ML20003J300
| ML20003J300 | |
| Person / Time | |
|---|---|
| Issue date: | 04/28/1981 |
| From: | Lebo C NRC OFFICE OF ADMINISTRATION (ADM), QUALITY INN SOUTH |
| To: | |
| Shared Package | |
| ML20003J299 | List: |
| References | |
| CON-NRC-05-81-250, CON-NRC-5-81-250 NUDOCS 8105110221 | |
| Download: ML20003J300 (46) | |
Text
a RM 26, JULY ICo$
PAGE or STAND 4AD FO.Cis Ao==sinx.noN AWARD / CONTRACT l
i GeenaAt suv i
no.noC. n2. idiCni i.i.ioi I. CONTRACT (P,.r. J.sA ide.t.) NO.
- 2. EPPECTivt DATE
- 3. RtQutstTION/PURCMAst SEQUtsT/ PROJECT NO.
- 4. CitnFitD Pot NATIONAL DEFENst UNDit SOsA NRC-05-81-250 5/1/81 RFPA 01E-81-250 UiNG
- s. ISSUED tv CODE
- 6. ADm HSTieto sv CODE l
- 1. Deuviev (if. sher she. 64.r4 s)
Pot ctsTI-U.S. NUCLEAR REGULATORY COMMISSION Q NanoN Division of Contracts o,,,,,,,
Washington, DC 20555 6,<
- s. CONTRACTOR CODE l l
FAClldTY CODE l l 9. DISCOUNT Pot PROMPT PAYstNT NAME AND ADDRESS QUALITY INN SOUTH ts-n. un.
I-75 and Ringgold Road
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i).0. Box 8459 Not Applicable Chattanooga, TN 37411 io. sue r iNvoiCis u up,,,
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.p-gae To Aoonss snowN iN noCx i t. SHIP TO/ MARK FOR CODE {
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- 12. PAYMENT Witt SE MADE BY CODEj U.S. Nuclear Regulatory Commission Office of the Controller, GOV /COM Accounts Sectic n Washington, DC 20555
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NtGonAfto. Puen..uf ro, C 4 e u.s.C. 232 (cn )
- 84. ACCOUNnNG AND APPeonianoN DATA B&R No.
Appropriation No.
Amount 30-20-23-03 31X0200.301
$80,000.00 l is I
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tit m NO l syPruts/stavicts Q UA NTITY s 467 UNIT PflCE Amount i
The Government hereby accepts the bid Quality J
Inn South submitted in response to IFB No.
l RS-01E-81-250 dated April 8,1981. Therefore, I
add the following Article X:
Article X - Co' tract Ceilino n
The ceiling price of this contract is 580,000.00. The contractor agrees that the l
work to be performed under the contract shall l-be accomplished within the ceiling price.
l Unless and until the contracting officer shall have notified the contractor in i
writing that the ceiling price has been increased and shall have specified the extent of the increase, any cost incurred in excess I
of the ceiling price shall be borne by the con; tractor.
2'-
ToiAt AMOUNT oF CoNTnACT 5 80,000.00 CONTRACTING OFFICER WILL CO.M?LETE BLOCK 22 OR 26 AS APPLICABLE 2s E Awano (C trar.e n..e res.md s. us thu d-..r.o.)
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- 12. Q CONTRACion s NEGonATED AG.tttutNT (C..orea.r n res.md o. ut.
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- 24. NAmt AND TITLE or s4GNf t (Type er pre.t A
- 23. DATE sIGNt0
- 28. NAmt or CONTRACTING oPPiCte ( Type.c pr,*ff 29 Daft SIGNED Craig D. Lebo 26 104 v.s. C;v CRwtNT P. INT ING 088tCE: 1975 0C0 984 8105110 M
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a'act SOLICITATION, OFFER AND AWARD aara 1 CCNTaACT (# rot met asurer # feo 1 sOUCITaTIC*e NQ s DaTEis5uEo s A(QuesaTiGewPbaCs.a&E e4Gu(5t NQ IFS RS-0IE-81-250 G aoensso r =
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. n U.S. NUCLEAR REGULATORY CCMMISSION Division of Contracts Washington, D.C.
20555 m.e re,ue aroc.,r.m.nu arv ane.ars o. e n b. con.m., e so on n.e ane u,
SOUCITATION
- g. Ses ed off ers in 4 Or19inda s i g nt!G coo.es for turn.shing the supphes or senrices in the Scheduee weal be received at itse peace specif.ao n ba re 8. or s
a s aandcarrad.,a che depos,co,v iocated,nPn. 286. 7915 Eastern Ave.
2:00 a.m.
un,,,
iocai r,n, a/13/81 Silver Spring, MD 20910 mou,i roares if the is an adverissed schcitation, offers wisi Le punanctv opened as that time.
CAUTION - L A TE 0 *FERS: See oars. 7 and 8 st Sahestation Instructiona and Condsrions.
An off ers are suniect to the fonowing:
- 1. Th2 Sohcitation instructions and Conditions. SF 33.A. JdOUSIY 197$
- 3. Die Schedule iricluded hereen and/or attacned hereto.
editen whch.s attached or encorporared herein by reference.
- 4. Such other provis.ons. representations. certificat.ons. and scecif<ations
- 2. ThJ General Provtsens. SF 32, asition, which es as are attached or encorporated herein by reference.
attached or encorporsted heresn kv reference.
(A ttachments are hsted on scheduoe.)
FOR INFOR6fA T10N CALL (Name & triechone no.) (No collect carts) >
My, M3pQ y, F]ynn, 3Q)l427 442Q SCHEDtJLE y,$ 7
'o ittu wo n suppetsstawCas 2 cuaNiity
- i. t.,Nir me.ca sawCcNT SEE PART III 0F THIS SCLICITATION PACKAGE s
a.~,..r or,e
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CFFER tcages 2 and 3 must also ce tutty comotered ny csterces in cornphavs with the 4 Dove. the underlag.ied agrees. if this offer is accepted within calendar cays #60 CJ#endar davs eteless a osflerent pened,8 deserfed Oy the offefor) frCm the date for reCetor of off ers sCeCafied above. to furnish ar'y of est every's upon an*C*i Or<es are Cf fered at 19e OrtCe set oCoCs te eacM
. rem.oehvored at the des.gnated oo.nt(st witnin the tirne soecif.ed in the schecule
's OisCOumt 8Ca.eCw87 8a'wE%7 se. s.*
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- 0 * 'o cau caa ca's 0 % 2o cau~caa :a's-Os 3e cau.oaa cars 0 -
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's sawa 480 T AE ca etas0% %t ca.213 ec s on cesta
. r,s. or or.nas Naut aho Ray C. Marlin sce:tss Quality Inn South N *s%.
I-75 & Ringgold Road, PO Box 8459 Executive Vice President i
Chattanooga, TN 37411
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4/8/81 AwARO t To ce camcsered ny 3cvernments 2i AC018?t3 as 'O s'tws %wegag:
22 aasCUNT 23 a0 OL4T NG ANC ap** Coa.a r CN :a *a 2s s Suif.NvciCts n. coo 4s.+ess a
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. r, U.S. NUCLEAR REGULATORY COMMISSION Office of the Centro 11er, GOV /CCM Accounts Sec Washington, D.C.
20555 25 %^ws :s ;;s nac? No :ps ela. r,=. c r.m
- 29. UNITED STATES CF AMERICA 30 **aa: :a!E e
BY Crsh 3. Letc f s guture or ecorrw.ng n een s r= 2e y a. yy.. - v.<.
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33-131 3: 's e' W.37; y
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RS-0IE-81-250,
a REPRESENTATIONS. CERTIFICATIONS AND ACKWCWLEDGdENTS RE'?R ESENTATl0N5 :Cneck ur :omo,ere att septicaole comes or diccks i The offeror represents as part of his offer :nat:
1, SMALL BUSlNESS ISee par ?J on SF 33-A >
He C is,D.s not. a smail business concern. If offeror s a small business concern anc is no!:ne manufacture of tre suppnes offered, na also represents tnat til supphes to be furnisned hereuncer 2 witt, C will not, Ce r9anuf4Clure'ec or precucto by a smail busiress c0nCern
,n tne United Statet..s possessions, or Puerto Rico.
2.
MINORITY BUSINESS ENTERPRISE He 2 is Dis not, a minority butness enterprise A minority business entercrise is cefined as a " business, at : east 50 percent of.vnich
.5 owned oy minority group members or,in case of pubbcly owned businesses, at ' east 51 percer: of me stocx of unicn 1s o*rea ov m ccrity gro.o memoers." For the purpose of this definition, minority group memoers are Negroes, Spanisn oeaning Amer can perscns, o
American-Ohentais, Ar9ericanancians, Amer:can Eskimos, and American Aleuts.
3.
REGUL AR OEALER - MANUF At'TURER IAcoticacte aniy to saaoty contracts exceec:eg S10 000, He.s a IXtegular desier in 2 manufacturer of. :ne sucones of *ered.
4.
CONTINGENT FEE (See oar.15 on SF 33 A.i ial He Z nas.X3 nas not, empioved or reta.ned any company or persons torw man a fui! r;me cona fAe emo/ovea worong soie,y for the o//eror) to sohcit or secure :his contract, and (b6 he C has. Mas not, pa:d or agreed to pay any company or person corner tnan a /.,il.
time cena /sce emotoyce,voreing soielv for the o//eror) any fee, commission, percentage, or oronerage fee cent:rgeat upon r resulting from tre award of :nis contract. and agrees to furnisn information relating to (a) anc ;b) above, as rewested oy :ne ';ontrac:ing Officer. //nrerare-ration at it~e representation. inctucing the term **tcna tsce emotover "see Coce of Feceral Regwaticns. T:ete a t, Sa:aart *-15..
5.
TYPE OF BUSINESS ORGANIZATION ae ocerates as 2 an 'naividua6. Z a partre snia, Z a nonprofit crganizaticn,Ha corocrat'cr, ncorcora:ew cMer 'ae 'aws of :ne State of Tennessee G.
AFFILI ATION AND IDENTIFYING DATA /Acc/icao/e on/v to da<emsed solicitations /
Each of fercr snali coraciete (al and (b) if a chesole, anc ici beiow:
lal MeDs,is 9ot owred or controlled Dy a parent company. (See par.16 On SF 33-A,
(bl !! tr e offerer is owned cr Controlled by a parent Company, he shall enter in :ne c4CCns be!cw :ne name and a*ain office accress of
- ha parent company:
Osborne Building Corporation woe :r.. as? - wee..
e.o v.4 croca Ecaess S-600, Osborne office Center wo z a :=..
P O Box 8459 Chattanoona. TN 37411
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..-s~ r cown s s s i so 62-0314999 h.
EQUAL OPPORTUNITY tal He U has. E nas not, particioated in a previous contract or subcentract subjec: eitner :o tne Ecusi Cpoortunity clause erein er tha clause or.ginanv containec in section 301 of Executive Ort,er No.10925, or :Me ::ause contained in See: ion 201 of E=ecutive Creer No 11114. tnat neXI nas. C has not, filed all recuired compliance reports, anc tnat recresentations ircicating submissien of recuired cor-coacce reDCris, s.gned by proposed suCContraC: Ors,. vill be cDtained gesor to subcontract awards. (Tne aseve reoresentation need not be seemitted in Connect:on witn contracts cr subcontra*ts wnsen are exempt frc'T1 the eoual oDoortunity clause )
(b) The bidcer 'or oiferor) rtoresents tnat (1) he U has developed and nas on file, C nas not develooed and does act " ave on file, at each estaolishment affirmative action programs as recuired by the rules and regulations of the Secretary of Labor 141 CFR 60-1 and 50 2) or (2) he C has not previously had contracts subject to the written affirmative aClion DrCgrams reouirement of the rules and regulat;ons of t*e Secretarv of Laoor IThe acove reoresentation shall ce compiered cv eacn caccer for at/eror>.vnose bid toffer) is S50 000 or mcrc anc wo nas 50 or more tracto vees.1 CERTIFl CAT lCrJS Checx or comotere ait acciscacte tc.es y c:oces; 1.
BlJY AMERICAN CERTIFICATE The offerer certif.es as cart of nis offer, -hat: eacn end crocuct, execct the end products listed beiow. is a correstic end crocuc: ias cef:nes in !ne clause entit:ed " Buy American Act"), and trar components of un=nown origin nave been consicered :o nase been minec. preauceo. or raanuf3C:urtd outs.de :*e United States.
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P00R ORIGINAL
RS-01E-Bi-250,
2 CLEAN Ain AND t*'ATER ikohcaco if :n2 arts or offer escrees STCO.CCC.or t.~2 contracting othcer ms ceterrvec : car cr:ers uncer ar. oncetonite :uantity contrac: on any year nW escoec 5100.000 cr a facdoty to be usec r.as teen :ne s :,ect Of a :onect.On uncer :ne C'enn Air.act f.12 U.S.C 1357c-ale)(TH cr :ne Fe:rni Wa:er Pcaut:Cn C:ntr01 Ac:123 U 5 C 1219 ten anc a us:ec :s ??A.
ce as not otnerwise esen*ct.)
The Ciccer Cr OfferQr certif.e5 as fodcas:
Any 'aChty to te utda2ed in :ne perf rmance of Inis prQDO$ed con:ract C F31.Das act, Ocea b5:ec On ae Env.rcer eatai (at O
PrClect On AgePCV List Of %Cldting Fac:ht.es.
