978-79L.

(2) Contract No. C A 33o7-J C Prin nve&dai u. x. Wel-mardik)

U S. E.D-A. Cincinnah, Ohio 45269 (llame and Accress of Government Agency / Commercial Entity)

M. IGmeS R. r61)eHe, prof ed officet - (Si3)- 684-74G 2.

(Point of Contact and Telepnane Number)

(2) Contract no.

1990-91 C P. I. n.k.p.mcm&k)

U.S

D A. Cincinnah', Cko 4 5268 Iliame and Accress of Government Agency /Cemmercial Entity) w. En es

9. inilidte, %kel ofr,co (5133-694-7462_

(Point of Conact and Telephone trumber) l

~

(1) Contract No.

i l

l

(::ame and Accress of Government Acency/ Commercial Entity)

(?oint of Con.act and Telepnone Numcer)

I e

o

-ee mom

ene _

~

.wh.

,e

,,. =

m bMh

-a

$m ih j

@Ap"

l t

e. no. or occ. we.o coreo.

acao retu ss..w tru se.ex myc3 e omnca CONTINUATICN SHEET

o. >=:c. no. :4 :m i-is.:si IFB No. RS-ADM 81-368 u

- :, m := un e.

qg g s'

CUANTITY UNIT UNIT PttCT.

AMCUNT i

'55-ICN E - SUPPLIES / SERVICES AND PRICES I

E.1

!3ibliograchy of Tsunami Refere1ce Cards in LOT

$kCC0,gg lac:-W.ance with Section F l

i I

0 I

I i

I l

i m-,._

Q L

h a m Av w

W H

, age,i:

/m

[ok i

k i

e s

s v

v

..:.e-- :.r.ru cr:. :r.ees 4. re..c

- : r... ~d :

. ua..

wa....

, <.,. ~..d

.., a. s.". r. a.

..a.= r. 4 21 i, n...a.

. i a. '. d.

~ #, nu '. a..= r ~ w e. i = n

s '.. i..,,

e. r., r. o_,.:..-....... 4..-

o r. 1.,., r./ "..... d. 2 2 'm-a.. O '. '. '.. a.

". #. "..a.l =. =. : a..= w. r 7 a., a'i a. i. n P, P..o.. 'e,.... -

re:are a biblic-trac:ac wi:n the :n:erna:icnal Tsunami :nformation Center (ITIC) t:

. 2.. _=. i, e.. ' r.

.*.a. i r a r.a l.ys i s c #.

~ ~. a.q *. ', a l.

.2 " a.= i "a.a rd.s.= *.

- m o

,n.. 3 ;;.

3.

,.,.../.

as ai Olants, NRR reviewers must be a:le to locate One relevant re:Or s wnicn are c' ten f:unc in diverse scur:es. Since One last :sunami bitiicgra:hy.as ublisree

~

in 10 c.

..a.

l i *. a..=.. a.

i.n

...a.

i a. l.d '.n.= s i n w. a. = s e., ra_ a.'. /'. An "..

.a.a.

.-.na 1

e..J., r

.n. g s., <..y

.v i ew s.

.-....4.a...

5 4. - 3 4. -,..,

o. y wo~a,. 4

... a

.n..

i "'i. - 3 r =.. i -. i. 3 -

-,7,.,,'.a..='.

-. r... = r. *. xi..*. i.. ine'iudad. (1 )

...e r,a*.m*a.

4..~3 i

s

.......= *.=r. '.21

.=n.

...a.

ra..a. a.4. a n '.

r,.,3. 4.,.2

4. n g:.

r, 3,

..,. -j.,.n4

4. n3 c.,

a s

w t.

.. v

.2....-

2

.... e

.a ti:'i gra:ny. At ne c:nclusicn of :ne data collection : nase, anc bibliogra:ni:

n4.s

..,r c

s~i.e..

s an a.q11a.e..s..

.,-e.

s a

+,, -w r...,, n. nn e x e.., e. s.e.

4 4

..nw i

- 4..,. 4.. e.. s a. e..

a.

.... ~

.... e

...... n s. 4....a s.~.=. ~^ e..-. -. r a... e n. s '. v a.

. s " n = m'. $. 4. * 'i '. a. c. r =...,v k. cw n..-

a. x. s..

i

.4...

c:ntains a::-eximately 3500 citations of all nglisn anc f rei;n-language (with

. 4. '. a. s o. r.=.- s.. a.s ') * - ".. a

..d. - ra_ 't a. a d. ~..= e r 2.".. '4 '... a. d. - a..a e a_n 10 :t'.= n - 1 s..

.g4..,

.2 2

2..

{.

4. *..e. r. c. a. e.. *. -a c.d. 4. *. 4. e n, ',.cw g v o. r.

J. v.

ic..... *.,

4.*.

.3.

h. a. 3 r. 4..a. a. r..,. *. -. 5

o. c. e..

me no v.

a..

..p. s.j],.wp w i. w t. - -., m of j g w t..y o. r f ] 4...j.....

4. i...4.f.

4 m

. e.

~- X 35 w 3..

..o

.....c...

r. s. 4. r.. i v.

...r.

4.m...

e... 4. a w.....c.

j3 s.er..a. c..... a. '. r *.: O r~. ii ~ a.

'.' R e. n.. a".= '. '. ". 's v-, r.3..~.;

i 4

.e

..... e... 3. 4..s.

r.._n. c.

.e.....

2. r - = r. - a.. 'e 'i na e.4. w a '. 'i /- t.i = u..". a r - r w

- - =.. 4. '. d a...". e - a. u r~ a. r

-r...,,..c e.,.v. a. ". n. '..l '..( 11" ".c.d.a.e r i r...a.

.. r = *.

2.

. ;.e r.v..,..,./..s 4. n n :

4

,n.

i...,n..4.4.vn,...,.-.o._.,,..-,.

, 1.,. t e

w

.... ~

e r.w.es.-e

..".i..ar.

i

.y

. =..w e,v s..=.. '. wa r..

a.

a o

..o

. - -.,....- r. - 1 4. -,;,.,,. y

........ v l a..-.= "3. '1

a. r

2. ~= i l

a. l a.....n i c.= l i.v.. = r.. s i.

e,.

-4.rgo..=s -...=,..=.s'; ('.e.0 r.-ee-3.ni.s a,".'....en. /"/svr~-

rc..c.li,.

0 a

3

...e

--,t._..

.- j w.

4.. 3r.,..m.y. 4. r ~.. ~. y

. ~...

s.

...=.- n. ne.

..,. w 4rt n...c., a,.~r,w.11

-r..,n.e we-,....ac.-,w1.n 2., x o..-..,

4 4

e...n

,r.

.w.

.s 3,5C0 :sunami han:-written reference ca-ds.*(A small cr:icn of tnese cards are ty:ec.

Mcwever, for :id ing Our:cses, offerces snall assc e ina: each card is hand-writte.n).

w C,..

3-.

r s..at4

,a.n..- 1..s v e..,e

. sun.,.4 r

.r.nw-.

C.,. r.s.

w

..,...,, n. a -...,1.,

ii.......

%.o s..

w.

c. r r=r.'m a....e

-'r.2 a'i.na..a..4.ca'ity oy au *~-r ( r c-- w--a.a a u..*. r 1,,.=.. a. ". - a.. =..= n..=. r..

o

..:utively. Nurcerir.g ne car s will ensure that :ne in ecrity of -he #ile is main-Wj.'i. ra V '. d. a 1

a..= n s.- f c -s s a - r=. #. =. ra n w '. o - --..-a c..-..u a. s.4. w-n s *. s.-a.r. i #. i -..= r._e a

.1,.=~.

y

.. n c. -....... r s. ~= i l..a.n. ra.v d a.w and. a.a.r,an'. '.a. **a. s.i bi 4.^ 3rs..ni r.

a. l a__e o.-

i v

2

e. n

...a.

.= r.s w

ar.d Ore:are the biblicgracny in camera-reac.v form fcilcwina. :ne fermat described in i

A::a:n ent C.

The Orcer of elements, cunctuation, indention, etc., snali f licw :nat format. The centractor shall also note in the arvin cf the bibliogracn.v an.y e

2.=...a. 't a. n.. 3..".. a_r.. ? ),

.~~ r *.., a

._i,-ea...s.r - --i.b'ie "Olic.s+=.. an tri. a.s. (.e a.

4 a

os2.m,

.. 2 w

., ',...e. s n.-..1 s w-.., c.,.... n.rac., r e.

o,,s 3., s s.-...a. r. : ro_r.c.s n. u.e c., r.2 s.

......... ~..

NRC Or;vides are ::rrsc: as written. The c:ntrac:Or snali croofrea: the final

.i a. r s '.. r..

...e O i *.'i i, r.'. ~.y

~ e #. c ra. s ".'... d. *.. '. a c. i. *. * "i nC.

o 1

I

n Ore:aring tre bibliogra hy, the contractor snail use iZ-citch type. No cne line of a a....,.. sca;;

a.ye...s.

. w,..-w.

pg.

~. ;. u ; 4 -..,.+. 4. n.

o

. i 3

4'

..r..s 4.2 3/attw, io e., r

r. #. re.n. ~-..

.. ~o

- o p~, ~= J

+

u..m*....

.A p.m. r o.s o.r..*.., *.j y o.

s o,m-n } a.

4 a

.i..

s v.

.as-'.

y..n, 0.'..

7 g -

a

.... g p..,!46 -.c...

g.

2-

.-.., i.. e.. 3.r.

t.a.,

s.p:.

4..-. 3 a

o o

......n

. ~

.o

~.....=..- f:c. a..v. 21.t: )

' ".. e. c a.. ". a. s. 4... 3.- a. x.=... '.. e.. a.

..=. r s.. #. #. a. - 2 s...~J 'a.,'.'i.,=

'.*..a 7.?:.

r.

.~

3n: !itle (Isund.r.i 3ibIiCgra ny).

~~

-~

M i

(~)

Page 16 a

v During the first week after award of this contract, the contractor shall arrange to meet with the NRC to discuss the project and any specific cuestions regarding format or bibliographic elements.

F.4 Deliverables a.

A minimum of ten (10) pages of the draft bibliography shall be submitted to NRC by the contractor no later than fourteen (14) calendar days after contract award. Within seven (7) calendar days after receipt of these pages, the NRC will provide its comments to the contractor for incorporation into the complete version of the bibliography.

b.

The contractor shall deliver to NRC the final camera-ready cocy of the Tsunami bibliography within ninety (90) calendar days after contract award date. Concurrent with submission of tne final camera-ready copy of the Tsunami bibliography, the contractor shall deliver to NRC a version of the completed bibliocraphy that can be read by IBM System 6 word processing eouipment (2780 or 2770 language) or shall electronically transmit the completed bibliography directly to this equipment (bysync protocol).

SECTION G - PRESERVATION AND PACKAGING All materials to be cicked up and/or delivered hereunder shall be afforded the degree of packaging (preservation and packing) recuired to prevent deterioration and/or damages due to hazards of shipment, handling, and storage. Such oackaging shall be accomplished in such a manner as to insure safe delivery at destination.

SECTION H - DELIVERIES OR PERFCRMANCE H.1 Period of Performance The period of performance under this contract shali be for a period of ninety (90) calendar days from the award date of the contract.

H.2 Celivery t

Deliverables required hereunder shall be furnished either by mail or hand-carried to the project officer in accordance with Subsection F.4.

H.3 Place of Delivery If mailed, deliverables shall be forwarded by the contractor to the following address:

U.S. Nuclear Regulatory Commission Division of Technical Infant.ation and Document Control Attn: Mr. Walter Oliu, M/S LA-212 Washington, D.C.

20555 t

m M

~,

O O

e>9e '7 If hand-carried, deliverables will be received by NRC at the folicwing address:

U.S. Nuclear Regulatory Commission Division of Technical Information and Document Control Attn: Mr. Walter Oliu, Room 212 Landcw Building 7910 Woodment Avenue Bethesda, MD 20014 SECTION I - INSPECTION AND ACCEPTANCE Inspection and acceptance of the items delivered under this contract shall be performed by the project officer at the NRC's facility in Betherda, Maryland. The project officer shall be the sole judge of the quality of work. Work not in accordance with the specifications or of unacceptable quality shall cause the job to be rejected and reported to the contractor, who shall at no additional costs to the government, promptly pickup the rejected work, make the necessary corrections, or.

remake the work, and return the corrected or remade work along with the rejection notice. Alternatively tne project officer may at his/her sole optien elect to correct or remake rejected work with NRC resources and facilities and make an eouitable adjustment in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled " Disputes."

SECTION J - SPECIAL PROVISIONS J.1 3rivate Use and protection of Unciassified Government Information Except as specifically authorized by this ' contract, or as other-

~

a.

wise approved by the Contracting Officer, records or other in-formation, documents and material furnished by the Commission to the contractor in the performance of this centract, or informa-tion developed by the contractor in the course of the work hereunder, shall be used cnly in connection with the work performed under this contract. The contractor shall, upon c0mpletion or termination of this contract, transmit to the Commission all records or other information, documents and material, and any copies thereof, furnished by the Commission to the contractor or developed by the contractor in the performance of this contract.

m

-m e

6

O A

k/

kJ Page 18 b.

The Contractor shall be responsible for safeguarding from un-authorized disclosure any information or other documents and material exempt from public disclosure by the Commission's re-gulations and made available to the contractor in connection with the performance of work under this contract. The contractor agrees to conform to all regulations, 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 contractor's obligation to conform to all security regulations and requirements of the Commission pertaining to classified information and material.

SECTION K - CONTRACT ACM'.NISTRATION DATA' K.1 Project Officer The Contracting Officer will designate a Project Officer for the purpose of assuring that services required under this contract are delivered in accordance therewith. Such Project Officer will be specifically designated in writing to the Contractor from.the Contracting Officer, including the extent of such designee's authority.

K.2 Government Furnished Material The following material shall be provided by the Government to the contractor upon award of this contract:

TSUNAMI REFERENCE CARDS (Maximum 3,500 Index Cards) i i

l l

l I

l g

1.

-r b

O Page 19 K.3 Billina Instructions for Fixed Price Contracts anc Purchase Orders General. The centractor th411 submit vcuchers or invoices as prescribed herein.

Fo rm.

Claims shall be submitted on the payee's letternead, invoice or en tne Government's Standard Form 1034 "Public Vcucher for Purchases and Services Other Than Personal," and Standard Form 1035 "Public Vcucher for Purchases Other Than Perscnal -- Continuation Sheet." These forms are available from the Government Printing Office, 710 North Capitol Street, Washingten, DC 2C801.

Numcer of Cecies and Mailine Address. An.riginal and six copies shall be sucmittac to iiRC offices 1centified belcw.

Frecuency. The centractor shall submit an invoice or vc'ucher only after NRC's final accectance for services rendered or products celivered in performance of the centract unless otherwise specified in the centract.

Precaratien and Itemi:atien of the Vcucher. The voucher shall be prepared in inx or typewriter (witncu: str1 Keovers) and correcticns or erasures must be initialed.

It must include the folicwing:

(a) Payor's name and address.

(i) Address the original vcucher (with 4 ccpies) to:

U.S. Nuclear Regulatory Ccemissicn, Divisien of Acccunting, Office of the Centroller, ATTN: GOV /CCM Acccunts Secticns, Washingten, CC 20555.

(ii) Address 2 i i.

copies to:

U.S. Nuclear Regulatory Ccmmission, ATTN: E. L.

Halman, Directer, Division of Contracts, Wasnington, DC 20555.

(iii) The cricir'1 coav of tne vcucner snould indicate that (2) cocies nave oeen for.varceo to :ne Centractina Officer.

(b) Voucher numcer.

l (c) Date of voucner.

(d) Contract numter and date.

(e) Payee's name and address.

(Shcw the name of the centractor l

and its correct address, excect when an assignment has been I

made by the centractor or a different payee has been designated, then insert the name and address of the payee.)

I (f) Descricticn of articles or services, quantity, unit price, and Octal amcunt.

l l

l e g e

~

O O

Page 20 (g) Weignt and :cne of sni; ent, if snip;ed by ;arcel ; cst.

1 (h) Charges for freight or ex ress shi; ents, and attached precaid bill, if shi;;ed by freight or express.

(1)

Inst:;cticns to c:nsignee to notify Centracting Officer of l

rEcei;; of shipment.

1 i

(j) Final invoice marked: " FINAL INVOICE" Carrency. Sillings may be ex;ressed in the cur ency nor. ally used by

ne c:ntrac:Or in maintaining his accounting rec 0rds and payttents will be made in that currency. Mcwever, the U.S. dollar ecuivalent for all invoices paid under :ne c:ntract may not exceed the total U.S. dollars autneri:ed in the c:ntract.

, t.

e I

rg+y,%.,

,._.7,-,.ww....

,,...,,,va,,w..:-

u..-

.,-~

,,..,.e w..,.-.

.,3

n pd d

\\

Page 21 SECTION L - GENERAL PROVISIONS L.1 This centract is subject to the Fixed Price Sucoly Contract General Provisions, dated 7/30/80, which incorporates the Standard Form 32 (Rev. 4-75) General Provisions and FPR Changes and Adcitions to Standard Form 32 General Provisions (Rev. 6-75), attached hereto and made a part hereof by this reference (Attachment E).

L.2 FPR Changes and Additions to Standard Form 32, General Provisions is further modified as follows:

1.

Clause entitled " Service Contract Act of 1965," as amended, attached heret0 and forming a part hereof is added as Article No. '47 (Attachment-F.)

PART IV - LIST OF 00CL'MENTS AND ATTACHMENTS SECTICN M - AT ACMMENTS Attachment A - NRC Centracter Organi:alicnal Conflicts of Interest (41 CFR Part 20)

Attachment B - Samples of Tsunami Reference Cards' Attachment C - Biblicgraphy Format Rtauirements - Sample of Marginal Notaticns Attachment E - General Provisions Attachment F - Article No. 47 - Service Centract Act of 1965 l

l l

l I

46 ew

N ATTACHMENT A PART 20 GENERAL Suenar: 20-1.54--Centracup Organi:adenal Dnflicts of Intans:

Sec.

20-1.5401 Sccce and policy.

20-1.54C2 Cefinitions.

20-1.5403 C.-itaria fer rec =gnidng contraccr organistienal anflieu of intarsst.

20-1.5404 Raortsentation.

20-1.5405 Centract clauses.

20-1.5405-1 General contract clause.

20-1.5405-2 Special contract provisiens.

20-1.54CE Evaluation, findings, and contract award..

20-1.5407 Conflicu identified after award.

20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-T.5410 Suteentrac= rs.

20-1.5411 Waiver.

20-1.5412 Remedies.

AU1'dCRITY: Sec. 3. Puc. L.95-601, addinq Sec.17CI s Pub. L.33-703, 68 Stat. 919, as amended (42 U.S.C. ca.14) 120-1.3401 Sc:ce and Policy (a)'It is the policy of the U.S. Nuclear Regulat:ry Consissien (NRC) :s avoid, eliminata or neutralt:s c:nt acur criani:ational confifets of intarsst. The NRC acnieves this objective by requiring all pressective c:nt actrs to submit information describing raiationshios, if any, with organi:adens or ;ersons (including cosa regulated by NRC) whfen may give Msa Oc actual or potantial =nflicts of intarts in the event of c:ntract award.

i l

(b) Cant ace r c:nfifct of intares: detarminadens cannct be made auematically or reutinely; the acclicaden of scund judgment en vir_.: ally a case-by-case basis is necassary if te ;cifcy is to be a: plied so as ts sadsfy ce everall :unIfe intarsst. It is not ;cssible to ;rescMbe in advanca a s ecific =ethed or sat of cMtaria wnich wculd ser te.s icentify and essolve all cf the c:ntrac=r =nflic of intarts: sinatens wnich sign arise; hcwever, examcles ars previced in cesa engula:icns to quice ac=11 cad en of ne ;clicy. MRC =nt acting and ;r gram af'iciais-mus: te aler: u cther sica:icas whien =ay warrant a:cifcarica cf :nis

cifcy guicanca.

1e ultimata.as: is: :41ght the contrac=r, if awarded

-~

=e =ntract, he :lacad in a posi:1cn wnert its judgment may be biased, er wnert it may have an un' air =meeddve advantage?

(c) The =n'lic cf intarts: rule =ntainec in mis subcar acclies

. c:n:rac.:rs anc effer:rs :nly. Incivi=als er fi- :s wne have crer reistiensM:s ai= NRC (e.g., par:t es.: a licansing :recaecing) art ne everse :y =ts esquia:icn. ~his -d e =es net ac:ly 3 ne a= uisi d en

f =nsul-ing sa.-t cas =rtugn ce :ersennel a=cin=en: :r:cass, NRC

-1 O"*]D

]D TY@'

6Ju oJB 11/51

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

20-1.5401 Scope and policy.

20-1.5402 Definitions.

20-1.5403 Criteria for recognizing contractor organizational conflicts of interest.

20-1.5404 Representation.

20-1.5405 Contract clauses.

20-1.5405-1 General contract clause.

20-1.5405-2 Special contract provisions.

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

20-1.5407 Conflicts identified after award.

20-1.5408 (Reserved) 20-1.5409 (Reserved) i 20-1.5410 Subcontractors.

20-1.5411 Waiver.

20-1.5412 Remedies.

AUTHORITY:

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

l 83-703, 68 Stat. 919, as amended (42 U.S.C. ch.14) l 120-1.5401 Scope and Policy (a) It is the policy of the U.S. Nuclear Regulatory Comission (NRC) to avoid, eliminate or neutralize contractor organizational confifets of interest. The NRC achieves this objective by requiring all prospective contractors to submit infonnation describing relationships, if any, with organizations cr persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.

i (b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest.

It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy. NRC contracting and prcgram officials must be alert to other situations which may warrant application of this policy guidance. The ultimate test is: Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased,,

or where it may have an unfair competitive advantage?

(c) The conflict of interest rule contained in this subpart acplies ter contractors and_ offerers only.

Individuals or firms who have other relationships with NRC (e.g., parties to a licensing proceeding) are not covered by tnis regulation. This rule does not acoly to the ac:uisiticn l

of :ensulting services through the personnel accointment crocess, NRC t,

i 7590-01 agreements with other government agencies, international organizations, or state, local or foreign governments; separate. procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.

120-1.5402 Definitinns

-(a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which: (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may othenvise result in a

~

biased work product, or (2) may result in its being given an unfair competitive advantage.

(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentaticn.

(c) ~" Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.

(d) " Technical censulting and management support services" means i

internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally t

require the contractor to be given access to information which has not been made available to the public or proprietary information. Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.

(e') " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).

(f) " Contractor" means any person, finn, unincorporated association, joint venture, co-spontor, par *mership, corporation, ~ affiliates thereof, i

or their successors in interest, including their chief executives, i

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

(g) " Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual

~

centrols or has the power to control another, or when a third party contruls or has the power to control both (41 CFR 11-1.606-1(e)).

(h)' - Subcontractor" means any subcontracter of any tier which perfoems work under a contract with the NRC exceot subcontracts for l

suoplies and subcontracts in amounts of'510,000 or less.

(f) " Prospective contractor" or " offeror" means any person, firm, unincorporated association, joint venture, partrarship, corporation, or affiliates thereof, including its chief' executive, directors, key personnel (icentified in the preocsal), preocsec consultants, or subcontractors, sa:=itting a bid or procosal, solicited or unsolicited, to the NRC to

ain a contract.

3 l

. ~. -

F 7590-01 (j)

" Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may arise frem award of a proposed contract. The term " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.

s20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two quotions will be asked in determining whether actual or potential organizational conflicts of ir.terest exist:

(1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the performance of the contract?

The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of common sense and good business judgment based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to prescribe in advance a specific meth7d for avoiding all of tne various situations or relationships which might involve potential organizaticnal conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evalcation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs.

(b) Situations or relationships which may give rise to organizational conflicts of interest.

(1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational conflicts of interest under tr e following circumstances:

(i) Where the offeror or contractor provides advice and reconnendations to the NRC in a technical area in which it is also providing consulting assistance in the same arec to any organi:ation regulated by the NRC.

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

(iii) Where the offeror or contractor evaluates its own products or services, or the oroducts or services of another entity wnere the offeror or contractor has been sucstantially involved in their :evelcoment or marketing.

(iv) Where the award of a contract.would _otherwise result in placing tne offeror or contractor in a conflicting role in wnich its jucgment may be biased in relation to its worx for tne NRC or may otherwise result in an unfair ccmcetitive advantage for the offerer or contractor.

y

.a

7590-01 (2) The contracting officer may request specific info nation frem an offerer or contractor or may recuire special contract provisions such as provided in 120-1.5405-2 in the following circumstances:

(i) Where the offerer or contractor precares specifications which are to be used in competitive procurements of products or services covered by such specifications.

(11) Where the offerer or contractor precares plans for specific approaches or methodologies that are to be incorporated into ccmcetitive procurements using such approaches or methodologies.

(iii) Where the offerer or contractor is granted access to infcmation not available to the :ublic concerning NRC plans, policies, or programs which could form the basis for a later procurement action.

(iv) Where the of'eror or contractor is granted access to proprietary infomation of its competitors.

(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in wnich its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair comcetitive advantage for the offerer or contractor.

(c) Policy application guidance. The following exar,21es are illustrative only and are not intended to identify and resolve all contractor organi:ational conflict of interest situations.

(1) Examole.

The XYZ Coro., in res;onse to a recuest for proposal (RFP), proposes to undertake certain analyses of a reactor ccmconent as called for in the RFP. The XYZ Corp. is one of several ccmcanies considered to be technically well qualified. In resconse to the inquiry in the RFP, the XYZ Coro, acvises that it is currently performing similar analyses for the reactor manufacturer.

Guidance. An NRC contract for that particular work nomally would not be awarded to the XYZ Corp. because it would be placed in a position in wnich its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified comoanies available, there would be no reason for considering a waiver of the :olicy.

l (2) Example. The ABC Corp., in res:onse to a RFP, proceses to per#crm certain analyses of a reactor cocoonent which are unicue to one type of advanced reactor. As is the case with other technically cualified companies resnanding to the RFP, the ABC Corp. is perforting various projects for several different utility clients. None of the ABC Corp.

projects nave any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be One best cualified ccmcany to cerfori the work outlined in the AFP.

.4.

l

7590-01 Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the private sector which could create a conflict. For example, ABC Corp. would be precluded frem the performance of similar work for the company developing the advanced reactor mentioned in the example.

(3)

Example. As a result of operating problems in a certain type of cossnercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public. Only one manufacturer has extensive experience with that tyre of plant. Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any MRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.

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

Since the nature of the Erk raquired is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such w m er shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.

(4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.

has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.

Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no infornation produced under the contract will be used in the contractor's private activities unless such information-has been reported to NRC. Information which is reported to NRC by contractors will nonnally be disseminated by MRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others. Further, the contract will stipulate that the contractor will inforn the NRC contracting officar of all situations in which the infonnation develoced under the contract is proposed to be used.

5

.~. -

7590-01 (5) Example. The ABC Corp., in resconse to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt.

In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(i), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study.

Guidance. The contracting officer would nomally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment mignt be biased. The work for others clause of 5 20-1.5405-1(c) would preclude ABC Corp. from tecepting work during the term of the NRC contract which could create a conflict of interest.

(d) Other considerations.

(1) The fact that the NRC can identify ar;d later avoid, eliminate, or neutralize any potential organi:ational conflicts arising from the perfor nance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract.

(2)

It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a comcetitive or a sole source basis.

520-1.5404 Representation (a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organi:ational conflicts of interest with respect to a particular offeror or contrac*ar.

(b) Representation procedure. The following organi:stional conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for: (1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organi:ational conflicts of interest provisions are noted in the solicitation and would be incluced in tne resulting contract.

This representation recuire-ent shall also apply to all modifications for additional effort under tne contract except those issued under the " changes" clause. 'Where, bewever, a statement of the type required by the organi:ational conflicts of interest representation provision has previously been sut:mitted wita regard to tne contract seing modified, only an updating of sucn statement -

snall be required.

5

7590-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that:

The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1).

l (c)

Instructions to offerors.

The following shall be included in all NRC solicitations:

(l) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 5 20-1.5403(b)(1) are involved, or the contracting officer othemise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer.

If the contracting officer deternines that organizational conflicts exist, the following actions may be taken:

(1) Impose appropriate conditions which avoid such conflicts, (ii) disqualify the of/Mr. or (iii) detennine that it is othemise in the best interest of the United States to seek award of the contract under the waiver provisions of 220-1.5411.

i (2) The refusal to provide the representation required by 120-1.5404(b) or upon request of the contracting officer the facts required by 520-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the l

resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other i

remedial actions provided by law or the resulting contract.

(d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals.

If the NRC considers the proposed excluded work to be an essential nr integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerers, the proposal must be rejected as unacceptable.

(a) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be l

cor 1 cered to be a minor informality, and the offerer will be permitted N correct the cmission.

l I 20-1.5405 Contract clauses 1 20-1.5405-1 General contract clause _

7590-01 All contracts of the types set forth in 120-1.5404(b) shall include the following clauses:

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

(1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or othemise) wnich relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope.

The restrictions described herein shall :pply to performance or participation by the contractor as defined in 41 CFR 5 20-1.5402(f) in the actitities covered by this clause.

(c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give risc to a conflict of interest with respect to the work being perfonned under this contract.