Ibl He *dl pr0mptly MCtify Ine COntraCLog Off'Cer, priCr !Q award Of *ne re:tigt Cf any C0mr"unscation 8 rom :Pe O.'et:Or, Off;;e Of Eederal AC*;ct;es Enwsroemental P'OteC' Cn Age"C'r, and.Cating t*at any f40:hty WniCn he ;rOPC5e5 to use for **e ;erf0raaaace Of !?e Contract is uncer Cons.cerataCn to be W5:ed on tre EPA 05t Of Woiatarsg Facht es.
(C) He Wdi include suOstant: ally inis Oe'tif> Cat.cm, :nCAc:ng in>5 paragracn ic), in every eCrienem0t wtCOntract.
3.
CERTIFICATICN OF INDEPENCENT PRICE DETERMIN ATION /See car. IS On 57 JJ.A1 fat By suomiss.Cn of %$ Of'er. :Pe offeror :ert.f es. arc :n :ne :ase Of a ;oint Off.r. eac carty :ne'e:0 :e i.f es a5 TO :s Oan Or;4n42abon, taat c 00r'neCLCn witn Mis ;r0C, rea. eat; (1) The prices,n *a l Offer
- ave Oeen arrivec at mce:eace*!*!y, mitPCut 00P54 tat:Cn. 00'""u sC4! ;ra Or agree ea.! f 0r tre n
pu pose Cf 'es*ricttr*g C0mpet't Cn 35 !O any r*atter relat.BS !O suCn pr'Ces with anv Otrer Offer 0r Or witn any C0r pet. Or.
r
- 12) Uniets OtNermise re':uitec Oy *aw, Se OrrCes *NCn " ave been Cucted.3 !"is Cff e' " ave t'C Cten dC*iagiy $50'0540 Oy !?e Offero.' 390 ad! PCI knC*ingly Of ce5005ed Cy tre offer 0r pr:or 0 cceniPG *n Pe Case Of an adveftisec pr0 cure *=en: Or ;r:0r t0 amarrt in :re Case Of a t'eg0ta:ec pr0Curemeet, direC:!y Or ir*Ca'e;;;y to any Otae* Cffe'Or Or !O any C0mCettOr. APC (3) No ape-ot nas :een mace Or adi te mace.0y tne offer 0r !O me: Ce any 0:ner ;erson er.rm :0 m:m.t Or : :O wem t an 8
Offer fOr t"at OurDC5e cf re!!rtCLng C0mDebt.Cn.
( s EaCn :erson s;grurg :nis offer Cert.f es :nat.
til *4e $ ine Oer$0n 6n *ne Cf'e'Or'5 Organe23L0n respons.Ste wita.n *aat Organi24 tic 6 for !Pe cecs.On a5 !O.ne gt:Ces *e rg Offtfee nere:n are : rat ne nas n0t = art.C-cated. anc ud! rC: OartC.ca:e. in any actCn Contrary :0 taHU :nrougn f aH3L 20Cie. Or (2) h) "e !$ nCt **e Oer50n n t*e Offe'Or'5 Organi24t Cn re5DCFLO,e **!*.in *"a* Organ 424! On fOr -*e OeC 1.CN a5 *O :*e 01t025 ce ag Offerec erein Out inat ne ras Oeen au:nCr:2ec in ariLng :O act al-agen: 'Cr : e ce'50rs rescCn51: e fCr suCn Oecs.On :n ce'L*r g mat e
- s.cn :er50ns a.e act ; art C:: ate anc aia -C: =artC.cate, m any act ce :Ontrarv :O 'asil er0ugn f aH3) aoCve. aac a5 :reer ageat 00e5 trife0y 50 Ce** f C arc Gd ne nal ".C* Oar *.C::atec. AnC Nat PC: OarLOOate,in any ac*.On 00rtrary !O ladi) :nr0 ugh (aH3} a0Cve.
4 CERTFCATCN CF NCNSEGPE3A~C FAC;UTES ikohCwe :o in :0~:rsc:s. @ weccatra: s. a-c 121 agrer~e-:s at:n 3:chcants uno are enemselves x-formng feceraat ass.s:ec :Ons:r c::cn contrac:s. escung Sta :C0 ance are 0: ese~ t tr0m :?e
- rovis>0ns of :re E ual C::Cr* urn:t C.'ause i 3v *"e Su0m455.Cn Of !NS Drc, tne bsCder, C"e'Or, 3 ChCant. Or su: Contra:!Or cert f e5 **a "e OCes "Cf *a F! arf' Or Or0v0e 'Cr als e:Dicvees any segre;&ted faC. fit es at aav Cf nit estaOlisnmedits, and !"at "e 00e5 AC! Der?"'t %5 e":O*Cveet O ;erf0rm *Pe.r servCes at 3Py ncer a s 00Ftt01, are'e Segregated f 4Cutres are maieta.nec. We Ce'Lf.es fsr!.*.e* t*at he adi *CI maintain Of OrOcce 'Or n 5 e"O*CF*
lCCaLCr'. u s
ee5 any Segregated f 4C.ht el a: any Of nel es:4CLL9ments, ar'.C !*iat he *'il."Cf Germit not emDicyees :D perf0rm ne r services at 4", C0at on, uPCef rS$ Control, Anere segregated f acht e5 are ma.ntaifed. The OiCOer, Offeror,400bCant, Or suCC0f' tract 0r aq'ees that a OreaCn Of 13 5 *e'-
Of4 Cat:Cn 5 a e:Ciat.Cn Of :Pt E0ual CCCortunity cause in Inst Cont?act. As w5ed.n Inst Oe't:f. Cat Cn. the term Tegregatec fac:h! e5" tans any wait:rg FCCms.
- Crit areas, rest rCCms anc wasn rCCr"$, restawrar'is and Otne* eat.rg areas, tr"e CCCx5, :CCheComs arc 0:Pe*1 Orage Or crets ng areas, Dark.ng ICts. Orir4Pg fountains, recreat on Or en!ertam feat areal, traF5DCrtat:Cn, and " Cut.rg '4?hties pr0cce fr 0
e."Decyees wmCn are segregatec by ex04.ct direCLve Or are in fae: segregated On !"e Oasis Of race. *010r, 'eeg;cn Or rat Caa: cr gm. te:ause Cf haDit, ICCat Cui:Cm, Or cineraise. He furtPer ag'ees tPA: {exce:t
- Pere *e nas 00! aired ictat. Cal Ce'Lf: Cat Cal from ;r0CClec SubCOntraC* ors fCr 50eCfic tme Oef>CC1) he ad! OCtain. Cent. Cal Ce'tif 6CatiCP5 from prCDC5ed Su: Contract 0rs Or:Cr IC
- e a*ar Of woCOntracts exceecing 510.000,.mCn are nCt exe";t from tre procseons of t e E0uai C;cortum:y C*ause: *nat re aat re:a.n svCn CerL icat.Cns m ms fdes: arc inat Pe aul f0rwarc :re 'oriCwerg eCLee t0 5.cn ;r0oCled woc ntraC*cr5 f
lence:t a ere tre OrO Csec a
SueCOntract0rs nave s cm tted. cent;Cai certf> Cat:Cn1 f 0r 5:ecf;C Dme per:CCs):
Notice !O prospectne sueContractors of require nent for Ce tifications of nomegregated facilities.
A Certif. Cat.cn of Nonsegregated Facht es must ce suCmittec criCr :O tre saarc of a SueC0atraC: e:Cee :n; S10,0CC amC-5 6C:
uemet frCm the prev 5tCr 5 Of :Se E0ual C;ccrtunity cause. TPe certif> Cat.cn rnay be su mittec eitae fCr taCn wc:Octrae: Or'Orai sucCcntracts curing a periCQ ti.e. cuarterty. Sem. annually. Or anevastyL NCTE ine :enatti for reseing faise offe's is prescr::ec - !!
US C 1001.
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- vI ACKNCWLEDGMENT OF AMENCMENTS
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no CfferCr acarCwecqes rece.ct at a eno.
None 1
monts to the SCs.c a Cn 'er tr'ers atc watec OCCurnents ruceerec anc Cated as fCa ws-
- G ?E Cr?ers mus: ser 10r:~ fuW at: 'as ax ::nete arr0r~ancn as 's,
- :v :ms 5:Lc.:ation
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for maw; taise s: ate.~en:s.n Of'ers.s :resscec s 18US: 1C0?
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P00.10.1IGINil
RS-0!E-81-250
-g-PART I Representations, Certifications, and Acknowledgments - Continued SF-33 (Page 3) 5.
WCMAN-CWNED BUSINESS Concern is 6 is not 8 a wcman-owned business. The business is publicly owned, a joint stock association, or a business trust / / yes / / no. The business is 6 certified 6 not certified.
~
A wcman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a womar. or women. Controlled is defined as exercising the pcwer to make policy decisions. Ocerated is defined as actively involved in the day-to-day management.
For the purposes of this cefinition, businesses which are publicly oved, joint stock associations, and business trusts are exempted. Exemoted businesses may voluntarily represent that they are, or are not, xman-owned if this infomation is available.
6.
PERCENT OF FOREIGN CONTENT The offeror / contractor will reprasent (as an estimate), innediately after the award of a centract, the percent of the foreign content of the item or service being procred expressed as a percent of the centract award price (accuracy witMn plus or minus 5 percent is acceptable).
7.
NON-DISCRIMINATION SECAUSE OF AGE CERTIFICATION (1-12.1001)
The offerer hereby certifies as follows:
6 (a)
In the perfomance of Federal contracts, he and his subc:ntractors shall not in connection with the employment, advancement, or discharge of employees or in connection with the tems, conditions, or privileges of their emcloyment, discriminate against persens because of their age except upon the basis of a bcna fide occupa-tional retirement plan, or statutory recuirement, and 6 (b) That contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements fer emcloyees to work on Government contracts, a maximum age limit for suen employment unless the specified maximum age limit is based on a bona fide occupational qualification, retiremen: plan, or statutory requirement.
8.
CERTIFICATICN OF RECOVERED FATERIALS (1-1.2504(b))
The offeror / contractor certifies that recovered materials will be used as required by scecifications referenced in the solicitation / contract.
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RS-08E-81-250
- 9.
CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST I represent to the best of my knowledge and belief that:
The award to Quality Inn South of a coa.tfact or. the modification of an existing contra:;t does / / or ooes not Lg involve situations or relationships of the type set forth in 41 CFR paragraph
{
20-1.5403(b)(1 ).
If the representation as completed indicates that situations or relation-ships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise detemines that potential organizational conflicts exist, the offeror shall provide a statement in writing wnich describes in a concise manner all rele/ ant factors bearing on his represen-tation to the Contracting Officer.
If the Contracting Officer determines that organizational conflicts exist, the following actions may be taken:
(a) impose appropriate conditions which avoid such conflicts, (b) disqualify the offeror, or (c) determine that it is otherwise in the best interest of the 'Jnited States to seek award of the contract under the waiver provisions of I 20-1.5411.
The refusal to provide the representation required by 820-1.5404(b) or j
upon request of the Contracting Officer the facts required by s20-1.5404(c),
shall result in disqualification of-the offerer for award. The nondisclo-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 discovered after award, the resulting contract may be terminatted. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions pro-vided by law or the resulting contract.
4 The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds or work from the statements of work contained in an RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluatics.af proposals.
If the NRC considers the pro-posed excluded work to be
..t essential or integrai part of the required l
work and its exclusion weald work to the detriment of the competitive posture of the other of'erors, the proposal must be rejected as unacceptable.
l The offeror's failure to execute the representation required herein with respect to invitation for bids will be considered to be a minor Infornlity.
l and the offeror will be pennitted to correct the omission.
Any contract resulting from a solicitation requirement shall include general clauses (41 CFR 20-1.5404-1) prohibiting contractors from engaging in relationships which may give rise to an actual or apparent conflict of interest. Note: NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) is included in Part IV as Attachment No.1.
I r-
.m m..__
RS-01E-81-250 POTII-A. SOLICITATION INSTRUCTIONS AND CONDITIONS 1, OEFlMm0MS.
- 7. LATE Siftt, WOOWICATIONS OF SiOS, OR WITHDRAWAL OF As used hereis:
800 8.
(a) The term
- solicitataan" rnenne Invitat on for Sids (IFS) where (a) Any bd rrtens d a* the urbe 4rseenstrd in the selecitat.on after the procurement is advertised, and Request for Proposal (RTP) where the ese.: time sper:Aed for rereme will neit be considered unless is as the procurement a neestaated.
received before award is maste end rfihrr-(b) The tene "estr means bid where the procurement is adver.
. (13 It was sent be regist.,ed.= a rrtsfied enaal not tatre than the a
tamed, and proposal where the procurement as negousted.
Afth calendar das prior to the datr spinhal for the rrteipt of bads (c) For putyones of this schcatation and Block 2 of Siandard Form (e g. a bad sobrnatted an respeisr '4 a.uieritation requitana receipt of 33, the term adve tised" iruludes Small Business Restricted Adver.
bids by the 20th of the ownsh must have hern rueled by the ISth or tueng and other types of restrated adrettising.
earliert ; or
- 2. PREPARAT!ON OF OFFERS-(2) It was sent b5 raail (..r to tegrara d authonardi and it is (a) 06erors are espected to esarrune the drawings, specascat ons, deteramed by the Government that the laer receipt was due solely to mashandring bv the Co crnment after treript at the Government ScAedule, and all enstructions. Tadure to do so mil be at o#eror's installasson.
rish.
(b) Any moddration or withefrawal of a but is subrect to the same (b) Each o#eror shall furnish the information tequired bv the conditions as in (a), above A bed may alan be withdrawn in person so!acitataen. The o#eroe shall s gn the solocatauan and pnne or type by a bidder or his authonred representative. provided his adenuty is has name ce the Schedule and each Contanuation Sheet thereal on whach he makes an entry. Erasures or other changes must be insualed made known and he sagns a receipt for the cad. but only J the mth.
be the person sagnans the oder. Ofers signed by as agent are to be drawal is mide prior to the curs tame art for receipt of beds.