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

If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any finn or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior +4 exec; tion of such contractual arrangement.

I (d) Disclosure after award.

(1) The contractor warrants that *w I

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

t (2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.

This statement shall include a description of the action which the contractor has taken or propcses to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government.

(e) Access to and use of infonnation.

(1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, recorts, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not teen released to the public, the contractor agrees not to: (i) 'jse such information for any(private curpose until the infonnation has been l

released to the oublic; ii) ccmcete for work for the Comission based 2

1 1

7590-01 on sucn information for a period of six (6) months after either the completion of this contract or the release of such information to the public, wnicnever is first, (iii) submit an unsolicited croposal to the government based on such information until one year after the release of such information to the public, or (iv) relcase the information without prior written approval by the contracting officer unless such information has previously been releasea to the ;ublic 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 (?;b. L.93-579), or other confidential or privileged technical, business, or financial information uncer this contract, the contractor shall treat such information in accordance with restrictions placec on use of tne information.

(3) The contractor shall have, subject to patent and security provisions of this contract, the rignt to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.

(f) Subcontracts.

Except as provided in 41 CFR 3 20-1.5402(h), the contractor shall include this clause, including this paragraph, in succentracts of any tier. The terms " contract," " contractor," and

" contracting officer," shall be appropriately modified to preserve the government's rignts.

(g) Remedies. For breach of any of the above proscriptions or for intentional ncndisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faitn, 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 i

directed in writing through the contracting officer to the Executive Direc ce for Operations (EDO) in accordance with the procedures outlined in 120-1.5411.

120-1.5405-2 Special contract provisions.

l (a)

If it is determined from the nature _ of the proposed contract tnat organi:a:ional conflicts of interest exist, One contracting officer may determine that sucn c:nflict can be avoided or after obtaining a waiver in accordance wita 120-1.5411, neutralt:sc :nrougn tne use of an appropriate scecial contract crovision.

If accrcoriate, the' offerce may negotiate One terms and conditions of these clauses, including :ne -

extant and time ;eriod of any sucn restricticn. These provisions include ou: are no. limitao :o:

_g.

7590-01 (1) Hardware exclusion clauses wnun prohibit the acceptance of procuction contracts following a related nonproduc:fon contract previously performed by the contractor; (2) Software exclusion clauses; (3) Clauses wnich require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses wnich provide for protection of confidential data and guard against its unauthori:ed use.

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

(i) Follow-on effort.

(1) The c:ntractor shall be ineligible to participate in NRC contracts, subcontracts, or precosals nerefer (solicited or unsolicited) wnich stem directly from the c:ntractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform any technical consulting or management support services work or evaluation activities uncer this contract on any of its products or services or the products or services of another firm if tne contractor has been substantially involved in :ne development or marketing of sucn products or services.

(2)

If the contractor under this contract crepares a c molete or essentially complete statement of work or specifica:icns, the contractor shall be ineligible to perform or participate in the initial contractual effort wnich is basec on such statement of work or scecifications. The contractor snall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in wnich case ne restriction in this subparagraph shall not apoly.

(3) Nothing in t*.ss pangraph shall :reclude the contractor feca offering or :elling its standarc c mmercial items to :ne government.

I 20-1.54C6 Evaluation, findings, and c:ntrac: 7.wa rd The contrac:ine officer will evaluate all ceievant facts submi::ec by an offeror pursuan: to :ne recresentation recui ements of !20-1.5404(b) and otner relevan: information. After evalua:ing :his informa: ion agains: ne criteria of f 20-1.5403, a fincing will be mace by tne c:n:rac:ing officer whether organi:a ional c nflicts of interes: exist with res:ect to a particular offeror.

If it nas seen ce:ernined :na: c:nflicts of interes exist, :nen :ne c:ntracting Of^ :er snali sitner:

(a)

Giscualify :ne offer:r f t awar:,

I D s-

7590-01 i

(b) Avoid or eliminate sucn c:nflicts by acoropriate measures; or (c) Award tne centract uncer tne waiver prevision of 120-1.5411.

120-1.5407 Cerflicts identified after award.

If potential organi:ational c nflicts of interest are identified after award with resoect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it would not be in the best interests of tne government to terminate the contract as crovided in the clauses required by 120-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 520-1.5411, neutralize the effects of the identified conflict.

120-1.5408 (Reserved) 120-1.5409 (Reserved) 520-1.5410 Subc:ntracts The contracting officer snall require offerces and centractors t:

submit a representation statement in accordance with i20-1.5404(b) from subcentrac: Ors and censultants. The c:a'racting officer snall require tne contrac :r to include contract clauses in accordance witn ! 20-1.5405-in censultant agreements or subcontracts involving perf ormance of work under a prime contract covered by this subsection.

I 20-1.5411

'4aiver In the first instance, determina:icn with rescect to the need to seek a waiver for specific contract awarcs snall be made by.the centracting-officer with :ne advice and concurrence of :ne crogram office director and the Office of Executive Legal Dirtcter.

Upon the recemmendation of the contracting officer, and after con 3ultaticn with the Office of the I

i General Counsel, the EDO may waive the policy in scecific cases if he determines that it is in the cest interest of the Unitec States to do so.

Sucn action shall be strictly limited to those situations in wnich:

t

[

(1) The work to be performed under centract is vital to the NRC program; (2) the wort cannot be satisfactorily performed except by a contractor wnose interests give rise to a cuestion of c:nflict of interest; and (3) contractual and/or tecnnical review and su:ervision methods can be encicyed by NRC to neutrali:e tne conflict.

For any such maivers, tne justificaticn and approval :ccuments snall :e placed in :ne Puolic Occument Rocm.

i i -

7590-01 520-1. 5412 Remedies In addition to sucn other remedies as may be oermittec by law or contract for a breach of the restrictions in :nis suboart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest recuired to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.

Dated at Washincten. D.C this 27th day of March 1979.

For the fluclear Regulatory Ccemission et%@

c-t Samuel d. Chilk Secretary offthe Cenmission i

f i

-;I-

~_.

l s

.A *d

,b P --/

C h/4 LL ATTACHMENT 8 H-c

.~,f-g

'W EI' GEL, EDWIN P.

I974

~

(ITIC),

I y,.,, f f

5 copies T5m;AMI -- General feirel. Edwin P.

e f

TSUNAMI!

i Reprinted from NOAA, vol. 4, eo,1, y,,,1974 1

~

1 i

i OL

/

l ITIC O

O en e-I l

l l

l t

r l

y

.# " W

~ - -

WEISCHET WOLFGA.NG I 9 G 2.

I s erar.fct? Ilsr b.!!iff

~

! **i

-.3

~

~,........u I ~Wcia:het, Wc1Tgang (Ceegraphistles Institut der Uniwrsit?.: Freiburg). Else LY$n'5

,trladert Ihr A=t'ts: dic fiaturkatas:rophe la Ch!!s, Pt.1. [A isndscape changes its fsce the natu aldisaster in Chile. Pt.1.] Umscasv. Frar.krurs s.M.,62(2):33-36, Jan.13, losz. AI.,

, quakes in Chile is discussed bricSy and a detai!cd se:ount is given of the two er.rthriuskcs ulJch

[ 'N{

Pt. *., Ibid., 62 (3)d&-81. Feb.1.196L 13 Irs.,13 refs.-The incidence of tremors and r=rth.

occurred 36 hours4.166667e-4 days 0.01 hours 5.952381e-5 weeks 1.3698e-5 months apart on May 21 and May 22.1961 in the region of Concepcion.Arsuco and

) in the region beeween Valdivia and Castro (la the central part of Chilod Is.). The diseunime N

' includes the TcIlowing: extent and intensity of the earthquakes, the damage produced, m

, nature of the acceleration and movements of the underground strata, the charscteristics of the,

tsunsmis and their eKacts; epiro-sad tactegenetic crustal roovements and volcanic scrivity;

disptacement of rock masses at the earth's surface underithein8uence of gravity alone without the InSuence of transport sneans such as water, ice, etc. Photographs and diagrams of &

i earthquake phenormena are presented. Jubissi Esalings: 1. Zarthquakes, ChDe (May 1961l

2. Chile-7.I R.

1 l-e l

I Y

t MAGA R62 -

.D 90 * ~D)T Elu s ]f, }

m y

r

,.-.--,e

(a?

~

i WEISCl4ET,WOLFGANC-1963 I

y Fucher chsavnms %.9ehqic wa c

i geonwhic chwjes resv(fitg 'imi

\\

~

~ 10e cdasicitic eauiaquaee +; sig

.t9 6 o,iu c s fe.

Bull. $eistnol. Soc. Am, G(G)i l237-1257.

O y

ADAMS 8ts. 67 e

s-p-,,

(9 e1 W E LDIN, G.W.

[Q64

~

t6ts A:a.cka eauffoque2e,o3miin helpthg kaad.

~

~ ~

Milifag 84gdneer 37g 249-250, t

'L V o l. ?

3 Ue. 2 See alss Amymsac,le64.

__... CERCI.f CaiC6lg has:

10te hl1.cka es# see :... ; Cnrai&n =;

" HeV

...J ",%; 9. K. Lee ld.n*ngj swl.hactedh ha k ciMk y

1&vse oN0ter aritcLos 2ua.atri0ws G2 y' th Alaska caunquake.2-2 c-f4e Mildauy Eugdresa,v.56,no.372,

.2t46-2ss, T9Gt4.

ADAMS 815. 67 i

W r

w--

g

-e

y

_..e-=-

r _-- - -

,.1 l

?

izrm a2 w op WELLS D.R. p-on 1967

t. #t-C" N9k wv s C=F+Cb5" & 4:

! ems-.w.s, y 3

~~-"r

,.u..e.s..ud nrs,.

m 3..

=..e... n e..rs.,.... u..rr.

2. nmn.

Sn - 73ft Lsi-1 s,4,

~, lla 9, I

3 W ~'

C=~O M H l~ W4 O r.) : Noko Octo gory 4(f

~ eAct; sesi: itntus.4-eg e s, or. - wz.

c l

% DIH W T*Ttg,s g Ctui,u r 5eyg y : pc,,__

8 A35 m CT I

2he skewness of the probability, distrihtien of the horizontal water velocity of secend order gravity waves is derived in order to investigate the stgbility S

s

- _.~7 of sar.d beaches. It is shown that if the distriktion j,s h skewed tcvard the beach, fem the bach sand may gecur:. data; ersas if it is skewed away f.

, sand may

~cc s e m ava.T.. 4ee&_eydennec yp;,7, 3x,,,,

y ness'is zerc, and cc:;otadr.,n show taat. 4 cannot occur shersvard of the J.ciht where the depth-to-wave-length ratio is apprc=imately 0.$090. Thehe rar. alt.s erlain in a precise manner sc=e observed bdch r

equilibri'.:n phenone=a.

i l

i Or1972 t

h amp 4 m 6h

_-m

ATTACHMENT C BIBLIOGRAPHIC ELEMENTS Personal author - Last Name, First Name. Initial capital letters.

Example:

Ziegenbern, J.

Author Affiliation, if any - Initial capital letters, except for acronyms and initialisms, in parenthesis Example:

(NATA SACLANT ASW Res. Ctr., La Spe:ia, Italy.)

Corporate author, if appropriate - Initial capital letters.

Example:

Costal Engineering Research Center Title - If journal article, enclose in quotation marks If book, underline If foreign, follow title in original language with title in English. Enclose English title in parenthesis If foreign title is in Cyrillic type, indicate language of original title and follow with English title in parentheses.

Journal Name - Initial capital letters. Use Amer. Chem. Soc. or Index Medicus Abbreviations.

Journal Volume Number - In Arabic numbers, followed by issue number if any, in parentheses.

Date - !4cnth, day, year, in parentheses.

~

Pages - 479-487 4

Abstract, if any - Precede by " abstract" in all-capital letters, followed by a colon.

Example:

ABSTRACT:

1 Key terms, subject headings, descriptors, etc., if any - Precede by appropriate terms in all-capital letters, followed by a colon Source, if any - Precede by." source" in all-capital letters followed by a colon Example:

SOURCE:

Additional information, if any - Initial capital letters

==

i AI TAChMEHT D y

1 itch thv e.

~d-- fY - ch n o-a c te r ixxxlx.-[xxxxxxxxxxxxxxxx xxx xxxxxxxx0M axxxxxxxxxxxxxxxxxxx x

l j

Weigel, Edwin P.

" Tsunami'" Reprintec from NOAA, 4: 1 g,

V (Jan 1974).

SOUP.CE:

ITIC Welschet, Wolfgang )(Geogr: phi::ches Institut der Uni-versitit Frat hrg. "E Antlit:: die Naturkatastrophe in Chile, Pt. 1" (A Landscape Chances its Face: the Natural Disaster in Chile, Pt.1).' Umschau, Frankfurt a.M., Germany, 62:2 (Jan 15, 1962) 33-36. Also, Pt.2, Ibid., 62:3 (Feb 1, 1962) 78-81.

13 figures,15 references.

1 ABSTRACT: The. incidence of tremors and earthquakes in Chile is (dscussed briefly and a detailed ac-l count is given of the two earthquakes which oc-g curred 36 hours4.166667e-4 days 0.01 hours 5.952381e-5 weeks 1.3698e-5 months apart on May 21 and May 22,1961 in f

(g) the region of Conceps:icn-Arauco and in the region V

i W

7 between Valdi'via and Castro (in the central part or Y

I

)i Chiloe Is.). The discussion includes the follow-

/

ing: extent and intensity of the earthquakes, the

[N damage produced, the nature of the acceleration and movements of the underground strata, the character-C istics of the tsunamis and their effects; epiro --

(a A

/

f e

and tectogenetic crustal movements and volcanic y

ac.tivity; displacefnent of rock masses at the

.i QT

/

earth's surface under the 'nfluences.of gravity

\\

/

alone without the influence of transport means such as water, ice, etc.

Photographs and diagrams of

\\

/

\\

/

the earthquake phenomena are presented.

\\% ',

SUBJECT HEADINGS:

1. Earthquakes, Chile (May 1961)

2. Chile.

SOURCE:

MAGA 1962, "Further observations of geologic

% Weischet, Wolfgang.and geomorphic changes resulting from the cata-strophic earthquake of May 1960, in Chile."

Bull.

Seismol. Soc. Am., 53:6 (1963) 1237-1257.

.,N SOURC5: ADAMS BIB. 67 7

' Y Weldir[ G.K.

"The Alaska earthquake, operation u/(M/np.

helping hand." Military Engineer, 372 (1964) 249-y & }yleAlymott!,19; j

b 250.

SOURCE:

ADAMS BIB. 67 p h A"M. '" ' j " # '* g 4eiding, G.K.

"The Alaska earthquake..... Operation M, ' b

' Helping Hand"." The Military Engineer, 56:372 wM (1964) 246-255.

aTGvsv~$1LAlAnh SOURCE:

CERC h

Wells, D.R. (The Johns Hopkins University Dept. of j

Mechanics, Bal timore, 1D).

" Beach equilibrium and second-order wave theory."

J. geophys. Res., 72:2 (Jan 15, 1967) 497-504.

3 igures, 16 references, 2 appendices.

gtrac TERMS:

waves, gravity, teacn equilibrium, erosion, deoosition, sedimentation, sediment transport.

ABSTRACT: The rkewness of the probability distribu-tion of the horizental water velocity...

50*JRCE :

01 1972

,.x 6 4, eg,,, hw

<- ~ d =. <*. /a,.,. cit y 4

Uc L,.si O A,XAXXXXXXXXXXXXXXXXXXXXXX dXXXXXXXXXXXXXXXXXXXXXXXXXX j

,.w g.

g a

1m t k ~, " ' " " ' A (Eeigel, Ecwin P.'jbsu ami'" heprinted from fiOAA, 4:

~

~ ~~L

' ' " ' T TIC 2 u

N' bischet, Wcifgan j(Geo;rachisches Institut der Uni _,

~ wW "~~' J " 3 w

t ihrT

%grstit t rei::urg).f Eine Lam:::nt veranoer

'h n-i i t:: oie t ar.urratastrophe in Chile Pt. 1" (A )

s.#- c !+

Landscape Chances its Face: the Natural Disaster inj Chile, Pt.1). f Umscnau, Frankfurt a.M.,

Gennany, Lp 9 a J 1.,e

~

4 62:2 (Jan 15, 1962) 33-36. Also, Pt.2, Ibid., 62:3 Feb 1, 1962) 78-81.

o* M 4 13 figures,15 references. '

AS5 TRACT:

The incioence of tremors and earthquakesT m

in Chile is duscussed briefly and a detailed ac-count is given of the two earthquakes which oc-curred 36 hours4.166667e-4 days 0.01 hours 5.952381e-5 weeks 1.3698e-5 months apart on May 21 and May 22, 1961 in ii the region of Concepcion-Arauco and in the region between Valdivia and Castro (in the central part or /

~

Chiloe Is.). The discussion includes the follow-ing: extent and intensity of the earthquakes, the j) a lostf"C damage produced, the nature of the acceleration and movements of the underground strata, the character ;

istics of the tsunamis and their effects; epiro --

and tectogenetic crustal movements and volcanic activity; displacement of rock masses at the earth's surface under th e influence of gravity alone without the influence of trani; port means such as water, ice, etc.

Photographs and diagrams of the earthouake chenomena are cresented.

QW A

> " p % '*M tartnquakes, Chile (May 19 g

ISUIEEGi ncou uius:

1.

h t6m *, Ac+ Qtm 2_. Chile.

C CURCE: MAGA 19o2 Weischet, Wolfgang.

"Further observations of geologic

.-y I

and gecmorphic changes resulting from the cata-strophic earthquake of May 1960, in Chile." Bull.

Seismol. Soc. Am., 5'i:6 (1963) 1237-1257.

i l

SOURCE: ADAMS BIB. 67 Weldin, G.K.

"The Alaska earthquake, operation helping hand."

Military Engineer, 372 (1964) 249-250.

SOURCE: ADAMS BIB. 67 Welding, G.K.

"The Alaska earthquake..... Operation

" Helping Hand"."

The Military Engineer, 56:372 (1964) 246-255.

SOURCE: CERC Wells D.R. (The Johns Hopkins University, Dept. of Mechanics, Baltimore, MD).

" Beach equilibrium and second-order wave theory."

J. geophys. Res., 72:2

_(Jan 15 1c67) 497-504.

) a t-d 9 L abstract, 3 figures,16 references, 2 appendices 7 J

MF contract:

TETd5: waves, gravity, oeacn equilibrium, erosion, deposition, sedimentation, sediment transport.

ASSTRACT: The skewness of the probability distribu-tion of the hori: ental water velocity...

SOURCE: 01 1972 e

p

=

+

ATTACHMENT E Revised 7/30/97 Consisting of Pages 1 throvsh 25 GENERAL PROVISION TIXI3 PRICE SUPPLT CCNTRACT TA3LE OF CONTENTS Standard Fors 32. General Provisions (Supply Contract) Containin6 the following listed Articles on pages 1 through 5 of the form plus additiona1 Articles on pages 6 througn 20 attached thereto.

PACE TITLZ ARTICLE 1

1 Definitions................................................

1 2

Changes.........................................................

1 3

Estras..........................................................

I 4

Variation In Quantity...........................................

1 l

Inspection......................................................

2 t

Re s po ns ib ili ty Fo r S upp li es.....................................

2 7

Payments........................................................

2 i

Assignment of C1aiss............................................

S 2

9 Additional 3 cad Security........................................

2 Fwir4nacion of Records By Cooptroller General...................

10 2

11 0efault...........................

......~.......................

3 12 31sputes.................................'.......................

l Nottee and Assistance Regarding Patent and Copyright 13 3

l Infringement..................................................

3 i

la Suy American Act................................................

4 13 Convict Labor...................................................

l$

Conerset Work Hours and Safety Standards Act -

4 l

Ov e r tise C omp e n sa t io n.........................................

4

. a ls h-dealey Public Contracts Act...............................

4 i

17 W

l 13

' E q ua l op po r tuni ty...............................................

5 l

19 o f f icials No t To 5e ne f it........................................

5

(

20 Covenant Agains t Contingent Tees................................

5 21 Ut ili:stion o f Smell Business concerns..........................

22 U tilization o f Labo r S urplus Ar ea Concerns......................

5 23 U tilita tion o f Mino rity Bus inese Conce rne.......................

5 24 P r ic ing o f Ad j us rsen ts..........................................

5 25 Payment o f In ter es t on contrac tors ' C14 4==......................

6 A6 A l t e r a tio ns.....................................................

6 27 Lis ting o f Emp loyment 0penings..................................

9 IS Employment o f the Mandicapped...................................

10 29 Clear Air and Water.............................................

11 30 Te d e ral. S t a te and Local Taxes..................................

12 31 Termination Tor Convenience of the Gover mmac...................

17 32 Mino rity Sus iness En te rprises Subcontracting Program............

18 33 Pref erence Fo r U.S. Flag Air Carriers...........................

18 34 No tice To the Gove rnment of Labo r Disputes....

3................

19 35 Pers1ta.........................................................

19 36 R e n e g o t ia tio n...................................................

19 37 Patent I n d emn i ty................................................

O 1

38 Reporting Royalties.............................................

20 39 No tice Re garding La t e 3elive ry..................................

t l

1 w"

Revised 7/30/80 Consisting of Pages. through 25 CENERAL PROVISION FIXE 3 PRICE SUPPLY CONTPACT TABLE OF CONTENTS Standard Form 32, General Provisions (Supply Contract) Containing the following listed Articles on pages 1 through 5 of the form plus additional Articles on pages 6 through 20 attached thereto.

ARTICLE TITLE PACE 1

Definitions.....................................................

1 2

Changes.........................................................

1 3

Extras..........................................................

1 4

Variation In Quantity............................

1 5

Inspection......

4..............................................

1 6

Re s po ns ib ili ty Fo r S upp lies.....................................

2 7

Pay 3ents........................................................

2 8

Assignment of C1 aims............................................

2

?

Additional Bond Security........................................

2

'.0 Examination of Rscords By Comptroller General...................

2 11 Default.........................................................

2 12 Disputes......................................'..................

3 13 Notice and Assistance Regarding Patent and Copyright Infringement..................................................

3 la 3u y Ame ri ca n Ac t................................................

3 15 Convict Labor...................................................

4 16 Contract Work Hours and Safety Standards Act -

Overtime Compensation.........................................

4 17 Walsh-Healey Public Contracts Act...............................

4 l

13 E q ual op p o r tun i ty...............................................

4 19 O f f icia ls No t To Be ne f it........................................

5 20 Covenant A gains t Contingent Fees...........................,....

5 l

21 Utilization of Small Business Concerna..........................

5 l

22 U tiliza tion o f Labo r Surplus Area Concerns......................

5 23 U tiliza tion o f Minority Business Concerns.......................

5 24 P r icing o f Adj us tmen ts..........................................

5 25 Payment o f In tes es t On Contractors ' Claims......................

5 l

26 Alterations.....................................................

6 l

27 Listing of Employment 0penings..................................

6 l

28 Employmen c o f the Randicapped...................................

9 l

29 Clear Air and Water.............................................

10 30 Federal. State and Local Taxes..................................

11 l

31 Te rmination For Convenience of the Government................... 12 l

32 Minority Bus iness Enterprises Subcontracting Program............ 17 j

33 Preference For U.S. Flag Air Carriers..:........................

18 34 No tice To the Gove rnment of Labor Disputes...................... 18 35 Permits.........................................................

19 i

1 36 Renegotiation...................................................

19 37 P a t e n t I n d emni ty................................................ 19 38 Reporting Royalties.............................................

20 39 No tice Re garding La te Delive ry.................................. 20 I

l

GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT (Cont.)

ARTICLE TITLE PAGE 40 S to p Wo rk O rde r.............................................

21 41 Publication and Publicity...................................

22 42 Di ssemination of Contract Info rmation.......................

22 43 Wo rk f o r O the rs.............................................

23 t! a!$i5n*5f'$55e5'dE5ed'$uilhiii't56cehhs*(Ovir*510'.000):* II 5

46 Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled By Sccially and Economically Di s a dvantaged Indi vi dual s........................................ 25 I.

11

GENERAL PROVISIONS

($upph Corttragt)

1. DrrtMiross without limitation raw materials, compenents, intermediate As ned throuahout this contract, the following terms shall assemblies, and end products) shall be subject to inspection and N.e the meanirig set forth be:ow s test by the Government, to the extent practiesble at all times and ei The teen " head of the t.gency" or " Secretary" as used places including the perted of manufacture, and in any event pnor herein means the Seentary, the Under Secntary, any to acnptance.

Assistant Secretary, or any other head or assistant head (b) In case any supplies or fots of supplice are defective in of the executive or military department or other Federal material or workmanship or otherwise not in coeformity with the agency; and the term "his duly authonred representative" requirernents of this contract, the Government shall have the means any person or persons or board (other than the right either to reject them (with or without instructions as to Contracting Omcer) authorised to act for the head of the their dispositions or to require their correction. Supplies or lots agency or the Secretary.

of supplies which have been reycted or required to be corrected i b) The term " Contracting Omcer means the person esecuting shall be removed or, if permitted or required by the Contracting this contract on behalf of the Government, and any other Omeer, corrected in plate by and at the expense of the Contractor omeer or civilian employee who :s a properly designated promptly after notice, and shall not thereafter be tendered for Contracting Officer; and the term includes, except as other-acceptance unless the former rejection or requirement of corree.

wise provided in this contract the authonzed representa.

tion is disclosed. If the Contractor fails promptly to remove such tive of a Contracting Officer acting within the Ilmits of his supplies or lots of supplies which are required to be removed, or authority.

promptly to replace or correct such supplies or lots of supplies.

(c) Except as otherwise provided in this contract, the term the Government either (i) may by contract or otherw.se replace S ubcontracts" includes purchase orders under this or correct such supplies and charge to the Contractor the cost contract.

occasioned the Government thereby, or (11) nay terminate this contract for default as provided in the elasse of this contract

2. Cn o ces entitled " Default." Unless the Contractor coureets or replaces i

T$e contracting Omcer may at any time, by a wntten order, such supplies within the delivery schedule. the Contracting Oscer

.nd othout notice to the surettes, make changes, within the gen-may require the delivery of such supplies at a nduction in price mi vope of this contract. In any one or more of the following:

which is equitable under the circumstances. Failure to spee to f 1 Drawings, designs. or speciScations, where the supplies to be such reduction of price shall be a dispute concerning a question furnisned are to be spe. sally manufactured for the Government of fact within the meaning of the clause of this contrset entitled

.n accordance therewith; (ii) method of shipment or packing;

" Disputes."

l an i nii) place of delivery. If any such change causes an increase (c) If any inspection or test is made by the Government on the 4r :iecrease in the cost of, or the time required for, the perform-premises of the Contractor or a subcontractor, the Contractor

am of any part of the work under this contract.whether changed without additional charge shall provide all reasonable facilities a c.nt changed by any such order, an equitable adjustment shall and assistance for the safety and convenience of the Government he m.ie in the contract price or delivery schedule, or both, and inspectors in the performance of their dutise. If Government the cont ract shall be mo. lined in wtittar accordingly. Any claim by inspection or test is rnade at a point other than the premiaes of the antractor for adjustment under this clause must be asserted the Contractor or a subcontractor, it shall be at the expense of within JO days from the date of receipt by the Contractor of the the Government except as otherwise provided in this contracts notincation of change: Pmnded, howevee. That the Contracting Provided. That in case of rejection the Government shall not be Omcer if 5e decides that the facts justify such action, may re-liable for any reduction in value of samples used in connection reive and act upon any such claim asserted at any time prior to with such inspcetion or test. All inspections and ;tts by the

!!nal payment under this contract. Where the ecst of property Government shall be performed in such a manner as nos unduly nade obsolete or excess as s result of a change is Niuded in the delay the work. The Government reserves the nght to et rge to Nntractor's claim for adiustment, the Contracting OHicer shall the Contracto-any additional cost of Governaient inspection and l

Fave the nght to presenbe the manner of disposition of such test when supplies are not ready at the time such inspection and prop. ty. Fantare to agree to any adjustment shall be a dispute test is requested by the Contractor or when reinspection or retest emc.mne a question of fact within the meaning of the clause of is m W

h or tb of the l

the entract entitled " Disputes.** However. nothing in this clause supplies shall be made as promptly as practicable after delivery.

l shall ascuse the Contractor frem proceeding with the contract as except as otherwise provided in this contractt but failure to l

Inspect and accept or reject supplies shall neither relieve the Contractor from responenbility for such supplies as are not in 1 Etntan accordance with the contract requirements nor Ernpose liability Ftrert ss other vise provided in this contract, no payment for on the Government therefor.

sti an. hall he made unless such extras and the pnce therefor g

e been anthorized in wnting by the Contractine Omcer.

or lots thereof does not relieve the Contractor from any responni-bility regardiing defects or othet failures to v=y,t the contract 1 V utt innN IN Qt ettTY L vanation in the quantity of any item called for by this con.

requirements which may be discovered prior to acceptance.

Except as otherwise provided,n this contract. acceptance 4 hall i

t r et oil tw accepted unless such varint:on has been caused by be conclusive except as regards latent defects fraud, or such

."n(tmne of Ioadine, shipping, or packing, or allowances in ran :facturing pimcesses. and then only to the extent, if any, gross mistakes as amount to fraud.