(c) The ceiv acceptable evi4cace in establish:
accompanied by evidence of his authonty unless such evidence has (1) The date of maalang of a late bed, roodecatonn, or withdrawal teen previously furnashed to the sasuing once, sent either by registered or cert Aed mad is the U.S Postal Service (c) Unas price for each unit odered shall be shown and such pnce postmark on both the envelope or wrapper sad on the onginal receipt shan indude packing unies otherwme speca6cd. A total sha!! be entered from the U.S. Posasi Servwe. If neither postmark shows a legtble date, in the Arnovas colunsa of the Schedule for each item odered. In case the bad, noodecation, oc mthdrawat shall be deemed to have been of dastrepeacy between a unas prue and estended pnce, the unit prxe maaled late. (The term
- postmark" means a pnated. stamped, or other.
well be presussed to be correct, subject, however, to correction to the same essent and in the same reanner as any other toastake.
- '*e placed arnpreisson (esclusive of a postage eneter machine impres.
be(considered unless authorised by the solicatsuon.d) OWers for supplies or navnes other than those specaAed will not sion) that is readily idenadable without further action as havtag been supplied and assed on the date of mailing by employees of the U.S.
Postal Servue. Derefoir, o6erors should request the postal clerk co fm(perfortmance of wrvices unime otherwtse speca4ed in the solicitation,e) Oteror must stata a deAnste rinne for del Peace a band cancellauen buire-eye "postaserk" on both the receipt med the envelope or wrapper.)
(f) Tisme, if stated as a number of days, will indude Saturdets, (2) The time of receipt at the Government anstallat.oe is the Sundays and holidays, (g) Code bones are for Government use or,2y, tiene-date stamp of such installation on the bed wrapper or other documentary evidence of receipt maintained by the tasullauen.
S. EXPLAMATION TO OFM40RS. Any esplanauon dessred by (d) Notwithstandang (a) and (b) of this provision, a late trediA.
oderer regarding the meaning or anterpretance of the solicatanon.
cauon of an othermas successful bid whnh maacs its terms teore an dramngs, specascanona, etc., mut be requested in wnung and mth favorable to the Government will be tonsidered at any tarne at is tv.
ceived and may be accepted.
su4 cares tame alle red for a te y to reach oderes before the sub-Note:
sasssson'of their oders. Oral en ananons or instrwtions seven before The tenn "lettgram" includre maalarartA the award of the contract will not be bending. Any information given S. LATE P90#0SALS, M000 FICA!10NS OF PROPOSAL 3, AMO to a prospectm oderer concernaag a solacatatson will be futuhed to WIT >tORAWALS OF PROPOSALS.
an prospettave a6erors as se amendment of the solicitation, if such informanon :s necessary to oderers in subastning oders om the solicsta-(a) Any proposal received at the oSce deshrnated in the solicitu tion after the exact urge spec 2Aed for receipt will not be consadered tsen or af the lack of such anformauce would be prejd:tsi to un-unlear it is received before award 3 made, and:
informed oderors (1) It was sent by registered or certded mail not later than the
- d. ACANOWLEDGMENT OF AMENOMENTS TO SOLICITATIONS.
Alth calendar day pnor to the date speeded for receipt of oders (e'g an oder subesteed in rescur se to a solicitation requaring receipt s2 Receipt of an unendment to a solacitauen by as oderer must be o#ers by the 20th of the month must have been maded by the 13th or acknowledg.i (a) by mgning and returning the arsendment, b) on page three / Standard Form 33, or (c) by letter or telegrens(. Such eartier);
(2) It was sent by mad (or telegram if authonsed) and at is scanowledgm ent must be received prior so the hour and dass specaned determaned by the Governaant : hat the late receipt was due solely for receipt as ders, to mishandling by the Government after receipt at the Government installauen; or S. EUOMISSION OF OFMAS.
(3) 3 is t3,,al, p,,po.:,,e e;,,d.
(a) 06ers and mediacations thereof shadl be enclosed in sealed (b) Any modiAcauon of a proposal. except a modaAcation resulting enrelopes and addressed to tae osce spec 2Ard in the solscitation. The from the Contracung OEcer's request for "best and Eoal" oder,is sub.
oderoe shall show the hour ano date specded in the solicatation for
=coept, the solie.itation r. umber, asd the naine and addrene of the ject to the same conditions as in (a)(1) and (a)(2) of this provimon.
(c) A unod 6 canon resultang from the Contractans Oscer's request oferor on the face of the envelope.
for '%est and Anal" o#er recei *d after the time and date speeded in (b) Telegraph.c ogers wit! not be cons.dered unless authe:iaed by the request mil not be conadered unters received before award and tb solicitauen, however oders may be mod Aed or withdrawn by t'w late receipt is due soielt to maahandling by the Government after wnsten or telegraphic notice, provided such *iotwe is recetved prior to racerpt at the Government instaltauce,.
the bout and date specaAed for receipt. (Ravever, see paragraphs 7 (d) The only acceptable evidence to establish:
and 8.)
(1) The daar of mailing of a late proposal or mod Acation sent (s) Saseples of itenu, when required, must te subsoitted within the either by registered or certded mail is the U.S. Postal Service pose.
tiano specaned, and unless othermse specded 'sy the Government, at taark on both the envelope or wrapper and on the orig nal receipt from ne empense to the Government. If not destroyed by tesung sarnples the U.S. Postal Servwe. If neither postraark shows a legible date, the will be returned at oderor's req sest and empense, valess otherwise proposal or anoddcanon shall be deemed to have been maded Iste.
specs &ed by the solacitacon.
JThe term " postmark" means a printed. ::amped. or otherwue,
- 6. FAILURE TO SUBMf7 OFFER. If nq oder is in be submitted, da aruptuason (esclumve of a poetage meter machine impresson) placed that is not return the solicitauon unless otherwise readdy identiAabic wthout further action as having been soplied and card shall he sent to the issuang oSce adu specded. A letter or pu*t-a4aed on the date of madang av employees of the U.S. Postal Servue.
mns whether future suiic.
stations for the *ype si sup%es or services covered by this sohcpation Therefore, oderers should rettuent the tal clerk to place a hand are de red. Fadure of the recipient to c#er. nr in notify the unsuing enacellauen bull'm " postmark
- on the receipt and the envelope or weepper.)
o4ce ' hot future solicitanons are oesired, inay result in remnsal M (2) The tame of receipt as the Government installataon is the ths name of n.ch reespieat froc. the mailing list for the type of supplact er services covered by the solicitauen-urne-date stamp of such anstallauori on the proposal wrapper or oder documentary evidence of receipt maanta.ned by the installacon.
33 87Assea#9 POess We anos.1 79 Pwuria.d w csA. PPn m crai i-is. ass P00RORlBilM
=12-to Norwnhatedme (s). (b). end (c), of this provisson. e lase W45), the Contract Wnth Iwrs 5:andarfs Act i44 0 5 C 34-3308, e
snediAcanon af set nehrrwise successf it proposal whwh makes its terms and the Service C..ntract Ar' n8 19C* I 91 U.S C. l'al IM I may I.e user favorshie m the Government will he cons dered at any time it is
. 8 stained trieses the Department of I.al=*r. Washinete.n.11 L;. M? lit
..e received and
..s be accepted.
. wnsten or telegraphic notice melude the esilim itatuin nummer, the name and address of the issuine frnia any regional..E. e..I that seency. Rectueses f..e in6.rn.aunis alu.uld (f) I'r opia.!:
m.,
be withdrawn by received at any tim. prme to award. Proposals may be withdrawn in asency, and a deu nptann nf the supplies ur servises person by an offerne or his authorised representative, provided his idenner is made kn..wn and he signs a nceipt for the proposal pnor
- 13. SELLER'S INVOICES. Invoices shall be prepared and submitte,s to award.
La quadruplicate (one copy shall be marked ongsnal") unless other.
Note: The term " telegram ** includes mas!grama.
wise speoned. Invoices sha!! contain the following informanon: Con-Note: The al mate late proposals, roodi6 cations of propeaals and tract and order number (if any), item numbers, desenpuon of suppbes withdrawals of propeaala pmvision prescribad by 41 CFR l-3.802-2(b) or services, siers, quantines, unit pnces, and estended totais. Bi.I d shall be used in lieu of provisson 8, a spec 46ed by the contrac..
lading number and weisht of sh6pment will be shown for shipments g
made on Government balls of lading.
(a) Notwithstanding the fact that a blank is provided for a ten (10)
- 14. SMALL SUSINESS CONCERM.'A small businem enacern for the day discount, pronipt pairnent discounts otYered for payment within purpose of Government procurement is a concern. including its alRli.
less than twenty (20) calendar days will not he considered in evalu.
sta, whuh is independently owned and operated, is not derninant in sting uffers for award. us.less otherwise speci6ed in the solicitauon.
the 6 eld of operatson in which it is subannating oders on Co*ernment However o#ered discounes of less than 20 days will be taken if pay.
contracts, and can further q,.shfy under the cntena conceming num.
varnt is maue within the disonunt pened, even though not considered ber of empioveen, everage ' annual receipts. or other entena, as pre.
in the evaluation of citers.
scnbed by the Small Business Administrat cit. (See Code of Federal (b) In connettiwn with ans discount orTered. time will be computed Regulations, Tide 13. Part 121, as ar.iended, which contains detailed from dare of delivery of the supphes to carner when delivery and industry de6ainons and related procedures.)
acceptance are at reint of origin, or from date of delivery at dest-nauen or port of embarkauon when dehvery and acceptance are at
- 15. CONTINGENT FEL !! the o#eror, by checking the appropnate either of those pomes, or from the date correct invoice or voucher is boa provided therefor, has represented that he has emplov.d or ntained received in the or5cc speci6ed by the Government, if the latter date a corn y or person (other than a full. time bona Ede er,ployee work.
is later than date of deisverv. Parment is deemed * > be s a nde for the ing ety for the oderor) to solict or secure this cret' at. or the he purpose of earning the discount un the date of mulans of the Govern.
has paid or agreed to pay any fee, counmasson, percenswe, or orcheagi, reent check.
fee to any company or person contingent upon oc resulung from the
- 10. AWARD OF CONTRACT.
award of this contract, he shall furnish, in duphcate, a complete Stand.
and Forts I19, Contractor's Statement of Conungent or Other Fees If (a) The contract mD be awareled to that responsible oderor whose oderer has previously furmahed a cornpleted Standard Forn 119 to the oder conforming to the schotation wa!! be most advantageous to the odEce issuing this solicitauen. he may accompany his arTer with a signed Government, pnee and ather factors consed red.
statement (a) indicating when such cortpleted form nas p evinusly (b) The Government re.crves the right to reject any or all oders furoianed, (b) idenufytag by number.he prev ous sohcitation or con.
and to waive informalitws and iCaur irregulanues m oders recerved.
tract, if any, in connectson with which such form was submitted, and (c) The Government may arcept any rem or group of items of any (c) representing that the statement in such form is applicable to this oder, uni.se the o6eror quah6es his offer bv spen 6e limitations. UN.
oger.
LESS OTHERWISE PROVIDED IN THE $CHEDULE, OFFERS MA) BE SUBMITTED FOR ANY QUANT; TIES LESS THAN THOSE SPECIFIED, AND TIIF. GOVERNMENT RESERVE 5
- 15. PARENT COMPANY. A parent company for the purpose of this DIE RIGHT TO MAKE AN Aw ARD ON ANY ITEM FOR A oder a a co apany which either owns or controls the activities and basse busmens p,hcies of the oderor. To own another compan* :neans the QUANTITY LESS THAN THE.QUA.NTITY OFFERED AT THE parent coinpany raust own at Icast a majority imore than 50 percent) tJNIT PR!CES OFFERED UNLESS THE OFFEROR SPECIFIES OTHERWISE IN HIS OFFER.
of the votmg rights in that company. To control another company, such ownership is not required; if another company is able to formulata.
wise furnished; to the succesaful oderer within the u. mailed (or ot'her.
determane. or veto basic bwness policy decisions of 'he ederer, such (d) A. wntten award (or Accepwnce.,f,0Ker) me for acceptance other coiapany a considered the parent company of the oderor. This spec 6ed in the oder shall be deemed to result in a bmding contract control may be esereined through the use of dominant nunortry voting
8""" ' P ' ' ** 8' # *" # "* "# "I'"*" ** #
The foi ng pa agraph
)
uch (h) apply only te negotiated e)Ye Government may accept within the time spec 26ed therein.
- 17. EMPLOYEWS IDENTIFICATION NUMBER. ( Applicable only to any oder (or part thereof, as provided is (cl above) whether or no, advertised solicitations ) The o#eror shallinsert in the app 6 cable space there are negotisuons subsequent to its receipt. Jess the ofter is with.
on the oder fun, J he has sw pannt company, b own EmoWe drawn t.e wntten nouce recened bs the Government prior to award.
Identiacanon Num,ber (E..I. No.) (Federal Socal Security Number If subsequent negotiations are conducted. thev shall not constitute a used on Employer s Quarterly Federal Tax Return, U.S. Treasury rejection or counter oder on the part of the Government.
Department Form 941), or. rf he has a parent company. the Ernployer's (f) The nght is reserved to accept other than the lowest oRet and Idents& canon Number of his parent cornpany.
to reject any or all o#ers.
(g) The Government may award a contract, based on initial ofers
- 18. CENTYlCATION OF INDEPENDENT PRICE DCTERMINATION.
received. without discusion of such oKers Accordinely, each initial (a) Thi. certincation on the cKer forrn is not applicable to a foreign oder should be submitted on the most favorable terms frorn a pnce n#erce subasateme an oder for a contract wbch requires performance and technical candpomt wMch the o#crer can submit to the Govern.
o, deliverv outside the United States, its possessione. and Puerto Rico.
ment.
(b) An oder wili not be considered for award where Iai(1). (a)(3),
(h) Any 6nancial data submitted with ans o#er hereunder or any or (b) of the ceruncauon has been deleted or modi 6ed. Where (a)(2) representauon concerning facihtaes or nnanone wdl not form a part of the cert 6 canon has been deleted or rdi6ed, the oMer will not be of any resulting contract, provided, h<~ever, that if the resulting ron.
considered for award unless the o#eror furnashes with the oder a signed tract contaans a clause providing for pne reducuun for defecuve cost statement which neu forth in detail the circuenstances of the disclosure or pnetag data, the contract pnce wdl be w%ect to reduction af cost and the head of the agency, of his designee, determines that such dis.
og pncing data furnashed hereunder is incornps '
naccurare. or not cjoeure was not made for the purpose of restricung compeution.
current.
- 11. GOVERNMENT. FURNISHED PROPERTY. '.. rr. iterial labor, o,
- 19. ORDER OF PRECEDENCL In the event of an inconsistency be.
facitaties wdl be furnished by the Governmeios anless otherwise pro.
twe'n Provmons of the scheitauen the inconsistency shall be resolved vsded for in the schettation.
by giving precedence in the following order; f a) the Scheoule: (bl Soliotauon Instructions and Conditions; (c) General Provisions. (d)
- 12. LABOR INFORMATION. General miermation restrding de re.
other provisions of the contract, whether incorpoested by reference or quirements of the Walsh.Healey Puohc Contracts Ac - (41 U.S.C.
otherwise; and (e) the speu6 cations.
svassoamo rossa 33-a sasa tees.1-FM P00R ORIGINAL
~
~
1
RS-0!E-81-250
. PART II (Continued) 8.
NOTICE TO BIDDERS 1.
Notice of Requirements to Certify Nonsecrecated Facilities Bidders are cautioned as follows: By signing this offer, the bidder will be deemed to have signed and agreed to the provisions of the
" Certification of Nonsegregated Facilities" contained on Page 3 of this solicitation. Failure of the bidder to agree to the certification of nonsegregated facilities may cause his bid to be rejected as non-responsive.
2.
Bid Identification Mailing envelooes shall be marked with the IFB number as specified on Page 1. Block No. 2 of this solicitation. The IFB number should also be referenced in your cover letter and on each page of your bid.
3.
C_ost of Bid Precaration This solicitation does not comit the Government to pay any costs incurred for the preparation of bids or for any studies or analysis that may be conducted in the preparation thereof; nor is the Government comitted to procure or contract for the articles or services described under Part III of this solicitation.
4 Award Notification All bidders will be notified of their final selection or nonselection as soon as possible.following the completion of the formal NRC bid opening and subsequent detailed examination of bids and conduct of respensibility cracks.
Formal notification of nonselection to unsuccessful bidders will be made following contract award to the successful bidder.
5.
Tyce of Contract and General Provisions It is contemplated that a fixed price requirements type contract will be awarded.
In addition to the special provisions of this Invitation For Bid, any resultant contract shall include the general provisions applicable to the selected bidder's organization and to the type of contract awardcd. Any additional clauses in effect at the time af execution of the resultant contract are hereby included by reference.
6.
Bid Evaluation A.
Sids in res:ensa :s :::is "F3 shall se: for.h fuli, ac:urt:3, and c::ateta inf:r-ati:n as. ecuired hersin. The ::ena*:7 f:r.asing falsa statsents in bics is ;rtscribed in la U.S.C. ICCl.
P00R 0RIGINAl
~
RS-0!E-81-250,
6.
Bid Evaluation (Continued) 3.
- Bids will be evaluated for ;urposes of award by first ascernining the sum of the pre;csed ::tal amcunts for each of the items spect-fied in Article I, c:ntained on Page 13 of this soliciution.
To this "Tc:a13id A cunt" will be applied any due censidera:icn for dise:unts offered in 31cck No.16 :n Page 1 of this IF3.
(See Part II, A. "!olicitation Instruccicns and Conditicns,"
" Disc:unts.") Tnis will =nstituta the bidcar's " final bid a: cunt."
C.
Award will be race = tha: res;cnsive, res:ensible bidder within
- ne meaning of Fe:aral Frecurament Regula:icn 1-1.12 wnese : ul bid scunt, as se-f:rc Oy te bicder in ce a:;r=ria:a blank of Page 13 of dis IF3, aftar NRC =nsiderati:n of any a: plica:ie disc:unt, c:nsti utas ne 1cwes: Overall avaluand final c:n:rac prica : ce Governmenc based u:en :he recuirements as set form in the scnecule.
O.
Se arata carges, in any f:m, art not aJ11citac. 31cs nn-uining sucn cnarges !:r dis==inuanca*, armina:1:n, fatiure
= exeMise an =:icn, or f:r Any otner ;ur; se will =use ne bi: :: te rejectad as acnres:casive.
E.
A :rtawart ::sita sur tey :f the bidder's faciitties, ecui::ent, e =. in ac= rdanca wi u F:R 1-1.1205 4 =ay :e race :y et:rtsen=-
tives of Me C==:issica for =a ;ur: css :1 de:amining wnerner
=e 31dcar is res:ensible witnin Os etmng of FFR 1-i.12 and wnerner te biccar :cssesses ::alificatiens 04: ars =ncucive
= ce :recucti:n f wert ca: will zee: ce etcut 2.. ants, I
s:ecifica:1cas, and :rovistens of =is c:n rsc:. Also, if recuesuc by Os 0==:issicn, =e ;r:s:ective =ntr2 cur may te ricuirta = su:mit sta:acecJ within 72 hcurs aftar suca recues; c:ncarning Oneir aoility = met: any of =e mintrum s:Incar:s set for:n in F?R 1-1.1203.
~
F.
Notwithstanding Part II, A. Paragraph 10, Award of Contract,.
the aware of any contract resulting from this solicitation will be made on an "all or none" basis.
7.
'lendiscriminatien ie suse of 2ce f ?3R i-7 2.1001)
- is ce ;olicy of ce Executive Iranch of =e Gever =en: =at (a) C n:rac= rs and Succ:n:rac= rs engaged in ne ;erf:r anca of Ftcaral c:ntrac s snail not, in c:nnec:fon win ce eccicy-l ment, advancamen:, or discharge of ecsicyees Or in c:nnec ica wi.n =a tarts, c:ndi:icns, or privileges f Oeir ecclcycen,
t discrimina:a agains: :ars:ns because of =tir age exca:: 2:en ne basis of a 3cna fide cc:ucational ualifica:icn, et-f remen:
i i
l
- lan, or sutuury escuirement, anc (b) =a: C:n rac=rs anc succ:n:rac :rs, or ;ersens acting :n =eir :enalf, snail r.o:
s:ecify, in soliciu-icns Or advertisacents f:r e=cioyees =
. wort en 3over-cen: en:rac s, a'caxt=um age ifmi: for suen e-cicyten: Uniess ne s:ecifisc caximum age ifmi: is basec ucen a tena fice Oc=:ational :ualifica:icn, estirteen :ian, 3r su:u=ry recuirteen:.
P00R ORIGINAL
RS-0!E-81-250
, 8.
Listing of Employment Openings (FPR l-12.1102-2)
Bidders and offerors should note that this solicitation includes a provision requiring the listing of employment openings with the local office of the Federcl-State employment service system where a contract award is for $2,500.00 or more.
~
9.
Commitment of Public Funds The Contracting Officer is the only individual wha can legally commit the Government to the exoenditure of public funas in connection with this procurement. Any other commitment, either explicit or imolied, is invalid.
- 10. Minimum Bid Acceptance Period Bids offering fewer than sixty (60) days for acceptance by the Government from the date set for opening will b1 rejected as non-responsive.
- 11. Bidder Ou.lification and Past Excerience In creer :: be ::nsidered :uaif fiec f:r :erf:rmanca under any
- n:ric: :: resul herefr m. :ne :10:er shaII nave :een invcivec in :revicing :ne same or su stantiali/ similar services :: :ncse requirtc nertin.
The :iccer snall su:stantiate sucn ex:erf ence in nis :ic. :n acciti:n, : e :id er saal; lis tri:w a: less: f:ur (1) :rtvi:us er Ourren: :entracts I:r :::.:me er su:stra:: ally sim11ar sarvicas:
(1) 0:n:Tsct.10.:
No Contract Name and accrtss :T Gcve r. men: Agency Or C =mercial In;ity: Nuclear Regulatory Commission Suite 200. Osborne office center Chattanooga. TN 37411 Fein; Of C:n act inc Tele:nene ?*r.cer:
Mr. LeDoux (615) 899-5456 (2) C:n:rsc: lo.:
No Contract
- face anc accress of Gover men: Agency cr C: mercial Entity: Delta Airlines Lovell Field Chattanooga. TN 37421 P in: Of C:ntact inc Tele:nene Numcer:
Mr. Leo Bradshaw (615) 756-2411
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RS-0IE-81-250 16-
- 11. Bidder Qualification and Past Experience (Continued)
(3) Ccn:rsc: fic. :
No Contract Name anc accrsss :t Gove--ment Agancy cr CO.mercial intity:
Tennessee Valley Authority Power Buildine Chattanoona. TN 37402 F0fn Of 0:n:2c inc
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Tait:nene A::er:
Frances Daniel (615) 755-3011 (4) 0:n rac
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No Contract
- lace anc ac::rss3 :-
Gcverr.een: Agency :r C:=ercial Entity:
U. S. Postal Inspectors P O Box 3583 u.,wi, ty aging n
Poin: Of C:ntac: anc Tait:nene % =:er:
Florence Kraft (901) 521-3486 r-
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IRS-0!E-81-250 et eo. se. ness.c:-s.rur en hed Of C+' TAO' 08 ;;raf % ;a PART III - CCNTRACT SCHECU1.E lx.
-ce w na m ~o i Article I -
Sa' Nit'58"'c15/ P ri ce s
- c'eto
- The Centrac:cr shall crevice all facilities, l personnel and ecui; rent necessary to furnisn i
lodging for fiRC students as further descritec
.I in Article II - CESCRIPTIO'l/SPECIFICATIC'i l
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'Persen-I tiigh:
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~; Single occ:.:ancy ledging facility for one (1)
- nignt, one (1) occu: ant. -
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s519.00 51t.0.600.00 i
fPersen-2.
Single occucancy ledging facility for one Estica ted !!ii;[.:
(1; nient, cne (1) cccccant (CPTIC*i YEAE)
- 7,400 l
,321.00
'$155.400.00 1
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RS-0!E-81-250 ARTIC1.E II - DESCRIPTION / SPECIFICATIONS A.
Backgr0cnd One of the primary functions of the Nuclear Regula:Ory Comission (NRC) is to inspect nuclear power plant design, construction, and coeraticn of nuclear power facilities.
This is acccmplished, in part, through inspectors who c:erate out of NRC's five (5) regional offices across the country. In order to achieve a:pr0;riate training of those ins:ectors the NRC COncucts specialized technical training courses at the Reacter Training Center (RTC) in Chattancoga, Tennessee.
B.
Statement of work General The Centrac Or shall pr0 vide lodging facilities for NRC :ersonnel who are attending courses at the NRC Reactor Training Center (RTC).
Tht. facility shall be located in an area that is no greater : nan twenty (20) minutes ccm uting time from the RTC, whicn is locatec in the Osbcrne Building, Easu/ Gate Shep0ing Center, Chattancoga, Tennessee. The lengtn of stay for each student will de:ene en whicn course nt/she is attending which may vary frca ene (i) night to f0ur (4) weeks. Each rcco furnished in perfor:ance of this centract snali pr0 vide the follcwing minimum acc0:redations:
A) individual thermostatically c0ntrolled heat and air c0nditiening; B) individual bathreem facilities with shcwer anc tub; C) daily maid and linen service; D) desk or table with chair suitable for student study; E) adecuate lighting (electric) c0nducive for reading and studying; F) soundproof to eliminate expressway or other distracting noise; G) wall to wall carpeting; H) adecuate closet and s:crage space for personal belcngings; I) color televisien; and J) double bed.
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RS-OIE-81-250 -
Transoortation The Contractor shall prov1dt daily transportation services for the sti. dents from the lodging facilities to the RTC as foliows:
A)
Transport all students to the Reactor Training Center by 8:00 A.M. each day that classes are being held.
B)
Se at the Reactor Training Center no later than 3:30 p.m.,
each day classes are being held to transport all students back to the lodging facility.
The size of thE vehicle used to accomplish the above described task and the rumter of students utilizing the lodging facility will dictate how many round trips are necessary each day. The Contractor
- hall provide as many trips as required to transport all students to the RTC in the morning and return them in the afternoon.
In the event a student decides to check out of the lodging facility on their last day of classes before they leave for the RTC in the morning, the contractor shall continue to provide transportation to and from the RTC. Additionally, the contractor shall provide secure storage facilities for suitcases and other personal belongings that must be left there until the student returns from the RTC ttat day and departs from the lodging facility for home.
Reservations The following procedure shall be followed for the purpose of making reservations under this contract. The Project Officer (PO) will contact the Contractor each Friday and inform them of the total number of students expected to arrive the following Sunday and each students total length of stay. The contractor shall honor those verbal reservations by making available the required numbec of rooms. The contractor will be expected to hold each of those rooms open until Monday noon. Each Monday tre contractor shall submit to the P0 and the contracting officer a typed list of the name and length of stay of all students that had checked in that day or the previous Sunday. The following is a proposed schedule that lists the estimated number of students that may require lodgir~
facilities from April 1981 through September 1981. These are estimates intended to present an approximate number of rooms that may be required during that time frame. The NRC shall be billed for rooms actually used by students and those held open, at the request of the PO, until Monday noon that are not subsequently occupied.