'accded elsewhere in this contract, le) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the supplies 2

b met!"

hereunder. Records of all inseeetion work by the Contrsctor sai Mi supphes twhich term throughout this clause includes shall be kept complete and available to the Goveriment during 8 r0 me..$tAnsOAs0 FORM 32 f Rn

.t u.. reo.i crm t-is.ct 2

D * *

'D

]D T a n l ]N i %

ad l

l

si m contract and :..

4c.. hrer pertoo as s;te y fatis to fu.sn reports as M n>< $nane:al conditien from t9e performn-a

..ma ta nee as requested by ti.e Governn.cnt.the Contractor stad may bc.ncet + s %re in th:s contrue.,

.romM.y furn:sh such sti.uonal sesunty as may be required r.. ilumsnmu.7 ros Arrtar.a frem tme to ilme to protect tne internt, of toe Gover-ment and Execpt an ah:rs y prmided.n inis wtr u t, si) the Con

cf per%ns suppsteg ! abor or mater.ab.n t'.e prosecunon of the tractor sna.1 be rwes ble for the ear;mn cared by tLa scrx eontemplated by *his contract.

contract antal they are desivered at the den.matN ienivery pomt.

10. EWIINArt0N Cr Hr.cenos av CoMr mour.htstaar.

regardiens of the point of inspectient 00 after ielivery to the Government at the te ig.ated point and pnor to acceptance by ta) Tbs clause s applicable if the amount of this contract the Givernment sr re:ecuon and gtwng nonce therect by the exceecs $10.000 and was entered.ato ity means of negotist.:n.

Gove nment, the Gr.vernment shall be responsible for the lose or including small bustnese restected advertismg. but is not appia destruction of or 12 mage to the supplies only if such losa.

cab:e if tAs contract was entered into by means of formal destruction. or damage resuits frem the negligence of otEcert.

advertising.

acents, or emotoyees of the Government scung within the scep*

(b) The Contractor agrees that the Comptreder General of the of their employ ent; and (111) th Contrseter snau bear all rns United States or any of his dtly authonzed representatives shall, as ta rejected suppi.es after notice of re;ect:en, except that the until the expiration of 3 years after deal payment under this Government shall be responsibie for.he loss, or de=truction of, or contNt or such ! esser time spectaed in either Appendix M of the damare to the supplies only tf suen ic s. destruction or damage Armed Services Procuntnent Regulation or the Federal Pneare-resuits from the gicas negilrence of otbra, agents, or employees ment Regulations Part 1-20. as appropr: ate, have access to and of the Government acting within the scope f their employment.

the right to esamine any directly pertinent boons. doc tments.

papers, and records of the Contractor involving transecuens n.

.,pp m sted to this contract.

The contractor sn211 be paid upon de subm'ssion of preper I*I m"a Contractor further agrees to include :n 13 his sub-invoien or voucher *. the pnees stpulated herein for su:pues contracts henundu a pov:sion to the e5nt inat the suocontne.

deitv. red ano acwsted or services rniered and accepted. :ese tn 3rnes *. at t e Qntptidu Genusi of de Un.ted hates or Muctions, if any, as berein provided. Unless otherwise specided.

any of his duly authonsed reoresentattvrs shall untd the expira.

payment

dt i>e made et nartial delivenes accepted by the Gov-

. on of 3 Man afte $nal paymnt undu the subcontract n suem u

erwent when the amount iue e9 such delivenes to wt.rrr.nts

, esser time specided in either Appendix M of de Armed 3ervees of. when requested by the Contractor, paWnt for ace'rpted par.

Pmrement Regulat:en or the Federal Procurement Regulations trai deUvar es shall be made whenewr vues payment would ciud Part 1-20. as appropriate. have access to and the nght to examina or neced either 51.000 or 50 percent of de total amount of th;.s any y patinent bocas, doewnts. papers. And recores d

contract, such subcontractor. involvmg transsettens related to *he sc.

contract. The term " subcontract

as used in th:s eiaase escludte

e. Asstcurst or Ct.Atws ta) Pursuan: to de provnions of *he Arsir-ment of C!aime W purchase orders not exceeding 310No and C) suheontracts Act of 1940, as smeadet di U.S.C. 203, 41 U.S.C. !5). i* this or puretase order = for public uniity servtees at rates estseiieed for unifnm applicabdity to the gueral pubhe.

contnet provtdes for paymet.ts satgregat.nr 31.110 er mers.

.%Irre for moneys due or to become due the Contractor frern the (dl The pertods of access and naminat::n desenbad in m Gmerament under this contract may be assined to a bank, trust and f eb above. for records which ref ate to (!) appests unca mmpany, or other ananeme institutien ine!udhir any Federal the " Disputes" clause of this conerset. m litigarica or the

'ending stency, and may thenafter be farther assigned and sett%ent of claimt arts:ng out of the perfer-ance of this cen.

tract, or (3) costs and tapenses of this centr.et ss to whten sz.

reaumaned to any suen institution. Any such assignment or re.

a*mmment srail cover all amounts payable under this contract ception has been taken by the Comptroller Genersl or any of his and not already pa2d. and shall not be made to more than one duly author: red representatives, shall continue untti such appeals, party, eteest that any such assignment or Massig teer.t may be litiganon, claims, or eteeptions have been disposec of.

made to one party as agent at tr:stee for two or more parties g

participating in such denneing. t*nless other vise provided in (a) The Gmmmut may. subject to the provisions of para.

this contract, payments to an assice, of any moneys due or to I

!=come due under this contract st'all not, to the extent provided grapn ic) below, by wr tten notice of default to the fontesetsr.

i terminate the wnoie or any prt of this contract in any one of in wwl Act. as amended. be subject to reluction or seted. (The the Mmag erreumstances:

f precatin,r se itence applies only if this contract.s rade in ume of (h If the Contractor fails to make deliscrv af the auspiies or var or nauoral emergency as deined in said Act and is with the to perform the services within the time specifed here:n er anf i

1+partment af Defense, the General Services Admmistration. tne 838" h'F'Cfi or Pnergy nc-uren and Devciorment Administration. the.fational "3"n !f the Contrsetcr fails to perform say of the other pro.

(i Aernnaut:es and Snnee Asimimstratten, the Faceral Avtation visions of this contrset. ar go fatis to =ase,rogress as to Adminatration. or any other stepartment or arency of the United endanger perfora ance of this contenet in seeordance etth :ts Statea demented by the Protdent pursuant to C?ause 4 of the terms, and in etther of these two e;rcumetances does ' tot rura prnvm of section 1 of the Assignment of CIsams Act of 1940, as such failure within a per:od of 10 days ter eurs ;onee-perinet

(

smonded by the Act af Stay 15.1951. 65 Stat. 41.)

as the Contracting Omeer may auterne in seri er) after f

@) In an event nal! eenies cf this contract or of any plans, receipt of notice from the Contractine O?cer anecifyin such wncatioen. or other s:milar documents niattne to worit under.

fadun.

t tNa centrset. if mnrwed " Top Seent.'"Seerat." er"Conddential (b) In the event the Goverma*.t terminates ths cantrse; m be furnished in try aestcae of any claim 3r'stng ancer this whole or in part as penvided in parse inn ian af &ta cinuse. tv c~ntr art er n any itP er persan not etit!ed to rareive the same, Coverament may prece ven such tems snd m such atanner ila awr. 3 cany of tny part nr all of this enr.ttset so n arked may as the Contractine Oscar --tv daam ann ~rt:nte aunpnee ?

i.e Nenahal. or any :nformation contained therein may be dis, s mees swlar in those so,-mmned. and t* e an' rvtar *N e

d..*c t. ta auc9 asvea** upon the pr:or wr:tten authertzation cf be !!able to the f.over9 ment W any e*re** -os's nr sucas umust d.e Gntrartine O&er, euopiies er service *: P-ar* 8. "at tha &ntrac"? *an rentinue 1 Anmrtml. HoND Fect RtrY the perfer snee of this e"! tract to tha esteat act :c-"*tratal If any eurey upon any Med furalished :q ennnection *vtth *his

'ander the pr"H*0ne of this -suse.

.wlt set Mc es unseceptable to the Goverment or if any such (c) Excapt wtta resp *** o lef aue *f + vrvices. W StahCAe0 FCow 32 'eev. 4-75) 2 9

A M e & &ldrb l

C mtractor shall not be liable for any excess costs if the failure to ing Oscer, who shall reduce his decision to wnting and mail or otherwise furntah a copy thereof to the Contractor. The dectaron

wrform the contract arises out of causee beyond the control and of the Contracting Omeer shall be anal and 4: sive unless,

+thout the fawit or negligence of the Contractor. Such causes within 30 days from the data of receipt o'

. the Con.

rnay include, bat are not restricted to acts of God or of the public tractor mails or otherwise furnishes to ig Omcer

,nemy acts of the Government in either its sovereign or con-a written appeal addressed to the Se'

.saon of the tractual capacity. Area. Moods, epidemics. quarantine restrtetions, strikes, freight embargoes, and unusually severe weather; but Secretary or his duly authorized 7 r the determi.

o ausive uniese de-in.very case the failure to perform must be beyond the control nation of such appeals shall be Y[N stion to havo been and without the fault o? negligence of the Cantractor. If the termined by a court of co-r so grossly erroneous fraudulent, or espricious.

failura to perform is caused by the default of a subcontractor, 6

. supported by substantial and af such def ault artsee out of causes beyond tha control of both as necessarily to anply

4 b

vpeal proceeding under this evidence. In conne#

the Contractor and subcontractor, and without the fault or neglirence of either of 'hom the Contractor shall not be liable clause, the Cont

afforded an opportunity to be 3

heard and to gt

.n support of its appeal. Pending for any excess costs for failure to perform, unless the supplies t

.nunder, the Contractor shall proceed or acrvacs to be furni.hed by the sabcontractor *ere obtasnable SaaJ doetsio-p from other sources in sumeient time to permit the Contractor to diligentle t

.msnee of the contract and in accordance with t'

$j sacer's decision.

meet the required delivery schedule.

(d) If this contract is terminated as provided in paragraph C

.es* clause does not preclude consideration of law

. connection alth decisions provided for in para.

ia) of this clause, the Government,in addition to any other rights

.sve: Provided. That nothing in this contract shall be graph provided in this clause, may require the Contractor to transfer construeu as mabag final the decision of any administratave title and deliver to the Government, in the manner and to the extent directed by the Contracting Oscer. t1) any completed otBc:al, representative, or board on a question of law, supplies, and (ii) such partially completed supplies and materials,

13. Nortes wo AsstaTANcs Racaantwo PATsNT AND parts, tools, dies, jigs istures, plans, drawings, informanon.

Corvuscu? Isra:NGssesNT and contract rients (hereinafter er.lled " manufacturing mm.

T1e provisions of this clause shall be applicable only if the

er als') as the Contractor has speeWally produced or cpe.

amount of this contract exceeds 310.000.

et$cally acquired for ti.e performance of suen part of this contract The Contractor shall report to the Contracting Omeer, (a) u has been terminated; and the Contractor shall. upon direction proreptly and in nasonable wntten detail, each notice or etsim of the Contracting Orneer, protect and preserve property in posesion of the Contracter in which the Goverhment has an of patent or copyngntinfr:ngement based on the perfotvnence of this contract of ehich the Contractor has knowledge.

Psyment for compfeted supplies delivered to sN se.

(b) In the event of arty claim or suit against the Government mterest.

cepted by the Governreent shall be at the contract price. Ptreent on account of any alleged patent or copynght infringement for manufactur:ng materials delivered to and accepted b, the arising out of the performance of this contract or out of the use Government and for the protection and pruervation of propery of any supplice furnished or worir or services performed here-shall he in an amount agreed upon by the Contesetor and Con.

ander, the Contrsetor shall furnish to the Government, when teseting Omcer: failure to sarae to such amour.t sns!! be a disputa requested by We Contracting Omcer, all mdence and information concernins a question cf fa:t withis tne meseng of the clause of in possession nf the Contractor pertaining to such suit or clas:n.

this enntract entitied "Disputea." The Government may withhold Such evidence and information shall be furninhed at the expense from amounts etherwise due the Contractor for such completed of the Government sacept when the Contractor has agress to supplies or mannfacturir.g materia!s such sum as the Contracting Omeer determines to be necessary to protect the Gcurnment indemnify tne Government, seminst Ioas because of cutstanding liens or claims of fonner lien

14. BtrT Axastca ACT

holders, (a) th acquirind end products. the Buy.bnerican Act (41 U.S.

tel If, after notice of termination of this contract under the Code 10 axi) prmdes that the Government give preference to l

provisions of this efause,it is deternuned for any reason that the domestic source end producta. For the purpose of this clause:

l Contractor was not in default under the provisions of this clause, (1) " Components" means those articles, materials, and sup.

(

or that the default was excusable under the provisions of this P es, which are directly incorporated in the end products; li eiause. the rtants and obligations of the parties shall,if the con.

(ii) "End products" means those articles, materiale. and tract contains a clause pioviding fer termination for convenience supplies, which an to be acquired under this contract for pubile of the Government be the same as if the.totice of termination use; and had been issued pursuant to such clause. If, after notice of termi.

(iii) A "domeetic source end product" means (A) an un.

nation of this contract under the provisions of this clause, it is manufactured end product which has been mined or produced determined for any reason that the Contractor was not in default in the United States and (B) an end product manufactured in under the provisions of this clause, and if this contract does not the United States if the cost of the components th-of which enntain a clause providing for tenmnation for convenience of the an mined. produced, or manufactured in the United Statee ex.

Gavernment. the conenct shall be equitably adjusted to compen.

eeeds 50 percent of the cost of all its components. For the

-ate foe such termination and the contract moeiiM mrdingly; purposes of this (a)(iii)(B). components of foretan ortrin of fai ure to arrm to snr such adjustment shall be a dispute con.

the same type or kind as the products refernd to in (h)(ii) or t

cerning 1 question of fact eithin the meaningof the clause of this (111) of this clause shall be treated as components mined, pro.

contrset entitled "Dbputes."

duced, or manufactured in the United.9tates.

If) The r rhts and remedies of the Government provided in this (b) The Contractor agrees that there will be delivered under clauae = hall not be etelusive and an in addition to any other this contract only domestic source end products, except end ryhts and remedies provided by law or under this contract.

l fg) As used in paragraph f e) of this clause, the terms "sub.

products:

(1) Which are for use outside the United States; contrsetor" and " subcontractors" mean subcontractor (s) et (ii) Which the Government determines are not mined, pro.

any tier.

duced, or manufactund in the United States In surhetent and C U38P"8 14 resa nably available commeretal quantities and of a satistactory (a) 7tcept as othe#

C\\6

. any dispute quality; concerning 2 -

gee

... tract which (iii) As to which the Secretary determines the domestic is not dCd

..med by the Contract.

preference to be inconsistent with tlic pubil: interest; or

$d 3

stANomeo roeu n <n 4-m u

2

(iv) As to which the Secretary determines the crat to the interpntations of the Secretary of Labor which an now or 'nay Government to be ur. reasonable.

henafter be in eifect.