Week Estimated Number of Students March 30 - April 13,1981 18 April 6 - April 10, 1981 42 April 11 - April 15,1981 6
RS-0!E-81-250
. April 20 - April 24, 1981 20 April 27 - May 1, 1981 34 May 4
- May 8, 1981 28 May 11
- May 15, 1981 14 May 18
- May 22, 1981 18 May 26
- June 1, 1981 24 June 1
- June 5,1981
'18 June 3
- June 9, 1981 6
June 9
- June 13, 1981 6
June 15 - June 19, 1981 18
'.ane 22 - June 26, 1981 30 July 7
- July 10, 1981 15 July 13 - July 17, 1981 24 July 20 - July 2A,1981 24 July 28 - July 31, 1981 15 August 3 - August 9,1981 39 August 10 August 16, 1981 12 August 17 - August 21, 1981 24 August 23 - September 4, 1981 45 September 21 - September 27, 1981 12 September 28 - October 4,1981 12 END OF ARTICLE II l
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RS-01E-81-250 -
ARlICf.E III - Period cf Perfccmance The p<triod of performance under this ::ontract shall comence on the effeccive date of this contract and end one (1) year later.
ART'CLE IV - Ootion to Exterd the Period of Performan'ce This contract may be extended for a period of one (1) year at the unit prices set forth under Article I at the option of the Government by the Ccri.racting Officer giving written notice of the Government's exercise of such option to the Contractor not later than the last day of the term of the contract; provided that such notice shall have no effect if given less than thirty (30) days prior to the Contracting Officer has given preliminary written notice of an intent to exercise such option at least thirty (30; days prior to the last day of the term of the contract, (such preliminary notice shall not be construed as an exercise of the option, and will not bind the Government to exercise the option).
If the-Government exercises such option, the total duration of this contract, including the exercise of any option under this clause, shall not exceed twe (2) years.
ARTICLE V - Technical Girection and Authorized Reoresentative is hereby desigrated as the Contracting Officer's Project Officer (PO) for technical aspects of this contract. The PO is nct authorized to approve or recuest any action which results in or could result in an incret.se in contract cost; or teminate, settle any claim or dispute arising under the contract, or issue any unilateral directive whatever.
The PO is resconsible for: (1) monitoring the contractor's technical progress, including the surveillance and assessment of performance, and recorrnending to the Contracting Officer changes in requirements; (2) interpreting scope of work; (3) performing technical evaluation as recuired; (4) performing technical inspections and acceptances required by this contract; and (5) assisting the contractor in the resolution of techrical problems encountered during performance. Within the purview cf this authority, the P0 is authorized to review all costs requested for reimbursement by contractors and submit recomendations for approval, disapproval, or suspension for supplies / services required under the l
contrect. The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.
ART!CLE VI - Payment A.
Frecuency. The Contractor shall submit invoices as frequently as f
once each month, if desired, unless more frequent billing is authorized l
by the contracting officer.
B.
If this contract provides for a discount, the contractor shall indict.te the contract's discount terms (Block 16 of Page 1) on the l
fcce page of the invoice or voucher.
C.
Additional provisions relating to ayment are contained in Article VII of the General Provisions.
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RS-0IE-81-250 ARTICLE VII - Billing Instructions for Fixed Price Contracts and Furenase Orders General. The contractor shall submit vouchers or invoices as prescribed herein.
Fo rm.
Claims shall be rubmitted on the payee's letterhead, invoice or on tne Government's Standard Form 1034 "Public Voucher for Purchases and Services Other Than Personel," and Standard Form 1035 "Public Voucher for Purchases Other Than Personel - Continuation Sheet." These forms are available from the Government Printing Office, 710 North Capitol Street, Washington, DC 20801.
Number of Cooies and Mailing Address. An original and six (6) copies snall be submitted to NRC offices icentified below.
Preparation and Itemization of the Voucher. The voucher shall be precared in ink or typewriter (witnout strikeovers) and corrections or erasures must be initialed.
It must include the following:
(a) Payor's nase and address.
(i) Address the original voucher (with four (4) ccoies) to: U.S. Nuclear Regulatory Commission, Divisien of Accounting, Office of the Controller, ATTN: GOV /COM Accounts Section, Washington, DC 20555. (ii) Address two (2) cooies to:
U.S. Nuclear Pegulatory Commission, ATTN:
E.L. Halman, Director.
Division cf Contracts, Washington, D.C.
20555.
(iii) The cricinal coov of the voucher should indicate that two (II~'
cooies nave been forwarded to the Contracting Officer.
(b) Voucher number.
(c) Date of voucher.
(d) Contract number and date.
(e) Payee's name and address.
(Show the name of the contractor and its typed list of students name, length of stay, unit price, and total amount.
(g) Final invoice marked: " Final Invoice" Currency. Billings may be expressed in the currency normally used by tne cortractor in maintaining his accounting records and payment will be l
made in that currercy. However, the U.S. dollar ecuivalent for all invoices paid under this contract may not exceed the total U.S. dollar I
authorized in the contract.
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RS-0!E-81-250
. ARTICLE VIII - Estimated Requirements The estimated requirements reflected in Article I of this contract are estimates of the amount of service which may be required hereunder.
Such estimate is set forth for the purpose of evaluating bids only. No specific amount of service is either guaranteed or implied. The amount of service to be performed will depend entirely upon the Commission's requirements for the service described herein, and the Coinmission will be obligated to pay only for services so ordered and satisfactorily performed. If the Commission's requirements do not materialize in the quantities estimated, such failure shall not constitute grounds for equitable adjustment hereunder.
ARTICLE IX - Subcontracts for Work or Services No contract shall be made by the contractor with any other party for furnishing any of the work or services required herein without the prior written approval of the Contracting Officer. This provision shall not be construed, however, as requiring the prior approval of contracts of employment between the contractor and personnel assigned by the contractor to provide services hereunder.
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PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.
20-1.5401 Scope and policy.
- 1.5402 Definitions. 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) 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 auended (42 U.S.C. ch.14) 120-1.5401 Scope and Policy l
(a) It is the policy of the U.S. Nuclear Regulatory Cannission (NRC) to avoid, eliminate or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.
(b) Contractor conflict of interest determinations cannet be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest.
It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations to guide application of the policy. NRC contracting and program official 3 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 acclies l
te contractors and offerers only.
Individuals or firms wno have other relationshics with NRC (e.g., parties to a licensing proceeding) are not covered y tnis regulation. This rule coes not acply to tne accuisition of consulting services through tne personnel apcointment crocess, NRC
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7590-01 agree..mts with other gove'~nnent agencies, international organizations, or state, local or foreign governments; separata procedures for avoiding conflicts of interest will me employec in such agreements, as appropriate.
120-1.5402 Definitions (a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under 4n NRC contract which:
(1) May diminish its capacity to give impartial, technically sound, ocjective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair competitive advantage.
(b) "Research" means any scientific or technical work involving tneoretical analysis, eploration, cr experimentation.
(c) " Evaluation activities" means any effort involving the appraisal of a tecnnology, process, product, or policy.
(d) " Technical censulting and management support services" means internal assistance to a ccerponent of the NRC in the formulation or acministration of its programs, projects, or policies which normally require the centractor to te given access to information which has not been made available to the public or proprietary information. Such services typically include assi:tance.in the preparation of program plans; an.d pr=caration of preliminary designs, specifications, or statements of work.
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(e') " Contract" :ncans any centract, agreement, or other arrangement with the NRC ex:ept as provided in Section 20-1.5401(c).
(f) " Contractor" means any persen, fi m, unincorporated association, joint venture, co-sponsor, partnership, corporation, affiliates thereof, or their sue:essors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, wnich is a party to a centract with the NRC.
(g)
"Affili.ites" means business concerns which are affiliates of eacn otner when either directly or indirectly one concern or individual c:n rols or has the power to c:ntrol another, or when a third party centrols or has the power to control both (41 CFR I1-1.505-1(e)).
(h)' " Subcontractor" means any subcontrac:ce of any tier whicn performs work under a centract with the NRC except subcontracts for su: plies and subcontracts in amounts of $10,000 or less.
(i) " prospective centractor or " Offer 0r" means any person, firm, unincer: ora:ed asscciation, joint venture, cartnership, cor: oration, or affil:ste: :ne-?of incluaing its enief executive, cirectors, key cersennel i:entified in ne Or cosal), procesec ::nsui: ants, ce succen:ractors, n:mi::ing a cic or pro:csal, sciicitec or unsolicited, to :ne NRC ::
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- ain a c:ntract.
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P00R ORIGINAL l
. - - -, - - - - - ~ - - -
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 preposed contract.
The term " potential conflict of interest" is used to signify those situations i.ch merit investigation prior to contract award in order to ascertain whether award would give rise, to an actual c:nflict or which must be reported to the centracting officer for investigation if they arise during contract perfor7 nance.
I20-1.5403 Criteria for recogni:ing c:ntracter organi:ational conflicts of interest (a) General. Two questions will.be asked in determining whether actual or potential organi:ational conflicts of.iterest exist:
(1) Are there confiteting roles which might bias a centractor's judgment in relation to its work for the NRC?
(2) May the contractor be given an unfair ccmpetitive acvantage based on the performance of the contract?
The ultimate determination by NRC as to whether orgar.i:ational conflicts of interest exist will be made in lignt of connon sense and good business judgment based upon the relevant facts disclosed and the work to be perfor-ned. While it is difficult to identify and to prescribe in advance a specific methoc for avoiding all of the varicus situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, and l
research programs.
(b) Situations or relationships which may give rise to organi:ational conflicts of interest.
(1) The offeror or centractor shall disclose infor-nation concerning relationsnips which may give rise to organi:ational conflicts of interest under the following circumstances:
(i) Where the offerer or contractor provides advice and rec:nnendations to the N.1C in a technical area in which it is also providing censulting assistance in the same arec to any organi:ation regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in wnica it is also providing assistance to any organi:ation regulated by tne NRC.
l (iii) Where the offeror or contractor evaluates its own products or services, or the products or services of anotner entity wnere the offeror or contractor has been substantially involved in their development or l
ma"keting.
(iv) Where the award of a centract would otnerwise result in s' acing the offeror or contractor in a conflicting role in wnien its juQment may te ciasec in relation to its wort for tne NRC or may otne mise resuit in an unfair comcetitive advantage for tne offeror or contractor..
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7590-01 (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 120-1.5405-2 in the following circumstances:
(1) Where the offeror or contractor prepares specifications which
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are to be used in comoetitive procurements of products or services covered by such specifications.
(11) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.
(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary infonnation of its competitors.
(v) Where t.he 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 otherw1:t-result in an t.nfair competitive advantage for the offeror or contractor.
(c) policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.
(1) Example.
The XYZ Corp., in response to a request for proposal (RT?), proposes ta undertake certain analyses of a reactor component as called for in the AFP. The XYZ Corp. is one of several companies considered to be technically well qualified. In resoonse to the incuiry in the RFP, the XYZ Corp.
advises that i'. is currently performing similar analyses for the reactor manufacturer.
Guidance. An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would ce placed in a position in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Example. The ABC Corp., in resconse to a RFP, proposes to perform certain analyses of a reactor ccmconent which are unique to one type of advanced reactor. As is the case with other technically qualified l
companies responding to the RFP, the ABC Core, is performing va-ious projects for several different utility clients. None of the ABC Corp.
projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.
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7590-01 Guidance. An NRC contiact r.Ormally could be awarded to the ABC Corp. because no conflict of interest exists which would motivate bias
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with respect to the work. An aporopriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for
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work during the performance of the NRC contract with the private sector which could create a conflict.
For example, ABC Corp. would be precluded from the cerformance 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 corsercial nuclear kcility, 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 type of plant.
Consequently, that company is the only one with wnom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those 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 work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted. Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms l
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.
l has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other ccmcanies in this I
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 information produced under the contract will be used in the contractor's orivate activities unless such information has been reported to NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such infornation is generally available to others.
Further, the contract will sticulate that the contractor will inform the NRC contracting officer of all situations in wnich the information developed under the contract is procosec to be used.
.g.
7500-01 (5) Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of the Appalachian fold belt.
In accordance with the representation in the RFP and.
120-1.5403(b)(1)(1), A8C Corp. infoms 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 might be biased. The work for others clause of $ 20-1.5405-1(c) would preclude ABC Corp. from accepting work during the tem of the NRC contract which could create a conflict of interest.
(d) Other considerations.
(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the perfomance of a contract is not relevant to a deter nination of the existence of such conflicts prior to the award of a contract.
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(2)
It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organi:stienal conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.
520-1.5404 Representa tion (a) The following procedures are designed to assist the NRC contracting officer in determining wnether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.
(b) Representation procedure. The following organi:ational confifets 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 organizational conflicts of interest provisions are noted in the solicitation and would be included in tae resulting contract.
This representation requirement shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause. Where, bewever, a statement of the type required by the organizational conflicts of l
interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
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7590-01 ORGANIZATIONAL CCNFLICTS OF INTEREST REPRESENTATICN I represent to the best of my knowledge and belief that:
The award tcQuality Inn Soutbf a contract or the modification of an existing c:ntract coes ( ) or coes not (X) involve situations or relatienships of the type set forth in 41 CFR I 20-1.5403(b)(1).
(c)
Instructions to offerors.
The following shall be included in all NRC solicitations:
(1) f' the representation as c:moleted indicates tnat situations or relationsnips of the type set forth in 41 CFR
$ 00-1.5403(b)(1) are involved, or the contracting officer otherwise detemines that potential organizational conflicts exist, the offeror shall provide a staceaent in writing wnich describes in a concise manner all relevant facts bearing or. %is 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 c:nflicts, (ii) disqualify the offeror, or (iii) deternine that it it otherwise in the best interest of the United States to seek award of the centract under the waiver provisions of f20-1.5411.
(2) The refusal to, provide the representation required by 520-1.5404(b) or upon request of the contracting officer the facts required by s20-1.5404(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 misrecresentation is discovered after award, the resulting contract may be terminated. The offerer may also be disqualified frcm sucsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
(d) The offerer may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work frem the statements of work cen*ained in a RFP unless the RF? specifically pronibits such exclusicq. Any such prcoosed exclusion by an offerer will be considered by the.'i?C in the evaluation of proposals.
If the NRL considers the pr poseo excluded work to be an essential or integral cart of tne recuirec work and its exclusion would work to tne detriment of tne comoetitive Oosture of the other offerces, the precosal must be rejected as unacceptable.
(e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be pernitted to correct tne omi:sion.
! 20-1.5405 Centract clauses 5 20 1.5405-1 General contract clause P00R ORIGINAL
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7590-01 All contracts of the types set forth in i 2C-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 otnerwise) which relate to the work under this contract, and (2) coas not cotain an unfair comoetitive advantage over other parties by virtue of 1:s performance of this contract.
(b) Scope.
The restrictions described herein shall apply to cerformance er participation by the contractor as defined in 41 CFR i 20-1.5402(f) in the actitities covered by this clause.
(c) Work for othars. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego encering into consulting or other contractual arrangements with any firm or organization, the resul: of wnich may give rise to a conflict of interes with respect to the work being performed under this contrcct.
The contracter shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under tnis contract abide by the provision of this clause.
If the contractor celieves with respect to itself or any such employee tnat any proposeo consultant or otner c:ntractual arrangement with any fim or crgani:stion may invol<e a cotantia! :enflict of interest, the contractor shall obtain the written accreval of'the contracting officer prior to execution of such :entrac:ual arrangement.
(d) Disclosure after award.
(1) The contractor warrants that to the bes: of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organi:ational conflicts of interest, as defined in 41 CFR 520-1.5402(a).
(2) The contrac ce agrees that if after award it discovers organi:ational conflicts of interest with resoect to this contract, it shall make an lasnediate and full disclosure in writing to the contracting officer.
This statement shall inc'ude a cescriction of the action which the contractor has taken or proocses to take to avoid or mitigate such conflicts.
The NRC may, hcwever, ter n1nate :Me contract for convenience if it deems sucn ter nination to be in :ne best interests of the g)vernment.
(e) Access to and use of information.
(1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been releasec to the public, tne contractor agrees not to: (1) Use such information for any private carpose until the information has been released to tne puolic; (11) comoete for nort for One Cor:vnission based pggaOMMBL
+
7590-01
= sucn information for a ericd of six (6) r.cnths after eithe'r the i.: mold: ton of tnis contrac: or :ne release of sucn infor-nation to the puclic, *nicnever is first, (iiij sucmit an unsolicited croposal to the
~
government based on sucn info-ation until one year after the release of sucn information to the ;ucMe, cc (iv) release the information without
- prior written approval ey the contacting officer unless such information ha: creviously been releasec to ne :ublic by :ne NRC.
(2)
In addi fon, One c:ntrac:Or agrees :nat to the extent it receives or is ghen access :: re:rietary data, data Orc:ec:ed by One Privacy Act of 197a (Puo. l.93-579), or other c:nfiden:ial or privileged tecnnical, custress, or financial informa:icn under tnis contract, the contractor :nall treat suen information in accordance with restrictions placec on use of the infor.a:icn.
(3) 7he ::n:rac:Or snall nave, subject to catent and security rovi-tens cf this c ntract, :ne rign: to use tecnnical data it produces under this centract for priva:e cur:oses provide: :na; all requirements of :ni: cots: tac; have been *et.
( fi Succen:racts.
Except as' provided in 41 CFR 320-i.5402(h), the
- n:rs::ce shall include :nts clause, including : Mis :aragra:h, in succentracts of any :ier.
The ter s *:entrac:,* " contract:r,* and
" :ntracting of ficer,' snali e a :repriately modified :o prese ve the government's rtgn:s.
(g) Remedies.
For br ach of any of the above pr scriptions or for intentienal noncisclosure or misre resenta:icn of any relevant interest requirec c: De disclosed concerning :nis contract er for such erroneous re:resentations as necessarily imply tac faitn, :ne government may terminate :ne con:rae: fer default, cisqualify the c:ntrac:Or from suosequen c:ntractual effer:s, and pursue other remedies as may be ermit:ed by law or :nis contract.
(n) Waiver. A reque:- for waiver under this clause snall be cirected in writing tnreugn the c:ntracting officer :: ne Executive Director for C; era:icns (ECO) in acc rdance wi:n :ne procecures outlined in f20-1.5411.
320-1.5405-0 Special c:ntrac: r:visiens.
(a)
If i is determined from the nature of :he pr :osed con:rac:
- na: organi:ational c:nflicts of interes: exist, :ne con:rac:ing officer may cetermine : hat such c:nflic: can te avoicec er af:ar ::taining a aatver in accordance wita : 20-1.5411, neutrali:ec :nreugn :ne use of an accrc:rtate s:ecial contrac: revision.
If a::repria:e, :ne offe-Or may negotiate :ne ter:is anc condi::cns of :nese clauses, including :ne
. extent and ::me :eriod of any scen restrie: ten. these crevisions incluce Out are r"*. I: mite: to:
P00R ORIGINAL
\\
7590-01 (1) Har ware exclusion :lauses wnien Oranibi:
- ne acce :ance of performed y One c:ntrac:ce;procuction c:ntracts follcwing a related nonprocuc:f (2) Software exclusien :lauses; (3) personnel) to avoic certain organi:ational c:nflicts of interest; a (4)
Clauses anien Orovice fer pr :ee:icn of c:nficential da:a anc guard against 1:s unautncri:ec use.
(b) The folicwing acciticnal centract clause may ce includec as section (1) in :ne clause set f:rtn in: 20-1.5405-1 when it is dete minec that award of a f=11cw-cn c:ntract would c:nstita:e an cegani:ational conflic of interest.
(1) Follow-en effort.
(1) The c:ntrac::r snall be ineligible ::
carticipate in MC c:ntracts, subc:ntracts, or precosals :neref:r (sciicitec or unsolicited) wnica stem cirectly fr:m :ne c:ntrac cr's performance of work under this c:ntract.
Furthermore, unless so directed in writing by the contrac:ing officer, :ne c:ntrac::r snall not, perferm any technical consulting ce management sup cet services werk er evaluatien activities under this centract en any Of its pr:cucts or services or the products ce servir.es of ano:ner firm if :ne c:ntrac: r nas been sues:antially involved in :ne cevele: ment er marketing of sucn procucts er services.
(2)
If :ne c:n:rac :e uncer :nis c:n:rac: :reparts a ccm lete er essentially c: mole:e 5 a:ement of work er specifica:icns, the c:ntrac:ce l
sna11 de ineligi:le :: perf:rm er participate in :ne initial contractual effort wnic'. is basec en sucn statement of work or specificaticns.
(
The l
contract. snall not inc:r; crate its precucts or services in sucn statemen:
of Ark or specifications unless so directed in writing by ne c:ntracting l
officer, in w icn case :ne restriction in :nis sue:aragra:n shall not a 01y.
(3) Nothing in Mis :aragrapn shall crecluce t.ne c:ntracter f-m offering or selling its stancard c mercial items :: tne governmen:.
i 20-1.5406 Evalua:icn, fincings, and c:n:rac: awar:
The centracting Officer sili evalua:e all relevant facts su mittec Oy an offerce pursuan :: :ne re resenta:fon recuirements of $23-1.ic04(b) anc otner relevan inf:rmatt:n. After evaluating :nis infermation agains: :ne criteria of J 20-1.3403, a fincing will :e mace oy :ne c:ntracting officer wnethe-crganira:icnal c:nflic:s Of interes: exis: with res:ect
- a particular offer:r.
- f 1: nas teen ce:e-.inec :na: c:nflic:s of interes: exis:, :nen :ne ::n:rac:ing erficer scali e :ner:
i 1
(a; 31scuali'y :ne Offer:r f-:m awar:.
P00R OR/GINAL
7590-01 (c)
Avoid or eliminate sucn conflicts cy accropriate measures; or (c) Award the contrac: under the waiver provision of i20-1.5411.
320-1.5407 Conflicts identified after award.
[
If potential organizational ccnflicts of interes: are identified after award with respect to a particular contractor, the contracting officer determines that such conflicts do, in fact, exist and that it woulo not be in the best interests of the government to terminate the centract as provided in :ne clauses required by 120-1.5405, the centracting officer will take every reasonable action to avoid, eliminate, or, after cutaining a waiver in accordance with 120-1.5411, neutralize the effects of tne identified confilet.
320-1.5408 (Reserved)
- 20-1.5409 (Feserved) 120-1.5410 Subcentracts The centracting officer shall ruuire offerces and contrac:ces to submi: a representation statement in accordance witn i20-1.5404(b) from succentractors and censultants.
The contrac:ing officer shall require tne centrac:cr Oc include contract clauses in accordance with 320-1.5405 in consultant agreements or subcontracts involving perfor ance of work under a prime centrac: covered by this subsection.
520-1.5411 Waiver In the first instance, ceter nina:icn witn rescec: to the need to seek a waiver for specific contrac awards shall be made by the contracting officer with tne advice and :encurrence of the program office director and tne Office of Executive Legal Director. Upon the reccmendation of the centracting officer, and after consultation with the Office of the General Counsal, :he EDO may waive the policy in scecific cases if he l
determines that it is in the best interest of the United States to de 1
50.
i I
Ouch acticn shall be serie:ly limited to those situa: ions in wnien:
l (1) The work to be performed under centract is vital to the NRC program; (2) the work cannot be satisfactorily performee except by a contractor l
wnose interests give rise to a question of conflict of interest; and (3) contractudl and/or technical review and supervision methods can be emolayec by NRC to neutrali:e the conflict. For any sucn waivers, the justification and approval cocuments snall be placed in :ne Public document Room.
1 7590-01 120-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract for a breach of the restrictions in this suboart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washineten. 0.C his _ 27th day of Mar:h 1973.
For the Nuclear Regulatory Comission A
chudM Ch&
Samuel d. Chilk Secretary of) the tcmission l
-12 t
Revised 7/30/80 Consisting of Pages 1 through 25 GENERAL PROVISION FIXED PRICE SUPPLY CONTRACT 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 PAGE 1
Definitions.....................................................
1 2
Changes.........................................................
1 3
Extras..........................................................
1 4
Variation In Quantity...........................................
1 5
Inspection......................................................
1 6
Re s po ns ib ili ty Fo r Supp lies.....................................
2 7
Payments........................................................
2 8
Assignment of Claims............................................
2 9
Ad ditio nal Bond Security........................................
2 10 Examina tion o f Records By Comp troller General...................
2 11 Default.........................................................
2 12 Disputes......................................'..................
3 13 Notice and Assistance Regarding Patent and Copyright Infringement..................................................
3 14 Buy American Act................................................
3 15 Co nvi c t Lab o r...................................................
4 16 Contract Work Hours and Safety Standards Act -
Overtime Compensation.........................................
4 17 Ws_*sh-Healey Public Contracts Act...............................
4 18 Eq ua l Op p o r t uni ty...............................................
4 19 O f fi cia ls No t To 3e ne fit........................................
5 20 Covenant Agains t Contingent Fees................................
5 21 U tilization o f Sas11 Business Concerna..........................
5 22 Utilization o f Labor Surplus Area Concerns......................
5 23 Utiliza tion o f Minority Business concerns.......................
5 24 P r icing o f Adj us tmen ts..........................................
5 25 Payment of Interes t On Contractors ' C1 mi==......................
5 26 A l t e r a tio ns.....................................................
6 27 Listing of-Employment Openings..................................
6 l
28 Employment o f the Randicapped...................................
9 29 Clear Air and Water.............................................
10 30 Federal, State and Local Taxes..................................
11 31 Termina tion For Convenience of the Government................... 12 i
32 Minority Bus iness Enterprises Subcontracting Program............ 17 l
l 33 Preference For U.S. Flag Air Carriers.......................... 18 34 No tice To the Gove rnment of Labor Disputep...................... 18 35 Permits.........................................................
19 36 Renegotiation...................................................
19 37 Patent Indemnity................................................
19 38 Reporting Royalties.............................................
20 39 Notice Regarding Late Delivery..................................
20 i
l l
i GENERAL PROVISIONS (Supply Contract)
- 1. Drrix Tros s without limitation raw materials, components. intermediate As used throughout this contract, the following terms shall assemblies, and end products) shall be subject to inspection and ha,e the meaning set forth below:
test by the Government, to the extent practicable at all times and (al The term " head of the agency" or " Secretary" as used places including the period of manufacture, and in any event prior herein means the Secretary, the Under Secretary, any to senptance.