(The foregoing requ.rements an administered in accordance with Executive order No.10582, dated December 17,1954.)

18. EQUat. Ome;mTY (The following clause is applicable unless this contract is ex.

15. CoNvice Lasos empt under the rules, regulatieas, and tilevant orders of the In connection w th the performance of work under this contract.

Secretary of Labor (41 CFR.ch. 60).)

the Contractor ag*es not to amploy any person undergoing sen-During the performance of this contract, the Contractor agrees tence of impr:nonment at hard labor except as provided by Public as follows:

Law 83-176. September 10.1965 (19 U.S.C. 4082(e)(2)) sad (a) The Contractor wt!! not disertnunate against any employee Ezeeutive Crder 11755. December :9.1973.

or applicant for employment beesume of race, color, reliston, sex.

la. ComacT Wess Hocus AND Sarrry STANDASDe AcT-or national ortsta. De Contractor mH take afrmatin action to OvuaTims CowrunsaTson en8un dat appucasts an emWoyed, and h empp an treated during smployment. without ngard to their race, color.

This centract. to the cz'

. that it fe of a character spec 8ed religion, sex, or natsenal origin. Such action snall include, but not in the Contract Work Hours and Safety Standards Act (40 U.S.C.

be linuted to, the following: Employment, upgrading, demotion.

3M-333), is subject to the following provisions and to all other or transfer; rectuatment or recruttment advertising; layof or applicable provisions and exceptions of such Act and the regula.

termination; rates of pay or other forms of compensation; and tions of the Secrstary of Labor thereunder.

seiection for training, including apprenticeship. The Contractor (a) Overtirne requirements. No Contractor or subcontractor agrees to post in conspicuous places, available to employees and cont acting for any part of the contract work which may require applicants for employment, notices to be provided by the Coo-or involve 2e employment of laborera, mechanica, apprentices, tracung Oscer setung forth the provtsions of this Equal Oppor-tra.nees, watchmen, and guards shall require or permit ant tunity clause..

taborer, meenanic, apprentice, traines, watchman, or guard in (b) The Coatnctor will, in all soIIcitatierts or advertisements any workweek :n which he is employed on such work to work in for employees placed by or on unif of the Contractor, state excess of eight hours in any esiendar day or in excess of fort 7 that a3 quallfled applicants will receive considerntion for em-hours in such workwen on work subject to the provtsions of the ployment without regar 4 to race, coicr. rei!ston, sex, or national Contract Work IIours and Safety Standards Act unless such

,,g.a.

laoorer, meenanic, appreence, tratnee, watchman, or guard n-(c) The Contractor rill send to each labor t.nion or noreser.ta-eetves compensanon at a rate not !ess than one and one-half tirnes tive of workers with which be has a cr.deetsve bargaining agne-his basse rate of pay for all such hours worked :n excess of eight ment or other contract or uncentanding. a notice, to se novided hours in any calendar day or in excess of forty hours in such by the agenn Contra cing 02eer, advisang the labor union or worvw++k. whichever is the greater number of overtime hours.

workers' repr<sentatin of the Contractor's commlaments under (b) Violation; Ilability for unpaid 9ges; liquidated damages.

this Equal Opportunity cisuse. and sn=11 poes copies of the notice in the event of any violation of the provisions of paragraph (a),

in conspicuous places availaUe to empioyees and applicants for the Contnetor and any subcontrsetor responsible therefor shall employment.

be liable to any afecteo -moloyee for his unpaid wares. In addi*

Id) The Contractor will compiy wtta sli provisions of Execu.

tan, such Contrac'or and subcontractor shall be liable to the tive Order No.11:46 of September 24, 1965, as smsaded by L'nited 3tates for ilquida ed dar-ages. Such liquidated camages Executave Order No.11373 of October if,.1967, and of the rules, shall bn computed with respect to each individual !aborer, regulations, and relevant orders of the Secretary of Labor.

mechanie. apprentice. tuinee. watchman. or guard employed in (e) The Contrnetcr rt11 furnish all information and reports violation of the provin.ons of paragraph (a) in the sum of $10 required by Execuuve Order No.11244 of September 24. IMP.

for each calendar day on -ehich such employee was required or as amended by Executive Order No.11373 of October 13, 1347, permitted to be empleved on such work in ucess of eight hours and by the rules, regulations and orders of the Secretary of or in excess of his standard workweek of forty hours without pay-Later, or pursuant thereto, and will permit access to his books.

ment of the overtime wages required by pangrapn (a).

records, and accounts by the contracting agency and the Secrstary (c) Withholding for unpaid wages and liquidated damages. The of Labor for purposes of investigation to ascertain compliance Contracting Omeer may withhold from the Government Prime with such rules regulations. and orders.

Contractor, from any moneys payable on account of work per-(f) In the event of the Contractor's noncompliance with the formed by the Contnetor or subcontractor such sums as may Equal Opportunity clause of this contract or with any of the administratively be de' ermined to be necessary to satisfy any said rules regulations. or ortiers, this contract may be canceled.

liabilit:es of such Contractor or subcontractor for unpaid wages terminated. or suspended, in whole or in part, and the Centractor and !iquidated damages as provided in the provisions of pars-may be declared ineligible for further Government contracts in graph (b).

accoruance with procedures authorized in Executive Order No.

(d) Subcontracts. The Contnetor shall insert pangraphs f a) 11246 of September 24,1966. as amended by Executive Order No.

through (d) of this clause in all subcontracts. and shall require 11375 of October 13. 1967 and suen other wanctions may be im.

t.. ~ ineinsian in all subcontracts of any tier.

posed and remedies invoked as provided in Executive Order Na.

(*) Records. The Contractor shall maintain payroll records 11246 of September 24.1963. as amended by Executive Order No.

containmz the :niormation spectaed in 29 CTR 316. (s). Such 11373 of October 13.1967, or by rule, regulation. or order of the rwords shail be preserved for three years from the completion Secntary of Labor. or as otherwise previoed by :aw.

of the contract.

(g) The Contractor will include the provtsions of pararraphs (a) throurn (g) in every subcontract or purchase order unless 17 WAt.sn Hr. Aunt P'JDUC ComtAcr5 ACr exempted by rules, reculations, or orders of the Seefetary of If this contract is for the manufacture or' furnishing of Labor issued pursuant to section 204 of Executive Order No.

naterta:s. surplies, articles, or couipment in an amount which 11246 of September 24,1945. as amended by Exceutive Order No.

exceeds or may exceed $10.@0 and :s othermse subject to the 11375 of October 13,1967, so that such provisions will be hintiing Walsh.Haa;ey Public Cor.trsets Act. as amended (41 U.S. Code upon each subcontractor or vendor, The t'ontractor wul take auch 33-4~,). there are hereoy :ncorporsted by reference all represen-action with respect to any subcontract or purchase orcer as the tatsoes and stituiat: ors raquir d by said Act and regulatzens contracting agency may direct as a means of enforcing such 3 sued ther+uncer by the Sect *tary of Labor, such representa-provisions. Including sanctions for noncompiiance: P-mded.

nons anii st2pu;ations being subject to all applicable rulings and 3 osceree. That in *.he event the Contractor becerr.ee :nvolved in.

t t*ANCAa0 FCW 32 f hv. MD 4

Y

10 %f d

M J A k{i@nL 1

ar is threatened with. litigation with a subcontractor or vendor small businese concerns; (2) other certt8ed-eligible concerns with as a result of such directica by the contract:ng agency, the Con-a Arst preference; (3) certined-elittble concerns with a second trsetor nav request the Umted States to enter into suen litigauen preference which,are slao small business concerns; (41 other

o pro.#et the interests of the United States.

certi$ed-elig:ble' concerns with a second preference; (3) per.

sistent or substantial labor surplus ans concerns w%ch are also

19. Orr ctst.s Not To ButrtT small businese concerns; (6) other perststent or substantial labor No nember of or delegate to Congress, or resident Commts-surplus area concerns; and (7) small business concerns which noner. shall oe admitted to any share or part of this contract, of are not labor surplus area concerns.

to any benent that may arise therefrom; but this provision shall

23. U?itazAnow or MINoa Tv BestNtat ENTurn2sts not be construed to extend to this contract if made with a corpo.

ration for its general benent.

(a) It is the policy of the Government Jiat minority business enterpnses shan han de mammum meccable oppmunW to

20. ('ortN ANT AcatNs? CoxnNcr~ Ftts participate in the performance of Government contrsets.

The Contractor warrants that no pa..m or selling agency has (b) The Contractor agrees to use his best efforts to carry out been employed or retained to solicit or secure this contract upna this policy in the award of his subcontracts to the fullest extent an arr** ment or understanding fer a commission, percentage.

consistent with the escient performance of this contrset. As brokerste or continrent fee, excepting bona $de employees or used 12t this contract, the term "minenty business enterprise"

%na $de estabhshed commeretal or seiling agencies maintained means a business. at teot 50 percent of which is owned by by the Contractor for the purpose of secunng business. For minonty gnup members or, in case of oublicly owned businesses, bresch or viointion of this warranty the Government shall have at least 51 percent of the stock of which is owned by minenty the neht to annul this contrset without liability or in its die group members. For the purposes of this deamtion. minanty tan to daduet from the contrset price or consideration, or other-group members are Negroes. Spanish-speaking Amertean persons, we *ecover, the full amount of such commission. pereestage.

Amenean-Oriertals. American-Indians. Amenean Eslumes, and i Mersee, or contintrent fee.

Amencan A'euts. Contractors may rely on writ *an representa-tions by subcontmtors ngarding their status as minotity busi-

21. U tuzanow or Swar.t. BestNess CCNCMNs ness enterpnses in lieu of an :ndependent investigation.

4 ai It is the policy of the Government as dec!and by the Con-rea that a fair preportion of the purchases and contracts for

24. PuctNo or ANtsfMp?s merhee anel servins for the Government be placed with small When ecsts are a factor in any determmatran of a contrset unra enneens, pnee adjustment pursuant to 15e aprres clause or any other ibi ?? e Centractor arreet to accomplish the maximum amount prov'ston of this toneset, suen costs shall be in accordance with d eubecotracting to small business euncerns that the C>ntrsetor the contract cost principles and proceduns in Part 1-15 of the his 's 50 consistent *vith the ese:ent perfoneance vf this Federal Procurement Regulations (41 CFR 1-15) or Section XV of the Armed Services Procurement Rrgulat:a. as applicable, vWset.

which are in O!fect on the date of this cor.ttset.

a enuzancN or Lason Startes Area CoNCrRN9

25. PmtrNT or Lvtratst or CoNinacmas' Ct.atxt,

+ n > lt is the psiicy of the Governm.snt 'o award conrrsets to

'ab r surplus ares concerns that (1) have been certiSed by the (a) If an appeal is Sled by the Contrac'or from a anal decision 9-~esev of Laboe thenafter refernd to ss certined-eligible of the Contracting OSeer under the D.sputes clause of this con-tith $rst or second preferences) regardirt the emplay-tract. denying a claim arising une.er the :entract. simple intwrest en &rme ment of 1 prorortionate number of disadvar.taged indrridaals and on the amount of the claim anally detennaied owed by the Govern-have arn.d to perform substantially (i) in or near sections of ment shall be payable to the Contractor. Such interest shall be at cancentrated unemployment or underemployment or in persistent the rate determined by the Secretary of the Tressury pursuant to er subtantial labor surplus areas or (ii) in other areas of the Public Law 92-41. 85 Stat. 97, frem the date the Con:rsetor fur-Umted States, respectively. or (2) an noacertined concerns nishes to the Contracting O*.cer his vntien appeal under the vhich have agreed to perform substantially in persistent or sub-Disputes clause of this contract to the date of (1) a ana! Judg-stantial ! abor surplus areas, when this can be done consistent ment by a court of cetnpetent,5tisdiction, or (2) nailing to the with the at'Icient nerformance of the contract and at pr ces no Contractor of a supplemental agreement for execution either aon-hience than are obtainable elsewhere. The Contractor agrees to

$rming complesed 'terotiations between the parties or carrying vc ms best erforts to place his subcontracts in accordance with aut a decision of a board of contract appeals.

(b) Notwithstanding f a), above. (1) intere=t shall be applied em. nn6iev.

,i.1 !n enmplyme with parsersch f a) of this clause and with oniy from the date payment was due, if such date is later than paraersnh t hi of the rinuse of this contrset entitled " Utilization the aline of appeal. and (2) intenst shall not 50 paid for any af L-:ill Rumme*s Concerns" the Contractor in placing his sub-period of time that the Contracting Omeer determinen the Con-mmrtets dall observe t5e followmr order of preference: (1) tractor has unduly delayed in pursuine his remedies before a t'ern$cddir:ble concerns with a arst preference which are also board of contract appeals or a court of competent jurisdict;on.

D o

% D fW n

bb; Ij I

Y

' Ug h

5 sr4Nc4=o ronw 32 m.v. 4-7p v

FPR CHANGES AND NRC ADDITIONS TO STANDARD PORM 32 (1-16.101(2))

GENERAL PROVISIONS (SUPPLY CONNCI)

(June 1976) i ADDITIONS CONSIST OF ARTICLES IHROUGH I

26.

ALTERATIONS I

The following alterations to the provisions of Standard Form 32, General Provisions, of this contract were made prior to execution of the contract by the parties:

1.

DEFINITICNS The following paragraph'(d) is added to this clause:

a.

"(d) The term " Commission" or "NRC" means the United States Nuclear Regulatory Commission or any duly authorized representative thereof, including the Contracting Officer except for the purpose of deciding l

I an apperal under the Article " Disputes."

27.

LISTING OF EMPLOYMENT OPENINGS (FPR Temp. Reg. 39)

(Applicable to Contracts Involving $10,000 or More) l DIS m ED VETERANS AND VETERANS OF THE VIETNAM ERA The contractor will not discriminate against any employee or applicant for a.

employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for i

employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment,.and otherwise treat qualified disabled veteranc and veterans for the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, adver-tiaing, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

I b.

The contractor agrees that all suitable employment openings of the contractc r which exist at the time of the execution of this centract and those which occur during the performance of this contract, including those not generated by this co 2 tract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reoorts to such local office regarding employment openings and hires as may l

be required.

State and local government agencies holding Federal contracts of $10,000 or more shall also li.it all their suitable openings with the appropriate office of the St. ate empic. ment service, but are not re<}uired to provide those reports set forth in paragraphs (d) and (e).

6-l l

Listing of employment openings with the employment service system pursuant to c.

this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which i

attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended' to relieve the contractor from any requirements in Executive orders or regulations regard-ing nondiscrimination in employment.

{

d.