Assistant Seentary, or any other head or assistant Lead (b) In case any supplies or lots of supplies are defective in
,of the executive or military department cr other Federal material or workmanship or otherwise not in conformity with the agency; and the term "his duly authorizd representative
requirements of this contract, the Government sPall have the means any person or persons or board Mther than the right either to reject them (with or without instructions as to Contracting Oscer) authorized to act for the head of the their disposition) or to require their correction. Supplies or lots agency or the Secretary.
of supplies which have been rejected or required to be corrected (b) The term " Contracting OfReer" means the person executing shall be removed or,if permitted or required by the Contracting this contract on behalf of the Government and any othe:
Of"cer, corrected in place by and at the expense of the Contractor oScer or civilian employee who is a properly designate!
promptly after notice, and shall not thereafter be tendered for Contracting Offleer; and the term includes, except as other-acceptance unless the former rejection or requirement of corree-wise provided in thi', aontract, the authorized npres=nta-tion is disclosed. If the Contractor fails promptly to remove such tive of a Contracting ofEcer acting within the limits 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 otherwise replace
" subcontracts" includes purchase orders under this r correct such supplies and charge to the Contractor the cost contract.
occasioned b Government thereby or (11) may terminate this contract for default as provided in the clause of this contract 1
as entitled " Default." Unless the Contractor corrects or replaces The (*ontracting Offlesr may at any time, by a written order,
,uch supplies within the delivery schedule. the Contracting Of*.eer and without notice to the sureties, make changes, within the gen
- may require the delivery of such supplies at a reduction in price eral wope of this contract,in any one or more of the following:
which is eepitable under the circumstances..'ailure to agne to d) Drawings, designs, or specifications, when the supplies to be such reduction of pries shall be a dispute concerning a question furnished are to oe specially manufactured for the Government of fact within the mean.ing of the clause of this contract entitled in accordance therewith; (II) method of shipment or packing;
" Disputes."
and (iii) place of delivery. If any such change causes an increase W If h w w h M h h het a W or decrasse in the cost of, or the time required for, the perform-pnmises of the Contractor or a subcontractor, the Contractor ance of any part of the work under this contract, whether changed without additional charge shall provide all reasonable facilities or not changed by any such order, an equitable adjustment sha!!
and assistanee for the safety and convenience of the Government be made in the contract price or delivery schedule, or both, and Inspectors in the performance of their duties. If Government the contract sha!! be modified in writing accordingly. Any claim by inspection or test is made at a point other than the premises of the Contractor for adjustment under this clause must be asserted the Contractor or a subcontractor, it shall be at the expense of within 30 days from the date of receipt by the Contractor of the the Governnient except as otherwise provided in this contract:
notincation of change: Provided, however, That the Contracting Prended, That in case of rejection the Government shall not be Officer, if he decides that the facts justify such action, may re-liable for any rehtion in value of samples used in connection ceive and act upon any such claim asserted at any time prior to with such inspection or test. All inspections and tests by the anal payment under this contract. Where the cost of property Government shall be performed in such 1 manner as not to unduly made obsolete or excess as a result of a change is included in the delay the work. The Government reserves the right to charge tn j
contractor's claim for adfustment, the Centracting Officer shan the Contractor any additional cost of Government inspection anc.
I have the right ta presenbe the manner of disposition of such test when supplies are not ready at the time such inspection and property. Failure to agree to any adjustment shall be a dispute test is requested by the Contractor or when reinspection or retest concerning a question of fact within the meaning of the clause of is necessitated by prior rejection. Acceptance or rejection of the this enntract entitled " Disputes." However, nothing in this clause supplies shall be made as promptly as practicable after delivery, shall excuse the Contractor frosa proceeding with the contract as except as otherwise provided in thb ontract; but failure to chanced.
inspect and accept or reject supr' shall neither relieve the
't. ExTaAn Contractor from responsibility foi such supplies as are not in accordance with the contract requirements nor irnpose liability I'xcept as otherwise provided.in this contract, no payment for on the Government therefor.
eittaa shall be made unless such extras and the price therefor g
g have been authorized in wnting by the' Contracting Offleer.
or lots thereof t..u not niieve the Contractor from any responni-
- 1. Vuti sitow IN Qt:A NTTTY bility ngarding defects or other failures to meet the contract Na variation in the quantity of any item called for by this con.
requirements which may be discovered prior to acceptance.
tract mil be accepted unless such variation has been caused by Except as otherwise provided in this contract, acceptance shall conditans of loading, shipping, or packing, or allowances in be conclusive except as regards latent defects, fraud, or such manufsetmng processes, and then only to the extent, if any, gross mistakes as amount to fraud.
vecided elsewhere in this contract.
(e) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the supplias i b"FTTtow hereunder. Records of all inspection work by the Contractor (a) All supplies (which term throughout this clause includes sball be kept complete and available to the Government during STAND AAD FCN 32 (Rn 4M J
pmecebed by GSA. Fee (At CFR) 1-ILdOI P00R ORIGINAL
ing 05eer who shall reduce his decision to writing end mail or Contractor shall not be liable for any excess costs if the failure to otherwise furnish a copy thereof to the Contractor. The decision perform the contract arises out of causes beyond the control and
' sive unless, ethout the fault or negligence of the Contractor, Such causes of the Contracting OSeer shall be anal and i
may include, but are not restricted to, acts of God or of the public within 30 dare from the date of receipt o'
,the Con-tractor mails or otherwise furnishes to ig O Seer enemy, acts of the Government in either its sovereign or con-tractual capacity, firce, Soods, epidemics, quarantine restrictions, a written appeal addressed to the See
.sion of the p
strikes, freight embargoes, and unusually severe weather; but Secretary or his duly authorized r h
.c the determi-S
.ausive unless de-in every case the failure to perform must be beyond the control nation of such appeals shall be Y[N etion to have been and wnhout the fault or negligence of the Contractor. If the termined by a eurt of co' r so grossly erroneous fraudulent, or capricious.
failure to perform is caused by the default of a subcontrsctor, h
4
. supported by substantial and if such default arises out of causes beyond the control of bot, as necessarily to imply
- Dg
.ppeal proceeding under this the Contractor and subcontractor, and without the fault oc evidence. In connece neg!Irence of either of them, the Contractor shall not be liable e ause, the Cont' aforded an opportunity to be g
heard and to 64
.n support of its appeal. Pending for any excess costs for failure to perform, unless the supplies S.,6
.reunder, the Contractor shall proceed or servues to be furnished by b out,eentractor were obtainable anal decisio-c
.mance of h contract and in accordance from other sources in suscient time to. permit the Contractor to diligent!" c[t sSeer's deersion.
with t*
meet the required delivery schedule, (d) If das contract is terminated as provided in paragraph C
.es" clause does not preclude consideradou of law
. connection with decisions provided for in pars-(al of this clause, the Government,in addition to any other rights s e: Provided That nothing in this contract thall be pro ided in this clause, may require the (,ontractor to trsnafer grapa v
title and deliver to the Government, in the manner and to the construeu as mking anal the decision of any administrative extent directed by the Contracting OSeer, (1) any completed oSetal, representative, or board on a question of law.
supplies, and (ii) such partially completed supplies and materials,
- 13. NoTICI AND Aast4TANCg RacAmonto PaTsNT AND parts, tools, dies, jigs, aztures, plans, drawings, information, ComouT INmNasassNT and contract rights (hereinafter enned "manufseturing ma.
terials) as the Cor. tractor has spectacally produced or spe.
The provisions of this clause shan be applicable only if the amount of this contract exceeds $10,000, cifically acquired for the performance of such part of this contract (a) The Contractor shall report to & Contracting Omeer, as has been terminated; and the Contractor shall, upon direction promptly and in reasonable writtan detail, each notice or claim of the Contracting Omcer, proceet and presetve property in of patent or copyrightinfringemast based on h performance of possesion of the Contractor in which the Government has an this contract of which the Conasetor han latowledge.
interest. Payment for completed supplies delivered to and ac.
(b) In the event of any claim or suit assinst the Government eepted by & Government shall be at the contract prics. Payment on account of any sileged patent or copyright infringement for manufacturing materials delitered to and accepted by the Government and for the protection and preservation of property arising out of be performance of this contract or out of the use shall be in an amount as eed upon by the Contractor and Con.
of any supphee furnished or work or services performed here-tractia-Omcer; failure to arree to such amount shall be a disputa under, the Contractor shall furnish to the Govet tment, when concerning a question of fact within the meaning of the clause of requested b'y the Contracting Omcer, all evidence and information this contract entitled " Disputes." The Government may withhold in na==---"a of the Contractor pertaining to such suit or claim.
Such evidence and informstion shall be furnished at the expense from amounts otherwise due the Contractor for such completed of the Government ascept where & Contractor has agreed to supplies or manufacturing materials snel sum as the Contracting Omeer determines to be necemeary to protect the Government indemnify the Government, assinst loss beesuse of outstanding liens or etsima of former Ifan If. BUT AmcAN Act holders.
(a) In acquiring and producta, the Buy American Act (41 U.S.
(e) If, after notice of tanination of this covenct under b provisions of this clause, it is dotarmined for any tvsson that the Code 10 a-d) provides that the Government give preference to Contractor was not in default under the provisions of this clause, domestic source end predacts. For h purpose of this clause:
or that the default was excusable under the provisions of this (1) "Componente" m na those articles, materials, and sup-ciaase, the rights and obligstions of the parties sha!!,if the con.
plies, which are directly incorporated in the end products; (ii) "End products"===== thoes srticles, t-starials, and l
tract contains a cIsuse providing for termination for convenience supplies, which are to be acquired under this conturt for public of the Government, be the same as if the notice of termination had been issued pursuant to such claoes. If. after notice of termi.
use; and natior of this contract under h provisions of this clause, it is (111) A " domestic source end product" means ( A) an un-deter nined for any reason that & Contractor was not in default manufactured end product which has been mined or produced in the Unded States and (B) an end product manufactured in under the provisions of this clause, and if this contract does not contain s clause providing for termination for convenience of the the Unitat $tates if the cost of the con ponents thereof which C vernrne. t. the contract sha!! be equitably adjusted to compen.
are mined, produced, or manufsetured in the United States ex.
coeds 50 percent of the cwe of all its components. For the j
i
= ate for such termination and the contract modhd accordingly; purposes of this (a)(iii)(B), components of foreign origin of fadure to aeree to any such adjustment shall be a dispute con.
cernine a question of ract within the reaanmg of h clause of this the same type or %:51 as 6 products referred to in (h)(li) or (111) of this clause shall be treated as ccmponents mined, pro-mntract entitled "Disputri."
duced, o? manufactured in the United States.
(f) The rights and remedies of the Government provido( 5 thir (b) The Contractor agrees that bre will be delivered under riauw inalt not be etetusive and are in addition to any other
- his contract only fomestic source end products, except end rwhts and remedies provided by law or under this contract.
(g) As uaed in paragraph (c) of this clause, the terms "sub-products:
contrseter" and " subcontractors" mean subcontractor (s) at (1) Which are for use outside h United States; (II), Which the Government determines are not mined, pro.
any tier.
duced, or manufactund in & United States in suscient and
- 12. Dtsrt:rra g4 reasonably available commercial quawties and of a satisfactory (a) Except as othee" ydd
. any dispute quality; concermng a -
ctt wtract which (iii) As to whic} the Secretary determines the domestic a
d usd by the Contract-preference to be inconsistant with the public interest; or is not "
edt efA 3
sTANoARD FCW 32 th 4 6 P00R 0%GINA
or is threatened with, litigation with a subcontractor or vendor small business concerns; (2) other certiaed. eligible concerns w'.th as a result of such direction by W contracting agency, the Coa.
a first preference; (3) cert.ned.elisil,le concerns with a second trsetor may request W United States to enter into such litigation preference which an also small business concerns; (4) other to proteet the interests of the United States, certi8ed-eligible concerns with a second preference; (5) per.
"***8 8 **
""M**""""'"'""""
- 19. Orric ALs Not To BENtrtT small business concerns; (6) other persistent or substantiallabor No member of or delegate to Congress. or resident Cornante-surplus area concerns; and (T) small business concerns which sioner, shall be admitted to any share or part of this contract, or an not labor surplus ana conarns.
to any benent that may arise therefrom; but this provts'4a shall
- 23. UMMATION or 3f!NOSITY Bus Nass ENTraratssa not be construed to extend to this contract if made with a corpo.
ration for its general bene 6t.
(a) It is the polley of the Government diat ninenty business
- # "' 'h*U h* " *h* "" * "*'" P#*I**M* " "****7 **
- 20. CovtNANT ACAINsT CONTINGENT Fras participate in the performance of Government contracts.
The.Cantractor warrants that no person or selling agency has (b) The Contractor agnes to use his best eforts to carry out been employed or retained so solicit or secun this contract upon this policy in the award of his subcontracts to the fullest extent an acreement or understanding for a commission. percentage, consistent with the efHeient perfonnance of this con ract. As brokerage, or continrent fee, excepting bona due employees or usai in this conm tha tann "writy business orpse'*
hona flde established commercial or selling agencies maintained a 'ousiocas, at lesat 50 peretst of which is swned by maana by the Contractor for the purpose of secunne business. For minenty group=== =rs or,la case et publicly *wned bustneems.
bnach or violation of this warranty the Government shall have at least 51 percent of tne stock of which is owned by minonty the right to annul this contract without liability or in its discro-group members. For the purposes of this deanition, minonty tian to deduct from the contract price or consideration, or other*
group members are Negroes. Spanish-speaking Amenean persons, wise recover, the full amount of such commission, percentage.
American-Orientals. American-Indians. Amenean Eskimes, and brokerare. or continavnt fee.
American Aleuta. Contractore may nly on written representa-tions by subcontractors agarding their status as minority busi.
- 21. Urtt.rzan0N or Swat 1 Bvsrytss CONesmNs ness enterprises in Ueu of an independent ingetigation.