The reports required by paragraph (b) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the contractor has more than one hiring location in a State, with the central office of that State employment service.

Such reports shall indicate for each hiring location (1) the number of indivi-duals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C.1787.

The contractor shall submit a report within 30 days after the end of each l

reporting period wherein any performance is made on this contract identifying data for each hiring location. The contractor shall as1ntain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for - - 4n= tion by any l

authorized representatives of the contracting officer or of the Secretary of Lzbor. Documentation would include personnel records respecting job openinfs, i

recruitment, and placement.

e.

Whenever the contractor becomes contractually bound to the listing provisions i

of this clause, it shall advise the employment service system in each Stats-where it has establishments of the name and location of each hiring location

[

in the State. As long as the contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts. The contractor nay advise the

- State system when it is no longer bound by this contract clause.

f.

This clause does not apply to the listing of employment openings which occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.

g.

The provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the contractor proposes to fill from within his own l

organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. -

t

-+

,,w..-

.s,

.m.

s

,w,--,w%,,,,,., - ~ -,,, -..... - ~.

.., ~. -,. - -

,.-m

- m= m...-

i h.

As used in this clause:

i l

(1)

"All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: production and I

non-production; plant and office; laborers. and mechanics; supervisory and nonsupervisory; technical; and executive, administrative, and pro-fossional openings that are compensated on a salary basis of less than l

$25,000 per year. This term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment. It does not include openings which the -ontractor proposes to fill from within his own organization or-to fill pursuant to a customary and traditional employer-union hiring arrangement nor cpenings in an educa-tional institution which are restricted to students of that institution.

Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of 7

listing would otherwise not be for the best interest of the Government.

i (2) " Appropriate office of the State employment service system" means the local office of the Federal / State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, i

Guam, Puerto Rico, and the Virgin Islands.

l (3) " Openings which the contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the contractor proposes to fill from regularly established " recall" lists.

(4) " Openings which the contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees.

1.

The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.

j.

In the event of the contractor's noncompliance with the requirements of.this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.

k.

The contractor agrees to post in conspicuous places available to employees and applicants for employment notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the contractor's obligation under the law to take affirmative action to employ

-S-D l

l -. -. - - -

i and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees.

1.

The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to take af firmative Action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era.

The contractor will include the provisions of this clause in every subcontract n.

or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.

3.

IMPLOYMEE OF THE EANDICAPPED (FPR Temp. Reg. 38) a.

The contractor will not discrimi-ate against any employee or applicant for e=ployment because of physical er mental handicap in regard to any position for which the employea or applicant for employment is qualified. The contractor agrees to take af firmative action to employ, advance in employment and otherwise treat qualified handicapped individuala without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, re-cruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

b.

The contractor agrees to cemply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973 as amended c.

In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in acenrdance wi-Ji the _ rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act.

d.

The Contractor agrees to post in conspicuo us places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, office of Federal Contract Compliance Programs, Department of Labor provided by or through the Contracting Of ficer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and appli-cants for employment, and the rights of applicants and employees.

s.

The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract under-standing that the contractor is bound by the ter=s of section 503 of the Act, and is committed to take affirmative action to employ and advance in e=ployment physically and sentally handicapped individuals.

9-

e f.

The Contractor will include the provisions of this clause in every sub-contract or purchase order of $2,500 or more unless exempted by rules, reg-ulations, or orders of the Secretary of Labor issued pursuant to section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcon-tract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action.

for noncompliance.

29.

CLEAR AIR AND WATER (1-1.2302)

(Applicable only if *.he, contract exceeds $100,000, or the Contracting Officer has determined that orders under an indefinite quantity contract in any one year will exceed $100,000 or a focility to be used has been the subject of a conviction under the Clear Air Act (42 U.S.C.1957c-8(c) (1)) or the Federal Water Pollution Control Act (33 U.S.C.1319(c)) and is listed by EPA, or the contract is not otherwise exempt.)

a.

The Contractor agrees as follows:

(1) To comply with all the requirements of section 114 of the Clean Air Act, as amended-(42.U.S.C. 1857, et seq., as amended by Pub.

L.91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Pub. L.95-500), respec-tively, relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of the contract.

(2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing.

(3) To use his best afforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed.

(4) To insert the substance of the provisions of this clause into any nonexempt subcontract, including this par graph (a)(4).

b.

The terms used in this clause have the following meanings:

(1) The term " Air-Act" means the Clean Air Act, as amended (42 U.S.C.

1857 et. se'q., as amended by Pub. L.91-604).

(2) The term " Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et. seq., as amended by Pub. L.92-500).

4 (3) The term " clean air standards" means any enforceable rules, regulaticns, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable i=plementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C.1857c-5(d)), an approved implementation procedure or plan under section 111(c) or section ill(d), respectively, of the Air Act (42 U.S.C.1857(c) or (d)), or an approved Laplementation procedure under section 112(d) of the Air Act (42 U.S.C.1857c-7(d)).

(4) The term " clean water standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is pro-mulgated pursuant to the Water Act or contained La a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C.1342), or by local govern==nt to ensure compliance with pretreat-ment regulations as required by section 307 of the Water Act (33 U.S.C.

1317).

(5) The term " compliance" means compliance with clean air or water standards.

Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an air or water pollution control agency in accor-dance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto.

(6) The term "f acility" means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations owned,. leased, or supervised by a contractor or subcontractor, to be utill:ed in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collocated in one geographical area.

FEDERAL, STATE, AND LCCAL TAXES (1-11.401-1(c))

(a) Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and local taxes and duties.

(b) Nevertheless, with respect to any Federal excise tax or duty on the trans-actions or property ecvered by this contract, if a statute, court decision, written ruling, or regulation takes effect after the contract date, and--

1.

Results in the Contractor being required to pay or bear the burden of any such Federal excise tax or duty or increase in the rate thereof which would not otherwise have been payable on such transactions or property, the contract price shall be increased by the amount of such tax or duty or race increase: Provided, that the Contractor if requested

by the Contracting Officer, warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price as a contingency reserve or othetwise; or (2) Results in the Contractor not being required to pay or bear the burden l

of, or in his obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refund, or drawback, or the amount shall be paid to Government, as directed by the Contracting Officer. The contract price shall be similarly decreased if the Contractor, through his fault or negligence or his failure to follow instructions of the Contracting Officer, is required to pay or bear the burden of, or does not obtain a refund or drawback of, any such Federal excise tax or duty, No adjustment pursuant to paragraph (b) above will be made under this contract c.

unless the aggregate amount thereof is or may reasonably be expected to be I

over $100.

d.

As used in paragraph (b) above, the term " contract date" means the date set for the bid opening, or if this is a negotiated contract, the date of this contract. As to additional supplies or services procured by modification to this contract, the term " contract date" means the date of such modification.

Unless there does not exist any reasonable basis to sustain an exemption, the e.

Government, upon request of the Contractor, without further liability, agrees, except as otherwise provided in this contract, to furnish evidence appropriate to establish exemption from any tax which the Contractor warrants iu writing was excluded.from the contract price. In addition, the Contracting Officer j

may furnish evidence to establish exemption from any tax that may, pursuant to this clause, give rise to either an increase or decrease in the contract price. Except as otherwise provided in this contract, evidence appropriate to establish exemption from duties will be furnished only at the discretion of the Contracting Officer.

f.

The Contractor shall promptly notify the Contracting Officer of matters which will result in either an increase or decrease in the contract price, and shall take action with respect thereto as directed by the Contracting Officer.

l TERMINATICN FOR CONVENIENCE OF THE GOVERNMENT (1-8.701) 1 The performance of work under this contract say be terminated by the Government a.

in accordance with this clause in whole, or from time to time in part, whenever the Contracting Officer shall determine that such termination is in the best l

interest of the Government. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective.

I.

5.

Af ter receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Contractor shall:

(1)

Stop work under the contract on the date and to the extent specified in the Notice of Termination; (2)

Place no further orders or subcontracts for materials, services, or f acilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated; (3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; (4) Assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claima arising out of the termination of such orders and subcontracts; (5) Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent he may require, which approval or ratification shall be final for all the purposes of this clause; (6) Transfer cicle to the Government and deliver in the manner, at the times, and to the extent, if any, directed by the Contracting Officer, (1) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (ii) the completed or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Government; (7) Use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorited by the Centracting Officer, any property of the types referred to in (6) above: Proviisd, however, That the Contractor (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the condi-tions prescribed by and at a price or prices approved by the Contracting Officer: And provifed f 4rther, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or l

paid in such other manner as the Centracting Officer may direct; l

l (S) Couplete pertornance of such part of the work as shall not have been l

terminated by the Notice of Termination; and l t

[ -

n (9) Take such action as may be necessary, or as the Contracting Officer may

~

direct, for the protection and preservatton of the property related to this contract which is in the possession of the Contractor and in which the Government has or may acquire an interest.

At any time after expiration of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement Regulations (41 CyR 1-8.1), as the definition may be amended from time to time, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously dis-posed of, exclusive of items the disposition of which has been directed or autho-ized by the Contracting Officer, and may request the Government to remove such items or enter into a storage a3reement covering them.

Not later than fif teen (15) days thereafter the Gove-ament will accept

[

title to succ items and remove them or enter into a storage agreement covering the same: Prov1ded, That the list submitted shall be subject to verification by the Contracting Officer upon removal of the items or, if the items are stored, within forty-five (45) days from the date of sub-mission of the list, and any necessary adjustment to correct the list as submitted shall be made prior to final settlement.

l Af ter receipt of a Notice of Termination, the Contractor shall submit to the l

c.

Contracting Officer his termination claim, in the form and with certification prescribed by the Contracting Officer. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more exransions in writing are granted by the Contracting Officer upon request of the Contractor made in writing within such one-year period or authorized extension thereof. However, if the Contracting Officer determines that the f acts justify such action, he may receive and act upon any such termination claim at any time after such one-year period or any extension thereo f.

Upon fhilure of the Contractor to submit his termination claim within the time allowed, the Contracting Officer may, subject to any review required by the contracting agency's precedures in effect as of the date of execution of this contract, determine, on the basis of information available to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined.

d.

Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, the Contractor and the Contracting Officer may agree upon l

the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profic' on work done: Provided, That such agreed amount or amounts, exclusive of setti.unent costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor i

shall be paid the agreed amount. Nothing in paragraph ~(a) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to sgree upon the whole amount to

- 11

be paid to the Contractor by reason of the termination of verk pursuant to this clause, shall be deemed to limit, restrict, or othcewise determine or affect the anount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph (d).

e.

In the event of the failure of the Contractor and the Contracting Officer to agree as provided in paragraph (d) upon the vbole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, the Contracting Officer shall, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information available to him the amount if any due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined as follows:

l (1) For completed suppif as accepted by the Government (or sold or acquired as provided in paragrt.ph (b) (7) above) and not theretofore paid for, a sum equivalent to the aggregata price for such supplies computed in accordance with the price et prices specified in the contract, appropriately adjusted for any saving of freight or other charges; l

(2) The total of-(i) The costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies paid or to be paid for under paragraph (e) (1) hereof; (iii The cost of settling and paying c124== arising out of the termination of work under subcontracts or orders, as provided in paragraph (b)

(5) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractore or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (1) above); and (iii) A sum, as profit on (1). above, determined by the contracting officer pursuant to 1 1-8.30: of the Federal Procurement Regulatiot s (41 C7R 1-8.303), in effect as of the date of execution of this contract, to be fair and reasonable: Pretrdad, hctJever, That if it appears that

~

the contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (iii) and an appropride adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and (3) The reasonable costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated oortion of the

- 15. -

i

contract and for the termination and settlement of subcontracts the reunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of property allocable to this contract.

The total sum to be paid to the Conth-tor under (1) and (2) of this paragraph (e) shall not exceed the tot.41 contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. Except for normal spoilage, and except to the extent that the Government shall have otherwise expressly assumed tne risk of loss, there shall be excluded from the amounts payable to the Contractor as provided in (a) (1) and (2) (i)' above, the fair value, as determined by the Contracting Officer, of property which is destroyed, lost, stolen, or damaged so as to become undeliverable to the Government, or to a buyer pursuant to paragraph (b) (7).

f.

Costs claimed, agreed to, or detarmined pursuant to paragraphs (c), (d), and (e) of this clause shall be in accordance with the applicable contract cost principles and procedurea in Part 1-15 of the Fede%1 Procurement Regulations (41 CFR l-15) in effect on the date of this contract.

g.

The Contractor shall have f.he right to appeal, under the clause of this contract entitled " Disputes," from any determination made by the Contracting Officer under paragraph (c) or (e) above, except that, if the Contractor has failed to submit his cir.ia within the time provided in paragraph (c) above and has failed to request extension of such time, he shall have no such right of appeal. In any case where the Contracting Officer hss made a determination of l

the amount due under paragraph (c) or (e) above, the Government shall pay to I

the Contractor the following:

(1) if there is no right of appeal hereunder or if no timely appeal has be*.n taken, the amount so determined by the Contracting Officer; or (2) if an appeal has been takan, the amount finally determined on such appeal.

h.

In arriving at the amount due the Contractor under this clause there shall be deducted (1) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (2) any claim which the Government may have against the Contractor in connection with this contract; and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor or sold, pursuant to the. provisions of this clause, and not otherwise recovered by or credited to the Government.

1.

If the termination hereunder be partial, prior to the settlement of the termi-nated portion of this contract, the Contractor may file with the Contracting Officer a request in. writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the (the portien not terminated by the Notice of Termination), and such contract equitable adjustment as may be agreed upon shall be made in such price or prices.

J.

The Government may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the terminated portion of this contract whenever in the opinion of the Contracting Officer the aggregate of such payuents shall be within the amount to which th: Contractor will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor to the Government upon demand, together with interest computed at the rate of 6 percent per annum for the i

period from the data such excess payment is received by the Contractor to the date on which such excess is repaid to tha covernment: Providad, hauever, That r.o interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's clain by reason of retention or ather disposition of carmination inventcry until ten days af ter the date of such retention of disposition, or such later date as determined by the Contra cting Officer by reason of the circumstances.

i k.

Unless otherwise provided for in this coctract, or by applicable statute, j

the Contractor, from the effective date of termination and for a period of three years af ter final settlement under this contract, shall preserve and l

make available to the Government at all reasonable times at the office of I

the Contractor but without direct charge to the Government, all his books, records, dosaments, and other evidence bearing on the costs and expenses of the Contractor under this contract and relating to the work terminated l

hereunder, or, to the extent approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions thereof.

32.

MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM (1-1.1310.2(b)).

a.

The Contractor agrees to establish and conduct a program which will enable minority business enterprises (as defined in the clause entitled "Utill:ation of Minority Business Enterprises") to be considered fairly as subcontractors and suppliers under th,is contract. In this connection, the Contractor shall--

(1) Designate a liaison officer who will administer the Contractor's minority business enterprises program.

(2) Provide adequate and timely consideration of the potentialities of known minority business enterprises in all "make-or-buy" decisions.

i (3) Assure that known minority b winess enterprises will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations / time for the preparation of bids, quantities, specifica-tions, and delivery schedules so as to facilitate the participation of minority business enterprises.

(4) Maintain records showing (i) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minority business enterprises, (ii) awards to minority i

j busine.ss enterprises on the source list, and (iii) specific efforts to identify and award contracts to minority business enterprises.

f l

5 (a) taciude enu

. -....v a a t alnari;y againcca Encorprisca clauco in e,

subconcracts wnich offer substantial sinority business enterprises subcontracting opportunities.

(6) Cooperate with tb: Contracting Officer in any studies and surveys of the Contractor's ninority business enterprises procedures and practices that the Cantracting Officer may from ti=a to ti=a conduct.

(7) Submit periodic reports of subcontracting to known minority businese enterprises with respect to the records referred to in subparagraph (4),

above, in such form und manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe.

b.

The Contractor further agrass to insert, in any subcontract hereunder which may exceed $500.000, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors.

33.

PREFERENCE FOR U.S. FIAG AIR CARRIERS (1-1,323-2) a.

Pub. L.93-623 requires that all Federal agencies and Gover= ment contractors and subcontractors will use U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available. It further provides that the Comptroller General of the United States shall disallow any expenditure from appropriate funds for international air transportation on other than a U.S. flag air carrier in the absence of satisfactory proof of the necessity therefor.

b.

The contractor agrees to utilize U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available.

c.

In the event that the contractor selects a carrier other than a U.S. flag.

air carrier for international air transportation; he will include a certifica-tion on vouchers involving such transportation which is essentially as follows:

CERTIFICATION OF UNAVAILABILITY OF U.S. FLAG AIR CARRIERS I hereby certify that transportation service for personnel (and their personal effects) or property by certificated air carrier was unavailable for the following reasons:

(state reasons) 34 NOTICE TO THE GOVERNMENT OF LA3OR DISPT.1TES (1-7.203-3) a.

Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this

See Federal Procurement Regulations (*1 CTR 1-1.323-3) or section 1-336.2 of the Armed Services Procurement Regulations, as applicable.

e.

contrect, ths Contractor chall 1:mmedir.tcly giva notice. thereof, including all relevant informatiton'with respect thereto, to the contracting Officer.

b.

The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispute may delay the time!v performance of this contract; except that each such subcontract shar. prodde that in the event its timely performance is delayed or threatened t1 delay oy an actual or potential labor dispute, the subcen-tractor shall i usediately notify his next higher tier subcontractor, or the Prime Contracto 1, as the case may be, of all relevant information with respect to such disputes.

35.

PERMITS (9-7.5006-48)

Except as otherwise directed by the Contracting Officer, the contractor shall procure all necessary permits or licenses and abide by all applicable laws, regulations, and ordinances of the United States and of the State, territory, and political subdivision in which the work under this contract is performed.

36.

RENEGOTIATION (9-7.5004-20)

If this contract is subject to the Renegotiation Act of 1951, as amended, the following provisions shall apply:

a.

This contract is subject to the Renegotiation Act of 1951 (50 U.S.C.

l App. 1211, et, seq.), as amended, and to any subsequent act of Congress j

providing for the r2 negotiation of contracts. Nothing contained in this clause shall impose any renegotiation obligation with respect to this contract or any subcontract hereunder which is not imposed by an act of J'

Congress heretofore or hereafter enacted. Subject to th, foregoing, this contu t shall be deemed, to contain all the provisions requi2ted by section 104 of the Renegotiation Act of 1951, and by'any such other act, without l

subsequent contract amendment specifically incorporating such provisions.

b.

The centra'ctor agrees to' insert the provisions of this clause, including this paragraph (b), in, all subcontracts, as that term is defined in section 103 g. of the Renegotiation Act of 1951, as==aded.

37.

PATENT INDEMNITY (9-9.5009(c))

i The Contractor agrees to indemnify the Government, its officers agents, servants, and employees against liability of any kind (including costs and expenses

~

incurred) for the use of any invention or discovery and for the infringement of any Letters Patent (not including liability, arising pursuant to Section 183, I

Title 35, (1952) U.S. Code, prior to the issuance of Letters Patent) occurring in the performance of this contract or arising by reason of the use of disposal by or for the account of the Government of items manufactured or suoplied under this i

contract.

19 -

l y,-w->

egg.i--ye-up

-p m-ge-ep y

ge,e-9y-u w

w-

---sp-er.-gw-w---y w

yd w

e w

a

-w..

..-y

. ww-=

r*-.ma*

m

'=---

33.

REPORTING OF ROYA:. TIES (9-9.5011)

If this contract is in an a:nount which exceeds $10,000 and if any royal:y pay =en:s are directly i=volved in the contract or are reflected in the contract price to the Gover=nent, the Contractor agrees to report in writing to the Co=nission (paten: Counsel, Office of the Executive Legal Director) during the performance of this con:ract and prior to its completion or final settlement the amount of any royalties or other payments paid or to be paid by it directly to others in connection with the performance of this contract together with the names and addresses of licensors to whom such payments are nade and either the paten numbers involved or such other infernatien as vill per=1: identification of the patents or other basis on which the royalties are to be paid. The approval of the Cenmaission of any individual payments or royalties shall not estop the Government at any time from contesting the enforceability, validity or scope of, or title, to, any patent under which a royalty or payments are nade.

39.

NOTICE REGARDING I. ATE DEI.I7IRY (1-7.204-4)

In :he event the Con:: actor encounters difficul:7 in nesting perfernance require =ents, or anticipates difficul:7 in complying with the contract delivery schedule or data, the Centractor shall immediately notify the Con:: acting Officer thereof in vri:ing, giving pertinent details, including the data by shich it expects to complete perfor=ance or make delivery:.hidad, 7:cuever, Sat this data shall be infernational only in character and that receipt thereof shall not be construed as a vaiver by :he Gover: ment of any contract delivery schedula or date, or any rights or remedies provided by law or under this contract, i

l t

l O i l

E

40.

STOP WORK ORCtR (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of ninety (90) days after the order is delivered to thc Contractor, and for any further period at which the parties may agree. Any such order shall be specifically identified as a Stop Work Order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable' steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work 4

stoppage. Within a period of ninety (90) days after a stop work order is delivered to the Contractor, or within any extensfon of that period to which the parties shall have agreed, the Contracting Officer shall either:

(i) cancel the stop work ceder, or (ii) terminate the work covered by such order as provided in the ' Default" or the " Termination for Convenience" clause of this contract.

(b)

If a stop work order issued under this clause is cancelled or the period o' the order or any extension thereof expires, the Contractor shall ress

<ork.

An equitible adjustment shall be made in tho delivery sr. Jule or contrac t price, or both, and the contract shall be modified in writing accordi gly, if:

(i) the stop wo k order results in an increase in the time required fer, or in the Contractor's ccst properly allocable to, the performance of any pt.rt of this contract, and (ii) the Contractor asserts a claim for such adjustment within thirty (30) days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this contract.

(c)

If a stop work order is not canceled and the work covered by such order is terminated for the convenience of the Government, the reasonable costs resulting from the stop work order shall' be allowed in arriving at the termination sett. ament.

l (d)

If a stop work ordqr is not canceled and the work covered by i

such order is terminated for default, the reasonable costs resulting from the stop work-order shall be allowed by equitable adjustment or otherwise.

21

.e 4

.--.m

.~

i al.

iUBLICATICT4

,_..LITY Unless otherwise specified in this contract, the contractor is encouraged to publish and make availanle through accepted channels the results of its work under this centract. The Contractor shall submit a copy of each article or other information to the Project Offi:er prior to publication or dissemination for puolic use.

If the article or cther information is subsequently modified or altered in any manner, t'.e Contractor shall promptly notify the Project Officer and furnish 'ir.her a copy of the article or other information as finally submittec.~or publication or dissemination.

The Contractor shall acknowl' edge the support of the U. S. Nuclear Regulatory Commi.sfon whenever publicizing the work under this contract in any media. To affectuate the foregoing, the Contractor shall include in any publication esulting from work performed under this contract an acknowledgement substantially as follows:

"The work upon which this publication is based was performed pursuant to Contract (insert number) with the (insert name of constituent agency), U. S. Nuclear Regulatory Commission."

Either Clause No. 42, entitled " Dissemination of Contract Information" or Clause No. 41 is for application but not botn.

In tne aDsence of a clear delineaticq, Clause No. 41 applies.

42.

DISSEMINATION OF CONTRACT INFORMATION The Contractor shall not publish, permit to be published, or distribute for public consumotion, any information, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, without tne prior written consent of the Contracting Officer.

(Two copies of any material proposed to be published or distributed shall be subnitted to the Contracting Officer.) Failure to comply with this clause shall be grounds for termination of this contract.

I I

l

\\

I c2 i

l l

43.

'40RK 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 wnien may give rise to an actual or apparent conflict of interest witn respect to the work being performed under this contract.

The contractor shall insure that all employees designated as key personnel if any, under this contract abide by the provisions of this clause.

If the contractor believes with respect to itself or any such emoloyee that any proposed cLasultant or other contractual l

arrangement with any firm or organization may involve a possible conflict l

of interest, the contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.

l l

{

a i

l l

1 l

l 23 l

..a

..e

......... J r J' 8..' 9 3 8 er 44, 1*ou %

. :s a a r-e..us ur :: n ment

- h :r' + : 4 7 : n e *:t a:sen ::= tea;owet c:ause u

rescr: bed by I t-1.:n-r:

itin 2e ' a rin:r u..: tar t:r.'s en: es

- U22 M52 ' ;3 28 it =a 01spusee

3 gi g,;=;33.;3. 4 ;,2,;

as i:J:ws:

(al 2:s ecstract is skatect to tte Cen:rset

ar fy :t.:e Ea.= :s = ace.a pod O!scutes Aet of:2 3 f4 U.S.c. x2 ec sea.]. :f fa.:.:. =at =e sa:: rura cata are ac:uste a:: nwe : ce :sst :! cy cowiecte a caavute arties retat:eg to the centract. to ar::eJd a-mat de an:ual ree.ested contrze:critay sutett a :sim to de Cantrec:Ing Cfr. er wno shell tseue a written a:: rus;y -:::ecs me unract assassent f r watca =e ::nt a ::t :eusves me cecsaan en t3e essoute in the manner specSed in FPR :-1.223, Cove.=ent :s, iade.

(b) -C'.aua*.nesas IC:f::acter s.Namel ftr et

"'d

)Sa Covern=ent nr.42 pay 2e -

2

nvac: r=terest

(:) For payment of money, adtustment of it) Cs =e ascent icued due es clause

- "'8**8E*"*'d sa': 2:tes =:er ::s caase (3) Whaca is in discute or remains

, : A =e rates r.ses :y =e se=stary cf S:Treesery, a= car us.te esc :::a Ac:.

enreactved after a ressanante etes :or its rev ew and *sposataan by the Government p,,, :, ;;,, :

':1 F ::n =e ca:e the C4= tract:4 Cmcar (44 For which a Controcung Cmcar's re:eives 2e E4.=. asui =e Gover==ent deciseen is demanded.

(el Oe e=s:cs :f te C n: act.3 CScer siaJ be r. sal ana ::n:iusive aria not su21ect te : vew :y any f:r;rn. :-h=al. :r Ccver==ent a:;s :7 a-Jess as 4:;est or c en is t=say ~-

.:e4 wunas to times s:scr.ec by =e 0 :::::t 7.:sputes Act of 2375.", ne 02:=se:r shad :re: sed c.::vently m:;e-f:r :ance of t:s=== c:.;encu4

'L 21 resc:anca cf any ecuert for stiel

.at=, a;; al r acues rn;ated :o de c:::: tac:. and ec=:sy m:3 any :ecaten of de

/ *==a :: c2 car.

s 45.

UTILIZATION OF WOMEN-OWNED SUSINESS CONCERNS (Over $10,000)

(a) It is the policy of the United States Government that women-owned businesses shall have the maximum practicable opportunity to participate in the performance of contracts awarded by any Federal agency.

(b) The Contractor agrees to use his best efforts to carry out this

~

policy in the award of subcontracts to the fullest extent consistent with the efficient per.formance of this contract.

As used in this contract, a " woman-owned business" concern means a business that is at ! east 31% owned by a woman or women who also control and operate it. " Control" in this context means exercising the power to

- make policy decisions.

" Operate" In this context means being actively involved in the day-to-day management. " Women" mean all women' business owners.

~

(End of C ause) 24 I -.

O I

1 UTILI.~.ATiON.CF SMALL SCSINESS CONCERNS AND SMALL SUSINES!

ONCERNS C"iNED AND CONTFf ' LED SY SCCIALLY AND ECCNCMICALLY OIS.\\CVANTAGEO INCIVIDUALS 46 (a) i: is :he policy of the United States :ha: small business concerns ard small business concerns owned and centrolled by socially and economically disadvantaged individuals shall have the maximum practicable oppertunity to participate in the performance of centracts le by any Federal agency.

(b)

The centractor hereby agrees to carry cut this policy in the awarding of subcentracts to the fullest extent censistent with the efficient perfcrmance of :his centract.

The centractor further agrees to cecperate in any studies or surveys as may be conducted by the Small Business Administration or the centracting agency which

~~

may be necessary to determine the extent of the centrac cr's compliance with this clause.

(c)

(1) As used in this centract, the term "small business cencern" shall mean a small business as defined pursuant to sec: ion 3 of the Small Business Act and relevant regulations promulgated pursuan: thereto.

(2) The term "sma!! business concern owned and centr:Iled by socia!!y and economically disadvan aged individuals" shall mean a small business concern-(i) which is a: leas 31 per centum owned by cne er mere socially and economica!!y disadvantaged individuals; er in the case of any publicly cwned business, a: leas: 31 per centum of the s ock of which is cwned by one or mere socially and ecenemica!!y disadvantaged individuals; and i

(ii) whose management and daily business cperations are-con: clled by one ce more of such individuals..

l The centrac:ce shall presume that. socially and i

economically disadvantaged incividua!s include Black Americans, Hispanic Americans, Native Americans, Asian :acific Americans, and other minorities, or any other individual found to be disadvar:: aged by the Small Business Adminis:ra:icn pursuant to section S(a) of the Small Business Act.

(d)

Centrac:crs ac:ing in good fai:h may rely en E ri::en represen:ations by their subcontrac:ces regarding their s:stus as a small business concern er a small business concern owned and I

c:n:ro!!ed by socia!!y and ecenemica!Iy disadvan: aged individuals.

I (End of Cause) i 25 10

.

ML20003A978

Text

Navigation menu

Search