Is > It in the policy of the Government as declared by the Con-crews that a fair proportion of the purchasee and contracts for
- 24. Pare Ne or ADJUSTMENTS mentice and services for the Government be placed with small When costs are a factor in any determination of a contract businces enneerns.
pnee adjustment pursuant to the Changes clause or any other a b s The Contractor arnes to accomplish the maximum amount provision of this contrset, such costs shall be in accordance with of *ubcontract:nr to small business concerns that the Contractor the contract cost pnneiples and procedures in Part 1-15 of the dnds to ho conststent with the efr.cient performance of this Federal Procurement Regulations (41 CFR 1-15) or Section IV contract.
of the Armed Services Procunment Regulation, as applicable.
which are la efect on the date of this ecatract-
- 22. Unt.rzarroN cr I.anca Svartxa ABEA CONCERMs
- 25. PAYMENT Or INTERErf ON CONTRACTORS
- CI. AIMS tal It is the policy of the Government to award contracts to
!aber surplus ares concerns that (1) have been certifed by the (a) If an appealis iled by the Contractor from a anal decision See etarv of Labor (henafter refernd to as certifed-eligible of the Contracting OfBeer under the Disputes clause of this con-enneerna with orst or second preferences) regarding the employ-tract, denying a claim arising under the contract. simple interest ment of a proportionate number of disadvantaged individuals and on the n= aunt of the claim finally determined owed by the Govern-l have arreed to perform substantially (1) in or near sections of ment shall be payable to the Contractor. Such interest shall be at concentrated unemployment or underemployment or !n persistent the rate determined by the Secretary of the Treasury pursuant to or substantial labor surplus areas or (11) in other stems of the Public Law 92-41. 86 Stat. 97, froen the date the Contractor fur-l United States. respectively, or (2) an noncertined cot.cerne nishes to the Contracting Ofneer his w-itten appeal under the which have a: rived to perform substantially in perststent e sub-Disputes clause of this contract, to the date of (1) 2 a.nal Judg-
[
stantial labor surplus areas, when this esa be done consistent ment by a court of competent jurisdiction. or (2) mailing to the with the eApent performance of the contract and at prices ac Contractor of a supplemental agreement for exsention either een-hieher than are nbtainable elsewhere. The Contractor agrees to flrming completed negotiations between the parties or carrying une his best efforts to place his subcontracts in accordance with out a decision of a board of contract appeals.
(h) Notwithstanding (a), above. (1) intereat shall be applied
- hi policy.
(M In complying with perarrsph (a) of this clause and with only from the date payment was due. if such date is later than par teraph (b) of the clause of this contract etitled "Ut.lisation the A3ne of appeal, and (2) Interest shall not be paid for any at Small Business Concerns" the Contractor in placing his sub-nened tf time that the Contracting OfHeer determir.es the Con-contracts shall observe the following order of preference: (1) tra: tor has unduly delayed in pursuing his remedies before a Certined.cligible concerns with a Arzt preference which are also board of contract appeals or a court of competent furisdiction.
l l
P00R ORIGINAL I
5 stancano rm n <ne. 6-7si
.v..,,
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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 attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterana. 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 shan include, but not be limited te, periodic reports which shan be filed at least quarterly with the appropriate local office or, where the contractor has more than one hiring location in a State, vich 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 vetersas 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 reporting period wherein any performance is made on this contract identifying data for each hiring location. The contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year af ter final payment under the contract, during which time chese reports and related documentation shan be made available, upon request, for a - hation by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment, and placement.
e.
Whenever the contractor becomes contractuany bound to the listing provisions of this clause, it shan advise the employment service system in each State where it has establishments of the nana and location of each hiring location l
l in the State. As long as the contractor is contractuany bound to these provisions and has so advised the State systas, there is no need to advise the State system of subsequent contracts. The contractor may advise the
- State system when it is no longer bound by this contract clause.
I f.
This cinuse 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 l
apply to openings which the contractor proposes to fill from within his own I
organization or to fill pursuant to a customary and traditional egloyer-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. -
l
and advance in employhent 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 affirmative Action to. employ and advance in employment qualified disabled veterans and veterans of the Vietnam era.
m.
The contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted b 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 resp ect to any subcontract or purchase order as the Director of the Offica of Federal Contract Ccapliance Programa may direct to enforce sach provisions, including action for noncompliance.
M.
EyJLOYFJJI 0F THE HANDICAPPED (FPR Temp. Reg. 38) a.
The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take af firmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or = ental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, re-crui tment, advertising, layoff or termination, rates of pay or other forms of conpensation, and selection for training, including apprenticeship, b.
The contractor agrees to comply 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 cf the Contractor's noncompliance with the requirements of this l
clause, actions for noncompliance may be taken in accordance with the rules.
l regulations and relevant orders of the Secretary of Labor issued pursuant l
to the Act.
I d.
The Contractor agrees to post in conspicuo us places, available to employees and applicants for employment, noticos in a for= to be prescribed by the Director, office of Federal Contract Compliance Programs, Department of Labor provided by or through the Contracting Officer. Such notices shall state the contractor's obligation under the law to take af firmative action to l
employ and advance in employment qualified handicapped employees and appli-cants for employment, and the rights of applicants and employees.
The Contractor will notify each labor union or representative of workers i
e.
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 consitted to take af firmative action to employ and advance in employment physically and mentally handicapped individuals...
l (3) The term " clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise i
adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(4) of the Clean Air Act (42 U.S.C.1857c-5(d)), an approved implementation procedure or plan undar section 111(c) or section 111(d), respectively, of the Air Act (42 U.S.C.1857(c) or (d)), or an approved implementation 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 in 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 government to ensure compliance with pretreat-ment regulations as required by section 307 of the Water Act (33 U.S.C.
l 1317).
l l
(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 utilized 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 LOCAL TAXES (1-11.401-1(c))
l l
l (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 covered 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 'urden 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 rate increase: Provided, that the Contractor if requested
i
- i b.
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; l2) Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated; (3) Terminate all crders and subcontracts to the extent that they relate to the performance of work terminated by the Notk e of Ternination; (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 c1mi== 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 title to the Government and deliver in the menner, at the times, and to the extent, if any, directed by the Contracting Officer, (i) 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 complaced 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; l
(7) Use his best efforts to sell, in the manner, at the times, to the extent, j
and at the price or prices directed or authorized by the Contracting
(
Officer, any property of the types referred to in (6) above: Provided, however, That the Contractor (1) shall not be required te extend credit to any purchaser, and (ii) may acquire any such properry under the condi-tions prescribed by and at a price or prices approved by the Cootracting Officer: And providad further, 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 paid in such other mann=r as the Contracting Officer may direct; l
(8) Complete performance of such part of the work as shall not itave been terminated by the Notice of Termination; and l
1 be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict, or otherwise determine or affect the amount 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 whole 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 affect as of the date of execution of this contract, determins, 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:
(1) For ccupleted supplies accepted by the Government (or sold or acquired as provided in paragraph (b) (7) above) and not theretofore paid for, a sua equivalent to the aggregate price for such supplies computed in accordance with the price or prices specified in the contract, appropriately adjusted for any s'aving of freight or other charges; (2) The total of-(i) The costs incurred in the perfcemance of the work terminated, including initial costs and prepa atory expense allocable thereto, but exclusive of any costs attributable to supplies paid or to be paid for unden paragraph (e) (1) hereof; (ii) The cost of settling and paying claims 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 j
supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, I
(
which amounts shall be included in the costs payable under (1)
I above); and (iii) A sue, as profit on (1), above, determined by the contracting of ficer pursuant to 5 1-8.303 of the Federal Procurement Regulations (41 CFR 1-8.303), in effect as of the date of execution of this contract, to be fair and reasonable: Protdded, however, That if it appearn 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 appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated race 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 portion of the s
[
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f.
The Government may from time to time, under such terms and conditions as 'it nr.y orescribe, 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 payments shall be within the amount to which the 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 parcent per annum for the period from the date such excess payment la received by the Contractor to the date on which such excess is repaid to the Government: Providad, hauever, That no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention of disposition, or such later date as determined by the Contracting Officer by reason of the circumstances.
k.
Unless otherwise provided for in this contract, or by applicable statute, 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 make available to the Government at all reasonable times at the office of the Contractor but without direct charge to the Government. ell his books, records, documents, and other evidence bearing on the 2osts and expenses of the Contractor under this contract and relating to the work terminated hereunder, or, to the extent approved by the Contrar, ting Officer, photographs, microphotographs, or other authentic reproductions thereof.
32.
MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM (1-l.1310.2(b))
The Contractor agrees to establish and conduct. a progran which will enable a.
minority business enterprises (as defined in the clause entitled " Utilization of Minority Business Enterprises") to be considered fairly as subcontractors and suppliers under this contract. In this connection, the Contractor shall--
(1) Designate a liaison officer who will administer the Contractor'n minority business entsrprises program.
(2) Provide adequate and timely consideration of the potentialities of known minority business enterprises in all "make-or-buy" decisions.
(3) Assure that known minority business enterprises will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations / time for the preparation of bids, quantities, specifica-tiona, and delivery schedules so as to facilitate the participation of j
minority business enterprf ues.
(4) Maintain records showing (1) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minority businees enterprises, (ii) awards to minority business enterprises on the source list, and (iii) specific efforts to identify and award conersets to minority business enterprises. l l
l
...,. _. _, -. _. - -. -. - - _ _. _ - _. ~. - _, _.,. _.. _ - _ _ _.. _ _. - - - _ _ _ _ _, -
contract, the Contractor, shall inumediately give notice thereof, including all relevant information 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 timely performance of this contract; except that each such subcontract shall provide that in the event its timely performance is delayed or threatened by delay by an actual or potential labor dispute, the subcon-tractor shall immediately notify hfs next higher tier subcontractor, or the Prime Contractor, as the case may A of all relevant information with respect to such disputes.
- 35. PERMITS (9-7.5006-48)
Except as otherwise directed by the Contract 1ng Officer; the contractor shall procure all necessary permits or licenses and abide by di applicable laws, regulations, and ordinances of the U11ted 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 subj ect to the Renegotiation Act of 1951, as amended, the following provisions shall apply:
a.
This contract is subject to the Renegotiation Act of 1952 (50 U.S.C.
App. 1211, et. seq.), as amended, and to any subsequent act of Qongress providing for the renegotiation 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 Congress heretofore or hereafter enacted. Subject to the foregoing, this contract shall be deemed,to contain all the provisions required by section 104 of the Renegotiation Act of 1951, and by'any such other act, without subsequent contract m-d-t specifically incorporating such provisions.
t l
b.
The contra'etor agrees to' insert the provisions of this clause, including this paragraph (b), in all subcontracts, as that term is defined in section i
103 g. of the Renegot1'ation Act of 1951, as andaded.
37.
PATENT INDEMNITY (9-9.5009(c))
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, Title 35, (1952) U.S. Code, prior to the issuance of Letters Patent) occurring iri che 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 supplied under this contract.
1 l
40.
5.e. iud 4 OR0tR (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 the 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 pr suant to this claus'. Upon e
receipt of such an order, the Contractor shall forthwith comply with its terms and esie all reasonable' steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of ninety (90) days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either:
(i) cancel the stop work order, 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 of the order or any extension thereof expires, the Contractor shall resume work. An equitable adjustment shall be made in the delivery schedule or contract price, or both, and the contract shall be modified in writing accordingly, if:
(1) the stop work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this ccatract, 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.
i (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 settlement.
(d)
If a stop work order is not canceled and the work covered by such order is terminated for default, the reasonable costs resulting from the stop work order shall be allowed by equitable adjustment or otherwise.
21 l
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o.
S 43.
WORK FOR OTHERS Notwithstanding any other provision of th.is contract, during the
~
term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any finn or organization, the result of which may give rise to an actual or apparent' conflict of interest with 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 employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a possible conflict of interest, the contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.
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UTILIZATION.,CF SMALL BUSINESS CONCERNS AND SMALL SUSINES!
ONCERNS C7.'NED AND CONTP/
LED BY SCCIALLY AND ECONOMICALLY CIS.\\DVANTAGEO INDIVIDUALS A6 (a) I: is the pelicy of the United Sta:es : hat small business cencerns and small business concerns owned and cenreiled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participa:e in the performance of centracts let by any Federal agency.
(b) The contractor hereby agrees to carry out this policy in the awarding of subcentracts to the fulles: extent censistent with the efficient performance of this centrac:.
The cenractor further agrees to cooperate in any studies or surveys as may be c nducted by the Small Business Administra-ion or the centracting agency which may be necessary to determine the extent of the contrac:or's compliance with this clause.
(c)
(1) As used in this contract, the term "small business cencern" shall mean a small business as defined pursuant to section 3 of the Small Susiness Ac: and relevant regu!ations promulgated pursuant thereto.
(2) The term "sma!! business concern owned and coneo!!ed by sociaUy and economically disadva' nged individuals" shall mean n
a small business concern-(i) which is at leas: 51 per cen:um owned by one or more socially and economicany disadvantaged individuals; or in the case of any publicly owned bu:iness, a: leas: 51 per centum of the stock cf which is owned by one or mere social'.y and economica'ly disadva.naged individuals; and (ii) whose management and daily business operations are convol!ed by one or more of such individuals.
Th centrac:cr shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Facific Americans, and other minori !es, or any other Individual fcund to be disadvantaged by the Small Business Administra:ien pursuant to section S(a) of the Small Business Act.
(d)
Centractors acting in gcod f al*.h may rely on E ri::en representations by their subcontracters regarding their status as a small business concern or a small business concern owned and cen: rolled by socially and economica!!y disadvantaged individuals.
(End of Clause) 25 P00R ORIGlNAl.
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